REGULAR CITY COUNCIL MEETING III. PRAYER BY PASTOR … Council Ag.pdf · 2012. 8. 8. · #84611-84612(Special Payroll-PTO) $ 7,882.89 $ 13,073.18 $ 3,874.19 $ 16,188.47 6/12 Liquor

REGULAR CITY COUNCIL MEETINGPAYNESVILLE CITY HALL

AUGUST 8, 20126:00 P.M.AGENDA

I. CALL TO ORDERII. PLEDGE OF ALLEGIANCEIII. PRAYER BY PASTOR CRAIG, COUNCIL ACTIVITY REPORTS & PROPERTY

RECOGNITION (page 1)IV. DEPARTMENT HEAD REPORTS - Ron MergenV. CONSENT AGENDA

A. Minutes (page 2) - Public Safety Committee and Airport Commission.B. Vouchers (page 3) - Due to the early date of the meeting a voucher update will be

emailed out on Tuesday, August 7,2012 and distributed at the meeting.C. Resignation & Hiring Process (page 4)D. Temporary Street Closing - Paynesville Area Memorial Ride (page 5)

VI. NEW BUSINESSA. Heatherwood Plat Lots - Extension on Deferred Assessments (page 8)B. Sign Funding - Chamber of Commerce (page 17)C. 800 MHz Radios (page 18)D. Edward Schmitz Property (page 20)E. City Administrator Contract (page 25)F. Schedule Meeting with Paynesville Event Planning Committee (page 33)G. SKINZ Protective Gear Satisfaction (page 34)H. Queen Bee's Bar & Grill Interest Rate Adjustment (page 37)

VII. OLD BUSINESSA. Police Chief Position (page 38)B. Hwy. 23 (page 39)C. Opportunity Park Drive Project (page 46)D. Ranch View Preliminary Plat - Bruce & Bernie Stang (page 50)E. Lake Ave. Realignment (page 64)F. MPCA - Former Mid Town Service Station (page 65)G. Wastewater Treatment Re-scoping Project (page 77)H. Airport - PAPls and REILS project (page 79)

VIII. INFORMATIONALA. MN Wastewater Operators Training Report (page 85)B. 2012 LMC Regional Meetings (page 87)C. Mediacom Letter (page 91)D. Electricity Usage Report (page 93)E. TIF District Report (page 103)F. MN Revenue 2013 Certified LGA (page 104)

IX. CITY COUNCIL RECESS REGULAR CITY COUNCIL MEETING AND OPEN CLOSEDMEETING - The City Council will be meeting in closed session to discuss an offer on realproperty described as Lots 1 & 2, Block 1, Diekmann Business Park Plat Two; Parcel Numbers70.38748.0022 & 70.38748.0020.

X. ADJOURN CLOSED MEETING AND RE-OPEN REGULAR CITY COUNCIL MEETINGXI. ADJOURN

The agenda has been prepared to provide information regarding an upcoming meeting of the Paynesville City Council. Thisdocument does not claim to be complete and is subject to change. BARRIER FREE: All Paynesville City Council meetings areaccessible to the handicapped. Attempts will be made to accommodate any other individual need for special services. Pleasecontact City Hall at (320) 243-3714 early so that the necessary arrangements can be made.

REQUEST FOR COMMITTEE/COUNCIL ACTION

COMMITTEE/COUNCIL NAME: City CouncilCommittee/Council Meeting Date: August 8, 2012Agenda Section: Council ReportsOriginating Department: AdministrationItem Number:ITEM DESCRIPTION: Property RecognitionPrepared by: Renee EckerlyCOMMENTS:The City Council would like to recognize businesses and homeowners who have outstandingproperty appearance:

Blooms Corner Floral and Coffee ShopDavid Schmiginsky, 1020 Stearns Avenue

ADMINISTRATOR COMMENTS:

COMMITTEE/COUNCIL ACTION:


COMMITTEE/COUNCIL NAME: City Council

Committee/Council Meeting Date: August 8,2012

Agenda Section: Consent Agenda

Originating Department: Administration

Item Number: V - A

ITEM DESCRIPTION:

Prepared by: Staff

Minutes

COMMENTS:Please review the minutes from the following meetings:MeetingApril 25, 2012 Airport CommissionMay 22,2012 Public Safety Committee


COMMITTEE/COUNCIL ACTION:Motion to approve the minutes from the following meetings:April 25, 2012 Airport CommissionMay 22,2012 Public Safety Committee

Emailed5-24-127-24-12

5-24-127-24-12


$ 9,707.35$ 4,498.81$ 5,516.94$ 7,231.91$ 22,321.01$294,004.39

ACH (Special Payroll-PTO)#84618-8461 9#84620-84626+ACH#84627#84628-84682

7/24/128/2/12

COMMITTEE/COUNCIL NAME: City CouncilCommittee/Council Meeting Date: August 8, 2012Item Number: V-BITEM DESCRIPTION: VouchersPrepared by: ChrisCOMMENTS:Vouchers:7/25/127/26/12

Total $ 343,280.41

Direct Deposit#84613-8461 7Direct Deposit

Payroll:7/25/12

7/26/12

ACH:

#84611-84612 (Special Payroll-PTO)$ 7,882.89$ 13,073.18$ 3,874.19$ 16,188.47

6/12 Liquor Sales Tax $ 11,622.002nd Qtr '12 Water Sales Tax $ 2,940.00

**There will not be a check register included with the vouchers for the 7/25/12 Special Payroll (PTO) since noadditional vouchers were issued for PERA or deductions. All deductions were made by ACH and included in theamount listed above.

Total

$ 9,707.35$ 4,498.81$ 5,516.94$ 7,231.91$ 22,321.01$294,004.39

$ 343,280.41

ACH (Special Payroll-PTO)#84618-84619#84620-84626+ACH#84627#84628-84682

7/24/128/2/12

ADMINISTRATOR COMMENTS:COMMITTEE/COUNCIL ACTION:Vouchers:7/25/127/26/12

Direct Deposit#84613-84617Direct Deposit

Payroll:7/25/12

7/26/12

ACH:

#84611-84612 (Special Payroll-PTO)$ 7,882.89$ 13,073.18$ 3,874.19$ 16,188.47

6/12 Liquor Sales Tax2nd Qtr '12 Water Sales Tax

$ 11,622.00$ 2,940.00




Agenda Section: Consent


Item Number: V - C

ITEM DESCRIPTION: Resignation & Hiring Process

Prepared by: Chris

COMMENTS:

Stephanie Hormann, Cable Access Station Specialist and Liquor Store Clerk, has submitted herresignations from the City of Paynesville. Her last day will be August 13, 2012.

Requesting authorization to start the hiring process to fill the Cable Access Station Specialistposition.



Motion to accept resignation of Stephanie Hormann, Cable Access Station Specialist and LiquorStore Clerk effective August 13, 2012.

Motion to start the hiring process to fill the Cable Access Station Specialist position.




Agenda Section: Consent


Item Number: V-D

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Please review the attached Temporary Street Closing for Paynesville Area Memorial Ride to beheld on August 25, 2012 to close Augusta Ave. from James St. and James St. to the alley prior toAMPI closure from 12:30 p.m. to 2:00 p.m. and from 4:30 p.m. to 8:00 p.m.



Motion to approve the Temporary Street Closing for Paynesville Area Memorial Ride to be heldon August 25, 2012.

CITY OF PAYNESVILLE,. TEMPORARY STREET CLOSING APPLICATION

• . r \. Date A::J 2} 26 J 'L.Applicant's Name~K\. S l...U-e-n dJQf\ dt~:;;J: j 01 ~~ 3;i;;)'e ~ i'.S 2.. Telephone No. d-.l/3- 39 '?S-

Property Owner's Name~ 'i2.....'s. W-e f\ Q~o.." ~:t,Address I ~ ( W ::s Am. e s ';.> r Telephone No. ?-..V'3 - '3 '7 7 S----...

EventThy r0 es. lJ III ~

'-1: 30 - ~r~Date(s) Street(s) To Be Closed Time(s) Street(s) To Be ClosedA~0 Q) 6 I 2. 0 I '2 J c1 #" 30 - Z:oopm

Street To Be Closed Au...:-=- s -tc.... ·±o -S 'Uh,-€ $ S+From ~f-=--=Ol::.l-· :5---""- -_ To Am p.=L-=- _

Street To Be Closed _From To----------

Street To Be Closed ....,.--__From To _

--------------------------------------------------------------------------------------------------------------------------------------

DateC~ief of Police

Comments Jo1 \.- c WSyt-s.

Date

Comments _

Mayor Date

----------------------------------------------------------------------------------------------------------------------------------------For Office Use Only:

Date Received Date To ChiefofPolice Date to Fire Chief



Committee/Council Meeting Date: August 8, 2012

Agenda Section: New Business


Item Number: VI - A

ITEM DESCRIPTION: Heatherwood Plat Lots - Extension on Deferred Assessments

Prepared by: Staff

COMMENTS:

Greg Rutten, Rutwald Properties, LLC will be in attendance to request an extension on theDeferred Assessments. Please review the attached Request, Development Agreement, andInvoice showing past due fees still owed to the City.



Motion to _

7/24/12

To whom itmaycohcern:

IRutwald propertfes.woufd like to s@eak Io·the·City

CounciTilbtJut PO,S$fh1l}( lettilt;[~f{~t\ll1a!d Sell th~pf-OPertie$in Heatherwood pr~lt··I'emting.Buy;ersla.ssurneClncJ start.paying the 9~se,S$nilehts;.'8,s.~oon aS~he saIe haP'i9ens.Please put us on theagend!arorAugust 8th 2012 at 6:00.

!

IIII

Thanks Greg Rutten I

~ Iii- I

4~/~1

OFFICE OF COUNTY RECORDERSTEARNS COUNTY, MINNESOTA

Document: A1314912

Certified, Filed, and/or Recorded on

May 05,20103:31 PM

DIANE GRUNDHOEFERSTEARNS COUNTY RECORDER

AGREEM ENT REGARDING TRANSFER OF LOTSIN HEATHERWOOD PLAT 3

This Agreement, made and entered into this 14th day of April, 2010, by

and between the City of Paynesville, a municipal corporation, hereinafter

"the City", and Keith J. Dombrovski and Mary T. Dombrovski, husband and

wife; and James A. Meyer and Mary M. Meyer, husband and wife; collectively

referred to as "the Developers", and Greg Rutten and Wade Rodenwald,

individually, and doing business as Rutwald Properties, LLC, collectively

referred to as "Buyers".

WHEREAS, the City and the Developers, together with Christopher M.

Dombrovski and Krista L. Dornbrovski" ~lusband and wife, entered'into a

Development Agreement dated August 23, 2006, subsequently recorded

December 5, 2006 as Document No. 1213462, in the Office of the County

Recorder in and for Stearns County, Minnesota; and

•I f\~tf1 or'feu tM {f(\~ lJg, 0{l..{, v· i;~ I.: ......,.~'-..... \ ....... ;,. .~ ....... - •. '''W7'.

'0'SCR ( of Z

result in costs savings to the City, which the City agreed to credit against the

amount to be assessed to the lots in Heatherwood Plat 3, and in exchange

for which the Developers agreed to convey Outlot A to the City; and

WHEREAS, the Development Agreement provides for the deferral of

assessments and various costs until a future date or the sale of the lots,

which ever is first; and

WHEREAS, the Developers to date have sold Lot 14, Block 1,

Heatherwood Plat 3, and the assessments thereon have been paid, together

with one-third of the parkland dedication fee and deferred assessment for

the lift station, force main, and street lighting poles, leaving all remaining

assessments deferred and two-thirds of the deferred parkland dedication

fee, lift station, force main fees, and street lighting costs unpaid; and

WHEREAS, the Developers and Buyers have entered into a contingent

agreement for the sale of lots within Heatherwood Plat 3, which sale

depends upon the City agreeing to some continued deferral of the

assessments owed on these lots;

NOW, THEREFORE, it is agreed by and between the parties hereto as

follows:

1) The recitals above are incorporated herein by reference.

2) The parties hereto have had an opportunity to review the

Development Agreement and the Amendment and Addendum thereto, and

are familiar with their contents.

SCR .3 of--2..-

, .

35/100 ($3,226.35), for a total of Twenty-two Thousand SevenHundred Fifty-two Dollars and 15/100 ($22,752.15): One-third of thatamount was paid in May of 2007 out of the proceeds of the sale of Lot14, Block 1, Heatherwood Plat 3. An additional one-third, or SevenThousand Five Hundred Eighty-four Dollars and 05/100 ($7,584.05),shall be paid on April 16, 2010. The remaining one-third or SevenThousand Five Hundred Eighty-four Dollars and 05/100 ($7,584.05),shall be paid from the sale of the next lot sold in Heatherwood Plat 3by Buyers.

6) Except as otherwise provided herein, the terms and conditions of

the Development Agreement as amended by the Agreements of September

13, 2006, and June 13, 2007 referenced above, are hereby ratified and

confirmed.

7) The Buyers agree to be bound by the terms of said Development

Agreement as previously amended and as modified in Paragraphs 4 and 5

above.

8) This Agreement shall be null and void if the transfer of the lots

identified in Paragraph 3 above from the Developers to the Buyers does not

occur on or before April 16, 2010.

CITY OF PAYNESVILLE DEVELOPERS

-~ -;;).. 1/J1A/!~Kith J. Do brovski

'~~

SCR S of 7\~

, '>

STATE OF MINNESOTA):SS

COUNTY OF STEARNS)

The f.or oing instrument was acknowledged before me this /lp dayof , 2010, by James A. Meyer and Mary M. Meyer,husban and wife, Developers.


COUNTY OF STEARNS)

~",[;he foregoing instrument was acknowledged before me this /le day

of T D'tL.f ' 2010, by Greg Rutten and Wade Rodenwald, Presidentl Vice individu lIy, and doing business as Rutwald Properties, LLC, Buyers.~sident

THIS INSTRUMENT DRAFTED BY:

William SpoonerFRAUENSHUH & SPOONER, P.A.113 Washburne AvenuePaynesville, MN 56362(320) 243-3748Atty. Regn. No. 0131088

SCR 1 of 7

CITY OF PAYNESVILLE

221 WASHBURNE AVE.PAYNESVILLE, MN 56362Phone 320-243-3714

Bill To:Rutwald Properties, LLCC/o Greg RuttenAspire Realty119 BroadwayLittle Falls, MN 56345

DATE:

INVOICE

July 13, 2012

Legal Fees - Heatherwood Plat 3Assessments - UnderpaymentInterest Due (4/16/10 - 4/15/11) on

Remaining Deferred AssessmentsInterest Due (4/16/11 - 4/15/12) on

Remaining Deferred Assessments

Service Charge - 6/12Service Charge - 7/12

PAST DUEPAST DUEPAST DUE

399.840.20

5,580.12

5,664.07

174.67177.29

CURRENT

177.29

1-30 DAYSPAST DUE

174.67

31-60 DAYSPAST DUE

5664.07

OVER 90 DAYSPAST DUE

5980.16

IF THIS INVOICE IS NOT PAID WITHIN 30 DAYS OF INVOICE DATE, A SERVICE CHARGE OF 1.5 PERCENT

WILL BE ADDED EACH MONTH. (18% PER ANNUM.) .50 MINIMUM

)efp.cred Assessment Report-Assessment # 70200802;~ '~rwood Plat 3 Improvements

:Jarcel #

70.39118.50970.39118.51070.39118.51170.39118.51270.39118.51370.39118.51470.39118.51570.39118.51670.39118.51770.39118.51870.39118.51970.39118.52070.39118.52170.39118.52370.39118.52470.39118.52570.39118.52670.39118.52770, )18.52870.3bJ118.52970.39118.53070.39118.53170.39118.53270.39118.53370.39118.53470.39118.53570.39118.53670.39118.53770.39118.53870.39118.53970.39118.541

Name

Rutwald Prop~rties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCChristopher &K L DombrovskiChristopher & K L DombrovskiRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCRutwald Properties LLCDombrovski Family Trust

Description

Lot 1, Block 1Lot 2, Block 1Lot 3, Block 1Lot 4, Block 1Lot 5, Block 1Lot 6, Block 1Lot 7, Block 1Lot 8, Block 1Lot 9, Block 1Lot 10, Block 1Lot 11, Block 1Lot 12, Block 1Lot 13, Block 1Lot 15, B'lock 1Lot 16, Block 1Lot 17, Block 1Lot 18, Block 1Lot 19, Block 1Lot 20, Block 1Lot 21, Block 1Lot 1, Block 2Lot 2, Block 2Lot 3, Block 2Lot 4, Block 2Lot 5, Block 2Lot 6, Block 2Lot 7, Block 2Lot 8, Block 2Lot 9, Block 2Lot 10, Block 2Outlot B

Amount

v\3\ \0

15454.46 - (.V u\"3> \ \0

15454.46- Po. u\3\\015454.46 .... PI> \.-.;. \\015454.46" 'Po \..P

15454.4615454.46 f)(e.'-/uP?

