A. A. A. A. Continued On Back - City of Paynesville, MN

REGULAR CITY COUNCIL MEETINGPAYNESVILLE CITY HALL

MAY 9, 20126:00 P.M.

AGENDA

I. CALL TO ORDERII. PLEDGE OF ALLEGIANCEIII. PRAYER BY DEACON JIM & COUNCIL ACTIVITY REPORTSIV. DEPARTMENT HEAD REPORT-Bill LudwigV. CONSENT AGENDA

A. Minutes (page 1) - Planning Commission, Airport Commission, City Council (3), JointPlanning Board, and Liquor Board (2).

B. Vouchers (page 2)C. MWOA 36th Annual Conference (page 3)

VI. NEW BUSINESSA. PAHCS Annual Report (page 5)B. Annexation - Bruce Stang Property On Minnie Street (page 6)C. BUilding Inspection Services Agreement (page 28)D. Town & Country Days - Temporary Street Closings, Parade Permits, Street

Dance, Temporary Liquor License and City Participation (page 38)E. Personnel - Lifeguard Hiring (page 54)F. Personnel - Liquor Store Clerk Part-Time Hiring (page 55)G. Goals &Objectives Meeting (page 56)H. Gazebo Park Sprinkler System (page 58)I. Community Park - BMX Track & Playground Equipment (page 59)J. Community Education - Gazebo Park Movie Nights (page 62)K. Site Permit - Larry Kern (page 65)

VII. OLD BUSINESSA. G.O. Improvement Crossover Refunding Bonds, Series 2012A (page 68)B. Police Chief Position (page 87)C. Opportunity Park (page 100)D. Variance - Mike Wensmann &Ruth Hopfer Wensmann (page 107)E. City Administrator Evaluation Goals (page 122)F. Emergency Management Director Position (page 123)G. Airport (page 124)H. Hwy. 23 (page 159)I. MPCA - Former Midtown Service Station (page 160)

VIII. INFORMATIONALA. March Police Reports (page 168)B. Overtime Reports (page 172)C. Rinke Noonan Legal Bills Report (page 174)D. Drivers Manuals Sales and Expense Report (page 175)E. MPCA - Certificate of Commendation (page 176)F. As in the past, the City will be accepting nominations for the Ruth Aulick Award

through Friday, May 25, 2012. The winner will be honored at Insight For HungerPicnic and Car Show (page 176A)

G. Liquor Store Reports (page 177)

Continued On Back

IX. ADJOURN

Reminder: 6:30 p.m. Mike Wensmann & Ruth Hopfer Wensmann Variance Public Hearing

The agenda has been prepared to provide information regarding an upcoming meeting of thePaynesville City Council. This document does not claim to be complete and is subject to change.

BARRIER FREE: All Paynesville City Council meetings are accessible to the handicapped. Attemptswill be made to accommodate any other individual need for special services. Please contact City Hallat (320) 243-3714 early so that the necessary arrangements can be made.

REQUEST FOR COMMITTEE/COUNCIL ACTION

COMMITTEE/COUNCIL NAME: City CouncilCommittee/Council Meeting Date: May 9, 2012Agenda Section: Consent AgendaOriginating Department: AdministrationItem Number: V - AITEM DESCRIPTION: MinutesPrepared by: StaffCOMMENTS:Please review the minutes from the following meetings:MeetingApril 2, 2012 Planning CommissionMarch 28, 2012 Airport CommissionApril 11, 2012 Regular City CouncilApril 17, 2012 Special City Council- Working SessionJanuary 25, 2012 Regular City CouncilFebruary 13, 2012 Joint Planning BoardMarch 26, 2012 Liquor BoardApril 3, 2012 Liquor Board

ADMINISTRATOR COMMENTS:

COMMITTEE/COUNCIL ACTION:Motion to approve the minutes from the following meetings:April 2, 2012 Planning CommissionMarch 28, 2012 Airport CommissionApril 11, 2012 Regular City CouncilApril 17, 2012 Special City Council- Working SessionJanuary 25, 2012 Regular City CouncilFebruary 13, 2012 Joint Planning BoardMarch 26, 2012 Liquor BoardApril 3, 2012 Liquor Board

Emailed4-20-124-10-124-23-124-23-124-25-122-29-124-25-124-25-12

4-20-124-10-124-23-124-23-124-25-122-29-124-25-124-25-12

\


$ 375.00$ 15,629.22$ 2,575.19$ 4,171.95$ 1,515.83$ 1,342.08$ 6,199.69$ 15,593.57$ 47,402.53

#84110#84111#84116-84117#84118-84123#84124#84125-84128+ACH#84129-841595/4/12

Total

COMMITTEE/COUNCIL NAME: City CouncilCommittee/Council Meeting Date: May 9,2012Item Number: V-BITEM DESCRIPTION: VouchersPrepared by: ChrisCOMMENTS:Vouchers:4/23/124/24/125/3/12

Void #83957

Payroll:5/3/12

ACH:

#84112-84115Direct DepositDirect Deposit

1st Qtr. Water Sales Tax3/12 Liquor Sales Tax

$ 3,402.40$ 9,407.77$ 4,216.30

$ 2,646.00$ 6,924.00

ADMINISTRATOR COMIVIENTS:

$ 375.00$ 15,629.22$ 2,575.19$ 4,171.95$ 1,515.83$ 1,342.08$ 6,199.69$ 15,593.57$ 47,402.53

#84110#84111#84116-84117#84118-84123#84124#84125-84128+ACH#84129-841595/4/12

Total

COMMITTEE/COUNCIL ACTION:Vouchers:4/23/124/24/125/3/12

Void #83957

Payroll:5/3/12

ACH:

#84112-8411 5Direct DepositDirect Deposit

1st Qtr. Water Sales Tax3/12 Liquor Sales Tax

$ 3,402.40$ 9,407.77$ 4,216.30

$ 2,646.00$ 6,924.00


COMMITTEE/COUNCIL NAME: City Council

Committee/Council Meeting Date: May 9,2012

Agenda Section: Consent

Originating Department Administration

Item Number: V - C

ITEM DESCRIPTION: MWOA 36th Annual Conference

Prepared by: Staff

COMMENTS:

Ron Mergen is interested in attending the 36th Annual MWOA Conference July 24-27 inGrand Rapids, MN. The registration fee is $225.00 plus staff time, hotel accommodationsat $104.00 per night plus tax, and mileage.


COMMITTEE/COUNCIL ACTION:

Motion to approve the attendance of Ron Mergen to the 36th Annual MWOA ConferenceJuly 24-27 in Grand Rapids, MN.

Jul~ 2+- 27,2012

TimberLake Lodge Hotel144 SE 17 th St 55744 (Minimum stay required)

Grand Rapids, MN (218)326-2600Rates(plus tax): $104 King/Queen$114 King Suite

Overflow Next Door:Super 8 218.327.11081702 5 Pokegama AveRate(plus tax): $90 per night

ConferenceAmericlnn 800.396.5007 218-326-89991812 5 Pokegama AveRate(plus tax): $80 per night

2012 CONFERENCE REGISTRATION FORMMinnesota Wastewater Operators Association,.., 36th Annual Conference"" July 24-27, 2012 ... Grand Rapids, MN

DO NOTMISS THIS

CONFERENCEI

@New This Year

Lab Pre-Conference

Workshop (July 24th)

,@., Sessions:

Biosolids - 9 Hours

Collection Systems

Exam Study HallWW Treatment

O&M,@.. Vendor ExhibitsGreat products from Great Vendors!

Name _Ron Mergen, _

Employer __City of Paynesville _

Address __221 Washburne Av _

City Paynesville, ~__

State_MN_ Zip _56362__ Phone (_320_ ) 250 6349 _

Guest Registration First Name Last Name _

Guest registration is for one person. Additional adults/children must pay reg. fee to cover expenses.Pre-Conference Lab Workshop (Includes Lunch) $40 At the Door $50 $----Full Registration (MWOA Members) $225 After July 1 $250 $ 225.00~_

Full Registration (Nonmembers) $250 After July 1 $275 $ _Guest Registration (includes Lunches, Banquet, Brunch) $125 After July 1 $150 $ _

(Also includes hospitality room with refreshments. A list of area attractions, events will be available. No formal program.)

i-day reg. (includes lunch-circle one) Wed Thurs $150 After July 1 $175 $ _

.:@.. Meet & GreetGreat Networking Opportunity ! I plan on attending: (please check if attending) Exam Study Help __ Biosolids Session __

Send Registration to: MWOA 36th Annual, 300 Douglas Drive, BUffalo, MN 55313

TOTAL AMOUNT DUE = $ _

Tuesday Events and RegistrationForm can be found on

www.MWOA.net

X $50 = $ _X $25 = $ _

Make checks payable to MWOASorry, we cannot accept credit \ \

cords or purchase orders. v\

Number attending =Number attending =

Extra Banquet TicketExtra Brunch Ticket

@. Guest RegistrationFun for Spouse or Guest!

@.. Earn 16 WW Hours

@.. Social ActivitiesGolf, 4-Wheeling, Trop Shooting onTuesday, July 24th

• See www.MWOA.netfor details

~ Breakfast SpeakerGreat start to the last day!

,@.1 Exams OfferedWastewater exams Friday @ 12:00-4:00MUST be preregistered w/MPCA

@ Awards BanquetOur Industry's finest!

PAHCS Annual Report



Committee/Council Meeting Date: May 9, 2012

Agenda Section: New Business

Originating Department: Administration

Item Number: VI - A

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Representatives from the PAHCS will be in attendance to give an annual report.





Committee/Councill\l1eeting Date: May 9,2012



Item Number: VI- B

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Annexation - Bruce Stang Property On Minnie Street

Bruce Stang will be in attendance to request annexation and water and sewer utilities for hisproperty on Minnie St. described as the SE % of Section 9, T124N, R32W, Paynesville Township,Parcel No. 26.15482.0000. Stang has requested utilities from Paynesville Township; however,they are not able to provide the needed water supply to feed a sprinkling system for his buildingexpansion project and would like to be annexed into the City so that those services can beprovided. The Joint Planning Board has reviewed this and recommends approval. Please reviewthe attached Joint Resolution 2012-19 For Orderly Annexation. This property is not in the orderlyannexation area, but the Joint Planning Board recommends following the same taxreimbursement of 100% until utilities are installed and then 50% for 8 years. The 2012 propertytax statement equals $2,406.00.

Excerpt from the Joint Planning Board meeting minutes:Pietsch reported that Stang requested utilities from Paynesville Township. The Townshipagreed that they can't provide utilities. The Township approved requesting utilities from theCity; pending determination of how taxes would be reimbursed to the Township.

Motion was made by Bertram to follow the reimbursement schedule in the OrderlyAnnexation Resolution for the Bruce Stang Parcel Number 26.15482.0000 andrecommend such to the City Council. Seconded by Thompson and unanimouslycarried.

The existing Addendum To Joint Resolution 2010-31 For Orderly Annexation and map are alsoattached for your information.



Motion to approve Joint Resolution 2012-19 For Orderly Annexation.

May 2,2012

City of PaynesvilleRanee Eckerly, Administrator221 Washburne Ave.Paynesville, MN 56362

Dear Renee,

At the regular township meeting held on April 23, 2012, Bruce Stang requestedwater and sewer to be provided by the township. He mainly needed the water for asprinkling system in a new building he was going to construct.

A motion was made and approved to allow Mr. Stang to apply for annexation ofhis property into the City of Paynesville with township approval. PaynesvilleTownship can't provide his need for water and sewer.

The Property ID Number is 26.15482.000 and is 11.00 acres located in the SE4 ofSection 9 of Paynesville Township.

Sincerely,

./~~~("/fl-//~-~/Donald D. Wiese, ClerkPaynesville Township

i." .\

IN THE MATTER OF THE JOINT RESOLUTION OF THE TOWN OF PAYNESVILLE AND THECITY OF PAYNESVILLE DESIGNATING AN UNINCORPORATED AREA WITHINPAYNESVILLE TOWNSHIP AS IN NEED OF IMMEDIATE ORDERLY ANNEXATION ANDCONFERRING JURISDICTION OVER SAID AREA TO THE OFFICE OF ADMINISTRATIVEHEARINGS, MUNICIPAL BOUNDARY ADJUSTMENTS BOARD PURSUANT TO M.S.A.414.0325.

JOINT RESOLUTION 2012---fi FOR ORDERLY ANNEXATION

The Township of Paynesville and the City of Paynesville hereby jointly agree to the following:

1. The following described property in Paynesville Township is subject to orderly annexation

pursuant to Minnesota Statute §414.0325, and the parties hereto designate the area for immediate orderly

annexation, which area is described as follows, to-wit:

That part of the Southeast Quarter (SE 'l.4) of Section 9, Township 122, Range 32 that liesSoutherly of the North Branch of the Crow River and lies West of a line drawn Northerly at anangle of89 °33 '00" with the South line ofsaid SE 'l.4 as measuredfrom West to North, from apointthereon distant 1341.75 feet West ofthe Southeast corner ofsaid Section 9 and East ofthe West 58rods ofthe SE 'l.4 ofSection 9, Township 122, Range 32, Stearns County, Minnesota.

Said parcel containing 11.00 acres, more or less.

2. The Township of Paynesville does, upon the passage of this Resolution and its adoption by the

City Council of the City of Paynesville, Minnesota, and upon acceptance by the Office of Administrative

Hearings, Municipal Boundary Adjustments Board, confer jurisdiction on the Office of Administrative

Hearings, Municipal Boundary Adjustments Board, over the various provisions contained in this

agreement.

3. That the property described in Paragraph 1 abuts upon and, in fact, is surrounded by property

within the City limits of the City of Paynesville, and is presently urban or suburban in nature or is about to

become so. Further, the City of Paynesville is capable of providing services to this area within a

reasonable time after annexation and annexation would be in the best interest of the area proposed to be

annexed. Specifically, annexation is appropriate because the property owners have requested access to a

water supply required for a sprinkler system in a commercial building, and while such services cannot be

provided by the Township, the City is capable of providing such service and, in fact, City sewer and City

water is available from Minnie Street abutting this property. Therefore, this property should be annexed

to the City of Paynesville. The current population residing within the property described above is zero

(0).

4. The effect of annexation on population shall be that the population of the area annexed

pursuant to this Resolution shall be treated for all purposes as part of the population of the City of

Paynesville immediately upon approval of annexation by the Office of Administrative Hearings,

Municipal Boundary Adjustments Board.

5. The taxes due and or/delinquent on the date of annexation with regard to the above property

remain the property of Paynesville Township. All taxes and assessments accrued after the date of

annexation are the property of the City of Paynesville, subject only to the provisions of Paragraph 7

below. The City of Paynesville, upon annexation, becomes the owner or beneficiary of all roads,

easements and rights of way, or other interests in property within the annexed area previously held by

Paynesville Township and shall bear the responsibility associated with those rights.

6. Any persons with an ownership interest in the land described in Paragraph 1 above shall have

the following rights with regard to the payment of assessments and hook-up charges on projects

previously completed by the City which have been assessed against said annexed property:

a) Hook-up charges shall be payable upon hook-up to municipal services.

b) Hook-up charges will be based on costs to the City determined by the City Council from time

to time.

c) Any assessment for existing improvements benefiting annexed properties shall be payable over

the same number of years and at the same interest rate as the original project provided for.

7. As to those lands which are annexed to the City pursuant to this agreement, of the base tax

payable to the Township at the time of annexation, the following shall occur:

The Township shall receive 100% of the base tax until the annexed property has been serviced by

municipal services, including City sewer and water, for up to a maximum of eight (8) years. If City

~

services are installed on the annexed property after annexation, but prior to the expiration of the eight (8)

year time period, then after the installation of City services, the Township shall receive 50% of base tax in

each year after the City services have been installed, through and including the eighth year after

annexation. Thereafter, all taxes collected, if any, shall belong to the City of Paynesville.

It is anticipated by all parties that services here will be provided and available immediately upon

annexation as services exist in Minnie Street adjacent to the above premises and are, therefore, available

upon annexation.

8. The parties hereto acknowledge that this Joint Resolution for Orderly Annexation has been

triggered by the request of 100% of the owners of the parcel of property described above, and the

Paynesville Township Board and the City Council of the City of Paynesville agree that annexation is

desirable and that the City can provide the services needed by the property owner.

9. No consideration by the Office of Administrative Hearings, Municipal Boundary Adjustments

Board is necessary. The Board may review and comment, but shall, within thirty (30) days, order the

annexation in accordance with the terms of this Resolution. No alteration of the stated boundaries is

appropriate.

10. Any alterations, variations, modifications or waivers of the provisions of this Joint Resolution

for Orderly Annexation shall only be valid if they have been reduced to writing and signed by authorized

representatives of the parties.

11. The provisions of this Joint Resolution for Orderly Annexation shall be deemed to be

severable. If any part of this contract is rendered void, invalid, or unenforceable, such rendering shall not

affect the validity and enforceability of the remainder of the contract unless the part or parts which are

void, invalid or otherwise unenforceable shall substantially impair the value of the entire contract with

respect to either party.

The parties further agree to substitute for any invalid provision a valid provision that most closely

approximates the economic effect and intent of the invalid provision.

\D

12. This Joint Resolution for Orderly Annexation is the final expression of the agreement of the

parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior

negotiations, understandings and agreement. There are no representations, warranties or stipulations,

either oral or written, not herein contained.

13. It is specifically acknowledged and understood that the parties are represented by and have

available to them independent counsel. As a matter of convenience, one party to this agreement may have

taken on the bulk of the task of drafting this agreement. This agreement shall not be construed against the

drafting party merely because of its role in drafting this agreement.

CITY OF PAYNESVILLE

Passed and adopted by the City Council of the City of Paynesville this day of________, 2012.

Attest:

Renee Eckerly, City Administrator

PAYNESVILLE TOWNSHIP

Jeff Thompson, Mayor

Passed and adopted by the Town Board of the Town of Paynesville this day of________, 2012.

Attest:

Town Clerk Chairman

PROPERTY TAXSTATEMENT

•... '.....

You may be eligible for one or even two refunds toreduce your property tax.

Read the back of this statement to find out how toapply•

$$$REFUNDS?

YOUR PROPERTY TAX VALUES & CLASSIFICATIONS

Taxes Payable Year: 2011: 2012

Randy R. SchreifelsSTEARNS COUNTY AUDITOR-TREASURER

ADMINISTRATION CENTER RM. 136P.O. BOX 728

ST. CLOUD, MN 56302·0728320-656-3870

www.co.slearns.mn.us

STANG HOLDINGS LLC531 MINNIE STPAYNESVILLE MN 56362

Property 10 Number: 26.15482.0000Property Description:Section 09 Township 122 Range 03211.00A WllA OF E102 ROS OF THAT PART OF SE4 S OF CROW RIVER

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

STANG HOLDINGS LLC

•2nd Half Payment Stub - Payable 2012To avoid penalty, pay on or before October 15,2012

Total Property TaK for 20122nd HalfTax Amount

Penally

2nd HalITota! Amount Due

$2,406.00$1,203.00

PIN: 26.15482.0000 Paid ByBILL NUMBER: 1079924TAXPAYER(S}: STANG HOLDINGS LLC

531 MINNIE STPAYNESVILLE MN 56362

Property ClasslRcaUon

MAKE CHECKS PAYABLE TO:Randy R. SchreifelsSleams Counly Auditor- TreasurerPO BOX 728St Cloud, MN 56302-0728

CommJlnd

1I----}~fv:k=~~:~:::~f~~1~~:--------~~~v:~~--------~:i

Ifyour lax is $50.00 or less, pay the enlire/ax byMay 15.2012 Penally

1st Half Tolal Amount Due

PIN: 26.15482.0000 Paid By

BILL NUMBER: 1079924TAXPAYER(S}: STANG HOLDINGS LLC

531 MINNIE STPAYNESVILLE MN 56362

Property ClasslReatlon

MAKE CHECKS PAYABLE TO:Randy R. SchmifelsSteams County Auditor-TreasurerPOBOX 728St Cloud, MN 56302-0728

Comm/lnd

\~

ESVILL TOW IP ANN

~;O. Ts., Of 2007 200 2(1110 '11 12 2QH aOH· l! .~ 1,'"

No.rt 100;:~ 100% 100% 100~, 100"10 H)O~c 100% 100"k

S55~98 655.88 655.98 655.98 655.98 655.98 655.98 655.98 655.98233.22 233.22 233.22 233.22 233.22 233.22 233.??

,'5Wc', aiier ser,,-ces provided (8 years total max )6892e 889.20 ~2 88920 009' aE92Ci1

~xati!j.1l Recorded 7f?005 SO% 70"10 50% 30% lOOk

26. 6153.090 5.94 5.9-<126.16153.091 5.94 5.94-2{).16153.!J92 5.94 5.

