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cp05-22-2012 cNo Council Workshop AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MAY 22, 2012 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Shalom Baptist Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF MAY 8, 2012 Action — Motion to approve as presented 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise ave een e egated tote City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14006 — RESOLUTION AMENDING 2012 FEE SCHEDULE (CEMETERY RATES) 2. ORDINANCE NO. 12 -0687 — AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF USE OF SOUND AMPLIFICATION EQUIPMENT FOR JAYCEE WATER CARNIVAL EVENTS ON JUNE 14 & 17, 2012 3. ORDINANCE NO. 12 -0688 - AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF USE OF SOUND AMPLIFICATION EQUIPMENT FOR RELAY FOR LIFE EVENT ON AUGUST 3, 2012 (b) PLANNING COMMISSION ITEM 1. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON PARKS DEPARTMENT TO ALLOW A BAND SHELTER/STAGE STRUCTURE IN THE FLOODWAY DISTRICT LOCATED IN WEST RIVER PARK WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT FINDINGS OF FACT RESOLUTION NO. 14007 AND RESOLUTION NO. 14008) (c) CONSIDERATION FOR APPROVAL OF ISSUING CARNIVAL PERMIT TO J &K AMUSEMENTS ON JUNE 1 — 3, 2012, AT HUTCHINSON MALL (d) CONSIDERATION FOR APPROVAL OF TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT GRANTS CITY COUNCIL AGENDA — MAY 22, 2012 (e) APPOINTMENT OF COUNCIL MEMBER CHAD CZMOWSKI, CITY ADMINISTRATOR JEREMY CARTER AND MAYOR STEVE COOK AS CITY REPRESENTATIVES TO A COMMITTEE WITH HUTCHINSON UTILITIES COMMISSION REPRESENTATIVES TO DISCUSS POSSIBLE CHANGES TO THE ANNUAL TRANSFER FORMULA (I) CONSIDERATION FOR APPROVAL OF ANNUAL DAIRY DAY CELEBRATION (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (h) CONSIDERATION FOR APPROVAL OF ACCEPTING ADDITIONAL ITEMS PERTAINING TO THE HISTORICAL REGISTER DESIGNATION FOR THE HARRINGTON - MERRILL HOUSE FOR THE PUBLIC RECORD Action — Motion to approve consent agenda 8. PUBLIC HEARINGS — 6:00 P.M. - NONE 9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. A ways looking toward t e Tture, not monitoring past) (a) PRESENTATION OF HUTCHINSON AREA HEALTH CARE ANNUAL REPORT — DR. STEVEN MULDER No action. (b) DISCUSSION OF AMENDMENTS TO CITY CODE SECTION 94.45 CEMETERY — MONUMENTS AND MARKERS Action - 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF AUTHORIZING PRESALE REPORT AND PROCEEDING WITH FINAL SALE OF GENERAL OBLIGATION BONDS Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON POLICY NO. 1.13 —PETTY CASH - CITY DEPARTMENTS AND CONSIDERATION OF ABOLITION OF POLICY NO. 1.16- FARMERS MARKET Action — Motion to reject — Motion to approve (c) DISCUSSION OF CITY HUTCHINSON POLICY NO. 1.08 — BOARDS, COMMISSION AND COMMITTEES -TERMS AND CITY OF HUTCHINSON POLICY NO. 1.15 — LICENSES AND PERMITS Action — (d) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOP FOR JUNE 26, 2012, AT 4:00 P.M. (RIVER PRESERVATION AND WATERSHED DISTRICT DISCUSSION Action — Motion to reject — Motion to approve 12. GOVERNANCE (Purpose: to assesspast organizationalperformance, developpolicy thatguides the organization and 2 CITY COUNCIL AGENDA — MAY 22, 2012 Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) CITY COUNCIL / HUTCHINSON UTILITIES COMMISSION JOINT MEETING MINUTES FROM MAY 2, 2012 (b) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 17, 2012 (c) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2012 (d) PLANNING COMMISSION MINUTES FROM SPECIAL MEETING OF MAY 1, 2012 (e) JOINT PLANNING BOARD MINUTES FROM APRIL 18, 2012 (I) CITY OF HUTCHINSON FINANCIAL REPORTS FOR APRIL 2012 (g) CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2012 13. MISCELLANEOUS 14. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MAY S, 2012 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called t e meeting to order. Members present were Mary Christensen, Chad Czmowski, Bill Arndt and Eric Yost. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Adam Krumrie, Shalom Baptist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY ARBOR DAY PROCLAMATION 2012 Motion by Yost, second by Cook, to proclaim May 24, 2012, as Arbor Day. Motion carried unanimously. Council Member Christensen noted that Maria Jacobs, Public Library employee, was awarded top honors for a video she produced on the Library. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF APRIL 24, 2012 (b) BID OPENING MINUTES FROM APRIL 26, 2012 (PAVEMENT MANAGEMENT PROJECT PHASE 1) Motion by Christensen, second by Czmowski, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise ave een e egate tat e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14003 - TRAFFIC CONTROL RESOLUTION REGARDING ONE -WAY RESTRICTION ON 1 sT AVENUE SW (GLEN STREET SW TO FRANKLIN STREET SW) (b) PLANNING COMMISSION ITEMS I. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF A SATELLITE DISH SIX FEET IN DIAMETER ON THE WATER TOWER LOCATED AT 2 CENTURY AVENUE SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT FINDINGS OF FACT RESOLUTION NO. 13990 AND RESOLUTION NO. 1399 1) 2. CONSIDERATION OF INTERIM USE PERMIT REQUESTED BY HUTCHINSON AREA HEALTH CARE TO ALLOW PLACEMENT OF A TEMPORARY MODULAR BUILDING TO SERVE AS A CONFERENCE ROOM TO SUPPORT SPACE NEEDS FOR MEDICAL RECORDS TRAINING FOR STAFF AT 3 CENTURY AVENUE SE WITH FAVORABLE (.t ta-) CITY COUNCIL MINUTES — MAY 8, 2012 PLANNING COMMISSION RECOMMENDATION (ADOPT FINDINGS OF FACT RESOLUTION NO. 14004 AND RESOLUTION NO. 14005) (c) APPOINTMENT OF DON SCHROEDER TO SENIOR ADVISORY BOARD TO JANUARY 2013 (LOUISE JESSEN'S UNEXPIRED TERM) (d) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO PHILLIP WESTBY OF THE COUNTRY STOP TO OPERATE A FRESH PRODUCE STAND AT 945 HWY 15 SOUTH (e) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 70` ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 11 — 17, 2012 (f) CONSIDERATION FOR APPROVAL OF MASTER AGREEMENT FOR PROFESSIONAL SERVICES — AIRPORT PLANNING, ENGINEERING AND CONSTRUCTION SERVICES WITH BOLTON & MENK, INC. (g) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2012 PAVEMENT MANAGEMENT PROGRAM PHASE I PROJECT (LETTING NO. 3, PROJECT NO. 12 -04) (h) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH MEEKER COUNTY FOR BACKUP BUILDING INSPECTION SERVICES (i) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO AMERICAN LEGION POST 96 ON MAY 28, 2012 (j) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO VOITURE 414 FOR NOVEMBER 20, 2012 AT AMERICAN LEGION POST 96 (k) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO ROBERT SAUTER TO OPERATE A SHAVED ICE STAND IN THE PARKING LOT OF 1200 HWY 15 SOUTH (SHAMROCK INN) (1) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 7(a) 1, 7(e), 7(f), and 7(k) were pulled for separate discussion. Motion by Arndt, second by Christensen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(a)1 had further discussion. Council Member Christensen asked the reasoning for the one -way street. Chief Dan Flatten noted that the main reason for the one -way on 1' Avenue SW eastbound is to increase safety for the children in front of Park Elementary. The School District agrees with the one -way direction. Angled parking will be included on the one -way street. This will be implemented after the school year is completed. Motion by Christensen, second by Arndt, to approve Item 7(a)l. Motion carried unanimously. Item 7(e) had further discussion. Jeremy Carter, City Administrator, presented before the Council. Mr. Carter noted that Commodore Nick Nelson has requested that the music being played on June 14, June 15 and June 16 be allowed to be played until 11:00 p.m. as opposed to 10:00 p.m. as originally requested. Motion by Arndt, second by Yost, to approve Item 7(e) along with the music being allowed to play until 11:00 p.m. Motion carried unanimously. Item 7(f) had further discussion. Council Member Yost questioned language in Section 2(c) — "client will 2 � �� CITY COUNCIL MINUTES — MAY 8, 2012 guarantee access to... entry upon both public and private portion of the project and pertinent adjoining properties ". John Olson, Public Works Manager, clarified that this project may encroach on private property and therefore easements would be needed for activity to take place. Motion by Yost, second by Christensen, to approve Item 7(f). Motion carried unanimously. Item 7(k) had further discussion. Council Member Yost noted that the applicant had indicated on his application that he had no misdemeanor convictions, however the Police Chief advised that the applicant has several misdemeanor convictions. Marc Sebora, City Attorney, explained that a background investigation was completed to determine moral character and that investigation revealed a misdemeanor conviction. Mr. Sebora had spoken to the applicant earlier in the day but he was unable to attend the meeting tonight. Mr. Sebora mentioned that the Council could table this item to the next meeting to allow the applicant an opportunity to answer any questions the Council may have. Motion by Czmowski, second by Yost, to deny issuing a transient merchant license to Robert Sauter. Mayor Cook suggested that if the applicant would like to reapply, perhaps he should wait until next year. Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) ASSESSMENT HEARING AND PROJECT AWARD FOR 5 TH AVENUE NW IMPROVEMENTS PROJECT (LETTING NO. 1, PROJECT NO. 12 -01) Kent Exner, CityEngineer, presented before the Council. Mr. Exner explained that the low bid came in from Hjerpe Contracting Inc. in the amount of $1,427,549.52. This project includes improvements to 5 Avenue NW from Kouwe Street NW to Trunk Hwy 15. The final assessment roll is approximately $380,000. One assessment was reduced after discussion with the property owner. Mr. Exner spoke of the deferred assessment policy. All property owners are aware of their assessment amount. Discussion was held regarding some specifics of the project. Motion by Arndt, second by Yost, to close public hearing. Motion carried unanimously. Mr. Exner noted that the contracts will be formalized with the contractor. The project will begin soon, however the road cannot be opened until school is out for the summer. Motion by Czmowski, second by Yost, to adopt assessment roll, accept bids and award the project to Hjerpe Contracting Inc. Motion carried unanimously. (b) 2012 STREET SEALCOATING PROJECT (LETTING NO. 4, PROJECT NO. 12 -05) — ORDERING PREPARATION OF PROPOSED ASSESSMENT AND NOTICE OF HEARING IN PROPOSED ASSESSMENT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff has developed a sealcoating project to occur every other year. By having a project every other year, projects are bid in a more efficient manner. The project is estimated to cost approximately $287,000 and includes several streets throughout the city. Bonding dollars are proposed to be used for the project, however alternative funding will be considered. There will be no assessments charged on this project. Motion by Arndt, second by Christensen, to close public hearing. Motion carried unanimously. Mr. Exner explained that the project timeline is slated to occur between the Water Carnival and the County Fair. Council Member Arndt asked about excess aggregate. Mr. Exner noted that it will be monitored and stressed to the contractor to pick up as much excess aggregate as possible to limit tracking. Motion by Arndt, second by Czmowski, to approve 2012 street sealcoating project. Motion carried unanimously. 9. COMMUNICATIONS, REQUESTS AND PETITIONS (Purpose: to provide Council with information t, 6-) CITY COUNCIL MINUTES —MAY 8, 2012 necessary to craft wise policy. Always looking toward the future, not monitoring past) (a) CONSIDERATION FOR APPROVAL OF LIFTING NOISE RESTRICTIONS AS REGULATED BY HUTCHINSON CITY CODE SECTION 92.18(V)(1)(D) FOR RELAY OF LIFE EVENT BEING HELD AUGUST 3, 2012, AT WEST RIVER PARK Mayor Cook explained that the Relay for Life event committee would like to have a band play music until 12:00 midnight. Therefore, noise restrictions would need to be lifted from the 10:00 p.m. time limits. Arlene Schwarz, Relay for Life, presented before the Council. Ms. Schwarz explained that the Relay for Life organizers would like to have a band play from 9:00 p.m. — 12:00 a.m. as part of their festivities. Motion by Christensen, second by Arndt, to approve lifting noise restrictions for Relay for Life Event on August 3, 2012, to 12:00 midnight. Motion carried unanimously. Discussion was held regarding the back drop to the stage that is in place at West River Park. A conditional use permit will be before the Planning Commission at next week's meeting. (b) DISCUSSION OF UPDATING 2002 DOWNTOWN PLAN Mayor Cook noted that this subject has come about from discussions held with various groups regarding river improvements, park improvements, arts, etc. With a plan being conducted in a more comprehensive manner, many projects can be planned for and addressed. Different consultants may be able to help with this, one being the consultant that completed the Downtown Plan from 2002. Partnerships will be researched to investigate sharing the costs of such a study. Dan Jochum, Planning Director, presented the main reasons for updating the plan, such as the age of the current plan and the amount of downtown activity that is currently occurring. The Council consented to continue looking into this project and a formal proposal will be brought back at a future meeting for formal Council action. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF PROCEEDING WITH NATIONAL REGISTER DESIGNATION PROCESS FOR THE HARRINGTON - MERRILL HOUSE LOCATED AT 225 WASHINGTON AVENUE WEST Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the Harrington - Merrill House is being considered by the State Review Board on May 22, 2012, for consideration of placing it on the National Register. As part of the Memorandum of Understanding that was entered into between the City and Historic Hutchinson, the City must approve any historic designations that may be considered. Mayor Cook explained that there are no restrictions placed on properties that are on the National Register. Motion by Czmowski, second by Arndt, to approve proceeding with National Register designation for the Harrington - Merrill House. Jim Fahey, Historic Hutchinson, explained that the Harrington - Merrill House has been working towards a National Register designation for eight years. With such a designation, more funds are available for continuous improvements. Mayor Cook asked that staff prepare a letter that can be sent on behalf of the Council to go along with the application. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON POLICIES: 1.02 — AGENDA -CITY COUNCIL; 1.07 — BOARDS, COMMISSIONS AND COMMITTEES - APPOINTMENTS; 1.10 — BOARDS- MEETING SCHEDULE FOR CALENDAR; AND 1.14 — CASH -CITY DEPARTMENTS) Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained the policies being considered. Policy 1.02 notates the deadlines for submitting Council agenda items to Administration in order to prepare the Council packet. Policy 1.07 speaks to appointments to boards, commissions and committees and the City advertising for open appointments. Policy 1.10 covers the board meetings on the 4 (,(P—) CITY COUNCIL MINUTES — MAY 8, 2012 City calendar. Council Member Czmowski asked that the Downtown Association be added to the policy and on the city calendar. Policy 1.14 speaks to how cash is handled in city departments. Motion by Czmowski, second by Arndt, to approve City of Hutchinson Policies 1.02, 1.07, 1.10 and 1.14. Motion carried unanimously. 12. GOVERNANCE (Purpose.' to assess past organizational performance, develop policy that guides the organization and ouncie the logistics of the Council. May include monitoring reports, policy development and governance process items) (a) PUBLIC LIBRARY BOARD MINUTES FROM MARCH 26, 2012 (b) HUTCHINSON UTILITIES COMMISSION MINUTES FROM MARCH 28, 2012 (c) PLANNING COMMISSION MINUTES FROM APRIL 17, 2012 (d) FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2012 13. MISCELLANEOUS Jeremy Carter — Biodegradable bag pick up will be held June 2, 4, 5 and 6 and the McLeod County Fairgrounds. Information will becoming forth in residents' utility bills and other advertising mechanisms. Refinancing for City bonds is looking favorable and may be before the Council at the May 22, 2012, City Council meeting. Candidate filings for Council seats will open May 22 for those interested in running for City Council. Open seats include Mayor, Seat 3 (Yost) and Seat 4 ( Czmowski). Kent Exner — Mr. Exner thanked residents for completing the transportation survey. Approximately 700 were returned. Results from the survey will be incorporated into the transportation plan update. Hwy 15 South roundabout project — project is moving along, public meeting mid -late Summer. Hwy 15 retaining wall project— plans are with Mn/DOT's central office being reviewed. City staff will be putting specification manual together. During the month of June the project will be bid and awarded. Edmonton Avenue — manhole adjustments being made. School Road — Wm Mueller & Sons should be laying final layer of overlay by the project completion date of August 1, however will more than likely happen before then. Mayor Cook — Steve Mulder, Hutchinson Area Health Care CEO, will be providing annual update at the May 22, 2012, Council meeting. At the June 12, 2012, Council meeting there will be a presentation about the proposed changes to the City's lease with HAHC as part of HHC's integration with HMC. This will need to be done by ordinance. Mayor Cook suggested holding a town hall meeting to address any questions citizens may have about the changes to the lease. The fountain in river should be operating before Memorial Day. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 7:00 p.m. Motion carried unanimously. b—) CITY OF HUTCHINSON RESOLUTION NO. 14006 AMENDING 2012 FEE SCHEDULE WHEREAS, the City of Hutchinson is empowered by previously passed ordinances to impose fees for services, and WHEREAS, based upon the recommendation of costs for providing the services for various city departments NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OF HUTCHINSON, MINNESOTA THAT THE FOLLOWING FEE SCHEDULES ARE ADOPTED AND THAT THESE FEE SCHEDULES REPLACE ANY FEE SCHEDULES PREVIOUSLY APPROVED BY THE HUTCHINSON CITY COUNCIL. 2012 Public Works Fee Schedule (Cemetery) Fee Schedule attached Adopted by the City Council this 22nd day of May 2012 Steve W. Cook Mayor ATTESTED: Jeremy J. Carter City Administrator 96-) 1 Oakland Cemetery. City of Hutchinson Public Works 1400 Adams St SE, Hutchinson, MN 55350 Phone 320 - 234 -4455 / Fax 320 - 234 -5644 www.ci.hutchinson.mn.us May 22, 2012 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager Subject: Cemetery Fees An error was made in my final review of the 2012 Cemetery fee schedule prior to its adoption. It has been past practice to round fees off to even $5 or $10 amounts, which was not completed prior to the 2012 fee schedule being adopted. Instead, the fees were submitted with proposed percentage increases (prior to rounding). Funeral service providers are requesting the fee schedule be amended to include the rounded amounts. Staff recommends amending the Cemetery fee schedule. The intent is to make the rounding adjustments that were originally intended to be included in the 2012 adopted fee schedule. The fee adjustments are not material. Attached are proposed corrections to the 2012 Cemetery fee schedule. 9 tq � 9 62)1 Current Adopted %of Corrected %of Last Fee Type Notes Fee Fee increase fee increase Increase Cemetery Flush marker grave space $ 725.00 $ 749.00 3.3% $ 750.00 3.4% 2011 Upright memorial grave space 950.00 981.00 3.3% 980.00 3.2% 2011 Second right of interment 400.00 413.00 3.3% 410.00 2.5% 2011 Baby section grave space 130.00 134.00 3.1% 135.00 3.8% 2011 Flush marker cremation grave space 400.00 413.00 3.3% 410.00 2.5% 2011 Upright memorial cremation grave space 950.00 981.00 3.3% 980.00 3.2% 2011 400.00 413.00 3.3% 410.00 2.5% 2011 Cremation grave space Columbarium Niches Unit G (upper three rows) 1,400.00 1,446.00 3.3% 1,450.00 3.6% 2011 Unit G(lower two rows) 1,250.00 1,292.00 3.4% 1,295.00 3.6% 2011 Unit E (upper three rows) 1,600.00 1,653.00 3.3% 1,650.00 3.1% 2011 Unit E flower two rows) 1,250.00 1,292.00 3.4% 1,295.00 3.6% 2011 Replacement bronze plaque 350.00 362.00 3.4% 360.00 2.9% 2011 Affidavit of ownership Claim of ownership by decent 75.00 77.50 3.3% 80.00 6.7% 2011 of title Weekday interment 725.00 749.00 3.3% 750.00 3.4% 2011 Weekend /Holiday interment 950.00 981.00 3.3% 980.00 3.2% 2011 Winter weekday interment 850.00 878.00 3.3% 880.00 3.5% 2011 Winter weekend /holiday interment 1,050.00 1,085.00 3.3% 1,085.00 3.3% 2011 Weekday baby interment 275.00 284.00 3.3% 285.00 3.6% 2011 Weekend /Holiday baby interment 500.00 517.00 3.4% 515.00 3.0% 2011 Winter weekday baby interment 550.00 569.00 3.5% 570.00 3.6% 2011 Winter weekend /holiday baby interment 600.00 620.00 3.3% 620.00 3.3% 2011 Weekday cremation interment 350.00 362.00 3.4% 360.00 2.9% 2011 Weekend /Holiday cremation interment 550.00 568.00 3.3% 570.00 3.6% 2011 Winter weekday cremation interment 450.00 465.00 3.3% 465.00 3.3% 2011 Winter weekend /holiday cremation interment 650.00 671.00 3.2% 670.00 3.1% 2011 Vaulted cremains (additional charge) 225.00 232.00 3.1% 230.00 2.2% 2011 Late charges Funerals arrive after 4pm 200.00 207.00 3.5% 205.00 2.5% 2011 Disinterment 1,500.00 1,550.00 3.3% 1,550.00 3.3% 2011 Holding vault fee 125.00 129.00 3.2% 130.00 4.0% 2011 Stone setting permit 75.00 77.50 3.3% 80.00 6.7% 2011 Cemetery deed transfer 15.00 15.00 0.0% 15.00 0.0% Set by Statute Chapel rental Per %day 250.00 258.00 3.2% 260.00 4.0% 2011 Chapel lease Varies Varies Varies Memorial Bench Program Single bronze plaque 500.00 517.00 3.4% 520.00 4.0% 2011 Memorial Bench Program Double bronze plaque 700.00 723.00 3.3% 725.00 3.6% 2011 Memorial Bench Program Engraved name /date per 250.00 258.00 3.2% 260.00 4.0% 2011 space Commemorative Bench Program No memorial on bench; 2,300.00 2,376.00 3.3% 2,375.00 3.3% 2011 placed by cemetery Commemorative Bench Program Recording fee $ 75.00 $ 77.50 3.3% $ 80.00 6.7% 2011 9 62)1 ORDINANCE NO. 12 -0687 AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF USE OF SOUND AMPLIFICATION EQUIPMENT Findings of the City Council: That the Hutchinson Jaycees are hosting the 70` annual Water Carnival event from June 11 — June 17, 2012. That part of the schedule of events for the Jaycee Water Carnival includes outdoor concerts being held at Riverside Park on June 14, 2012, and June 19, 2012 until 11:00 p.m. That sound amplification equipment is used as part of these concerts. That pursuant to Hutchinson City Code §92.18 V(1)(d) this equipment may only be used until 10:00 p.m. Therefore, the Council of the City of Hutchinson does hereby ordain that Hutchinson City Code §92.18 or any other City ordinance pertaining to noise shall not be enforced until 11:00 p.m. for the outdoor concerts being held on June 14, 2012, and June 17, 2012, at Riverside Park as part of the 70 Annual Jaycee Water Carnival celebrations. Adopted by the City Council this 12` day of June, 2012. Attest: Jeremy J. Carter, City Administrator Steven W. Cook, Mayor [I];19RE10(s) DK[expaIZf:I3 AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF USE OF SOUND AMPLIFICATION EQUIPMENT Findings of the City Council: That the 19 annual McLeod County Relay for Life event is being held on August 3, 2012, at West River Park. That part of the schedule of events for the Relay for Life event includes an outdoor concert being held at West River Park until 12:00 a.m. That sound amplification equipment is used as part of this conemt. That pursuant to Hutchinson City Code §92.18 V(I)(d) this equipment may only be used until 10:00 p.m. Therefore, the Council of the City of Hutchinson does hereby ordain that Hutchinson City Code §92.18 or any other City ordinance pertaining to noise shall not be enforced until 12:00 a.m. for the outdoor concert being held on August 3, 2012, at West River Park as part of the 19 Annual McLeod County Relay for Life event. Adopted by the City Council this 12 day of June, 2012. Attest: Jeremy J. Carter, City Administrator Steven W. Cook, Mayor 9 "x i ii N !W 0 1 E SO !'AWJLW-- 61 N R V 0 N LTJ DATE: FROM: susJECT: Backaraund INNEENNEEN May 16, 2012, for the Ma 22, 2012, Cit Councif Meetin Hutchinson Cit Council Dan Jochum, Planning Director Considers #ion cif a Condi #lanai lJ se fermi# requested by the City of Hutchinson P Department to allow constructio n of a be nd shelter/stage structure 'I n the floodwa d'Ist ri ct I o c ated i n West River Park The Cit of Hutchinson Parks departent rn is re a conditional use permit to allow a covered 16 stage/structure min the flaodway distr at Wes�t R'iver Park.. They propose to add a canvas roof t�o the current Sta 9 e.16 9 s A sts e was *instal led ai ihis location in 2 At that time -the taae was n o t considered , a stricture but rather an appurtenance, similar to a picnic table ar park bench that could be moved if need be., Because a roof structure is bein added to the stage the structure is more permanent in nature, meanin a, Cvndi €ional Use Permit for a Structure in the floodwa is necessary. I t shou also be noted that this structure is ri on the edge of the floodwa and it 'i's dicult i' to tell for sure whether 'l�'t is in the flaadwa ar not. To be on the safe ,side C ity Staff recommend that a Conditional Use Permit be applied for. Additional information is contained in tine attached staff report and attachments. City Council Memo May 15, 2012 West River Park Band Shelter Page 2 Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their May 15' meeting. Recommendation: The Planning Commission recommended approval of the request with the following recommendations: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. Ensure that structure is constructed in a manner that allows water to flow underneath and over the stage in the event of a flood. 3. A Structural Engineer shall review and sign the construction plans and ensure they are adequate to support the roof structure and support system. Requested Action: Approval of the following: 1. Approval of the Conditional Use Permit to construct a band shelter /stage in the floodway at West River Park. 9Q To: Hutchinson i'lannin Comrnissi B ra d D ol f M From 0011, Dave Hunstac� Miles , Seppelt, Aaron Othoudt, Jean Ward, Jud. Flemmin Jolim Webster J01in Olson., Le-nn Rutled Kent Exner John Paulson M arc Sebora, Jerem Carter, Dan H Dick Na Dan Jochum and Bonnie Baumetz [Persons in attendance at P S #affMeeting (in bo D atc: Ma 7 2 12 Ma 12 0 for 15� AWO-A-1, Plannin Cemrnission Meetin I Ap��li�at�nn: CUNDITFDNEIL USE PERMIT REQUESTED SY TH CITY OFHUTCHIN TO ALLOW A C'QVFRFTI STAGEISTRCTCTLIRE I1tiT THE FLQODVUAY T}ISTRICT LOCATED IN WEST RIVER PARK 7 T)II,- � OF IH[UTCMNSON PARKS DEPARTMENT Appl-IcL I - CONDITIONAL USE PERMTT — 1 . The C o H 'arks d im s re q u e St i n a cond i ti onal u se penn I t to a I low�� a c-overed d ' sta re in t h e fl oo d �,NIII! d i st r T et at VVcst R i ver Park. T he propo se to add a c a n va s ro o f to th e MI current sta A sta was ImnLstca-Iled at this location min 201 At that time th e sta , n o t a structure, but ralhGr an appurtenance, similar to a picni`c. table or park- bench that could be moved if need 0 be. Because a roof structure 'is beimng added to the stage tine structure i p s more pe anent in nature Meanin a Cond'iti"onal Use Permit for a Structure in the floodwa is ne�cessar It sliould also be noted �p 0 i s IF i s that th i s structure 1 ri on the ed of t h e fl c od wa a- n d 'it d to te for sure whether i t in th e flood way or not To b e on the s afe s i'de C 'I'ty Staff reco m me nd that a C o n d'it *i o na I U s e Pe r M- It be ap Conditional Use Permit West River Park — Band Shelter Planning Commission — 5 -15-12 Page 2 GENERAL INFORMATION Existing Zoning: R -1 and Floodway Property Location: West River Park Lot Size: 6.5 acres Existing Land Use: Park Adjacent Land Use And Zoning: Park Comprehensive Land Use Plan: Public Zoning History: The park shelter with bathrooms was constructed in 1975, with updates in 2005 and 2009. The stage was constructed in 2011. Applicable Regulations: Section 154.088, Floodway District Analysis and Recommendation: Staff believes that the proposed application is an appropriate use for this zoning district. Approval of a conditional use permit (CUP) is required in order to allow a covered stage /structure in the flood way district at West River Park. A CUP shall be granted only if evidence is presented to establish the following: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Staff finds that the request would meet the requirements of granting a conditional use permit (Section 154.088) and recommends approval subject to the findings and conditions listed in the draft Resolution, including these specific conditions: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. Ensure that structure is constructed in a manner that allows water to flow underneath and over the stage in the event of a flood. 3. A Structural Engineer shall review and sign the construction plans and ensure they are adequate to support the roof structure and support system. N 9 M K N E W 7ENSOC ARCHITE „z, $27n R/15NINOEONUTCNTE!,N�'; cc F- z , w m , q ( i ) 1 N I A ' �)Q� CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14007 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON PARKS DEPARTMENT TO ALLOW A BAND SHELTER/STAGE STRUCTURE IN THE FLOODWAY DISTRICT LOCATED IN WEST RIVER PARK FACTS 1. City of Hutchinson Parks Department, applicant, has submitted a request to allow construction of a band shelter /stage in the floodway at West River Park ; and, 2. The proposed property is legally described as: NE 1/4 NW1 /4 North of Crow River, Except RR 6.38 acres (West River Park) The City of Hutchinson Parks department is requesting a conditional use permit to allow a band shelter /stage structure in the floodway at West River Park. They propose to add a canvas roof to the current moveable stage. Zoning ordinance considers the band shelter /stage a structure rather than an appurtenance similar to a picnic table or park bench that would not require a conditional use permit. 4. The Planning Commission met at a special meeting on May 15, 2012, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the conditional use permit request with the following recommendations: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. Ensure that structure is constructed in a manner that allows water to flow underneath and over the stage in the event of a flood. c. A Structural Engineer shall review and sign the construction plans and ensure they are adequate to support the roof structure and support system. 5. The City Council of the City of Hutchinson reviewed the request at its meeting on May 22, 2012, and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of a conditional use permit to allow construction of a band shelter /stage in the floodway at West River Park. APPLICABLE LAW 6. The conditional use permit request meets the standards of Section 154.088, City Code. CONCLUSIONS OF THE LAW 7. The requested conditional use permit is consistent with Minnesota Statute. (-)6>> Findings of Fact — Resolution # 14007 Conditional use permit West River Park— Band shelter /stage May 1, 2012 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a conditional use permit to City of Hutchinson Parks department for construction of a band shelter /stage in the floodway be approved. Adopted by the City Council this 22n day of May, 2012. TTEST: Jeremy J. Carter City Administrator Steven W. Cook Mayor RESOLUTION NO. 14008 RESOLUTION APPROVING CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON PARKS DEPARTMENT TO ALLOW A BAND SHELTER/STAGE STRUCTURE IN THE FLOODWAY DISTRICT LOCATED IN WEST RIVER PARK Whereas, City of Hutchinson Parks Department, applicant, is requesting approval of a conditional use permit to allow construction of a band shelter /stage in the floodway district located in West River Park with the following legal description: Description of property: NE 1/4 NW I/4 North of Crow River, Except RR 6.38 acres (West River Park) Whereas, the Planning Commission met on May 15, 2012, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the conditional use permit with the following recommendations: 1. The standards for granting an interim use permit would be met, subject to the conditions stated. 