15454.46 .~ 6 (Yt

15454.46. ~ \\ e;f .15454.46 ** ",;J. ~ q&-J1

1·'l.lS.\" l\9000.00 * '" ':\a.cd l \ " /

15454.:46..... P61~,JI?:- ) SC- D~Crpt'15454.46~ Pel LD . \L~{\-cJ_G

15454.46, 'O~ li-)

15454.46, ~15454.4615454.4615454.4615454.4615454.4615454.4615454.4615454.4615454.4615454.4p15454.4915454.4615454.4615454.4615454.4615454.4615454.46 **

Assessments go to Fund 525~

c\ \7\~* This deferred assessment of $9,000.00 + the 471.66 is due with the sale of Lot 10, Blk 1 V-\' iP-or five years (October 10, 2012) from the date of the final assessments, whichever is first. . q,\'\ '}- eYJ

.~\,a. <" (Y .,.~

**Lot 9 Block 1 and Outlot B are deferred for 5 years (10/12/2012) and are due and payable with the ~( ~:X-.\sale of a lot. If there are lots remaining in 5 years the Developer may ask to extend the ~ ~ \a-P\"'\deferral for an additional 5 years. These assessments are deferred interest free except for an 0 \v\'\ 7T

in' Fe where a lot is sold and assessments remains unpaid. In that case the interest shall accrue '6from the date of the sale of the lot at a rate of 8% per annum. vr-\ u-t

cY/ 1-

\) sY~\\. ,f>\\0\\ 0'

\6

The remainder of the lots were purchased by Rutwald Properties LLC on 4/16/1 0 and the City . l-I"I r\.J..-Cagr.,~~d to defer the lots purchased by Rutwald Properties for 5 years until 4/16/2015 or until lot su"~~is ( , whichever is first. There will be interest charged at a rate of 1 1/2% from 4/16/2010 and ~ ... interest will be payable on each year anniversary thereafter. Assessments on any lot unsold by4/16/15 are due on that date. Assessments shall accrue interest at a rate of 8% per annum fromthe due date if not paid. \ 'I~Dlu ci-l-U..~ O"Y\... 411 ~.

~lIh i~ lo+ so\d 1- R-..s.s~ l"'\j)t pc.tidNOTE: The above assessments will drop off of the system unless we contact the

County to defer for additional years.

Parkland DedicatDeferred Assessment for

Lift station and force main471.66 x 30 lot~

Street lighting pol

(lot 14-Ringstad)

5376.00· -

14149.803226.35.

22752.1513 =7584.057584.05·7584.0522752.15

Due wlsale of 1st lot (Pd 5/07)due on 4/16/2010 rutwald salePd 1.113\\1)Due wlsale of 2nd lot fJd tJI) 3\ \ 0

**Note in development agreement this amount was calculated when there were 32 lots471.66 x 31 =14621.46

mi: 70.39118.0518. only 31 lots in total

\U?






Item Number: VI - B

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Sign Funding - Chamber of Commerce

Representative(s) from the Chamber of Commerce will be in attendance to give a report on signfunding.







Originating Department:

Item Number: VI - C

ITEM DESCRIPTION: 800 MHz Radios

Prepared by: Staff

COMMENTS:

Lieutenant, Bob Dickhaus and Renee Eckerly will give a verbal report. Please review theattached letter.



Motion to approve sending letter to Sheriff Sanner to request tower for 800 MHz radios.

August 8, 2012

John SannerStearns County SheriffPO Box 217St. Cloud, MN 56302

RE: Tower for 800 MHz radios

Sheriff Sanner,

Paunes.' ," J \Ii.[r...... L~e

. ', ....:. ,',

~ Lifetime Dyyortunity

The City of Paynesville is aware that the State of MN will be decommissioning a 800 MHz radiotower site located near Eden Valley, Minnesota which serves, in part, the Paynesville area andwould like to request a replacement tower be placed on the land where the City's water tower islocated. This location is 16924 283rd Avenue, Paynesville, Minnesota. This land is owned by thecity of Paynesville.

The Police, Fire and Ambulance are receiving spotty to limited coverage, especially around LakeKoronis using the 800 MHz radios. There have been incidents such as fire alarms at thePaynesville Area Health Care System hospital where there was no communication inside. At a trainderailment in 2011, the communications were spotty at best and at a house fire at 309 HoffmanStreet where there again was little or no communications. The City has other large buildings suchas AMPI and the schools were the 800 MHz radios do not work inside.

The emergency personnel have been attempting to do the best they can with the radios but thesafety of our community, police, firefighter and ambulance personnel is a huge concern. The Cityis requesting improved radio coverage before a large scale incident occurs and communicationsfail on the 800 MHz radios when they are needed most.

The opportunity is now with a tower being decommissioned to place one in Paynesville.

Sincerely,

Jeff ThompsonMayor

Jeff BertramCouncil Member

Jean SoineCouncil Member

Dennis ZimmermanCouncil Member

Gene BeaversCouncil Member

cc: Don Otte, County Commissioner \G\

Phone: 320-243-3714TDD #711 320-243-7737

221 Washburne Avenue, Paynesville, MN 56362-1697

www.paynesvillemn.comFax: 320-243-3713

[email protected]






Item Number: VI - D

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Edward Schmitz Property

Renee Eckerly and Bill Spooner will give a verbal report. Please review the attachedAuthorization To Raze Hazardous Building and Resolution 2012-24 Confirming AgreementWith Edward G. SchmitzlThe Conservatorship of Edward G. Schmitz For The Razing &Removal By The City Of Paynesville Of That Certain Hazardous Building.



Motion to approve Resolution 2012-24 Confirming Agreement With Edward G. SchmitzlTheConservatorship of Edward G. Schmitz For The Razing & Removal By The City Of PaynesvilleOf That Certain Hazardous Building.

AUTHORIZATION TO RAZE HAZARDOUS BUILDING

I, the undersigned, Jay Liestman, the duly appointed Guardian and

Conservator of Edward G. Schmitz, a/k/a Edward George Schmitz, a single

man, who presently resides at _ (Ed's

address) state that Edward G. Schmitz, a/k/a Edward George Schmitz is the

owner in fee simple of that certain parcel of real estate located at 417 Minnie

Street, Paynesville, MN 56362, and legally described as follows, to-wit:

Lot 1, Block 1, Minnie Villa, according to the plat and survey thereof,now on file and of record in the Office of the County Recorder, StearnsCounty, Minnesota.

I further state and agree that on the above premises there is a dwelling

which has been seriously damaged by fire, which no longer has windows or

doors, and which has openings in the roof, which bUilding I agree and admit

as a hazardous bUilding as defined in Minnesota Statutes, Sections 463.15 -

463.261, and that the bUilding constitutes a public safety and health hazard

because of physical damage, inadequate maintenance and dilapidation, and

which building I agree and admit is beyond reasonable repair and should be

razed and removed.

I state further that no other person, firm or corporation has any right

in, claim to or lien against these premises.

I state that I do not have any funds at present to repair or remove the

bUilding above-described and, therefore, I do authorize the City of

Paynesville, pursuant to M.S.A. §463.151, to raze and remove the bUilding

and materials from the premises, including the foundation of the bUilding,

and to fill the excavation to grade, and to levy and collect the expenses of

such razing and removal and filling of the excavation as a special charge by

making a special assessment against the real estate on which the bUilding is

situated, as provided by M.S.A. §463.151, and I waive any right to a hearing

on such assessment, as well as any other objections to any failure to comply

with statutes setting out the procedure for such assessment.

I further state that there are no items of personal property or fixtures

on the premises or in the bUilding which are of any value, and I hereby

authorize the City of Paynesville to dispose of any personal property or

fixtures on the premises or within the bUilding thereon.

The City of Paynesville shall have sole determination as to how the

work is to be done and as to whether it is to be done by bid or contract or

otherwise, and I release, relinquish and waive any right to any accounting of

the costs or expenses involved in the razing or removal of the structure on

the above-described premises.

I further release and forever discharge the City of Paynesville from any

action or cause of action, claims and demands for damages by the

wardjconservatee, Edward G. Schmitz, his heirs or assigns as a result of the

razing and removal of such bUilding.

It is understood that the City of Paynesville shall be under no

obligation because of this authorization to remove or raze the buildings

above-described; that removal or razing under the terms of this

authorization is subject to approval by the City Council of the City of

Paynesville.

DATED: _Jay Liestman

RESOLUTION 2012- tL{CONFIRMING AGREEMENT WITH EDWARD G. SCHMITZ/THE

CONSERVATORSHIP OF EDWARD G. SCHMITZ FOR THERAZING & REMOVAL BY THE CITY OF PAYNESVILLE OF THAT

CERTAIN HAZARDOUS BUILDING

BE IT RESOLVED, by the City Council of the City of Paynesville, Minnesota:

1) The City Council confirms and consents to the attached agreement with

Edward G. Schmitz and the Conservatorship of Edward G. Schmitz for the razing

and removal by the City of Paynesville of the hazardous bUilding located at 417

Minnie Street, Paynesville, MN 56362 on real estate legally described as follows,

to-wit:

Lot 1, Block 1, Minnie Vii/a, according to the plat and survey thereof, nowon file and of record in the Office of the County Recorder, Stearns County,Minnesota.

2) The City of Paynesville is hereby authorized and directed to raze and

remove such building and to accomplish the same in such manner as the City may

see fit including, but not limited to, entering into a contract for the removal of the

structure and the making of such repairs to the property as may be necessary to

address safety concerns on the property.

Adopted by the City Council of Paynesville, Minnesota, this __ day of

________, 2012.

Jeff Thompson, Mayor

ATIEST:

Renee Eckerly, City Administrator






Item Number: VI - E

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

City Administrator Contract

Please review the attached Contract between the City Administrator and the City ofPaynesville. Discuss changes to the contract and appointing a negotiations team.



Motion to _

\,

EMPLOYMENT AGREEMENT

THIS AGREEMENT, made and entered into this 28th day of May, 2008, byand between the City of Paynesville, a municipal corporation, hereinafter called"City" and Renee Eckerly, hereinafter called "Employee".

WHEREAS, the City desires to employ the services of Renee EckerlyasCity Administrator/Economic Development Director for the City of Paynesville, asprovided in City Code Chapter 2, Section 2.09; and

WHEREAS, it is the desire of the City to provide certain benefits, establishcertain conditions of employment and set working conditions for employee; and

WHEREAS, it is the desire of the City to retain the services of employeeand provide inducement for employee to remain in such employment,and toprovide a just means for terminating employee services at such time asemployee may be unable to discharge employment duties or when the City mayotherwise desire to terminate the employment; and

WHEREAS, employee desires to accept employment as CityAdministrator/ Economic Development Director with City of Paynesville;

NOW, THEREFORE, in consideration of mutual covenants hereincontained, the parties agree as follows:

Section 1. Duties. The City hereby agrees to employ Renee Eckerly asCity Administrator/ Economic Development Director of said City to perform thefunctions and duties specified in City Code Chapter 2, Section 2.09, Subd. 4, thejob description attached hereto as Exhibit A and to perform other legallypermissible and proper duties and functions as the City shall from time to timeassign.

Section 2. Term. The term of this Agreement is from the day and dateset forth above through December 31, 2012, subject to the termination provisionsherein.

A. Nothing in this Agreement shall prevent, limit or otherwise interfere withthe right of the City to terminate the services of the employee at any time.

B. Nothing in this Employment Agreement shall prevent, limit or otherwiseinterfere with the right of the employee to resign at any time.

1

C. In the event written notice is not given by either party to thisAgreement to the other 30 days prior to the termination date as hereinabove provided, this Agreement shall be extended on the same terms andconditions as herein provided, all for an additional period of 1 year beyondJanuary 1, 2012, or any subsequent termination date. Said Agreement"shall continue thereafter for 1 year periods unless either party gives 30days written notice to the other party that the party does not wish to extendthis Agreement for an additional term beyond the termination date.

Section 3. Termination and Severance Pay. In the event the employeeis terminated by the City of Paynesville without cause, then in that event, the Cityagrees to pay employee as follows:

a.) In year 1(between January 1, 2008 and December 31,2008) a cashsum equal to four (4) months base salary.

b.) In year 2,5.5 months base salary;c.) In year 3,7 months base salary;d.) In year 4, 8.5 months base salary; ande.) In year 5, 10 months base salary.

If employee is terminated for cause, including but not limited to willful misconductor breach of this contract, the City shall have no obligation to pay severance pay.Any severance pay will be subject to deduction of normal withholding in effect atthe time of payment. The City shall have the sole and exclusive right todetermine what constitutes cause for termination.

Section 4. Compensation.

Compensation. The City agrees to pay employee for services rendered pursuantto this Agreement an annual base salary as shown in the City AdministratorsSalary Scale as shown below. The Council mayor may not add additional incentivesat annual review based on employee performance. Said salary to be retro active toJanuary 1, 2008 and to be paid in installments at same time as other employeesof the City are paid. In exchange for the payment of this salary the employeeshall work 2340 hours per year or 45 hours per week on average.

A. City Administrators Salary Scale (4% annual increase)2008 $62,500.002009 $65,000.002010 $67,600.002011 $70,340.00 .2012 $73,116.16

2

Section 5. Performance Evaluation.

A. The City Council shall review and evaluate the performance of theemployee at least annually within 30 days of January 15t each year. Saidreview and evaluation shall be in accordance with specific criteria

"developed by the City Council and employee. Said criteria may bemodified by the Council from time to time with notice to the employee;_Further within 30 days, the Mayor shall provide the employee with a writtenstatement of findings of the City Council and provide an adequateopportunity for the employee to discuss the evaluation with the CityCouncil.

B. In effecting the provisions of this Section, the City Council and theemployee mutually agree to abide by the provisions of applicable law.

Section 6. Goals and Objectives. Annually, the City Council andemployee shall define such goals and performance objectives which theydetermine necessary for the proper operation of the City and in theattainment of City policy objectives and shall further establish a relativepriority among these various goals and objectives. These said goals andobjectives to be reduced to writing. They shall generally be attainablewithin the time limitations as specified in the annual operating and capitalbudgets and appropriations provided.

Section 7. Outside Activities. Employee shall not spend time on outsideactivities for compensation without prior approval of the City Council. Theterm "outside activities" shall not be construed to include occasionalteaching, writing, consulting or military reserves service performed onemployee's time off.

Section 8. Benefits.

A. Vacation and Sick Leave. From the date of this Agreement Employeeshall accrue and have credited to Employee's account, vacation and sickleave based on a 45 hour work week retroactive to January 1, 2008.Employees' vacation and sick leave will increment annually to the nextlevel of years of service as tabled in the Personnel policy.

B. Other Benefits. The City agrees to pay 80% of employee and herfamilies total health care premium costs for the term of this contract(January 1,2008 to December 31,2012) up to a cap of $1 ,000.00.

3

The City agrees to provide other benefits for the Employee equal to thatwhich is provided for all other employees of the City as set forth in theBenefits Guide for the City of Paynesville, a copy of which is attachedhereto and incorporated herein by reference.

a.) Deferred Compensation. The City agrees to contribute matchingfunds into the deferred compensation program to a maximum of -_$2000.00 per year.

Section 9. Dues and Subscriptions. The City agrees to budget and payfor the professional dues and subscriptions of employee necessary foremployee's continuation and full participation in associations andorganizations necessary and desirable for employee's continuedprofessional participation, growth and advancement, and for the good ofthe City, not to exceed $2,000.00 per year.

Section 10. Professional Development.

A. The City hereby agrees to budget for and pay the travel andsubsistence expenses of employee for professional and official travel,meetings and occasions adequate to continue the professionaldevelopment of employee and to adequately pursue necessary official andother functions for the City.

B. The City also agrees to budget and pay for the travel and subsistenceexpenses of employee for courses, institutes and seminars that arenecessary for employee's professional development and for the good ofthe City.

C. The employee's right to partake in professional developmentopportunities as described in Section 9, Paragraphs A and B, is subject toprior approval by the City Council.

D. Reimbursement for expenses previously approved by the City Counciland incurred by the employee shall be made within 30 days of delivery tothe Accounts Payable Clerk of a receipt for payment of such expenses.

E. If the employee were to terminate their agreement with the city prior tothe expiration of this contract, the employee will reimburse the city for alltraining costs incurred during the term of this contract. Full payment wouldbe required prior to receiving last payroll check from city.

4

Section 11. General Expenses. The City recognizes that certainexpenses of a non-personal and generally job affiliated nature may beincurred by the employee, and hereby agrees to reimburse or to pay saidgeneral expenses, including mileage at a rate to be set annually by theCouncil, up to an amount not to exceed $50.00 per month without prior"City Council approval, receipts for such expenses shall be submitted in areport to the City Council for approval of reimbursement.