1 15.'3.093 5.9<i 526.16153.094 5.94 5.26.16153.095 5.94 5.9"~

26.16153.096 5.94 5.94-26.16153.097 5.94 5.94-26.16153.098 25.81 25.8

13.13 . iLlS 9.62 tor Outloi B =fi.3.11 70.79 44.50 31.86 19.12 6.38

'iOO% l00ek 000; 1()()P; 100%

Y.,':': ,.~ - ~.=:- £-:....:, == . .-~ -._.,:- ~.e2 -. . =-.':-2

3 80.41 54.22 41.48 .28:74 16.00'

Total cI .68 7-'r

00% 70% 50% 30% 10%

Total tax on stoneb S'f !ol $3.32k e 0 grnexed a sliver 1.49 1.16 0.83 O.4S 0.16figure tax on half his tax amount which I'. e $1.6670.39244.0038 {slop.eburnsr kt 26.1623S.B022

•••••••Thess are the ~l1GtJllls I~ e owa In back pmts. Totals: $1 ,223.32

IN THE MATTER OF THE JOINT RESOLUTION OF THE TOWN OF PAYNESVILLE AND THECITY OF PAYNESVILLE TO AMEND THE JOINT RESOLUTION FOR ORDERLY ANNEXATIONENTITLED 2005-38 JOINT RESOLUTION FOR ORDERLY ANNEXATION AND ACCEPTED ANDFILED IN THE OFFICE OF ADMINISTRATIVE HEARINGS AS FILE OA-1220, WIDCH JOINTRESOLUTION FOR ORDERLY ANNEXATION WAS PREVIOUSLY AMENDED BY THE JOINTRESOLUTION OF THE TOWN OF PAYNESVILLE AND TIlE CITY OF PAYNESVILLEENTITLED 2007-45 ADDENDUM TO JOINT RESOLUTION FOR ORDERLY ANNEXATION.

2010- ~lADDENDUM TO JOINT RESOLUTION FOR ORDERLY ANNEXATION

The Township ofPaynesville and the City ofPaynesville hereby jointly agree to the following:

1. The .parties hereto previously entered into a Joint Resolution for Orderly Annexation

(Resolution 2005-38), which was executed by the City of Paynesville September 28, 2005, and by

Paynesville Township September 12, 2005, and filed in the Office of Administrative Hearings Municipal

Boundary Adjustments unit as OA-1220.

2. Subsequently, the parties hereto entered into an Addendum to the Joint Resolution for Orderly

Annexation (Resolution 2007-45).

3. The parties hereto wish to re-state the Joint Resolution for Orderly Annexatior.. in its entirety,

further modifying and amending the same.

NOW, THEREFORE, the Joint Resolution for Orderly Annexation between the parties hereto as

referenced above, is hereby modified and amended so that the same shall read in its entirety as follows:

2005-38JOINT RESOLUTION FOR ORDERLY ANNEXATION

1. This Agreement is intended to deal primarily with undeveloped areas of the Township which

are believed to be likely areas for future development of residential, commercial and industrial property.

Both parties recognize that there may be other areas which are currently developed in either residential or

commercial property within the Township and may later come to require City services due to water or

septic system demands. Any such areas will be dealt with separately and aside from this Joint Resolution

I'

\~

for Orderly Annexation. The parties also recognize that the possible re-routing of Highway 23 may affect

future development in ways that cannot presently be anticipated, but this Joint Resolution for Orderly

Annexation represents the efforts of the parties to deal with future development as they presently believe

it is most likely to occur.

2. The areas in Paynesville Township described on Exhibits A & B, which are attached hereto and

incorporated herein by reference, are subject to orderly annexation pursuant to Minnesota Statutes

§414.0325, and the parties designate these areas for orderly annexation.

3. The Township of Paynesville does, upon the passage of this Resolution and its adoption by the

City Council of the City of Paynesville, Minnesota, and upon acceptance by the Office of Administrative

Hearings, Municipal Boundary Adjustments, confer jurisdiction on the Office of Administrative Hearings,

Municipal Boundary Adjustments, over the various provisions contained in this agreement.

4. The effect of annexation on population shall be that the· population of the area annexed

pursuant to this Resolution shall be treated for all purposes as part of the population of the City of

Paynesville immediately upon approval of annexation by the Office of Administrative Hearings,

Municipal Boundary Adjustments.

5. Planning throughout the orderly annexation areas described above shall be pursuant to

Minnesota Statute §414.0325, Subd. 5, by the creation of a Joint Planning board. The Joint Planning

Board shall take responsibility for zoning and planning within the above-described areas from the date of

this agreement. Planning and land use control authority with the areas designated for orderly annexation

shall be the responsibility of a Joint Planning Board consisting of five (5) members, two (2) to be

appointed by the City Council of the City of Paynesville and two (2) to be appointed by the Paynesville

Township Board. The fifth member of the Planning Board shall be elected by a majority of the four (4)

members appointed by the City Council of the City of Paynesville and the Paynesville Township Board.

\LO

6. In all annexations within the orderly annexation area, the taxes due and/or delinquent on the

date of annexation remain the property of Paynesville Township. All taxes and assessments accrued after

the date of annexation are the property of the City of Paynesville, subject only to the provisions of

Paragraph 8 below. The City of Paynesville, upon annexation, becomes the owner or beneficiary of all

roads, easements and rights-of-way, or other interests in property within the annexed area previously held

by Paynesville Township and shall bear the responsibility associated with those rights.

7. Any person owning the lands annexed to the City pursuant to this agreement shall have the

following rights with regard to the payment of assessment and hook-up charges on projects previously

completed by the City which may be assessable against said annexed property:

a) Hook-up charges shall be payable upon hook-up to municipal services.

b) Hook-up charges will be based on costs to the City determined by the City Council from time

to time.

c) Any assessment for existing improvements benefiting annexed property shall be payable over

the same number of years and at the same interest rate as the original project provided for.

8. As to those lands which are agreed to be subject to orderly annexation to the City pursuant to

this agreement, of the base tax payable to the Township at the time of annexation, the following shall

occur:

The Township shall receive 100% of the base tax until the annexed property has been serviced by

municipal services, including City sewer and water, for up to a maximum. of eight (8) years. If City

services, including sewer and water, are installed on the annexed property after annexation, but prior to

the expiration of the eight (8) year time period, then after the installation of City services, the Township

shall receive 50% of the base tax in each year after the City services have been installed, through and

including the eighth year after annexation. Thereafter, all taxes collected, if any, shall belong to the City

of Paynesville.

9. The annexation of areas of land which are subject to this Resolution shall be triggered by a

request from the owner of one of the parcels described, or ifthere is more than one property owner within

a parcel described above, then 51% of the property owners within the area as of the date of the request.

Each person whose name appears as an owner of a fee interest in a parcel within one of the described

areas on the date of the request shall be entitled to one vote regardless· of the size of the parcel or the

percentage of that person's ownership. When a request is received:

i) The request for annexation must contain a request to be served with municipal sanitary sewer

and municipal water facilities from the City and first addressed to the Paynesville Township Board, which

shall consider whether the request is from a sufficient number of property owners.

ii) If the request is from a sufficient number of property owners and the request has been triggered

by a need for City services such as sanitary sewer or water, Paynesville Township shall approve the

request for annexation, subject to approval by the City of Paynesville.

iii) The request will then be directed to the City of Paynesville where, if the City Council agrees

that annexation is desirable, and that the City can provide services within a reasonable time upon request

by the property owner, then the request for annexation will be approved by the City and submitted to the

Office ofAdministrative Hearings, Municipal Boundary Adjustments, without further consideration.

10. No consideration by the chief administrative law judge is necessary. The chief administrative

law judge may review and comment, but shall, within thirty (30) days, order the annexation in accordance

with the terms of this Resolution.

11. The City shall not initiate any annexation action nor promote a property owner petition

seeking annexation of any property not located within the orderly annexation area as described in

Paragraph 2 of this Agreement without the written consent ofthe Town Board.

12. This Resolution shall take effect on the date that the Joint Resolution for Orderly Annexation

is approved by the Office of Administrative Hearings. Each annexation of property included in this Joint

Resolution for Orderly Annexation must be submitted to and approved by the Office of Administrative

Hearings, Municipal Boundary Adjustments, following the procedures set forth in Paragraph 9 above.

The Joint Planning Board created pursuant to Paragraph 5 above shall review this Joint Resolution for

Orderly Annexation at least annually and based on that review may make recommendations to the City

and Township for amendments to this Agreement.

13. Any alterations, variations, modifications or waivers of the provisions of this Joint Resolution

for Orderly Annexation shall only be valid if they have been reduced to writing and signed by authorized

representatives of the parties.

14. The provisions of this Joint Resolution for Orderly Annexation shall be deemed to be

severable. If any part of this contract is rendered void, invalid, or unenforceable, such rendering shall not

affect the validity and enforceability of the remainder of the contract unless the part or parts which are

void, invalid or otherwise unenforceable shall substantially impair the value of the entire contract with

respect to either party.

The parties further agree to substitute for any invalid provision a valid provision that most closely

approximates the economic effect and intent of the invalid provision.

15. This Joint Resolution for Orderly Annexation is the fmal expression of the agreement of the

parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior

negotiations, understandings or agreements. There are no representations, warranties or stipulations,

either oral or written, not herein contained.

16. It is specifically acknowledged and understood that the partiesare represented by, and have

available to them, independent counsel. As a matter of convenience, one party to this agreement may

have taken on the bulk of the task of drafting this agreement. This agreement shall not be construed

against the drafting party merely because of its role in drafting this agreement.

CITY OF PAYNESVILLE

..., 4-- .Passed and adopted by the City Council of the City ofPaynesville this h 1 day of_--1De.-.\v'OtF ,2010.

Attest:

'}?, -eAM' E~Renee Eckerly, City A strator

i~~Je ompson, M or


Attest:

Town Clerk

P~ed and adopted by the Town Board of the Town ofPaynesville this ;;?5 day of(O,£,·f-'tf2/<a/G ,2010.

Q~~Chairman I.

EXHIBIT ALands Included in Orderly Annexation Per Original File OA-1220

All such property lying in Township 122 North, Range 32 West, Stearns County, Minnesota, described asfollows:

The Southwest Quarter of Section 3, except the following described property: The West 1,100.00feet of the Southwest Quarter of Section Three, Township One Hundred Twenty-two North,Range Thirty-two West, Stearns County, Minnesota, lying Northwesterly of a line 37.5 feetNortherly and parallel to the centerline of the Northern States Power electrical transmissioneasement, said centerline is described as follows: Beginning at a point on the East-West Quarterline 89.00 feet West of the center of Section 3; thence Southwesterly to a point on the West line ofSection 3, which said point is 488.05 feet North of the Southwest comer of Section 3.

AND

The West Halfof Section 10.

AND

The West Half of Section 15.

AND

All'that portion of the South half of Section 16 not currently located in the City of Paynesville.

AND

The North Half of the Northwest Quarter of Section 21 lying West of Stearns County HighwayNo. 181, except the following described property: That part of the Northwest Quarter of theNorthwest Quarter of Section Twenty-one, Township One Hundred Twenty-two North, RangeThirty-two West, Stearns County, Minnesota, described as follows: Beginning at the Southwestcomer of said Northwest Quarter of the Northwest Quarter of Section Twenty-one; thenceNortherly along the West line of said quarter-quarter section a distance of 740 feet; thenceSoutheasterly in a straight line to a point in the South line of said quarter-quarter section, whichpoint lies 475 feet East of the point of beginning; thence Westerly along said South line of saidquarter-quarter section a distance of 475 feet to the point ofbeginning, and there terminating.

AND

The Southeast Quarter of Section 18.

AND

All of Section 17 not currently located in the City of Paynesville, except the following describedproperty:

All that part in the West One-half of the Northwest Quarter (W 12 NW Y4) of Section Seventeen(17), in Township One Hundred Twenty-two (122) North, of Range Thirty-two (32) West, inStearns County, Minnesota, described as follows, to-wit: Beginning at the Northwest comer ofsaid NW 114; thence on an assumed bearing of South 0°39'53" West line of said NW Y4, a distanceof 448.35 feet; thence on a bearing of South 73°48'51" East, parallel with the Southerly right ofway line of Minnesota Trunk Highway No. 55, a distance of 650.00 feet; thence on a bearing ofNorth 0°39'53" East parallel with the West line of said NW ~, a distance of 450.00 feet to saidSoutherly right of way line, thence a bearing ofNorth 73°48'51" West, along said Southerly rightof way line, 643.86 feet to the North line of said NW Y4; thence on a bearing of North 89°23'06"West, along the North line of said NW Y4, a distance of 5.92 feet to the point ofbeginning. .

And also except the following described property:

Commencing at the Northwest comer of said Northwest Quarter; thence on an assumed bearing ofSouth 00"39'53" West along the West line of said NW ~ a distance of 448.35 feet to the point ofbegiIlIffilg; thence South 73°48'51" East, parallel with the Southerly right of way line ofMinnesota Trunk Highway No. 55, a distance of 530.11 feet, thence South 00°39'53" West to theNorth line of Block 2 ofWilglo Acres Addition, thence West along the North line of Block 2 ofWilglo Acres Addition to the West line of the Northwest Quarter of Section 17, a point 1,775.96feet South of the Northwest comer of the Northwest Quarter of said Section 17, thence North tothe point of beginning and there terminating.

AND

That portion of the Southeast Quarter of Section 8 lying East of Stearns County Highway No. 130.

BUT EXCLUDING THE FOLLOWING DESCRIBED PROPERTY:

That part of Section 17 and 20, Township 122, Range 32, Stearns County, Minnesota, described asfollows, to-wit: Commencing at the Southwest comer of said Section 17; thence North 89°47'57"East, along the line between said sections, a distance of 1282.07 feet; thence South 74°23'57" East1005.94 feet to the point of beginning of the property to be described; thence North 74°23'57"West 1005.94 feet to a point on the line between said sections; thence South 89°47'57" West1282.07 feet to the Southwest comer of said Section 17; thence North 00°32'32" West, along theWest line of the Southwest Quarter of said Section 17, a distance of 1326.42 feet; thence South74°23'57" East 67.70 feet; thence North 89°44'39" East 1116.23 feet; thence North 00°29'26"West 83.96 feet; thence North 88°51 '39" East 819.76 feet; thence South 45°55'03" East 1129.00feet; thence South 00°34'03" East 618.17 feet to the South line of said Section 17; thence North89°48'28" East along said South line of Section 17 a distance of 567.04 feet more or less to theWesterly right-of-way line of State Highway Number 23; thence Southerly along said Westerlyright-of-way line to its intersection with a line which bears South 65°52'07" East from the point ofbeginning; thence North 65°52'07" West 966.57 feet to the point ofbeginning.

AND ALSO EXCLUDING THE FOLLOWING DESCRIBED PROPERTY:

EXHIBIT BLANDS NEWLY ADDED TO ORDERLY ANNEXATION AGREEMENT

Dennis Rothstein:

That part of the following described tract which lies Southerly of Minnesota Department ofTransportation Highway Right-of-way Plat No. 73-104, as of public record, Steams County,Minnesota:That part of the NW 1/4 and of the NE 1/4 of Section 20,·Township 122, Range 32, StearnsCounty, Minnesota, described as follows: Commencing at th~ Northwest comer of said NW 1/4of Section 20; thence on an assumed bearing of S 89°39' E along the North line of said Section20 a distance of 1148.10 feet to the point of beginning of the tract herein described; thence on abearing of S 11°12' E, 508.90 feet; thence S 02°12' E, 602.40 feet; thenceN 62°36' E, 1030.29feet; thence S 34°51' E, 566.63 feet to its intersection with a line which is on a not tangent curveto the last described course but is parallel to and 175 feet Northwesterly of the NorthwesterlyRight-of-way line of State Trunk Highway Number 23; thence Northeasterly along said curvewhich is concave to the Northwest, having a central angle of 05°37'17", a radius of 1659.86, adistance of 162.84 feet the chord bearing of said curve is N 52°17'39" E; thence S 40°30'59" Eon a line which is radial to the curve of State Trunk Highway Number 23, a distance of 175.00feet to the Northwesterly Right-of-way of said State Trunk Highway Number 23; thenceNorthwesterly along said Right-of-way line to its intersection with the North line of said Section20; thence Westerly along said North line, to the point of beginning.LESS AND EXCEPTThat part of the above described property lying Northerly of the following described Line "B".Line liB" is described as beginning at the hereinbefore described Point "X"; thence S 15°36'03"W, 237.52 feet; thence S 74°23'57" E, 166.67 feet; thence S 65°52'07" E, 842.66 feet; thence N15°36'03" E, 645.43 feet to a point on the North line of the Northwest Quarter of the NortheastQuarter of said Section 20 and said line "B" there terminating.ALSO LESS AND EXCEPTThat part of the above described property lying Northerly of the following described Line "0".and Easterly of the following described Line "E". Line "D" is described as commencing at theNorthwest corner of Section 20, Township 122, Range 32, Stearns County, Minnesota; thenceN 00°32'32" W, along the West line of the Southwest Quarter of Section 17, Township 122,Range 32, a distance of 805.89 feet; thence S 74°23'57" E, 2297.96 feet; thence S 15°'36'03"W, 425.00 feet; thenceS 74°23'57" E, 166.67 feet; thence S 65°52'07" E, 842.66 feet to a pointhereinafter referred to as Point "Y" and the point of beginning of Line "D" to be described;thence continuing S 65°52'07" E, 123.91 feet to the Westerly Right-of-way line of said StateTrunk Highway Number 23 and said line "D" there terminating. Line "E" described as beginningat the hereinbefore described Point "Y" thence N 15°36'03" E, 645.43 feet to a point on theNorth line of the Northwest Quarter of the Northeast Quarter of said Section 20 and said Line"E" there terminating. Subject to the easements of record. Containing 6.12 acres, more or less.

The above-described premises consisting of 6.12 acres, more or less, as designated in red on the mapattached hereto and designated as Map 2.

~ Dum:y GU'-':\IDillllentu ~er"lc-~

, :u-Je! I ~r,l}5

I i1JJs:mgp;S:rn1l<k B7aila!Jle OIl an "jtl is"· -i~ N1'iho1!l e.A....ess or impliedW1lrra.nt~ rft any SOl"I, including specificilly. !ITJ'j implied WliITantie.~ offim=fcr II pJ!ttic,ilin' pi1.ipl)S3, w~'>S of =--chant~bllilyor 'l;Jll.1T!mties rell!lingthe ~ccuracy of \be d=bliSe.

Orderly Anne...<ation Area

" '

CERTIFICATE OF ADMINISTRATION

I, Renee Eckerly, the duly appointed, qualified and acting Administrator of the City

of Paynesville. do hereby certify that the records of the City Council indicate that the

attached Resolution is a true and correct copy of said Resolution of the City of

Paynesville.

That present at the meeting were the following council members:

Jeff Thompson, Jean Soine, Jeff Bertram, Dennis Zimmerman. and Gene Beavers.

The following members were absent: _.--:N~o~n-,-"e~ _

The vote with respect to the Resolution was as follows:

Three

___T-'--w=o=---- against the Resolution.

__---'Nc..:.o=:nc.:..:e=---- abstained from voting.

IN TESTIMONY WHEREOF, I have hereunto set my hand this 2th day of

October, 2010.

ATTEST:

w~JOTllPson, Ma~orCity of Paynesville






Item Number: VI - C

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Building Inspection Services Agreement

Ron Wasmund, Inspectron, Inc. will be in attendance to present a new Building InspectionServices Agreement.

58 RFP requests were sent out to Building Inspectors in the area. Only one RFP was received toprovide Building Inspection Services for the City. Please review the attached proposed BuildingInspection Services Agreement. The following are increases/changes to their contract:1. An increase in administrative costs from $200.00 to $250.00.2. An increase in inspections fees from $30.00 to $35.00; plus $.44 per mile one way from

Waite Park.

At the February Planning Commission meeting the Commission discussed that if serviceimprovements were made the Commission would consider an Agreement for a year and a half.

At the April 23, 2012 Planning Commission the Commission was satisfied with the improvedservices, has reviewed the Agreement, and recommends approving the Building InspectionServices Agreement through December 31, 2013.


COMMITTEE/COUNCIL ACTION:'

Motion to approve the Building Inspection Services Agreement through December 31, 2013.

BUILDING INSPECTION SERVICES AGREEMENT

This agreement is entered into this 9th day of May 2012 by and between Inspectron,Inc,. a Minnesota corporation with its principle place of business located at 15120Chippendale Avenue, Rosemount, MN 55068 (hereinafter "Inspectron") and the City ofPaynesville an incorporated Minnesota city with its principle offices located at 221Washburne Avenue, Paynesville, MN 56362 (hereinafter "City").

WHEREAS, the City has enacted the Minnesota Building code (the "Code");

WHEREAS, the City requires building inspection services to ensure compliance with theCode;

WHEREAS, the City desires to enter into an agreement for the purchase of buildinginspection services with Inspectron; and

WHEREAS, Inspectron desires to provide such services to the City.