2. Ensure that structure is constructed in a manner that allows water to flow underneath and over the stage in the event of a flood. 3. A Structural Engineer shall review and sign the construction plans and ensure they are adequate to support the roof structure and support system. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the request. Adopted by the City Council this 22 day of May, 2012. ATTEST: Jeremy J. Carter City Administrator Steven W. Cook Mayor q (�) In U11U II UILJUIIUI IIU1VU DEMONSTRATIONS U Juviu ulligIl1llmmina OTHER (Describe) Please complete the following information (ink or typewriter, please) and submit the appropriate fee along with this application to the City of Hutchinson, 111 Hassan Street, SE, Hutchinson, Minnesota 55350. Full Name of Person Filing Application: Kimberly Kay Pack First Middle Last Business Name & Address: 4496 235` NW St. Franies. MN 55070 Business Telephone: 763.753.4983 Altemate : 612.250.0068 If business is a partnership, please provide name of officers or if corporation, please provide corporate name. Partnership J & K Amusements Mail permit to this address: same as above LOCATION OF EVENT: Hutchinson Mall Highway 15 South GIVE BRIEF DESCRIPTION OF EVENT: Carnival in parking lot DATES AND HOURS OF OPERATION: June 1, 2012 5:00 vm until 10:00 vm. June 2, 2012 11:00 am until 10:00 vm. June 3. 2012 11:00 am until 8:00 vin ARE STRUCTURES TO BE ERECTED? J Yes ❑ No ❑ N/A If yes, please describe: Carniv Rides Z00 /100® %Y8 LCIL NON ZTOZ /40 1s0 uo11 e Xe e : xPj D@A103D INSURANCE: Submit proof of SPECIAL EVENTS PUBLIC LIABILITY INSURANCE NAMING THE CITY OF HUTCHINSON AS "ADDITIONAL INSURED" in amounts not less than $500,000 per person and $ 1.000.000 per accident. CLEAN UPIDAMAGE DEPOSIT (Refundable) Large Events $1,000 BOND ❑ $1,000 CASH ❑ CLEAN UP/DAMAGE DEPOSIT (Refundable) Smaller Events $250 CASH ❑ Carnival $525 CASH N/A ❑ ck'Fq—G� Z INDEMNIFICATION: I hereby indemnify and hold harmless the municipality and the City Council from any liability in whatsoever manner arising which may be incurred by the licensee and the municipality as the result of the operation of amusement rides, amusement devic fs, gamiKals, fairs or demonstrations. DATE: )- \1 k�;? Office Use Only: Fee Approved: Insurance Police Dept Bond Inspection Council License Issued Special Conditions: CITY OF HUTCHINSON LICENSE/PERMIT APPLICATION ❑ FAIR 01 CARNIVALS '-) 6c-) 100/1000 xed WL mom Z10Z /t0 150 110112 XQJ jq 1 7 : 7 7 1 V j 7 7ew : Y94 DRALODa AC- GERTIFtGATE OF LIABII.tTY lt�SURJQNEE °A 4/25/12"' PRODUCER 203 -931 -7095 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Specialty Insurance, LTD -Tom Plouffe HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 16901 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES AFFORDING COVERAGE West Haven, CT 06516 COMPANY RIVERPORT INSURANCE COMPANY A INSURED COMPANY B J &K Concessions & Rides 4496235th Lane NW COMPANY C ST Francis, MN 55707 COMPANY D CovtoGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDM) POLICY EXPIRATION DATE (MMIDOM ) LIMITS GENERAL LIABILITY 50127063 -00 8 -12-11 I 8-12-12 GENERAL AGGREGATE S 2 A A COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP /OP AGO S 2,000,000 CLAIMS MADE FX] OCCUR OWNER'S S CONTRACTORS PROT PERSON AL B ADV INJURY $ 1 ,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one ore)) $ 300,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (PBfacd1 M) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ i GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE I$ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND TATU- O � TO R S IMITS ER R EL EACH ACCIDENT $ EMPLOYERS' LIABILITY EL DISEASE - POLICY LIMIT $ THE PROPRIETOR) INCL PARTNERSIEXECUTIVE OFFICERS ARE' P EXCL EL DISEASE - EA EMPLOYEE $ OTHER Dates: 6/1/12 - 6/3/12 DESCRIPTION OF OPERATION S)LOCATONSNEHICLEWSPECIAL ITEMS Additional Insured: City of Hutchinson, Southern Prairie Development, LLC CERTIFICATE HOLDER ' CAfitCEL1JIFION �" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Hutchinson Mall EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1060 Hwy 15 South 1 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Huchinson, MN 55350 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESE TA ES. AUTHORIZED REPRESENTATIVE Thomas A. Plo ACORD 2" (1195) ®ACORO CORPORATION 1988 TO: Mayor & City Council FROM: John Olson, Public Works Manager RE: Terms and Conditions of Accepting Airport Improvement Grants DATE: May 7, 2012 Attached for your approval is a document outlining the terms and conditions of accepting money from the federal government for airport improvements. These general terms and conditions apply to airport improvement projects that accept federal funds. Grants generally refer to these terms /conditions. Grants can be further modified, depending upon the specific project needs. Based on my review, these general terms and conditions are an update from the previous terms/conditions approved in 2011. The 2012 update does not represent a significant departure from previously identified terms and conditions. The document outlines general conditions and assurances made by the City (sponsor), including but not limited to • Consultant selection • Project designs, plans & specifications, and final acceptance • Equipment/Construction contracts • Real property acquisition • Duration and applicability (generally 20 years), • And other general assurances of the sponsor I recommend that the attached terms and conditions of accepting airport improvement grants be approved. cc: Kent Exner, DPW /City Engineer Jeremy Carter, City Administrator �W) U.S. Department of TransportatIon Federal Aviation Adminisirallon April 20, 2012 Mr. John Olson Public Works Director 1400 Adams Street SE Hutchinson, Minnesota 55350 Re: April 2012 Terms and Conditions Dear Mr. Olson: Great Lakes Region Minneapolis Airports District Office 6020 2a'" Ave S, Room 102 Minneapolis, MN 55450 Enclosed is a copy of the April 2012 Terms and Conditions; which have been modified from the March 2011 Terms and Conditions. Please read carefully as there are significant changes. The principal changes are reflected in the following four (4) areas: 1) current Advisory Circulars list has been updated 2) new Grant Assurance 3) new CCR grant condition 4) new Single Audit grant condition As in years past, pages 1, 8 and 32 must be completed and the Terms and Conditions returned to us prior to receiving a Fiscal Year 2012 Grant Offer. Please sign and return the original Terms and Conditions to the Airports District Office no later than June 1, 2012. Sincerely, Steven J. ienauer Manager Minneapolis Airports District Office 9 (A) O � p Pt AL, W O 4 t 7 yQ O � April 2012 U.S. Department of Transportation Federal Aviation Administration Terms and Conditions of Accepting Airport Improvement Program Grants Sponsor City of Hutchinson Airport Hutchinson Municipal Butler Field This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the sponsor accepts a Grant Offer from the FAA that references this document. The terms and conditions may be unilaterally amended by the FAA, by notification in writing, and such amendment will only apply to grants accepted after notification. I. Certifications Section 47105(d), Title 49 of the United States Code authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project Implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. In accepting a grant, the sponsor certifies that each of the following items will be complied with in the performance of grant agreements. If a certification cannot be met for a specific project, the sponsor must fully explain in an attachment to the project application. A. Sponsor Certification for Selection of Consultants General procurement standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards In 49 CFR 18 and Advisory Circular 150/5100-14. 1. All advertisements will be placed to ensure fair and open competition from a wide area of Interest. 2. For any and all contracts over $25,000, consultants will be selected using competitive procedures based on qualifications, experience, and disadvantaged business enterprise requirements with the fee determined through negotiation. 3. An independent cost analysis will be performed, and a record of negotiations will be prepared reflecting the considerations involved in the establishment of fees for all engineering contracts with basic service fees exceeding $100,000. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 1 of 32 q td) 4. If any services are to be performed by sponsor force account personnel prior approval must be obtained from FAA. 5. All consultant services contracts will clearly establish the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. All costs associated with work ineligible for AIP funding will be clearly identified and separated from eligible items. 7. All mandatory contract provisions for grant- assisted contracts will be included in all consultant services contracts. 8. If any contract is awarded without competition, pre -award review and approval will be obtained from FAA. 9. Cost- plus - percentage -of -cost methods of contracting prohibited under Federal standards will not be used. 10. If services being procured cover more than a single grant project the scope of work will be specifically described in the advertisement, and future work will not be initiated beyond five years. B. Sponsor Certiflcation for Project Plans and Specifications General AIP standards are described in Advisory Circulars 150/5100 -6, 150 /5100 -15, and 150/5100 -16. A list of current advisory circulars with specific standards for design or construction of airports and procurement or installation of airport equipment and facilities is referenced in Section III.C.24. 1. All plans and specifications will be developed in accordance with all current applicable Federal standards and requirements, or state standard specifications developed under a Federal grant, and no deviation from or modification to standards set forth in the advisory circulars will be allowed without prior approval of the FAA. 2. All equipment specifications will rely on the national standards as contained in the Advisory Circulars, without deviations, to the maximum extent possible. Specifications for the procurement of equipment for which there is no Federal specification or standard, will not be proprietary nor written to restrict competition. If there is no national standard, or if the national standard provides for a choice to be made, at least two manufacturers will assure that they can meet the specification. A deviation from the national standard will require FAA approval of the design standard modification. 3. All development to be included in any plans is depicted on an Airport Layout Plan approved by FAA. 4. All development which is ineligible for AIP funding will either be omitted from the plans and specifications or costs associated with ineligible or AIP non - participating items will be separated and noted as non -AIP work and deducted from AIP project reimbursement requests. 5. Process control and acceptance tests required for any and all projects by standards contained in Advisory Circular 150/5370 -10 will be Included in the project specifications. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 2 of 32 q w 6. If a value engineering clause Is incorporated into any contract, concurrence will be obtained from FAA. 7. All plans and specifications will incorporate applicable requirements and recommendations set forth in the Federally approved environmental finding. B. For all construction activities within or near aircraft operational areas, the applicable requirements contained in Advisory Circular 150/5370 -2 will be discussed with FAA and incorporated into the specifications. A safety /phasing plan will be prepared, and prior FAA concurrence will be obtained. 9. All projects will be physically completed without Federal participation in costs that are due to errors or omissions in the plans and specifications that were foreseeable at the time of project design. 10. All Airport Layout Plan (ALP) revisions and proposals for facility construction clearance will Include coordinates that are either surveyed or based on reference coordinates previously found acceptable to FAA. The coordinates will be verified and found consistent with the dimensions shown on the project sketch /ALP. The coordinates will be in terms of the North American Datum of 1983. 11. All site elevations on Airport Layout Plan (ALP) revisions and proposals for construction clearance will be within +/ -0.1 foot vertically and the vertical datum will be in terms of the National Geodetic Vertical Datum of 1929. C. Sponsor Certification for Equipment /Construction Contracts Standards for advertising and awarding equipment and construction contracts within Federal grant programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting State and local laws or regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory Circulars 150/5100 -6, 150 /5100 -I5, and 150-5100 -16. 1. A code or standard of conduct will be in effect governing the performance of the sponsor's officers, employees, or agents In soliciting and awarding procurement contracts. 2. Qualified personnel will be engaged to perform contract administration, engineering supervision, and construction inspection and testing on all projects. 3. All procurement will be publicly advertised using the competitive sealed bid method of procurement. If procurement is less than $100,000, project may use three (3) quote method. 4. All requests for bids will clearly and accurately describe all administrative and other requirements of the equipment and /or services to be provided. 5. Concurrence will be obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person /firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsive and responsible bidder, c. Life cycle costing is a factor In selecting the lowest responsive bidder, Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 3 of 32 () U) d. Proposed contract prices are more than 10% over the sponsor's cost estimate. 6. All contracts exceeding $100,000, require a bid guarantee of 5%, a performance bond of 100°/x, and a payment bond of 100 %. 7. All contracts exceeding $100,000 will contain provisions or conditions specifying administrative, contractual, and legal remedies, Including contract termination, for those instances in which contractors violate or breach contract terms. They also will contain provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). 8. All construction contracts involving labor will contain provisions insuring that In the employment of labor preference will be given to honorably discharged Vietnam era veterans and disabled veterans. 9. All construction contracts exceeding $2,000 will contain provisions requiring compliance with the Davis -Bacon Act and bid solicitations will contain a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 -330) and the Copeland "Anti -Kick Back" Act will be included. 10. All construction contracts exceeding $10,000 will contain appropriate clauses from 41 CFR Part 60 for compliance with Equal Employment Opportunity Executive Order 11246. 11. All contracts and subcontracts will contain clauses required from Title VI Civil Rights Assurances and 49 CFR 26 for Disadvantaged Business Enterprises. 12. Appropriate checks will be made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified List. D. Sponsor Certiflcation for Real Property Acquisition Requirements on real property acquisition and relocation assistance are in 49 CFR 24 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). 1. Good and sufficient title will be held on property in any and all projects. The sponsor's attorney or other official will prepare and have on file title evidence on the property. 2. If defects and /or encumbrances exist in the title, which adversely impact the sponsor's intended use of property in the project, they will be extinguished, modified, or subordinated. 3. If property for airport development will be leased, the term is for 20 years or the useful life of the project. The lessor is a public agency and the lease contains no provisions, which prevent full compliance with the grant agreement. 4. Property will be in conformance with the current Exhibit A (property map). The property map is based on deeds, title opinions, land surveys, the approved Airport Layout Plan, and project documentation. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 4 of 32 q Lj) 5. For any and all acquisition of property Interest in noise sensitive approach zones and related areas, property interest will be obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. 6. For all acquisition of property interest in runway protection zones and areas related to FAR Part 77 surfaces, property interest will be obtained for the right of flight, right of ingress and egress to remove obstructions, right to make noise associated with aircraft operations, and to restrict the establishment of future obstructions. 7. All appraisals will include valuation data to estimate the current market value for the property interest acquired on each parcel and will be prepared by qualified real estate appraisers hired by the sponsor. An opportunity will be provided the property owner or their representative to accompany appraisers during inspections. 8. All appraisals will be reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation. All written appraisals and review appraisal will be available to FAA for review. 9. A written offer to acquire property will be presented to the property owner for not less than the approved amount of just compensation. 10. Every effort will be made to acquire property through negotiation with no coercive action to induce agreement. If negotiation Is successful, project riles will contain supporting documents for settlements. 11. If a negotiated settlement is not reached, condemnation will be initiated and a court deposit not less than the just compensation will be made prior to possession of the property. Project files will contain supporting documents for awards. 12. If displacement of persons, businesses, farm operations, or nonprofit organizations is involved, a relocation assistance program will be established. Displaced persons will receive general information in writing on the relocation program, notice of relocation eligibility, and a 90 day notice to vacate. 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses will be provided within a reasonable time period for displaced occupant in accordance with the Uniform Act. E. Sponsor Certification for Construction Project Final Acceptance General requirements for final acceptance and close -out of Federally funded construction projects are in 49 CFR 18.50. The sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of the Grant Agreement and contract documents. 1. All personnel engaged In project administration, engineering supervision, and construction inspection and testing will be determined to be qualified and competent to perform the work. 2. All daily construction records will be kept by the resident engineer /construction inspector. These records document work In progress, quality and quantity of materials delivered, test locations and results, instructions provided the contractor, weather, equipment use, labor requirements, safety problems, and changes required. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 5 of 32 f) 6) 3. All weekly payroll records and statements of compliance will be submitted by the prime contractor and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circular 150/5100 -6 and 150 /5100 -15). 4. All complaints regarding the mandated Federal provisions set forth in the contract documents will be submitted to the Department of Labor. 5. All tests specified in the plans and specifications will be performed and the test results documented. A summary of test results will be available to FAA. 6. For all test results outside allowable tolerances, appropriate corrective actions will be taken. 7. All payments to the contractor will be made in compliance with contract provisions and verified by the sponsor's internal audit of contract records kept by the resident engineer. If appropriate, all pay reduction factors required by the specifications will be applied in computing final payments and a summary of pay reductions will be available to FAA. 8. All projects will be accomplished without significant deviations, changes, or modifications from the developed plans and specifications, except where approval will be obtained from FAA. 9. All final project inspections will be conducted with representatives of the sponsor and the contractor. Project files will contain documentation of the final inspection. 10. All work In the Grant Agreement will be physically completed and corrective actions required as a result of the final inspection will be completed to the satisfaction of the construction contract and the sponsor. 11. As -built plans and an equipment inventory, if applicable, will be maintained as sponsor records. If requested, a revised Airport Layout Plan will be made available to FAA prior to start of development. 12. All applicable close -out financial reports will be submitted to FAA within three (3) years of the date of grant. F. Sponsor Certification for Seismic Design and Construction 49 CFR Part 41 sets forth the requirements In the design and construction of the bullding(s) to be financed with the assistance of the Federal Aviation Administration. Compliance will be met by adhering to at least one of the following accepted standards: 1. Model codes found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP) including: a. The 1991 International Conference of Building Officials (IBCO) Uniform Building Code, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. b. The 1992 Supplement to the Building Officials and Code Administration International (BOCA) National Building Code, published by the Building Officials and Code Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478 -5795. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 6 of 32 qu) c. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building Code, published by the Southern Building Code Congress International, 900 Montclair Road, Birmingham, Alabama 35213 -1206, 2. Revisions to the model codes listed above that are substantially equivalent or exceed the then current or immediately preceding edition of the NEHRP recommended provisions, as it is updated, may be approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41. 3. State, county, local, or other jurisdictional building ordinances adopting and enforcing the model codes, listed above, in their entirety, without significant revisions or changes in the direction of less seismic safety, meet the requirement of 49 CFR Part 41. G. Sponsor Certification for Drug -Free Workplace 1. The sponsor certifies that it will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace and specifying the actions that will be taken against employees for violations of such prohibitions. b. Establishing an ongoing drug -free awareness program to inform employees about: (1) The dangers of drug abuse In the workplace. (2) The grantee's policy of maintaining a drug -free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs. (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph a. d. Notifying the employee in the statement required by paragraph a that, as a condition of employment under a grant, the employee will: (1) Abide by the terms of the statement. (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statue occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph d(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall Include the Identification number(s) of each affected grant. f, Taking one of the following actions, within 30 calendar days of receiving notice under paragraph d(2) with respect to any employee who is so convicted: Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 7 of 32 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended. (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. (3) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 2. The sponsor may insert in the space provided below the site(s) for the performance of work done in connection with grants: Place of Performance (street address, city, county, state, zip code) II. General Conditions A. The allowable costs of all AIP funded project shall not include any costs determined by the FAA to be ineligible for consideration under the Title 49 U.S.C. B. Payment of the United States' share of all allowable project costs will be made pursuant to and In accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determinations of the United States' share will be based upon the final audits of the total amount of allowable project costs, and settlement will be made for any upward or downward adjustments to the Federal share of costs. C. The sponsor shall carry out and complete all AIP funded projects without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe. D. The FAA reserves the right to amend or withdraw a grant offer at any time prior to its acceptance by the sponsor. E. A grant offer will expire, and the United States shall not be obligated to pay any part of the costs of the project unless the grant offer has been accepted by the sponsor on or before 60 days after the grant offer but no later than September 30 of the Federal fiscal year the grant offer was made, or such subsequent date as may be prescribed in writing by the FAA. F. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page B of 32 I `�'� any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. G. The United States shall not be responsible or liable for damage to property or injury to persons, which may arise from, or be incident to, compliance with a grant agreement. H. If, during the life of an AIP funded project, the FAA determines that a grant amount exceeds the expected needs of the sponsor by $25,000 or five percent (5 %), whichever is greater, a grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, with the exception of planning projects, If there is an overrun in the eligible project costs, FAA may increase a grant to cover the amount of the overrun not to exceed the statutory fifteen (15 %) percent limitation for primary airports. For non - primary airports, with the exception of planning projects, FAA may increase a grant to cover the amount of overrun by not more than fifteen percent (15%) of the original grant amount for development and not more than fifteen (15 %) percent of the original grant portion pertaining to land or by an amount not to exceed twenty-five percent (25 %) of the total increase in allowable project costs attributable to the acquisition of land or Interests in land, whichever Is greater, based on current credible appraisals or a court award in a condemnation proceeding. FAA will advise the sponsor by letter of the increase. Planning projects will not be increased above the planning portion of the maximum obligation of the United States shown in the grant agreement. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. In addition, the sponsor's officially designated representative, is authorized to request FAA concurrence in revising the project description and grant amount within statutory limitations. A letter from the FAA concurring in the said requested revision to the project work description and /or grant amount shall constitute an amendment to a Grant Agreement. I. If requested by the sponsor and authorized by the FAA, the letter of credit method of payment may be used. It is understood and agreed that the sponsor agrees to request cash withdrawals on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It Is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 1. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this condition. K. Single Audit Act Requirements. Single Audits are required in accordance with the Single Audit Act of 1984 (as amended) and OMB Circular A -133 "Audits of States, Local Governments, and Nonprofit Organization," as referenced in Federal Regulation 49 CFR Part 18.26. Non - federal entities (airport sponsors including sub - grants recipients under the FAA's State Block Grant Program) that expend $500,000 or more of federal funds in the sponsor's fiscal year must have a single or program - specific audit conducted for that year. The $500,000 threshold represents all federal funding sources, not just grants from the Federal Aviation Administration. Note: Airport sponsors that are part of a larger government entity (city or county) commonly are covered by the larger entity's Single Audit submission, and should coordinate with such entity to ensure this submission fulfills their audit requirement. The audit report is due from the sponsor by the earlier date of either 30 days after receipt of the auditor's report(s), or nine months after the end of the sponsor's fiscal year end date and must be submitted electronically to the Federal Audit Clearinghouse (FAC). L. Trafficking In Persons Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 9 of 32 q u (a) Provisions applicable to a recipient that is a private entity. (1) You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not — a) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b) Procure a commercial sex act during the period of time that the award is in effect; or c) Use forced labor in the performance of the award or subawards under the award. (2) We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — a) Is determined to have violated a prohibition in paragraph (a)(1) of this award term; or b) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph (a)(1) of this award term through conduct that is either— (1) Associated with performance under this award; or (2) Imputed to you or the subrecipient using the standards and due process for Imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. (b) Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subreciplent that is a private entity- - (1) Is determined to have violated an applicable prohibition in paragraph (a)(1) of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph (a)(1) of this award term through conduct that is either- - a) Associated with performance under this award; or b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. (c) Provisions applicable to any recipient. (1) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this award term. (2) Our right to terminate unilaterally that is described in paragraph (a)(2) or (b) of this section: a) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and b) Is in addition to all other remedies for noncompliance that are available to us under this award. (3) You must include the requirements of paragraph (a)(1) of this award term in any subaward you make to a private entity. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 10 of 32 � W) (d) Definitions. For purposes of this award term: (1) "Employee" means either: a) An individual employed by you or a subrecipient who is engaged In the performance of the project or program under this award; or b) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. (2) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (3) "Private entity": a) Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. b) Includes: (1) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one Included in the definition of Indian tribe at 2 CFR 175.25(b). (2) A for - profit organization. (4) "Severe forms of trafficking In persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). L. Central Contractor Registration and Universal Identifier Requirements (a) Requirement for Central Contractor Registration (CCR) Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your Information In the CCR until you submit the final financial report required under this award or receive the final payment, whichever Is later. This requires that you review and update the information at least annually after the Initial registration, and more frequently if required by changes in your Information or another award term. (b) Requirement for Data UniversaiNumbering System (DUNS) Numbers If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided Its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided Its DUNS number to you. (c) Definitions For purposes of this award term: 1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide Information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at http : / /Www.ccrgov). Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 11 of 32 14 2. Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D &B) to uniquely identify business entities. A DUNS number may be obtained from D &B by telephone (currently 866 -705- 5711) or the Internet (currently at http.Vlfedgov.dnb.com / webform). 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for - profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward toa non- Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations ").. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. III. Assurances. The following FAA document titled Assurances Airport Sponsors, dated April 2012, is incorporated as part of these Terms and Conditions Assurances Airport Sponsors April 2012 A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 12 of 32 � U) 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project Items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section IIIC apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea .I c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea d. Hatch Act - 5 U.S.C. 1501, e sea .' e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea .' -2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 1 32 l() h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea i. Clean Air Act, P.L. 90 -148, as amended. j. Coastal Zone Management Act, P.L. 93 -205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d -4. o. Age Discriminatlon Act of 1975 - 42 U.S.C. 6101, et sea p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea .' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.' s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, at sea .' t. Copeland Antikickback Act - 18 U.S.C. 874. 1 u. National Environmental Policy Act of 1969 — U.S.C. 4321 at seq .' v. Wild and Scenic Rivers Act, P.L. 90 -542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea . 2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders a. Executive Order 11246 - Equal Employment Opportunityl b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 — Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs. e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction` f. Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' If. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non - construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.' 1. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally - assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. Terms and Conditlons of Accepting Airport Improvement Program Grants (April 2012) Page 14 of 32 � W) I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 1,2 m. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. o. 49 CFR Part 29 — Government wide debarment and suspension (non - procurement) and government wide requirements for drug -free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. Office of Management and Budget Circulars a. A -87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A -133 - Audits of States, Local Governments, and Non - Profit Organizations , These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A -87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be Included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act In connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act In connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of Items funded under the grant agreement which it will own or control. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 15 of 32 I �� 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances In the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary, b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non- compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non - compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 16 of 32 W) In accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. Sponsors of commercial service airports will not permit or enter Into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering Into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112 -95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. S. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and Its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects Involving airport location, a major runway extension, or runway location It will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, It assures or certifies that it has implemented an effective airport pavement maintenance- management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 17 of 32 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, an the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project In connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which Involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a- 276a -5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be Included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which Involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined In Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated Into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 18 of 32 qLJ) to the plans, specifications, and schedules approved by the Secretary for the project. It shat subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained In the project application or with the modifications similarly approved, b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright In the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would Interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and Flood conditions. Any proposal to temporarily close the airport for non - aeronautical purposes must flrst be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, Including temporary conditions; and Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 19 of 32 1 15..1) (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which Is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (Including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the Immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program Implementation, It will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service Itself or to use any fixed - based operator that is authorized or permitted by the airport to serve any air carrier at such airport. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 20 of 32 / I W) e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already Imposed on air carriers In such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [Including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services Involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. I. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right If both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed - based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self- sustaining as possible under the Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 21 of 32 �6 circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: (1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, In the case of a public airport, local taxes on aviation fuel) shall not apply. (2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20 -year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. (3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112 -95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred In a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be Imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 22 of 32 r ) L�) a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other Instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or J. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) Is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use In connection with any air traffic control or air navigation activities, or weather - reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 23 of 32( �1 q w It will keep up to date at all times an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; (3) the location of all existing and proposed non - aviation areas and of all existing improvements thereon; and (4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the Airport Layout Plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the Airport Layout Plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or effciency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the Airport Layout Plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance Is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance Is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that Is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 24 of 32 '� sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that Is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self - sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b) or (c) will be subject to the retention or reservation of any Interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels and safety associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub - contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 25 of 32 '' --`` C ) CA) 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the most current version, at the time the grant is signed, of the advisory circulars listed under the following table titled "Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects ", and in accordance with applicable state policies, standards, and specifications approved by the Secretary. CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 1/25/2012 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources /advisory.- NUMBER TITLE 70 7460 -1K Obstruction Marking and Lightin 150 /5000 -13A Announcement of Availability—RICA Inc., Document RTCA -221, Guidance and Recommended Requirements for Airports Surface Movement Sensors 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070 -6B and Change 1 Airport Master Plans 150/5070-7 The Air ort S stem Planning Process 150 /5100 -13B Development of State Standards for Non Primary Airports 15015200-28D Notices to Airmen NOTAMS for Airport Operators 150/5200-30C Air ort Winter Safety and Operations 150/5200 -33B Hazardous Wildlife Attractants On or Near Airports 15015210-SD Paintin Markin and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Fire and Rescue Communications 15015210-13C Airport Water Rescue Plans and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment Tools and Clothin 150/5210-15A Airport Rescue & Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210 -19A Driver's Enhanced Vision System DEVS 150 5220 -10E Guide Specification for Aircraft Rescue and Firefighting Vehicles 150/5220-16D Automated Weather Observing Systems for Non - Federal Applications 150/5220 -17B Aircraft Rescue and Firefighting ARFF Training Facilities 150/5220 -IBA Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220 -20 and Change 1 Airport Snow and Ice Control Equipment 150/5220 -21B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 150/5220-22A Engineered Materials Arresting System EMAS for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220 -24 Foreign Object Debris Detection Equipment 150/5300 -713 FAA Policy on Facility Relocations Occasitioned by Ariport Imrpovement or Changes 150/5300 -13 and Changes 1 -18 Airport Design Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 26 of 32 ofnII -- 11 Ili) NUMBER TITLE 150/5300-148 Design of Aircraft Deicing Facilities 150/5300 -16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Surve 150/5300 -17C General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Surve 150/5300 -188 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System GIS Standards 150/5320 -5C and Change 1 Surface Drainage Design 150/5320 -6E Airport Pavement Design and Evaluation 150/5320 -12C and Changes 1 - 8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-15A Manaclement of Airport Industrial Waste 150/5325-4B Runway Length Requirements for Airport Design 150 5335 -SB Standardized Method of Reporting Airport Pavement Strength PCN 150 5340 -1K Standards for Airport Markings 150/5340-5C Segmented Circle Airport Marker System 150/5340-18F Standards for Airport Sign Systems 15015340-30F Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L821 Panels for the Control of Airport Lightin 150 5345 -SB Circuit Selector Switch 1505345 -7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150 5345 -1OG Specification for Constant Current Regulators Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacon 150/5345 -13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D Specification for L823 Plug and Receptacle Cable Connectors 150/5345-27D Specification for Wind Cone Assemblies 150/5345-28G Precision Approach Path Indicator PAPI Systems 150/5345-39D FAA Specification 1-853 Runway and Taxiway Retroreflective Markers 150/5345 -42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43F Specification for Obstruction Lighting Equipment 150/5345 -443 Specification for Taxiway and Runway Signs 150/5345-45C Low-Impact Resistant LIR Structures 150/5345-46D Specification for Runway and Taxiway Lf ht Fixtures 150/5345 -47C Specifications for Series to Series Isolation Transformers for Airport Lighting System 150/5345 -49C Specification L854 Radio Control Equipment 150/5345-SOB Specification for Portable Runway and Taxiway Lights 150/5345-51B Specification for Discharge-Type Flasher Equipment 150/5345-52A Generic Visual Glideslo a Indicators GVGI 15015345-53C Airport Lighting Equipment Certification Program 150/5345 -54B Specification for L -1884, Power and Control Unit for Land and Hold Short 150/5345 -55A Specification for 1.893, Lighted Visual Aid to Indicate Temporary Runway Closure Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 27 of 32 C ) I SA } NUMBER TITLE 150/5345 -56B Specification for L -890 Airport Lighting Control and Monitoring System ALCMS 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12E Airport Signing and Graphics 150/5360 -13 and Change 1 Planning and Design Guidance for Airport Terminal Facilities 150/5360-14 Access to Airports By Individuals With Disabilities 150/5370 -2F Operational Safety on Airports During Construction 150 5370 -ICF Standards for Specifying Construction of Airports 150/5370 -118 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380-613 Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-213 Heliport Design 150/5395 -1 Seaplane Bases 150 /5100 -14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-15A Civil Rights Requirements for the Airport Improvement Program 150/5100 -17 and Chan es 1 -6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators 150 /5300 -15A Use of Value Engineering for Engineering Design of Airports Grant Pro ects 150/5320 -17 Airfield Pavement Surface Evaluation and Rating PASER Manuals 150/5370 -61) and Changes 1 -4 Construction Progress and Inspection Report — Airport Grant Program 150/5370-12A Quality Control of Construction for Airport Grant Projects 150 5370 -13A Off eak Construction of Air rt Pavements Using Hot -Mix Asphalt 150/5380 7A Air rt Pavement Management Program 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described In Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons In accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination In the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is Incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out Its terms shall be treated as a violation of this agreement. Upon notification to Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 26 of 32 j) the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft's owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: (1) Describes the requests; (2) Provides an explanation as to why the requests could not be accommodated; and (3) Provides a time frame within, if any, the airport will be able to accommodate requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. IV. Standard DOT Title VI Assurances The sponsor hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, - Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the sponsor agrees concerning this grant that: A. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23 (b).) will be conducted or operated in compliance with all requirements of the Regulations. B. It will insert the following clauses in every contract subject to the Act and the Regulations: During the performance of this contract, the contractor, for Itself, its assignees and successors in interest (hereinafter referred to as the 'contractor) agrees as follows. 1. Compliance with Regulation. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT) Title 49, Code of Federal Regulation, Part 11, as they may be amended Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 29 of 32 lam) from time to time (hereinafter refereed to as the Regulations), which are herein incorporated by reference and made a part of this contract. Z Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and /eases of equipment. The contractor shall not participate either directly or indirectly in the discriminatfon prohibited by section 71.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, Including procurements of materais or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrmination on the grounds of rare, color, or national origin. 4. Information and Reports The contractor shall provide all Information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to Its books, records, accounts, other sources of Information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions Where any information required of contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions or Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract; the sponsor shall Impose such contract sanctions as It or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and /or A Cancellation, termination, or suspension of the contract, fn whole or In part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs I through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor " C. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. D. Where Federal financial assistance is in the form or for the acquisition of real property or an Interest in real property, the assurance shall extend to rights to space on, over, or under such property. E. It will include the following clauses, as appropriate: "1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal representabves, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (In the case of deeds and leases add "as a covenant running with the land") that In the event facllftles are constructed, maintalned, or otherwise operated on the said property described in this (deed, license, lease, permit, etc:) for a purpose for whkh a DOT Terns and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 30 of 32 f ) t) program or activity Is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, leasee, permitee, etc.) shall maintain and operate such facilities and services fn compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (In the case of deeds and leases add as a covenant running with the land") that. (1) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of or be otherwise subjected to discrimination fn the use of said facilities, (2) that in the construction of any Impro vements on, over or under such laird and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation In, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, pennittee, etc.) shall use the premises in compliance with all other requirements Imposed by or pursuant to 49 CFR Part 21, Nondiscrimination In Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended, of the FAA may direct as a means of enforcing such provisions including sanctions or noncompliance Provided, however that in the event a contract becomes involved In, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, In addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States " as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the sponsor with other parties: 1. for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and 2. for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. F. This assurance obligates the sponsor for the period during which Federal financial assistance Is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods. 1. the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or 2. the period during which the sponsor retains ownership or possession of the property. G. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants or Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. H. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 31 of 32 n I (-d This assurance is given in consideration of and for the purpose of obtaining Federal financial ACE -1450 Standard DOT Title VI Assurance 8/29/96 assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the sponsor. V. Sponsor Acceptance of Terms and Conditions I certify that, for any and all projects with federal participation to be undertaken by the Sponsor, the Sponsor agrees to accomplish the projects within the terms and conditions contained herein. City of Hutchinson Name of Sponsor Signature Sponsor's Designated Official Representative Jeremy J. Carter City Administrator Title Dated Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 32 of 32 lam) May 17, 2012 Dear Council Members, At the joint Hutch Utility- City meeting on May 2 we talked about putting together a committee of reps from both the city and HUC to discuss possible changes to the annual transfer formula and make it more in line with averages utilized by other utilities and cities in the state. I would like to appoint Council Member Czmowski, City Administrator Jeremy Carter and myself to be the city reps of that committee. I have spoken to HUC President Dwight Bordson and he said HUC will appoint reps at their next meeting and then we will set up a meeting for the group. Thank you for your consideration, Mayor Steve Cook 3 MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Chief Daniel Hatten DATE: 5 -3 -12 RE: Dairy Day Attach is a request from Hutchinson Area Chamber on behalf of the Agri- Business Committee. The request outlines their wish to hold the annual Dairy Day Celebration on Friday, June 8, 2012 in Library Square. The Agri Business Committee is asking for the police department's assistance in closing 1g` Ave. SE between Main St. and Hassan for the event. My staff and I have reviewed the information and I am confident that the police department can accommodate this request. The Agri - Business Committee and the Hutchinson Chamber are accustom to the rules and regulations in the area during the event and we look forward to working with them again this year. 2012 -01 -0009 • * *1 4 HUTCHINSON AREA CHAMBER OF COMMERCE CONVENTION & VISTORS BUREAU May 14, 2012 Sergeant Joe Nagel Hutchinson Police Services 10 Franklin St SW Hutchinson, MN 55350 Dear Sergeant Nagel, 2 Main Street South Hutchinson, MN 55350 320.587.5252 800.572.6689 Fax: 320.587.4752 info @explorehutchinson.com www.explorebutchinson.com On behalf of the Chamber CVB's Agri- Business Committee I would like to make a request to close First Ave SE between Main Street and Hassan Street. This request is for our annual Dairy Day Celebration on Friday. June S. 2012 in Library Square. We would like to use First Ave SE for the tractor club and equipment displays. We currently have Library Square reserved from 9:00 am until 3:00 pm. The tractors would be brought in Friday morning after 9:00 am. The event is scheduled to run until 1:30 pm, but we are requesting 3:00 pm to allow for clean -up. If you have any questions, or if the committee can be of any assistance, please give me a call at 320 -234- 0786 or email us at an¢ela @exalorehutchinson.com Thank you for your help. Sincerely, Hutchinson Area Chamber CVB 000,9 9 HUTCHINSON s ' 9 l10 Agri - Busine s n(-F CITY OF HUTCHINSON R55CKREG LOG22001VO Council Check Register 5/9- 5/22/12 5/16/2012 Check # Ck Date Amount Vendor/ Explanation Account Description 170610 5/11/2012 6,123.78 MARLIN LEASING RENTALS 170611 5/11/2012 7,000.00 WESTAFER ENTERPRISES OTHER CONTRACTUAL 170612 5/22/2012 374.20 3D SPECIALTIES SIGNS & STRIPPING MATERIALS 170613 5/22/2012 334.00 AARP PROFESSIONAL SERVICES 170614 5/22/2012 23,100.00 ABDO, EICK & MEYERS AUDIT & FINANCE 170615 5/22/2012 1,699.59 ABETECH RECEIVED NOT VOUCHERED 170617 5/22/2012 937.64 ACE HARDWARE REPAIR & MAINTENANCE SUPPLIES 170618 5/22/2012 53.44 ALPHA WIRELESS COMMUNICATIONS 170619 5/22/2012 134.17 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 170620 5/22/2012 10.50 AMERICAN WELDING & GAS CENTRAL GARAGE REPAIR 170621 5/22/2012 137.54 AMERIPRIDE SERVICES CONTRACT REPAIR & MAINTENANCE 170622 5/22/2012 267.00 ANIMAL MEDICAL CENTER ON CROW OTHER CONTRACTUAL 170623 5/22/2012 347.35 ARAMARK UNIFORM SERVICE UNIFORMS & PERSONAL EQUIP 170624 5/22/2012 377.82 ARCTIC GLACIER PREMIUM ICE INC COST OF MIX & SOFT DRINKS 170625 5/22/2012 988.35 ARNESON DISTRIBUTING CO COST OF SALES -BEER 170626 5/22/2012 127.74 AUTO VALUE - GLENCOE EQUIPMENT PARTS 170627 5/22/2012 2,575.00 AUTOMATIC SYSTEMS CO PROFESSIONAL SERVICES 170628 5/22/2012 150.00 AWWA- MINNESOTA SECTION TRAVEL SCHOOL CONFERENCE 170629 5/22/2012 2,839.57 B & C PLUMBING & HEATING INC CONTRACT REPAIR & MAINTENANCE 170630 5/22/2012 286.75 BACHMAN'S LANDSCAPE MATERIALS 170631 5/22/2012 111,711.15 BARGEN INC CONTRACT REPAIR & MAINTENANCE 170632 5/22/2012 600.00 BELAIR CARRIERS INC FREIGHT 170633 5/22/2012 288.49 BERNICK'S COST OF MIX & SOFT DRINKS 170634 5/22/2012 1,230.01 BLACK BOX CORPORATION DUE FROM UTILITIES 170635 5/22/2012 1,130.00 BLACK HILLS AMMUNITION OPERATING SUPPLIES 170636 5/22/2012 49.97 BP MOTOR FUELS & LUBRICANTS 170637 5/22/2012 30.00 BRANDON TIRE CO CENTRAL GARAGE REPAIR 170638 5/22/2012 1,200.50 BRAUN INTERTEC CORP PROFESSIONAL SERVICES v*✓ 170639 5/22/2012 9.76 BRIAN MATTHEW HAUER ENTERPRISE REFUSE - RECYCLING 170640 5/22/2012 3,393.02 BRYAN STREICH TRUCKING FREIGHT - IN 170641 5/22/2012 929.28 BUSINESSWARE SOLUTIONS SMALLTOOLS 170642 5/22/2012 25,925.30 C & L DISTRIBUTING COST OF SALES -BEER 170643 5/22/2012 379.80 CALIFORNIA CONTRACTORS SUPPLIE SIGNS & STRIPPING MATERIALS 170644 5/22/2012 187.04 CARS ON PATROL SHOP LLC PROFESSIONAL SERVICES 170645 5/22/2012 49.16 CENTURY FENCE REPAIR & MAINTENANCE SUPPLIES 170646 5/22/2012 536.62 COMDATA CORPORATION OPERATING SUPPLIES 170647 5/22/2012 9,980.00 COMMERCIAL ASPHALT REPAIR LLC CONTRACT REPAIR & MAINTENANCE 170648 5/22/2012 33.07 COREY, NICHOLLE TRAVEL SCHOOL CONFERENCE 170649 5/22/2012 1,650.00 CORNER POST EROSION CONTROL IMPROV OTHER THAN BLDGS 170650 5/22/2012 23.98 CREEKSIDE SOILS LANDSCAPE MATERIALS 170651 5/22/2012 682.35 CROW RIVER AUTO & TRUCK REPAIR AUTOMOTIVE REPAIR 170652 5/22/2012 105.00 CROW RIVER PRESS INC PRINTING & PUBLISHING 170653 5/22/2012 5,125.00 DAY DISTRIBUTING COST OF SALES -BEER 170654 5/22/2012 94.95 DENNISON, STEVE UNIFORMS & PERSONAL EQUIP 170655 5/22/2012 2,110.90 DPC INDUSTRIES INC CHEMICALS & PRODUCTS 170656 5/22/2012 246.98 DROP -N -GO SHIPPING, INC RECEIVED NOT VOUCHERED 170657 5/22/2012 1,450.00 DUANE BLOCK TRUCKING INC FREIGHT 170658 5/22/2012 288.32 DYNA SYSTEMS SMALL TOOLS 170659 5/22/2012 1,435.59 E2 ELECTRICAL SERVICES INC CONTRACT REPAIR & MAINTENANCE 170660 5/22/2012 7.99 EBERT,PAT TRAVEL SCHOOL CONFERENCE 170661 5/22/2012 56.64 ECOLAB PEST ELIM CONTRACT REPAIR & MAINTENANCE 170662 5/22/2012 76.21 ECONO FOODS OPERATING SUPPLIES 170663 5/22/2012 135.00 ERICKSON, KIM RECREATION ACTIVITY FEES 170664 5/22/2012 495.88 FARM -RITE EQUIPMENT RECEIVED NOT VOUCHERED 170665 5/22/2012 425.12 FASTENAL COMPANY SIGNS & STRIPPING MATERIALS 170666 5/22/2012 31.50 FEDEX 170667 5/22/2012 24101 FINANCE & COMMERCE PROFESSIONAL SERVICES 170668 5/22/2012 1,795.00 FIRE SAFETY USA, INC SMALL TOOLS 170669 5/22/2012 261.60 FIRST CHOICE FOOD & BEVERAGE S OPERATING SUPPLIES 170670 5/22/2012 57.03 G & K SERVICES OPERATING SUPPLIES 170671 5/22/2012 1,340.00 GARICK CORPORATION RECEIVED NOT VOUCHERED 170672 5/22/2012 2,283.00 GARTNER REFRIGERATION & MFG, I CONTRACT REPAIR & MAINTENANCE 170673 5/22/2012 3,200.00 GAVIN, OLSON & WINTERS, LTD PROFESSIONAL SERVICES 170674 5/22/2012 153.11 GEMPLER'S INC REPAIR & MAINTENANCE SUPPLIES 170675 5/22/2012 580.00 GFOA MISCELLANEOUS 170676 5/22/2012 125.00 GOVERNMENT TRAINING SERVICES( DUES & SUBSCRIPTIONS 170677 5/22/2012 173.71 GRAINGER EQUIPMENT PARTS 170678 5/22/2012 212.60 GRANIT BRONZ OPERATING SUPPLIES 170679 5/22/2012 552.65 H.A.R.T. ACCRUED DEFERRED COMP 170680 5/22/2012 4,228.42 HACH COMPANY CONTRACT REPAIR & MAINTENANCE 170681 5/22/2012 9,018.50 HANSON & VASEK CONSTRUCTION CONTRACT REPAIR & MAINTENANCE 170682 5/22/2012 30.00 HANTGE, CHRISTIE CONDITIONAL USE PERMITS 170683 5/22/2012 20.00 HATLESTAD, JILL RECREATION ACTIVITY FEES 170684 5/22/2012 8,134.95 HCVN -TV CABLE TV 170685 5/22/2012 776.90 HD SUPPLY WATERWORKS LTD METERS & METER PARTS 170686 5/22/2012 1,917.44 HEWLETT - PACKARD CO DUE FROM UTILITIES 170687 5/22/2012 525.75 HILLYARD / HUTCHINSON OPERATING SUPPLIES 170688 5/22/2012 539.53 HOLT MOTORS INC CENTRAL GARAGE REPAIR 170689 5/22/2012 1,834.00 HOLT PETERSON CHARTER BUS OTHER CONTRACTUAL 170690 5/22/2012 3,430.04 HRA DUE FROM HRA 170691 5/22/2012 4,752.00 HUTCH SPORT SHOP OPERATING SUPPLIES 170692 5/22/2012 7,763.11 HUTCHINSON CO -OP CHEMICALS & PRODUCTS 170693 5/22/2012 210.00 HUTCHINSON HEALTH & FITNESS PROFESSIONAL SERVICES 170694 5/22/2012 100.00 HUTCHINSON HUSKIES BASEBALL ADVERTISING 170695 5/22/2012 52,965.50 HUTCHINSON JUNIOR LEAGUE BASEB RECREATION ACTIVITY FEES 170696 5/22/2012 1,725.81 HUTCHINSON LEADER PRINTING & PUBLISHING 170697 5/22/2012 79,409.42 HUTCHINSON UTILITIES UTILITIES 170698 5/22/2012 1,216.20 HUTCHINSON WHOLESALE CENTRAL GARAGE REPAIR 170699 5/22/2012 4,220.36 HUTCHINSON, CITY OF UTILITIES 170700 5/22/2012 9.17 INDEPENDENT EMERGENCY SERVICES COMMUNICATIONS 170701 5/22/2012 5,580.00 INFRATECH CONTRACT REPAIR & MAINTENANCE 170702 5/22/2012 225.00 INTERNATIONAL ECON DEV COUNCIL TRAVEL SCHOOL CONFERENCE 170703 5/22/2012 525.00 INTERNATIONAL ECON DEV COUNCIL TRAVEL SCHOOL CONFERENCE 170704 5/22/2012 92.93 INTERSTATE BATTERY SYSTEM MINN EQUIPMENT PARTS 170705 5/22/2012 250.09 INTOXIMETERS INC OPERATING SUPPLIES 170706 5/22/2012 39.46 JAKE'S PIZZA OPERATING SUPPLIES 170707 5/22/2012 2,497.61 JEFF MEEHAN SALES INC. ACCRUED COMMISSIONS PAYABLE 170708 5/22/2012 253.88 JEFF'S ELECTRIC CONTRACT REPAIR & MAINTENANCE 170709 5/22/2012 1,394.80 JJ TAYLOR DIST OF MN COST OF SALES -WINE 170710 5/22/2012 86.851OCHUM,DANIEL TRAVEL SCHOOL CONFERENCE 170711 5/22/2012 12,212.41 JOHNSON BROTHERS LIQUOR CO. COST OF SALES -WINE 170712 5/22/2012 30.00 JOHNSTON, DAVE CONDITIONAL USE PERMITS 170713 5/22/2012 28.05 JUNKE, BARB REFUNDS & REIMBURSEMENTS 170714 5/22/2012 266.00 KDUZ KARP RADIO ADVERTISING 170715 5/22/2012 157.50 KELLY REGISTRATION SYSTEM DUES & SUBSCRIPTIONS 170716 5/22/2012 30.00 KIRCHOFF, DEAN CONDITIONAL USE PERMITS 170717 5/22/2012 868.62 KLOSS, TOM SMALL TOOLS 170718 5/22/2012 43.69 KOBOW, BECKY ADVERTISING 170719 5/22/2012 318.50 KOHLS SWEEPING SERVICE RECEIVED NOT VOUCHERED 170720 5/22/2012 39.32 KOSEK, ANDREW TRAVEL SCHOOL CONFERENCE 170721 5/22/2012 60.00 KRAFT, JACOB OTHER CONTRACTUAL 170722 5/22/2012 293.86 KRIS ENGINEERING CENTRAL GARAGE REPAIR 170723 5/22/2012 345.00 KRISTICO, INC FREIGHT 170724 5/22/2012 49.85 L & P SUPPLY CO SMALL TOOLS 170725 5/22/2012 2,250.00 LANDSCAPE CONCEPTS, INC CONTRACT REPAIR & MAINTENANCE 170726 5/22/2012 46.95 LAW ENFORCEMENT INTELLIGENCE R OPERATING SUPPLIES 170727 5/22/2012 1,462.08 LAW ENFORCEMENT TECHNOLOGY GR(SMALL TOOLS 170728 5/22/2012 54.61 LEAGUE OF MN CITIES OFFICE SUPPLIES 170729 5/22/2012 136.00 LEXISNEXIS OTHER CONTRACTUAL 170730 5/22/2012 1,206.67 LIFE INSURANCE COMPANY OF AMER EMPL.HEALTH & INS. BENEFIT 170731 5/22/2012 803.28 LIFE INSURANCE COMPANY OF AMER EMPL.HEALTH & INS. BENEFIT 170732 5/22/2012 696.41 LIFE INSURANCE COMPANY OF AMER ACCRUED LIFE INSURANCE 170733 5/22/2012 17,685.17 LOCHER BROTHERS INC COST OF SALES -BEER 170734 5/22/2012 30.00 LOFDAHL, JOHN CONDITIONAL USE PERMITS 170735 5/22/2012 23,845.00 LOGIS DATA PROC EQUIPMENT RENTAL 170736 5/22/2012 894.24 LYNDE & MCLEOD INC COMPOST- BULK PRODUCT 170737 5/22/2012 150.00 MADINA HOSPITALITY GROUP LLC MEETINGS 170738 5/22/2012 11.86 MATHESON TRI -GAS INC RENTALS 170739 5/22/2012 550.84 MAYTAG LAUNDRY & CAR WASH PROFESSIONAL SERVICES 170740 5/22/2012 46,343.80 MCLEOD COUNTY AUDITOR - TREASURE IMPROV OTHER THAN BLDGS 170741 5/22/2012 400.00 MCLEOD COUNTY COURT ADMINISTRA, OTHER REVENUES 170742 5/22/2012 400.