Section 12. Civic Club Memberships. The City recognizes thedesirability of representation in and before local civic and otherorganizations, and employee is authorized to become a member of up totwo (2) such organizations, for which the City shall pay all membershipdues. Employee shall report to the City on each membership thatemployee has taken out at the City's expenses.

Section 13. Bonding. The City shall bear the full cost of any fidelity orother bonds required of the employee under law or ordinance.

Section 14. Notices. Notices pursuant to this Agreement shall be given bydeposit in the United States Mail, postage prepaid, addressed as follows:

1 . To the City: Addressed to the Mayor at 221 Washburne Avenue,Paynesville, Minnesota 56362.

2. To Employee: Addressed to Renee Eckerly, CityAdministrator/EDAP Director, 221 Washburne Avenue, Paynesville,Minnesota 56362.

Alternatively, notices required pursuant to this Agreement may bepersonally served in the same manner as is applicable to civil judicialpractice. Notice shall be deemed given as of the date of personal serviceor as the date of deposit of such written notice in the course oftransmission in the United States postal service.

Section 15. Arbitration.

A. All disputes and controversies of every kind and nature between theparties to this Agreement arising out of or in connection with theemployer/employee relationship between the parties hereto as to theexistence, construction, validity, interpretation or meaning, performance,non-performance, enforcement, operation, breach, continuance, ortermination thereof shall be submitted to arbitration pursuant to theprocedures set forth in this Agreement.

5

B. Each party hereto may demand such arbitration in writing, whichdemand shall include the name of the arbitrator appointed by the partydemanding arbitration, together with a statement of the matter incontroversy.

~C. Within 30 days after such demand, the other party shall name theirarbitrator, or in default of a timely naming of such arbitrator, such arbitratorshall be named by the Arbitration Committee of the American ArbitrationAssociation, and the two (2) arbitrators so selected shall name a thirdarbitrator within 15 days, or in lieu of such agreement on a third arbitratorby the two (2) arbitrators so appointed, a third arbitrator shall be appointedby the Arbitration Committee of the American Arbitration Association.

D. The arbitration costs and expenses of each party shall be born by thatparty.

E. The arbitration hearing shall be held in Stearns County, Minnesota orsuch other location as may be mutually agreed in writing by the parties.

F. The arbitration shall be governed by the arbitration laws in the rules ofevidence of the State of Minnesota.

G. An award rendered by the majority of the arbitrators appointed underand pursuant to this Agreement shall be final and binding on all parties tothe proceeding and judgment on such award may be entered by eitherparty in the highest court, state or federal, having jurisdiction.

H. The parties stipulate that the provisions of this Agreement shall be acomplete defense to any suit, action or proceeding instituted in any federal,state or local court or before any administrative tribunal with respect to anycontroversy or dispute arising during the period of this Agreement andwhich is arbitrable as set forth in this Agreement.

I. Nothing contained in this Agreement shall be deemed to give thearbitrators any authority, power, or right to alter, change, amend, modify,add to or subtract from any of the provisions of this Employmentagreement.

Section 16. Merger. This contract is the final expression of the agreementof the parties and the complete and exclusive agreement of terms agreedupon and shall supersede all prior negotiations, understandings, oragreements. There are no representations, warranties or stipulations,either oral or in writing, not herein contained.

6

Section 17. Modification/Addenda. Any modifications, variations,alterations, or waivers of the provisions of this contract shall only be validwhen they have been reduced to writing and signed by authorizedrepresentatives of the City and the employee.

"Section 18. Severability. The provisions of this contract shall be deemedseverable. If any part of this contract is rendered void, invalid, orunenforceable, such rending shall not effect the validity and enforceabilityof the remainder of this contract unless the part of parts which are void,invalid or otherwise unenforceable shall substantially impair the value ofthe entire contract with respect to either party.

The parties further agree to substitute for the invalid provision a validprovision that most closely approximates the economic effect and intent ofthe invalid provision.

IN WITNESS WHEREOF, the parties have executed this Agreementon the day and year first above written.

CITY OF PAYNESVILLE

BY:~0:>Je ompson, ayor

7

EMPLOYEE

BY~'-f!iA R.J. .~Renee Eckerly






Item Number: VI - F

ITEM DESCRIPTION: Schedule Meeting with Paynesville Event Planning Committee (PEP)

Prepared by: Renee Eckerly

COMMENTS:

The Paynesville Event Planning Committee has requested a working session with the CityCouncil to discuss ideas to promote and increase the economic growth of the Paynesvillebusinesses with the Hwy 23 Bypass. The proposed dates are:Monday, August 27, 2012 6:00 p.m.Tuesday, August 28,2012 6:00 p.m. (School Board meeting night)Wednesday, August 29,2012 6:00 p.m.Thursday, August 30,2012 6:00 p.m.

Please check your personal calendar.



Motion to set a Working Session Meeting with Paynesville Event Planning Committee for






Item Number: VI - G

ITEM DESCRIPTION: SKINZ Protective Gear Satisfaction


COMMENTS:

SKINZ Protective Gear has sold their property at 511 Minnie Street. They have two EDAPRevolving loans (SKINZ #3 and SKINZ #4). The property is held as collateral on both of theloans. They will be paying off the 2008 loan (SKINZ #3) at the closing on August 9,2012 and arerequesting a Satisfaction.

EDAP Board will be meeting with SKINZ Protective Gear (Tammy and Jeff Hawksworth) onAugust 6, 2012 to discuss option on releasing the property from the 2010 loan (SKINZ #4) andwill be sending a recommendation to the Council. EDAP Board members will give a report. BillSpooner has prepared a mortgage satisfaction on the 2008 loan (SKINZ #3) that needs to be filedreleasing the indebtedness to the city.



Motion to authorize Jeff Thompson, Mayor and Renee Eckerly, City Administrator to sign theMortgage Satisfaction for SKINZ Protective Gear on the 2008 loan (SKINZ #3).

Motion to _

(Top 3 inches reserved for recording data)

MORTGAGE SATISFACTIONby Business Entity

Minnesota Uniform Conveyancing BlanksForm 20.5.2 (2011)

DATE: _(month/daylyear)

THAT CERTAIN MORTGAGE owned by the undersigned, a__m_u_ni_c..:..ip_a_1c_o-.;rp'--o_ra_t_io_n under the lawsof Minnesota ,dated April 10,2008 , executed by Jeffrey W.

(month/day/year)

Hawksworth, a/k/a Jeff Hawksworth, and Tammy L. Hawksworth, a/k/a Tammy Hawksworth, husband & wife,(insert name ofmortgagor)

as mortgagor, to the City of Paynesville, a corporation under the laws of the State of Minnesota(insert name ofmortgagee)

as mortgagee, and recorded on _A_p_ril_1_1_,_20_0_8 , as Document Number _12_5_5_1_1_2 (or in Book(month/day/year) ----

of Page __), in the Office of the • County Recorder 0 Registrar of Titles of _S_te_a_rn_s _(check the applicable boxes)

County, Minnesota, is with the indebtedness thereby secured, fully paid and satisfied.

CITY OF PAYNESVILLE(name)

By: ~~:-- _(signature) Jeff Thompson

Its: Mayor(type of authority)

(signature) Renee EckerlyBy:-;::::::==~-------------

Its: City Administrator(type ofauthority)

~Page 1012 j

Page 2of 2

State of Minnesota, County of _S_te_a_r_ns _

Minnesota Uniform Conveyancing Blanks Form 20.5.2

(month/daylyear)

as Mayor--------------------------and by Renee Eckerly

(name of authorized signer)

(type of authority)

as City Administrator(type ofauthority)

(Stamp)

THIS INSTRUMENT WAS DRAFTED BY:(insert name and address)

William SpoonerFRAUENSHUH & SPOONER, P.A.113 Washburne AvenuePaynesville, MN 56362(320) 243-3748Atty. Regn.No.0131088

(name ofauthorized signer)

of the City of Paynesville(name ofparty on behalf ofwhom the instrument was executed)

(signature of notariaf officer) Notary Public

Title (and Rank): _

My commission expires: --;_:;-:-:--;--;- _(month/daylyear)






Item Number: VI - H

ITEM DESCRIPTION: Queen Bee's Bar & Grill - EDAP Loan


COMMENTS:

At the July 17, 2012 EDAP Board meeting, the Board met with Doris Wendlandt. Queen Bee'sEDAP loan has a current interest rate of 7%. Revolving loans are currently being issued at primerate (currently 3.25%) plus a quarter percent. Wendlandt requested to have her interest ratereduced to the current rate which would be 3.5%. The Board discussed that Queen Bee's interestrate is greater than 2% higher than EDAP is currently issuing loans and the reduction wouldassist the business. EDAP Board did stipulate that payments must be current.

Motion was made by Stanley to reducing Queen Bee's Bar & Grill interest rate from 7%to prime rate plus a quarter percent and recommend such to the City Council. Secondedby Soine and unanimously carried.

The loan balloons in 2017.



Motion to approve reduction in Queen Bee's Bar & Grill revolving loan interest rate from 7% toprime rate plus a quarter percent at such time as the loan payments are current.




Agenda Section: Old Business


Item Number: VII - A

ITEM DESCRIPTION: Police Chief Position

Prepared by: Staff

COMMENTS:

Renee Eckerly will give a verbal report.








Item Number: VII-B

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Hwy.23

Representative(s) from the Paynesville Vision Group will be in attendance to request theCouncil's support in petitioning for a primary exit from the west for the State Hwy. 23 Bypass.The petition will be presented to Susanne Karnowski on August 9, 2012.

The Grand Opening & Ribbon Cutting Ceremony Invitation is also included for yourinformation.



Motion to _

31

To:

From:Subject:

Susan Karnowski, P.E.Program and Project Development EngineerMn/DOT - District 82505 Transportation RoadWillmar, MN 56201Paynesville Vision GroupPetition for a primary exit from the west for state highway #23 bypass

The primary exit requested will accomplish four specific benefits.1. This earlier exit will continue local motorists' long established habit of following

that more easily accessed route. Reducing confusion increases safety, and this morenatural path results in fewer traffic crossings. Visitors and locals have the option ofexiting before becoming distracted by potentially more dangerous cross traffic and'confusing routes to business district destinations.

2. Commercial and residential destination will remain as presently established.3. Specific destinations and services available will benefit the total city business,

residents, churches, and health care services access.4. Early access to the cities only motel, school activities and classrooms, primary

grocery and bottle shop will result from this early and safer routing.A map depicting the approximate routing for this exit only routing is attached.Signatures from concerned citizens reflect the value and interest of the residents

of Paynesville are attached.The DOT District 8 Resident Engineer, Paul Rasmussen, has provided courteous

and helpful information on how our interests can be represented to MN/DOT.Thank you for your favorable consideration of our requ~st.We will await your

reply as to how to proceed. Please contact any of the following individuals with anyquestions or concerns.

Paynesville Vision Group:Chairman: Bob McDaniel- 320-243-7580

Email: [email protected] Chairman: Pamela Simons - 619-957-1818City Administrator: Renee Eckerly- 320-243-3714Pat Flanders- 320-243-8484Ron Stebbins - 320-243-7605Jeb Johnson - 320-243-3702Dick Johnson - 320-260-1716

Sincerely,Ro~t 1. McDanie~Chai

A~~acHments:Bypass route apBypass Project Resource Members

-

Project Members

SMART PHONE APPRenee EckerlyNate BorkKim KrugerNorma BlockPamela Simons

EVENTSMike McArthurMatt DickhausenEllery PrenticeArnold VeldcampCheryl VeldcampTom Thelen

REGULAR COMMUNICATIONSMarlys HoukPhyllis NielsonDoris WendlandtSheri WagnerJean SoineKay McDaniel

SIGNAGE AND MARKETINGSue PutzkeDon ThomesDick GeersJebJohnsonBill LudwigMarla HartmanJoan ZahlerDon ZahlerPaul Bugbee

HIGHWAY 23 BUSINESS ROUTEAnn FrederichsRon StebbinsLyndiaDesmPat FlandersPat HesseJeff Bertram

We, the undersigned, supp~rt the Primary Exit, from Highway#23 Bypass depicted on the Bypass Route Map.

Name (Print) Address: Resident Paynesville Area Phone Number .Signature

l.

2.

3· .

4·

5·

6.

7·

8.

9·

10.

11.

12.

13·

14·

15·

16.

17·

18.

19·

20.

.j

11. L~fetime 0pyortul1ity

August 2, 2012

The City of Paynesville will be hosting a ribbon cutting ceremony commemorating therecent completion of the Highway 23/Paynesville Bypass. The event will be held from 11 :00 to11 :30 a.m. on Thursday, August 23rd and we would like you to join us in that celebration, Yoursupport of the Highway 23 corridor was an important part in the realization of this vitaltransportation connection to west central Minnesota,

The event will begin at the Paynesville American Legion where we will hear from local,state, and other officials. If you would like the opportunity to address the attendees please let usknow prior to the event. Ailer remarks we will take the short walk to Veterans Drive Bridgewhere the ceremonial ribbon cutting will take place.

We expect this expansion of the Highway 23 Regional Corridor will help spur neweconomic development within the community and region, and will also increase safety formotorists and residents alike by reducing the increasing congestion along the old route throughthe center ofthe city, This historic $32 million, 7.7-transportation upgrade was made possible byyour contribution so we hope you will be able to join us in its celebration.

Please RSVP by August 17 th to Renee Eckerly 320-243-3714 ext. 227 [email protected].

Sincerely,

~;t~~Jeff ThompsonMayor

Enclosure

Phone: 320-243-3714

TOO #711 320-243-7737


www.paynesvillemn.comFax: 320-243-3713

[email protected]

'The city of Paynesvi[[e cordia[[y invites you to a'RiGGon Cutting Ceremony ce[eGrating the oyening of the

J-{ighway 23 / Paynesvi[[e 'Byyass.

'Refreshments wifebe served

qs






Item Number: VII-C

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Opportunity Park Drive Project

Chuck DeWolf will give a verbal report. Please review the attached Payment Estimate No.1 inthe amount of $18,092.04; payable to Chad Munson Excavating, LLC for work completedthrough July 26, 2012.



Motion to approve Payment Estimate No.1 in the amount of $18,092.04; payable to ChadMunson Excavating, LLC.

E3C::::>LTC>N & IV! EN K, IN~®Consulting Engineers &Surveyors

2040 Highway 12 East • Willmar, MN 56201-5818Phone (320) 231-3956 • Fax (320) 231-9710

www.bolton-menk.com

July 27,2012

Mr. Ron MergenPublic Works DirectorCity of Paynesville221 Washburne AvenuePaynesville, MN 56362

RE: Opportunity Park Street & Utility ImprovementsCity ofPaynesville, MinnesotaBMI Project No. W14.103163

Dear Ron:

Enclosed please find three signed copies of Payment Estimate No.1 for the above referenced project. Thisestimate includes all work completed through July 26, 2012. We have reviewed the estimate and haveapproved it as submitted. Please review the estimate and, ifacceptable, sign and date all copies ofthe estimateand forward one copy to Chad Monson Excavating, LLC with payment, one copy to myselfand keep one copyfor your records.

Thank you for taking the time to review this estimate. Please feel free to call me ifyou have any questions orwould like to discuss the estimate.

Sincerely,

CWD/jd

Enclosures

DESIGNING FOR A BETTER TOMORROWBolton & Menk is an equal opportunity emplover.

CONTRACTOR RECAPITULATIONOPPORTUNITY PARK STREET & UTILITY IMPROVEMENTS

CITY OF PAYNESVILLE, MINNESOTABMI PROJECT NO. W14.103163

TOTAL, COMPLETED WORK TO DATE .

TOTAL, STORED MATERIALS TO DATE .

DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED .

TOTAL, COMPLETED WORK & STORED MATERIALS ..

RETAINED PERCENTAGE ( 5% ) ; .

TOTAL AMOUNT OF OTHER PAYMENTS OR (DEDUCTIONS) ..

NET AMOUNT DUE TO CONTRACTOR TO DATE ..

TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES ..

PAY CONTRACTOR AS ESTIMATE NO.

$19,044.25

$0.00

$0.00

$19,044.25

($952.21)

$0.00

$18,092.04

$0.00

$18,092.04

CERTIFICATE FOR PARTIAL PAYMENTI hereby certify that, to the best of my knowledge and belief, all items, quanitities, and prices of work and material shown on theEstimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract forthis project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that theforegoing is a true and correct statement of the contract amount for the period covered by this Estimate.