NOW THEREFORE, upon adequate consideration, the receipt and sufficiency of whichis acknowledged, the parties hereto agree as follows:

1. Duties of the Parties. During the term of this agreement, Inspectron agrees toperform the following services:

See itemized list attached as Exhibit A

City agrees to provide Inspectron with access to pertinent information, records, systemsand data, as determined necessary at the discretion of Inspectron. The city andInspectron together shall provide all required forms. Inspectron shall assist in theresponsibilities of administration and enforcement of its zoning ordinance by reviewingall building permits prior to issuance. City shall hold Inspectron harmless and indemnifyInspectron from any and all claims that arise or may arise from zoning, land use,ordinances or incomplete or incorrect information on the permit application. InspectronInc. shall indemnify and hold the City harmless from any and all claims that arise or mayarise from Inspectron's' negligent or fraudulent acts of building code enforcement. Thecity does not waive any limitation on liability pursuant to M.S.A. Chap. 466. Suchindemnification and hold harmless shall specifically include damages, claims costs andreasonable attorney fees.

Inspectron shall perform the service under this contract at such location and at suchtimes as Inspectron deems appropriate while providing the service necessary toprofessionally carry out the terms of this agreement. Inspectron Inc. will have aninspector at City Hall as mutually agreed upon to conduct meetings with the public andCity staff members for the purposes of this agreement.

The counter permits will be a two (2) part form that the applicant will complete at theservice counter when they come in to apply. The back page will be card stock paperthat will be the permit and inspection card. The City staff will assist in locating the parcel

11/

number, legal description, confirming zoning, collecting money. The applicant will beable to pay for and walk out with their permit.

Inspectron shall provide all tools, transportation, and communication devices it deemsnecessary to carry out the field services of the agreement.

City shall accept permit applications inclUding two sets of construction plans and siteplan and all information required in permit submittal requirements contained inInspectron's application packet. The application and site plan shall be reviewed andapproved by the zoning administrator for proper zoning and setback requirements. Cityshall notify Inspectron that a plan has been turned in and approved for building codereview and permit issuance. Mechanical equipment change out permits may be issuedby the City and forwarded to Inspectron for processing.

Inspectron agrees to proceed diligently and in accordance with its usual course andmanner of business. Inspectron may at its discretion retain subcontractors under thestandard umbrella of protection and services to be provided in the performance of thisagreement. Inspectron agrees to perform additional services, to which the parties agreeduring the term of this contract under the terms and conditions of this agreement.

2. Term of Agreement. This agreement is effective commencing May 9,2012 andshall consist of a period of 18 months of service through December 31 2013.. Thisagreement will be reviewed and renewed prior to its expiration.

3. Payment. In consideration of such consulting work, the city agrees to pay toInspectron under the following schedule:

a. $250.00 per month to cover general administrative responsibilities, maintenanceand compilation of reports of activity to the Planning Commission and Council,responding to general phone calls and inquiries from the public and City staff.

b. $35.00 per inspection performed. A monthly report of the inspections performedwill be included with the invoice.

c. $ .44/mile will be charged for travel one way from Inspectron's Waite Park Officefor each inspection performed

d. Plan review and meetings will be charged by the hour for all time worked. Notime will be charged for less than half hour increments. The hourly rate for theseservices will be $55.00 per hour.

Additional work agreed to by the parties, shall be paid at the rate of $55.00 per hour ofservice.

All work shall be billed on a monthly basis. The City upon receipt of such billing shallpay within 30 days.

Payments more than 30 days delinquent shall accrue a 1.5 percent monthly financecharge.

Inspectron will bill charges for after hours and weekend inspections as well as pre-movestructure inspections directly to the permit applicant. These fees and the time spent for

2

the inspection will be outside the terms of this agreement and will not affect the weeklyservice time.

4. Confidentiality. City agrees that it will not reveal, divulge or make known to anyperson, firm, or corporation any secret or confidential information during or after theterm of this agreement. Confidential information shall be defined as knowledge,systems, practices or other information submitted in writing or other tangible formdesignated as confidential by Inspectron. The City shall use such confidentialinformation for the limited purposes of this agreement.

Inspectron understands and agrees that all data collected, created, received,maintained or disseminated for any purpose in the performance of this contract isgoverned by the Minnesota Government Data Practices Act.

Inspectron shall act as the custodian of records maintaining copies of informationcollected, created, received, maintained or disseminated for any purpose in theperformance of this contract. The City will be carbon copied, with the monthly invoiceon all correspondence sent regarding inspection issues, final inspections andCertificates of Occupancy. All such original records shall be returned to the City upontheir request or upon termination of this agreement.

5. Relationship. Nothing in this agreement shall be construed to createemployment, a partnership, joint venture, license or agency relationship and neitherparty shall have the right or authority to bind the other. The city agrees that it will nothire any of Inspectron's employees, who have provided services under this agreement,during the term of this contract or for a period of one year after the expiration ortermination of this agreement, without the express written consent of Inspectron. In theevent the City hires such Inspectron employee(s) (with or without express writtenconsent of Inspectron); the city shall notify Inspectron and pay a fee often (10%)percent of the employee's 1st year annual salary with the City. Such payment shall bedue upon the commencement of employment with the City. The City Administrator andInspectron will commit to meeting on a quarterly basis or when deemed necessary tocontinue to enhance the service we can offer to the Paynesville community.

6. Termination. This agreement may be terminated by either party upon thirty (30)days written notice. Such termination shall not affect the rights and obligations of theparties accrued prior to the termination date or rights under paragraph 3 and 4.

7. Assignability. This agreement shall not be assignable by either party without thewritten consent of the non-assigning party.

8. Law. This contract shall be governed by the law of the State of Minnesota. Theparties agree that the venue of any legal action arising under the agreement shall beStearns County, Minnesota. The parties further agree that in the event either partybrings an action against the other to enforce any condition or covenant of thisagreement the prevailing party shall be entitled to recover its court costs andreasonable attorney fees in the judgment rendered in such action.

3~

9. Severability. If any provision of this agreement shall be held by any court to beillegal, invalid or unenforceable, such provision shall be construed and enforced as if ithad been more narrowly drawn so as to be legal, valid or enforceable. Such illegality,invalidity or unenforceability shall not have effect upon or impair the enforceability of anyother provision of this agreement.

10. Entire Agreement. This agreement constitutes the entire agreement between theparties. This agreement may be amended only by written agreement of both the Cityand Inspectron.

11. Inspectron, Inc. will provide proof of Workers' Compensation insurance.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dayand year first written above.

City of Paynesville

By: _

Its:-----------

Inspectron, Inc.

By: _

Its:------------

Exhibit A

Inspectron Inc.Mission Statement

"To deliver cost-effective, professional and comprehensive buildinginspection, plan review and project management services that ensure safe

homes, businesses and communities"

Proposal for Building Inspection Services

To

City of PaynesvilleStearns County

State of Minnesota

January 18,2012

5

~osal For the City of Paynesville

January 18, 2012

This proposal is being submitted to the City of Paynesville for professional building inspectionservices.

We propose to serve as the Building Official fulfilling all the responsibilities customary to theposition of Building Official. This includes:

1. Meeting with property owners, contractors, architects, material suppliers and sub-contractorsas necessary to insure accurate building permit applications and plans necessary for issuanceof building permits.

2. Perform detailed plan reviews on residential, commercial industrial and institutionalconstruction plans with written comments to the applicant.

Issue Permits for the work described on the permit application upon completion ofthe planreview process. To expedite the issuance of permits for certain fixed fee permits for routineresidential maintenance or repair as identified in the City's fee schedule, the City will beinstructed on how to issue over the counter permits. Over the Counter permits will beavailable for residential maintenance such as roofing, siding, window or door replacementand emergency furnace or water heater replacement. The fee for these permits will be asreflected in the City's adopted fee schedule.

3. Perform and document field inspections, including plumbing, mechanical, footing, framing,insulation, fire rated assemblies, final inspections and reinspections as necessary. Allinspections will be performed within 24 hours of the applicant calling for the requiredinspections.

4. Issue Certificates of Occupancy with Copy to the City.

5. Provide all correspondence to the permit applicants and permit holders requesting additionalinformation for permit review in a timely manner.

6. Track all project status for current inspections and send all correspondence to permit holdersrequesting progress inspections or required inspections if delinquent.

7. Provide Monthly activity reports to the City Administrator that detail the permits issued forthat month showing both open and closed permits and the inspections performed year to datethat month. The reports will be furnished for the first Planning Commission Meeting of themonth.

8. Respond to and follow up on public complaints regarding building permit or housing issuesfor quick effective resolution with carbon copies to the City..

To complete this service period, a Certified Building Official will be assigned for managing thedaily responsibilities. An experienced, MN Certified Building Official will be assigned toperform the plan reviews and field inspections on a daily basis.

6

Ron Wasmund will serve as the project coordinator, representing Inspectron, Inc. in any disputesor requests for additional service. It is the intent of this proposal to provide the service requiredfor effective code administration.

Inspectron, Inc. will provide this service for the following charges:1. A monthly administrative fee of$250.00 per month, billed monthly. The

monthly administrative fee is intended to cover the report preparation andgeneral office admin such as scheduling inspections permit processing andphone calls.

2. $35.00 per inspection for all field inspections plus .44 cents per mile for travelone way from our Waite Park Office.

3. $55.00 per hour for all plan reviews and meeting attendance. There will be aminimum charge of one hour.

4. Inspectron will inspect all buildings prior to being moved into the City. Thefee for this inspection will negotiated with the party desiring the inspectionbased upon the type, age and location of the structure based upon the $55.00hourly charge. Time will be charged for travel one way to the structure beinginspected. The party requesting the inspection will be responsible for allcharges associated wit the inspection.

5. A finance charge of 1.5% will be charged for all accounts payable if notreceived within 30 days of billing date. All invoices will be presented for thefirst Planning Commission meeting of the month.

6. Inspectron will follow the City's adopted Fee Refund Policy.

7. Inspectron will work with the city to develop any additional handout materialsbeyond what is already provided.

Respectfully submitted,

(j@n Wasmund

Ron WasmundPresidentInspectron, Inc.

7tf

EXHIBIT "8"

Billing Rates

The customary rates for services are:

Building Official Responsibilities:Ron WasmundLarry WasmundLee GladitschGary Utsch

Field Inspection ServicesLarry WasmundLee GladistchGary UtschOther

Plan Review ServicesLarry WasmundLee GladistchGary UtschOther

$75.00/hour

$55.00/hour

$55.00/hour

Hourly charges are all inclusive, including equipment charges, communicationcharges and overhead.

8

EXHIBIT "e"

Over The Counter Permit Procedure

Over the Counter (OTC) permits are intended to be used for fixed fee permits forresidential maintenance such as roofing, siding, window and door replacementand emergency furnace and water heater replacement. The procedure for Overthe Counter permits follows:

Applicant obtains and completes a permit application at City Hall.

Paynesville City staff member calls Inspectron, Inc. on toll free number to obtaina permit number from Inspectron, Inc. receptionist.

Paynesville staff identifies her/himself and purpose of call to Inspectronreceptionist immediately allowing quick assistance to Paynesville staff.

Inspectron receptionist confirms address of project and communicates nextsequential permit number from permit software to Paynesville staff member.

Paynesville staff member writes the assigned number on the Over the Counter(OTC) permit, collects the permit fee and releases the bottom copy of the OTCpermit to the applicant. The top copy of the OTC permit shall be given toInspectron staff member upon her/his next visit to City Hall.

Inspectron staff member faxes or delivers copy of OTC permit to InspectronRosemount Office for entry into permit software to insure accurate reporting ofissued permits.

Inspectron receptionist files a copy of the OTC application/permit by jurisdictionand address at the Inspectron Rosemount office.

9


COMMITTEE/COUNCIL NAME: City CouncilCommittee/Council Meeting Date: May 9, 2012Agenda Section: New BusinessOriginating Department: AdministrationItem Number: VI - 0

ITEM DESCRIPTION:

Prepared by: StaffCOMMENTS:

Town & Country Days - Temporary Street Closings, Parade Permits,Street Dance, Temporary Liquor License, and City ParadeParticipation

City Parade Participation - Discuss participating in the parade. Who will be participating? Would theCouncil like the pontoon "Let's Go Fishing"?

Insight For Hunger Picnic & Car Show - A Temporary Street Closing Application has been receivedfrom Insight Eye Care to close Washburne Ave. from south of the Fire Hall to Main St. on Saturday, June9, 2012 from 7:30 a.m. to 1:30 p.m. for their annual picnic in Gazebo Park and Car Show. They would alsolike the $25.00 Gazebo Rental fee waived as their efforts are to help the local food shelf by asking fordonations in exchange for a free lunch.

Queen Bee's Bar & Grill Street Dance/Liquor Garden - Queen Bee's Bar &Grill, Inc has requested apermit to have a liquor garden and band on Friday, June 8, 2012. The band will quit playing at 12:00midnight. Both will be set up on Augusta Avenue. Street will be closed at 12:00 noon for set-up; band andalcohol will begin at 6 p.m. - midnight. Queen Bee's will need to schedule in advance with LieutenantDickhaus for an Officer to be in attendance while alcohol is being served. The charge is $35.00 per hour.Doris Wendlandt will be providing proof of insurance.

A Temporary Street Closing Application has been received from Queen Bee's Bar &Grill to close AugustaAve. from James St. to Hoffman St. on Friday, June 8, 2012 from 12:00 noon to 2:00 a.m. for a streetdance and liquor garden.

Kiddy Parade - A Parade Permit Application has been received from the Chamber to hold a KiddyParade on Tuesday, June 12, 2012 from 3:00 p.m. - 4:00 p.m. on Washburne Ave. from the KoronisManor to Gazebo Park.

A Temporary Street Closing Application has been received from the Chamber to close Washburne Ave.from the Koronis Manor to Gazebo Park on Tuesday, June 12, 2012 from 3:00 p.m. - 4:00 p.m.

Games NightlTractor Pull - A Temporary Street Closing Application has been received from theChamber to close James St. from Washburne Ave. to Koronis Lanes on Tuesday, June 12, 2012 from6:00 p.m. - 10:00 p.rn.

Carnival - A Temporary Street Closing Application has been received from the Chamber to close JamesSt. from Washburne Ave. to Stearns Ave., Augusta Ave. from James St. to the alley, and Augusta Ave.from James St. to AMPI closure on Sunday June 10, 2012 at 10:00 p.m. to Thursday, June 14, 2012 at6:00 a.m.

The Paynesville Area Chamber of Commerce would like the City Council to waive the enforcement of anyordinance restricting the temporary placement of RV's in the C1 Central Business District or 11 LightIndustrial District during the Town and Country Days June 10-14, 2012 for the use of carnival workersleeping accommodations.

ovr::::-r-?

Grand Parade - A Parade Permit Application has been received from the Chamber to hold the GrandParade on Wednesday, June 13, 2012 from 7:00 p.m. - 9:00 p.m. from Washburne Ave. to Maple Street.

A Temporary Street Closing Application has been received from the Chamber to close Washburne Ave.from Railroad St. to Main St., Main St. from Washburne Ave. to Stearns Ave., Stearns Ave. from Main St.to Minnesota St., Minnesota St. from Stearns Ave. to Maple St., and Maple St. from Minnesota St. to theCatholic Church. on Wednesday, June 13, 20126:00 p.m. - 9:00 p.m. The parade line up will be onRailroad St., Garfield Ave., and James St.


All applications have been reviewed by the Police Chief and/or the Fire Chief and are approved with theunderstanding that barricades and signage will have to be arranged with the City Public Works Departmentfor set up and removal.


Motion to approve the Temporary Street Closing Application from Insight Eye Care to close WashburneAve. from south of the Fire Hall to Main St. on Saturday, June 9, 2012.

Motion to waive the $25.00 Gazebo Park Rental fee for the Insight For Hunger Picnic &Car Show onSaturday, June 9, 2012.

Motion to approve a liquor garden and dance with band for Queen Bee's Bar & Grill, Inc. on June 8, 2012,pending proof of insurance.

Motion to approve the Temporary Street Closing Application from Queen Bee's Bar &Grill to closeAugusta Ave. from James St. to Hoffman St. on Friday, June 8, 2012.

Motion to approve the Parade Permit Application from the Chamber to hold a Kiddy Parade on Tuesday,June 12, 2012.

lVIotion to approve the Temporary Street Closing Application from the Chamber to close Washburne Ave.from the Koronis Manor to Gazebo Park on Tuesday, June 12, 2012.

lVIotion to approve the Temporary Street Closing Application from the Chamber to close James St. fromWashburne Ave. to Koronis Lanes on Tuesday, June 12, 2012 from 6:00 p.m. -10:00 p.m.

lVIotion to approve the Temporary Street Closing Application from the Chamber to close James St. fromWashburne Ave. to Stearns Ave., Augusta Ave. from James St. to the alley, and Augusta Ave. from JamesSt. to the AMPI closure on Sunday June 10,2012 at 10:00 p.m. until Thursday, June 14, 2012 at 6:00 a.m.

Motion to waive the enforcement of any ordinance restricting the temporary placement of RV's in the C1Central Business District or 11 Light Industrial District during the Town and Country Days June 10-14, 2012for the use of carnival worker sleeping accommodations.

Motion to approve the Parade Permit Application from the Chamber to hold the Grand Parade onWednesday, June 13, 2012.

Motion to approve the Temporary Street Closing Application from the Chamber to close Washburne Ave.from Railroad St. to Main St., lVIain St. from Washburne Ave. to Stearns Ave., Stearns Ave. from Main St.to Minnesota St., Minnesota St. from Stearns Ave. to Maple St., and Maple St. from Minnesota St. to theCatholic Church. on Wednesday, June 13, 2012 for the parade and the parade line on Railroad St.,Garfield Ave., and James St.

fgynesville Town and Country Da~

63,d Annual Grand Parade

Wednesday June 13th 2012 7:00em.

Organization, Contact person, _

Address Phone: ___

Does your entry have music yes or no

Description of entry: _

.

Property Owner's Name! Wtf52, ?satf;achr ~L,4 """,/ /Address ;(o/f 04.:.>I::1lit;;(jil..-~ Telephone No. t?( W - J' ~

Event~J1fICjA-J AI""' 61U/l4t1r -j-f ~ JA:ur~ li~rtJ·d.- ey. aa/'-rIIawI / JI/1!.17/&

Date(s) Street(s)To Be Closedr?1T -ri'/1 tJ-fj, Time(s) Street(:,) ~,0 Be Closed _ ~" ,uTi! ~ Vt/ll 6 (___ ;y.:J'(J q. rn ~. /O,/y!.-----------='--------"'------'-..::. I

CITY OF PAYNESVILLETEMPORARY STREET CLOSING APPLICATION / )

Date 3_':f/ I J-Applicant'sName ~ltL;'ior!1f El(cc!arc, AYJ/7:J{ieo;erd~ '~ __",~~dr7~s T;;, j <: ~ Telephone No. d if -;; - :55 0~dd Cf W~1.2. b?~r(J-& ,:ZJj/t---( ...

Street To Be ClosedFrom To



----------------- ...-------------------------------------------------------------------...---------------------------------------------------Approved By:

-l:k~~Chief of Police Date

Comments WO'f"-= vJ;~ c..:h ~c..~ U'\T ~ -e~cv4~ :\c.> c.. YV(A,Y"'j'\oCA.VV"/'~~ 'e-f p\4?c-ec:\.- o-:-eQ. ~~. jSo.Y'V"Ju;;\,..lq 0~ ~p\lA.'-~ c--d ~lI'l.J vu:) V\-()Y'-oL~ \ ~'r (?y~'Y ~ v.--J2G-:\-~ -e\N~ ,

Date

Comments _

Mayor Date

...---------------------------------------------------------------------------------------------------------------------------------------

For Office Use Only:

Date Receivr~ '" I '-_J.-c-~ \;t--

Date To Chief of Police

-0'c:;;;1-kO-l-++-IL=-------

.. ~S ig!:ltre.Burt W. Dubow, 00, FAAO

Greg J. Friederichs, 00

Bennett W. Nelson, 00

March 8, 2012

City of Paynesville221 Washburne AvePaynesville, MN 56362

To whom it may concern,

a Vision Source!"practice

www.insighteyecare.us(888) 253-0365

We would like to request that the rental of the Gazebo park fee be waived for the Insight for Hungerpicnic on Saturday, June 9th

• This request is in consideration of our sincere efforts to help our local foodshelf by asking for donations for the food shelf in exchange for a free lunch.

Thank you!

Since~~-:Mud£?JAnn and Greg FriederichsInsight Eyecare320-243-3566

St. Cloud(320) 253-0365

206 West Division St.

Waite Park, MN

56387

Paynesville(320) 243-3566

204 Washburne Ave.Paynesville, MN

56362

Becker(763) 261-5444

12390 Sherburne Ave.

Becker, MN

55308

~$O,OO

No. 283 - Application lar "ON SALE" license tor Intoxicating Liquor. BU!;1I~ESS REi:;:OROS COAPO~TION! MINNESOTA

.1lUNIOIP.4.LITr OF..X~",.~~.§V~.\.\.? .

