MINUTES REGULAR CITY COUNCIL MEETING

MINUTES REGULAR CITY COUNCIL MEETING APRIL 23, 2018 Mayor Jeff Thompson called the meeting to order at 6:00 p.m. Council members present were Alicia LaBeau, Len Gilmore, Jean Soine, and Neil Herzberg. Others present were Renee Eckerly, City Administrator; Jennifer Welling, Administrative Assistant/Zoning Specialist; Ron Mergen, Public Works Director; Bill Spooner, City Attorney; Chuck DeWolf, Bolton & Menk, Inc.; Bill Fuchs, Andy Soine, Brad Mehlhop, Kenny Rohe, and Shawn (did not catch last name and did not sign in), and Cheryl Eblen, Press. The Pledge of Allegiance was recited. Council members gave verbal activity reports. CONSENT AGENDA Motion to approve the minutes from the following meetings: March 26, 2018 City Council, March 12, 2018 City Council, April 9, 2018 City Council, and January 22, 2018 Safety Committee. Motion to approve the following vouchers: 4/12/2018 Payroll Checks 96741-96743 $3,180.67 4/12/2018 Payroll Taxes 96491-96493 $992.08 4/12/2018 Payroll Direct Deposit $20,903.80 4/12/2018 Payroll - Fed $6,275.70 4/12/2018 Payroll - State $1,209.30 4/12/2018 Payroll - TASC $269.21 4/12/2018 Payroll - PERA $6,015.83 4/12/2018 Payroll - SELECT $298.08 4/12/2018 Payroll - Health Partners $5,490.34 4/12/2018 Payroll - AFLAC $139.41 4/12/2018 Payroll - Delta Dental $225.49 4/23/2018 Vouchers 96747-96803 $182,101.00 Total $227,100.91 Motion to approve the attendance of Ron Mergen and Lee Schleper to the MRWA Water O & M Training on May 2, 2018. Motion was made by Herzberg to approve the Consent Agenda. Seconded by Soine and unanimously carried. FIRE DEPARTMENT STORAGE SHED The Fire Department has been given the opportunity to purchase a 12x24 garage. The members of the Department would like to purchase this garage and arrange to have it moved to the Fire Department property. This building will be used to store items that are not used regularly such as: training supplies, snowmobile (in the off season), jon boat, and tables. The shed that is there now is infested with mice and is not a secure place for storage. It would be demolished. This location would meet all setbacks and still allow convenient use of the

building. The members of the Department would like to use their money raised through fundraising to purchase the shed, have it moved, pour concrete, and make any necessary repairs. Costs include: Shed $1,000.00 Concrete $500.00 Moving $900.00 Moving Permit $25.00 Placement Permit $25.00 TOTAL $2,450.00 It was suggested to add $500.00 for miscellaneous repairs. It was asked how much money is in the fire department s fundraising account. Soine thought about $30,000.00. Motion was made by Herzberg to purchase the 12x24 storage shed in the amount up to $3,000.00 which will be paid from the Fire Department fundraising funds and move it onto the Fire Hall (City) property. Seconded by Soine and unanimously carried. RESIGNATION OF FIREFIGHTER Mark Guenther, Firefighter has submitted his resignation from the City of Paynesville Fire Department with his last day being April 1, 2018. Mr. Guenther has been on the Fire Department since March 9, 1995. Motion was made by Gilmore to accept resignation of Mark Guenther, Firefighter, effective April 1, 2018. Seconded by LaBeau and unanimously carried. DISBAND COMMITTEES The Ad Hoc Joint Police Force Committee was formed by Council on April 24, 2017 during the time the City was working with the City of Belgrade for Police protection. The Committee never met. The City of Belgrade has hired their own Chief of Police. The Cable Committee was formed when the City and Paynesville Township both entered into Mediacom Cable Franchise Agreements. The Township has asked to terminate the agreement and discontinue Mediacom Cable in the Township. The City has approved this effective June 30, 2018. As of July 1, 2018 there is no need for a Joint Cable Committee. Motion was made by Soine to disband the Ad Hoc Joint Police Force Committee, effective immediately. Seconded by LaBeau and unanimously carried. Motion was made by LaBeau to disband the Cable Committee effective, July 1, 2018. Seconded by Soine and unanimously carried. PURCHASE OF 800 MHZ MODEL PORTABLE RADIOS Eckerly reported that the current model of 800 MHZ radios that the City owns for Police, Emergency Services, and Fire are obsolete due to not being able to obtain parts to fix them. Eckerly would like to request the purchase two of the new style 800 MHZ radios for the Police Chief and Emergency Management Director. The quote is for two radios with encryption for