Contractor: Chad Monson Excavating, LLC.7600 Highway 71 SouthWill r, MN 56201

By -+~~==~'--.J!,~:::::::::::::....-__=-=----=------.:;;~Name Title

Date_/~h~7-H1r~J. _

AMOUNT:12 EAST, WILLMAR, MN 56201-5818

-~.,..Lllo£UlI!lI!l"I!~~AJ.~~~{f------'PROJECT ENGINEER

CHECKED AND APPBOLTON & MENK, C

Date 7 -'2,.., -,?-

APPROVED FOR PAYMENT:Owner:

By :=:-:' -:::-:-- _

Name Title Date

Name

Page 1 of 2

SCHEDULE OF UNIT PRICESOPPORTUNITY PARK STREET & UTILITY IMPROVEMENTSCITY OF PAYNESVILLE, MINNESOTABMI PROJECTWI4.103163

PAY ESTIMATE NO.: 1WORK COMPLETED THROUGH: 7/26/12

BID BID QUANTITYITEM UNIT BID AMOUNT COMPLETED AMOUNTNO. ITEM PRICE QUANTITY UNIT EXTENSION TO DATE TO DATE

1 MOBILIZATION $3 000.00 1.00 LUMP SUM $3,000.00 0.25 $0.002 CLEARING & GRUBBING $1200.00 1.00 LUMP SUM $1,200.00 0.85 $1,020.003 BUILDING REMOVAL ~7 000.00 1.00 LUMP SUM $7,000.00 $0.004 REMOVE CONCRETE CURB & GUTIER $2.00 180 LIN FT $360.00 $0.005 REMOVE SEWER PIPE (STORM) $10.00 60 LIN FT $600.00 $0.006 REMOVE BITUMINOUS PAVEMENT $1,45 1,900 SOYD $2,755.00 $0.007 REMOVE CONCRETE PAVEMENT $2.00 340 SOYD $680.00 340 $680.008 COMMON EXCAVATION (P) $2.70 3,183 CU YD $6,594.10 2546 $6,674.209 COMMON EXCAVATION·INFILTRATION POND (P) $2.70 4,211 CU YD $11,369.70 3369 $9,096.3010 SUBGRADE EXCAVATION (EV) $0.50 2,500 CU YD $1,250.00 747 $373.5011 SELECT GRANULAR BORROW (CV) $6.30 500 CUYD $4,150.00 $0.0012 AGGREGATE BASE, CLASS 5 (CV) $21.85 1,540 CU YD $33,649.00 $0.0013 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) $66.30 508 TON $34,696.40 $0.0014 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) $63.25 827 TON $52,307.75 $0.0015 BITUMINOUS MATERIAL FOR TACK COAT $3.00 280 GALLON $640.00 $0.0016 12" RC PIPE CULVERT CLASS V $27.85 76 LIN FT $2,116.60 $0.0017 12" RC PIPE APRON $403.00 4 EACH $1,612.00 $0.0018 15" PIPE APRON $141.00 1 EACH $141.00 $0.0019 15" PIPE APRON WITH TRASH GUARD $226.00 1 EACH $226.00 $0.0020 18" PIPE APRON WITH TRASH GUARD $300.00 1 EACH $300.00 $0.0021 24" PIPE APRON WITH TRASH GUARD $418.00 1 EACH $418.00 $0.0022 6" PVC PIPE DRAIN, SDR 26 ~9.30 165 LINFT $1,534.50 $0.0023 6" PERF PVC PIPE DRAIN, SDR 26 $13.65 140 L1NFT $1,911.00 $0.0024 6" PVC PIPE DRAIN CLEANOUT $58.75 1 EACH $56.75 $0.0025 12" PIPE SEWER (STORM) $14.90 70 L1NFT $1,043.00 $0.0026 15" PIPE SEWER (STORM) $15.20 750 LIN FT $11,400.00 $0.0027 16" PIPE SEWER (STORM) $21.20 137 LIN FT $2,904,40 $0.0028 24" PIPE SEWER (STORM) $29.70 154 L1NFT $4,573.80 $0.0029 CONNECT TO EXISTING SANITARY SEWER (CORE DRILL AND BOOT) $1 250.00 1 EACH $1,250.00 $0.0030 8".6" PVC WYE, SDR 26 $125.00 4 EACH $500.00 $0.0031 6" PVC PIPE SEWER, SDR 26 SANITARY SERVICE PIPE $13.25 52 L1NFT $689.00 $0.0032 8'" PVC PIPE SEWER, SDR 35 $13.60 636 LIN FT $8,649.60 $0.0033 ADJUST GATE VALVE BOX $150.00 3 EACH $450.00 $0.0034 HYDRANT 8.5' BURY $2944.00 2 EACH $5,888.00 $0.0035 6" GATE VALVE AND BOX $1 284.00 6 EACH $7,704.00 $0.0036 6" GATE VALVE AND BOX $1 677.00 1 EACH $I,6n.00 $0.0037 6" PVC WATERMAIN C·900 DR 18 $15.40 190 L1NFT $2,926.00 $0.0038 8" PVC WATERMAIN C-900 DR 18 $16.65 1,146 L1NFT $19,080.90 $0.0039 10" PVC WATERMAIN C-900 DR 18 $34,40 5 L1NFT $172.00 $0.0040 WATERMAIN FITIINGS (COMPACT) $6.25 1,072 POUND $6,700.00 $0.0041 CONSTRUCT SANITARY MANHOLE, DES 4007 $236.00 21.6 LIN FT $5,097.60 $0.0042 CONSTRUCT DRAINAGE STRUCTURE, R·l (2'X3') $164.00 12.6 LIN FT $2,066.40 $0.0043 CONSTRUCT DRAINAGE STRUCTURE, DES 48-4020 $294.00 37.4 LIN FT $10,995.60 $0.0044 CONSTRUCT DRAINAGE STRUCTURE, DES 54-4020 $412.00 6.6 LIN FT $2,719.20 $0.0045 CONSTRUCT DRAINAGE STRUCTURE, DESIGN SPECIAL $200.00 14.9 L1NFT $2,980.00 $0.0046 CASTING ASSEMBLY (SANITARY) $450.00 2 EACH $900.00 $0.0047 ADJUST FRAME AND RING CASTING (SANITARY) $300.00 1 EACH $300.00 $0.0048 CASTING ASSEMBLY NEENAH R·1733 (STORM) $450.00 8 EACH $3,600.00 $0.0049 CASTING ASSEMBLY NEENAH R·3501-TR (STORM) $550.00 4 EACH $2,200.00 $0.0050 RANDOM RIPRAP CLASS IV $51.00 100 TON $5,100.00 $0.0051 4" CONCRETE WALK $2.70 1,000 SOFT $2,700.00 $0.0052 CONCRETE CURB & GUTIER DESIGN S418 MODIFIED (EDINA STYLE) $8.60 2,550 LIN FT $21,930.00 $0.0053 6" CONCRETE DRIVEWAY PAVEMENT $43.00 12 SOYD $516.00 $0.0054 TRUNCATED DOMES $28.00 40 SOFT $1,120.00 $0.0055 TRAFFIC CONTROL $1 300.00 1.00 LUMP SUM $1,300.00 0.25 $325.0056 SILT FENCE, TYPE MACHINE SLICED $1.50 700 LIN FT $1,050.00 450 $675.00

57 TEMPORARY DITCH CHECK· 6" BIOROLL $2,50 48 LIN FT $120.00 $0.0058 STORM DRAIN INLET PROTECTION $150.00 6 EACH $900.00 $0.00

59 TEMPORARY ROCK CONSTRUCTION ENTRANCE $500.00 2 EACH $1,000.00 $0.00

60 SEED 270, FERTILIZER & TYPE 1 MULCH $900.00 9.1 ACRE $8,190.00 $0.00

61 INFILTRATION POND COMPLETE $12500.00 1.00 LUMP SUM $12,500.00 $0.00

62 EROSION CONTROL BLANKET CATEGORY 3 $1.50 300 SOYD $450.00 $0.0063 EROSION & SEDIMENT CONTROL $1.00 1.00 LUMP SUM $1.00 0.25 $0.25

64 SIGN PANEL TYPE C $49.00 6.3 SOFT $308.70 $0.00

65 4" SOLID LINE YELLOW - EPOXY $6.10 500 LIN FT $3,050.00 $0.00CONTRACT AMOUNT, $337,47~.00

TOTAL COMPLETED TO DATE: $19,044.25

Page 2 015






Item Number: VII-D

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Ranch View Plat - Bruce & Bernie Stang


Drainage Easement Vacation - Please review the attached Petition for Drainage EasementVacation as submitted by Stang Holdings, LLC, Bruce and Bernie Stang. They wish to vacate thedraining easement that runs along the easterly side of lots 1 and 2.

Development Agreement -Please review the attached Development Agreement. This is fordiscussion purposes only at this time.



Motion to approve Resolution 2012-25 Setting A Public Hearing On Vacation Of DrainageEasement.

so

JUL 2 5 2012

July 25, 2012

STANG PRECISION, INC.

531 MINNIE STREET

PAYNESVILLE, MN 56362

Hello,

We Stang Holdings LLC, Bruce and Bernie Stang owners of lots one, two and three, block 1 of

Ranch View development are Petitioning to vacate the existing drainage easement. The legal

description once existing agreement are attached. Also attached is the lot layout showing in

orange the easement location.

Thank You

Bruce Stang

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. AGREEMENT FOR DRAINAGE EASEMENT=====-=~-

The undersigned, Peter F. Ampe and Marilyn C. Schestak, joint

personal representatives of the Estate of Clara Ampe, Granto~s, for

good and valuable consideration, the receipt of which is hereby

acknowledged, do hereby convey and warrant to the Ci.ty of

Paynesville, Grantee a drainage easement with the unrestricted right

to clear, ditch and improve the same to facilitate necessary

drainage over, under and across real estate legally descri.bed as

follows, to-wit:

The Southwest Quarter of the Southeast Quarter of Section 9Township 122 North, Range 32 West, Stearns County, Minnesot~described as follows: Beginning at the southwest corner ofPAY-DEL-CO, a duly recorded plat on fil~ and of record in theOffice of the County Recorder, Stearns County, Minnesota, saidcorner being on the south line of the said Southwest Quarter ofthe Southeast Quarter; thence North 00 degrees 06 minutes 50seconds West, plat bearing, along the west line of saidPAY-DEL-CO, a distance of 400:00 feet; thence North 89 degrees39 minutes 50 seconds West a distance of 30.00 feet; thenceSouth 00 degrees .06 minutes 50 seconds West, parallel to thewest line of said PAY-DEL-CO, a distance of 400.00 feet to thesouth line of the said Southwest Quarter of the SoutheastQuarter; thence South 89 degrees 39 minutes 50 seconds East adistance of ~O.OO feet to the point of beginning.

~his easement shall be a temporary easement. The Grantees

rights under this easement shall terminate upon the installation of

a storm sewer on Minnie Street running to the East past the above

described easement. Upon termination of this temporary easement the

Grantee shall execute and deliver to the Grantor, its successors or

assigns, any appropriate deed or other documen~ deemed necessary by

the Grantor, its successors or assigns to' evidence the termination

of this easement. Furthermore, upon termination of this easement ,

the Grantee shall, at the request of the Grantor, its successors or

assigns, refill or remove any drainage facilities to be constructed

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370 CHAPEL HD.L RD., SUITE 105COl.\) SPRIN6,MN 56320PH. 320-685-5905FAX 320·685·3056

PRElIMINAIlY Pl.ATPREPARED BY'

O'MALLEY & ICRONLAND SURVEYORS, INC. t'" '2

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RANCH VEIWCITY OF PAYNESVIllE, COUNTY OF STEARNS

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LOT 1

ESTATES

RIVER

'!HIS SURveY IS IN'lCNIlEl> ONLY FOR 'THE BENEFlTOF lHEPIIRlV TO WHOMrr WAS PREPARED FOR liND SHOUl.D NOT BE RELIED UPON BY ANV OTHERPIIR1Y OR FOR IINV OTHER PURPOSE WITHOUT FIRST CONTACITN6lHESURveYOR WHO IlEVELOPEI> IINIl MAilE '!HIS IlIlJlWINS. UNIlUTHORIZEllIlEPIlCPUCTION OF 'THIS 1l0CUMENTIS PROHI8rTEIl.

DRA,lNAGE AND tlTILlTY EASEMENTS

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PRELIMINARY PLAT 'OF:III

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RESOLUTION 2012-~SETTING A PUBLIC HEARING ON VACATION

OF DRAINAGE EASEMENT

The City Council of the City of Paynesville, Minnesota, does hereby resolve as

follows:

WHEREAS, a Petition signed by a majority of the property owners owning

property legally described as follows, to-wit:

That part of the Southeast Quarter of Section 9, Township 122 North, Range32 West, that lies Southerly of the North Branch of the Crow River and liesWest of a line drawn Northerly at an angle of 89 °33'00" with the South lineof said Southeast Quarter, as measured from West to North, from a pointthereon distant 1,341. 75 feet West of the Southeast corner of said Section 9and East of the West 58 rods of the Southeast Quarter of Section 9,Township 122, Range 32, Stearns County, Minnesota,

and abutting upon Lots 1, 3 and 4 of Pay-Del-Co in the City of Paynesville was

received by the City Administrator of the City of Paynesville on July 25, 2012; and

WHEREAS, the above-described premises is proposed to be platted by the

owner as Ranch View; and

WHEREAS, the Petition requested that the City Council, pursuant to M.S.A.

§412.851, vacate a drainage easement running along the Easterly boundary of the

above-described premises, which easement was conveyed to the City of Paynesville

as Grantee, and created an unrestricted right to clear, ditch, improve and facilitate

drainage over, under and across a 30 foot strip of land described as follows:

The Southwest Quarter of the Southeast Quarter of Section 9, Township 122North, Range 32 West, Stearns County, Minnesota, described as follows:Beginning at the Southwest corner ofPay-Del-Co, a duly recorded plat on fileand of record in the Office of the County Recorder, Stearns County,Minnesota, said corner being on the South line of said Southwest Quarter ofSoutheast Quarter; thence North 00 °06'50" West, plat bearing, along theWest line of said Pay-Del-Co, a distance of 400.00 feet; thence North89 °39'50" West a distance of 30.00 feet; thence South 00 °06'50" Westparallel to the West line of said Pay-Del-Co, a distance of 400. 00 feet to the

South line ofsaid Southwest Quarter of the Southeast Quarter; thence South89 °39'50" East a distance of30.00 feet to the point ofbeginning; and

WHEREAS, the City Administrator has reviewed and examined the signatures

on the Petition and has determined that such signatures constitute a majority of the

land owners abutting upon and across which the above drainage easement which is

proposed to be vacated travels; and

WHEREAS, a copy of said Petition is attached hereto;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

PAYNESVILLE, MINNESOTA:

1) The City Council will consider vacation of such drainage and utility

easements and the public hearing on such vacation shall be held on September 12,

2012, at 6:30 p.m.

2) The City Administrator is hereby directed to give published, posted and

mailed notice of such hearing as required by law.

Adopted by the City Council of the City of Paynesville this __ day of

________, 2012.

Jeff Thompson, Mayor

ATTEST:

Renee Eckerly, City Administrator

2

RANCH VIEWDEVELOPMENT AGREEMENT

This Agreement is made and entered into this __ day of July, 2012,

between the City of Paynesville, a municipal corporation and political

subdivision of the State of Minnesota (hereinafter "the City"), and the owner

of the area proposed to be platted as Ranch View, Stang Holdings, LLC, a

Minnesota limited liability company (hereinafter "the Developer").

WHEREAS, the Developer has submitted a Preliminary Plat, a copy of

which is attached hereto and incorporated herein by reference, which

Preliminary Plat has now been approved by the City of Paynesville and which

Preliminary Plat includes property legally described as follows:

That part of the Southeast Quarter of Section 9, Township 122 North,Range 32 West, that lies Southerly of the North Branch of the CrowRiver and lies West of a line drawn Northerly at an angle of 89°33'00"with the South line of said Southeast Quarter, as measured from Westto North, from a point thereon distant 1,341.75 feet West of theSoutheast corner of said Section 9 and East of the West 58 rods of theSoutheast Quarter of Section 9, Township 122, Range 32, StearnsCounty, Minnesota; and

WHEREAS, the Developer wishes to develop the land within the

proposed Plat of Ranch View into three (3) lots, Lots 1 and 2 to be zoned as

industrial, and Lot 3 to be zoned as agricultural, which lots together contain

8.87 acres, more or less; and

WHEREAS, the area to be developed will benefit from the previous

installation of utilities including sanitary sewer and water, and street

improvements, with Lot 1 to have access to such improvements in Minnie

Street, and Lot 2, which will be used in connection with an addition to a

structure within the existing Plat of Pay-Del-Co, will access utilities from

Industrial Loop West; and

WHEREAS, no utilities are currently required with regard to Lot 3,

which will be zoned as agricultural, but Lot 3 will have access to Minnie

Street across a platted street identified in the Preliminary Plat as Ranch View

Drive, and in the event that in the future utilities would be required for said

Lot 3, it is anticipated that those utilities would be brought in in connection

with the improvements of Ranch View Drive; and

WHEREAS, the Developer is willing to agree to the following terms and

conditions related to the development of plans and the installation of

improvements and the approval of the Final Plat of Ranch View;

NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES

HERETO AS FOLLOWS:

1) The lots depicted as Lots 1, 2 and 3 of Ranch View on the proposed

Preliminary Plat will be platted as shown on Exhibit A in the Final Plat,

subject to such modifications of the Preliminary Plat as may be approved by

the City Council in its approval of the Final Plat of Ranch View.