"ON SALE" 4f'1~~;Jarc:uy.tatt of "innt~ota, }

OOUNTY OF $±?~':':'.Y.' ..$.............. .

TO THE GOJl'ERXING BODr OF THE .'lBOVE N./.llED .lfUNICIP.4LITY:

.......day of...~v.~,~

Pm'su.ant to Ohapter 46 of the laws of .~Iinne.sota, Special Session of 1933-4..

... Q.u.e.:~y.~ .... .6ee.~~f5.f1.y..; .. G.:-O(.:.J, ..t~C;~"bi)~L C~",t~:-:::' .. ,:z;",~

D·Y\.:f-·o.~;.y::I.e 1Z-

......... 1Iif.... .... , to seLl ;'ntoxicatind liquors

hel'eby appl..!.eS.,fol' a license, f01' the ie/wI, of..~

from. the e..... .as defined by law at retail only for consumption "O.V THE PRE.,lllSES" described as follows: ...

.... an state ,'

..................................., s..~~ .. ~:\±Q,,~::<':-.!':P ~~-... -.•- ......--_-..-,..-......-,"'"'1..................in said municipality, on which prem ,t.- .....~~=t' rate a

That said municipality is a.

.. which has a population of

.. ..........and ll'hich does not ma.intai-n an e;l:clusive liquor store;

That said . ....................... ............:1s an establishment having a resident

proprietor and mana-!!er and the foLlowing equipmellt aml facilities, ..

That said applicant.~y..I.~ w.~~CZt~~ of the Uni·ted States, \.S over twenty-One

years of age,1>.!?:<.!.':> ~.~~\~'i1 good moral character and repute, n9,.!.? not, since the enactmentof the at't above specified, been convicted of any wilful violation of any law of the UnJited States, or 01the Sta·ie of Minnesota, or of any local ordinance, with regard to the manufactl~re, sale, distribution, or

possession for distribution or sale, of intoxicating liqlLOrs, and that no license issued to.~.\.~.. ¥.'.~.~!:'!.l~~&-\:under said act has ever been revolced: Q.lle-........ t3ei $

'I'hat Jio m,anufacturer 01' wholesaler will own or control, 01' has any financial interest in, thebusiness of seUing intoxicating liquors at retail on said prem,ises, nor power to exact or requi·re, Uy eon-

t,'act, understandind or otherwise, said applicant to handle or seU only the products of such m,anu-Iltctl~rer 01' wholesaler: .

That no other retailer's license has been issued. directly or indirectly, to said applicant or forsaid premises; that no license pf a cZass other than he,'eby applied for has been issued to any person atsaid premises; and that said premises are neitltel' olL'ned, 01' l'ontrolled by any person to whom no licensel.oulll be issued:

Th.at said premise's are not within any m'ea· ldthi,/' which the sale of intoxicatind liquors is prohibited by the laws of the State of .,lfi.nnesota, the pl'Ovisions of 'any charter, ordinance or special law,or through zoning ol'dinanees, proceelUngs or legal process l'egularly held for that purpose:

That SG.id applicant hereby agree.. that any license granted pursuant hereto shall be non-tl'ansferable without consent of the al~thority issuing the same; that said License shall not be effectivenntU a pel'mit shall be issued under the laws of the United States in ease suoh permit is required under

Mi,T. law,.; ancZ that... .. .. .will keep said licen..e posted in a conspicuous place in said premises:Tha.t this application is made pw'snant and snbject to aU the laws of Minnesota the laws of the

['niti'll States; the ordinanees and regulations of said mnninipality, and the redulatidns of the Liquor('Olltl'01. (:ommlssionel' of Minnesota, )'elating to the Sf/Ie. and places of sale of {ntoxicatinJ liquors, all

of which al'l' hCI'eby made a part hereof, and which hereby agree to observe and obey.

.. . .............................. . .(Here state'other l'eqltirements of local regl~lation, if any)

.. f".°l? ~~~ .

fbtate of .:minnesota,COUNTY OF....S\~c.,,~~ ..

... ... =-DOy:.\.s ..W·e..",-c"\o.,,,t\+...

. }ss.

... being duly //Worn, on oath say that .

the within applicant... ... ; that he ha .fl~ll and !il'st hand 1cnowledde of the facts stated i-n

the within application and of the business of said applicant , the location thereof,' and the contents

of the within application; and that the statements made in said application are true of. ..

own knowledge.

Subscribed and Sworn to Before

m'P

4gn

, .lfb:R§i1Notary Public <;;?.'!.~.:~.':':.~.L . COlmty, .1Imn. .

My Commission EJ)pires .....~~., ... . ::3 \,... 2.-:C>.J?:......

...5~

~...e c>.;.- C

" ~

~....Q

~j t... .~.~

.~~ .~t:)C ~~

-0"

\}

RE: Queen Bee's Temporary On-Sale Liquor License

\)

The dance and liquor gardens will be held on Augusta Avenue adjacent tothe property owned by Queen Bee's Bar and Grill. The area will be blockedoff. That area includes Augusta Avenue from James Street to the alleydirectly behind the Queen Bee's property and from the Queen Bee'sbuilding to the curb on the west side of the street.

CITY OF PAYNESVILLETEMPORARY STREET CLOSING APPLICATION

Date 9- g -I z...Applicant's Name DLeLn bee..s h0v 1 QIA '} \Address \2\ We5i 0).mes ST· Telephone No. olD 2...% oC1l 5

Property Owner's Name JbDm<Q 9: DoY3s \NmdlRodiAddress Telephone No. _

Event D\ 0 Ottx 61ytet-Date(s) Street(s) TJJ ~tClosed Time(s) Street(s) To Be Closed

,'Tunt- (;1TIJ'-----I-02.D=...!.....>o1L~____ tr/DO P YO - l---"u""",,{)Uy\o<='L...L......L _

Street To Be Closed M~h {(1From.J()'roes~ ~'-'-------TotbQt-Xo(lQ S1-:... _

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

Street To Be Closed _From To _

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

DateChief of Police

CommentsW~ e:JI~~

Approved By: . DL:t:~_~? ~

Date

Comments _

Mayor Date

---------------------------------------------------------------------------------------------------...----------------_......._--...._-----------For Office Use Only:

Date Received

M.4vc.t" """30( z.o ;-z.,.Date To ~ef of Police

-_y....lY~~-"-I-""'2.."------ __Date to Fire Chief

(; .\:IV

Estimated End Time: ----!±r-N)-=-------_

CITY OF PAYNESVILLEPARADE PERMIT APPLICATION

THE UNDERSIGNED HEREBY APPLIES FOR A PARADE PERMIT:.') (\

Individual/Sponsoring Organization: Ia,\ YlC)V\\\.c \)(\l\Ys\Y2CV'

Contact person:,Jf y\\'\ifv (l\,\f)Y't~\\t Telephone Number:~? 'Jq7t)

Address: J01\ 'NbT J~'N'J~ vT >

To present upon the streets/avenues within the City of Paynesville.

Date of Parade: (jUbel 1.......2d"'-+.:....~· _

Start Time: _------'oO..L+O"---'l'Y\<........>.... _I

General Composition: ----;:- ~-----

Beginning Point: 'N"WDf\\\ M~f\\)Y- Final Destination: ------"o.(),e.,.'~_1_.~=-Y>.:..:....~=----+~--=-~::..:..V1....:....L.--_Route to be used (via streets and avenues):

I 0JVE) HERBY AGREE that in case such permit is granted, I (we) shall comply with Section 7.09 of the City Code (copy attached),

I 0JVE) HEREBY FURTHER AGREE to inform all parade participants that candy is welcomed and appreciated; however for the safety ofsmall children I (we) ask that you hand out candy away from vehicles.

I 0JVE) HEREBY FURTHER AGREE to inform all parade participants that the consumption of alcoholic beverages upon any float orvehicle participating in the parade is prohibited,

I 0JVE) HEREBY CERTIFY that I (we) have read and examined this application and know the same to be true and correct. Allprovisions of Laws and Ordinances governing this type of work will be complied with whether specified herein or not. The granting of apermit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating traffic laws,

Sig ture of Individual or AuthorizedRepresentative of Sponsoring Organization

tl-·~ D.:JJ-Paynesville Chief of Police,

Date Submitted: ~) '-at>l\IDate Approved: ~--I-I "?-.

Comments: _

Jeff Thompson, Mayor City of PaynesvilleDate Approved: _

NOTICE: The permit for this parade shall become null and voidif said parade is not held on the date or at the time stated on this application.


Date 6)~S I\CApplicant's Name -J.~....lo.!!(}J~L\~(\.=~~V\....:....:\....!...:\-(",,--~o~ro,!J.J.1Y\j~oc.....v..v_l Jtnf\\tev A\'oytG0vt-Address Telephone No. 240,3915

Property Owner's Name _Address Telephone No. _

Date(s) Street(s) To Be Closed ".\-'".:Ju.ne.. C1 \u-

Street To Be Closed \WG.bhW.vna. tb-e.From _

Time(s) Street(s} To Be Closed3 9YY1 - 4_p..:....!....,h)r.-.--_

To ~CCLOS>b ?O.:v'\~Street To Be Closed _

From ~----------Street To Be Closed _

From To _

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

Date

Approved By:

L+.~D~Chief of Police

Comments a,~ p~ w~~1

$-/-/2

Date

Comments _

Mayor Date

---------------------------------------------------------------------------_...---------------------------------------------........_----- ......_--For Office Use Only:

Date Received Date To Chief of Police\ \ \ ?,','")I, :',1

Date to Fire Chief

-S~{t

Applicant's Name £0\'\1'1e8A\\:t 0X'o..mbevAddress 0,

Time(s) Street(s) To .Be Closed~M - \Dpro...........-.- _

To J<O\tiWU~ \,(j;V\es--f


Date \3 \a.5 \--'-\L.>==.-_~_I I

GCtW1cS Nlq\d- l'VCAL-TUV ?~ \ ITelephone No. _

Property Owner's Name ----::~___:__-___Address Telephone No. ~__

Event f1 ()m0, ),)~'n;r \l-+Y~a1.1..".Cm~,,------!.....Vtl-.::.....-\.::-L-\ _

Dat~ Streftis) To Be Closed .\\l\~Lb\2u-'\ J\J\{\-(, \"lill

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

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

----------------------------------------------------------------..._-----------------------------------------------------------------------Approved By:

L-1.~·O~Chief of Police Date

Comments W~ wI~~ W~ ~ ~~'k4?1C'~o

Date

Comments _

Mayor Date

---------------------------------------------------_ ...------------------------------------------------------...---------------....._-----------


Date Received Date to Fire Chief \\.~

5.\)'1...---


Date _

Property Owner's Name --:- _Address Telephone No. ~__

Event10W I\ ~ rtUl'!ki c)aJj_O£\tnIVI1I'--- _Date(s) Street(s) To ,e Closed 0' ".~ -m Time(s) Street(s) To Be Closed____~~~---=-~U,(\CL.!:·>£.... .u.L.---...J,;;,0,;.::..:~~i.\4~~bpro - lP.....,.aYY\.L.I-'---- _

Street To Be Closed \In ffifS &y. . '"From To ~&S\'\l1\l\;y\e.,

SlreetToBeClosed . ~dI\A~lL.er 1>.. 11 J~ !Il~From----.iJQrots~ To .nll\jl!S~ ,tD~--

Street To Be Closed z\t.GljIA&\v. dt. k:-",n' ('1From --=J!A,roei----J'L To -llill'f/) _/lifM('IL.

------------_......-----------------------------------------..--------------------------------------------------------------------------------Approved By:

L-I-.~D~Chief of Police

.,f"-/-I"l..Date

Comments W~ wi r~ ~ w~ ~~

,;~-/-/oDate

Comments ~__

Mayor Date

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


Date Received Date To ChieYfr'Olice.,f ?---. ........., ~ ,f 'vU· ~

Date to Fire Chief?" N6 \ ~ '1.::>

We the Paynesville area chamber would appreciateA waver on temporary ordinance RV. 's in the DOWNTOWN area, CMFCUand FEED CO .It would be used by the Magel CarvnivalFQr th~ .rlll1f< 12:-]$fr \ () - \ '-t -+-0 I 2b\ .z.For Town and Country Days are in place.Any further 'luestion please call 243-3975 ask for Doris

Thank you,DQris Wendlandt

\.o

CITY OF PAYNESVILLEPARADE PERMIT APPLICATION

THE UNDERSIGNED HEREBY APPLIES FOR A PARADE PERMIT:

Ind~~uavSponsoringo~an~ation:~~LU~n~e=S~~~~~~~(~~~~~~~~~~~=.~(_Y~~~~~~~~~~~_

Contact Person: Gh'\\'\\k ll\'drZtJ'\ \ Telephone Number: ---=2J=-!1..:-Q.::....-----lO=::::...Q--=--..:l_Lf _

A~ress: '1\ ~J~~ (J~'_~~L~S~~-·-.~~~~~~~~~~~~To present upon the streets/avenues within the City of Paynesville.

Date of Parade: \.) \Ay\ t, \ 'J+- V\r--_-,:---

Start Time: JQ.p\"f\ l '1Qry) ~o..vo.Ai. ~1\\rh) Estimated End Time: Jil.;....?...;....rn _General Composition: _

Beginning Point: \f',\()Sl\'x»--Vyu... H{. Final Destination: M6t¥-\{,"------=S=--.~_'__~~_

Route to be used (via streets and avenues):

CJ''t-\\,\O\\LI (WE) HERBY AGREE that in case such permit is granted, I (we) shall comply with Section 7.09 of the City Code (copy attached).

I (WE) HEREBY FURTHER AGREE to inform all parade participants that candy is welcomed and appreciated; however for the safety ofsmall children I (we) ask that you hand out candy away from vehicles.

I (WE) HEREBY FURTHER AGREE to inform all parade participants that the consumption of alcoholic beverages upon any float orvehicle participating in the parade is prohibited.

Date Approved: S-- J - J~

Sig ture of I dividual or AuthorizedRepresentative of Sponsoring Organization

Lf.~!O~_-__Paynesville Chief of Police,

I (WE) HEREBY CERTIFY that I (we) have read and examined this application and know the same to be true and correct. Allprovisions of Laws and Ordinances governing this type of work will be complied with whether specified herein or not. The granting of apermit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating traffic laws.

Date Submitted: b\m~ \L

Comments: _

NOTICE: The permit for this parade shall become null and voidif said parade is not held on the date or at the time stated on this application.

Jeff Thompson, Mayor City of PaynesvilleDate Approved: _

Date


0) 9'>0 1--,,-11""--1_

Applicant's Name ~1 ... iLt\[SV\\\ ( t\\lllY'R\Qfr kftf\V\\rc.v G\.\\oY~~\t _Address ~_...:.....-_______ I Telephone No. '1)1'6 b OJ 7Cj

Property Owner's Name _Address Telephone No. _

Eventj)'W~ -\ CIjlAVlPtY\ ~I¥ gnndDate(s) Street(s) To Be Closed } 1?2\-1,

\ lAne. '- -:e: ...

Time(s) Street(s) To Be Closed q~ 'lRvm- ('Ih

IStreet To Be Closed --:--:- _

From \NcV;:zVWJ\AVV\..L frJ-t To }J\G\('l\ ~t-.

Street To Be GlpseQ ---1er=.--------- ~'M h 1/\1\ (,f'v.,. I ()

From tJ\l\ \ \'\ ,:)1. To _--J;::...I-,---\~_-_y \')-,---n_v_~ _

Street To Be Closed S)U\.\;y\~ -1b fJ\l\'\.\,\'(\DtCL SfFrom . To ,.------,--~----=--_

p\\V\~()t 10 fJ\l\'f~\C-' t:V\C\ Ckt- QLL+h6hL O\r\u..VGV1~~~~~~~d-B~~---M~y\~\~--$T~-~~\~@d--S~-~--3OY-~dd--frV~-:IWS--~--:;--i\n~-u=p----

1--1.~fi)~-~ _~_-_-_I--_/7.. _Chief of Police Date

VFire Chief Date

Comments _

Mayor Date

----------------------------------------------------...-------------------------...-------_...---------..._--------------------------------------


Date Received

v ' ... '\'\

Date to Fire Chief 1,L\ q (~J

'31. \ .\t'7 lij




Agenda Section: Consent


Item Number: VI - E

ITEM DESCRIPTION:

Prepared by: C~lris

COMMENTS:

Personnel - Lifeguard Hiring

The beach is in need of additional lifeguard staffing for the summer as we only have three comingback from last year. Three applicants are being interviewed. Rate will be $9.00 per hour. Finalapplicant's names will be provided at the Council meeting


The Joint Powers Agreement For Hiring Of Lifeguards has been approved and signed by all threeentities (City, Paynesville Township, and Koronis Lake Association).


Motion to hire as lifeguard(s) at the rate of $9.00 per hour.






Item Number: VI - F

ITEM DESCRIPTION:

Prepared by: Chris

COMMENTS:

Personnel- Liquor Store Clerk Part-Time

Interviews were recently held to create an eligibility list for the Liquor Store Clerk position. Wereceived seven applications. Four applicants were interviewed (one applicant decided to opt out).The liquor store is in need of one clerk now. All reference checks have been completed.

Excerpt from the Policies and Procedures Committee meeting minutes:The City received seven applications and the Committee interviewed four applicants.

Motion was made by Beavers to hire Kayla Loesch and put Tim Bickerstaff and SteveDeadrick on the eligibility list pending reference checks and recommend such to the CityCouncil.



Motion to hire Kayla Loesch at $8.15 per hour with a start date of 5/10/12.






Item Number: VI - G

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Goals & Objectives Meeting

It is time again for another Goals and Objectives Meeting the following are some proposed dates:Tuesday, May 29, 2012 6:00 p.m.Wednesday, May 30, 2012 6:00 p.m.Thursday, May 31,2012 6:00 p.m.

Attached is also the Goals and Objectives List for your review.



Motion to set a Special City Council Goals & Objectives Meeting for at 6:00 p.m.