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 170743 5/22/2012 400.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 170744 5/22/2012 200.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 170745 5/22/2012 230.00 MCLEOD COUNTY RECORDER PROFESSIONAL SERVICES 170746 5/22/2012 46.48 MCRAITH, JOHN OPERATING SUPPLIES 170747 5/22/2012 1,201.28 MENARDS HUTCHINSON OPERATING SUPPLIES 170748 5/22/2012 30.00 MESSAGE MEDIA COMMUNICATIONS 170749 5/22/2012 135.00 MESSNER, KYLE RECREATION ACTIVITY FEES 170750 5/22/2012 2,392.83 MEYER LABORATORY, INC REPAIR & MAINTENANCE SUPPLIES 170751 5/22/2012 878.85 MILLNER HERITAGE VINEYARD & WI COST OF SALES -WINE 170752 5/22/2012 82.97 MINI RIFF RENTALS 170753 5/22/2012 45.00 MINNESOTA DEPT OF LABOR & IND DUES & SUBSCRIPTIONS 170754 5/22/2012 62.50 MINNESOTA POLLUTION CONTROL AG OTHER CONTRACTUAL 170755 5/22/2012 1,952.20 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 170756 5/22/2012 115.44 MOORE, ERIC TRAVEL SCHOOL CONFERENCE 170757 5/22/2012 193.92 MOTION INDUSTRIES INC RECEIVED NOT VOUCHERED 170758 5/22/2012 35.00 MOME MEDIA OFFICE SUPPLIES 170759 5/22/2012 200.00 MOYER, CYNTHIA OPERATING SUPPLIES 170760 5/22/2012 125.00 NAGY, EMILY UNIFORMS & PERSONAL EQUIP 170761 5/22/2012 510.81 NORTH CENTRAL INTERNATIONAL CENTRAL GARAGE REPAIR 170762 5/22/2012 456.37 NORTHERN BUSINESS PRODUCTS OPERATING SUPPLIES 170763 5/22/2012 15.00 NORTON, RAYMOND TREE APPLICATION /PERMITS 170764 5/22/2012 30.00 NORTON, RAYMOND CONDITIONAL USE PERMITS 170765 5/22/2012 407.60 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR 170766 5/22/2012 123.15 OFFICE DEPOT MOTOR FUELS & LUBRICANTS 170767 5/22/2012 37.00 OFFICE OF ENTERPRISE TECHNOLOG TELEPROCESSING EQUIP 170768 5/22/2012 20.00 PARKER, WONONA OTHER REVENUES 170769 5/22/2012 1,378.17 PAUSTIS & SONS WINE CO COST OF SALES- LIQUOR 170770 5/22/2012 9,077.25 PEAT INC. 170771 5/22/2012 960.00 PELLINEN LAND SURVEYING PROFESSIONAL SERVICES 170772 5/22/2012 125.00 PENKE, DANIELLE UNIFORMS & PERSONAL EQUIP 170773 5/22/2012 12,743.89 PHILLIPS WINE & SPIRITS COST OF SALES -WINE 170774 5/22/2012 6,219.73 PLAISTED COMPANIES RECEIVED NOT VOUCHERED 170775 5/22/2012 250.50 PLUMBING & HEATING BY CRAIG CONTRACT REPAIR & MAINTENANCE 170776 5/22/2012 2,312.56 PREMIER TECH PACKAGING RECEIVED NOT VOUCHERED 170777 5/22/2012 2,000.00 PRINCE CORP RECEIVED NOT VOUCHERED 170778 5/22/2012 113.86 PRO AUTO & TRANSMISSION REPAIR CONTRACT REPAIR & MAINTENANCE 170779 5/22/2012 12.80 PRO -BUILD BUILDING REPAIRS 170780 5/22/2012 166.65 QUADE ELECTRIC OPERATING SUPPLIES 170781 5/22/2012 4,336.46 QUALITY FLOW SYSTEMS CONTRACT REPAIR & MAINTENANCE 170782 5/22/2012 15,999.01 RAPIDS PROCESS EQUIPMENT INC CONTRACT REPAIR & MAINTENANCE 170783 5/22/2012 925.00 READY WATT ELECTRIC CONTRACT REPAIR & MAINTENANCE 170784 5/22/2012 19,618.39 REINER ENTERPRISES, INC FREIGHT 170785 5/22/2012 164.88 RICK AHLGREN CONSTRUCTION LLC REFUNDS & REIMBURSEMENTS 170786 5/22/2012 1,140.47 RTVISION PROFESSIONAL SERVICES 170787 5/22/2012 27.00 SCHMELING OIL CO MOTOR FUELS & LUBRICANTS 170788 5/22/2012 64.13 SCOTT'S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 170789 5/22/2012 154.39 SEBORA, MARC TRAVEL SCHOOL CONFERENCE 170790 5/22/2012 10.00 SECRETARY OFAGRICULTURE DUES & SUBSCRIPTIONS 170791 5/22/2012 792.03 SEH PROFESSIONAL SERVICES 170792 5/22/2012 565.52 SENTRY FIRE PROTECTION INC REPAIR & MAINTENANCE SUPPLIES 170793 5/22/2012 125.00 SHAW, KAREN PROFESSIONAL SERVICES 170794 5/22/2012 753.69 SORENSEN APPRAISALS INC CENTRAL GARAGE REPAIR 170795 5/22/2012 18.38 SORENSEN'S SALES & RENTALS CENTRAL GARAGE REPAIR 170796 5/22/2012 4,057.08 SOUTHERN WINE & SPIRITS OF MN FREIGHT 170797 5/22/2012 279.55 SPRINT COMMUNICATIONS 170798 5/22/2012 176.35 STANDARD PRINTING PRINTING & PUBLISHING 170799 5/22/2012 1,453.30 STAPLES ADVANTAGE OFFICE SUPPLIES 170800 5/22/2012 93.96 STRATEGIC EQUIPMENT COST OF MIX & SOFT DRINKS 170801 5/22/2012 20.00 TAPS -LYLE SCHROEDER PROFESSIONAL SERVICES 170802 5/22/2012 99.75 TASC FLEX ADMINISTRATION FEE 170803 5/22/2012 205.24 TEK MECHANICAL BUILDING REPAIRS 170804 5/22/2012 174.40 THE LODGE AT BRAINERD LAKES TRAVEL SCHOOL CONFERENCE 170805 5/22/2012 28.95 TOWN & COUNTRY TIRE CENTRAL GARAGE REPAIR 170806 5/22/2012 10,299.26 TRAFFIC MARKING SERVICE INC CONTRACT REPAIR & MAINTENANCE 170807 5/22/2012 68.67 TRANSCRIPTION GEAR SMALLTOOLS 170808 5/22/2012 258.88 TRI COUNTY WATER OPERATING SUPPLIES 170809 5/22/2012 200.00 TRUNK HWY 15 COALITION DUES & SUBSCRIPTIONS 170810 5/22/2012 14.64 TWO WAY COMMUNICATIONS INC OPERATING SUPPLIES 170811 5/22/2012 20,743.68 UNITED PACKAGING & DESIGN RECEIVED NOT VOUCHERED 170812 5/22/2012 165.45 USA BLUE BOOK REPAIR & MAINTENANCE SUPPLIES 170813 5/22/2012 15,027.75 VIKING BEER COST OF SALES -BEER 170814 5/22/2012 445.70 VIKING COCA COLA FOOD PRODUCTS - CONCESSION 170815 5/22/2012 1,283.30 VINOCOPIA INC COST OF SALES- LIQUOR 170816 5/22/2012 777.03 WASTE MANAGEMENT OF WI -MN REFUSE - RECYCLING 170817 5/22/2012 48,229.71 WASTE MANAGEMENT OF WI -MN REFUSE - HAULING 170818 5/22/2012 2,158.00 WEBB PALLET RECEIVED NOT VOUCHERED 170819 5/22/2012 60.00 WELCOME NEIGHBOR ADVERTISING 170820 5/22/2012 374.60 WEST CENTRAL STEEL INC OPERATING SUPPLIES 170821 5/22/2012 637.24 WEST PUBLISHING PAYMENT CTR OPERATING SUPPLIES 170822 5/22/2012 3,566.75 WINE COMPANY, THE COST OF SALES -WINE 170823 5/22/2012 4,351.39 WIRTZ BEVERAGE MINNESOTA COST OF SALES - LIQUOR 170824 5/22/2012 125.00 WITTE, SARA UNIFORMS & PERSONAL EQUIP 170825 5/22/2012 225.64 WM MUELLER & SONS STREET MAINT.MATERIALS 170826 5/22/2012 454.47 WM MUELLER & SONS STREET MAINT.MATERIALS 170827 5/22/2012 2,994.37 WORK CONNECTION, THE OTHER CONTRACTUAL 170828 5/22/2012 810.46 XEROX CORP COPY MACHINE 170829 5/22/2012 3,043.81 ZARNOTH BRUSH WORKS INC REPAIR & MAINTENANCE SUPPLIES 170830 5/22/2012 330.00 ZELLAS MEETINGS 170831 5/22/2012 451.19 ZEP MANUFACTURING CO EQUIPMENT PARTS 750,093.89 Grand Total Payment Instrument Totals Check Total 750,093.89 Total Payments 750,093.89 PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 05/18/2012 Period Ending Date: 05/12/2012 $52,714.26 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $10,798.96 MN Department of Revenue State Withholding Tax $38,725.11 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $1,898.97 TASC Employee Flex Spending Deductions $6,391.93 TASC Employee Contributions to Heath Savings Account Employer Contributions to Health Savings Account $575.00 MNDCP Employee Contributions - Deferred Comp $1,440.00 ING Employee Contributions - Deferred Comp $1,230.00 ICMA Retirement Trust Employee Contributions - Deferred Comp $636.35 MN Child Support System Employee Deductions $0.00 MSRS - Health Savings Plan Employee Deductions to Health Savings Plan $114,410.58 Total Electronic Funds Transfer ELECTRONIC FUNDS TRANSFERS 5/22/2012 TAX FUND PAYABLE TO AMOUNT FUEL HATS MN DEPT OF REV SALES TAX LIQUOR MN DEPT OF REV $37,770.00 USE TAX PRCE CIVIC ARENA MN DEPT OF REV $862.00 SALES & USE TAX WATER SEWER CREEKSII MN DEPT OF REV $11,273.00 PETROLEUM TAX HATS MN DEPT OF REV $651.28 $50,556.28 f) ) May 17, 2012 Dear City Council Members, At our May 8, 2012 the Council approved proceeding with the National Register of Historic Places designation process for the Harrington - Merrill House that will be considered by the Minnesota Historical Society's State Review Board. As part of that discussion a letter was provided from the Historical Society notifying the city of the pending nomination review meeting. Talking with City Administrator Jeremy Carter and City Attorney Marc Sebora later we thought it best if we also included for the public record a copy of the nomination application submitted by Historic Hutchinson, a copy of "Frequently Asked Questions' about the National Register provided by the State Historical Society, and a page from the Environmental Assessment Worksheet Guidelines that refers to Historic Places (requirement for an EAW was noted in the letter from the Historical Society in the event that the property would ever be demolished). Also included is a copy of the letter of support that was submitted to the State Review Board on behalf of the City Council following council action on May 8 th . Mayor Steve Cook NPS Fonn 10.900 OMB No. 1024 -0015 (Expires 5131/2012) United States Department of the Interior National Park Service National Register of Historic Places Registration Form This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in National Register Bulletin, How to Complete the National Register of Historic Places Registration Fomr. If any item does not apply to the property being documented, enter "N/A" for "not applicable." For functions, architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions. Place additional certification comments, entries, and narrative items on continuation sheets if needed (NIPS Form 10- 900a). 7 Name of Property historic name Merrill Harry , House other names /site number Harrington- Merrill House 2. Location street & number 225 Washington Street W NSA not for publication city or town Hutchinson N/a vicinity state MN code MN county McLeod code 085 zip code 55066 3 State /Federal Agency Certification As the designated authority under the National Historic Preservation Act, as amended, I hereby certify that this _ nomination _ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property — meets _ does not meet the National Register Criteria. I recommend that this property be considered significant at the following level(s) of significance: national _ statewide _local Signature of certifying officialfritle Date State or Federal agencylbureau or Tribal Government In my opinion, the property _ meets _ does not meet the National Register criteria. Signature of commenting official Date Title State or Federal agency /bureau or Tribal Government 4. National Park Service Certification I hereby certify that this property is: _ entered in the National Register _ determined eligible for the National Register _ determined not eligible for the National Register _ removed from the National Register other (explain:) Signature of the Keeper Date of Action (� t h> Merrill Harry House McLeod County, Minnesota Name of Property County and State 5. Classification Ownership of Property (Check as many boxes as apply.) private x public - Local public - State public - Federal Category of Property (Check only one box.) x building(s) district site structure object Number of Resources within Property (Do not include previously listed resources in the count.) Contributing Noncontributing buildings district site structure object Total Name of related multiple property listing Number of contributing resources previously (Enter "N /A" if property is not pan of a multiple property listing) listed in the National Register N/A N/A 6. Function or Use Historic Functions Current Functions (Enter categories from instructions.) (Enter categories from instructions.) DOMESTIC: single dwelling VACANT: Not in use Architectural Classification (Enter categories from instructions.) MID - NINETEENTH CENTURY: Greek Revival Materials (Enter categories from instructions.) foundation: CONCRETE walls: WOOD roof: WOOD other: 2 �(h) Merrill, Harry, House Name of Property McLeod County, Minnesota County and State (Describe the historic and current physical appearance of the property. Explain contributing and noncontributing resources if necessary. Begin with a summary paragraph that briefly describes the general characteristics of the property, such as its location, setting, size, and significant features.) Summary Paragraph The Harry Merrill House is the oldest wood- framed structure in the city and one of the oldest in McLeod County. It is located in Hutchinson, Minnesota, a city of 13,000 residents in the central region of the state. The two -acre lot is situated two blocks west of the downtown commercial district (Minnesota State Highway 15) and two blocks south of the Crow River. Generally a residential area, Park Elementary School occupies a city block to the immediate south. Narrative Description The house was built in 1858 by Lewis Harrington, one of Hutchinson's earliest settlers. The lot is wooded and the house is set back from the street on a slight hillock (Photo #001). A site analysis noted the integrity of setting: "Set at the top of Hutchinson's highest hill, the Harrington's land sloped northward to Crow River that, in the 19th century, was likely marshy and may have flooded up to Franklin St. in the spring. A remnant Big Woods oak/maple canopy covered the hillside, much of which remains today in the neighborhood and on the site. "' The central core of the building is a two -story, Greek Revival house, completed in 1858 (Photos #002, #003, #004, #005). Key architectural elements include the front gabled entrance, facing east, with a moderately - pitched roof, with wide cornice lines ornamented with modillions. The one -story, shed -roof, front entry porch has been restored, as has the main entry door with a narrow transom and sidelights. Windows throughout are generally replacements. After Harry and Martha Harrington Merrill acquired the house, following their marriage in 1886, the building was altered to reflect the new architectural fashions. A two -story bay window and one -story box bay window (with scroll brackets) were added on the south elevation. A one -story summer kitchen wing was added to the west side of the house sometime in this period (see Figure 3). Various other alterations also occurred in the years between 1890 -1915, including the addition of a screened pavilion on the south and a bedroom on the north. Their son, Lewis Harrington Merrill, brought new tastes to the house after World War L The bays lost their Victorian detailing and the two -story bay became a one -story entry. The summer kitchen was removed and the porch portion of the kitchen wing was again altered and a second dormer window added (see Figure 4). Fire in 2002 substantially damaged the west wing of the home. The property was acquired by the City of Hutchinson late in 2003 through the tax forfeiture process, and a local committee was formed in 2004 to manage the property. This committee completed the following changes: • The kitchen wing on the west side was demolished and portions of the fire- damaged interior of the main house were removed. The kitchen wing was then restored based on early photographs. • The structure was lifted and the foundation was removed and replaced with a new concrete base. • The east porch was removed and replaced with the current porch, based on early photographs of the house. A chimney, installed in the 20th century, was also removed. A 1 %, -story barn- carriage house stands to the west of the main house (Photos 4007 and #008). This dates from around 1880. The main block has a front gabled rectangular plan, with a 1 -story, shed roof addition (after 1894) on the west. The structure has novelty siding with the roof sheathed in asphalt shingles. The south elevation shows two garage -type entries with roll -up doors, plus two upper windows, now boarded. There is a batten door on the west side, and a sliding farm entry door on the north side. Overall, except for the garage doors, it retains good integrity. On the far west edge of the property, there is evidence of the foundation of a bam, which is considered to be a contributing resource to the property. The rectangular plan is delineated by stones that remain in the ground, measuring ' Claybaugh Preservation Architecture, The Harrington - Merrill House Restoration (Hutchinson, Minn.: Historic Hutchinson, Inc., 2006), 4. • McLeod County Minnesota Merrill Harry . House county and state Name of Property roughly 30 x 30 feet (Photo #009). Given Harry Merrill's interest in agriculture and gardening, this site contributes to our understanding of the owner. Integrity The period of significance is a benchmark for determining whether subsequent changes contribute to or detract from historic integrity. Alterations introduced after the period of significance generally detract from integrity. In the case of the Merrill House, the house has seen numerous incremental changes over the years. The building has undergone a series of small scale alterations (except for the kitchen wing) that leave the original form and plan of the house relatively intact in the elevation, mass, and spatial relationship between the house and street. The new material visually approximates the house's original material, design, and workmanship. The property retains integrity of location and setting, still on the hillock in the "grove" as the lot was called in a town history. The front yard, sloping down to Washington Street with its entry loop drive, evokes nineteenth century photographs of the property and is a defining feature. The west portion of the property, with its carriage house and barn foundation, represents Harry Merrill's avocation of gardening and horticulture. Taken together, these property characteristics offer a sense of its feeling and association from its period of significance. q Merrill Harry House Name of Property McLeod County Minnesota County and State 8 Statement of Significance Applicable National Register Criteria Areas of Significance (Mark "x" in one or more boxes for the criteria qualifying the property (Enter categories from instructions.) for National Register listing.) EDUCATION _- ❑ A Property is associated with events that have made a significant contribution to the broad patterns of our history. a B Property is associated with the lives of persons significant in our past. ❑ C Property embodies the distinctive characteristics of a type, period, or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual distinction. F D Property has yielded, or is likely to yield, information important in prehistory or history. Criteria Considerations (Mark "x" in all the boxes that apply.) Property is: A Owned by a religious institution or used for religious purposes. B removed from its original location. C a birthplace or grave. D a cemetery. E a reconstructed building, object, or structure. F a commemorative property. G less than 50 years old or achieving significance within the past 50 years. Period of Significance 1886 -1932 Significant Dates 1886 Significant Person (Complete only if Criterion B is marked above.) Harry Merrill Cultural Affiliation NIA ArchitectlBuilder N/A Period of Significance (Justification) The period of significance includes the years that Harry Merrill and his wife owned the property. Criteria Considerations (explanation, if necessary) r� o� Merrill Harry House McLeod County, Minnesota Name of Property County and State Statement of Significance Summary Paragraph (Provide a summary paragraph that includes level of significance and applicable criteria.) Harry Merrill was likely the single most important educator in Hutchinson's distinguished history, having served as superintendent of schools for thirty-three years. Indeed, on his death, the Hutchinson Leader (July 5, 1932) declared, "[His passing] removes one who probably exerted more profound influence upon the community than any other one person." The Harry Merrill House's association with his contributions to education recommends it for the National Register of Historic Places under Criterion B. The house is locally significant in the area of Education. Suggesting the close link between his home and professional career, three schools were constructed on the public land locatedjust south of the property. The period of significance begins in 1886, when Merrill moved into the house following his marriage to Martha Harrington, daughter of the home's first owner. It ends with his death in 1932. Narrative Statement of Significance (Provide at least one paragraph for each area of significance.) See attached continuation sheet. Developmental history/additional historic context information (if appropriate) 9 Major Bibliographical References Bibliography (Cite the books, articles, and other sources used in preparing this form.) Curtiss - Wedge, Franklyn, ed. History of McLeod County, Minnesota. Chicago: H. C. Cooper, 1917. Illustrated Album of Biography of Meeker and McLeod Counties, Minnesota. Chicago: Alden, Cole & Company, 1888. Jordan, Philip D. "The Hutchinson Family in the Story of American Music," Minnesota History 22 (June 1941): 113- 132. Prendergast, William. "Sketches of the History of Hutchinson," Collections of the Minnesota Historical Society 10 (1901): 69 -89. Archival Records Harrington- Merrill Papers, Minnesota Historical Society, Saint Paul, Minnesota. Newspaper Hutchinson Leader Previous documentation on file (NPS): Primary location of additional data: determination of individual listing (36 CFR 67 has been X State Historic Preservation Office _preliminary requested) _Other State agency _y reviousty listed in the National Register _Federal agency determined eligible by the National Register _Local government _previously a National Historic Landmark _University _designated by Historic American Buildings Survey 0 Other _recorded by Historic American Engineering Record S Name of repository: _recorded recorded by Historic American Landscape Survey A � ( V-\) Merrill Harry House Name of Property Historic Resources Survey Number (if assigned): McLeod County Minnesota County and State 10. Geographical Data Acreage of Property 2 acres (Do not include previously listed resource acreage.) UTM References (Place additional UTM references on a continuation sheet.) 1 15 391560 4971958 3 Zone Easting Northing Zone Easting 2 Zone Fasting Northing Zone Easting Verbal Boundary Description (Describe the boundaries of the property.) Northing Northing The nominated property is described as McLeod County Parcels R 23.056.2875, R 23.072.0020, R 23.082.0040, and R 23.082.0070. Boundary Justification (Explain why the boundaries were selected.) The boundary of the nominated property includes the parcel of land historically associated with the house. 11. Form Prepared B name /title Daniel J. Hoisingto organization date March 14, 2012 street & number P. O. Box 13790 telephone 651 -415 -1034 city or town Roseville state MN zip code 55113 _ e -mail preservationgedinborough.com Additional Documentation Submit the following items with the completed form: Maps: A USGS map (7.5 or 15 minute series) indicating the property's location. A Sketch map for historic districts and properties having large acreage or numerous resources. Key all photographs to this map. • Continuation Sheets Additional items: (Check with the SHPO or FPO for any additional items.) Photo ra hs: Submit clear and descriptive photographs. The size of each image must be 1600x1200 pixels at 300 ppi (pixels per inch) or larger. Key all photographs to the sketch map. q (k� Merrill, Harry, House Name of Property See attached continuation sheet. McLeod County, Minnesota County and State Property Owner: (Complete this item at the request of the'SHPO or FPO.) name street & number city or town telephone state Paperwork Reduction Act Statement This information is being collected for applications to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing, to list properties, and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act, as amended (16 U.S.C.460 at seq.). Estimated Burden Statement: Public reporting burden for this form is estimated to average 18 hours per response including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the forth. Direct comments regarding this burden estimate or any aspect of this form to the Office of Planning and Performance Management. U.S. Dept. of the Interior, 1849 C. Street, NW, Washington, DC. V � (k� NPS Fonn 10 -900 -a (Rev. 0112009) OMB No. 1024-0018 (Expires 51312012) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number. 8 oaael Name of Property: Merrill, Harry, House County and State: McLeod County, MN Name of Multiple Property Listing (If applicable) 8. NARRATIVE STATEMENT OF SIGNIFICANCE Historical Background The Merrill House was completed in 1858 by one of Hutchinson's founders, Lewis Harrington, and survived an attack on the town during the U.S.-Dakota War of 1862. The Minneapolis Tribune called it "perhaps the most famous house in western Minnesota. "' Lewis Harrington (1830 -1884) was born in Ohio. After graduating with a civil engineering degree from Ohio University, he surveyed for railroads in Ohio and Pennsylvania until a visit to his brother, who lived along Lake Minnetonka, prompted him to move to Minnesota in 1855. Uncertain about where he would settle, he attended a meeting at the home of John Stevens. There, he met the Hutchinson brothers — Asa, John, and Judson — for the first time. The Hutchinson Family Singers were a family singing group, and, in 1855, stood near the peak of their fame, among the most popular American entertainers of the era. They also had a reputation as reformers and advocates of antislavery, temperance, and gender equality. Although New Englanders, they were looking to the Midwest for a new home. In September 1855, while on a concert tour aimed to raise funds for anti - slavery settlers in Kansas, they were introduced to W. W. Pendergast, who convinced them to come to Minnesota.' With Harrington and other interested investors, they formed the Hutchinson Company. Several members of this company traveled to the vicinity of the South Fork of the Crow River and selected a townsite in November 1855. With the site selected, the singers gathered in a "delightful grove" along the river and led the party in "The Star- Spangled Banner." A few days later, the Hutchinson Townsite Company adopted a constitution and bylaws for the new town. It declared, "No lot shall ever be occupied by any building used as a saloon, bowling alley, or billiard room." Furthermore, "in the future of Hutchinson, woman shall enjoy equal rights with man." Lots were reserved for public parks and schools. As the St. Anthony Express stated, "The town is to be on the liberal order. "' ' Minneapolis Tribune, newspaper clipping, n.d., Harrington-Merrill Papers, Minnesota Historical Society, Saint Paul, Minn. The clipping dates from 1922 when the state historical society acquired diaries kept by Lewis Harrington. ' Harry L. Merrill, "Hutchinson," typescript, n.d., Harrington- Merill Papers, Minnesota Historical Society, Saint Paul, Minn. ' William Pendergast, "Sketches of the History of Hutchinson," Collections ofthe Minnesota Historical Society 10 (1901): 69 -89; Philip D. Jordan, "The Hutchinson Family in the Story of American Music," Minnesota History 22 � C�� NIPS Form 10 -900 -a (Rev. 0112009) OMB No. 1024 -0018 (Expires 5131 /2012) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number. 8 oaae:2 Name of Property: Merrill, Harry, House County and State: McLeod County, MN Name of Multiple Property Listing (If applicable) Lewis Harrington played a central role in the company and the new town. In the bylaws, he was hired to survey the town and manage the sale of lots to settlers. In May 1856, he helped survey and build a road, with bridges, from Watertown. He also served as the city's first postmaster. Harrington erected his first home in 1855, constructing a cabin in five days.' He married Ellen Pendergast — daughter of another of the city's founders — two days after Christmas 1857. With a child soon on the way, Harrington built this house "in the grove" in 1858. Active in politics, during the 1860 presidential election, Harrington hosted Senator Carl Schurz and Congressman Galusha Grow, author of the Homestead Act, at his home as they stumped for Abraham Lincoln.' Only a few years later, the future of the town was threatened during the U.S.- Dakota War of 1862. In early September 1862, forces under Little Crow attacked Hutchinson. Citizens hastily erected a stockade around the center of town and chose Lewis Harrington as captain of the local militia. His house was located outside the stockade, but managed to survive while many other structures were burned to the ground. The home served as temporary barracks for soldiers through the following winter.' Harrington continued to work as a surveyor and engineer, and later served in the state legislature. According to his son -in -law, Harry Merrill, he was the first surveyor of Hennepin County and "must have surveyed every road leading west of Minneapolis to Glencoe through Eden Prairie [and] the Old Territorial Road to Fort Ridgley." He worked for several early settlers, including the Pond brothers (influential Presbyterian missionaries to Minnesota), Col. John Stevens (owner of Minnesota's first house west of the Mississippi), and Pierre Bottineau (an important early surveyor in Minnesota). He was elected McLeod County Commissioner in 1857 and served as Justice of the Peace, 1858- 1860.' He died in 1884 while on a surveying project in Washington State. A local historian wrote of Harrington: "As one of the founders of Hutchinson it may be said that in all the enterprises for the right building of the community, he was a central figure. A bom leader, men naturally appealed to his clear judgment and good will. His influence is stamped on the community he helped to found." Liberty Hall, the editor of the Glencoe Register joined the chorus of praise, stating: "For nearly thirty years Mr. (June 1941): 113 -132; John Wallace Hutchinson, The Story of the Hutchinson (Boston: Lee and Shepard, 1896), 342. " Lewis Harrington Diary, December 9, 1855, Harrington - Merrill Papers, Minnesota Historical Society. Grow would be elected Speaker of the House of Representatives in 1861. ' Franklyn Curtiss - Wedge, ed., History of McLeod County, Minnesota ( Chicago: H. C. Cooper, 1917), 51. ' See Pendergast, "Sketches of the History of Hutchinson," 80.89. r Harry L. Merrill, "Fragments of Notes," typescript, n.d., Harrington - Merrill Papers, Minnesota Historical Society. NPS Form 10 -900a (Rev. 0112009) OMB No. 1024 -0018 (Expires 5/312012) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number. 8 oaow3 Name of Property: Merrill, Harry, House County and State: McLeod County, MN Name of Multiple Property Listing (If applicable) Harrington has stood in the very front rank of the more prominent men of McLeod county, and his name is written on every page of its history. " Harry Merrill, Educator Lewis's daughter, Martha, and her husband, Harry Merrill, subsequently owned the home. Merrill, a native of Maine and graduate of Bates College, came to Hutchinson in 1882 to serve as school superintendent. He replaced William Pendergast, who had managed the district for nearly twenty -five years and would go on to become state instructor of public instruction from 1893 to 1899. It was a pivotal time, as a historian noted, "The year that Mr. Merrill began his duties was the year that the Minnesota high school law went into effect, giving special aid and designating the character of the schools entitled to receive it. Hutchinson was among the first to go on the list s On his arrival in Hutchinson, he contracted pneumonia, and was nursed back to health by Ellen Harrington and her daughter, Martha. Four years later, in 1886, he married Martha— a schoolteacher — and both were feted with a reception on the home's lawn. The occasion brought together some of the founders of the city, as the local newspaper reported: Dinner was announced but before leaving the house Uncle John Hutchinson was asked to sing. He responded in his pleasing manner, and then, forming in couples, the entire company led by the newly married couple, sought the shade of the gigantic oaks, which fill the grounds and were seated at a table, which fairly groaned under the load of eatables that has been placed upon it. Before leaving the table the gray haired pioneer, John Hutchinson, was called on for a song. He responded and prefaced the song in which he was accompanied by O. D. Hutchinson, with some remarks speaking of pioneer life and saying that in almost the same spot on which we were now enjoying the wedding feast he in the company with others kindled the first fire stared by a white man in Hassan Valley. 