2) The area to be platted as Ranch View will, at the time of platting,

be titled in the name of the Developer, Stang Holdings, LLC. The property

included within the plat will not be assessed for any existing improvements

or utilities, but at the time of any hook-up to utilities the Developer or the

then existing owner of any lot will be responsible for the cost of any required

lateral hook-ups from the main and existing hook-up fees.

3) The Plat of Ranch View includes a street identified in the

Preliminary Plat as Ranch View Drive, which will be dedicated to the public

use. At such time as that street might be improved, the Developer will be

responsible for the cost of providing lighting for that street, and the cost of

the improvement of the street and the installation of any necessary utilities

would be assessed under Chapter 429 of Minnesota Statutes.

4) The Developer will pay a parkland dedication fee of $2,942.50,

which is calculated as follows:

The property consists of 8.87 acres. A total of .66 acres is

deducted from the total acreage as .49 acres is wetland and .17 acres is for

storm water credit, leaving 8.21 acres. Three percent (3%) of 8.21 acres is

.25 acres. The market value of the total area is $104,400. Dividing the

total market value by 8.87 acres equals $11,770.01 per acre. Multiplying

that dollar figure by .25 acres equals $2,942.50.

5) Lot 3 of Ranch View will come into the City zoned "A-l" -

Agricultural, and the City will agree to leave that property zoned as

agricultural unless and until modification of the zoning is requested. Lots 1

and 2 of Block 1 of Ranch View will have come into the City pursuant to

annexation as "A-l" - Agricultural. The Developer shall petition for

amendment of the zoning of those properties to "1-1" - Light Industrial.

6) The Developer will be responsible for completion of the platting

process and will ensure at the Developer's expense, and in accordance with

State, Federal and local regulations, rules, ordinances and laws of the

following:

a) Survey and staking;

b) Setting of lot and block monuments;

c) Installation of utility services for platted lots where

necessary, including but not limited to gas, electric, telephone and cable

where available;

d) Street signs as necessary; and

e) Street lighting where necessary.

7) No construction or bUilding of any structure may be initiated on the

land within the Plat of Ranch View without obtaining a bUilding permit from

the City of Paynesville. Breach of any term of this Development Agreement

or failure to comply with the plans and specifications for improvements

contemplated by this Agreement shall be grounds for denial of a bUilding

permit.

8) This Agreement shall run with the land and be recorded in the

chain of title to this property.

9) Before the conveyance of any lot created by the Plat of Ranch View

or by any future subdivision of property within Ranch View, the City

Administrator shall obtain and keep on file a notarized copy of a concurrence

document, whereby the subsequent owner acknowledges and accepts the

Development Agreement and agrees to any improvements or assessments of

costs contemplated under the terms of this Agreement.

10) The Developer acknowledges that there is currently no

requirement for a storm water retention pond within the development of

Ranch View. However, the Developer also understands that if more

structures are built than are currently contemplated, there may be a

requirement for the construction of a storm water retention basin, and that

to the extent such a facility would be required in the future in connection

with a building permit, the Developer would bear the cost of such a storm

water retention facility.

IN WITNESS WHEREOF, each of the parties hereto has caused this

Agreement to be executed.

CITY OF PAYNESVILLE

By: _Jeff Thompson, Mayor

By: _Renee Eckerly, City Administrator


COUNTY OF STEARNS)

STANG HOLDINGS, LLC

By: _Its:

By: _Its:

The foregoing instrument was acknowledged before me this dayof , 2012, by Jeff Thompson and Renee Eckerly,the Mayor and City Administrator of the City of Paynesville, Minnesota.

Notary Public


COUNTY OF STEARNS)

The foregoing instrument was acknowledged before me this dayof , 2012, byand , theand of Stang Holdings, LLC.

Notary Public

THIS INSTRUMENT DRAFTED BY:

William SpoonerFRAUENSHUH & SPOONER, P.A.113 Washburne AvenuePaynesville, MN 56362(320) 243-3748Atty. Regn. No. 0131088






Item Number: VII - E

ITEM DESCRIPTION: Lake Ave. Realignment

Prepared by: Staff

COMMENTS:









Item Number: VII-F

ITEM DESCRIPTION: MPCA - Former Mid Town Service Station

Prepared by: Staff

COMMENTS:

Ron Mergen will give a verbal report on the meeting held on August 3, 2012.Please review the attached information including the Access Agreement.Public Works Committee will be making a recommendation on how to proceed.



Motion to approve the MPCA Access Agreements.

Ron Mergen

From:Sent:To:Cc:

Subject:Attachments:

Wiese, Paul [[email protected]]Monday, July 23,20121:58 PMRon MergenKania, Lauralin (MPCA) ([email protected]); Stock, Paul (MPCA)([email protected])FW: Paynesville Muni Water Supply (LEAK131) - Proposed Monitoring Well Locations 7-23-12Paynesville AP Color Large Proposed MWs 7-23-12.pdf

Hi Ron, per our conversation today I've attached an updated aerial photograph showing proposed monitoringwells locations with a few pertinent monitoring and City well, and provided the addresses for those monitoringwells proposed for the City right-of-way (ROW) below. It is my understanding the request to install monitoringwells in the City ROW will go in front of the City Council on August 8, 2012. Your assistance with this matter isgreatly appreciated.

The map key for the aerial photograph is as follows:

• Circle: location with signed access agreement and monitoring well permit application form on privateproperty.

• Square: Location of a few pertinent existing monitoring and City wells.• Diamond: Locations where Traut has obtained a permit from the Steams County Highway Department

for the Lake Avenue ROW.• Triangle: Locations which the property owners have indicated they will not allow access.• Inverted Triangle: Locations with the City road ROW where access from the City is needed.

Koronis Avenue ROW - Three At-Grade Monitoring WellsPaynesville Area Health Care (have access agreement with property owner, but wells need to go in the ROW)120 Hoffman Road E.Paynesville, MN 56307

Koronis Avenue ROW - One Protop Monitoring WellSusan Madison (have access agreement with property owner, but the well needs to go in the ROW to avoidtrees)121 Mill StreetPaynesville, MN 56307

Pomeroy Avenue ROW - Three At-Grade Monitoring WellsVoss Plumbing and Heating of Paynesville300 Hoffman Road E.Paynesville, MN 56307

South Street ROW - One Protop Monitoring WellDavid and Katherine Vig419 Lake Avenue SouthPaynesville, MN 56307

South Street ROW - One Protop Monitoring WellJay and Tami Pederson501 Lake Avenue SouthPaynesville, MN 56307

Maywood Avenue ROW - One Protop Monitoring Well

1

Vacant Lot AMPE Properties LLC700 South StreetPaynesville, MN 56307

Thanks,

Paul J. Wiese, P.G.Senior Project ManagerTerracon Consultants, Inc.3535 Hoffman Road East I White Bear Lake, MN 55110Direct 651-894-6628 I P 651-770-1500 I F 651-770-1657p;[email protected] I www.terracon.com

r;!;. Please consider the environment before printing this email

Terracon provides geotechnical, environmental, construction materials, and facilities consulting engineering services delivered withresponsiveness, resourcefulness, and reliability.

Private and confidential as detailed here (www.terracon.com/disclaimer). If you cannot access hyper/ink, please e-mailsender.

2

TheD':: .:late. 81',3 )f"ov!cle,:i In ::;In 'Af)··)!.";' ..~~I:Jj ..J,

without W8iT3niy or any iY:J~', 3;::p,3SS .'j OJ· iI',Jjci!s'j,iilc!L!':lin~1 !)Lr( i1!)( Iimi"tacl (0 '3'1\' W8i"i"'Jniv 3" to ;n:oj;'pdj'r~)lrn3nc,:;, :-m:;;-chatl't:.:1Liii'r.:,i, :.Jr fit! H3:3S i\J, ':liT"

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Minnesota PollutionControl Agency520 Lafayette Road NorthSt. Paul, MN 55155-4194

Access AgreementBetween Minnesota Pollution Control Agency

and Calvi n DavidsonPetroleum Remediation Program/Superfund Program

Doc Type: Access Agreement

Background

The Minnesota Pollution Control Agency (MPCA) is investigating, and/or taking corrective action in response to a release ofpetroleum from a tank(s) owned the former Midtown Service Station located at 400 Lake Avenue South in Paynesville, MN (LEAK#000131). As part ofthis investigation, it is necessary to perform work on your property located at 475 South Street in Paynesville,MN the "Property". The MPCA is authorized to take these actions under Minn. Stat. § 115C.03, subd. 2 and 3. The MPCA isauthorized to enter upon pUblic or private property to take such actions under Minn. Stat. § 115C.03, subd. 7(2).

Agreement

1. Parties. The Parties to this Agreement are:

A. Minnesota Pollution Control Agency (MPCA); and

B. (the "Property Owner").

2. Access. The Property Owner hereby consents and provides authorization to the MPCA, its employees, agents, andcontractors to enter the Property for the following purposes:

A. Investigating and/or taking such corrective action as the MPCA deems necessary to remediate soil and groundwatercontamination at the Property in response to a release of petroleum from a tank(s) located at 400 Lake Avenue Southin Paynesville, MN (LEAK #000131).

3. MPCA obligations. The MPCA will notify the Property Owner at least 48 hours before entering the Property. Work will beconducted during the hours of 8:00 a.m. to 5:00 p.m. unless the MPCA receives permission to conduct work duringdifferent hours.

4. MPCA and Property Owner precautions regarding work.

A. The MPCA will conduct its activities so as to avoid unreasonable interference with the use of the Property. If anyportion of the Property must be disturbed as a result of MPCA's activities, the MPCA will restore the property as closeto its original condition as is reasonably possible under the circumstances.

B. The Property Owner will take reasonable precautions to ensure that the equipment of MPCA and its contractors on theproperty is not damaged, and that the work being conducted by MPCA, its employees, agents and contractors is notdisrupted.

5. Permits and well sealing. The MPCA will obtain all necessary permits for installation and maintenance of any borings,monitoring wells, remediation wells, and/or water wells installed by MPCA or its contractors. Upon completion of allnecessary sampling or remediation, the MPCA will seal the borings, monitoring wells, remediation wells and/or water wellsin accordance with state law.

6. Notification. Unless otherwise specified, written requests or other documents sent to the Property Owner shall beaddressed to:

All reports or other documents sent to the MPCA shall be addressed to:

Laurie KaniaMinnesota Pollution Control Agency525 South Lake Avenue, Suite 400Duluth, MN 55802

nf"ll"\ LL"'7 "lOLA

7. MPCA Liability. The MPCA shall be liable for injury to or loss of property, or personal injury or death, caused by an act oromission of any employee of the State in the performance of the work described above, under the circumstances wherethe State, if a private person, would be liable to the claimant, in accordance with Minn. Stat. § 3.736.

8. Effective Date. This Agreement shall be effective upon the date it is signed by the MPCA.

Certification

By their signatures be/ow, the undersigned represent that they have authority to bind the parties theyrepresent, their agents, successors, and assigns.

Minnesota Pollution Control Agency

Print name: _

Title:

Signature:

Date: _

Property Owner

Print name: _

Title: _

Signature:

Date: _

www.pca.state.mn.us 651-296-6300 800-657-3864 TIV 651-282-5332 or 800-657-3864 • Available in alternative formats

June 7,2012

Mr. Michael Kanner, ManagerMinnesota Pollution Control Agency520 Lafayette Road N.St. Paul, MN 55155-4194

1l Lifetime oyyartunity

RE: Former Midtown Service Station SitePaynesville, Minnesota

Dear Mr. Kanner:

As you are well aware, the City of Paynesville is very concerned about the contaminationplume from the former Midtown Service Station. This plume is up gradient from the City WellField and is a continual threat to our water supply. The plume has already contaminated oneof our wells (Well #4) and we feel it is only a matter of time before it contaminates our otherwells. Well #4 was the City's best producing well and we can no longer use it. The Citycannot afford to lose any additional wells as a result of this contamination and relocating thewell field would be extremely difficult and costly and may not relieve concerns of contaminationor yield water suitable for municipal distribution.

Based on our March 19, 2012 meeting, it was very apparent that you are not open tocompleting an excavation to remove the plume. Therefore, we have been exploring otheroptions. At this point, we would like to take a proactive approach to protecting our watersupply and add a treatment process to our water treatment facility for Volatile OrganicCompounds (VOCs) removal. Attached is a flow schematic to strip the potential VOCs to theair prior to filtration and distribution to the residents of Paynesville. The supply water isproposed to be pumped to the top of a 30 to 40 foot high fiberglass tower which is filled withrandom packed plastic media. As the water cascades to the bottom, air is blown from thebottom and exhausted out the top. The VOCs in this process leave the water and areexhausted with the air. The random packed media would need to be periodically replaced.

The water would then flow to a detention tank to allow full oxidation of iron and manganese inthe water. These particles can then be removed by the gravity filter system. A granularactivated carbon cap on the filters may also be considered. The activated carbon would serveas an extra barrier for any petroleum base material that is not stripped out of the water. Thecontaminants would be adsorbed onto the activated carbon. The activated carbon cap wouldneed to be periodically replaced.

Phone: 320-243-3714

TOO #711 320-243-7737


www.paynesvillemn.com

-1\Fax: 320-243-3713

[email protected]

Mr. Michael KannerJune 7,2012Page 2

Based on current estimates, the capital cost associated with adding this treatment system tothe City's water treatment facility is $1,250,000.00. In addition, the annual cost associated withoperating and maintaining this portion of the treatment process is $32,300.00. The City isconsidering completing a water treatment facility rehabilitation project in 2013, so it wou Id becost effective to add this treatment process during the rehabilitation project.

Since the MPCA is not willing to complete an excavation to remove the plume, the Cityformally requests that the·MPCA provide 100% of the funding (capital cost and annualoperating and maintenance costs) to add the vae removal process to our water treatmentfacility. We have discussed this solution with other agencies, including the MinnesotaDepartment of Health, and they feel this treatment process would be effective in VOC removal.It is unfortunate that this situation has gotten to this point; however, we don't feel we cancontinue to wait for the contamination to reach our wells. The City's largest water user, AMPI,is very concerned about the contamination since they are a food processing facility that usesover 250,000 gallons of water each day.. If they were unable to operate their facility as a resultof contamination, there would be a significant financial loss, which becomes a substantialliability for the MPCA. Taking a proactive approach to a problem is better than being reactivewhen the contamination does occur.

Please feel free to contact us if you have any questions.