--------.-

---------

---~-----

Goals Objectives L1s1lngwith Notes After 2-1-12 Meeting

10 priority 51alus Name ___~~ ~ . Currenl Noles as of 5-2-12f:-:-ltcH"ig'Ch, ---/"ln"-'::'pr"O"'gr"es=s_--t.l':'a~ke'cK::o":ro:cn~iso-,R-"e::,cr-"e:,atO_'ioO_'nC;a.c:c1 Trail p #9 _, ~~_~e.7 ?_esign work started Oct 2010; construction 2012. 12/23/11 Awarded DNR grant $250,000.00. 5-2-12 MNDOT is reviewing design before bidding can be done.!"1..0tcH"'ig"'h'__ ---/"ln"-PC'r.,.og"'r..es=s_--t.H"'wv=-'2::3"'B"y..pa::s..s ..pr;-:o~je'Cct'=-~#4.B __ .__ 5-2-1~ Enhancement working with Paul Rasmussen on s;gnage and landscaping. Eckerly working with Rasmussen on ribbon cutting. Date of opening mid-June~3-:-St'HC'lg';'h'------_-1"ln"-P::'r..og..r"es=s--fM-:-"-'PCA=C""le=::a'"n":uP=0I,-,O",ld=G""as Station. #67 .. ~,?..~PCA is planning on installing 19 monitoring well. City is continuing to try to getting excavation.i-"3..6I'H"'lg'"h'___~ -1"'n"-"Pr..og"'r..es=s'___+w'=ast=e..w...a='e::r_"E""xp=a...n...si..on,,--"an_d main lift station- #71 ~2_Design is 90% complete and submitted to PCA to review forthe rescouping. then to bid.1~4::-8I:H,:,ig":h::- -1"ln"-::,pr..o..gr"es=s'__-fPo:'T"o,-,C",0",nv,,,e,"rs,"io",n-;#;c84'"--;;cc _ 5-2-1~City Union Negotiation Team meeting to review tenative Police Agreement & MOU's on PTO for AFSCME & MAPEf-=-3\'-M:::e::d"lu...m"-- -1"ln"-"Pr.,.0.,.gr.,.es__s'__-+c=0...m"'p:::re::h"'e"ns"iv::ec.:P.::la...nc.:R:.::e,,~ie~/Update - #13 ., __~ng on inputting 2010 Census data and then return to Planning Commission for review!-'-7\'-M:::e::d"iu:::m"-- -1"lnc..:..:Pr.,.0.,.gr"es__s'__-+O"'I"'d"A"ir..,po::rt"P::.:r",o..,pe:::.rty,,--,l=an.~ !Js.~ Plan - #26 . ~_Land & lease LLC will be at the May 9,2012 Council meeting to discuss the Option Agreement that expired on May 1,2012. approving1--c1-c-c--c------\------1~~-~--=-cc- _ _ . ._~.!-h Council may take action to approve bids for the street & util!tv workf:1",3r.M'Ce'CdC'iu:::m~ + -tZO'0c:n,,:in=g,o",rdO'ln",a:::n",ceO-'&=A,;:irp",or:!- .zoning & Park land Dedication Review - #10 ..~_~_ Thi,S item wfll be coming back for Council action on May 23, 2P.1;':2-;',~no=W':-:;'h:':a"-l C::-o:':u:':n"cl"lh"a:':s-=-ad"'d"r-=-es::Cse:':d"S::::S:::6,:::O::COO::-t""h-e:::S:-tac-te-w-a-nc-ts-;b-a-ck:-I:-o-rtC7h-e-a:-irp-o-rt"-·I~-n-:d----~2::-4I':M,:,e",:d:;-iu m"-- +--:c -fS'C0o;liCC'il",0":rs:-,o",r",di",na",n",c,,-e-;:c-~#39 --------W?-C!!~f Kortlever has not had an opportunity to work on thisf:3=-3I':M:ce",d~lu m~.,--;-,--:-::-:-+ln"-,::,Pr.,.og",r.,.es::s_--t.V=is::it=in,,,g,"B::u=si",ne..s",se::s_-=#S,-,-4 ._ _,_~ ~_~2 ~~~!.ed Queen Bees & Blessing Well; 1-26-12 visited Hospital _i'03~7f:CC'h"cgC'lr..om""'M"'e::d-"to....H..ig"ht"ln"-::'Pr..Og..r"es=s--+w:""al",e,::rp,-,la",n",I-"R"ep",la",c;:;e::m'O"en_t_- #72 ~_~~~ Summer of 2012 apply to get on the PFA funding list.F4..StcM...e"'d"'iu...m"-- -1"lnc..:..:Pr.,.og"'r..es__s_-+c::r..os':"c.:T::ra"'in"'ln"g",s",la=II,-,#::8",1.,- _ _ ,_~I cross training is done. Continuing to working on Accounts Rec.~ie~vaC'b'Cleo:- ~ ~ _r.2E'l~OW~ t-=- -t;F-"e,;,rc=h-:,e:,-oO':ev:,e"lo,,;p:,-m~e=ntO_'-;,-p~hase 1 - #11 ~~~o~~~h"'ec:F;'-ln';'a~1 ~PI~at~a~p."p~ro:'ve:cd'-Cl~o';-r l~lo"'t;~l-"b...lo::c~k:,oll=.la=k"Oe"A",ve~&=M.~in~n=le~S~t _

4 Low In Progress Industrial Park Expansion - #17 5-2-12 Pay Del Co has meet and is deciding how to plat the landf-C-8t"l..oW~-----F-==..--+'A"ir"'p..o.::.rt'=T'-'ax-"lw"'a'-'y":Ex"'p=a"'n=5ion· ~27 . ~-, _.__~~1Airp~rt CIP h~s thi.S scheduled for 20~3 ~or Environmental Assessment. -~

9 low Develop Airport Plan for Addltonal Private Hangers - #28 _. ~291P no Interest In private hangers at thIS time per Ron Mergen. T_he ALP shows only land for private hangers. ,,_f::2"'S-t;l=0_"W -+ ---t;:-upc;dc;a"'teo-,Kc:e"'n"ne::'"0.;crd,,in"'ao_,n,c,::e - #40 ~--=-l-!-~bj.ef Kortlever will do first quarter 2012 ._____ _34 low Red Flag Policy - Federa I Regulation - #64 ~ __~a..m",p..,le..s ",bu--;,,,n::o,:ts-:,,,,art;,-e,"d~ -,-- -,--_50 low In Progress Phase 2 -Storm Water Management Plan (SWMP) -Implementation 5-2-12 will reapply in 2012 for storm water retention area in Industrial Park -51 Medium In Progress Research contracting for services In all areas of the city for cost savings 1-25-12 Spoke to Springsted and got information; sewer jettJng -

"'S:=2j-'l::0...W -1"N..,e,-.wC'l..oc--1__9c--1.,.1-+2=:O.,.lc.:4"SI:::.re=:e.,.l-'-P..,ro",ie",ct,--c-D=o:.:w,,""town Overlay _._..._~_ Public Works is starting to review project - _~==I-'S.,.3j'H.,ig..hc-- --+'I:.:n..Pr__o"'gr__e=ss:--+U='n~io"'n"n"'e"'g"-01"'ia:.:1::lo,;-ns,-:----;- __. .~~~ City Union Negotiation team reviewing final comments on Tentative agreement with AFSCME Police which Includes PTO policy __ ~"_

f:Sc:4+:M"oe"'dC'iu"m"-- --+:N"e"'wC'2C'-lo:-~12:--+R::'e":c"'on";s""ru-"=;ct'::lo",n""o",1 ",la;::k=-e",Avenue to the bridge .. ~_Wait until Hwy 23 Bypass opens to see traffic flow, Intersection will need to be widen and may need to acquire land from Credit Union to accomplish. _I-'S.,.Sj'M"e__d...iu=m"-- -1"N..,e:::wc-2'-.-1=--...12=---+R:"e"'d"'es"'ig..n"'0::1~C..ou_"n=ty'-R",o..a"'d !.~1 & Hwy 55 Intersection .~ ,_~ DeWolf will report to Public Work Committee on May 9th to possible have MNDOT approval and could possible be added to Opportunity Park ~ _f:S"'6j'H"ig'Ch'-- --+'N"e"'w~2o-,-1=--7'12:----t2=O:=1=:3;'-B"'ud"'g7.e':t =-== ~___ _ 5-2-12 Dep~_rtment Heads will be receiving budget sheets for 2013 budget; going to try to do 3 year projections. __"'SC'-7j'H"ig"h'__ -1"N"e,-.wc-2o_,-1=--.=:12=---+C...ily"--'C"'0..un"'c...ils__G...o..a:::I...&__O...b",ject~ves for City Administrators position ~1_Council had meeting with City Adminlstator on April 11, 2012. Council will present goals for next 3 months to Administrator on May 9, 2012 _58 Medium New 2-1·12 Aesthetics ofthe Community 5-2-12 Eckerly has been working with City Attorney and EDAP on blighted property on Minnie St

f:S=9tcH=ig=h="-------+'N"e,-.w'-'2O-'-1=--...12=---+R"'e"'v"'ie=:w=:p--e::rfo~r"m-"a"'nc~e"E--vac.;luation Forms &Process of Reviewing City Admi~stra!.~~~_2~des & Procedures Committee will review closer to Fall to implement at the beginning of the year for all staff, -______ ---

GO Complete New 2-1-12 FCC.- Emergen~ Siren up~ate ~~-2~L!.ncil ap~roved equ.ipment for sirens. Eckerly contacted Granite Ele~ronlCS and ordered; installation, Sept 2012.. _ ~.~f-'6=1j'H--II.";lh=·-=-----+'N..,e"'wc-2O-'-1=--.=:12:--+R:=e::v:-,e~w:::ac:;II"'Se"rvlces CommIttees &Job Tasks to streamline 2-1-12 Need to review all services to make sure maklnf;!: money. review Committees If possible to combine and ob tasks to see If streamline to reduce workload and increase time in Police De






Item Number: VI - H

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Gazebo Park Sprinkler System

Ron Mergen will give a verbal report.

Two quotes were received for the sprinkler system:Voss Plumbing & Heating $9,515.00Traut $9,660.00

The Park &Tree Board has reviewed this and recommends approval.

Excerpt from the Park & Tree Board Meeting Minutes:It was reported that this has been discussed for several years and that in past years the Cityhas had many mature trees which shades the grass. Also discussed was the splash pad andto have one set of sprinklers set to run off a push button and let kids run through it like a splashpad. Two quotes were received for the sprinkler system:

Voss Plumbing & Heating $9,515.00Traut $9,660.00

Motion was made by Schlangen to approve the quote from Voss Plumbing & Heating toinstall a sprinkler system at Gazebo Park in the amount of $9,515.00 and recommendsuch to the City Council. Seconded by Herzberg and unanimously carried.


The Park Capital Improvement Fund has $239,893.61.


Motion to purchase a sprinkler system for Gazebo Park from Voss Plumbing & Heating in theamount of $9,515.00 with the money to come from Park Capital Improvement.






Item Number: VI-I

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Community Park - BMX Track &Playground Equipment

Ron Mergen will give a verbal report. Please see the attached recycled car tire playgrounddesigns.

Excerpt from the Park & Tree Board Meeting Minutes:BMX Track - It was discussed that the track looks like an eye soar and it should be maintainedor removed. It was noted that the track is utilized and should not be removed unlesssomething else is put in its place. As an option the skate park was discussed, this would beless of a maintenance burden and bikers could use it also. A plan is to be devised to maintainthe track for this year and research the skate park.

Playground Equipment - Members reviewed a number of different options for playgroundequipment, noting the high prices on all of the items. It was suggested to think outside thebox; build a tire swing, climbing device with old tractor tires, etc.

Motion was made by Schlangen to spend up to $5,000.00 on innovative playgroundequipment at the Community Park and recommend such to the City Council. Secondedby Gilmore and unanimously carried.

No action is necessary at this time.



~'10 Amazing Recycled Car Tire Playground designs. IPlayground Ideas

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~ This Playground design was pUllogethet with the idea of creating a large scale Playground thaI was the lowest possible cost. The asumption in this design is thaI ~(1 you have lots of free volunteers and you can source tires for free. fi

This design includes 2 cubbies; a bridge with a gianl cararpillar; an outdoor classroomj amphitheater. with a clock. sundialjcompass. calculator; see saws;swings and a whole lot more!

As with all designs, this is jusl a concepl and you need 10 conform with your local playground and building guidelinesj standards elc and you should gel theadvice oflocal builders and engineers aboul construction and malerials advice.

Category:lJ\'hole Playgrounds

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Item Number: VI - J

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Community Education· Gazebo Park Movie Night

Please review the attached request from Community Education for the use of Gazebo Park onSaturday, AUgust 11,2012 and Saturday, September 22,2012 for Community Movie Under TheStars Events.

They would like to reserve the use of the entire park including the Gazebo, bathrooms, andshelter, have the Gazebo reservation fee of $25.00 waived, be allowed to have CommunityEducation and non-profit groups sell concessions, produce, crafts, and baked goods, and extendthe park closing hours from one half hour past dusk to 11 :00 p.m. for these two events.

Staff will notify the Police Department of such so that they are aware.



Motion to allow Community Education to reserve the use of the entire park including the Gazebo,bathrooms, and shelter, have the Gazebo reservation fee of $25.00 waived, be allowed to haveCommunity Education and non-profit groups sell concessions, produce, crafts, and baked goods,and extend the park closing hours from one half hour past dusk to 11 :00 p.m. for these twoevents.

Paynesvirfe ~rea Pu6uc ScfiooCS'District 741

Paynesvi(fe, Minnesota56362

TODD W. BURLINGAME, SUPT.District Office

217 West Mill St.320-243-3410 ext. 1149

Fax: [email protected]

DAVID E. OEHRLEIN, PRINCIPALElementary SChODI205 West Mill St.

320-243-3725 ext. 1137Fax: 320-243-5458

[email protected]

LORIE J. FLOURA, PRINCIPALSecondary School

795 West Highway 23320-243-3761 ext. 3153


MATTHEW L. DICKHAUSEN, DIRECTORCommunity Education801 West Highway 23

320-243-7570 ext. 2158Fax: 320-243-4534

[email protected]

MAX MEAGHER, ACTIVITIES COORDINATOR795 West Highway 23

320-243-3715 ext. 3156Fax: 320-243-4534

[email protected]

DONNIE MAYERBuilding & Grounds Supervisor

217 West Mill St.320-243-3410 ext. 1164


April 27, 2012

Paynesville City HallAttention: City Administrator/Renee Eckerly221 Washburne AvePaynesville, MN 56362

Paynesville City Council;

I am writing to officially request the use of Paynesville Gazebo Park for theNew Summer "Community Movies under the Stars Events". I would likepermission to use the park, Saturday evenings from 6:00 pm - 11 :00 pm,August 11 & September 22. The movie events will be held from 6:00 pm11 :00 pm with the actual movie starting at dusk.

The August 11 date we plan to show the movie "Cars 2" and host a classiccar cruise in. On September 22nd our plan is to show "Charlotte's Web" andhost a Community Farmers Market. Please see the enclosed flyer for moreinformation on both of these events.

It is my goal through this program to help build "Community" and makePaynesville a "Destination" place for family friendly activities.

Please let me know if you have any questions or if you need anything elsefrom me.

Thank you for your consideration of this request.

~(Jz ~Mr. Matthew L. DickhausenDirectorPaynesville Area Community Education801 West Hwy 23Paynesville, MN 56362320-243-7570

Success 'For ~veryone 'ffirouah QyaUty Learnina

1\1 . C . 'II be a a'labl fo') "hase "

At Paynesville Gazebo Park.@wAugust 11th - 7:00 PM

' .. Star racecar Lightning McQueen, and the incomparable tow truck,Mater, take their friendship to exciting new places when they headoverseas to compete in the fIrst-ever World Grand Prix to deterr"'inethe world's fastest car. But the road to the championship is fillefwith plenty of potholes, detours and hilarious swprises when MiJ.tergets caught up in an intriguing adventure of his own: intemation~ll

espionage. Tom between assisting Lightning McQueen in thehigh-profIle race and towing the line in a top-secret spy mission.Mater's action-packedjoumey leads him on an explosive chasethrough the streets of Japan and Europe, trailed by his friends arAwatched by the whole world. Rated ~1l3 ~nutes

This classic story based on the beloved book by E.B. White brings us thecharming tale of Fern and her young pet pig Wilbur. Just as Wilbur learns ofhis impending fate on the chopping block, he meets a very special spidc inthe bam who begins to weave messages in her web such as "Some Pig,'"Radiant," and "TenifIc." The messages make Wilbur famous and ultimately save his life in this story of friendship and loyalty-Rated G-113 Min:'tes

·Farmers Markel· -6:00-7:30 PM Le(~alProduce, Crafts & Baked Goods. Call Comm. Ed. to becGj.nea Free Vendor at this event.

Family:Activities as a part of this movie event - Family Activities Start at 6:00 PiVl

·Farmers Markel· -Local Produce, Crafts & Baked Goods For Sa£';-Call 243-7570 if you would like to be a Free Vendor

Movie Starts at Dusk (113 Minute Movie)Don't forget your Blankets and Lawn Chairs

IJ

Family-Activities as a part of this movie event - Family Activities Start at 7:00 PM·CI8551c: Car Cruise In" - (There will be a separate area blocked off for classic cars)

Come and Climb on a "Paynesville Fire Truck"Movie Starts at Dusk (113 Minute Movie)

Don'l forllet your Blankets and lawn Chairs

.. II Harvest Community Ftativall"September 22nd - 6:00 PM

/ :

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Page 18






Item Number: VI - K

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Site Permit - Larry Kern

Please review the attached Site Permit Application to move a 20x32 portable shed on his lot. TheJoint Planning Board has reviewed this and recommends approval.



Motion to approve the Larry Kern Site Permit in Paynesville Township.

/I

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-+---=-~~...........__7. Section. Is:

~~:DseNmnber..",._~ ~ Te1ephone# -.__~

lLI..m~dJ.jt2g·~yO12.LotArea:¥~o~ p . .

. . I

·.•••.I:DUNTYITOWNSIIIPiFoRC6NsTRumON·SITE PERMIT"ifM~Services .

·700 CmJiI'i'j ...AaiDir~ ~Room~ Sl Cloud. MN 56303

....... ii 13dt1~2.FaX(320)~~A12r~CORRESPONDING.NUMBERFOR EXPLANAllON$***.--- : ..'.""""::::.. --:".: ;;:,,::::.:.,.,:::;.-,",.',.<:.;c·::",·;·::··.·:·:···, ",'".... • _.... .-' ;: : .

);fttlf"P.Y lte#-';, 2 TeIephtlB&NUmber::J;J.o ':'¢S-ez--.S-t¥rctJ" .. '7· /Ve;,.. t-k. f,; 0 t- . . . . '.

.. detached •

YesINo

:=:.,=: ===.. '-1 .it.;_ I -42 'PIli~\WiII Disturb MoteThanOneAa!f435;~ 11)1 _ IV ~ ..:===--=--=--=--=--=--_-

-ANY PROJECT cHANCH:S MADEAFTER REcEMNG YOUR PERMlTMUSTBe~ENTEDON 11IEoRiGINAL PERMIT ORAFTER-THE-FACTFEES MAY APPLY.

. .

43 ForAgricultural COnsInK:fioft..1hisstroclUl8 ts intended to houseIiveslock. including, .horses, a feedlot permitsbaltlJel8qllled 8CCOIdinQ to 8ecIIon 6.7.4 ofthe

$eams CountY Zoning ominance (#209).

44. For Non-AgricuItura COnstructioninAgriculturally zoned Areas-lftbisnon-agricUlturalstruetwe is to be conslnK:ledwithiri an agriculturally zoned area. iiis.impOItant tot8aIize that at times" tbere. maybe:.rfrom livestockoperatiofei~manwe applications;~ from faJm equipment; and-occasional soil, mud, orlll8l1Ui'e~ on lOads~uttbe· • ........n'~.... year:

t~~~~1lUs be consideled a complete appIicaliIR.~tbe apprlCaDt has staked

thesile. tncornpIete appfn:ationsshalh$(W.* (6) months from thedateof/Itistberesponsibility ofthe applicarit~iJbtaiRany other IleC8SS$ry~ .. .p. Signature 'ofthisappIication~EnvironmentaJ':.senn i. the .'. tty' to ..-rEormneeded~ I:fthv... ............. ...... upon prope ......' ...~ _OU~

maybe . .11otice.

blL-46 Township Approval

be required priOr to SteamsCoy revieWing permit application.

.11- Z3-/z.,.Date

47 SotidWaste·Oisposa[·.·Ran\- ""'-__'"""--=--------48 PaIklandDE!dication due.

FEE: {ffON-REFUNDABLE)

Receipt.Number: _




Agenda Section: Old Business


Item Number: VII-A

ITEM DESCRIPTION: G.O. Improvement Crossover Refunding Bonds, Series 2012A

Prepared by: Staff

COMMENTS:

Monte Eastvold, Northland Securities, Inc. will be in attendance to present the Bond.

Please review the attached Resolution 2012-18 Accepting Proposal On The Negotiated Sale of$420,000.00 General Obligation Improvement Crossover Refunding Bonds, Series 2012A,Pledging Special Assessments For The Security Thereof And Levying A Tax For the PaymentThereof.



Motion to approve Resolution 2012-18 Accepting Proposal On The Negotiated Sale of$420,000.00 General Obligation Improvement Crossover Refunding Bonds, Series 2012A,Pledging Special Assessments For The Security Thereof And Levying A Tax For the PaymentThereof.

EXTRACT OF MINUTES OF A MEETINGOF THE CITY COUNCIL

CITY OF PAYNESVILLE, MINNESOTA

HELD: May 9, 2012

Pursuant to due call and notice thereof, a regular or special meeting of the City Councilof the City of Paynesville, Stearns County, Minnesota, was duly called and held at the City Hallon May 9, 2012, at 6:00 P.M., for the purpose, in part, of authorizing the issuance and awardingthe sale of $420,000 General Obligation Improvement Crossover Refunding Bonds, Series2012A.

The following members were present:

and the following were absent:

Member introduced the following resolution and moved its adoption:20 I 'L- - I<i?

RESOLUTION ACCEPTING PROPOSAL ON THE NEGOTIATED SALE OF $420,000GENERAL OBLIGATION IMPROVEMENT CROSSOVER REFUNDING BONDS, SERIES

2012A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF ANDLEVYING A TAX FOR THE PAYMENT THEREOF

A. WHEREAS, the City Council ofthe City of Paynesville, Minnesota (the "City"),hereby determines and declares that it is necessary and expedient to provide moneys for acrossover refunding of the City's $1,140,000 original principal amount of General ObligationImprovement Bonds, Series 2006A, dated March 1, 2006 (the "Prior Bonds"), which mature onand after December 1, 2014; and

B. WHEREAS, $690,000 aggregate principal amount of the Prior Bonds whichmatures or is subject to mandatory redemption on and after December 1,2014 (the "RefundedBonds"), is callable on December 1,2013 (the "Crossover Date"), at a price of par plus accruedinterest, as provided in the resolution adopted on February 22, 2006, authorizing the issuance ofthe Prior Bonds (the "Prior Resolution"); and

C. WHEREAS, the refunding of the Refunded Bonds is consistent with covenantsmade with the holders thereof, and is necessary and desirable for the reduction of debt servicecost to the City; and

D. WHEREAS, the City Council hereby determines and declares that it is necessaryand expedient to issue $420,000 General Obligation Improvement Crossover Refunding Bonds,Series 2012A (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter475, to provide moneys for a crossover refunding of the Refunded Bonds; and

E. WHEREAS, as permitted by Minnesota Statutes, Section 475.60, Subdivision2(5), the public sale requirements do not apply to the Bonds; and

4589505vl

F. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Paynesville,Minnesota, as follows:

1. Acceptance of Offer. The offer ofNorthland Securities, Inc. (the "Purchaser"), topurchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth,and to pay therefor the sum of $ , plus interest accrued to settlement, is herebyaccepted.