10 'Curtiss-Wedge, ed., History of McLeod County, 518; Liberty Hall quoted in Illustrated Album of Biography of Afeeker and McLeod Counties, Minnesota (Chicago: Alden, Cole & Company, 1888), 548; St. Paul Daily Globe, August 25, 1884. His widow, Ellen, remained in the house until her death in 1915. 9 Curtiss - Wedge, ed., History of McLeod County, 525; 374 -375. Pendergast would be become Merrill's uncle following his marriage in 1886. 10 Hutchinson Leader, June 21, 1886. 9 o), NPS Farm 10 -900 -a (Rev. 0112009) OMa No. 1024-0018 (Expires 513112012) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number. 8 oaoe:4 Name of Property: Merrill, Harry, House County and State: McLeod County, MN Name of Multiple Property Listing (If applicable) Ellen Pendergast Harrington continued to live here until her death in 1915; so new rooms were added on the north side of the house for the young couple. These rooms were later removed. The Merrills used the home for school functions, and often took in students who worked for room and board." Merrill had a substantial impact on his adopted hometown, holding the post of superintendent for thirty- three years. As was the usual practice, he continued to teach classes while serving in the administrative position. His influence is measured by traditional standards of education. When he arrived in 1882, the town of some 700 citizens had 150 enrolled pupils and three teachers. On his retirement, there were 800 students and twenty -eight teachers. Three school buildings were erected during his years, including a new high school that opened in 1912 and was named after the superintendent." Merrill came at a crucial time, as the city's schools responded to new state educational initiatives. Although the first high school in the state opened in 1852, there were only thirty-nine in all of Minnesota in 1882 when Hutchinson opened its secondary school and Merrill began his tenure in Hutchinson." Especially in a farm - oriented community, Merrill's most important task might have been to get students to attend. In 1885, the state adopted mandatory attendance through age eighteen, but with a major exemption for young people needed to work on farms. According to reminiscences from students, he often paid visits to parents to persuade them to leave their child in school. Assessing his impact on the school system, George Afton, state inspector of high schools for more than twenty years, noted, Hutchinson is somewhat distinctive for the large enrollment in the high school as compared with the whole number of pupils in the school system. Considerable of this is due to the fact that the community has been educated against taking children out of school in the seventh and eighth grades, and to the attraction a good high school has for children from the country, but credit must be given, too, to the personality of the superintendent. This might be reflected in a statistic from 1912, when a Minnesota survey showed that McLeod County was the only one outside of Ramsey and Hennepin to send more than eighteen students to universities and colleges per 10,000 inhabitants. " His son remembered, "The student generally began in their freshman year and stayed there through his senior year." "Remarks regarding his Father," Lewis Merrill, transcript of interview with Daniel Jenson, 1958, Harrington- Merrill Papers, Minnesota Historical Society. 12 The Merrill School suffered a fire in 1975 and was subsequently demolished. Hutchinson Leader, June 13, 1975. " Curtiss- Wedge, ed., History of McLeod County, 374. Under an 1881 act, state aid was given to districts that offered high school classes. Hutchinson was one of the first to qualify. 14 Minneapolis Sunday Tribune, June 20, 1913. NPS Form 10 -900 -a (Rev. 0112009) OMB No. 1024-0018 (Expires 513112012) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number. 8 oaae 5 Name of Property: Merrill, Harry, House County and State: McLeod County, MN Name of Multiple Property Listing (If applicable) In 1878, Minnesota enacted its first law providing state funds for each high school that maintained a minimum course of study. Of course, that carrot opened the doors for educators to take a greater interest in establishing that "minimum course of study." Modes of education expanded, notably in domestic science, agriculture, physical education, and industrial arts classes. These programs were encouraged by the state, and Hutchinson was an early adopter, especially notable in a rural community. An article in the Minneapolis Tribune noted, "Merrill guided the school through its evolution from the three `R' stage into an institution wherein every stage of life is considered.... When manual training courses began to elbow their way into school curricula, he was ready for them. So with physical education, domestic science, agriculture." 15 After the state authorized vocational training through the Putnam Act of 1909 and the Benson -Lee Act of 1911, Merrill began agriculture, manual training, and domestic classes in Hutchinson. Comments from former students suggest that he was not just an administrator, but remained closely involved in the details of course instruction. He insisted on practical education, and his methods were referred to as "Harry Merrill's way." For example, he was "adverse to cluttering up the domestic science department with a lot of equipment such as was unknown in the homes of the children of Hutchinson." Rather than sew outfits from fashion magazines, young women learned patching and darning skills. The school system also began a commercial program in 1913, offering classes in shorthand, bookkeeping, typewriting, and salesmanship. His influence extended beyond Hutchinson through the teachers trained at the Hutchinson Normal School. Although Minnesota began a teacher training program in 1894, it remained relatively low -key until 1909, when the state superintendent issued guidelines that exempted its graduates from teachers' examination. Minnesota's program was "planned to train students directly for the country school experience" and required "training centers located and organized to most effectively serve the state." At its peak, in 1924, ninety-six departments had been established in sixty-five counties across the state.n The students were typically eighteen to twenty-one-year-old women who had grown up in rural communities or on a farm. is The curriculum was a mix of instruction and practice teaching. A state report described the duties of the department: is Minneapolis Tribune, June 6, 1915. 16 Minneapolis Tribune, June 6, 1915; Curtiss - Wedge, ed., History of McLeod County, 374 -75. 11 H. E. Flynn, Inspector of Teacher Training Departments, in State of Minnesota, Department of Education, Report, Teacher Training Departments in High Schools, 1920 (Saint Paul, Minn.: Department of Education, 1920): 3. " Minnesota Department of Education. Teacher Training Dept., "Records of Teacher Training Departments, 1920- 1936" folder, Minnesota Historical Society; Dodge County Republican, October 14, 1920. 9 chi NPS Form 10 -900 -a (Rev. 01/2009) OMB No. 1024 -0018 (Expires 5/3112012) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number: 6 oa0e Name of Property: Merrill, Harry, House County and State: McLeod County, MN Name of Multiple Property Listing (If applicable) The training teacher is expected to teach physiology, school management, rural sociology, both special and general method, to supervise and organize practice teaching, either in the grades or a demonstration school, to give her students an insight into rural life and its needs, and to inspire them with enthusiasm for teaching in the country, to visit former graduates and confer with them on their work; and to conduct an information bureau for the rural teachers for miles around." The teacher's responsibility went well beyond simple classroom instruction, as described, "She is also expected to participate in the affairs of the school in which the department is located, write papers for the country teachers' institute, speak at farmers' clubs, and attend rural life conferences." In addition, "The training teacher can be relied upon to cooperate fully in promoting, under guidance of proper authority, garden and canning club work, Red Cross activities, thrift work clubs, conservation measures. "2o There were few professions open to a woman living in rural Minnesota, and this program was especially attractive since it did not require (in fact, discouraged) relocation to the city. Indeed, one observer noted the popularity of the state program "because they permit girls to receive training who could otherwise have none. "n Beginning in 1912 Merrill initiated a Normal School in association with the high school — the only such school in McLeod County, and for more than two decades, many of its graduates staffed rural schools in the surrounding area .21 A measure of Merrill's influence on education is seen in the respect that he had within the profession, evidenced by his time as president of the Minnesota Education Association in 191415. Following his rfirement in 1915, he worked with the Teachers Retirement Fund, a program begun during his tenure as president. 19 Lotus D. Coffman, Teacher Training Departments in Minnesota High Schools (New York: General Education Board, 1920), 20. ° Ibid., 10. 2' Lotus D. Coffman, Teacher Training Departments in Minnesota High Schools, 75; also see Liberty Hyde Bailey, "Women's Place in the Scheme of Agricultural Education" in The Cornell Reading- Courses: Lessonfor the Farm Home 2 (April 1, 1913). 22 Hutchinson Leader, August 23, 1912, May 15, 1915; H. E. Flynn, Minnesota Department of Education, Report, Teacher 7Yaining Departments in High Schools, 1920, 3; also, Minnesota Department of Education, Statistical Tables Relating to Teacher Training Departments in High Schools (Saint Paul, Minn.: Department of Education, 1920), 10 -24. r)( V� NIPS Forrn 10 -900 (Rev. 0112009) OMB No. 1024 -0018 (Expires 5131 /2012) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number. 8 oaa , 7 Name of Property: Merrill, Harry, House County and State: McLeod County, MN Name of Multiple Property Listing (If applicable) For all the professional advancement made under Merrill, former students most often remembered him as a role model, beginning an honor system in the high school, and introducing Boy Scouts to town in 1911. A local historian noted, "From nearly every home in the locality, children have come to him for instruction, and some of the best known and most successful men in the state, and some of its most useful and admired women, have gone out from this school.s The Minneapolis Journal, reporting on his reception honoring his thirty-three years of service, noted, "Mr. Merrill is in reality what he is sometimes termed, the foster parent of the town." The room was filled with "prosperous appearing businessmen, distinguished looking physicians and attomeys, college professors and men and women from all vocations. [All] there to pay their respects to 'teacher. 11,24 At the end of the next school year, when he retired, the Hutchinson newspaper was just as generous, stating that Merrill was "rich in the love and gratitude of the community," and that "he will retire with the well wishes of every man, woman, and child in the community.i 8 Merrill was also a civic leader. In later years, he wrote, "With me in going to Hutchinson, I took along the New England idea that the place where I was to teach school was to be home for me. I never could see why the school superintendent should not take root in a community and make it his home just as well as the banker, the lawyer, the doctor, the grocer, and the plumber." To that end, he served in numerous posts, including president of the Electric Light Company and president of the Commercial Club. As a politician, he held the post of city councilor for several years, but was defeated in his only run for the state legislature. Merrill and his wife, Martha, were elected as members of the city's first library board in 1901. During his tenure, he served on the committee that acquired funds from Andrew Carnegie for a library building, completed in 1904. Merrill's avocation was farming. His son, Lewis, remembered, "Father always had a large garden." He also recalled, "In Maine, everyone had a big orchard, so he started putting in apple trees on the north slope of our place until he had a sizeable orchard." Harry also owned a small farm, located just north of Hutchinson, where he raised prize chickens. His personal interest, as was often the case, found its way into the schoolroom. One writer noted that Merrill's home garden "had no little to do with the success of the agricultural department of the Hutchinson high school, a department said to have more students yearly " Curtiss - Wedge, ed., History of,VcLeod County, 525 -526. 24 Minneapolis Journal, November 29, 1914. 25 Hutchinson Leader, June 5, 1915. 26 Hutchinson Leader, July 5, 1932; Minneapolis Sunday Tribune, June 20, 1913; Minneapolis Tribune, June 6, 1915. Merrill was subject of several stories in the Tribune, encouraged by the city editor, Harry Wakefield, a former student. 9 (k� NPS Form 10 -900a (Rev. 0112009) OMB No. 1024 -0018 (Expires 51312012) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number. 8 oaawil Name of Property: Merrill, Harry, House County and State: McLeod County, MN Name of Multiple Property Listing (If applicable) than any other of its kind in the state.... [Merrill] could see the connection between spelling `botinney' and weeding the garden. "" Harry Merrill died in 1932, followed by his wife, Martha, in 1945. On his death, the Hutchinson Leader declared, "[His passing] removes one who probably exerted more profound influence upon the community than any other one person. Subsequent History Harry and Martha's son, Lewis, born in October 1887, was the next owner of the house. Following in his grandfather's footsteps, he earned a degree as a civil engineer and subsequently worked for the Milwaukee Road and the Luce Line. Lewis served as both Hutchinson city engineer and McLeod County surveyor, also working with nearby communities as a consulting engineer. His engineering career took a brief break in 1940, when he was appointed Minnesota Game and Fish Commissioner by Governor Harold Stassen. He died in 1970. The house fell into disrepair, and in 2002, a fire destroyed the kitchen wing and severely damaged the interior of the rest of the house. The property was acquired by the City of Hutchinson late in 2003 through the tax forfeiture process. Managed through the city's park system, a local committee supervises its upkeep and interpretation. Conclusion Few people have had the impact that Harry Merrill had on Hutchinson — a fact that was said over and over by his contemporaries. Entrusted, through marriage, with one of the county's oldest homes, Merrill and his wife made changes that transformed the house from the Greek Revival home of Lewis Harrington into the late nineteenth century style of residence as it appears today. On the spacious grounds, they planted trees and maintained a garden. More importantly for Merrill's vocation, he lived across the street from the city's public schools, including the 1912 high school that was named after him. That building is no longer extant — indeed, no school buildings remain from Merrill's years of service. His home reflects his educational career and his personal interests, and so is eligible for the National Register of Historic Places as locally significant under Criterion B. 27 Lewis Merrill, transcript of interview with Daniel Jenson, 1958, Harrington - Merrill Papers, Minnesota Historical Society. ' ' x Hutchinson Leader, July 5, 1932. 29 Hutchinson Leader, December 12, 1960. 9(�) NPS Forth 10 -900 -a (Rev. 01/2009) OMB No. 1024-0018 (Expires 513l/2012) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number. Additional Documentation oaoe� 1 Name of Property: Merrill, Harry, House County and State: McLeod County, MN Name of Multiple Property Listing (If applicable) PHOTOGRAPHS: Name of Property: Harry Merrill House City or Vicinity: Hutchinson County: McLeod County State: MN Name of Photographer: Daniel J. Hoisington Date of Photographs: October 2011 Location of Original Digital Files: 122 Demont Avenue E, Little Canada, Minnesota Photo #1 (MN McLeod County_Harry Merrill House _0001) House and carriage house, south elevations, camera facing northeast. Photo #2 (MN_ McLeod County_ Harry Merrill House _0002) South elevation (left) and east facade, camera facing northwest. Photo #3 (MN_ McLeod County_ Harry Merrill House _0003) North elevation (right) and east facade, camera facing south southwest. Photo #4 (MN_ McLeod County_ Harry Merrill House _0004) North elevation (left), camera facing southeast. Photo #5 (MN_ McLeod County_ Harry Merrill House _0005) West elevation (left) and south facade, camera facing north northeast. Photo #6 (MN McLeod County_ Harry Merrill House _0006) Interior, first floor stairs, camera facing northwest. Photo #7 (MN_ McLeod County_ Harry Merrill House _0007) Carriage house, west elevation (left), camera facing northeast. Photo #8 (MN_ McLeod County_ Harry Merrill House _0008) Carriage house, north elevation (right), camera facing southwest. Photo #9 (MN_ McLeod County_ Harry Merrill House _0009) Barn, stone foundation, camera facing southwest. � N) NPS Form 10-900-a (Rev. 0 112 G09) United States Department of the Interior National .''-,.^.'` OM B No. 1024-M 18 Nat*ional Register of H'istoric Places Cont'inuation Sheet . . 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The answers are brief and are intended to address a wide range of questions. You may direct more specific questions to the State Historic Preservation Office. NATIONAL REGISTER GENERAL PROGRAM QUESTIONS: What does it mean to me to have my property listed in the National Register? It means that your property has been documented and evaluated according to federal standards and listed in the National Register because it is significant in American history, architecture, archaeology, engineering or culture. When my property is listed in the National Register, is it preserved forever? Listing a property gives it recognition and may change the way people or communities view historic properties. The National Register is sometimes criticized because it does not bring greater protection. Listing does not interfere with an owner's right to alter, or dispose of their property if they use their own money. The Preservation Office encourages owners of historic properties to contact the office if they have questions about changes they are thinking of making to their property. Staff would like to work with them so that the changes respect the historic character of the property. Does listing in the National Register protect my property during Federal or State projects? Projects undertaken, funded, licensed, or permitted by Federal agencies are reviewed by the Preservation Office to determine if they will affect properties which are listed in the National Register or eligible for listing in the National Register. The Preservation Office also reviews projects undertaken, funded or licensed by State departments and agencies which may affect a property which is listed in the National Register. It is the responsibility of the Federal or State agencies to notify the Preservation Office of proposed projects. Ways are then discussed to protect the property or mitigate the effects of the project on it. Is additional maintenance required once a property is listed in the National Register? No. The property owner may maintain the property as they choose following local requirements. Am I required to open my property to the public when it is listed in the National Register? me CHANGES TO NATIONAL REGISTER PROPERTIES: Are covenants put on the deed when the property is listed in the National Register? No 9 (k) Can 1 request to have my property removed from the National Register? Properties are removed from the National Register only if they lose the qualities they had at the time of listing. Properties have been removed if they have been destroyed by fire or storms, or have been substantially altered. Properties are automatically removed from the Register if they have been moved. Can I demolish my property if it's listed in the National Register? Yes, however, the rules of the Minnesota Environmental Quality Board (EQB) require the responsible governmental unit (RGU) to complete an Environmental Assessment Worksheet (EAW) before a property, which is listed in the National Register is destroyed. For further information contact the EQB at 651 - 201 -2477 or online at www.egb.state.mn.us. THE NATIONAL REGISTER AND FINANCES: Can my property be sold? Can it be given to my heirs? Yes. It is not required that the Preservation Office be notified when National Register property is sold, purchased, or inherited. Are my property taxes reduced if my property is listed in the National Register? There is no property tax relief for National Register properties in Minnesota. While some states have such programs, Minnesota does not. Do I get a tax credit if I fix up my property? A property owner can apply for a 20% tax credit on their federal income tax if they rehabilitate a property, which is listed in the National Register and is income producing (commercial or rental). It is required that the rehabilitation follow the Secretary of the Interior's Standards for Rehabilitation. Contact the Preservation Office for more information. Rehabilitation of a private, owner occupied residence does not qualify for tax credits. Information on the federal tax credit is available online at: http: / /www.nps.gov /history /hps /tps/tax The Minnesota Historic Structure Rehabilitation Tax Credit offers a 20% state tax credit for qualified historic rehabilitations, and must be used in conjunction with the existing federal rehabilitation tax credit. Information on the state tax credit is available online at: http //www mnhs org /shoo grants/ mnhistoricstructurerehabilitationstatetaxcredit .htm Am I automatically entitled to grants if my property is listed? Federal grants are currently unavailable. If federal funding levels increase, and grants are once again available, only National Register listed properties will be eligible to apply. Non - profit organizations and local units of government can apply for State Grants. Here again, properties must be listed in the National Register to be eligible. Information on state Grants is available at: http: / /www.mnhs.org /shoo /grants Sometimes grants can be available at the local level. It is important to check with your local housing assistance programs to inquire if funds are available. r) C k) Are low interest loans or mortgages available if my property is listed? The Preservation Office does not manage a low interest loan or mortgage program. It is important to check with local housing assistance programs or financial institutions to determine if low interest financial assistance is available. THE NATIONAL REGISTER AND GOVERNMENT: If a property or a historic district is listed in the National Register, does this require the local government in which the property or district is located to form a Heritage Preservation Commission (HPC)? No. The decision to create an ordinance which would establish a preservation commission rests entirely with the local government and its residents. If my property is listed in the Register are there provisions in building codes which affect my property? A property listed in the National Register is not exempt from state and local building codes. The local building inspector may allow some variance for significant historic building features that do not meet modern building codes provided the features do not pose a health or safety hazard. Interpretation is at the discretion of the local building official. How does the American with Disabilities Act affect National Register properties? If a National Register property is open to the public, ADA calls for the building to meet basic levels of accessibility for people with disabilities. While the law requires the removal of certain barriers, it does have special provisions for historic structures where changes would destroy a building's significant historic features. State Historic Preservation Office Minnesota Historical Society 345 Kellogg Boulevard West St. Paul, Minnesota 55102 -1906 651 - 259 -3450 November 2004; June 2005; November 13, 2009; August 13, 2010; April 11, 2011 Guidance for certain types of projects Chapter amphibians and birds; extent of past disturbance. It may be help- ful to display this information in maps or sketches. The changes in the stream bed and flow conditions due to the projects must be discussed including estimates of the conse- quences for flora and fauna. ■ 12. Include a detailed explanation of how and when excavation will be done; where the spoils will be deposited; measures to be taken to protect the rest of the stream from sedimentation during construction; and measures to stabilize the new channel and spoils to prevent erosion after construction. ■ 14. If the stream is surrounded by designated shoreland, flood plain, wild or scenic river zones, discuss the project compatibility with the requirements of applicable zoning codes. ■ 16. Generally, the response to this item should be covered by the response to item 12. If the excavation acreage and cubic yardage were not previously given, present that information here. Wetlands and protected waters Subpart 27. A great variety of project types may require review under this mandatory category, so giving specific guidance is difficult. If the project fits under another mandatory category, regardless of whether the project exceeds that threshold, any guidance given for that category should also be considered. With respect to impacts on wetlands and protected waters, par- ticular attention should be given to items 11 and 12: ■ 11. A description of the existing wetland or water body should be given including the types and distribution of vegetation. Ani- mal life known to frequent the site should be indicated. A description of the wetland or water body after the project should be given. Estimates of the effects on plant and animal communi- ties must he given; DNR area wildlife personnel may be able to help in this assessment. If compensatory creation or restoration of other wetlands will be done to mitigate the overall impact of the project, this may be described here or at item 31. ■ 12. Describe in detail the physical changes to be made in the wetland or water body, including timing of work; methods of work; volumes, composition and placement of excavated materi- als or fill materials; and mitigation measures to prevent erosion and sedimentation. Animal feedlots A special customized EAW form that applies only to animal feed- lots was developed by the EQB in 1999. This customized form should be filled out in preparing feedlot EAWs. Forms and guid- ance are available at the EQB homepage of the Minnesota Planning website (www.mnplan.state.mn.us), from the EQB staff, the Pollution Control Agency and many county feedlot officers. The Mandatory EAW thresholds and other aspects of feedlot environmental review rules was amended effective October 11, 1999. For more information go to the EQB website homepage. Subpart 29. The proposer is advised to consult the PCA Metropoli- tan, North or South Planning units or the county feedlot officer for guidance prior to initiating work on the EAW. Natural areas Subpart 30. If the DNR is the RGU for the project the proposer should consult with the DNR Environmental Review and Assis- tance Unit staff for guidance before initiating work on the EAW. One of the primary concerns about a project reviewed under this mandatory category will be its compatibility with the manage- ment plan for the natural area being affected. This issue should be addressed in detail under item 27. Historical places Subpart 31. Many EAW questions will not be pertinent to the review of property on the National Register of Historic Places; for those, simply indicate "not applicable." Give attention to the following items: ■1to9. ■ 10 and 11. Answered if the demolition work will disturb any vegetated areas around the property. ■ 13a, Answer if wells will he abandoned. ■ 16. Answer if grading or other erosion - causing activities will occur. ■ 20. Address the disposal of demolition debris. Also discuss any storage tanks or wastes at the site which will require special handling for removal and disposal, including asbestos. ■ 24. Discuss demolition noise and dust, and their mitigation. IN 25a. This item deals with impacts on historical or architectural resources, and should describe historical or architectural property values, including any factors which led torts being placed on the National Register. Information should be obtained from the Min- nesota State Historical Society and any local historic preservation organizations. The response should also explain any measures to be taken to preserve these values if the property is demolished, such as re- moving portion for preservation, photographing or documenting. It is appropriate here to explain any alternatives to demolition also considered, such as restoration, reuses for another purpose or sale to another owner who would have preserved the property: this information can otherwise be presented at item 31. Bnrdranarental Quality Board 19 vv EiA `)��> C Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 320 - 587- 5151Fax 320 - 234-4240 May 10, 2012 State Review Board State Historic Preservation Office 345 Kellogg Blvd. West Saint Paul, MN 55102 -1906 Dear State Review Board Members, On behalf of the Hutchinson City Council, I wanted to express our gratitude that the Harry Merrill House is being considered for nomination to the National Register of Historic Places. As the oldest structure in the city and the only structure in the city to survive the Dakota War of 1862, the Harry Merrill House, better known locally as the Harrington - Merrill House, is a significant link to the community's founders and early history. Preservation of the house is the cornerstone of our community's local historic preservation initiative. This initiative began in earnest in 1999 with the formation of Historic Hutchinson, a volunteer based local non - profit whose mission is to help restore, preserve and protect the living and structural history and the spirit of the Hutchinson area and to showcase these assets now and for the future. The City became a more active participant in historic preservation when it acquired the Harry Merrill House in 2003. Since then local historic preservation efforts have been an ongoing partnership between the City, Historic Hutchinson, community volunteers and donors. In addition, the MN Historical Society and State Historic Preservation Office have been invaluable resources. Our historic preservation effort took another step forward in 2011 when the City purchased our local historic Episcopal Church adjacent to City Hall in downtown Hutchinson. Built in 1892, the