Sincerely,CITY OF PAYNESVILLE

~~~Dennis ZimmermanCouncil Member

q~~,-Gene BeaversCouncil Member

cc: Laurie Kania, MPCA

~&~~I'UJeff BertramCouncil Member

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June 25, 2012

Mr. Jeff Thompson, MayorMr. Dennis Zimmerman, Council MemberMr. Gene Beavers, Council MemberMr. Jeff Bertram, Council MemberMs. Jean Soine, Council MemberCity of Paynesville221 Washburne AvenuePaynesville, MN 56362-1697

Dear Mayor Thompson and City Council Members:

Thank you for your letter of June 7, 2012, which we received on June 22, 2012, and which relates to the

former Midtown Service Station petroleum leak site and the city's municipal wells.

The Minnesota Pollution Control Agency (MPCA) Petroleum Remediation Program remains committedto protecting the municipal wells from this site and, thereby, protecting safe drinking water in

Paynesville. For example, we have installed two new municipal wells to replace the capacity of former

municipal well numbers 3 and 4.

The system described in your letter is not necessary at this time, and it is not likely to be necessary inthe future; therefore, the MPCA would not participate in such a system at this time. However,

monitoring wells are there to detect petroleum contamination well before any municipal wells would be

unsafe for human consumption.

We do not expect the municipal wells to become unsafe due to petroleum contamination, but if

necessary, alternatives would be looked at by the AgencY,inciuding the standard type of systemdescribed in your letter, and implemented to continue safe drinking water for Paynesville.

Sincerely,

Michael Kanner

ManagerPetroleum Remediation Section

Remediation Division

MK:ls

cc: Steve Robertson, Minnesota Department of Health

Laurie Kanfa, Minnesota Pollution Control Agency, DuluthPaul Stock, Minnesota Pollution Control Agency, Detroit Lakes

Don Milless, Minnesota Pollution Control Agency, Brainerd

Equal Opportunity Employer

Ron Mergen

From:Sent:To:Subject:

Jeff Bertram [email protected]]Tuesday, July 24,20128:40 AMRon Mergen; 'Chuck DeWolfYou may want to share this when we have future discussions about Mid-town?

Former gas station declared public hazardBy Tammy Sakry on July 19,2012 at 7:01 am

Years after it closed its doors, the former Food-N-Fuel/Oasis station in St. Francis has been

declared a hazardous property by the St. Francis City CounciL

At its July 16 meeting, the council voted unanimously to declare the property at 4020 233rd Ave.

N.W. a public health and safety hazard.

The city has been in contact with the Florida-based MDW Equity, LLC, the owner of the property,

and staff have been told that the company does not have the money to remove the property's four

fuel tanks, said City Administrator Matt Hylen.

The tanks, which include two gasoline tanks, a diesel tank and an alcohol tank, have not been

connected to the corrosion prevention system for a number ofyears and can no longer be re

certified, he said.

The tanks were red-tagged by the Minnesota Pollution Control Agency (MPCA) in September

2009, according to Administration Intern Chris Michelson.

If the tanks have developed rust polyps, turning the corrosion prevention system back on could

force the tanks to rupture and cause a potential leak, Hylen said.

1

With the site declared a safety hazard, the city can legally remove the tanks and bill MDW Equity,

LLC, he said.

Estimates for the tank removal and demolishing the station building and canopy are between

$15,896 and $37,930.

It could cost more based on the condition of the tanks and any leaks, Hylen said.

If the company does not take care of the problem within 10 days, the city would have the right togo in, abate the problem and bill MDW, he said.

There would be fmancial exposure to the city ifMDW Equity, LLC did not pay the bill, Hylen said.

If it does not pay, the city could assess the cost to the property in September, he said.

History

The gas station was built in 1984 with three underground tanks and a fourth was added in 1997,

according to the document unearthed by Michelson.

The :MPCA inspected the property in July 2003 and found it had been closed.

MDW Equity acquired the property in October 2005.

Two years later the company was issued a field citation warning by :MPCA that it had failed to

conduct required tests and had inadequate spill containment equipment.

It was fmed $2,200 in January 2008 for failing to comply.

In April 2008, the :MPCA red-tagged the four tanks because they were not protected from

corrosion, for not having leak detection systems in place on the tanks and for the failure to comply

with the corrective actions required by the 2007 citations, according to the :MPCA documents.

A certified letter was sent to MDW Equity LLC Manager Hector Vinas in Davie, Fla. MDW is the

registered owner on file with Anoka County.

The :MPCA ordered MDW to remove the tanks in September 2009 after the company failed to

comply with the red-tag order in 2008.

This notification was send to Sara Vines at General Energy Corporation of Hollywood, Fla.

Tammy Sakry is at [email protected]

2



Committee/Council Meeting Date: July 25, 2012



Item Number: VII-G

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Wastewater Treatment Facility Re-scoping Project

Chuck DeWolf will give a verbal report. Six bids were received and opened for the Re-scopingProject with the apparent low bid from Magney Construction in the amount of $4,708,408.00.The engineer's estimate was $4,200,000.00.



BID TABULATIONWastewater Treatment Improvements

Paynesville, MNBMI Project No. M21.104642

Bids Taken:Time:

Thursday, July 26, 201111:00 a.m.

Addendum(s): #1 - July 23, 2012#2 - July 23,2012

BIDDERS AMOUNT BIDADD ITEM BID ADDEND.

No.1 BOND (8)

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2 Eagle Construction ~ ~ ~ ,<0. 1P<B5" \ 7-0 ,000 ~ I/'"

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Item Number: VII-E

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Airport - PAPls and REILs Project

Ron Mergen will give a verbal report. There were three bids received and opend on May 16,2012 on this project. On May 23,2012, the City Council awarded the contract to ElectricalSystems, Inc. of Brainerd, MN in the amount of $147,700.00 for the installation of PAPI andREIL lighting systems contingent upon FAA grant approval.

Please see the attached the Grant Agreements for Airport Improvements and Resolution 201226 between MnDOT and the City of Paynesville are attached for your consideration.



Motion to approve Grant Agreements for Airport Improvements Excluding Land Acquisition andResolution 2012-26 Authorizing To Execute MnDOT Grant Agreement For AirportImprovement Excluding Land Acquisition between MnDOT and the City of Paynesville andauthorize the City Administrator and Mayor to sign the documents.

Minnesota Department of Transportation

Office of AeronauticsMail Stop 410222 East Plato BoulevardSaint Paul, MN 55107-1618

Phone: 651-234-7200Fax: 651-234-7261

July 26, 2012

Ms. Renee EckerlyCity AdministratorPaynesville City Hall221 Washburne AvenuePaynesville, Minnesota 56362-1697

Subject: Paynesville Municipal AirportS.P.7302-17 Agr. #01785Install PAPls and REILs runway 11/29Agreements for Approval

Dear Ms. Eckerly,

Enclosed are three copies of the Grant Agreement for Airport Improvement for the projectdescribed above, and two copies of the corresponding Resolution authorizing signatures. Pleasereturn all copies of both documents, with original signatures, to me for further processing. Oncethe document is fully executed, I will return a copy to you for your files, and notify you that youmay proceed with the project and submit reimbursement requests.

If you have any questions, please feel free to call either Dan Boerner or myself.

SinceCerelY'1 , IJ . /. //;0,

'01, tlLaJlWvCat y uebsch, .E. 651.234.7245Assistant Regio al Airport Engineer

Enclosures

FAX: 651.296.9089

Rev. #1, 7/06 Mn/DOT Agreement No. 01785State Project No. A7302-17

GRANT AGREEMENT FOR AIRPORT IMPROVEMENTEXCLUDING LAND ACQUISITION

This Agreement is by and between the State of Minnesota acting through its Commissioner ofTransportation ("State"), and theCity of Paynesville ("Recipient").

WHEREAS, the Recipient desires the financial assistance of the State for an airport improvement project ("Project") as describedin Article 2 below; and

WHEREAS, the State is authorized by Minnesota Statutes Sections 360.015 (subdivisions 13 & 14) and 360.305 to providefinancial assistance to eligible airport sponsors for the acquisition, construction, improvement, or maintenance ofairports andother air navigation facilities; and

WHEREAS, the Recipient has provided the State with the plans, specifications, and a detailed description of the airportimprovement Project.

NOW, THEREFORE, it is agreed as follows:

1. This Agreement is effective upon execution by the Recipient and the State, and will remain in effect until September 30,2016.

2. The following table provides a description of the Project and shows a cost participation breakdown for each item ofwork:

Item DescriptionLighting Improvements - PAPIs & REILs

Federal Share90%

State Share0%

Local Share10%

3. The Project costs will not exceed $198,200.00. The proportionate shares of the Project costs are: Federal: $178,380.00,State: $0.00, and Recipient: $19,820.00. Federal funds for the Project will be received and disbursed by the State. In theevent federal reimbursement becomes available or is increased for this Project, the State will be entitled to recover from suchfederal funds an amount not to exceed the state funds advanced for this Project. No funds are committed under thisAgreement until they are encumbered by the State. No more than 95% of the amount due under this Agreement will be paidby the State until the State determines that the Recipient has complied with all terms of this Agreement, and furnished allnecessary records.

4. The Recipient will designate a registered engineer (the "Project Engineer") to oversee the Project work. If, with the State'sapproval, the Recipient elects not to have such services performed by a registered engineer, then the Recipient will designateanother responsible person to oversee such work, and any references herein to the "Project Engineer" will apply to suchresponsible person.

5. The Recipient will complete the Project in accordance with the plans, specifications, and detailed description of the Project,which are on file with the State's Office of Aeronautics and are incorporated into this Agreement by reference. Any changesin the plans or specifications of the Project after the date of this Agreement will be valid only if made by written change ordersigned by the Recipient, the Project Engineer, and the contractor. Change orders must be submitted to the State. Subject to theavailability of funds the State may prepare an amendment to this Agreement to reimburse the Recipient for the allowable costsof qualifying change orders.

6. The Recipient will make payments to its contractor on a work-progress basis. The Recipient will submit requests forreimbursement of certified costs to the State on state-approved forms. The State will reimburse the Recipient for the state andfederal shares of the approved Project costs.

a. At regular intervals, the Recipient or the Project Engineer will prepare a partial estimate in accordance with the terms ofthe contract, special provisions, and standard specifications for the Project(s). Partial estimates must be completed nolater than one month after the work covered by the estimate is completed. The Project Engineer and the contractor mustcertify that each partial estimate is true and correct, and that the costs have not been included on a previous estimate.

Page 1 of 4

b. Following certification of the partial estimate, the Recipient will make partial payments to the contractor in accordancewith the terms of the contract, special provisions, and standard specifications for the Project(s).

c. Following certification of the partial estimate, the Recipient may request reimbursement from the State for costs eligiblefor federal and state participation. A copy of the partial estimate must be included with the Recipient's request forpayment. Reimbursement requests and partial estimates should not be submitted if they cover a period in which there wasno progress on the Project.

d. Upon completion of the Project(s), the Recipient will prepare a [mal estimate in accordance with the terms of the contract,special provisions, and standard specifications for the Project(s). The final estimate must be certified by the Recipient,Project Engineer and the contractor.

e. Following certification of the [mal estimate, the Recipient will make [mal payment to the contractor in accordance with theterms of the contract, special provisions, and standard specifications for the Project(s).

f. Following certification of the [mal estimate, the Recipient may request reimbursement from the State for costs eligible forfederal and state participation. A request for [mal payment must be submitted to the State along with those project recordsrequired by the State.

7. For a Project which involves the purchase ofequipment, the Recipient will be reimbursed by the State in one lump sum afterthe Recipient: (1) has acquired both possession and unencumbered title to the equipment; and (2) has presented proofofpayment to the State, and (3) a certificate that the equipment is not defective and is in good working order. The Recipient willkeep such equipment, properly stored, in good repair, and will not use the equipment for any purpose other than airportoperations.

8. If the Project involves force-account work or project donations, the Recipient must obtain the written approval of the Stateand Federal Aviation Administration (FAA). Force-account work performed or project donations received without writtenapproval by the State will not be reimbursed under this Agreement. Force-account work must be done in accordance with theschedule of prices and terms established by the Recipient and approved by the State.

9. Pursuant to Minnesota Statutes Section 360.305, subdivision 4 (g) (1), the Recipient will operate its airport as a licensed,municipally-owned public airport at all times of the year for a period of20 years from the date the Recipient receives [malreimbursement under this Agreement. The Airport must be maintained in a safe, serviceable manner for public aeronauticalpurposes only. The Recipient will not transfer,'convey, encumber, assign, or abandon its interest in the airport or in any realor personal property, which is purchased or improved with State aid funds without prior written approval from the State. Ifthe State approves such transfer or change in use, the Recipient must comply with such conditions and restrictions as the Statemay place on such approval. The obligations imposed by this clause survive the expiration or termination of this Agreement.

10. This Agreement may be terminated by the Recipient or State at any time, with or without cause, upon ninety (90) days writtennotice to the other party. Such termination will not remove any unfulfilled [mancial obligations of the Recipient as set forth inthis Agreement. In the event of such a termination, the Recipient will be entitled to reimbursement for eligible expensesincurred for work satisfactorily performed on the Project up to the date ofterrnination. The State may immediately terminatethis Agreement if it does not receive sufficient funding from the Minnesota Legislature or other funding source, or suchfunding is not provided at a level sufficient to allow for the continuation of the work covered by this Agreement. In the eventof such termination, the Recipient will be reimbursed for work satisfactorily performed up to the effective date ofsuchtermination to the extent that funds are available. In the event of any complete or partial state government shutdown due to afailure to have a budget approved at the required time, the State may suspend this Agreement, upon notice to the Recipient,until such government shutdown ends, and the Recipient assumes the risk of non-payment for work performed during suchshutdown.

11. Pursuant to Minnesota Rules 8800.2500, the Recipient certifies that (1) it presently has available sufficient unencumberedfunds to pay its share of the Project; (2) the Project will be completed without undue delay; and (3) the Recipient has the legalauthority to engage in the Project as proposed.

Page 2 of4

12. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the Recipient will maintain such records and provide suchinformation, at the request of the State, so as to permit the Department ofTransportation, the Legislative Auditor, or the StateAuditor to examine those books, records, and accounting procedures and practices of the Recipient relevant to this Agreementfor a minimum of six years after the expiration of this Agreement.