$7,018.66 from Granite Electronics. There is only one manufacturer of the radio. The new radios will work with the old obsolete radios. The obsolete radios will be used for parts as they are replaced. The money for the radios will come from Capital Improvement Funds. Motion was made by Gilmore to approve the purchase of two APX 4000 7/800 MHZ model 2 portable radios with encryption from Granite Electronics for $7,018.66. Seconded by Herzberg and unanimously carried. WASTEWATER FACILITY PLAN AMPI DeWolf reviewed the layouts of the preliminary force main route and location (former Credit Union parking lot). AMPI will be conducting an expansion and with that increasing their wastewater load. The City is looking for a location for a lift station. A proposed location would be to put it on the City s property at the intersection of Minnie St. and Lake Ave. DeWolf reviewed the preliminary engineering report. The Public Works Committee has reviewed this and recommends approval. Excerpt of minutes from the April 9, 2018 Public Works Committee meeting: A preliminary force main route was reviewed noting an 18 gravity line from AMPI to the area on the former Credit Union property (which the City now owns). A manhole and lift station are proposed to be installed at this location then a force main to run down Darby Lane across the river to the Ferche property over to Lake Ave. It would then follow Lake Ave. to Hwy 23, across Hwy 23 and follow 185th St. to County Road 33 to the existing aeration pond. At this time staff is requesting authorization to install the lift station on the former Credit Union parking lot. This would prevent the City from having to excavate part of Lake Ave. that has just been paved. Motion was made by Peschong to authorize the installation of the lift station on the former Credit Union parking lot and recommend such to the City Council. Seconded by Hemmesch and unanimously carried. Bill Fuchs asked to be on the agenda to address the Council regarding this matter. Fuchs agreed that the location made sense, but would impact his business. Fuchs presented the Council with his list of concerns: Construction time line be efficient from start to finish Property access will always be available Damaged or removed trees be replaced with same size or larger Disturbed grass be replanted with sod not grass with a minimum of 6 of black dirt All concrete must be replaced Black top surfaces must be replaced not patched on the East & North sides of property From the start of dirt work to completion a weekly Paynesville Press payment of $46.50 for the cost of a 3.6x3 ad informing the public open for business status LaBeau questioned if there were other locations for the lift station. DeWolf stated that the station must be in close proximity to the facility and there is not a lot of options. Motion was made by Gilmore to authorize the installation of a lift station on the former Credit Union parking lot (City land at the intersection of Lake Ave. and Minnie St.). Seconded by Soine and unanimously carried.