church is the oldest church in Hutchinson and retains much of its original look and interior. However, since the church had been vacant for several years and was on the market for sale its future preservation was uncertain. With its purchase by the City the property's preservation will be made possible through a community partnership similar to that associated with the Harry Merrill House. The Hutchinson City Council expressed their continued support of our local historic preservation efforts when they voted unanimously at our May 8, 2012, council meeting to affirm their support to seek National Register of Historic Places designation for the Harry Merrill House. We believe that its history, architecture, construction and link to Harry Merrill and the community's education history make it well qualified for inclusion to the National Register. We thank you for your consideration and ask for your support as we continue our efforts to preserve and share our local history for the benefit of our current and future generations. Sincerely, Mayor Steve Cook City of Hutchinson Printed on recycled paper - � -) LI,> Hutchins Area Health Car ffntcloizisnrl ca n nullity Hospital IW Burns Manor,\ursing Howe • Dassel.Nedical Center Iq*-W 1095 Highway 15 Smith Hutchinson, MN 55350 (320) 234 -5000 May 22, 2011 City Council Members City of Hutchinson 111 Hassan St SE Hutchinson, MN 55350 Re: Hutchinson Health Care Board /CEO Letter pursuant to Lease regarding Events of Default Dear Council Members: On behalf of the Board of Directors of Hutchinson Health Care, a Minnesota nonprofit corporation doing business as Hutchinson Area Health Care ( "HAHC"), we hereby state that nothing has come to our attention to indicate that an Event of Default (as defined in that certain Lease and Agreement between the City of Hutchinson and Hutchinson Health Care dated December 31, 2007 (the "Lease') has occurred that has not been cured pursuant to Section 20.1 of the Lease. Yours very truly, Sever , . Kn tson Chair of Board, Hutchinson Health Care Steven Mulder, MD Chief Executive Officer Hutchinson Health Care � L� Hutchinson Health Care Hutchinson, MN has been Accredited by The Joint Commission Which has surveyed this organization and found it to meet the requirements for the Hospital Accreditation Program November 23, 2011 Accreditation is customarily valid for up to 36 months. y14_ Organization ID #: 2199 u Isabel V. Hoverman, MD, MACP Print /Reprint Date: 02 /14/12 Mark R Chassin. MD, FACP. MPP. MPH Chair, Board of Commissioners President The joint Commission is an independent, not -for- profit, national body that oversees the safety and quality of health care and other services provided in accredited organizations. Information about accredited organizations may be provided directly to The joint Commission at 1 -900- 994 -6610. Information regarding accreditation and the accreditation performance of individual organizations can be obtained through The joint Commission's web site at www.jointcommission.org. This reproduction of the original accreditation certificate has been Issued for use in regulatorylpayer agency verification of accreditation by The Joint Commission. Please consult Quality Check on The Joint Commission's website to confirm the organization's current accreditation status and for a listing of the organization's locations of care. gL9-) HUTCHINSON AREA HEALTH CARE 2011 Annual Standard Report to City of Hutchinson In accordance with the terms of the Lease and Agreement between the City of Hutchinson and Hutchinson Health Care dated December 31, 2007 (the "Lease "), and the Amended and Restated Bylaws of Hutchinson Health Care effective the same date (the 'Bylaws "), Hutchinson Health Care d/b /a Hutchinson Area Health Care (the "Hospital') hereby reports and certifies as follows: 1. Compliance with Operating Parameters (see Bylaws, Exhibit A): Section A (1) Maximum Annual Debt Coverage Ratio of at least 1.3 times 2011 Performance: 3.68 times The Hospital has ® satisfied / ❑ not satisfied this parameter. (2) Cash to Debt Rati0 of at least 50 percent 2011 Performance: 164 percent The Hospital has ® satisfied / ❑ not satisfied this parameter. (3) Days Cash on Hand of 60 days 2011 Performance: 162 days The Hospital has ® satisfied / ❑ not satisfied this parameter. "Net Revenues for a Fiscal Year divided by the Maximum Annual Principal and Interest Requirement due in future fiscal years. The ratio is to be computed based on this corporation's audited financial statements. For any computation that requires reference to one or more Fiscal Years prior to the effective date of the Lease Agreement, the ratio is to be computed using the Net Revenues and Maximum Principal and Interest Requirement from the applicable Fiscal Year audited financial statements of the City enterprise Hutchinson Area Health Care." ' "For any Fiscal Year, shall mean the ratio of (1) Unrestricted Liquid Funds of the corporation to(2) the Long-Term Debt less cash or investments restricted under any Indenture (that has been excluded from Unrestricted Liquid Funds) of the corporation, al I as shown in the audited financial statements of the corporation for any Fiscal Yew." t "[Tlhe result of dividing the Unrestricted Liquid Funds of the corporation by daily operating expenses. Daily operating expenses is computed by dividing Total Operating Expenses less depreciation and amortization expense for such Fiscal Year by the number of days in that Fiscal Year:' 914 (4) Operating Margin" of at least 1.5 percent in at least I of the last 2 Fiscal Years 2011 Performance: 4.8 percent Prior Year's Performance (2010): 1.8 percent The Hospital has ® satisfied / ❑ not satisfied this parameter. Section B (1) Maximum Annual Debt Coverage Ratio of at least 1.15 times in at least of the last 3 Fiscal Years 2011 Performance: 3.68 times Prior Year's Performance (2010): 2.74 times Next Prior Year's Performance (2009): 3.34 times The Hospital has ® satisfied / ❑ not satisfied this parameter. (2) Cash to Debt Ratio of at least 30 percent 2011 Performance: 164 percent The Hospital has ® satisfied / ❑ not satisfied this parameter. (3) Days Cash on Hand of 45 days 2011 Performance: 162 days The Hospital has ® satisfied / ❑ not satisfied this parameter. (4) Operating Margin of at Least 1.5 percent in at least 1 of the last 3 Fiscal Years 2011 Performance: 4.8 percent Prior Year's Performance (2010): 1.8 percent Next Prior Year's Performance (2009): 4.8 percent The Hospital has ® satisfied / ❑ not satisfied this parameter. "The sum of Total Operating Revenues less Total Operating Expenses divided by Total Operating Revenues for a Fiscal Year. The ratio is to be computed based on this corporation's audited financial statements. For the two Fiscal Years immediately after the effective date of the Lease Agreement, the prior year(s) ratio is to be computed using the Total Operating Revenues and Total Operating Expenses from the applicable Fiscal Year audited financial statements of Hutchinson Area Health Care." ' "Each 12 month period ending on the date specified in the Bylaws of this corporation. Currently, the fiscal year ends on December 31:' LO) II. Compliance with Lease Reporting Requirements (see Section 18.13 of Lease): A. Checklist of documentation to be delivered to the City: (1) 2011 audited financial statements: ❑ Attached ® E- mailed 04/26/2012 to Jeremy Carter (2) Proof of continued health care accreditation(s): 2011 -14 Certificate of Joint Commission Accreditation: Bums Manor Nursing Home Licensing and Certification ® Attached ❑ Delivered _/ —/ _ (3) Board/CEO letter regarding Events of Default: ® Attached ❑ Delivered —/ _/ _ (4) Documents provided to and from Moody's, Standard & Poor's, and like agencies evaluating the financial and operating performance of the Hospital or the Health Care System: ❑Attached ❑ Delivered / _/ _ ® Not applicable for 2011 tb ua3079662 01 9to-) Hutchinson Area Health Care Report to the Community Hutchinson City Council May 22, 2012 Hutchinson City Council May 22, 2012 2011 Audited Financial Results Clean Opinion Performance Parameters Hospital — Joint Commission Accreditation Parameter Cash to Debt Operating Margin Days Cash on Hand Debt Coverage A_ B 2009 2010 2011 Actual Actual Actual 50% 30% 106 140% 164% 1.5% 1.5% 4.8% 1.8% 4.8% (1 of 2 yrs) (1 of 3 yrs) 60 45 127 150 162 1.30 1.15 3.34 2.74 3.68 (1 of 3 yrs) Hutchinson '. VW Health Care FY2010 j FY2011 2010 Ye at a Glance Total admissions, including newborns 2 2,762 Inpatient surgeries 547 i 509 Same Day Center 2 2,468 ER visits 7 8 Radiology procedures 21,617 ! 22,471 Mental Health, outpatient visits 17 17,201 Contributing to the Community Community Benefit: Total: $4.709 Million Medicaid underpayment *Uncompensated Care •Support Groups *Lectures, Presentations *Ambulance Service *Meals on Wheels *Donations *Disaster Preparedness *Students •Use of Space '1 f r HHC Hospital Auxiliary • Junior Volunteers OM,+. y En I • Dr. Jasmir Virk - Psychiatry • Dr. Josh Knudtson — General surgery • Dr. Emily Zoulek — oB /Gyn • Dr. Michael Remucal — General Surgery • Dr. Eric Poulin — Family Practice • Dr. Keegan Maxwell — Urology • Dr. Michael Peters - ENT Senior Care Update • Harmony River Living Center -- Opened January 2012 -- 95% occupancy -- Assessing opportunities for phase 11 2012 - A BIG YEAR HHC /HMC Integration • New electronic record implementation (Excellian) Oakland Cemetery City of Hutchinson Public Works 1400 Adams St SE, Hutchinson, MN 55350 Phone 320 - 234 -4455 / Fax 320 - 234 -5644 www.ei.hutchinson.mn.us May 22, 2012 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager Subject: City Code Section §94.45 Cemetery — Monuments & Markers To provide a consistent, high - quality customer experience staff recommends amending City Code Section §94.45. The intent is to clarify ordinance language and provide a method of clearly indicating to customers the maximum dimensions for memorials, based on the property type. Maximum dimensions are in place to accommodate future burials of standard size vaults and ongoing maintenance. Because there are so many property options, staff intends to use a table, along with photographs, to clearly indicate maximum memorial sizes when property is purchased. The following categories of properties have unique maximum dimension requirements. Using the existing ordinance language can be confusing. The proposed amended language clarifies maximum sizes, and provides staff with options to clearly communicate the requirements. We intend to provide customers with a table indicating the property type and maximum dimensions. In addition, two copies of photos that indicate maximum dimensions will be provided to the customer so they can retain one for their records and provide one to their memorial vendor. Memorial type Foundation Marker Monument Height Single flush marker 40x26 30x16 n/a n/a Single flush marker (Cremains) 34x22 24x12 n/a n/a Single flush marker (Veteran) 40x26 30x16 n/a n/a Double flush marker (8' lot) 58x34 48x24 n/a n/a Double flush maker (Veterans -8') 58x34 24x24 n/a n/a Double flush marker (9' lot) 68x44 58x34 n/a n/a Double flush marker (Veterans —9') 64x34 27x24 n/a n/a Single upright cremation interment 40x24 n/a 30x14 48 Columbarium cremation interment n/a n/a 12x12 12 Double upright monument (8' lot) 58x34 n/a 48x24 48 Double upright monument (9' lot) 64x44 n/a 5434 48 q«) PROPOSED LANGUAGE QFI Ei16N5 / ADDITIONS These are the definitions included earlier in the ordinance: MARKER. A memorial ofgranite, or other approved material, that does not extend above the surface of the lawn. MEMORIAL. A monument or marker. MONUMENT. A memorial ofgranite, or other approved stone, that extends above the surface of the lawn. 94.45 Monuments and Markers; Standards; Permits (A) Number of memorials monuments allowed. Only one central OF faraily memorial rnenaaaent shall be allowed on a lot. (B) Placing of memorials menuments. The memorial menumen shall be placed in the center of the lot, and in line with existing memorials rnenuments. (C) Foundations. A44 Fooundations for memorials rr+erwments shall be installed by the company supplying the memorial menkiment. This company shall also be responsible for and guarantee the quality and strength of the foundation. (D) Setting of markers. All markers must be set flush with the ground. Flush markers, in which a flower vase is an integral part of the marker, are not permitted. (E) Errors in placing memorials. The Ceity reserves and shall have the right to correct any error that may be made by its employees or by any company, person or persons in the location or placing of a memorial in the cemetery. (F) Size of memorials menaments. The Cemetery shall provide maximum dimensions for memorials Maximum dimensions shall relate to and depend upon the size of the lot. Generally, memorials MeRuFnent or their foundations sW4 are not allowed to encroach into the space required for a standard interment in a standard ^°�; s4e burial vault corresponding to the classification of the lot•, Memorials shall be placed in line with existing memorials (G4 Flash markers. M.2AIPF i s a"Aimopd o n each let, and FnaFkeFS sha Ret e)(ceed a max s ef 12 i nrhes by 24 i nches. M(F4 Cement washes required. Cement washes are will required for en all memorials raafkers arm naerraraents, with a five inches wash being the minimum size. Fna keFS and h FAaF i EeFS W"' be FeqU te have a ten i Rrh eRd wash and a fiye i RGh s wash. 9(b) ll(4 Bronze on stone memorials grenite. When '•h rase of bronze aaafke is included as part of a stone memorial ewagrar+ite slab, all the bronze shall be recessed so as to be flush with the stone memorial gFanite. U14:4 Bronze on cement. Bronze naaFkefs placed directly on cement washes or foundations shall protrude no more than one - quarter inch above the cement, (including letteringl. iJ]N Permit required. (1) A permit is will be required to install memorials FRRFkPFS AF Fnen Jme0s. Permits will be required for each separate memorial stone and must be obtained PUKhased prior to installation. From time to time, Tthe city will fix and o......time t tim e, revise the permit fee. (2) Any memorial FA2FkPF OF FAeRumea installed without first obtaining a permit may be removed at the lot owner's expense "' "^ perm^ is obtain An additieaal Ceharges for equipment, labor, and storage or other related costs plus an administrative fee, may be assessed to the lot owner in these cases. MW Special mMonument and marker areas ^ °� the cemete7 Large Fnenutnents, unusually shaped, or oversized monuments, personal columbaria, of private mausoleums, or unique markers may be allowed in areas of the cemetery designed to accommodate them •• heFe a• egUa`e spare May be puFehased. Each request for special monuments and markers not otherwise complying with regulations herein shall be reviewed independently with regard to required space and appropriate fit of the monument or marker on lots designed to accommodate special monuments and markers ll(AA) Exception areas. For areas soecificaliv designated for interment of cremains. only one monument is allowed in each lot However, specific pPo rtions of the cemetery `ert 12 set aside as cremation grave spaces and certain cremation properties' will be allowed to have upemeFialeF a monument regardless of the number of remains interred -,wh"* ; said monuments shall not exceed dimensions provided by the Cemetery. ' ^' ° -` '° ' "` an d 30 "Prhes by 14 inches n ('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86; Am. Ord. 772, passed 6- 22 -88; Am. Ord. 99 -264, passed 10- 12 -99; Am. Ord. 05 -0412, passed 8- 23 -05) Penalty, see § 10.99 9(b) 94.45 Monuments and Markers; Standards; Permits (A) Number of memorials allowed. Only one central memorial shall be allowed on a lot. (B) Placing of memorials. The memorial shall be placed in the center of the lot, and in line with existing memorials. (C) Foundations. Foundations for memorials shall be installed by the company supplying the memorial. This company shall also be responsible for and guarantee the quality and strength of the foundation. (D) Setting of markers. All markers must be set flush with the ground. Flush markers, in which a flower vase is an integral part of the marker, are not permitted. (E) Errors in placing memorials. The City reserves and shall have the right to correct any error that may be made by its employees or by any company, person or persons in the location or placing of a memorial in the cemetery. (F) Size of memorials. The Cemetery shall provide maximum dimensions for memorials. Maximum dimensions shall relate to and depend upon the size of the lot. Generally, memorials or their foundations are not allowed to encroach into the space required for a standard interment in a standard burial vault corresponding to the classification of the lot. Memorials shall be placed in line with existing memorials. (G) Cement washes required. Cement washes are required for all memorials, with a five inch wash being the minimum size. (H) Bronze on stone memorials. When bronze is included as part of a stone memorial, all bronze shall be recessed so as to be flush with the stone memorial. (1) Bronze on cement. Bronze placed directly on cement washes or foundations shall protrude no more than one- quarter inch above the cement, including lettering. (J) Permit required. (1) A permit is required to install memorials. Permits will be required for each separate memorial and must be obtained prior to installation. From time to time, the city will revise the permit fee. (2) Any memorial installed without first obtaining a permit may be removed at the lot owner's expense. Charges for equipment, labor, storage, or other related costs plus an administrative fee, may be assessed to the lot owner in these cases. (K) Special monument and marker areas. Large, unusually shaped, or oversized monuments, personal columbaria, private mausoleums, or unique markers may be allowed in areas of the cemetery designed to accommodate them. Each request for special monuments and markers not otherwise complying with regulations herein shall be reviewed independently with regard to required space and appropriate fit of the monument or marker on lots designed to accommodate special monuments and markers. (L) Exception areas. For areas specifically designated for interment of cremains, only one monument is allowed in each lot. However, specific portions of the cemetery set aside as cremation grave spaces and certain cremation properties will be allowed to have a monument regardless of the number of remains interred; said monuments shall not exceed dimensions provided by the Cemetery. ('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86; Am. Ord. 772, passed 6- 22 -88; Am. Ord. 99 -264, passed 10- 12 -99; Am. Ord. 05 -0412, passed 8- 23 -05) Penalty, see § 10.99 9(0 Debt Issuance Services EHLERS LEADERS IN PUBLIC FINANCE May 22, 2012 Pre -Sale Report for $5,035,000 General Obligation Refunding Bonds, Series 20128 City of Hutchinson, Minnesota C =Nwehlers- inc.com Minnesota phone 651- 697 -8500 Offices also in Wisconsin and Illinois fax 651- 697 -8555 3060 Centre Pointe Drive Roseville, MN 5511 3 -11 22 �0 &� Debt Issuance Services Details of Proposed Debt Proposed Issues: $5,035,000 General Obligation Refunding Bonds, Series 2012B Purposes: The purpose of the 2012B Bonds (the Bonds) is to execute a "crossover" advance refunding of the callable maturities of the following City bond issues for future interest cost savings: • $3,230,000 GO Improvement Bonds, Series 2006A • $2,240,000 GO Sewer Revenue Bonds, Series 2006B • $2,210,000 GO Water Revenue Bonds, Series 2006C Interest rates on the four series of bonds to be refunded range from 3.70% to 4.75 %, whereas the projected refunding rates are 0.60% to 2.10 %. The refunding is expected to reduce the City's total debt service expense by approximately $305,941 through Fiscal Year 2021 (bond period ending February 1, 2022). The net present value benefit of the refunding is estimated to be equal to 5.4% of the total refunded debt service. This refunding is considered an advance refunding as the Bonds will be issued more than 90 days prior to the call date of the obligations being refunded -which is February 1, 2014. With the proposed crossover structure, the City will continue to make scheduled debt service payments on the existing bonds through February 1, 2014 and then cross over to paying principal and interest on the Series 2012B Bonds. Authority: The 2012B Bonds are being issued pursuant to Minnesota Statutes, Chapter 475, 429, and 444. The Bonds will be general obligations of the City, for which its full faith, credit and taxing powers are pledged. Funding Source(s): The City expects to pay Bond debt service with the same combination of special assessments, tax levies, and sewer and water utility revenues as it uses to fund the existing bond payments. Risk Factors: The City may yet receive prepaid assessments on the projects funded with the 2006A bonds, in which case it may need to increase the debt levy to make up for interest earnings lower than the assessment rate. Rating: The City's GO Bonds hold an "AA -" credit rating from Standard & Poor' s. A rating request will be made for this issue. Bank Qualification: The 2012B Bonds will not be designated as "bank qualified" obligations. Call Feature: The 2012B Bonds due in 2021 and later will be callable on February 1, 2020 and any date thereafter. Presale Report September 13, 2011 Page 2 O b) Debt Issuance Services Other The savings achieved through this refunding — as it relates to the Series Considerations: 2006A Bonds — will be reflected in the City's comprehensive financial management debt plan, which encompasses all of the City's property tax levy- supported bond issues. The objective of the debt plan is to limit increases in the City's cumulative debt levy to approximately 5% per year, up to a maximum total levy of roughly $2.2 million. Proposed Debt Issuance Schedule Pre -Sale Reviews by Council: Distribute Official Statement: Conference with Rating Agency: City Council Meeting to Award Sale of the Bonds Estimated Closing Date: May 22, 2012 Week of June 11, 2012 Week of June 18, 2012 June 26, 2012 Week of July 23, 2012 Ehlers Contacts: Financial Advisors: Steve Apfelbacher Bruce Kimmel (651) 697 -8510 (651) 697 -8572 Bond Analysts: Diana Lockard Debbie Holmes Bond Sale Coordinator: Alicia Aulwes (651) 697 -8534 (651) 697 -8536 (651) 697 -8523 Presale Report September 13, 2011 Page 3 vAc Debt Issuance Services Resolution No. 14009 Council Member introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $5,035,000 General Obligation Refunding Bonds, Series 20128 A. WHEREAS, the City Council of the City of Hutchinson, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $5,035,000 General Obligation Refunding Bonds, Series 2012B (the Bonds); and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, as follows: 1. Authorization: Findings The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2, Meeting; Proposal Opening The City Council shall meet at 5:30 p.m. on June 26, 2012, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this day of — Jeremy J. Carter, City Administrator Steven W. Cook, Mayor 10 (5) Hutchinson, MN $5,035,000 G.O. Refunding Bonds, Dated: June 1, 2012 Proposed Crossover Refunding of Series 2006A, 2006B & 2006C Assuming "AA" Rating, Current Non -B.Q. Market Rates Total Issue Sources And Uses Dated 06101120121 Delivered 06/0112012 xover ref of xover ref of xover ref of Issue Ser 06A 06B 06C Su mmary Sources Of Funds Par Amount of Bonds $2,205,000.00 $1,420,000.00 $1,410,00000 $5,035,00000 Total Sources $2,205,000.00 $1,420,000.00 $1,410,000.00 $5,035,000.00 Uses Of Funds Deposit to Crossover Escrow Fund 2,160,096.86 1,393,039.87 1,382,970.85 4,936,107.58 Costs of Issuance 24,086.40 15,511.42 15,402.18 55,000.00 Total Underwriter's Discount (0.800 %) 17,640.00 11,360.00 11,280.00 40,280.00 Rounding Amount 3,176.74 88.71 346.97 3,612.42 Total Uses $2,205,000.01 $1,420,000.00 $1,410,000.00 $5,035,000.00 10 xover or Se, OEA. OW 1 Issue Summery 1 5/112012 1 2'.59 PM TO EHL ERS LEADERS IN PUBLIC FINANCE ►() 6- Hutchinson, MN $5,035,000 G.O. Refunding Bonds, Dated: June 1, 2012 Proposed Crossover Refunding of Series 2006A, 2006B & 2006C Assuming "AX Rating, Current Non -B.Q. Market Rates Debt Service Schedule Date Principal Coupon Interest Total P +I Fiscal Total 06/0112012 - - - - 02/01/2013 - - 43,306.67 43,30667 43,306.67 08/01/2013 - - 32,480.00 32,480.00 02/01/2014 - - 32,480.00 32,48000 64,960.00 0 &01/2014 - - 32,48000 32,480.00 02101/2015 590,000.00 0.600% 32,480.00 622,480.00 654,960.00 0 9/01!2015 - - 30,710.00 30,710.00 - 02/01/2016 780,000.00 0.850°/ 30,710.00 810,710.00 841,42000 08/01/2016 - - 27,395.00 27,395.00 - 02!01/2017 765,000.00 1.050% 27,395.00 792,395.00 819,790.00 08/01/2017 - - 23,378.75 23,378.75 - 02/01/2018 760,000.00 1.250% 23,378.75 783,378.75 806,757.50 0 9/01/2018 - - 18,628.75 18,628.75 - 02/01/2019 720,000.00 1.450% 18,628.75 738,628.75 757,257.50 08/01/2019 - - 13,408.75 13,408.75 - 02/01/2020 580,000.00 1.700% 13,408.75 593,408.75 606,817.50 08/01/2020 - - 8,478.75 8,478.75 - 02/01/2021 455,000.00 1.950% 8,478.75 463,478.75 47195250 0 8/01/2021 - - 4,042.50 4,042.50 - 02!01/2022 385,000.00 2.100% 4,042.50 389,042.50 393,085.00 Total 55,035,000.00 - S425,311.67 $5,460,311.67 - Yield Statistics Bond Year Dollars Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) $29,221,67 5.804 Years 1.4554668% 1.5933098% 1.5938744% 1.4488187% 1.7943052% IRS Form 8038 Net Interest Cost 1.4554668% Weighted Average Matunty _.. _ 5.804 Years 10xmwof SerosA,CEB. I Issue Summary 1 511@0121 2,59PM EHL_ERS IEAUERS IN PUBLIC FINANCE `o C�� Hutchinson, MN $5,035,000 G.O. Refunding Bonds, Dated: June 1, 2012 Proposed Crossover Refunding of Series 2006A, 2006B & 2006C Assuming "AA" Rating, Current Non -B.Q. Market Rates Debt Service Comparison Total $5,460,311.67 (4,953,266.67) 55,157,934.59 $5,661,367.17 $5,967,308.39 5305,941.22 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings. ... ,..._ Net PV Cashnow Savings @ 1.449 %(Bond Yield)..... Contingency or Rounding Amount.. Net Present Value Benefit Net PV Benefit / $5,207,483.47 PV Refunded Debt Service Net PV Benefit / $4,845,000 Refunded Principal Net PV Benefit / $5,035,000 Refunding Principal.. Bond Information Refunding Dated Date Refunding Delivery Date 10 cover W Ser O6A, 068, I Issue Summery 15 V2012 1 2'.59 PM 279,020.77 279,020,77 3,612.42 $282,633..19 5.427% 5.834% 5.613% 6/01/2012 6/012012 E_H_L_E__R_ S JUDEFSIN POat IC FINANCE tiok) Constl -oan Date Total P +I Pmt Existing DIS Net New DIS Old Net DIS Savings 02/01/2013 43,306.67 (43,306.67) 125,173.83 121,561.41 125,173.83 3,61242 0210112014 64,960.00 (4,909,960.00) 5,032,760.76 187,760.76 187,760.76 - 02/012015 654,960.00 - - 654,960.00 697,76076 42,800.76 021012016 841,420.00 - - 841,420.00 878,745.76 37,325.76 02/01/2017 819,790.00 - 819,790.00 857,120.76 37,330.76 02/012018 806,757.50 - - 806,757.50 844,714.52 37,957.02 02/012019 757,257.50 - - 757,257.50 796,427.00 39,169.50 02/012020 606,817.50 - - 606,817.50 648,455.00 41,637.50 02 471,957.50 - - 471957.50 515,15000 43,192.50 02/01/2022 393,085 00 - - 393,085.00 416,000.00 22,915.00 Total $5,460,311.67 (4,953,266.67) 55,157,934.59 $5,661,367.17 $5,967,308.39 5305,941.22 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings. ... ,..._ Net PV Cashnow Savings @ 1.449 %(Bond Yield)..... Contingency or Rounding Amount.. Net Present Value Benefit Net PV Benefit / $5,207,483.47 PV Refunded Debt Service Net PV Benefit / $4,845,000 Refunded Principal Net PV Benefit / $5,035,000 Refunding Principal.. Bond Information Refunding Dated Date Refunding Delivery Date 10 cover W Ser O6A, 068, I Issue Summery 15 V2012 1 2'.59 PM 279,020.77 279,020,77 3,612.42 $282,633..19 5.427% 5.834% 5.613% 6/01/2012 6/012012 E_H_L_E__R_ S JUDEFSIN POat IC FINANCE tiok) Hutchinson, MN $5,035,000 G.O. Refunding Bonds, Dated: June 1, 2012 Proposed Crossover Refunding of Series 2006A, 2006B & 2006C Assuming "AA" Rating, Current Non -B.Q. Market Rates Crossover Escrow Fund Cashflow Date Principal Rate Interest Receipts Disbursements Cash Balance 06/01/2012 - - - 2.58 - 2.58 08/01 /2012 - - 1722.91 1,722.91 - 1,725.49 02i0l/2013 36,403.00 0.160% 5,179.65 41,582.65 43,306.67 1.47 08/01/2013 27,340.00 0.180% 5,140.56 32,480.56 32,480.00 2.03 02/01/2014 4,872,36100 0.210% 5,115.97 4,877,477.97 4,877,480.00 - Total $4,936,105.00 - $17,159.09 $4,953,266.67 $4,953,266.67 - Investment Parameters Investment Model [PV, GIC, or Securities] Default investment yield target Cash Deposit Cost of Investments Purchased with Bond Proceeds_ Total Cost of Investments Target Cost of Investments at bond yield Actual positive or (negative) arbitrage Yield to Receipt Yield for Arbitrage Purposes State and Local Government Series (SLGS) rates for 10xaverol Sw O6A,O6E1, I Issue Summary I S/1Q!312I 2:59PM Securities Band Yield 2.58 4,936,105.00 $4,936,107.58 $4,836,358.07 (99,749.51) 0.2098590°/ 1 44881 IN. 5/01/2012 in E_H_ LER LEADERS IN PUBLIC FINANCE 6 t-Q-J Hutchinson, MN $3,230,000 General Obligation Improvement Bonds, Series 2006A Prior Original Debt Service Date Principal Coupon _ Interest Total P +I 02,'01/2013 - - 54,396.33 54,396.33 08/01/2013 - - 40,797.25 40,797.25 02101/2014 - - 40,79225 40,797.25 08/01/2014 - - 40,797.25 40,797.25 02/01/2015 220,000.00 3.700% 40,797.25 260,797.25 08/01;2015 36,727.25 36,727.25 02/01/2016 410,000.00 3.750% 36,72725 446,727.25 08/01/2016 - - 29,039.75 29,039.75 02/01/2017 400,000.00 3.800% 29,039.75 429,039.75 08/01/2017 - 21439.75 21,439.75 02/01/2018 400,000.00 3.875% 21,439.75 421,439.75 08/01/2018 - - 13,689.75 13,689.75 02/01/2019 365,000.00 3930% 13,689.75 378,689.75 08/01/2019 - - 6,517.50 6,517.50 02/0112020 230,000.00 3.950% 6,517.50 236,517.50 08/0111020 - 1,975.00 1,975.00 02/01/1021 100,000.00 3.950% 1,975.00 101,975.00 Total 52,125,000.110 - %436,363.33 $2,561,3 Yield Statistics Base date for Avg. Life & Avg Coupon Calculation Average Life Average Coupon _ Weighted Average Maturity (Par Basis) 6/01/2012 5.311 Years 3.8661843% 5.311 Years Refunding Bond Information Refunding Dated Date Refunding Delivery Date Ser 06A $3 23M GO Improve I SINGLE PURPOSE 1 51 12012 1 2'59 PM 6/01/2012 6/01/2012 E H LE_R_ S LEADERS IN PUBLIC FINANCE I d [-Q) Hutchinson, MN $2,240,000 General Obligation Sewer Revenue Bonds, Series 2006B Prior Original Debt Service Date Principal Coupon Interest To P +I 0210l/2013 - - 35,519.17 35,519.17 08/01/2013 - - 26,63938 26,639.38 02/01/2014 - - 26,639.38 26,639.38 09/0112014 - - 26,639.38 26,639.38 02/01/2015 145,000.00 3.750% 26,639.38 171,639.38 08/01,2015 23 920.63 23,920.63 02/01/2016 150,000.00 3.750% 23,92063 173 92063 08/01/2016 - - 21,108.13 21,108.13 02/01/2017 160,000.00 3.875% 21,108.13 181,108.13 08/01/2017 - - 18,008.13 18,008.13 02/01/2018 165,000.00 3.875% 18,008.13 183,008.13 O8 /01/2018 - - 14,811.25 14,811.25 02/01/2019 175,00000 3.950% 14,811.25 189,811.25 08/01/2019 - - 11,355.00 11,355.00 02/01/2020 180,000.00 3.950% 11,355.00 191,355.00 _ _ 08/01/2020 - - 7,600.00 7,800.00 02/01/2021 190,000.00 4.000% 7,800.00 197,800.00 08/01/2021 - - 4,000.00 4,000.00 02/01/2022 200,000.00 4,000% 4,000.00 204,000.00 Total $1,365,000.00 - $344,082.97 $1,709,082.97 Yield Statistics Base date for Avg Life .