13. The Recipient will save, defend, and hold the State harmless from any claims, liabilities, or damages including, but not limitedto, its costs and attorneys' fees arising out of the Project which is the subject of this Agreement.

14. The Recipient will not utilize any state or federal financial assistance received pursuant to this Agreement to compensate,either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified ordebarred from entering into or receiving a State contract. This restriction applies regardless ofwhether the disqualified ordebarred party acts in the capacity ofa general contractor, a subcontractor, or as an equipment or material supplier. Thisrestriction does not prevent the Recipient from utilizing these funds to pay any party who might be disqualified or debarredafter the Recipient's contract award on this Project.

15. All contracts for materials, supplies, or construction performed under this Agreement will comply with the equal employmentopportunity requirements of Minnesota Statutes Section 181.59.

16. The amount ofthis Agreement is limited to the dollar amounts as defmed in Article 3 above. Any cost incurred above the amountobligated by the State is done without any guarantee that these costs will be reimbursed in any way. A change to this Agreementwill be effective only if it is reduced to writing and is executed by the same parties who executed this Agreement, or theirsuccessors in office.

17. For projects that include consultant services, the Recipient and its consultant will conduct the services in accordance with thework plan indicated in the Recipient's contract for consultant services, which shall be on file with the State's Office ofAeronautics. The work plan is incorporated into this Agreement by reference. The Recipient will confer on a regular basiswith the State to coordinate the design and development of the services.

18. The parties must comply with the Minnesota Government Data Practices Act, as it relates to all data provided to or by a partypursuant to this Agreement.

19. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedingsarising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction inRamsey County, Minnesota.

20. For projects including federal funding, the Recipient must comply with applicable regulations, including, but not limited to,Title 14 Code of Federal Regulations, subchapter I, part 151; and Minnesota Rules Chapter 8800.

21. For all projects, the Recipient must comply, and require its contractors and consultants to comply, with all federal and statelaws, rules, and regulations applicable to the work. The Recipient must advertise, let, and award any contracts for the projectin accordance with applicable laws. The State may withhold payment for services performed in violation of applicable laws.

22. Under this Agreement, the State is only responsible for receiving and disbursing federal and state funds. Nothing in thisAgreement will be construed to make the State a principal, co-principal, partner, or joint venturer with respect to theProject(s) covered herein. The State may provide technical advice and assistance as requested by the Recipient, however, theRecipient will remain responsible for providing direction to its contractors and consultants and for administering its contractswith such entities. The Recipient's consultants and contractors are not intended to be third party beneficiaries of thisAgreement.

Page 30f4

State Encumbrance VerificationIndividual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05.

By: _

Date: _

MAPS Order No: _

RecipientRecipient certifies that the appropriate person(s) have executed the Agreement on behalf of the Recipient as required by applicableresolutions, charter provisions or ordinances.

By: _

Title: _

Date: _

By: _

Title: _

Date: _

Commissioner, Minnesota Department of Transportation

By: _Director, Office ofAeronautics

Date:

MnlDOT Contract Managementas to form & execution

By:

Date: _

Page 4 of 4

~u. S. Department of TransportationFederal Aviation Administration

Date of Offer: July 24,2012Project Number: 3-27-0152-07-12DUNS Number: 13-255-3934

GRANT AGREEMENT

Recipient: THE CITY OF PAYNESVILLE (Herein called the "Sponsor")Airport: Paynesville Municipal Airport, Paynesville, Minnesota

. OFFER

THE FEDERAL AVIATION ADMINISTRATION, FORAND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, asthe United States' share, ninety percent (90%) of the allowable costs incurred in accomplishing the project consisting of the following:

"Install Precision Approach Path Indicator (PAPI) and Runway End Identification Lights (REILs) toRunway 11/29";

as more particularly described in the Project Application dated June 12, 2012.

The maximum obligation of the United States payable under this Offer shall be $178,380 for airport development, $0 for noise programimplementation, $0 for land, and $0 for planning.

This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title 49 U.S.C.Acceptance and execution of this offer shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations andrights of the United States and the Sponsor. .!UNITED STATES OF AMERICA -"~~-=---=-¥/--~~~~~ _FEDERAL AVIATION ADMINISTRATION Manager, Min apolis Airports District Office

SPECIAL CONDITIONS

See Attachment A

ACCEPTANCE

The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein, in the Project Application, and in theApril 2012 "Terms and Conditions of Accepting Airport Improvement Program Grants" signed on May 9,2012.

CITY OF PAYNESVILLE, MINNESOTASignature

(Seal)Title

Executed this day of , 2012

CERTIFICATE OF SPONSOR'S ATTORNEY

I, , acting as Attorney for the Spo,nsor do hereby certify: That in my opinion theSponsor is empowered to enter into the foregoing Grant Agreement under the laws of State of Minnesota. Further, I have examined the foregoingGrant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor'sofficial representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws ofthe said State and Title 49 U.S.C. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legalimpediments that will prevent full performance by the Sponsor. Further, it is my opinion that the.said Grant Agreement constitutes alegal and bindingobligation of the Sponsor in accordance with the terms thereof. I

Executed this __ day of , 2012Signature of Sponsor's Attorney

Rev. 1/07

RESOLUTION 2012-26

AUTHORIZATION TO EXECUTEMINNESOTA DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT FOR AIRPORT IMPROVEMENTEXCLUDING LAND ACQUISITION

It is resolved by the City of Paynesville as follows:

1. That the state ofMinnesota Agreement No. 01785,

"Grant Agreement for Airport Improvement Excluding Land Acquisition," for

State Project No. 7302-17 at the Paynesville Municipal Airport is accepted.

are(Title)

authorized to execute this Agreement and any amendments on behalfofthe

City of Paynesville.

CERTIFICATION

STATE OF MINNESOTA

COUNTY OF

I certify that the above Resolution is a true and correct copy ofthe Resolution adopted by the

(Name of the Recipient)

at an authorized meeting held on the day of , 20__

as shown by the minutes ofthe meeting in my possession.

Signature: -:-=---:-_-=----:----::--:- _(Clerk or Equivalent)

CORPORATE SEAL IORl NOTARY PUBLIC

My Commission Expires: _

INFOR$MATIONAI~

Minn. Wastewater Operators TrainingJuly 25th

- 2ih 2012

MN Sea Grants; the sea grants program supports and participates in scientific researchand outreach projects that focus on Lake Superior and Minnesota's in land lakes. Theresearch is on items IE aquatic invasive species, community planning and water quality.He mainly discussed their ongoing studies of Lake Superior.

Mn Commercial vehicle Enforcement; Randy Zahn with the State patrol presented thelaws and rules of operating COL, the newest law pertains to hand held cell phones. Thefinal rule prohibits drivers from using a hand held mobile phone while operating acommercial vehicle. Other items noted were daily inspections, what are you checking,log books, be sure they are up to date and OUI information, if you get a OUI you willlose you COL for one year, .04 while in your commercial vehicle and .08 when in yourprivate vehicle.

Vendor display; we had approximately 70 some vendors selling and demonstrating,safety equipment, valves, chemical feed equipment, process control programs, low endSCAOA systems utilizing cell phones, meters and meter calibration, engineering,manhole rehabilitation and inflow and infiltration devises, process equipment, biosolidshandling, etc. they were all on hand to present their products and share their knOWledgeand several site demonstrations of mainline and service line slip lining were done.

Collection System replacement; Frank Stuemke from MN Rural Water gave apresentation on a small North Western Mn community. They had major I & I problems,noting flows would reach 4 to five times the normal flows. The community started withthe basic smoke testing to identify the I & I problems, then went to televising the mainline. With the experience of the engineers and rural water it was recommended toreplace everyone's service line all the way into the resident or business. What happensis once the main line is replaced the water will seek the path of least resistance and willfollow the trench to the service line. There have been communities whom replace mainline and never seen a reduction in the I & I flows because the water just flow in theservice line. Being this was federally funded the contractor could not go onto privateproperty, so what they did is gave everyone five year to replace the service line utilizinga private contractor.

Lift stations 101 This was a short presentation on low pressure lift stations identical tothe one we installed on Minnie st. for Brian Lieser, they have become very populararound lakes where a gravity system is not practical. Some of the points made in thepresentation were the proper application for the units, single or duplex homes, theseunits are normally located on private property so ask the resident to keep thelandscaping to a minimal. The big item with this type of lift is who is responsible formaintenance & repairs, it is split about 50-50 with communities, with ours the homeowners is responsible.

Operating a collection System during a flood; Ref; Owatonna 2012Owatonna had several by pass pumps, generators and other emergency equipmentneeded. The sand bagged several of the main line manholes to keep the flood waterback, but in the end they lost the battle and had to retreat due to the rising waters.When it was done the flood completely destroyed the main lines crossing the river to thetreatment plant, with the high water they were unable to set a temporary bypass forseveral days. They asked all their industry to shut down, which they did for 10 dayswhile a new siphon and force mains were installed. This reduced the flows for 3mgd toless than 1 mgd.lt was noted there was nothing else they can due to prevent thedamage that was done.

Inflow and infiltration by Infratech;They presented a how to conduct complete analysis of your collection system for thebasic smoke testing to dye testing, moving up to manhole inspections and televising.They noted smoke testing cost is approximately $2500.00 per 10,000 feet of line, theyalso noted to be sure and let everyone know what you are doing or you will end up withsome panicked individuals and the fire dept. on seen.The manhole inspections forms were reviewed noting you may need to enter themanhole to due an accurate job of inspection. On new installation and rehab projectthey are not installing steps in manhole any longer, this does two things, first it willprevent any infiltration from seeping in the manhole, also it is a safety area where if thesteps are not their it forces the employee to utilize the safety harness and tripod. Withthe amounts of H2S04 in the lines they will decay! rust and become a hazard in time.

MPCA compliance and enforcement;They reviewed the schedule for inspections, every year for a major and once everythree years for a minor; the break point is a major is over one million gallons per day.Our permit is .887 gpd. What they look for on a inspection is first impression, does itlook neat and clean, this usually lets them how the plant is being run. One of the nextitems is your knowledge of your NPDES permit and when was the last time youreviewed it. The obviously will review all your records, sampling procedures, calibrationmethods, etc. They stressed the fact they would rather work with a community on acompliance issue rather than using their enforcement tools.

Proper execution of a sewer backup call; City of DuluthThey presented their protocol for responding to a sewer backup from when the callcomes in to when they leave the site. Timely response is critical when a flow is backingup into someone's home, call for back up help if needed. If there is a mess in theresident take as many pictures as possible and state only that all the information will beturned over to their supervisor and insurance company. Never admit fault.

This was a very educational training session and I appreciate the opportunity to attend,thanks Ron

Agenda-Greater Minnesota

Agenda-Greater Minnesota

2012 LMC Regional Meetings

1p.m.Registration Open

Page 1 of2

1:30 p.m.Educating and Integrating New Council MembersWith a big election year ahead, most Minnesota cities will see a few-or even a lot-of new faces ontheir councils. League staff and city colleagues will share tips on successful ways to get new members inthe know and on the team.

2:15 p.m.Keeping Your City's Investments SafeIs your local bank safe? Can you find higher yields from investment income? How can cities investsafely and still see growth? Keeping your community's money protected, while doing what you can toearn critical investment income, doesn't have to be so complicated. Financial experts and 4M Fundadministrators from PMA Financial Network, Inc. and RBC Global Asset Management will discusssolutions designed specifically for Minnesota cities.

3p.m.Break

3:15 p.m.Preventing Employee Dishonesty: Theft, Embezzlement, and FraudEmployee theft, embezzlement, and fraud aren't just big-city problems. Look beyond the headlines withreal case studies to understand how fraud can happen in your city-and how to prevent it.

4p.m.Legislative UpdateThe outcomes of the 2012 legislative session included both successes and challenges. What were somepositives for cities from the session? What unfavorable legislation was thwarted from passing, and will itbe back next year? How can you get involved on issues important to your city and provide feedback onthe League's 2013 legislative platform? League intergovernmental relations staff will be on-hand withthese answers and more.

4:45 p.m.Social Time

5:15 p.m.Dinner

6p.m.Welcome from Host Mayor and Comments by LMC Staff

6:15 p.m.Remarks from LMC President Betsy Hodges

httn'//www lmr.orp-/mwe/1 /:wencl~-rep-mtgs12_isn 7/11 nOD

Agenda-Greater Minnesota Page 2 of2

6:30 p.m.Meet Your Legislative CandidatesAll 20 I legislative seats are on the ballot this fall-and this is your chance to talk directly withMinnesota House and Senate candidates from districts in your area of the state. During this moderatedpanel format, you will have a unique opportunity to not only learn about candidate policy positions andhear their views on key issues impacting the state, but also ask questions about other issues affectingyour city.

7:30 p.m.Adjourn

Copyright ©2012 League of Minnesota Cities, 145 University Ave. W, Saint Paul, MN 55103-20441 Phone: (651) 281-1200 IToll-Free: (800) 925-1122

http://www.lmc.org/page/l/agenda-regmtgsI2.jsp 7/31/2012

2012 Regional Meetings

L~MINNESOTA

CITIES

Page 1 of2


Don't miss the opportunity to learn and network with neighboring city officials at the 2012 LMCRegional Meetings. These meetings will be held September through November at various locationsthroughout the state-mark your calendar now for the location nearest your city!

-REGISTER (Link to: http://my/mc./mc.org/ebusiness/ProductCata/og/Product.aspx?ID=1950) (you'll need to set up a MyLMC

account in your name to register)

-Agenda (Link 10, http.l/www.lmc.org/page!I1agenda-regmtgs12.jsp) (stay tuned for a separate agenda for the metroregional meeting)

-Fee: $40

-Dates/Locations:

• Sept. 12-MaynardMaynard Event Center321 Mabel St. (view map) (Link to: http://goo.g//maps/4GgB)

Maynard, MN 56260(320) 367-2140

• Sept. 13-WindomCommunity Center1750 Cottonwood Lake Dr. (view map) (Link to: http.l/goo.g//maps/kjS6)

Windom, MN 56101(507) 831-6149

• Sept. 19-ThiefRiver FallsAmerican Legion324 Brooks Ave. N. (view map) (Link to: http://goo.g//maps/nQaL)

Thief River Falls, MN 56701(218) 681-1341