Thompson recessed the Regular City Council meeting at 6:28 p.m. Thompson re-opened the Regular City Council meeting at 6:29 p.m. INFORMATIONAL Thompson reviewed the following informational items: December 2017, January 2018 and February 2018 Investments, Liquor Revenue & Expenses, Incode Financial Reports, City Attorney Report, and Capital Improvement Breakdown Report all reports can be found on the City s website. Paynesville School Thank you Youth Mental Health First Aid Training Grant, Stearns County Environments Services Ordinance Public Hearing Notice, and May & June Meeting Schedules. Thompson recessed the Regular City Council meeting at 6:30 p.m. for the Avon Plastics Variance Public Hearing. VARIANCE PUBLIC HEARING AVON PLASTICS The City has received a 2-part Variance application from Avon Plastics, 210 Ampe Dr. to allow the expansion of an existing loading dock, which will not meet the front setback requirement of the zoning ordinance under City Code, Chapter 11, Section 11.50, Subd. 5A, and the improvements to the property already exceed the lot coverage maximum of 50% provided by City Code, Chapter 11, Section 11.50, Subd. 5D, and this addition will cause the property to further exceed that lot coverage maximum. Avon Plastics, Inc., is the owner of the property in question located at 210 Ampe Drive, Paynesville, MN 56362. The property is identified as containing two (2) parcels, parcel number one being Tax Parcel No. 70.39242.0060, and parcel two being Tax Parcel No. 70.39242.0042, which parcels are legally described as follows: Parcel 1: That part of Lot 2, Block 4, Pay-Del-Co, Stearns County, Minnesota, that lies Westerly of the following described line: Commencing at the Northeast corner of said Lot 2; thence West along the North line of said Lot 2 a distance of 58.88 feet to the actual point of beginning of the line to be described; thence South deflecting left 100 10 43, a distance of 301.91 feet to the South line of said Lot 2 and said line there terminating. Parcel 2: Lot 3, Block 4, Pay-Del-Co, Stearns County, Minnesota. Avon Plastics, Inc., is also the owner of two (2) other parcels of land, Tax Parcel No. 70.39242.0040, having a legal description as follows: Lot 1, Block 4, Pay-Del-Co, Stearns County, Minnesota; and Tax Parcel No. 70.39242.0041, having a legal description as follows: That part of Lot 2, Block 4, Pay-Del-Co, Stearns County, Minnesota, that lies Westerly of the following described line: Commencing at the Northeast corner of said Lot 2; thence West along the North line of said Lot 2 a distance of 58.88 feet to the actual point of beginning of the line to be described; thence South, deflecting left 100 10 43, a distance of 301.91 feet to the South line of Lot 2, and of said line there terminating. The existing configuration of the loading dock located on Parcels 1 and 2 described above, has a portion of trucks using that loading dock and blocking the street known as Ampe Drive. Avon Plastics, Inc. wishes to re-configure the loading dock area to allow more semis access to the loading dock area without blocking the public road. The proposed re-configuration would extend the loading dock to the road right-of-way, thereby requiring a Variance of 25 feet from

the 25 foot front setback requirement of City Code, Chapter 11, Section 11.50, Subd. 5A, so as to allow a zero front setback from the road right-of-way. City Code, Chapter 11, Section 11.50, Subd. 5D, provides that the maximum lot coverage shall not exceed 50% in an I-1 Light Industrial District, and the addition of this loading dock structure would make the lot coverage on the parcels identified above come to a total of 73.8%. Avon Plastics, Inc., is the owner of a number of parcels of property which are all contiguous to one another in the Pay-Del-Co Addition, which include Parcels 70.39242.0040, 70.39242.0041, 70.39242.0060 and 70.39242.0042. A number of these lots have structures that cross lot lines if these lots were combined to a single lot then the lot coverage percentage for the lot would be 30.12%. Avon Plastics, Inc., is willing to combine these lots to a single tax parcel, but wishes to delay doing so until after second half taxes for the year 2018 are due on October 15, 2018, and is willing to enter into an agreement for the combination of these lots. The application, Report & Recommendation, Variance Determination, and a copy of the letter to be signed by Avon Plastics by April 23, 2018 to combine the lots were reviewed. Excerpt of minutes from the March 19, 2018 Planning Commission meeting: Demuth explained that the variance is necessary as he wants to stop blocking the street and to work with his neighbor Kenny Rohe. Demuth presented a new layout showing how the trucks would come into the new loading docks. Water run-off is an issue with lot coverage and Demuth reviewed how the water flows. The Public Works Committee is conducting a storm water study to alleviate the issue in this neighborhood. Demuth further mentioned that he will need more land to continue to keep expanding and he wants to be a good neighbor. Motion was made by Fuchs to approve the Report & Recommendation Of Planning Commission On Application For Variance for Avon Plastics, Inc. Seconded by Christman and unanimously carried. Mr. Rohe stated that the problem is the loading dock and Avon Plastics must keep the public street clear. They can t continue to block the street when loading and when trucks are waiting in line. At times there is up to a 40 minute wait. The small trailer needs to be moved so that trucks can maneuver better. Driver s continually use Mr. Rohe s driveway for backing up. Spooner stated that the police can write tickets for blocking the streets. Signs stating no parking could be installed. It would be best if it could be communicated that there is no parking to the truckers. It was asked if Avon Plastics got a variance for the original dock. There being no further comments or questions, Thompson close the Public hearing and reopened the Regular Council meeting at 6:58 p.m. Motion was made by LaBeau to approve an extension on the Variance through May 15, 2018 to collect more information on the street traffic on Ampe Drive and the status of the east loading dock. Seconded by Herzberg and unanimously carried. This will be put back on the May 14, 2018 City Council agenda. There being no further business, the meeting was adjourned at 7:08 p.m. Renee Eckerly, City Administrator