& Avg. Coupon Calculation _. Average Life Average Coupon Weighted Average Maturity (Par Basis) Bond Information Refunding Dated Date Refunding Delivery Date Ser MB $2,24M OO Sewer R I SINGLE PURPOSE 1 51 1/1012 1 2 59 PM EHLERS__ LEADERS IN PUBLIC FINANCE 6/01/2012 6.407 Years 3.9346252% 6.407 Years 6/01/2012 6/01/2012 � (� t9) Hutchinson. MN $2,210,000 General Obligation Water Revenue Bonds, Series 2006C Prior Original Debt Service Date Principal Coupon Interest Total P +I 02/01/2013 - - 35,258.33 35,258.33 08/0112013 - - 26,443.75 26,443.75 02/01/2014 - - 26,44335 26,443.75 08/01/2014 - - 26,443,75 26,443.75 02/01/2015 145,000.00 3.750% 26,44175 171,443.75 08/01/2015 - - 23,72500 23,725.00 0210l/2016 150,000.00 3750% 23,725.00 173,725.00 08/01/2016 - - 20,912.50 20,912.50 02/01/2017 155,000.00 3.875% 20,912.50 175,912.50 08/01/2017 - - 17,90938 17,909.38 02/01/2018 165,000.00 3.875% 17,909.38 182,909.38 08/01/2018 - - 14,712 50 14,712.50 02/01/2019 170,000.00 3.950% 14,712.50 184,712.50 08/01/2019 - - 11,355.00 11,355.00 02/01/2020 180,000.00 3.950% 11,355.00 191,355.00 08/01/2020 7,800.00 7,800.00 02/01/2021 190,000.00 4.000% 7,800.00 197,800.00 08/01/2021 - - 4,000.00 4,000.00 02/01/2022 200,000.00 4.000% 4,000.00 204,000.00 Total $1,355,000.00 - $341,862.09 $1,696,862.09 Yield Statistics Base date for Avg Life & Avg Coupon Calculation Average Life Average Coupon Weighted Average Maturity (Par Basis) 6/01/2012 6.412 Years 3,9347258% 6,412 Years Refunding Bond Information Refunding Dated Date Refunding Delivery Dale Ser D6C 62.21M GO WataR ISINGLE PURPOSE 1 5110012 1 259PM 6/01/2012 6/01/2012 EHLERS LEAD_ N _- -- LEADERS IN PUBLIC FINANCE 1 tq) Policy No. 1.13 CITY OF HUTCHINSON POLICY - CITY COUNCIL - PETTY CASH - CITY DEPARTMENTS No.1.13 DATE 1986; 1996; 2012 SOURCE CITY COUNCIL ACTION A department shall, when deemed appropriate, have a petty cash fund. The amount of this fund shall be $100. In the department assigned a petty cash fund, the following rules of operation shall be observed. A person shall be assigned the responsibility of the petty cash drawer. The person assigned shall insure the amount of receipts plus cash on hand shall equal the $100 total at all times. 2-. Petty cash should be used only for incidental and small amounts where a charge by the vendor is not acceptable. if a PUFGhase of undeF $1 i s Fnade, the Feimbursement 3. When a purchase is made, a receipt must be provided by the vendor and attached to the payment requests form in the petty cash box. 4. Reemb -seMeR Replenishment of petty cash will be made only when all reimbursement forms, which have all been signed, approved, and receipts attached, are presented to the finance department for approval and payment by the city council. The normal accounts payable procedures will be followed. Robs.- No. 1.16 CITY OF HUTCHINSON POLICY -CITY COUNCIL- Policy No. 1.08 CITY OF HUTCHINSON POLICY -CITY COUNCIL- BOARDS, COMMISSIONS AND COMMITTEES - TERMS NO. 1.08 (2 pgs.) DATE 1988; 2000; 2012 SOURCE COUNCIL ACTION Unless otherwise regulated by state statute, charter, ordinance, or resolution, the maximum length of stay on boards, commissions or committees shall not exceed two full terms, except city council representation on boards, commissions and committees. NO. OF MONTH NAME OF BOARD MEMBERS APPOINTED LENGTH OF TERM kl€A6TH$GARD 3 4a2 A.. .gal appo intment SENIOR ADVISORY BOARD 7 January 3 years PLANNING COMMISSION 7 March 5 years *6 residents + 1 Council Member. (Mayor) & City Attorney serve as ex- officio members. CITY TREE BOARD 5 April 3 years *4 at large + 1 Council Member. Natural Resource Coordinator serves as ex- officio member. LIBRARY BOARD 7 April 3 5 years *6 at large + 1 Council Member POLICE CIVIL SERVICE COMMISSION 3 May 3 years PARK/RECREATION/ 7 44 August 3 years COMMUNITY EDUCATIONshee4 BeaFd ADVISORY BOARD & 1 Youth *7 at large + 1 Council Member + 1 School Board Member HRA 5 August 5 years *4 residents + 1 Council Member AIRPORT COMMISSION 6 September 5 years *5 at large + 1 Council Member. Planning Commissioner serves as ex- officio member. I b (c� UTILITIES COMMISSION 5 December beF 5 years `One member may be a City Council Member. TF=l F=QQ iwG4TIQ R 7 BeeernhA 5 years & HGVN Fep CHARTER COMMISSION 12 Au ust 4 years EDA BOARD 7 January 6 years *5 at large + 2 Council Members PUBLIC ARTS COMMISSION 7 August 33years *6 at large + 1 Council Member. Planning Director and PRCE Director serve as ex- officio members. 7 October 3 years `6 at large + 1 G officio members. Annual Term of employment Administrator. �0(c) Policy No. 1.15 CITY OF HUTCHINSON POLICY -CITY COUNCIL- LICENSES AND PERMITS NO. 1.15 (2 pqs.) DATE 1988:2000:2008 SOURCE ADMINISTRATION To streamline specified license /permit procedures, the authorization to issue such licenses /permits is delegated from the city council to staff. Responsibility has been assigned as follows. LICENSE /PERMIT Off-Street Parking (free sticker) Tobacco License *ordinance states Council action Peddler /Solicitor/ Transient Merchant Permit *ordinance states Council action Gambling License *ordinance states Council action Dance Permit *ordinance states Council action CONTACT Administration and /or Police Department AdrnnmstmfivA Administration Department Administration Department Administration Department Administration and /or Police Department Parade Permit Police Department *ordinance states Council action Motorized Golf Cart Permit AArn eGFetaFy Police Department Liquor License *ordinance states Council action Bicycle License Administration Department (following public hearing) Police Department �°cc� Dog License Police Department Building - related Permits Building Department Hauling /Refuse /Recycling License *ordinance states Council action Large Assemblies License `ordinance implies Council action Massage License *ordinance states Council action Tattoo License Taxi License *ordinance states Council action Pawnbrokers License *ordinance implies Council action Sexually- Oriented Business *ordinance states Council action Administration Department Police Department Administration Department Administration Department Administration Department Administration Department (following a public hearing) Administration Department (following a public hearing) 1 �3(C) HUTCHINSON UTILITIES COMMISSION / CITY OF HUTCHINSON JOINT MEETING MINUTES EVENT CENTER MAY 2, 2012 Mayor Cook called the joint meeting to order at 4:05 p.m. Members Present: Mayor Steve Cook, Council Member Eric Yost, Council Member Mary Christensen, Council Member Chad Czmowski, Commissioner Leon Johnson, Commissioner Monty Morrow, Commissioner Anthony Hanson Staff Present: Jeremy Carter, Dolf Moon, Tom Moss, Kent Exner, Miles Seppelt, Mike Kumm, Jared Martig, Steve Lancaster, David Hunstad, John Webster, Jan Sifferath 1. HUC Update Mike Kumm, HUC General Manager, presented before the group. Mr. Kumm provided an overview on HUC's financial statements and budgetary highlights. Mr. Kumm also provided an annual commercial and residential billing comparison for natural gas. Mr. Kumm provided several statistics on monthly industrial bills, large general service bills, small general service bills and residential bills. Mr. Kumm then reviewed various capital plans scheduled through 2016 for the electric and natural gas divisions. Mr. Kumm reviewed several projects that have been completed in 2012, such as overhead to underground electric conversion, PCB free, infrastructure for AMI, and shorted casings. Mr. Kumm spoke of HUC's reliability. Mr. Kumm also provided an update on the conservation program. Subjects HUC will be focusing on moving forward include financial stability with rate stability, continue working with items found in the HUC Integrated Resources Plan, continue with natural gas hedging program and continue to invest in electrical generation projects. Mr. Kumm reviewed HUC's power supply portfolio from 2013 -2025. Mr. Kumm spoke of rates, and at this point, it does not appear that there will be any rate increases for the next five years (electric residential). Discussion was held in regard to rates and being able to attract new businesses to the city. Rate design will take into account this issue. 2. City Update Jeremy Carter, City Administrator, presented before the group. Mr. Carter reviewed major projects for 2012. These include 5 Avenue NW improvements, 2012 pavement management program, city -wide street seal coating, Hwy 15 retaining wall reconstruction, South Park water tower rehabilitation, Les Kouba Parkway Improvements Phase 2, and sanitary sewer lining. Mr. Carter then reviewed projects anticipated for 2013 -2014. Mr. Carter reviewed the 2012 budget, which has decreased overall over the last few years. Mr. Carter reviewed budget challenges the City faces, which include local government aid reductions, levy limits, increased City services and expectations, and increased federal /state programs and tighter restrictions on existing programs. Mr. Carter provided an update on local sales tax collections since the program started January 1, 2012, which is about $150,000. The local sales tax will expire in 2029. Mr. Carter also reviewed the outstanding debt on the water plant and wastewater expansion. The local sales tax collection helps with the outstanding debt, but will not cover all of the debt. Mr. 1)-(-0,-) Carter reviewed major initiatives that the City has implemented or will be implementing. These include a Facilities Plan, Vehicle /Equipment Plan and Energy Usage— Conservation Efforts. Mr. Carter reviewed how the City has addressed budgetary issues over the last few years. Mr. Carter shared the projected budget over the next five years. Current projections show expenditures well over revenues for 2013. The Council is considering increasing the tax levy 2% to address this budget shortfall. 3. Board /Council Items General discussion was held on renewable energy projects. HUC will not be forging ahead on any major projects at this time until the technology is complete and up to speed. LED street lighting was discussed. Kent Exner, City Engineer, gave an update on retrofits for some fixtures. A discussion needs to be held between the City and HUC on a large scope project. At this time, the cost is much higher than the benefit. Possible partnerships between the City and HUC were discussed. Mayor Cook asked if HUC would be willing to partner more in economic development projects (i.e. spec building, power contribution, incubator). The HUC will discuss this topic at its next Commission meeting. Mayor Cook briefly explained the Angel Network program. Mayor Cook suggested having a local investment fund to help new or growing businesses. Perhaps the City, EDA and HUC could contribute to this local investment fund. The HUC will discuss all of these items at an upcoming Commission meeting. Mayor Cook noted that the downtown community development study was last completed in 2002 and should be updated again. Perhaps the EDA could partner with the City and HUC on this project as it is value -added for all three entities. Mayor Cook noted that with Commissioner Hanson on the EDA Finance Committee, perhaps items of interest from the EDA could be brought to the HUC's attention to aid in communication. Mayor Cook also mentioned the possibility of any opportunities of sharing equipment between HUC and the City. Staff noted that some of that currently happens, however some equipment is too specialized. Mr. Kumm noted that HUC does track annually cooperative efforts between HUC and the City and he will pass that information on to the City. Mayor Cook asked if there are any other opportunities for shared employees between HUC and the City. Currently, Human Resources, Information Technology and the City Attorney are utilized by both entities. Mayor Cook suggested that seasonal positions could be reviewed to be shared. Staff noted that one issue with the sharing of employees is that HUC is union and the City is not. Mr. Kumm noted that he would like to discuss this subject with his managers and get their feedback. Commissioner Hanson asked about shared positions between the City and the School District. Dolf Moon, PRCE Director, spoke about the PRCE program through the joint powers agreements that have been established. Mr. Moon noted the partnership in place with HUC and the Parks Department for grounds maintenance and landscape projects. Commissioner Johnson noted that regular meetings amongst practitioners could be held to determine if equipment /people could be shared. Mr. Moon spoke of the arrangement between the City and the School District for joint use of facilities. A volunteer coordinator position was mentioned as a possible shared employee. 1�� Natural gas vehicles were discussed. Mr. Kumm provided a brief update on how heavily regulated these vehicles are with EPA certification. Mr. Kumm provided some data on how these types of vehicles are not the most beneficial for organizations such as the HUC and the City. The installation of the refueling stations are very expensive and the use of these types of vehicles are difficult to make economical. In addition, each vehicle needs a conversion kit, which is also very expensive. Studies have shown that these vehicles only see the most benefit on vehicles that drive 15,000+ miles per year. Generally, HUC and City vehicles only acquire about half of that amount of mileage. Specific vehicles would need to be reviewed to analyze the benefit. Discussion was held having the City Administrator as an ex- officio board member to the Commission. Mayor Cook spoke of the benefits to open communication and keeping each entity updated with more consistent participation. Mr. Kumm noted that, per Commission President Dwight Bordson, all HUC meeting are open and public and anyone is welcome to attend, however the need for an ex- officio member is uncertain. Mayor Cook noted in the past it was suggested to have the mayor as the ex- officio, however he feels it would be a better fit with the City Administrator position. Mayor Cook asked that this topic be discussed further by the Commission. This item will be discussed at the next Commission meeting. Discussion was held regarding the HUC transfer formula. Mayor Cook noted that as the City looks forward, several challenges are looming. Even with the shared services such as street lighting and grounds maintenance, compared to other cities with municipal utility plants, the HUC transfer is low. Mayor Cook would like a committee put together to review the transfer formula to see if it can be increased with a phased -in approach. The Commission could discuss assigning a couple representatives to such a committee. Discussion was held regarding disconnecting electricity on vacant homes. When electricity is shut off, sump pumps stop running, water damage occurs which leads to mold issues and destroyed homes. The City is looking to see if electric bills can be certified to tax rolls as one option to recoup unpaid bills. Commissioner Johnson noted that he feels this is a bigger issue than HUC leaving the power on in a home. HUC would like to be a partner in a solution to this problem. Commissioner Johnson suggested perhaps the City could adopt an ordinance regulating the condition of homes (i.e. power always on, certain temperature, etc.). Commissioner Johnson noted an observation on the water debt. He noted that the water quality in the city has improved substantially due to the water improvements and that has a large part to do with the decreased usage amount. Commissioner Johnson noted that rates will probably have to be increased to aid in the debt payoff. Mayor Cook noted that the City is reluctant to raise rates now based on comparing itself to other cities' rates. Hutchinson is still a bit on the higher end. The meeting adjourned at 7:00 p.m. ) �_tsi,_) f WA Hutchinson Housing 8 Redevelopment Authority Regular Board Meeting'I'uesday, April 17, 2012, 7:00 AM Minutes L CALL TO ORDER: Chairman Becky Felling called the meeting to order. Members Present: LaVonne Ilansen. LouAnn Ilohnquist, and Joel Kraft. Staff Present: Jean Ward and Judy Flemming. '. CONS IDERAI ION OF MIN(J I FS OI 11 IF REOULAR BOARD MEE t ING ON MARCH 20, 2012 LaVonne Hansen moved to approve the Minutes of the regular board meeting as written. LouAnn I lotmquist seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. LouAnn I101mquist moved to approve the City Center Gencral Fund payments of $25,659.66 for cheeks 8042 to 8053 and consideration of March 2012 City Center Financial Statements. Joel Kraft seconded and the motion carried unanimously. In. Joel Kraft moved to approve the Park Towers payments of $51.382.68 for checks 11932 to 11967 and consideration of Park lowers February 2012 Financial Statements. LouAnn Holmquist seconded and the motion carried Unanimously. PARK TOWERS UPDA'IT Lt. LOUAnn Holmquist moved to approve Resolution 92012 -4 Adopting Park Towers Schedule of Charges eifioctive. May I, 2012. LaVonne Hansen seconded and the motion carried unanimously. b. Jean Ward updated the Board regarding the 2011 PIIAS Score of 95/100. Joel Kraft moved accept the 2011 PIiAS Score of 95 out of 100. LouAnn Holmquist seconded and the motion carried unanimously. C. Occupancy Status - currently there are 3 vacancies. 5. SCDP PROJECT UI'D.ATE .lean Ward told the Board that the revision of the Short Application was submitted and hopefully we will hear back from DEED in May. 6. CFUF PROGRAM .lean Ward told the Board about all the marketing efforts (News briefs, Community Affairs k HCVN) done for the CF1JF Energy loans $250.00 rebate program. 7, UPDATE ON 400 LYNN ROAD a. The Board read a letter from Daryl Lundin, schoot instructor, on the progress and construction schedule for 400 Lynn Road. b. .lean Ward told the Board that there have been a few showings, but there has not been too many homes sold in the current price range. 8. SALE OF 587 FRANKLIN STREET TO I IABtTAf FOR HUMANITY The closing for the sale to Habitat for Humanity is today at 10 AM. The net proceeds will be about $2,300. lie i .-April 17, 1012 Minutes page€ of 12-�� 9. FIRST LOOK PROGRAM ,Joel Kraft moved to close on the purchase of 7 34 Southview Drive SW for $43,815. LouAnn Holmquist seconded and the motion carried unanimously. 10. OTHER a. FYI: Foreclosure Update b. City is reviewing the nuisance house ordinance. The I MA helps the City by participating in the First Look Program to purchase toreclosed Inonnes. 11. ADJOURNNIJ Nf There being no other business. Chairman Becky Felling declared the meeting adjourned. Recorded by .lean Ward, HRA Executive Director LaVonne Hansen, Secretary /Treasurer Apr II I7, 201? Ibt i III 1ICS t Planning, Zoning, and Building Dept. Monthly Report April 2012 Buildinq Department Permit Activities Planning, Zoning, and Building Department— Other Activities Facilities Management/Maintenance Activities: Evergreen Meals served in April, 2012 i 1 ' Park Silver Week Of Hutchinson Towers Lake Glencoe Brownton Stewart 4/2011 3/2012 2011 Year to Date 2012 Year to Date Total Number Inspections 92 103 280 303 Building Permits Issued by Type Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Year to Date Number Permits & Valuation Commercial new 1 - $1,450,000 0 1 - $1,450,000 0 Commercial Additions/ Remodels 5-$53,000 7 - $159,300 23 - $227,100 19 - $1,070,000 Industrial (new) 0 0 0 0 Industrial Additions /Remodels 0 1-$625,000 0 1 -$625,000 Fire Sprinkling 0 0 1-$134,800 2-$1,600 Total New Residential Units (Single Family, twins, townhomes) 0 0 0 0 Residential misc. additions, repairs, remodels, etc 21 - $115,642 16-$69,594 45 - $258,642 32 - $195,664 Set fee permits reside, reroof, window replacement, misc.)` 46 67 75 123 HRA Permits 3-$200,000 3 - $17,671 4-$200,000 9 - $57,671 Subtotal Building Permits: $1,818,642 $871,565 $2,270,542 $1,949,935 Mechanical 13 12 - $34,151 58-$60,531 40 - $135,651 Plumbing* 2 9 14 21 Signs* 1 5 24 44 Total Permits issued and valuation 92- $1,818,542 120 - $905,716 245 - $2,331,073 291 - $2,085,586 ` Set fees not included in valuation Planning, Zoning, and Building Department— Other Activities Facilities Management/Maintenance Activities: Evergreen Meals served in April, 2012 i 1 ' Park Silver Week Of Hutchinson Towers Lake Glencoe Brownton Stewart 4/1-4/7 260 138 52 108 46 53 4/8-4/14 211 170 67 146 67 69 4/15-4/21 226 172 67 140 63 60 4/22-4/28 239 136 85 137 53 64 4/29-4130 44 34 13 41 0 12 Total 9801 650 284 572 229 258 Total Meals served in April - 2,973 Other Building Inspection Activities: April 18 CCLD Education in Mankato Planning, Zoning, and Building Dept. Monthly Report for March, 2012 Page 2 Planning and Zoning Monthly Activities Month/Year: April, 2012 Activity Number Additional Info. Number of Planning Applications Reviewed and 2 HAHC —Modular training bldg Processed Band shelter in floodway Number of Joint Planning Board Applications 0 Reviewed and Processed Number of Planning Commission Meetings 1 Number of Joint Planning Meetings 1 Number of Zoning Reviews for Building Permits 9 Number of Land Use Permits Issued 18 Number of Zoning Reviews for Sign Permits 5 1 banner 4 permanent signs Number of PredevelopmenttPre Application 4 Met with Mayor & City Administrator on vacant buildings Meetings Met with surveyor Band shelter at West River Park HAHC training building Number of Misc. Planning Meetings 29 Budget (7) Management team (5) Facility Assessment (6) Resource Allocation Comp Plan Wrap up 2011 Flood Insurance Study Public Arts Wellness Committee (3) City Council, Planning Commission, Sensible Land Use Met with property owner on proposed deck Number of Zoning Enforcement Cases 5 1820 Island View Circle SW (3) Hutch Iron and Metal 125 Michigan St NE Number of Walk -In Customers Served 378 Site Visits 12 Harmony River tour 455 Northwoods 587 Franklin St Hutch Coop ATCH Dog Day Care Century Ave water tower site0 MINUTES HUTCHINSON PLANNING COMMISSION SPECIAL MEETING Tuesday, May 1, 2012 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members present: Raymond Norton, Christie Hantge, Dean Kirchoff, Dave Johnston and Chairman Lofdahl. Absent: Jim Fahey and Bill Arndt Also present: Dan Jochum, Planning Director and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated April 17, 2012 Mr. Kirchoff moved to approve the consent agenda as submitted. Seconded by Ms. Hantge. The consent agenda was approved unanimously 4. PUBLIC HEARINGS a) CONSIDERATION OF INTERIM USE PERMIT REQUESTED BY HUTCHINSON AREA HEALTH CARE TO ALLOW PLACEMENT OF A TEMPORARY MODULAR BUILDING TO SERVE AS A CONFERENCE ROOM TO SUPPORT SPACE NEEDS FOR MEDICAL RECORDS TRAINING FOR STAFF AT 3 CENTURY AVE S.E. Chairman Lofdahl opened the hearing at 5:33 p.m. with the reading of publication #7919 as published in the Hutchinson Leader on March 7, 2012. Mr. Jochum explained the request is to bring in a 12' x 56' temporary modular building to serve as a conference room in order to support space needs for implementation of electronic medical records training. He explained the difference between an interim use and conditional use permit. He stated that an interim use permit will have an end date attached to the permit. He continued by stating space is needed to train approximately 600 staff on a new software program. The temporary building will be placed on the parking lot on the west side of the building near the lower entrance presently used by cardio rehab and meeting rooms on the lower level of the hospital. It will take up approximately 11 parking spaces. The trailer is similar to a construction trailer and it is in good condition. It is not wide and will fit into the parking spaces. There are additional parking spaces owned by HAHC across Freemont Avenue to the north in the former Plaza 15 that can be used to make up for the lost parking spaces. Electrical will be run to the trailer. They will use electric heat in the winter. There are bathrooms available immediately inside the entrance of the Hospital that will be utilized. This is a temporary use from May 2012 — February 1, 2013. Mr. Jochum indicated training will be one hour at a time. Discussion followed on the setback to the street on the north. Mr. Jochum commented on the setback and had no concern with the setbacks. Mr. Jochum commented on the following Minnesota Statute 462.3597 standards for granting an interim use permit: 1aw� Minutes Special meeting Planning Commission — May 1, 2012 Page 2 (a) The use conforms to the zoning regulations, (b) The date or event that will terminate the use can be identified with certainty; (c) Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and (d) The user agrees to any conditions that the governing body deems appropriate for permission of the use. He reported staff would recommend approval of the request with the following recommendations: 1. The standards for granting an interim use permit would be met, subject to the conditions stated. 2. HAHC should coordinate accessibility issues with the Building Official and the building may need to be accessible per the Building Official. 3. The use must cease by February 1, 2013. Ms. Hantge made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 5:39 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Johnston, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held May 8, 2012, in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS Mr. Jochum reminded the commissioners that John Lofdahl, Mayor Cook and himself will be attending the May 10 Shoreland meeting in Brainerd and will report at the May 15 Planning Commission meeting. 6. OLD BUSINESS Mr. Jochum reported the Verizon Satellite Dish conditional use permit was tabled at the City Council meeting. There will be an additional recommendation stating: A lease agreement between Ridgewater College and Verizon Wireless for telecommunication access must be reached as a condition of approval for the antenna project on the Century Ave. water tower. 7. COMMUNICATION FROM STAFF 8. ADJOURNMENT There being no further business the meeting adjourned at 5:45 p.m. MI MINUTES HUTCHINSON AREA JOINT PLANNING BOARD Wednesday, April 18, 2012 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Jim Lauer at 5:30 p.m. with the following members present: Tom Wirt, Lynn Splittgerber, Garrett Luthens, and Chairman Lauer. Absent: Bill Arndt Also present: Larry Gasow, McLeod County Zoning Administrator, Marc Sebora, City Attorney, Marc Telecky, McLeod County Assistant Zoning Administrator and Bonnie Baumetz, Planning Coordinator 2. OATH OF OFFICE OF NEW JOINT PLANNING BOARD MEMBER LYNN SPLITTGERBER 3. APPROVAL OF MINUTES a) Consideration of Minutes dated November 16, 2011. Mr. Wirt made a motion to approve the minutes of November 16, 2011. Seconded by Mr. Luthens, the motion carried unanimously. 4. ELECTION OF OFFICERS Chairman Lauer called for nominations for Chairman. Mr.Wirt moved to nominate Mr. Lauer for Chairman. Mr. Luthens moved nominations cease. Seconded by Mr. Wirt nominations ceased. Mr. Luthens moved to cast a unanimous ballot to elect Mr. Lauer as Chairman, seconded by Mr. Wirt the motion carried for Mr. Lauer as Chairman. Chairman Lauer called for nominations for Vice Chairman. Mr. Wirt moved to nominate Mr. Arndt for Vice Chairman. Mr. Luthens moved nominations cease. Seconded by Mr. Wirt nominations ceased. Mr. Luthens moved to cast a unanimous ballot for Mr. Arndt as Vice Chairman. Seconded by Mr. Splittgerber the motion carried to elect Mr. Arndt as Vice Chairman. 5. PUBLIC HEARINGS a) CONSIDERATION OF A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF AN ADDITION TO RIVERSIDE CHURCH LOCATED AT 20924 HWY 7 Chairman Lauer opened the hearing at 5:40 p.m. with the reading of publication #7924 published in the Hutchinson Leader on Wednesday, April 4, 2012, Mr. Gasow explained Riverside Assembly of God has made application for a conditional use permit to expand with an addition onto their existing church located within the Hutchinson Joint Planning Area. The proposed addition will be a 70' x 80' multi - purpose educational area to also include an 8' x 11' walkway from one structure to the next. The addition will be to the rear of the church which is located within Lot 8, Bilk 1, Bachman's First Addition which is located within the R -1 Residential District. He reported the existing church is located within a platted subdivision with a mixture of residential and commercial property. Because of the expansion this request is an amendment to their CUP which states: Churches, cemeteries and memorial gardens are subject to obtaining a Conditional Use Permit. Handicap Accessibility plans will need to be reviewed, inspected and approved. McLeod County SSTS Rules will be adhered to. The applicant shall also adhere to all other local, state and federal rules and regulations. The 1 �_(e-� Minutes Joint Planning Board - April 18, 2012 Page 2 addition will meet all standards for setbacks, lot coverage and the use of the property by meeting conditions as set forth within the ordinance. Mr. Gasow stated that staff recommends approval with the following recommendations and noted public buildings do have to follow State regulations: Plans shall be designed and signed by a licensed architect and/or engineer and also, plans must be reviewed by the local fire chief at the time of the land use permit application. Terrance Birch, 19261 Turner Avenue, stated he is the neighboring property owner to the northeast and has concerns regarding the water runoff from the church property as the land slopes to the north. Dale Baker, representing Riverside Church, explained the extent and location of the church property. Mr. Birch commented on his concerns with water drainage affecting his septic system. He stated water has also washed out the ditch to the road. Mr. Baker explained the church property to the north is all grass and drains to the 192 Street ditch and into a culvert. Mr. Telecky explained the County can do area calculations if the property is disturbed more than an acre with impervious surface. Also, there can be a condition that no runoff from the new structure will be directed to the north. Discussion followed on diverting water to the retention pond on the church property. There was further discussion on the existing condition with the concern the building would increase the condition. Mr. Telecky explained there is a State NPDS permit to address the water runoff. Discussion followed regarding the runoff problem. Mr. Telecky stated the ordinance addresses runoff water. Atty. Sebora commented they should not increase the flow of water by the proposal today. Mr. Telecky stated if approved by the County Board, staff will work with Mr. Baker to address not increasing the problem. Mr. Baker stated there is a pond on the property. Mr. Gasow stated the area is wet. The wetlands are manmade and suggested a grass swale to the pond. Mr. Baker questioned where the water may be coming from. Discussion followed on the long term impact to the north properties. Mr. Baker stated the church is not opposed to work on the water problem. Mr. Telecky stated he reserves comment to a fix until the problem is researched. Mr. Gasow explained there is a way to calculate the amount of runoff from a roof. Mr. Wirt moved to close the hearing. Seconded by Mr. Luthens. The hearing closed at 6:10 p.m. Mr. Wirt made a motion to approve the request with staff recommendations "adding and /or engineer and plans reviewed by the local fire chief'. Seconded by Luthens, the motion carried unanimously. Mr. Telecky stated this item would be forwarded to the County Board and placed on their agenda. The time and date in May is to be determined. 