2. Bond Terms.

(a) Original Issue Date; Denominations; Maturities. The Bonds shall dated June 1,2012, as the date of original issue, shall be issued forthwith on or after such date in fullyregistered form, shall be numbered from R-l upward in the denomination of $5,000 each or inany integral multiple thereof of a single maturity (the "Authorized Denominations") and shallmature on December 1 in the years and amounts as follows:

201420152016

Amount

$80,00085,00085,000

20172018

Amount

$85,00085,000

As may be requested by the Purchaser, one or more term Bonds may be issued havingmandatory sinking fund redemption and final maturity amounts conforming to the foregoingprincipal repayment schedule, and corresponding additions may be made to the provisions of theapplicable Bond(s).

(b) Book Entry Only System. The Depository Trust Company, a limited purposetrust company organized under the laws ofthe State ofNew York or any of its successors or itssuccessors to its functions hereunder (the "Depository") will act as securities depository for theBonds, and to this end:

(i) The Bonds shall be initially issued and, so long as they remain in bookentry form only (the "Book Entry Only Period"), shall at all times be in the form of aseparate single fully registered Bond for each maturity of the Bonds; and for purposes ofcomplying with this requirement under paragraphs 5 and 10 Authorized Denominationsfor any Bond shall be deemed to be limited during the Book Entry Only Period to theoutstanding principal amount of that Bond.

(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bondregister maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE& CO., as the nominee (it or any nominee of the existing or a successor Depository, the"Nominee").

24589505vl

(iii) With respect to the Bonds neither the City nor the Bond Registrar shallhave any responsibility or obligation to any broker, dealer, bank, or any other financialinstitution for which the Depository holds Bonds as securities depository (the"Participant") or the person for which a Participant holds an interest in the Bonds shownon the books and records of the Participant (the "Beneficial Owner"). Without limitingthe immediately preceding sentence, neither the City, nor the Bond Registrar, shall haveany such responsibility or obligation with respect to (A) the accuracy of the records of theDepository, the Nominee or any Participant with respect to any ownership interest in theBonds, or (B) the delivery to any Participant, any Owner or any other person, other thanthe Depository, of any notice with respect to the Bonds, including any notice ofredemption, or (C) the payment to any Participant, any Beneficial Owner or any otherperson, other than the Depository, of any amount with respect to the principal of orpremium, if any, or interest on the Bonds, or (D) the consent given or other action takenby the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes ofsecuring the vote or consent of any Holder under this Resolution, the City may, however,rely upon an omnibus proxy under which the Depository assigns its consenting or votingrights to certain Participants to whose accounts the Bonds are credited on the record dateidentified in a listing attached to the omnibus proxy.

(iv) The City and the Bond Registrar may treat as and deem the Depository tobe the absolute owner of the Bonds for the purpose of payment of the principal of andpremium, if any, and interest on the Bonds, for the purpose of giving notices ofredemption and other matters with respect to the Bonds, for the purpose of obtaining anyconsent or other action to be taken by Holders for the purpose of registering transferswith respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, aspaying agent hereunder, shall pay all principal of and premium, if any, and interest on theBonds only to the Holder or the Holders of the Bonds as shown on the bond register, andall such payments shall be valid and effective to fully satisfy and discharge the City'sobligations with respect to the principal of and premium, if any, and interest on the Bondsto the extent of the sum or sums so paid.

(v) Upon delivery by the Depository to the Bond Registrar of written notice tothe effect that the Depository has determined to substitute a new Nominee in place of theexisting Nominee, and subject to the transfer provisions in paragraph 10, references to theNominee hereunder shall refer to such new Nominee.

(vi) So long as any Bond is registered in the name of a Nominee, all paymentswith respect to the principal of and premium, if any, and interest on such Bond and allnotices with respect to such Bond shall be made and given, respectively, by the BondRegistrar or City, as the case may be, to the Depository as provided in the Letter ofRepresentations to the Depository required by the Depository as a condition to its actingas book-entry Depository for the Bonds (said Letter of Representations, together with anyreplacement thereof or amendment or substitute thereto, including any standardprocedures or policies referenced therein or applicable thereto respecting the proceduresand other matters relating to the Depository's role as book-entry Depository for theBonds, collectively hereinafter referred to as the "Letter of Representations").

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(vii) All transfers of beneficial ownership interests in each Bond issued inbook-entry form shall be limited in principal amount to Authorized Denominations andshall be effected by procedures by the Depository with the Participants for recording andtransferring the ownership of beneficial interests in such Bonds.

(viii) In connection with any notice or other communication to be provided tothe Holders pursuant to this Resolution by the City or Bond Registrar with respect to anyconsent or other action to be taken by Holders, the Depository shall consider the date ofreceipt of notice requesting such consent or other action as the record date for suchconsent or other action; provided, that the City or the Bond Registrar may establish aspecial record date for such consent or other action. The City or the Bond Registrar shall,to the extent possible, give the Depository notice of such special record date not less than15 calendar days in advance of such special record date to the extent possible.

(ix) Any successor Bond Registrar in its written acceptance of its duties underthis Resolution and any paying agencylbond registrar agreement, shall agree to take anyactions necessary from time to time to comply with the requirements of the Letter ofRepresentations.

(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu ofsurrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5hereof, make a notation of the reduction in principal amount on the panel provided on theBond stating the amount so redeemed.

(c) Termination of Book-Entry Only System. Discontinuance of a particularDepository's services and termination of the book-entry only system may be effected as follows:

(i) The Depository may determine to discontinue providing its services withrespect to the Bonds at any time by giving written notice to the City and discharging itsresponsibilities with respect thereto under applicable law. The City may terminate theservices of the Depository with respect to the Bond if it determines that the Depository isno longer able to carry out its functions as securities depository or the continuation of thesystem of book-entry transfers through the Depository is not in the best interests of theCity or the Beneficial Owners.

(ii) Upon termination of the services ofthe Depository as provided in thepreceding paragraph, and if no substitute securities depository is willing to undertake thefunctions of the Depository hereunder can be found which, in the opinion of the City, iswilling and able to assume such functions upon reasonable or customary terms, or if theCity determines that it is in the best interests of the City or the Beneficial Owners of theBond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bondsshall no longer be registered as being registered in the bond register in the name of theNominee, but may be registered in whatever name or names the Holder of the Bondsshall designate at that time, in accordance with paragraph 10. To the extent that theBeneficial Owners are designated as the transferee by the Holders, in accordance withparagraph 10, the Bonds will be delivered to the Beneficial Owners.

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(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions ofparagraph 10.

(d) Letter of Representations. The provisions in the Letter of Representations areincorporated herein by reference and made a part of the resolution, and if and to the extent anysuch provisions are inconsistent with the other provisions of this resolution, the provisions in theLetter of Representations shall control.

3. Purpose; Refunding Findings. The Bonds shall provide funds for a crossoverrefunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declaredthat the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as ofthe Crossover Date, shall result in a reduction of the present value of the dollar amount of thedebt service to the City from a total dollar amount of $ for the Prior Bondsto a total dollar amount of $ for the Bonds computed in accordance with theprovisions of Minnesota Statutes, Section 475.67, Subdivision 12, and accordingly the dollaramount of such present value of the debt service for the Bonds is lower by at least three percentthan the dollar amount of such present value of the debt service for the Prior Bonds, as requiredin Minnesota Statutes, Section 475.67, Subdivision 12.

4. Interest. The Bonds shall bear interest payable semiannually on June 1 andDecember 1 of each year (each, an "Interest Payment Date"), commencing December 1, 2012,calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates perannum set forth opposite the maturity years as follows:

Maturity Year

201420152016

Interest Rate Maturity Year

20172018

Interest Rate

5. No Optional Redemption. The Bonds shall not be subject to redemption andprepayment prior to their stated maturity dates.

6. Bond Registrar. Northland Trust Services, Inc., in Minneapolis, Minnesota, isappointed to act as bond registrar and transfer agent with respect to the Bonds (the "BondRegistrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, allpursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.The Bond Registrar shall also serve as paying agent unless and until a successor paying agent isduly appointed. Principal and interest on the Bonds shall be paid to the registered holders (orrecord holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12.

7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate ofAuthentication, the form of Assignment and the registration information thereon, shall be insubstantially the following form:

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UNITED STATES OF AMERICASTATE OF MINNESOTA

STEARNS COUNTYCITY OF PAYNESVILLE

R-----

GENERAL OBLIGATION IMPROVEMENT CROSSOVERREFUNDING BOND, SERIES 2012A

$----

Interest Rate Maturity Date

December 1,

REGISTERED OWNER: CEDE & CO.

PRINCIPAL AMOUNT:

Date of Original Issue

June 1,2012

CUSIP

The City of Paynesville, Stearns County, Minnesota (the "Issuer"), certifies that it isindebted and for value received promises to pay to the registered owner specified above, orregistered assigns, in the manner hereinafter set forth, the principal amount specified above, onthe maturity date specified above, without option of prior redemption, and to pay interest thereonsemiannually on June I and December 1 of each year (each, an "Interest Payment Date"),commencing December 1,2012, at the rate per annum specified above (calculated on the basis ofa 360-day year of twelve 3D-day months) until the principal sum is paid or has been provided for.This Bond will bear interest from the most recent Interest Payment Date to which interest hasbeen paid or, if no interest has been paid, from the date of original issue hereof. The principal ofand premium, if any, on this Bond are payable upon presentation and surrender hereof at theprincipal office ofNorthland Trust Services, Inc., in Minneapolis, Minnesota (the "BondRegistrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer.Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to theperson in whose name this Bond is registered (the "Holder" or "Bondholder") on the registrationbooks of the Issuer maintained by the Bond Registrar and at the address appearing thereon at theclose of business on the fifteenth day of the calendar month next preceding such InterestPayment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to bepayable to the person who is the Holder hereof as of the Regular Record Date, and shall bepayable to the person who is the Holder hereof at the close of business on a date (the "SpecialRecord Date") fixed by the Bond Registrar whenever money becomes available for payment ofthe defaulted interest. Notice of the Special Record Date shall be given to Bondholders not lessthan ten days prior to the Special Record Date. The principal of and premium, if any, andinterest on this Bond are payable in lawful money of the United States of America. So long asthis Bond is registered in the name of the Depository or its Nominee as provided in theResolution hereinafter described, and as those terms are defined therein, payment of principal of,premium, if any, and interest on this Bond and notice with respect thereto shall be made asprovided in the Letter of Representations, as defined in the Resolution, and surrender of thisBond shall not be required for payment of the redemption price upon a partial redemption of thisBond. Until termination of the book-entry only system pursuant to the Resolution, Bonds mayonly be registered in the name of the Depository or its Nominee.

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No Optional Redemption. All Bonds of this issue (the "Bonds") shall not be subject toredemption and prepayment prior to their stated maturity dates.

Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principalamount of $420,000, all oflike date of original issue and tenor, except as to number, maturity,interest rate, denomination and redemption privilege, issued pursuant to and in full conformitywith the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted bythe City Council on May 9, 2012 (the "Resolution"), for the purpose of providing fundssufficient for a crossover refunding on December 1, 2013, of the Issuer's General ObligationImprovement Bonds, Series 2006A, dated March 1, 2006, which mature on and after December1,2014. This Bond is payable out of the Escrow Account and the Debt Service Account. ThisBond constitutes a general obligation of the Issuer, and to provide moneys for the prompt andfull payment of its principal, premium, if any, and interest when the same become due, the fullfaith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.

Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registeredform in Authorized Denominations (as defined in the Resolution) and are exchangeable for fullyregistered Bonds of other Authorized Denominations in equal aggregate principal amounts at theprincipal office ofthe Bond Registrar, but only in the manner and subject to the limitationsprovided in the Resolution. Reference is hereby made to the Resolution for a description of therights and duties of the Bond Registrar. Copies of the Resolution are on file in the principaloffice of the Bond Registrar.

Transfer. This Bond is transferable by the Holder in person or by the Holder's attorneyduly authorized in writing at the principal office of the Bond Registrar upon presentation andsurrender hereof to the Bond Registrar, all subject to the terms and conditions provided in theResolution and to reasonable regulations of the Issuer contained in any agreement with the BondRegistrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate anddeliver, in exchange for this Bond, one or more new fully registered Bonds in the name of thetransferee (but not registered in blank or to "bearer" or similar designation), of an AuthorizedDenomination or Denominations, in aggregate principal amount equal to the principal amount ofthis Bond, of the same maturity and bearing interest at the same rate.

Fees upon Transfer or Loss. The Bond Registrar may require payment of a sumsufficient to cover any tax or other governmental charge payable in connection with the transferor exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.

Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person inwhose name this Bond is registered as the owner hereof for the purpose of receiving payment asherein provided and for all other purposes, whether or not this Bond shall be overdue, and neitherthe Issuer nor the Bond Registrar shall be affected by notice to the contrary.

Authentication. This Bond shall not be valid or become obligatory for any purpose or beentitled to any security unless the Certificate of Authentication hereon shall have been executedby the Bond Registrar.

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Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a"qualified tax-exempt obligation" for purposes of Section 265(b)(3) ofthe Internal RevenueCode of 1986, as amended.

IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and thingsrequired by the Constitution and laws of the State of Minnesota to be done, to happen and to beperformed, precedent to and in the issuance of this Bond, have been done, have happened andhave been performed, in regular and due form, time and manner as required by law, and that thisBond, together with all other debts of the Issuer outstanding on the date of original issue hereofand the date of its issuance and delivery to the original purchaser, does not exceed anyconstitutional or statutory limitation of indebtedness.

IN WITNESS WHEREOF, the City of Paynesville, Stearns County, Minnesota, by itsCity Council has caused this Bond to be executed on its behalf by the facsimile signatures of itsMayor and its Administrator, the corporate seal of the Issuer having been intentionally omitted aspermitted by law.

Date of Registration:

BOND REGISTRAR'SCERTIFICATE OFAUTHENTICAnON

This Bond is one of the Bondsdescribed in the Resolutionmentioned within.

Northland Trust Services, Inc.Minneapolis, MinnesotaBond Registrar

By _Authorized Signature

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Registrable by: NORTHLAND TRUST SERVICES,INC.

Payable at: NORTHLAND TRUST SERVICES,INC.

CITY OF PAYNESVILLE,STEARNS COUNTY, MINNESOTA

/s/ FacsimileMayor

/s/ FacsimileAdministrator

8

ABBREVIATIONS

The following abbreviations, when used in the inscription on the face of this Bond, shallbe construed as though they were written out in full according to applicable laws or regulations:

TEN COM - as tenants in commonTEN ENT - as tenants by the entiretiesJT TEN - as joint tenants with right of survivorship and not as tenants in commonUTMA - as custodian for _

(Cust) (Minor)under the Uniform Transfers to Minors Act----------

(State)

Additional abbreviations may also be used though not in the above list.

ASSIGNMENT

For value received, the undersigned hereby sells, assigns and transfers unto thewithin Bond and does hereby irrevocably constitute and appoint attorney to transferthe Bond on the books kept for the registration thereof, with full power of substitution in thepremises.

Dated:-----

Signature Guaranteed:

Notice: The assignor's signature to this assignment mustcorrespond with the name as it appears upon theface of the within Bond in every particular, withoutalteration or any change whatever.

Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firmhaving a membership in one of the major stock exchanges or any other "Eligible GuarantorInstitution" as defined in 17 CFR 240.17 Ad-15(a)(2).

The Bond Registrar will not effect transfer of this Bond unless the information concerning thetransferee requested below is provided.

Name and Address:

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8. Execution; Temporary Bonds. The Bonds shall be in typewritten form, shall beexecuted on behalf of the City by the signatures of its Mayor and Administrator and be sealedwith the seal of the City; provided, as permitted by law, both signatures may be photocopiedfacsimiles and the corporate seal has been omitted. In the event of disability or resignation orother absence of either officer, the Bonds may be signed by the manual or facsimile signature ofthe officer who may act on behalf of the absent or disabled officer. In case either officer whosesignature or facsimile of whose signature shall appear on the Bonds shall cease to be such officerbefore the delivery of the Bonds, the signature or facsimile shall nevertheless be valid andsufficient for all purposes, the same as ifthe officer had remained in office until delivery.

9. Authentication. No Bond shall be valid or obligatory for any purpose or beentitled to any security or benefit under this resolution unless a Certificate of Authentication onsuch Bond, substantially in the form hereinabove set forth, shall have been duly executed by anauthorized representative of the Bond Registrar. Certificates of Authentication on differentBonds need not be signed by the same person. The Bond Registrar shall authenticate thesignatures of officers of the City on each Bond by execution ofthe Certificate of Authenticationon the Bond and by inserting as the date of registration in the space provided the date on whichthe Bond is authenticated, except that for purposes of delivering the original Bonds to thePurchaser, the Bond Registrar shall insert as a date of registration the date of original issue ofJune 1,2012. The Certificate of Authentication so executed on each Bond shall be conclusiveevidence that it has been authenticated and delivered under this resolution.

10. Registration; Transfer; Exchange. The City will cause to be kept at the principaloffice of the Bond Registrar a bond register in which, subject to such reasonable regulations asthe Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bondsand the registration of transfers of Bonds entitled to be registered or transferred as hereinprovided.

Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, theCity shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date ofregistration (as provided in paragraph 9) of, and deliver, in the name of the designated transfereeor transferees, one or more new Bonds of any Authorized Denomination or Denominations of alike aggregate principal amount, having the same stated maturity and interest rate, as requestedby the transferor; provided, however, that no Bond may be registered in blank or in the name of"bearer" or similar designation.

At the option of the Holder, Bonds may be exchanged for Bonds of any AuthorizedDenomination or Denominations of a like aggregate principal amount and stated maturity, uponsurrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Wheneverany Bonds are so surrendered for exchange, the City shall execute (if necessary), and the BondRegistrar shall authenticate, insert the date of registration of, and deliver the Bonds which theHolder making the exchange is entitled to receive.

All Bonds surrendered upon any exchange or transfer provided for in this resolution shallbe promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.

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All Bonds delivered in exchange for or upon transfer of Bonds shall be valid generalobligations of the City evidencing the same debt, and entitled to the same benefits under thisresolution, as the Bonds surrendered for such exchange or transfer.

Every Bond presented or surrendered for transfer or exchange shall be duly endorsed orbe accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,duly executed by the Holder thereof or his, her or its attorney duly authorized in writing.

The Bond Registrar may require payment of a sum sufficient to cover any tax or othergovernmental charge payable in connection with the transfer or exchange of any Bond and anylegal or unusual costs regarding transfers and lost Bonds.

Transfers shall also be subject to reasonable regulations of the City contained in anyagreement with the Bond Registrar, including regulations which permit the Bond Registrar toclose its transfer books between record dates and payment dates. The Administrator is herebyauthorized to negotiate and execute the terms of said agreement.

11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or inexchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,and to accrue, which were carried by such other Bond.

12. Interest Payment; Record Date. Interest on any Bond shall be paid on eachInterest Payment Date by check or draft mailed to the person in whose name the Bond isregistered (the "Holder") on the registration books of the City maintained by the Bond Registrarand at the address appearing thereon at the close of business on the fifteenth day of the calendarmonth next preceding such Interest Payment Date (the "Regular Record Date"). Any suchinterest not so timely paid shall cease to be payable to the person who is the Holder thereof as ofthe Regular Record Date, and shall be payable to the person who is the Holder thereof at theclose of business on a date (the "Special Record Date") fixed by the Bond Registrar whenevermoney becomes available for payment of the defaulted interest. Notice of the Special RecordDate shall be given by the Bond Registrar to the Holders not less than ten days prior to theSpecial Record Date.

13. Treatment of Registered Owner. The City and Bond Registrar may treat theperson in whose name any Bond is registered as the owner of such Bond for the purpose ofreceiving payment of principal of and premium, if any, and interest (subject to the paymentprovisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or notsuch Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected bynotice to the contrary.

14. Delivery; Application of Proceeds. The Bonds when so prepared and executedshall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, andthe Purchaser shall not be obliged to see to the proper application thereof.