• Sept. 20-PerhamMulligan's Pub & Eatery / Perham Lakeside Golf Club2727 450th St. (view map) (Link to: http://goo.g//maps/Upvks)

Perham, MN 56573(218) 346-6073

• Oct. 3-LanesboroLanesboro Community Memorial Center202 Parkway Ave S. (view map) (Link to: http://goo.g//maps/k7jE)

Lanesboro, MN 55949Phone: (507) 467-3722

httn://wwwlmc.om/naQe/1 /2012ReQionalMeetinQs.isn 7/i 1nOl?


• Oct. 4-FaribaultThe Vintage Ballroom & Suites 1Bernie's Grill129 Central Ave. (view map) (Link ta: http://gaa.g//mapsIc5uE)

Faribault, MN 55021(507) 334-7476

• Oct. IO-Grand RapidsTimberlake Lodge144 SE 17th St. (view map) (Link/a: http://goo.g//maps/H7mO)

Grand Rapids, MN 55744(218) 326-2600

• Oct. II-Sauk RapidsSauk Rapids VFW Post #6992901 North Benton Dr. (view map) (Link ta: http://goo.g//maps/i67q)

Sauk Rapids, MN 56379(320) 252-3617

• Nov. 14~Minneapolis (metro meeting)Ramada Plaza Minneapolis1330 Industrial Blvd. N.E. (view map)(Linkto: http://gaa.g//maps/2mYM)

Minneapolis, MN 55413(612) 331-1900

Your LMC Resource

Contact Jamie OxleyTraining Program Assistant(651) 281-1250 or (800) 925-1122 [email protected] (Link to: mail/o.jox/ey@/mc.org)

Page 2 of2

Copyright ©2012 League of Minnesota Cities, 145 University Ave. W, Saint Paul, MN 55103-20441 Phone: (651) 281-1200 IToll-Free: (800) 925-1122

qOhttp://www.Imc.org/pagell /2012RegionalMeetings.jSp 7/31/2012

Mediac0m2tfte power to simplify

Via Certified Mail

July 26,2012

Dear Paynesville Community Official,

Bill JensenRegional Vice President

This letter is to inform you on or about September 1,2012, Mediacom will be implementingthe following video rate adjustments: I

• Family Cable will increase by $2.00• Star Packages, where available, will increase by $3.00

While we are always reluctarIt to raise video prices due to highly competitive markets weserve, the rapidly rising wholesale cost of television content is forcing our retail video priceshigher and higher. The reality is cable and satellite companies are constantly being pressuredby programmers we buy from to pay more for the channels we carry. If a cable or satellitecompany dares to resist a programmer's price increase, they get blacked out. Over the past fewweeks, national shutdowns involving Viacom/DirecTV and Rainbow Media/Dish Networkstripped consumers of channels like AMC, Nickelodeon, MTV and Comedy Central. But thesedisputes represent just the tip of the iceberg. Already this year, there have been 22 separatebroadcast station blackouts that have resulted in consumers in over 60 television marketsthroughout the United States losing access to channels. Hearst Broadcasting's recent blackoutof Time Warner Cable and Bright House customers is just the latest example of the onerousprice increases the programmers are trying to force upon cable and satellite companies and,ultimately, their customers.

,-. r··

\~)):~i~JUL30·2012\ ~ ~ ;1·

I-Customers currently on promotional rates will not receive this rate change until the expiration of~~,ir\~~pectiveP!~m-Q.tional.period:-r' I.-_-~--~--

\. -Me diacom C ommun ic ations CorporatiOll-_....-<e-'--------=

1504 2 nd Street SE, Waseca, Minnesota 56093E-mail: [email protected]

Page Two, Price Change NoticeJuly 26,2012

While the current regulatory climate created by Congress 20-years ago leaves us little choicebut to raise rates or lose channels, we have been working hard to reform this dysfunctionalsystem in Washington. We have repeatedly asked the Federal Communications Commission(FCC) and Members of Congress to protect our customers from programmer practices that arerendering pay television unaffordable for more and more Americans. We invite the leaders ofyour community to do the same.

I also wanted to take this opportunity to update you regarding the technical performance of thebroadband services (High Speed Internet) we provide to your community. Last week,Mediacom was recognized in an FCC study as one of only five of the nation's largestInternet service providers to routinely meet or exceed advertised residential broadbandspeeds (http://www.fcc.gov/measuring-broadband-america/2012/iuly). These accoladeswould not be possible without constant attention to and reinvestment in our fiber opticnetwork. The investments required to maintain our fiber optic network, in terms of personnel,planning and capital, are significant. In addition to making the video price changes identifiedabove, we will also be adjusting the rates for Mediacom Online Intro, Online2 and Online Maxby $2.00, $4.00 and $5.00 respectively.

In closing, I want to express how much Mediacom appreciates the opportunity to continue toserve your community's telecommunications needs. If you have any questions regarding theseprice changes, please contact me directly 507-837-4860.

Sincerely,

~~,~Bill ensen

2-1n conjunction with this price change, Mediacom is increasing the download speed for many Online customers by 25% from 12 Mbps up to

15 Mbps.

Pretreatment Pond18799 Co. Rd. 33

0584-939-113Pmt Date Dollars

1/27/2012 $ 7,672.39

2/22/2012 $ 3,892.13

3/23/2012 $ 6,130.57

4/24/2012 $ 6,233.755/23/2012 $ 5,654.55

6/27/2012 $ 5,453.05

7/24/2012 $ 6,249.88

Well Pump 3316 E Railroad St.


1/27/2012 $ 315.75

2/22/2012 $ 223.333/23/2012 $ 94.93

4/24/2012 $ 267.90

5/23/2012 $ 265.86

6/27/2012 $ 247.21

7/24/2012 $ 369.93

City Well 5 & 6315 Maywood Ave.


1/27/2012 $ 479.55

2/22/2012 $ 271.27

3/23/2012 $ 407.78

4/24/2012 $ 412.075/23/2012 $ 449.01

6/27/2012 $ 448.90

7/24/2012 $ 551.35

Filtration Plant271 Ampe Dr.2081-239-305

Pmt Date Dollars1/27/2012 $ 1,922.69

2/22/2012 $ 1,496.713/23/2012 $ 1,592.25

4/24/2012 $ 1,357.95

5/23/2012 $ 1,332.99

6/27/2012 $ 1,139.60

7/24/2012 $ 1,534.36

2012 average $ 5,898.05 $ 254.99 $ 431.42 $ 1,482.362011 average $ 6,253.83 $ 272.19 $ 474.31 $ 1,563.872010 average $ 5,845.58 $ 252.22 $ 445.99 $ 1,427.172009 average $ 5,674.44 $ 427.36 $ 440.68 $ 1,443.782008 average $ 5,656.98 $ 418.12 $ 437.47 $ 1,494.212007 average $ 5,419.50 $ 402.79 $ 434.68 $ 1,396.392006 average $ 5,382.20 $ 386.22 $ 361.56 $ 1,283.182005 average $ 4,681.75 $ 350.99 $ 357.69 $ 1,235.55

WellS315 St. Hwy 551257-162-423

Pmt Date Dollars1/27/2012 $ 574.36

2/22/2012 $ 356.34

3/23/2012 $ 518.614/24/2012 $ 474.99

5/23/2012 $ 483.44

6/27/2012 $ 538.75

7/24/2012 $ 628.28

Fire Hall417 Washburne Ave


1/27/2012 $ 177.91

2/22/2012 $ 106.43

3/23/2012 $ 131.844/24/2012 $ 147.33

5/23/2012 $ 131.10

6/27/2012 $ 132.73

7/24/2012 $ 172.56

City Hall221 Washburne Ave


1/27/2012 $ 645.31

2/22/2012 $ 368.02

3/23/2012 $ 524.054/24/2012 $ 598.28

5/23/2012 $ 582.39

6/27/2012 $ 586.157/24/2012 $ 822.35

Library119 Washburne Ave


1/27/2012 $ 166.322/22/2012 $ 114.12

3/23/2012 $ 143.03

4/24/2012 $ 128.04

5/23/2012 $ 138.486/27/2012 $ 167.47

7/24/2012 $ 264.25

$ 510.68 $ 142.84 2012 average $ 589.51 $ 160.24

$ 578.01 $ 148.80 2011 average $ 672.96 $ 140.79

$ 533.64 $ 129.02 2010 average $ 672.60 $ 151.86$ 619.16 $ 146.64 2009 average $ 484.16 $ 131.84

$ 548.13 $ 139.82 2008 average $ 740.56 $ 126.55

$ 535.92 $ 139.54 2007 average $ 696.04 $ 109.33$ 505.73 $ 124.08 2006 average $ 597.11 $ 107.22

$ 475.38 $ 125.29 2005 average $ 555.67 $ 115.35

Municipal Liquor Store600W. Hwy 231051-338-714

Pmt Date Dollars

Airport Meter1500 Airport Rd


1/27/2012 $ 439.73

2/22/2012 $ 317.16

3/23/2012 $ 363.63

4/24/2012 $ 267.535/23/2012 $ 218.15

6/27/2012 $ 146.94

7/24/2012 $ 161.13

Lift Station435 St. Hwy 550806-935-606

Pmt Date Dollars1/27/2012 $ 219.25

2/22/2012 $ 128.80

3/23/2012 $ 183.86

4/24/2012 $ 148.10

5/23/2012 $ 139.986/27/2012 $ 162.06

7/24/2012 $ 188.98

Main Lift18499 Co. Rd. 33


1/27/2012 $ 1,046.09

2/22/2012 $ 626.09

3/23/2012 $ 602.12

4/24/2012 $ 845.73

5/23/2012 $ 767.846/27/2012 $ 766.84

7/24/2012 $ 910.83

$ 273.47 $ 167.29 $ 795.08$ 463.01 $ 335.92 $ 196.68 $ 959.00

$ 510.65 $ 272.61 $ 140.25 $ 796.46$ 443.23 $ 245.72 $ 126.79 $ 806.39$ 413.48 $ 251.15 $ 98.00 $ 751.32

$ 401.89 $ 208.81 $ 87.43 $ 717.47

$ 380.07 $ 210.95 $ 100.94 $ 702.92$ 348.26 $ 212.49 $ 89.63 $ 631.00

Lift Station138 Central Ave.


1/27/2012 $ 20.18

2/22/2012 $ 19.403/23/2012 $ 20.06

4/24/2012 $ 26.95

5/23/2012 $ 20.726/27/2012 $ 15.76

7/24/2012 $ 17.11

Lift Station107 Lyndall Ave.


1/27/2012 $ 16.21

2/22/2012 $ 12.613/23/2012 $ 14.83

4/24/2012 $ 15.07

5/23/2012 $ 14.186/27/2012 $ 14.42

7/24/2012 $ 15.24

Lift Station126 Oak Park Ave.


1/27/2012 $ 15.56

2/22/2012 $ 12.85

3/23/2012 $ 14.404/24/2012 $ 14.86

5/23/2012 $ 13.78

6/27/2012 $ 13.627/24/2012 $ 14.69

West End Lift901 Minnesota St.


1/27/2012 $ 41.35

2/22/2012 $ 26.74

3/23/2012 $ 38.394/24/2012 $ 31.26

5/23/2012 $ 29.47

6/27/2012 $ 30.68

7/24/2012 $ 33.87

2012 average $ 20.03 $ 14.65 $ 14.25 $ 33.112011 average $ 19.60 $ 16.88 $ 15.16 $ 42.322010 average $ 14.17 $ 13.46 $ 13.39 $ 40.882009 average $ 14.74 $ 13.16 $ 14.49 $ 39.122008 average $ 13.81 $ 12.75 $ 14.77 $ 33.192007 average $ 13.50 $ 12.05 $ 12.56 $ 29.892006 average $ 13.27 $ 12.46 $ 12.30 $ 30.142005 average $ 12.60 $ 14.20 $ 10.26 $ 28.75

Lift Station305 Maywood Ave.


1/27/2012 $ 107.312/22/2012 $ 22.82

3/23/2012 $ 32.30

4/24/2012 $ 29.25

5/23/2012 $ 28.76

6/27/2012 $ 26.057/24/2012 $ 29.82

Lift Station95 Grande St. N


1/27/2012 $ 16.10

2/22/2012 $ 12.53

3/23/2012 $ 15.37

4/24/2012 $ 15.495/23/2012 $ 15.10

6/27/2012 $ 15.33

7/24/2012 $ 16.20

Seas/lrrig PH-Load Profile18578 Co. Rd. 33


1/27/2012 $ 103.60

2/22/2012

3/23/2012

4/24/2012

5/23/20126/27/2012 $ 1,493.267/24/2012 $ 5,120.72

Street/Signal Lights221 Washburne Ave.


1/27/2012 $ 3,564.35

2/22/2012 $ 4,839.63

3/23/2012 $ 3,405.624/24/2012 $ 3,368.67

5/23/2012 $ 3,204.19

6/27/2012 $ 3,197.99

7/24/2012 $ 3,198.18

$ 39.47 $ 15.16 2012 average $ 2,239.19 $ 3,539.80

$ 37.91 $ 18.77 2011 average $ 2,421.56 $ 3,438.70

$ 49.22 $ 17.95 2010 average $ 1,928.16 $ 3,123.14

$ 38.37 $ 19.28 2009 average $ 1,837.82 $ 3,224.92

$ 41.15 $ 17.18 2008 average $ 1,606.21 $ 2,990.53

$ 34.13 $ 14.87 2007 average $ 1,502.33 $ 2,883.18

$ 22.63 $ 13.67 2006 average $ 1,374.20 $ 2,664.02

$ 16.20 $ 12.17 2005 average $ 1,670.33 $ 2,721.51

Signals100 E. Hoffman St.


1/27/2012 $ 229.36

2/22/2012 $ 106.40

3/23/2012 $ 134.75

4/24/2012 $ 132.675/23/2012 $ 106.57

6/27/2012 $ 98.25

7/24/2012 $ 119.50

Public Restrooms105 W. James St.


1/27/2012 $ 51.722/22/2012 $ 31.98

3/23/2012 $ 41.25

4/24/2012 $ 40.04

5/23/2012 $ 43.006/27/2012 $ 36.26

7/24/2012 $ 45.91

Nature Park200 Burr St.


1/27/2012 $ 12.64

2/22/2012 $ 8.24

3/23/2012 $ 13.324/24/2012 $ 11.05

5/23/2012 $ 13.78

6/27/2012 $ 15.427/24/2012 $ 17.05

Beach15612 Cedar Point Rd


1/27/2012 $ 11.412/22/2012 $ 0.40

3/23/2012 $ 11.91

4/24/2012 $ 10.61

5/23/2012 $ 10.096/27/2012 $ 44.94

7/24/2012 $ 86.67

$ 132.50 $ 41.45 $ 13.07 $ 25.15$ 135.01 $ 45.95 $ 17.97 $ 48.64$ 125.25 $ 40.59 $ 13.34 $ 42.60$ 143.80 $ 41.46 $ 24.03 $ 35.31$ 133.04 $ 41.06 $ 11.98 $ 27.06$ 121.07 $ 35.38 $ 11.35 $ 26.92$ 810.91 $ 32.08 $ 14.38 $ 18.94$ 134.38 $ 36.65 $ 10.98 $ 9.97

Gazebo Park Pivot 9/Pump Pivot 14,15,20 Welcome Signs115 E. Main St. 19006 Co Rd 33 20623 Co Rd 33 1405 Hwy 55 Unit Sign1877-634-422

Pmt Date Dollars PmtDate Dollars Pmt Date Dollars Pmt Date Dollars1/27/2012 $ 20.65 1/27/2012 $ 118.92 1/27/2012 $ 10.17 1/27/2012 $ 14.222/22/2012 $ 15.62 2/22/2012 $ 99.10 2/22/2012 2/22/2012 $ 12.033/23/2012 $ 19.08 3/23/2012 $ 108.36 3/23/2012 $ 8.12 3/23/2012 $ 12.474/24/2012 $ 20.79 4/24/2012 $ 106.66 4/24/2012 $ 10.49 4/24/2012 $ 11.915/23/2012 $ 19.33 5/23/2012 $ 77.73 5/23/2012 $ 18.37 5/23/2012 $ 12.636/27/2012 $ 30.60 6/27/2012 $ 79.30 6/27/2012 $ 25.92 6/27/2012 $ 12.597/24/2012 $ 35.79 7/24/2012 $ 86.44 7/24/2012 $ 125.35 7/24/2012 $ 11.70

2012 average $ 23.12 $ 96.64 $ 33.07 $ 12.512011 average $ 23.38 $ 82.03 $ 50.53 $ 12.712010 average $ 21.50 $ 166.90 $ 53.85 $ 11.74

2009 average $ 25.31 $ 323.89 $ 70.32 $ 12.312008 average $ 28.69 $ 298.92 $ 63.67 $ 11.502007 average $ 25.73 $ 294.95 $ 48.38 $ 11.132006 average $ 14.76 $ 246.58 $ 82.35 $ 10.73

2005 average $ 17.52 $ 292.72 $ 141.25 $ 9.80

Welcome Signs Irrig. Pivot #6 & #8 Ret BasinlTrans Pump Pivot #228740 Hwy 55 Unit Sign 26676 Hwy 23 Unit P6 8 19008 Co. Rd. 33 19010 Co. Rd. 33

PmtDate Dollars Pmt Date Dollars PmtDate Dollars PmtDate Dollars1/27/2012 $ 15.14 1/27/2012 $ 10.17 1/27/2012 $ 10.17 1/27/2012 $ 10.172/22/2012 $ 13.77 2/22/2012 $ 5.77 2/22/2012 $ 10.17 2/22/2012 $ 9.293/23/2012 $ 13.96 3/23/2012 $ 10.17 3/23/2012 $ 10.17 3/23/2012 $ 10.174/24/2012 $ 13.37 4/24/2012 $ 10.17 4/24/2012 $ 10.17 4/24/2012 $ 11.145/23/2012 $ 12.61 5/23/2012 $ 12.10 5/23/2012 $ 78.48 5/23/2012 $ 12.516/27/2012 $ 12.37 6/27/2012 $ 12.30 6/27/2012 $ 28.79 6/27/2012 $ 13.647/24/2012 $ 12.41 7/24/2012 $ 36.63 7/24/2012 $ 278.37 7/24/2012 $ 20.52

$ 13.38 $ 13.90 2012 average $ 60.90 $ 12.49

$ 11.51 $ 24.64 2011 average $ 9.90 $ 12.91

$ 8.85 $ 18.95 2010 average $ 9.70 $ 12.19

$ 10.51 $ 14.93 2009 average $ 16.86 $ 12.46

$ 12.43 $ 16.41 2008 average $ 32.40 $ 12.02

$ 11.18 $ 19.53 2007 average $ 55.94 $ 11.71

$ 10.65 $ 15.48 2006 average $ 49.49 $ 15.23

$ 10.00 $ 10.65 2005 average $ (2.18) $ 10.65

Pivot 3 Cold Storage Bldg Ambulance Garage Airport Hangar26678 Hwy 23 Unit P3 275 E. Railroad St. 605 Lake Ave S 1500 Airport Rd

Hangar 11-20PmtDate Dollars PmtDate Dollars Pmt Date Dollars Pmt Date Dollars

1/27/2012 $ 10.17 1/27/2012 $ 10.50 1/27/2012 $ 104.822/22/2012 $ 9.68 2/22/2012 $ 10.16 2/22/2012 $ 66.053/23/2012 $ 10.17 3/23/2012 $ 10.38 3/23/2012 $ 100.054/24/2012 $ 10.49 4/24/2012 $ 10.61 4/24/2012 $ 89.585/23/2012 $ 12.20 5/23/2012 $ 11.34 5/23/2012 $ 60.176/27/2012 $ 12.18 6/27/2012 $ 10.96 6/27/2012 $ 46.997/24/2012 $ 20.28 7/24/2012 $ 12.26 7/24/2012 $ 81.65

$ 12.17 $ 10.89 $ $ 78.47

$ 11.58 $ 12.17 $ $ 66.87$ 11.18 $ 10.51 $ $ 76.28

$ 12.25 $ 12.20 $ 188.60 $ 48.80

$ 11.94 $ 9.82 $ 452.49 $$ 13.56 $ 10.58 $ $$ 10.93 $ 9.37 $ $$ 9.04 $ 8.98 $

Irrigation Irrigation Municipal Liquor Store28150 CR 16 20421 CR 33 970WHwy 23

PmtDate Dollars PmtDate Dollars PmtDate Dollars

1/27/2012 $ 10.17 1/27/2012 $ 10.17 1/27/2012 $ 644.52

2/22/2012 $ 8.13 2/22/2012 $ 2.40 2/22/2012 $ 404.66

3/23/2012 $ 10.17 3/23/2012 $ 10.17 3/23/2012 $ 556.32

4/24/2012 $ 12.04 4/24/2012 $ 10.17 4/24/2012 $ 627.55

5/23/2012 $ 13.76 5/23/2012 $ 12.40 5/23/2012 $ 594.43

6/27/2012 $ 22.86 6/27/2012 $ 14.58 6/27/2012 $ 709.50

7/24/2012 $ 44.53 7/24/2012 $ 29.61 7/24/2012 $ 885.95

$ 17.38 $ 12.79 $ 631.85

$ 16.70 $ 35.70 $ 607.16

$ 29.63 $ 44.89

$ $$ $$ $$ $

PUBLIC NOTICECITY OF PAYNESVILLE, MINNESOTA

ANNUAL DISCLOSURE OF TAX INCREMENT DISTRICTS FOR THEYEAR ENDED DECEMBER 31, 2011

(Minnesota Statutes, Section 469.175(5)

DISTRICT

1-1

DISTRICT

1-7

DISTRICT

1-9

DISTRICT

1-10

Current Net Tax Capacity 14,884 7,574 7,616 17,214

Original Net Tax Capacity 69 67 3,512 7,144

Captured Net Tax Capacity 14,815 7,507 4,104 10,070

Principal and Interest Payments

Payable Due in 2012 0 0 0 0

Tax Increment Received in 2011 15,711 7,960 4,375 10,835

Tax increment Expended in 2011 15,666 7,143 5,250 9.493

Month 1Year First Tax Incr. Receipt 0711992 05/1996 05/2005 05/2006

Date of Required Decertification 12/31/2017 12/31/2021 12/31/2013 12/31/2014

The total increased property taxes to be paid from outsidethe district if fiscal disparities Option A applies 0 0 0 0

Additional information regarding each district may be obtained from:Renee Eckerly, City Administrator

City of Paynesville221 Washburne AvenuePaynesville, MN 56362

(320) 273-3714

Publish: Paynesville Press on August 8, 2012.

MINNESOTA· REVENUE

2013 LOCAL GOVERNMENT AID NOTICE

PAYNESVILLE CITY OFRENEE ECKERLYCLERK221 WASHBURNE AVEPAYNESVILLE, MN 56362

THE 2013 CERTIFIED LGA FOR YOUR CITY IS:

July 30, 2012

$679,593

Based on Laws of Minnesota 2012, Chapter 294, Article 1, Section 3, the following is the determination ofyour 2013 Local Government Aid (LGA). Cities with a population of 5,000 or more will automaticallyreceive aid equivalent to their 2012 Certified LGA amount. Cities with a population less than 5,000 willreceive the greater of: 1) 2012 Certified LGA; or 2) the result of the 2013 LGA formula.

1. 2012 Certified LGA:

2. 2013 LGA Formula (applicable only to cities <5,000 population):

3. Greater of 1 or 2:

4. Certified 2013 LGA (same as 3):

$679,593

$655,273

$679,593

$679,593

If you have any questions regarding this certification, contact Bill Sparks at [email protected] or at(651) 556-6095.

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LUiL

Property Tax DivisionMail Station 3345St. Paul, MN 55146-3345

Tel 651-556-6095Fax.· 651-556-3128

TTY Call 711 for Minnesota RelayAn equal opportunity employer

Documents

REGULAR CITY COUNCIL MEETING III. PRAYER BY PASTOR … Council Ag.pdf · 2012. 8. 8. · #84611-84612(Special Payroll-PTO) $ 7,882.89 $ 13,073.18 $ 3,874.19 $ 16,188.47 6/12 Liquor