6. NEW BUSINESS a) None 7. OLD BUSINESS a) None 8. COMMUNICATION FROM STAFF a) Chairman Lauer asked that township officials be invited to the May 16`" meeting for an update on the City Comprehensive Plan. 9. ADJOURNMENT There being no further business the meeting adjourned at 6:15 p.m. CITY OF HUTCHINSON Financial Report - GENERAL FUND For the month of April, 2012 SUMMARY FINANCIAL STATEMENT: This category is reflecting a YTD increase over last year mainly due to Recreation Fees; $46,889, Motor Vehicle Fees; $23,250 and offset by lower Event Center rentals; $(7,193). The increase in Recreation fees is due mostly to the timing difference in the payout of baseball registration fees to Hutchinson Junior Baseball. The City administers the registration, collects all fees and then issues a check to the Category 2012 Month of April 2012 April YTD 2012 Approved Budget 2012 Budget Balance % Used 2011 April YTD A Id Used REVENUES: This reversal causes a negative variance all year until we book the 12/3112012 market value adjustment; $(16,922). Reimbursements YTD 2012 includes a Workers Compensation premium rebate of $32,004, which is the first rebate we have received since at least 2001. Also contributing to the change from YTD 2011 is the timing difference in reimbursement from HUC for HR support. The first quarter HR support for 2012 was received in April; $34,463 where in 2011 it wasn't received until June. 4005 Taxes & Penalties - 4,491,446 4,491,446 0.0% 0.0% 4050 Licenses 1,470 48,706 53,500 4,794 91.0% 44.775 87.3% 4070 Permits 18,730 44,412 158,950 114,538 27.9% 36,944 246,600 15.0% 4100 Inter ovemmental 12,063 45,653 1,194,876 1,149,023 3.8% 49,621 1,144,277 4.3% 4250 Charges for Services 167,483 551,276 1,852,400 1,301,124 29.8% 480,578 1,843,596 26.1% 4400 Fines & Forfeitures 7,330 18,424 45,000 26,576 40.9% 16,436 45,000 36.5% 4620 Investment Earnings 16,922 35,000 51,922 -48.3% 5,119 70,000 7.3% 4700 4800 4890 Reimbursements Transfers Surcharge 76,425 326,844 510 135.978 327,099 1,561 407,152 2,090,376 350 271,174 1,763,277 1,211 33.4% 15.6% 446.0% 76,581 314,477 983 568,385 2,161,535 400 13.5% 14.5% 245.9% 4998 Fund Balance - 10,000 10.000 0.0% - 15,000 0.0% TOTAL REVENUES 610,855 1,156,387 10 339,060 9182 663 11.2% 1,025 515 10,637 9.6% EXPENDITURES: 6105 Salaries & Fringe Benefits 481,482 2,066,211 6,633,597 4,567,386 31A% 2,270,507 6,607,157 34.4% 6200 6300 6306 Supplies, Repairs, Maint. Contractual Services Services & Charges 69,900 5,591 174,856 229,985 93,385 611,196 790,835 462,442 2,155,664 560,850 369,057 1,544,468 29.1% 20.2% 28.4% 205,515 96,309 566,033 761,532 465,925 2,233,927 27.0% 20.7% 25.3% 6600 Debt Service - 0.0% - - 0.0% 6700 6900 7000 Transfers Misc. Expenses Capital Outlay 12,322 2,000 96,816 92,750 203,762 - 90,750 106,946 - 2.2% 47. 0.0% 2,000 90,249 978 89,300 479,698 - 2.2% 18.8 °h 100.0% TOTAL EXPENDITURES 744 3,099,593 10 339 050 7,239,457 30.0% 3,231 10 637 639 30.4% TOTAL REVENUE OVER UNDER EXPENDITURES 133297 1943205 ) 43 100.0% f7 206077 100.0% COMMENTS: REVENUES: Charges for Services This category is reflecting a YTD increase over last year mainly due to Recreation Fees; $46,889, Motor Vehicle Fees; $23,250 and offset by lower Event Center rentals; $(7,193). The increase in Recreation fees is due mostly to the timing difference in the payout of baseball registration fees to Hutchinson Junior Baseball. The City administers the registration, collects all fees and then issues a check to the association once registration is closed. The association was paid in March last year and will be reimbursed in May this year. Motor Vehicle fees are up due in part to an increase in the number of transactions, but also due to a fee increase of $1.50 per transaction as of 71112011. Investment Earnings The 2012 activity includes an accrual reversal related to the 12131=11 market value adjustment on our investments. This reversal causes a negative variance all year until we book the 12/3112012 market value adjustment; $(16,922). Reimbursements YTD 2012 includes a Workers Compensation premium rebate of $32,004, which is the first rebate we have received since at least 2001. Also contributing to the change from YTD 2011 is the timing difference in reimbursement from HUC for HR support. The first quarter HR support for 2012 was received in April; $34,463 where in 2011 it wasn't received until June. EXPENDITURES: Salaries & Fringe Benefits The decrease in YTD 2012 from 2011 is due to the payout in 2011 of severance and vacation balances to the employees who retired 12/31/2010. The majority of the vacation was paid out in the first quarter of 2011 and the severance was paid out in April 2011. Supplies, Repairs, Maint. The increase in YTD 2012 from 2011 is due to costs related to the LETG project; $24,640. The majority of this cost is for 5 new Toughbook laptops for use in the squad cars; $18.818. Services & Charges The increase in YTD 2012 from 2011 is due in part to street crack repairs completed in April; $24,165. Misc. Expenses The increase in YTD 2012 from 2011 is due to the increase in the Coalition of Greater MN Cities fee; $6,256. � )�f) EXPENDITURES BY DEPARTMENT: Department 2012 Month of Ap ril 2012 April YTD 2012 Approved Budget 2012 Budget Balance %Used 2011 April YTD 2011 Approved Budget %Used Mayor &City Council 2,601 12,489 53,814 41,325 23.2% 12,208 51,866 23.5% City Administrator 29,119 126,004 380,851 254,847 33.1% 174,919 385,766 45.3% Elections 602 632 16,000 15,368 3.9% 573 10,000 5.7% Finance Department 26,842 114,479 364,529 250,050 31.4% 157,914 381,614 41.4% Motor Vehicle 20,054 97,364 271,910 174,546 35.8% 107,034 252,887 42.3% Assessing - - 61,911 61,911 - 61,911 Legal 18,422 69,718 233,181 163,463 29.9% 69,510 234,519 29.6% Planning 11,383 48,274 117,320 69,046 41.1% 52,167 170,830 30.5% Information Services 33,173 118,789 452,687 333,898 26.2% 105,295 360,943 29.2% Police Department 244,721 982,713 2,915,131 1,932,418 33.7% 911,715 3,029,871 30.1% Emergency Management 3,820 4,182 13,025 8,843 32.1% 1,478 10,000 14.8% Safety Committee - 7,726 13,450 5,724 57.4% 2,919 13,450 21.7% Fire Department 17,024 100,015 296,805 196,790 33.7% 90,978 460,763 19.7% Protective Inspections 13,197 56,988 206,188 149,200 27.6% 48,041 155,350 30.9% Engineering 35,431 152,181 457,614 305,433 33.3% 150,864 463,959 32.5% Streets & Alleys 109,566 341,204 1,308,421 967,217 26.1% 369,263 1,437,814 25.7% City Hall Building 7,564 32,997 121,698 88,701 27.1% 35,377 131,427 26.9% Park/Recreabon Administration 24,304 76,179 215,295 139,116 35.4% 65,277 211,546 30.9% Recreation 14,095 69,008 217,894 148,886 31.7% 75,108 218,893 343% Senior Citizen Center 4,820 19,829 67,635 47,806 29.3% 20,781 72,990 28.5% Civic Arena 20,912 124,551 326,765 202,214 38.1% 135,037 331,624 40.7% Park Department 55,449 215,389 721,981 506,592 29.8% 206,107 720,738 28.6% Recreation Building & Pool 9,550 41,869 187,760 145,891 22.3% 45,446 185,393 24.5% Events Center 14,784 62,534 231,225 168,691 27.0% 69,328 224,688 30.9% Evergreen Building 798 3,121 12,305 9,184 25.4% 3,817 13,130 29.1% Library 2,601 47,630 183,970 136,340 25.9% 48,487 183,759 Cemetery 8,819 23,934 108,400 84,466 22.1% 66,426 112,511 76.8% Airport 5,502 17,104 100,235 83,131 17.1% 26,555 101,314 261% Revenue Department - - 50,000 50,000 - 50,000 Unallocated General Expense 8,998 132,690 631,050 498,360 21.0%1 158,969 597,983 26.6% TOTAL EXPENDITURES 744 3,099,593 10 339 050 7.239.457 30.0% 3 10 637 539 30.4% )arf) Department: ILiquor Fund: Li uor Category 2012 Month of April 2012 April YTD 2012 Approved Budget 2012 Budget Balance %Used 2011 April YTD 2011 Approved Budget %Used 655,475 9.3% 7,498 8,545 -12.3% 1,479,503 1,381,589 7.1% 66,249 REVENUES: 5.2% $ 22.33 $ 21.95 1.8% 4450 Sales - Liquor 4450 Sales - Wine 4450 Sales - Beer 4450 Sales - Other 4620 Investment Eamin s 4700 Reimbursements 127,388 64,851 192,276 2,392 137 1,211 506,090 249,568 716,347 7498 599 1,711 1705,453 852,364 2,601,267 21,142 1,000 2,000 1,199,363 602,796 1,884,920 13,644 401 289 291% 29.3% 27.5% 35.5% 59.9% 85.6% 481,823 235,746 655,475 8,545 376 555 1,705,453 759,895 2,681,718 11,142 3,000 - 28.3% 31.0% 24.4% 76.7% 12.5% 100.0% TOTAL REVENUES 388,266 1,481,812 5 183 228 3,701 414 28.6% 1,382 620 6 161 208 26.8% Gross Margin % 322,696 367,427 24.8% 1,248,158 24.1% (880,731) 29.4% 150,618 10.9% 1,223,629 23.7% 12.3% EXPENDITURES: 6800 Cost of Sales 6105 Salaries B Fringe Benefits 6200 Supplies. Repairs, Maint. 6306 Services &Charges 6600 Debl Service 6700 Transfers 6898 Depreciation 6900 Misr. Expenses 64,212 36,943 318 11822 - - 630 1,112,076 152,106 2,966 55,836 - - - 944 3,932,068 436,850 16,600 186,500 128,035 420,000 77,671 3,650 2,819,992 284,744 13,634 130,664 128,035 420,000 77,671 2,706 282% 34.8% 17.9% 29.9% 0.0% 0.0% 0.0% 25.9% 1,230,971 143648 3,466 51,501 - - 140 3,934,579 439,844 20,400 168,105 128,048 451,030 77,671 3,250 31.3% 32.7% 17.0% 30.6% 0.0% 0.0% 0.0% 4.3% TOTAL EXPENDITURES 117 925 1 323 928 6 201,374 3,877 446 25.6% 1,429 726 6 222 927 27.4% TOTAL REVENUE OVER UNDER EXPENDITURES 274331 167884 18148 176032 47206 61719 76.5% COMMENTS: REVENUES: Sales Year- to-Date Sales Liquor Wine Beer Other Total Sales YTD Customer Count Average Sale per Customer EXPENDITURES: Cost of Sales Salaries & Fringe Benefits Services & Charges Debt Service Depreciation The poor weather in April 2012 resulted in a 3% decrease in sales compared to last year, with the customer count down 526 for the month. YTD 2012 sales remain good when compared to the poor YTD 2011 sales, up 7 %, with the customer count up 3,299, or 5 %. The store has discontinued taking personal checks as of May 1st. Cashiers will continue to take personal checks through May 31st for patrons who are unaware of the change, but starting .tune 1st no personal checks will be allowed. YTD YTD 2012 2011 Chance 506,090 481,823 5.0% 249,568 235,746 5.9% 716,347 655,475 9.3% 7,498 8,545 -12.3% 1,479,503 1,381,589 7.1% 66,249 62,950 5.2% $ 22.33 $ 21.95 1.8% April April 2 2017 Change 127,388 132,050 .3.5% 64,851 66,429 -5.2% 192,276 194,576 -1.2% 2,392 3,681 -35.0% 386,907 398,736 -3.0% 17,172 17,698 -3.0% $ 22.53 $ 22.53 0.0% April reflects a change in accounting for Cost of Sales and Inventory. We are now accounting for actual inventory levels monthly where in prior years we updated inventory only at year end. This change will bring the monthly financials in line with reports generated by Candice and will present a more accurate Cost of Sales. Training hours for new part-time employees contribute to the increase in this expense category. Annual wage mertt increases also contribute to the increase over the prior year. The increase over YTD 2011 is due to credit card fees; $2,200 and cooler repairs; $2,440. The increased credit card fees are due to increased sales as well as increased use of credit cards. The trend of increased cretllt card usage was anticipated in the 2012 budget and YTD expense is trending just below the budgeted amount. Loan payments to Water and Sewer Funds are made in December of each year Depreciation is calculated and booked at year -end. �W) Department: Creekside Fund: I Com ost 2012 2012 2012 2012 2011 2011 Category Month of April Approved Budget %Used April Approved %Used April YTD Budget Balance YTD Budget REVENUES: 4250 Charges for Services 55 45,131 132,000 %,869 34.2% 21,800 20,000 109.0% 4450 Sales - Bulk Product 23,301 36,193 145,000 tioa,607 25.0% 9,522 100,000 9.5% 4450 Sales - Ba ed Product 476,194 1,024,686 1,759,629 734,943 58.2% 829,611 1,700,000 48.8% 4450 Sales - Other 26,006 40,612 66,000 25,388 61.5% 28,589 67,000 421% 4620 Investment Earnings 1,949 - 1,949 10090% 202 - 100.0% 4700 Reimbursements 597 607 1,000 393 607% 2,000 0.0% TOTAL REVENUES 526163 1146280 2,103629 968349 64.4% 889,724 1889,000 47.1% Gross Margin 212,807 405,688 769,686 (363,998) 52.7% 241,740 1,011,000 219% % 40.5% 36.8% 39.1% 27.9% 54.2% EXPENDITURES: 6800 Cost of Sales 312,694 695,804 1,200,943 505,139 57.9% 625,982 856,000 73.1% 6105 Salaries & Fringe Benefits 34,639 161,327 478,605 317,278 33.7% 160,785 578,863 27.8% 6200 Supplies Repairs, Maint. 4,617 12,243 24,350 12,107 1 50.3% 25,946 52,130 49.8% 6300 Connected Services 11,676 20,583 58,000 37,417 35.5% 8,778 43,000 20.4% 6306 Services &Cha es 12,687 33,161 117,800 84,639 28.1% 28,317 150,295 18.8% 6700 Transfers - - 57,800 57,800 0.0% - 57,800 0.0% 6898 De reciation 3,000 12,258 70,290 82,548 -17A% 10,954 146,184 -7.5% 6900 Misc. Ex 1,520 4,201 8,500 4,299 49.4% 2 12,500 19.0% 7000 Capital Outlay 725,000 125,000 0.0% - 94 000 0.0% TOTAL EXPENDITURES 374 827 916 061 2,141,288 1 226 227 42.7% 841 230 1 990 772 42.3% TOTAL REVENUE OVER 151326 230219 37669 267 - 677.3% 48494 701772 .47.6% UNDER EXPENDITURES n COMMENTS: REVENUES: Charges for Services St. Cloud purchased our de- bagger in February 2012 for $45,000. Sales YTD 2012 sales have been very favorable with the mill spring weather. Bulk and bag quantities will be supplied in next month's report. Investment Earnings The 2012 activity includes an accrual reversal related to the 12/31/2011 market value adjustment on our investments. This reversal causes a negative variance all year until we book the 12/3112012 market value adjustment EXPENDITURES: Contracted Services The majority of this expense category relates to services for turning the compost rows at the St. Cloud operation which we are managing; $13,432. The remaining activity is the temporary labor used in operations; $7,151. Transfers Transfers are made at year -end. Depreciation Depreciation is calculated and booked at year -end. The negative activity all year is due to including depreciation in the cost of the product, essentially moving the cost from the P &L to inventory on the Balance Sheet )arf) Department: Refuse Fund: lRefuse 2012 2012 2012 2012 2011 Category Month of April Approved Budget %Used April ! 2011 April YTD Budget Balance YTD REVENUES: 26,000 26,000 0.0% 4100 Inter overnmental - - 0.0% - - 0.0% 4250 Char es for Services - 93,306 - 376,079 - 1,143,100 767,021 32.9% 377,809 1,167,000 32.4% 4450 Sales 2,836 2,836 100.0% 522 - 100.0% 4620 Investment Eamin s - - 0.0% - 0.0% 4700 Reimbursements - - TOTAL REVENUES 93306 373 1,168100 796,857 31.9% 378331 1 31.6% EXPENDITURES: - 5,000 5,000 0.0% - 5,000 0.0% 6800 Cost of Sales - 13,420 56,879 148,420 it 1,541 383% 47,951 143,945 6105 Salaries 8 Frin is Benefits 959 3,936 68,700 1 64,764 1 5.7% 33,627 122,950 6200 Su lies, Re airs, Maint. 1,406 15,000 13,594 9.4% 845 31,000 2.7% 6300 Contracted Services 690 165,697 658,417 492,720 25.2% 153,021 667,800 20.0% 6306 Services 8 Char es 51,854 - 6700 Transfers - 55,000 55,000 0.0% 264,811 0.0% 6898 De reciation - - 163,073 163,073 0.0% - 6900 Misc. Ex nses 54 7000 Ca ital Outla - TOTAL EXPENDITURES 66,977 228 030 1 113 610 886 680 20.6% 244177 138960 17.6% TOTAL REVENUE OVER 26329 146 66490 89 261.7% 13 164 193040 - 68.6Y. UNDER EXPENDITURES COMMENTS: REVENUES: Intergovernmental This income category consists of the County reimbursement for the site montior (SCORE). Reimbursements are received quarterly and we expect the first reimbursement in May or June. Sales YTD sales are tracking to budget. Investment Earnings The 2012 activity includes an accrual reversal related to the 12131/2011 market value adjustment on our investments. This reversal causes a negative variance all year until we book the 1 213112 01 2 market value adjustment. EXPENDITURES: Supplies, Repairs, Mainl. The YTD 2012 decrease from YTD 2011 is due primarily to the compost bag program; $(23,886). We changed our program in 2011, handing out bags to residents on pre - determined dates at the Fairgrounds and anytime at City Center rather than delivering door - to-door. History has shown that many bags delivered door -to door were simply being lhmwn out in the trash. This change has resulted in a significant savings in bag cost. Services & Charges The majority of the increase in YTD 2012 from YTD 2011 is due to the increase in Waste Management's hauling fee; $5,344. The contract calls for the fee to be increased by the change in the CPI on April 1st and October 1st of each year. The change in the CPI amounts to a 5% increase when comparing the first quarter 2012 expense to the first quarter 2011 expense. Other expenses of note in YTD 2012 include the cost to print new stickers for the Organic Carts; $2,351 as well as additional cost to foam seal the wall between the office and tipping room; $2,663. Transfers Transfers are made at year -end. Depreciation Depreciation is calculated and booked at year -end. ia�f) Department: lWater Fund: lWater Services & Charges 2012 2012 2012 2012 The annual principal payments and semi- annual interest payments were made in January on the 2005 and 2006 water 2011 2011 Category Month of April Approved Budget %Used April Approved %Used April YTO Budget Balance YTD Budget REVENUES: 4005 Taxes 42,341 67,096 252,000 184,904 26.6% - - 0.0% 4020 ISpecial Assessments - - - - 0.0% - - 10% 4250 lChames for Services 1,821 23,196 32,000 8,804 72.5% 12,309 32,000 38.5% 4450 ISales 183,161 715,751 2,347,500 11.631,749 30.5% 753,595 2,501,500 301% 4620 Investment Earnings 7,257 20,000 27,257 -36.3% 19,873 20,000 -99.4% 4700 Reimbursements 2,624 2,619 64017 61,398 4.1% 90 63,802 0.1% 4800 Transfers 30 - 30 100.0% 90 700.0% TOTAL REVENUES 229 801 2,715,517 1,914082 29.5% 746,210 2617,302 28.6% EXPENDITURES: 6105 Salaries &Frin eBenefils 32,769 119,005 443,330 324,325 26.8% 127,342 452,846 6200 Supplies, Repairs, Maint. 9,719 25,124 143,975 118,851 17.5% 28,290 149,600 6300 Consulting 1,007 5,098 50,000 44,902 10.2% 5,978 50,000 420�2% 6306 Services 8 Che es 34,573 101,292 405,550 304,258 25.0% 98,080 485,450 6600 Debt Service 204,669 1,218,884 1,014215 16.8% 228,125 1,211,338 6700 Transfers - - 43,145 43,745 0.0% 43,145 6898 Depreciation - - 1,020,000 1,020,000 0.0% - 1 0.0% 6900 Misc. Expenses 278 7,544 15,850 8,306 47.6% 4,959 13,450 36.9% 7000 Capital Outlay - 250,000 250,000 0.0% 240.000 0.0% TOTAL EXPENDITURES 78,345 "2,733 3,590,734 3,128 001 12.9% 492 773 3,645,829 13.6% TOTAL REVENUE OVER UNDER EXPENDITURES 161601 338707 (876 1213920 -38.7% 263437 11 -24.6% COMMENTS: REVENUES: Taxes This income category consists of the Local Sales Tax which was effective January 1, 2012. The YTD 2012 amount shown above reflects January and February receipts from the State. Actual receipts have been more favorable than the P &L indicates as there is a lag of approximately 40 days after month end until we receive settlement from the State. Charges for Services This income category consists of the Antenna Rent from Verizon & T- Mobile on the City water lowers. YTD 2012 is reflecting an increase over YTD 2011 due to Verizon paying their entire 2012 rent in January on one antenna, where in prior years they paid it monthly; $16,210. Sales Water sales are tracking slightly below budget. Consumption figures will be supplied in next month's report. Investment Earnings The 2012 activity includes an accrual reversal related to the 12/31/2011 market value adjustment on our investments. This reversal causes a negative variance all year unfil we book the 12/31/2012 market value adjustment. EXPENDITURES: Supplies, Repairs, Maint. The majority of this expense category is for chemicals, which is tracking below budget YTD. Services & Charges This expense category consists mainly of Liabiley Insurance, Utilities and Contract Repair & Maintenance. Utilities and R&M are trending below budget currently due to the mild winter and the insurance premiums are paid in October. Debt Service The annual principal payments and semi- annual interest payments were made in January on the 2005 and 2006 water revenue bonds and the 2009 water refunding bonds . The second interest payments will be made in July. Semi- annual interest payment was made in February for the 2005 & 2006 PFA bonds with principal and the final interest payment due in August. Transfers Transfers are made at year -end. Depreciation Depreciation is calculated and booked at year -end. Department: 1wastewater Fund: ISewer 2012 2012 2012 2012 revenue bonds and the 2009 sewer refunding bonds . The second interest payments will be made in July. SemFannual 2011 2011 Transfers Category Month of April Approved Budget % Used April Approved %Used April YTD Budget Balance YTD Budget REVENUES: 4005 Taxes 58,471 92,656 348,000 255,344 26.6% - - 0.0% 6,700 7,000 300 951% 6,800 7,500 90.7% 4070 Permits - 80 180 7.000 6,820 2.6% 1,218 6,000 20.3% 4250 Charges for Services 322,576 1,174,913 3,190,000 2,015,087 36.8% 1,362,480 3494,000 39.0% 4450 Sales 10,878 20,000 30,878 -54A% 29,491 20,000 - 147.5% 4620 Investment Earnings 3,183 6,463 64,017 57554 10.1% 15,970 - 100.0% 4700 Reimbursements 0.0% 63,802 0.0% 4800 Transfers - - - TOTAL REVENUES 384 1 3 2,366963 34.9% 1,356977 3,591302 37.8% EXPENDITURES: 6105 Salaries & Fringe Benefits 44,003 192,484 623,725 431,241 30.9% 182 752 620,093 29.5% 6200 Supplies, Repairs, Maint. 20,860 91,339 405,500 314,161 22.5% 151,099 404,500 37.4% 6300 Consuftina 5 15,379 120,000 104,621 12.8% 34,870 120,000 29.1% 6306 Services &Charges 44,248 182,457 747,300 564,843 24.4% 204,335 737,225 27.7% 6600 Debt Service - 434,319 1,527,212 1,092,893 28.4% 423,759 1,516,000 28.0% 6700 Transfers - - 43,145 43,145 0.D% 43,145 0.0% - - 1,620,000 1,620,000 0.0% - 7620,000 0.0% 6898 Depreciation 119 15,606 27,000 11,394 57.8% 15,549 22500 68.8% 6900 Misc. Expenses 350,000 350,000 0.0% 350,000 0.0% 7000 Capital Outlay TOTAL EXPENDITURES 114,922 931 683 3 88 5 462 4,532 299 1 17.0% 1,012 363 6,433,563 18.6% TOTAL REVENUE OVER UNDER EXPENDITURES 269.389 338.461 1,827,866) 2166 316 -18.6% J44613 1842 261 -18.7% COMMENTS: REVENUES: Taxes This income category consists of the Local Sales Tax which was affective January 1, 2012. The YTD 2012 amount shown above reflects January and February receipts from the State. Actual receipts have been more favorable than the P &L indicates as there is a lag of appmximately 40 days after month end until we receive settlement from the State. Sales Sewer sales are tracking above budget. Consumption figures will be supplied in next month's report. Investment Earnings The 2012 activity indudes an accrual reversal related to the 12/3112011 market value adjustment on our investments. This reversal causes a negative variance all year until we book the 12/31/2012 market value adjustment. EXPENDITURES: Supplies, Repairs, Maint. The majority of this expense category is for chemicals, which is tracking below budget YTD. Services & Charges This expense category consists mainly of Liability Insurance, Utilities and Contract Repair & Maintenance. Utilities and R &M are trending below budget currently due to the mill winter and the insurance premiums are paid in October. Debt Service The annual principal payments and semi - annual interest payments were made in January on the 2005 and 2006 sewer revenue bonds and the 2009 sewer refunding bonds . The second interest payments will be made in July. SemFannual interest payment was made in February for the 2007 PFA bonds with principal and the final interest payment due in August. Transfers Transfers are made at year -end. Depredation Depreciation is calculated and booked at year -end. Misc. Expenses The majority of this expense category is the annual MPCA permit fee; $14,350. ia(f) Department: Storm Water Fund: Storm Water Utili 2012 2012 2012 2012 2011 2011 Category Mordhof April Approved Budget %Used April A pprovetl % Usetl April YTD Budget Balance YTD Budget REVENUES: 4070 Permits 35 135 - .135 100.0% 0.0% 4100 Intergov ernmental - - 0.0% 0.0% 4250 Char es for Services 473 473 1,000 527 4763% 42,000 100.0% 4450 Sales 52,561 206,120 613,250 407,130 33.6% 192,781 566,250 34.0% 4620 Investment Earnings - (3.712fl 1,000 4,712 - 371.2% 829 1,000 82.9% 4700 Reimbursements 914 914 914 10060% 500 1,650 30.3% TOTAL REVENUES 53,982 203,930 616,260 (411 33.1% 236 568,90 41.6% EXPENDITURES: 6105 Salaries 8 Fringe Benefits 6,860 30,732 205,610 174,878 1409% 38,006 203,770 18.7% 6200 Su lies, Repairs, Maim. 192 957 33,100 32,143 2.9% 23,171 33,100 7060% 6300 Consufting 2,006 1 8,459 20.000 11,541 42.3% 20,000 0.0% 6306 ee Charges 2,271 18,062 122,250 104,188 14.8% 49,061 104,950 46.7% 6600 D i. Debl Service 125,425 165,340 39,915 75.9% 119,405 165,400 72.2% 6700 Transfers - - - 0.0% 0.0% 6898 De mciatmn 90,000 90,000 0.0% 80,000 0.0% 6900 Misc. Expenses - 57 2,200 2,143 2.6% 189 2,200 8.6% 7000 Capital Outlay - - 157,000 157,000 0.0% 33,785 120,000 28.2% TOTAL EXPENDITURES 11,329 183,692 795,600 611,808 2301% 263,618 729,420 36.1% TOTAL REVENUE OVER UNDER EXPENDITURES 42664 20,238 (180 200488 -11.rn 27509 160620 17.1% COMMENTS: REVENUES Sales Stormwater fees reflect an increase due to the budgeted 8.3% increase in the fee schedule. YTD fees are tracking with the budget. Investment Earnings The 2012 activity includes an accrual reversal related to the 12/31/2011 market value adjustment on our investments. This reversal causes a negative variance all year until we book the 12131/2012 market value adjustment. EXPENDITURES: Salaries 8 Fringe Benefits Payroll is tracking under budget until seasonal employees begin working in May. Consulting The majority of the YTD 2012 expense is related to the south central drainage study performed by SEH Debt Service The annual principal payment and semi - annual interest payment was made in January on the 2008 stormwater revenue bonds. The second interest payment will be made in July. Annual interest on the Challenger street sweeper capital lease was made in March. Depreciation Depreciation is calculated and booked at year -end. Department: HATS Fund: HATS Charges for Services 2012 2012 2012 2012 The 2012 activity includes an accrual reversal related to the 12/3112011 market value adjustment on our investments. This 2011 2011 Category Month of April Approved Budget % Used April Approved % Used April YTD Budget Balance VTD Budget REVENUES: 4100 Inte ovemmental 5,471 21,884 131,150 109.266 167% - 131,350 0.0% 4250 Charges for Services 29,438 139,458 480,000 340,542 29.1% 208,237 380,000 54.6% 4620 Investment Earnings - 399 1,000 1,399 -39.9% 128 1,000 12.8% 4700 Reimbursements 246 3B4 2,000 1,616 19.2% 2,000 24.6% - 89,650 89,650 O.D% 7,050 0.0% 4600 Transfers - TOTAL REVENUES 36155 161327 703800 642473 22.9% 1400 34.7% a218,545 EXPENDITURES: 6105 Salaries 8 Fringe i Benefits 5,515 21,212 55,375 34,163 38.3% 1,290 44.2% 6200 Supplies. Repairs, Maint. 31,363 149,115 492,900 343,785 30.3% 93,900 55.5% - 1,455 1,455 0.0% - 1,625 0.0% 6300 Consulting - 11,131 38,901 154,000 115,099 25.3% 52771 152,500 341% 6306 Services BChar es 70 70 0.0% - 85 0.0% 6900 Misc. Ex enses - - - 0.0% - 2,000 0.0% 7000 capital Outla TOTAL EXPENDITURES 48 209 703 494,571 29.7% 293 601 48.8% TOTAL REVENUE OVER J UNDERI EXPENDITURES 12 854 47 902 47 902 84 651 COMMENTS: REVENUES: Intergovernmental This income category consists of the funding from the three governmental entities; Stale, County and City. The State is paying monthly where the County and City pay semi - annually around June and October. Charges for Services This income category consists of the fuel sales to various governmental entities. The decrease from 2011 is attributed! mainly to Trailblazer Transit no longer using our fuel system. Investment Earnings The 2012 activity includes an accrual reversal related to the 12/3112011 market value adjustment on our investments. This reversal causes a negative variance all year until we book the 12/31/2012 market value adjustment. EXPENDITURES: Supplies, Repairs, Mainl. This expense category consists of the fuel sales to various governmental entities. The decrease from 2011 is attributed mainly to Trailblazer Transit no longer using our fuel system. Services 8 Charges This expense category consists mainly of Liabil8y Insurance, Utilities and Contract Repair 8 Maintenance. Utilities and R&M are trending below budget currently due to the mild winter and the insurance premiums are paid in October. CITY OF HUTCHNSOM Irrvesftf Report For We Wnth En ck d Apfil 3q, 2012 ll Wes Fargo Morkey Make r t Interest cu"rit DWe cl Date of Par CurrEnt Purchase U ri re a I;zed Premium N III ext In stitut i 0 n D e s- c riptioFl, Rato Yield Purchase maway value Value Amo unt G a-1 n If Lcms) (Disc.wnt Call Date ,i Ba-nelj Jvlof�av foarke! L 0.040% 51 F,2-25.70 515,000-00 1 122- 5 - 7 0% 2105 J . c,., i 1 7 21 0 r 76 .676-75 2.000% A SmM Barn-ey Co's 2.750% 2 '.744% C:5,;2012009 1015/29/2012 56 ®� . 9 1 56-1 000 • C-3 119 NIA S r1% I t"I Bamey CD's 3-050% 3.042% CrL, D. .7 C. 0 n 9 05 / 2 01 - 2 w 6r .0 1235-20 98,00000 235.21,' N/A 524 P816-25 525,000,00- 3.150% S.142% C512 012 C C-P G: 05/29/2012 X000. 00 98,24402 98. 000. w 244-02 NIA m yth B arne� C D's 3.100% 3-09.2% m, 2 0 t2 L_,i L, Ll 1-250% rr 4 0 I:Yr OV0120 jif 2 98,239.12 987000.00 239.12 0 NIA rre� C [),�- q 2-450% 2437% 07 1 -21 26 ;2 i(M 07123/2D12 125, 000.00 125,1&27-50 12510%00 627.60 m NIA .S-nft R-,irrcb� C D �s, 2.45" Z 437 U71=009 0 7tZU2 D 1 2 2451000-00 2461M.90 2450000.00 1,229-90 hVA 0 . S,-,ri,&Lh B a, r - e -i Coo D, 5 2.45011A 2-43711-, 07MI2009 07r2W2012 130,000-00 130,562.60 1301000.00 - 66260 WA L h hamc.,i 1 50:11 0,300% 0. 30011 0� CV131,2012 0713 rz-0 1 2 2. 4 -9. DW. 00 248967.63 249JOW-00 (32-37) WA r Srr Ba.!Ie� GD,5 0.250% 0,250 �j M1 3t.2012 07t3l 12) 1 2 249 ;0 2 48; B68z 03 2491000-00 ('1 31 . 97) NVA SrnW bar C 0,.C� 3-300% 3.210% GE1 1 Di2o)9 06110�2313 100 00 -.UULj . . 10277-800 i0o 1000-0,D 2,70118.00 NIA 1kMj t.9 Roj.Mjp1 r C U-C 3-300 3,210% m 1 0 im'2 D39 W1 U201 3 1 100. p2i kJ L.1 00 8. GO 0100. 00 NIA Sm- it h Barne- C U-E 3400% - 3 30411A, M 0,�2 1 .: 91� I.-D Lj M 1012013 100,000.00 1 Arlit w2 �389 00 10 0, 000. 00 2;m 889. 0 0 NfA Sm it[- B a rr- e l 1 Total Value Total 0-96" 0-%0% 02.103/2012 02JO912015 248,00000 24-5."91.3�2 248 705,.68 NIA �`rr-iith r p. -I r, D 1.0501% 1. mqh 0 2! 0 3�2- r,) 1 02M/2015 248,000. 00 245 7 971.36 .2 481. cm, 00 �21 0028-64) 141A Smith C.", D's 0.950% 0. 9W*A 0 3.11 1 ()/1 L,V2015 2481000.0 245.291.84 2461000-00 (21708 16) NIA Smft Siam mi F�' 1 1 2500A •-1.248% 0 �,/2 7 /2 011 019-28�2,01 8 500PICOOO 500r6w.00 51r.10- 1 0 0Q 0D 630. QQ QWV2012 Smith Barne FHLe 2 OW% 1.99894 1 X2 51-201 .1.91 182 .1 91 :55()rCK)O- 00 5501335-50 �5:50,000.00 335.50 0511812012 TOTAL Broker TD tdi 100,0% $13 3071,927,81 1040% � .I 41,,3% ,1 676, wI 5.495 0 5-5,001828-05 5,495.,676.75 5.161.30 Edw8rd Jones I C .4.875% 4-1 D% 0 1-11 X0 III 1 0 111 71'201 7 4311000-00 510.717.76 4 a. 0 2,21.8 3 "1 7.694.93 6.2. 0 r 2, LOM Ll NIA Brcikc r Tota I 3,811A 431,000-00 510,71- 7.76 493PO,22.83 7,6 14.9 3, 62 1 0/- E.1 r--.r Z - ll Wes Fargo Morkey Make r t L. 010% " A 39-3.927.3D 393-927.30 393,927.30 WA we-.].J4, �-,argQ FNMA - Step -.500% I .,49M 1 D1051201 1 1 CV051201 8 i'-P�'Vt'.ST,eplEN,-T WAS C-ALLZ-DtWO12; $1f500j0W Wells Fargo FHLB - Step 2.000%o 1, 99cp 081240011 3- 8t24U20 5 r 5.000, 00 51 F,2-25.70 515,000-00 1 122- 5 - 7 0% UB.?24M12 Weils Fargo FHLB - Step 2.000% 1.990-11A 09i:3-I'01 1 -)9rM20- 21 900..0D0.00 901 F 125. 00 W0,000-00 I 1 1.2-15-00 lr%A6� 3 GiZO 1 2 Wells FRFgO FHLB - Sip 1. 60011k. 1.500% 0172V2012 32VV2022 I , 250, GW. CO 1,1249p,?87.50 1 F 2w I COO-00 17 5 -n Wells Fargo FHL8 - Step 1. 2 5 C, %D 1.250,3/o 0&2112012 - 525.000.00 524 P816-25 525,000,00- (163-75) F 1 Weik'sL F - FL Stop 2-126% 2.120,�/t, W12312012 i=31202,2 I ,000F 00 1",000,720.00 1 PD0010MI-00 720.,00 � �;- ON Wetis Facgo FHLB - Step 1-250% rr 4 0 I:Yr OV0120 jif 2 04J271202,2 I 1 1 30r000. 00 1.1301700-60 11 3010K-00 700.60 07 �2 Broker Total 42.9% 5 7 "1 3927. rmO 0, 5,.717,302.35 517133927-30 3.375.05 UBS Financial on Ma"t 0 1 6-C rA, 45r G79--,80 45,07980 45..071@.80 N.I UBS Financial Taxable Muh 5- 3 0 29 14 :5 r.%,' 7 L:/1 I I lrz""-412 110 131101 i2-.'j 5w,000.00 523.070-00 541:.02(1.00 (1 iIo. 00) -11. 020. 00 N/A UBS, Financial FNMA - NT 1 50:11 1 A 9 r� 09121120.m-,� 0912 1 *3 -,6 5w,000.(0 502 06s-()() 504.000.00 4 600 �C% 00 12 -111 � 1.2 0 1 1", Z US S Financial Tax aUe Mum 2" 401115% 2 320%. 0417/2012 ID 1 11-1L.-IN 12017 -5 40FO. 0 0 0_ co 518.330.00 0 524.500.00 -�61170.00 24 500 N IA Broker Totim 1 9 13. 1. 5.?. 5.07 9 P;'L:) 1 1 161 4r5%-. 80 ( 26 1 04%P55-00 ) 6915�?o TOTAL INVESTMENTS 100.0% 3 IV85,683-0 771-4 13 31�7p392-96 S 13d�Vo1226.68 $ 186.28 S 131u-542083 PORTFOLIO BY PIR00t)CT TYPII IL iv,-ATU RI CHEERKE 4430101 "A of -.3)3112012 Of Monlhly M atu riity IL urrent Vatue r; Prodwt T yE2 Total Value Totaj: Total Value Total Cha E , " 1R.4 f I;b Ell an 1 $3 year %_ _13 F 86 7 28.90 Markey Market, .r1k, $ /-, 4 -92.6 8 3.,,61-rja -k i8.7% $2.60,486 901' 19.8% ($147r8DIL3 12-, Lr In 1 - 2 V"-M F q,. .111.1 .5 15 'C', 0 6.2% CD's 2,3%.185.80 - 011/0 2,393,958 46 1 -8--. 0% 2.227.34 2 - 3 Y:&:.-r- a r s r-11 3 r.]. 15 5 7. 52 5.: 5 "A% Govemirrent Bor.ds 7,387.123.3-1 5-0 5 % 6 2491947 a8 47.011/o 1 11 1371 175-93 '%'?fl - 4 y&ar�; 0 13. 0 "A Corp oraM Bbn& aw G. 0% 1 500 045 36 11.3% (1,54M.045.00) 5 years '31 Nun 1694. Bonds m 1 041 4W.00 e. 8% 523.490-00 3.9 17, 517,91000 56+ Y Q,.-r5 - - rr- -74,340. 5 .5 N L� A. 4''/ 1 TOTAL $1 ��aA7130216 100,0% $13 3071,927,81 1040% � .I TiDTAL 303173 14236 100.0% Mun c1pal Owds Corporate U rids C- ov ern w-Yv-,- nt 8-ori d s $1 ,j87 �3 6 S4rDXr000.G0 2.r OW i. COO, 00 - 5 8310515 Tof f 37---- $0-OD Le5:5 th a n 1 1 - yea r.% 2 - 3 Mrs 3 - 4 yea rs 4 - 5 Vmrs ye,4 r s ,year Money Market I Mir