15. Fund and Accounts. There is hereby created a special fund designated theGeneral Obligation Improvement Crossover Refunding Bonds, Series 2012A Fund (the "Fund"),to be administered and maintained by the Administrator as a bookkeeping account separate andapart from all other funds maintained in the official financial records of the City. The fund shall

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be maintained in the manner herein specified until the Bonds and the interest thereon shall havebeen fully paid. In such records there shall be established and maintained the following separateaccounts, for the purposes as follows:

(a) Escrow Account. The Escrow Account shall be maintained as an escrow accountwith Northland Trust Services, Inc. (the "Escrow Agent"), in Minneapolis, Minnesota, which is asuitable financial institution within or without the State. $ in proceeds of thesale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Accountor to pay costs of issuing the Bonds. Proceeds of the Bonds, less proceeds used to pay costs ofissuance and any proceeds returned to the City, are hereby irrevocably pledged and appropriatedto the Escrow Account, together with all investment earnings thereon. The Escrow Accountshall be invested in securities maturing or callable at the option of the holder on such dates andbearing interest at such rates as shall be required to provide sufficient funds, together with anycash or other funds retained in the Escrow Account, to pay when due the interest to accrue on theBonds to and including the Crossover Date and to pay when called for redemption on theCrossover Date, the principal amount of the Refunded Bonds. The Escrow Account shall beirrevocably appropriated to the payment of all interest on the Bonds to and including theCrossover Date and the principal of the Refunded Bonds due by reason of their call forredemption on the Crossover Date. The moneys in the Escrow Account shall be used solely forthe purposes herein set forth and for no other purpose, except that any surplus in the EscrowAccount may be remitted to the City, all in accordance with an agreement (the "EscrowAgreement") by and between the City and Escrow Agent, a form of which agreement is on file inthe office of the Administrator. Any moneys remitted to the City pursuant to the EscrowAgreement shall be deposited in the Debt Service Account.

(b) Debt Service Account. To the Debt Service Account there is hereby pledged andirrevocably appropriated and there shall be credited: (i) after the Crossover Date, all uncollectedspecial assessments pledged to the payment of the Prior Bonds; (ii) any collections of all taxesheretofore levied for the payment of the Prior Bonds and interest thereon which are not needed topay the Prior Bonds as a result of the Refunding and any taxes herein levied for the payment ofthe Bonds; (iii) any sums remitted to the City pursuant to the Escrow Agreement; (iv) allinvestment earnings on funds in the Debt Service Account; and (v) any and all other moneyswhich are properly available and are appropriated by the governing body of the City to the DebtService Account. The amount of any surplus remaining in the Debt Service Account when theBonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay theprincipal of and interest on the Bonds or any other bonds hereafter issued and made payable fromthe Fund.

No portion of the proceeds of the Bonds shall be used directly or indirectly to acquirehigher yielding investments or to replace funds which were used directly or indirectly to acquirehigher yielding investments, except (a) for a reasonable temporary period until such proceeds areneeded for the purpose for which the Bonds were issued, and (b) in addition to the above, in anamount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. Tothis effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or anyother City account which will be used to pay principal and interest to become due on the Bonds)in excess of amounts which under the applicable federal arbitrage regulations may be invested

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without regard as to yield shall not be invested in excess of the applicable yield restrictionsimposed by the arbitrage regulations on such investments after taking into account anyapplicable "temporary periods" or "minor portion" made available under the federal arbitrageregulations. In addition, the proceeds of the Bonds and money in the Fund shall not be investedin obligations or deposits issued by, guaranteed by or insured by the United States or any agencyor instrumentality thereof if and to the extent that such investment would cause the Bonds to be"federally guaranteed" within the meaning of Section 149(b) of the federal Internal RevenueCode of 1986, as amended (the "Code").

16. Special Assessments. The City has heretofore levied special assessmentspursuant to the Prior Resolution, which were pledged to the payment of the principal and intereston the Prior Bonds and, after the Crossover Date, the uncollected special assessments for thePrior Bonds are now pledged to the payment of principal and interest on the Bonds. The specialassessments are such that if collected in full they, together with estimated collections of otherrevenues pledged for the payment of the Bonds, will produce at least five percent in excess of theamount needed to meet when due the principal and interest payments on the Bonds. The specialassessments were levied as provided below, payable in equal, consecutive, annual installments,with general taxes for the years shown below and with interest on the declining balance of allsuch assessments at the rate shown opposite such years:

Improvement Designations Amount

2006 Street Improvement Project $455,968.05

Rate

5.50%

Collection Years

2007-2021

17. Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To providemoneys for payment of the principal and interest on the Bonds there is hereby levied upon all ofthe taxable property in the City a direct annual ad valorem tax which shall be spread upon the taxrolls and collected with and as part of other general property taxes in the City for the years and inthe amounts as follows:

Levy Years Collection Years

See attached schedule

Amount

The tax levies are such that if collected in full they, together with estimated collections ofspecial assessments and any other revenues herein pledged for the payment of the Bonds andsums held in the Escrow Account, will produce at least five percent in excess of the amountneeded to meet when due the principal and interest payments on the Bonds. The tax levies shallbe irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the Cityreserves the right and power to reduce the levies in the manner and to the extent permitted byMinnesota Statutes, Section 475.61, Subdivision 3.

Upon payment of the Prior Bonds, the uncollected taxes levied in the Prior Resolutionsauthorizing the issuance of the Prior Bonds which are not needed to pay the Prior Bonds as aresult of the Refunding shall be canceled.

18. General Obligation Pledge. For the prompt and full payment of the principal ofand interest on the Bonds as the same respectively become due, the full faith, credit and taxing

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powers of the City shall be and are hereby irrevocably pledged. If the balance in the DebtService Account is ever insufficient to pay all principal and interest then due on the Bondspayable therefrom, the deficiency shall be promptly paid out of any other accounts of the Citywhich are available for such purpose, and such other funds may be reimbursed without interestfrom the Debt Service Account when a sufficient balance is available therein.

19. Securities; Escrow Agent. Securities purchased from moneys in the EscrowAccount shall be limited to securities set forth in Minnesota Statutes, Section 475.67,Subdivision 8, and any amendments or supplements thereto. Securities purchased from theEscrow Account shall be purchased simultaneously with the delivery ofthe Bonds. The CityCouncil has investigated the facts and hereby finds and determines that the Escrow Agent is asuitable financial institution to act as escrow agent.

20. Escrow Agreement. On or prior to the delivery of the Bonds the Mayor andAdministrator shall, and are hereby authorized and directed to, execute on behalf of the City anEscrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part ofthis resolution, and the City covenants that it will promptly enforce all provisions thereof in theevent of default thereunder by the Escrow Agent.

21. Purchase of SLGS or Open Market Securities. The Escrow Agent, as agent forthe City, is hereby authorized and directed to purchase on behalf of the Council and in its namethe appropriate United States Treasury Securities, State and Local Government Series and/oropen market securities as provided in paragraph 18, from the proceeds of the Bonds and, to theextent necessary, other available funds, all in accordance with the provisions of this resolutionand the Escrow Agreement and to execute all such documents (including the appropriatesubscription form) required to effect such purchase in accordance with the applicable U.S.Treasury Regulations.

22. Redemption of Prior Bonds. The Prior Bonds shall be redeemed and prepaid inaccordance with the terms and conditions set forth in the Notice of Call for Redemption, in theform attached to the Escrow Agreement, which terms and conditions are hereby approved andincorporated herein by reference. The Notice of Call for Redemption shall be given pursuant tothe Escrow Agreement.

23. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisionstheretofore made for the security thereof shall be observed by the City and all of its officers andagents.

24. Supplemental Resolution. The Prior Resolution is hereby supplemented to theextent necessary to give effect to the provisions of this resolution.

25. Defeasance. When all Bonds have been discharged as provided in this paragraph,all pledges, covenants and other rights granted by this resolution to the registered holders of theBonds shall, to the extent permitted by law, cease. The City may discharge its obligations withrespect to any Bonds which are due on any date by irrevocably depositing with the BondRegistrar on or before that date a sum sufficient for the payment thereof in full; or if any Bondshould not be paid when due, it may nevertheless be discharged by depositing with the Bond

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Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of suchdeposit. The City may also at any time discharge its obligations with respect to any Bonds~

subject to the provisions of law now or hereafter authorizing and regulating such action, bydepositing irrevocably in escrow, with a suitable banking institution qualified by law as anescrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67,Subdivision 8, bearing interest payable at such times and at such rates and maturing on suchdates as shall be required, without regard to sale and/or reinvestment, to pay all amounts tobecome due thereon to maturity or, if notice of redemption as herein required has been dulyprovided for, to such earlier redemption date.

26. Certificate of Registration. The Administrator is hereby directed to file a certifiedcopy of this resolution with the County Auditor of Stearns County, Minnesota, together withsuch other information as the County Auditor shall require, and to obtain the County Auditor'sCertificate that the Bonds have been entered in the County Auditor's Bond Register and that thetax levy required by law has been made.

27. Records and Certificates. The officers ofthe City are hereby authorized anddirected to prepare and furnish to the Purchaser, and to the attorneys approving the legality oftheissuance of the Bonds, certified copies of all proceedings and records of the City relating to theBonds and to the financial condition and affairs of the City, and such other affidavits, certificatesand information as are required to show the facts relating to the legality and marketability of theBonds as the same appear from the books and records under their custody and control or asotherwise known to them, and all such certified copies, certificates and affidavits, including anyheretofore furnished, shall be deemed representations of the City as to the facts recited therein.

28. Negative Covenant as to Use of Proceeds and Project. The City hereby covenantsnot to use the proceeds of the Bonds or to use the Project financed by the Prior Bonds, or tocause or permit them to be used, or to enter into any deferred payment arrangements for the costof the Project, in such a manner as to cause the Bonds to be "private activity bonds" within themeaning of Sections 103 and 141 through 150 of the Code.

29. Tax-Exempt Status of the Bonds; Rebate. The City shall comply withrequirements necessary under the Code to establish and maintain the exclusion from grossincome under Section 103 of the Code of the interest on the Bonds, including without limitation(i) requirements relating to temporary periods for investments, (ii) limitations on amountsinvested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investmentearnings to the United States, if the Bonds (together with other obligations reasonably expectedto be issued and outstanding at one time in this calendar year) exceed the small issuer exceptionamount of $5,000,000.

For purposes of qualifying for the exception to the federal arbitrage rebate requirementsfor governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines anddeclares that:

(a) the Bonds are issued by a governmental unit with general taxing powers;

(b) no Bond is a private activity bond;

154589505v!

(c) ninety-five percent or more of the net proceeds of the Bonds are to be used forlocal governmental activities of the City (or of a governmental unit the jurisdiction of which isentirely within the jurisdiction of the City);

(d) the aggregate face amount of all tax exempt bonds (other than private activitybonds) issued by the City (and all subordinate entities thereof, and all entities treated as oneissuer with the City) during the calendar year in which the Bonds are issued and outstanding atone time is not reasonably expected to exceed $5,000,000, all within the meaning of Section148(f)(4)(D) of the Code;

(e) there shall not be taken into account for purposes of said $5,000,000 limit anybond issued to refund (other than to advance refund) any bond to the extent the amount of therefunding bond does not exceed the outstanding amount of the refunded bond;

(f) the aggregate face amount of the Bonds does not exceed $5,000,000;

(g) each of the Refunded Bonds was issued as part of an issue which was treated asmeeting the rebate requirements by reason of the exception for governmental units issuing$5,000,000 or less of bonds;

(h) the average maturity of the Bonds does not exceed the average maturity oftheRefunded Bonds; and

(i) no part of the Bonds has a maturity date which is later than the date which isthirty years after the date the Refunded Bonds were issued.

30. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bondsas "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, theCity hereby makes the following factual statements and representations:

(a) the Bonds are issued after August 7, 1986;

(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;

(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" forpurposes of Section 265(b)(3) of the Code;

(d) the reasonably anticipated amount of tax-exempt obligations (other than privateactivity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which willbe issued by the City (and all entities treated as one issuer with the City, and all subordinateentities whose obligations are treated as issued by the City) during this calendar year 2012 willnot exceed $10,000,000;

(e) not more than $10,000,000 of obligations issued by the City during this calendaryear 2012 have been designated for purposes of Section 265(b)(3) of the Code; and

(f) the aggregate face amount of the Bonds does not exceed $10,000,000.

164589S0Svl

The City shall use its best efforts to comply with any federal procedural requirementswhich may apply in order to effectuate the designation made by this paragraph.

31. Governmental Bonds Post-Issuance Compliance Policies and Procedures. TheCity hereby approves the Governmental Bonds Post-Issuance Compliance Policies andProcedures in substantially the form presented to the City Council.

32. Severability. If any section, paragraph or provision of this resolution shall be heldto be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,paragraph or provision shall not affect any of the remaining provisions of this resolution.

33. Headings. Headings in this resolution are included for convenience of referenceonly and are not a part hereof, and shall not limit or define the meaning of any provision hereof.

The motion for the adoption of the foregoing resolution was duly seconded by member_______ and, after a full discussion thereof and upon a vote being taken thereon, thefollowing voted in favor thereof:

and the following voted against the same:

whereupon the resolution was declared duly passed and adopted.

174589505vl

STATE OF MINNESOTACOUNTY OF STEARNSCITY OF PAYNESVILLE

I, the undersigned, being the duly qualified and acting Administrator of the City of

Paynesville, Minnesota, do hereby certify that I have compared the attached and foregoing

extract ofminutes with the original thereof on file in my office, and that the same is a full, true

and complete transcript ofthe minutes of a meeting of the City Council, duly called and held on

the date therein indicated, insofar as such minutes relate to providing for the issuance and sale of

$420,000 General Obligation Improvement Crossover Refunding Bonds, Series 2012A.

WITNESS my hand on May 9, 2012.

Administrator

184589505vl






Item Number: VII-B

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Police Chief Position

Please review the attached documents that the Council requested at the April 25, 2012 CityCouncil meeting.

Discuss'whether the Council would like an officer on the Interview Committee or to allow theofficers to ask questions when the Council does the interviews (as done with the CityAdministrator position). Or to include a community member or business owner on the InterviewCommittee.



Motion to approve the Checklist, Post Board Minimum Selection Standard and ThoroughBackground For Hiring, Advertisement, Job Description (as revised), Application Questions,and Oath Of Office.

Motion to appoint:Gene BeaversJeff BertramRobert DickhausRenee EckerlyPhil JonesBill Spooner

OPTIONAL:_________(.current police officer)_________ (community member or business owner)

to the Police Chief Interview Committee.

Wage/Benefit Data for Police Chief Position

GRADE/STEP CHART FOR 2010 from MAPE Jan 2011· Dec. 31, 2013 contractGRADE 1 MINIMUM 2 3 4 5 6 7 MAXIMUM

15 $40,718.20 $43,897.21 $47,076.22 $50,255.23 $53,434.24 $56,613.22 $59,792.21

Name Gross Wages Match Def Other Pay PERA FICA Medicare Health Ins Life Ins LTD STD TotalStep 1 $40,718.20 $1,200.00 $1,560.00 $6,260.86 $630.43 $8,100.00 $75.12 $101.47 $167.42 $58,813.50Step 2 $43,897.21 $1,200.00 $1,560.00 $6,718.64 $676.53 $8,100.00 $75.12 $109.10 $180.01 $62,516.61Step 3 $47,076.22 $1,200.00 $1,560.00 $7,176.42 $722.63 $8,100.00 $75.12 $116.73 $192.60 $66,219.71Step 4 $50,255.23 $1,200.00 $1,560.00 $7,634.19 $768.72 $8,100.00 $75.12 $124.36 $205.19 $69,922.81Step 5 $53,434.24 $1,200.00 $1,560.00 $8,091.97 $814.82 $8,100.00 $75.12 $131.99 $217.78 $73,625.91Step 6 $56,613.22 $1,200.00 $1,560.00 $8,549.74 $860.91 $8,100.00 $75.12 $139.62 $230.37 $77,328.98Step 7 $59,792.21 $1.200.00 $1.560.00 $9.007.52 $907.01 $8,100.00 $75.12 $147.25 $242.95 $81,032.06TOTALS $ 351,786.53 $ 8,400.00 $10,920.00 $ 53,439.34 $ . $ 5,381.04 $ 56,700.00 $ 525.84 $ 870.50 $ 1,436.32 $489,459.57

Health Insurance is based on family coverage at $675.00 per month.Matching Deferred Comp is $1200/yearOther pay is 15 hours per week at $2/hour call time

2012 Budgeted Figures for Police Chief and Officers

Name 12 Gross Wages Other Pay*** Back·Pay Overtime PERA FICA Medicare Health Ins Life Ins LTD STD TotalBuggs, Charles $47.373.04 $0.00 $3,553.68 $7.333.45 $738.44 $8.093.97 $72.97 $112.56 $181.34 $67,459.45Elfering. Bruce $47,373.04 $0.00 $3.553.68 $7.333.45 $738.44 $7.865.97 $72.97 $112.56 $181.34 $67,231.45Kortlever, Kent $64,388.14 $1,200.00 $0.00 $9,444.69 $951.03 $8,095.85 $72.97 $151.81 $244.61 $84.549.10Schmitz, Joe $47,373.04 $0.00 $3,553.68 $7,333.45 $738.44 $8,093.97 $72.97 $112.56 $181.34 $67,459.45Gulbranson, James $8,918.41 $0.00 $0.00 $1,284.25 $129.32 $0.00 $0.00 $0.00 $0.00 $10.331.98TOTALS $ 215,425.67 $ 1,200.00 $ - $ 10,661.04 $ 32,729.29 $ - $ 3,295.67 $ 32,149.76 $ 291.88 $ 489.49 $ 788.63 $ 297,031.43

Deferred Comp Match by City is $1,200.00.

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City of Paynesville - Police Chief Selection ProcessChecklist

City Council action to proceed with the Police Chief hiring process.

City Council review and approve job description, wage scale, advertisement, interviewquestions, checklists and appoint Interview committee members.

Advertise Police Chief position from May 10, 2012 to June 7, 2012.

Polices & Procedures Committee to review interview questions and scoring sheet forapplication (if applicable) prior to June 7, 2012.

Week of June 11, 2012, applications to be reviewed and scored by Lieutenant RobertDickhaus, Stearns County Sheriff Office and Renee Eckerly, City Administrator.

Week of June 25, 2012, 1st round of interviews with Interview Committee.

Week of July 9, 2012, 2nd round of interviews with finalist{s) with City Council.

City Council selects final candidate.

Final candidate given background investigation package to be completed within twoweeks.

Schedule psych evaluation (maybe able to utilize from other department) and physical.

After background, psych and physical are completed and acceptable, City Council makesfinal offer to candidate.

Candidate accepts Police Chief Position and start date is established.

Minimum Selection Standards and Thorough Background for HiringMN STAT 626.87 and MN RULES 6700.0700

1. Is [the candidate] a Citizen of the United States? 0 Ves 0 No

City of Birth: County: State:----Place of naturalization: Date:._--------Is evidence of citizenship attached? DVes 0 No If no, where can it be found? _

Has Social Security Number been verified? DYes 0 No

2. Does the candidate have a valid driver's license? OVes 0 NoNumber: State of Issue:, _

Is evidence of driver's license check attached? DYes 0 No

If no, where can it be found? _

3. Has the candidate filed a written job application? DVes 0 No

Is the written job application attached? DYes 0 No Date: _If no, where can it be found? _

4. Has applicant been convicted of a felony in the state of Minnesota? DYes 0 NoIn another state? DYes 0 No If yes, where -., _

5. Has the applicant been convicted, under MN STAT 609.224, 609.2242,609.231,609.2325, 609.233,609.2335, 609.234, 609.324, 609.465, 609.466, 609.52, or 609.72, subdivision 3; or convicted under anystate or federal. narcotics or controlled substance law irrespective of any proceeding under MinnesotaStatutes, section 152.18, or any similar law of another state or federal law; or of any of the crimes listed inthis item in another state or federal jurisdiction, or under a local ordinance that would be a conviction ifcommitted in Minnesota?

Is evidence of criminal history search attached? DYes 0 No

If no, where can it be found? _

6. Is the applicant required to register as a predatory offender? DVes 0 No

7. Has applicant been fingerprinted? DYes 0 NoHave the applicant's fingerprints been sent to the FBI and SeA? DYes 0 NoHas a criminal history check response been received? DVes 0 NoIs the response attached? DYes 0 No If no, where can it be found? _

8. Has the applicant been examined by a licensed physician? DVes 0 No

Name of physician who performed the physical examination: _Date of examination: Clinic: _

Is a copy of the results attached? DYes 0 No If no, where can it be found? _

9. Has the applicant been examined by a licensed psychologist? DYes 0 NoName of psychologist who performed the evaluation: _

Page 1 of2(01/11\

Date of evaluation: Clinic: _

Is a copy of the evaluation results attached? DYes D NoIf no, where can it be found? _

10. Has the applicant participated in an oral interview? DYes D NoDate: Location: _

Is documentation available? DYes D No

Who conducted the oral interview of the candidate? _

11. Has a job-related test of physical strength and agility been done? DYes D No

Is candidate exempt pursuant to MN RULES 6700.0700, subpart 2.? DYes D No

Is documentation attached? DYes D No If no, where can documentation be found? ------12. Was a thorough background investigation performed? DYes D No

Pursuant to MN STAT 626.87, Subd. 5, Upon initiation of a background investigation under this section,the law enforcement agency shall give written notice to the Peace Officer Standards and Training Boardof the candidate's full name and date of birth; and the candidate's peace officer license number, if known.

A thorough Background Investigation shall include, but is not limited to, the following:

.:. Documentation of compliance with Minimum Selection Standards.•:. Current copies of state and federal criminal history inquiries.•:. Documentation of local law enforcement records (including juvenile contacts if applicable) for

residential communities and counties during the previous ten years.•:. An interview of the candidate's previous or current employer(s) to include coworkers, and/or an

interview of the candidate's Law Enforcement Program Coordinator if applicable.•:. An interview of the candidate's current/recent classmates if applicable, and/or neighbors.

Who performed the background investigation? --=:--_~----

Was anything uncovered that would preclude the candidate from being licensed? DYes 0 No

Is a copy of the background investigation attached? DYes D NoIf no, where can it be found? _

Does your agency have more stringent standards pursuant to Subpart 4? DYes D NoIf so, what are they? _

Pursuant to MN RULE 6700.0700, Subpart 2, the Chief Law Enforcement Officer must maintain documentationand have the necessary documents available for periodic examination by the Minnesota Board of Peace OfficerStandards and Training.

Agency Name

Print Chief Law Enforcement Officer's Name

Chief Law Enforcement Officer's Signature Date Completed

Page 20f2(01/11 )

Police Chief

The City of Paynesville (pop. 2,432) is currently accepting applications for a full timePolice Chief.

Applicants must be able to meet minimum qualifications of the position description. TheChief manages a budget of $400,000 and oversees a staff of 3 full time and 1 part timesworn officers. Starting salary between $40,718-$59,792. Application, position descriptionand release forms are available at Paynesville City Hall, 221 Washburne Avenue,Paynesville, MN 56362 or online at www.paynesvillemn.com. Application deadline: 3:30p.m., Thursday, June 7, 2012. Resumes' will not be accepted in lieu of completedapplications. All forms must be completed and submitted with application.

AN EQUAL OPPORTUNITY EMPLOYER.

Publish in the Paynesville Press on 5/16/12 &5/23/12,5/30/12

Publish on Minnesota Board of Peace Officer Standards and Training website from5/10/12 through 617/12

Publish on League of Minnesota Cities website from 5110/12 through 617/12

POSITION:

DEPARMENT:

Police Chief

Police

Draft May 2012

DESCRIPTION OF WORK

General Statement of Duties: Performs administrative and responsible police work involvingthe protection and safety of the community through prevention and control of crime,preserving peace, investigating crimes, and providing emergency services; performs relatedduties as required.

Supervision Received: Works under the administrative direction of the City Administrator.

Supervision Exercised: Exercises general and technical supervision over all Sworn andclerical· personnel in the department.

TYPICAL DUTIES PERFORMED

The listed examples may not include all duties performed by all positions in this class.Duties may vary somewhat from position to position within a class.

• Plans, organizes, directs and reviews the operations of the Police Department; assistsand cooperates with federal, state, and local law enforcement agencies.

• Supervises the department staff including interviewing, recommending hiring,evaluating performance, recommending reward and discipline, etc.

• Establishes and oversees policies, procedures, standards, and practices to ensuresafelY and efficiency in the work environment; maintains discipline and ethics.

• Reviews departmental operations and develops short- and long range goals andcoordinates implementation as may be required. -

• Dev~lops and m.'ersees policies, procedures, and practices to ensure safety andefficiency in the "'Or\< em:ironment.

• Acts as on-scene commander at disaster scenes until the Civil DefenseEmergency Management Director arrives.

• Conducts internal investigations of any complaints against department staff.Involves extemal agencies as required to address conflict of interest issues.

• Detennines employee needs for education and training and schedulesappropriate training. Ensures employees have appropriate trainingcertifications. and licenses to meet the needs of the City and State licensingrequirements.

• Maintains effective community relations.• Prepares and administers annual operating and capital improvement bUdgets for

department.• Prepares periodic reports and makes presentation before the City Council.• Perfonns routine police work activities. such as making arrests. investigating crimes,

transporting prisoners. collecting and processing evidence. preparing written reports.

assisting in the prosecution of law violators, etc.• Patrols the oommunity to enforee IS'Ns, detect and pFevent orime, and protest life and

propert}'.• Apprehends and arrests la'.... \Jiolators, prepares 'I.'ritten reports of orimes, and assists

in proseoution of lavt' violators.• Colleots and preseF\f8s evidenoe.• EmorGes traffio 18'.\', operates radar and writes ).(iolations.• Responds to aooident soenes, administers first aid until mOFe qualified peroonnel

arri).f8 on the soene, diFeot traffio f1etJl, assists with the transport of patients.• Testifies in oourt as arresting offioer.• Responds to domestio and bar disputes.• Investigates crimes and works with the county to assist in felony investigations and

the Tri-County Crime Unit to assist in analysis of evidence.• Interviews '#itnesses and victims and takes their statements; interrogates suspects.• Recognizes and accepts opportunities to address civic, school, businesses and

church groups, etc. on important aspects of police work to broaden theirunderstanding and cooperation with the need for sound and efficient lawenforcement.

• Makes publio presentations at sohools and Gommunit}( functions.• Transports prisoners.• l\ssists other agenoies suoh as the oounty, aFea oommunities and the State HigW11aY

Patrol as needed.• Reviews daily reports made by other officers to determine activity in the community,

potential problems, thoroughness, accuracy and potential problems.• Remo'.tes hazards in road\vsy-s and on side walks.• Negotiates polioe proteotion contract with Paynesville Township.• Administers and reports to to)....nship board polioe protection activity and operations.CD Maintains working relationship with sohool, churches and oommunity businesses.Ii Trained and certified as First Responder.• Provides Qaily-assistance to liquor store with deposits to financial institutions.• Assists local funeral homes with police escorts.• Assists with secretarial duties.• Revi8\\tS daily reports made by other offioers to determine activity in the oommunity

and potential problems.• With proper training, could be reqUired to act as a Firearms Instructor, Intoxilyzer

Operator, or assist with the check recovery program for businesses.

KNOWLEDGE, SKILLS AND ABILITIES

Comprehensive knowledge of the rules and regulations of the department; thoroughknowledge ofapproved principles, practices and procedures ofpolice work: thoroughknowledge ofpertinent Federal and State laws and municipalordinances: thoroughknowlecJge of the geography of the City and the location of important bUildings: ability tocommand respect of the officers and to assign, direct and supervise their work: ability todeal with the public courteously and firmly and to establish and maintain satisfactory pUblicrelations: ability to analvze complex police problems and situations and to adopt quick,

effective and reasonable courses of action: skill in the use of firearms and the operation ofa motor vehicle: ability to maintain and establish working relationships with electedofficials. associates and the general public: working knowledge ofavailable technologyand police equipment: working ability to prepare and administer budget.

* ThoFOugh knmA.'ledge of police procedures and techniques.* Considerable knov.'ledge of federal, state and locallaw5.* VVorking kno!o\4edge of available technology and equipment for police !NOrk.* Considerable skill in handling and discharging firearms in an efficient and safe

anner.* Considerable skill to e*pertly drive a motor vehicle under any condition.* Working skill in using word processing capabilities of a computer.* Thorough ability to anal~ situations and determine appropriate action and to

r:espond qUickly and appFOpriately to crisis and emergency situations.*ThoFOugh abilit}' to apply la\''o'5 to specific incidents.* Considerable ability to observe and r:emember people, fasts and cireumstances.* Considerable ability to investigate crimes and accidents.* Considerable abilit}' to prepare accurate and thorough reports.* Considerable abilit}' to communicate effeeti\(ely with eleeted officials, staff, other la-VI

enforcement agencies, and the public.* Considerable ability to supervise staff and ensure all policies, procedures, and

protocols are followed.* ',!\Jorking abilit}( to prepare and administer bUdgets.* Attend mandated POST Board continuing education class for use of force, defensivetactics and defensive driving.

MINIMUM QUALIFICATIONS

Minnesota POST certified or eligible. Licensed as a Peace Officer in the State of MinnesotaaAEi Seven years of experience as a paid police officer or 5 years supervisory experience.Bachelor's Degree in law enforcement or criminal justice can substitute for up to two years ofabove experience. Minnesota Class D Driver's license or equivalent out-of-state driver'slicense. First Aid, CPR and Deliberator certification. Firearm training, Radar training,Pursuant driving training. Fingerprinting training, ability to pass agility test, ability to passcriminal history investigation. ability to pass department psychological evaluation, no felonyconvictions.

TOOLS AND EQUIPMENT USED

Police car, police radio, radar gun, handgun and other weapons as required, police baton,handcuffs, pager, first aid equipment, personal computer, FAX machine, and otherequipment as designated by the Police Chief and City Council. Knowledge of CountyRecord Management System (RMS). Working of on-board computer and system (MobileDispatch Terminal); Taser, Defibrillator, Window Tint Meter, Stop Sticks, PreliminaryBreath Test Instrument (PBT), Rescue Frisbee for water rescues, and chemical sprays(MACE), administer oxygen and administer intoxilyzer.

PHYSICAL DEMANDS

The physical demands described here are representative of those that must be met by anemployee to successfully perform the essential functions of this job. Reasonableaccommodations may be made to enable individuals with disabilities to perform theessential functions.

While performing the duties of this job, the employee is frequently required to sit and talk,see and listen. The employee is occasionally required to stand; walk, run; use hands tofinger, handle, or feel objects, controls or tools listed above; reach with hands and arms;climb or balance; stoop, kneel, crouch, or crawl; and taste and smell.

The employee must occasionally lift and/or move up to 100 pounds. Specific visionabilities required by this job include close vision, distance vision, color vision, peripheralvision, depth perception, and the ability to adjust focus.

WORK ENVIRONMENT

The work environment characteristics described here are representative of those anemployee encounters while performing the essential functions of this job. Reasonableaccommodations may be made to enable individuals with disabilities to perform theessential functions.

While performing the duties of this job, the employee frequently works in outside weatherconditions. The employee occasionally works near moving mechanical parts; in high,precarious places; and with explosives and is occasionally exposed to wet and/or humidconditions, fumes or airborne particles, toxic or caustic chemicals, extreme cold, extremeheat, and vibration.

The noise level in the work environment is usually moderate.

The duties listed above are intended only as illustrations of the various types of work thatmay be performed. The omission of specific statements of duties does not exclude themfrom the position if the work is similar, related or a logical assignment to the position.

The job description does not constitute an employment agreement between the employerand employee and is subject to change by the employer as the needs of the employer andrequirements of the job change.

Job Duties with an *(asterisk) are essential duties necessary to fulfill the job requirements.

City of Paynesville - Police Chief Selection ProcessApplication Questions

As part of the application process, the City of Paynesville would like each applicant to respond, in writing,to the following questions. The responses should be include with the job application, release forms andresume when mailed to Renee Eckerly, City Administrator, City of Paynesville, 221 Washburne Ave,Paynesville, MN 56362. These questions will assist in determining candidates for the interviewing process.

1. As the new Police Chief, how would you introduce yourselfto the community?

2. With yourself as a full time Police Chief, three full time officers, and part time officer how would youaddress the a 24/7 schedule and how would you deploy the resources?

3. What might be three of your first leadership actions?

4. Tell us what you have done to set a positive attitude for the people you work with?

5. If you are selected to fill the Police Chief position, how are you going to establish yourself as a newleader and what are you going to do to instill the confidence in your officers and community?

Date

OATH OF OFFICE

I, ,·do hereby solemnly swear that I support the Constitutionof the United States and the Constitution of the state of Minnesota, and that I willfaithfully, justly, and impartially discharge the duties of Police Chief for the City ofPaynesville, Counties of Stearns, State of Minnesota, to the best of my knowledge andability. So help me God.

ATTEST:

Renee EckerlyCity Administrator

Interview Committee for Police Chief Position2012

1. Gene Beavers (Policies & Procedures Committee)2. Jeff Bertram (Policies & Procedures Committee)3. Lieutenant Robert Dickhaus (Stearns County Sheriffs Department)4. Renee Eckerly (Policies & Procedures Committee)5. Phil Jones (Cold Spring Police Chief)6. Bill Spooner (City Attorney)

Optional:1. One of the current Police Officers2. A Community Member or Business Owner






Item Number: VII- C

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Opportunity Park

Brian Swanson, Land & Lease Development, LLC will be in attendance to give an update onthe progress with McDonalds and the property within Opportunity Park.

15 bids were received and opened on March 20, 2012 for Opportunity Park Drive street andutility improvements. The apparent low bidder was Chad Monson Excavating, LLC, Willmar,MN in the amount of $337,472.00. The Engineers estimate was approximately $375,000.00.



Motion to accept the bid from Chad Monson Excavating, LLC, Willmar, N1N in the amount of$337,472.00 for Opportunity Park Drive street and utility improvements.

Land & LeaseDevelopment

Site acquisitions and lease investment opportunities

April 20, 2012

Dear City Council,

McDonalds has chosen not to start construction until Spring of 2013 and will notsign the final lease until the end of this year (approximately six months prior toconstruction start).

This puts us in a position where we cannot close on the lot until we get the finallease signed. At this point we request your consideration to extend our option toDecember 15th 2012.

Please understand this is the way McDonalds' System of Layers does businessand in lieu of that, they are an outstanding company to have on your real estatethat will attract other quality businesses.

Thank you for your consideration.

Brian WeidendorfLand and Lease Development LLC

Land & Lease Development, LLC • 24226 Lone Pine Road • Hinckley, MN 55037

n: 320.384.6747 • f: 320.384.6472 • www.lldllc.com

OPTION AGREEMENT

This Agreement is made this 19th day of October, 2011, by and between City ofPaynesville MN ("Seller") and Land & Lease Development L.L.C., a Minnesota limited liabilitycompany, or its nominee ("Land & Lease").

WHEREAS, Seller is the fee owner of land, and any improvements thereon, located atLots 1 and a portion of lot 2, Block 1, Diekmann Business Park Plat Two; Parcel Ntunbers70.38748.0022 & 70.38748.0020 in the town/city of Paynesville, county of Stearns, State ofMinnesota, legally described on Exhibit A, attached hereto and incorporated herein (the land andany improvements and personal property thereon are collectively referred to herein as the"Property"); and said lands containing approximately 52,000 Square Feet.

WHEREAS, Seller wishes to grant to Land & Lease, and Land & Lease wishes to acquirefrom Seller, on the terms herein, an option for the purchase ofthe Property;

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency ofwhich the parties hereby acknowledge, the parties agree as follows:

1. Grant of Option. Seller hereby grants to Land & Lease the exclusive right andoption (the "Option") to purchase the Property. Seller shall neither sell nor attempt to sell theProperty to any third party during the Option Term, which shall be the period of time beginningwith the date of this Agreement and terminating May 1St, 2012.

2. Option Payment. Seller hereby acknowledges receipt of the sum of $2,500.00(the "Option Payment") as payment for the Option. The·Option Payment shall be nonrefundableexcept as otherwise provided herein.

3. Purchase Price. If the Option is exercised, Land & Lease shall purchase theProperty by making a payment to Seller in tb.e amount of$ 317,200 (the "Purchase Price"). SaidPurchase Price will be based on $ 6.10 per square foot and adjusted accordingly, not to exceed52,000 square feet and shall include all assessments. The Purchase Price shall be paid on theClosing Date (as defined below).

4. Exercise of Option. Land & Lease may exercise the Option by giving notice toSeller, during the Option Term, of Land & Lease's intention to purchase the p.roperty (the"Option Notice"). The Option Notice shall be accompanied by a check in the amount of$10,000(the ''Earnest Money"), which shall be nonrefundable (except in the event of breach by Sellerunder this Agreement or Seller's inability to provide marketable title to the Property, as providedin Section 7 herein) and shall be applied toward the Purchase Price on the Closing Date. TheEarnest Money shall be deposited by Seller in an interest-bearing account; all accrued interestshall be deemed part of the Earnest Money, as that term is used herein. The Option Notice shallspecify as the date of purchase a date not more than 60 days after delivery of the Option Notice(the "Closing Date").

5. Property. The Property shall include all real and personal property located at oron, or used in conjunction with, the land described in Exhibit A, including without limitation

land, improvements, fixtures, equipment, furniture, files, and permits. Notwithstanding thepreceding sentence, Land & Lease shall be entitled to identify personal property which it doesnot wish to purchase and whiqh shall not be a part of the Property and shall be removed from theland by Seller prior to the Closing Date.

6. Delivery of Information. Seller acknowledges that Land & Lease, indetermining. whether to exercise the Option, will be examining the structural, physical,environmental, and financial condition of the Property. To facilitate this examination, Sellershall deliver to Land & Lease, as soon after execution ofthis Agreement as is practicable, copiesof all leases, permits, utility and service contracts, warranties, plans, surveys, reports,environmental reports or assessments, and financial information with respect to the Property andin Seller's possession or control. Seller shall further provide to Land & Lease any additionalinformation reasonably requested by Lan4 & Lease. Seller shall permit Land & Lease or itsagents to physically enter and inspect the Property at all reasonable times, upon reasonablenotice.

7. Title. Seller shall deliver to Land & Lease, as soon as is practicable after deliveryof the Option Notice, a title insurance commitment (the "Title Commitment") to ·the Property.Seller shall bear the cost of the Title Commitment. Land & Lease shall have 20 business daysafter receipt of the Title Commitment to make written objections to any title matters whichwould interfere with Land & Lease's intended use of the Property, which objections shall bewaived if not so made. Land & Lease shall not be entitled to object to any rights of tenantsterminable on or prior to the Closing Date. Seller's cure of title objections shall be reasonable,diligent, and prompt. The Closing Date shall be postponed pending cure of title objections,except that liens or encumbrances for liquidated amounts which can be released by payment orescrowed from proceeds of closing shall not delay the Closing Date. Until such time as ~el1er

cures the title objections, Land·& Lease shall be entitled to waive its objections and proceed toclose; or, at its election, terminate this Agreement, in which event the Option Payment andEarnest Money shall be reimbursed to Land & Lease and the parties shall have no furtherobligations hereunder.

8. Environmental Investigation. Seller hereby grants Land & Lease, from andafter the date hereof, access to the Property so that Land & Lease or its agents may conduct suchtests as Land & Lease deems prudent to determine the environmental condition of the Property.Such testing shall be done at the expense of Land & Lease. In conducting such tests, Land &Lease shall use reasonable efforts to avoid dismpting the business of Seller or any tenants thenoccupying the Property.

(a) Land & Lease shall provide prior notice to Seller and, ifdifferent, the occupant ofthe Property of the dates and times on which Land & Lease or its environmentalconsultants will be conducting inspections, audits, and tests of the Property; andwill permit representatives of Seller and of the Property's occupant to be presentfor such inspections, audits, and tests.

(b) Land & Lease shall restore any damage caused to the Property as a result of itstesting procedures.

2

9. Closing. The closing shall occur on the Closing Date, at such time and place asthe parties shall mutually agree. At closing, Land & Lease shall deliver the Purchase Price (less .the Earnest Monday and Option Payment previously paid) to Seller, and Seller shall deliver toLand & Lease:

(a) A warranty deed to the Property, subject to all matters not timely objected to byLand & Lease.

(b) A bill of sale to the Property.

(c) An assignment of leases, permits, contracts, and warranties with respect to theProperty.

(d) Such title affidavits as shall be required for issuance of an owner's title insurancepolicy from the Title Commitment.

(e) Originals of al11eases, pennits, contracts, warranties, plans, surveys, reports, andenvironmental assessments and reports with respect to the Property and inSeller's possession or control.

(f) Such other documents as shall be reasonably requested by Land & Lease tofacilitate the closing and transfer of title ofthe Property.

10. Closing Prorations. All expenses and income with respect to the Property(including, without limitation, rents, utilities, real estate taxes, and special assessments) shall beprorated as of the Closing Date, with Seller to pay (or be credited with) those items attributableto the period of time prior to the Closing Date, and with Land & Lease to pay (or be creditedwith) those items attributable to the period of time on or subsequent to the Closing Date. Sellershall pay any required state deed tax and the cost of filing all documents necessary to make titleto the property marketable. Land & Lease shall pay the cost of filing the deed from Seller andthe premium on any title insurance policy resulting from the Title Commitment. All otherclosing costs shall be paid in a manner consistent with local practice. Any and all real estatecommissions due and owing in conjunction with the option or sale hereunder shall be paid bySeller.

11. Possessory Rights. Land & Lease shall be entitled to :full and completepossession of the Property (free of any and all rights of tenants or subtenants) immediatelyfollowing the closing. Seller covenants to give any and all tenants and subtenants, in a timelymanner, such notices as may be required to terminate their tenancies prior to or as of the ClosingDate. Seller shall have the right and obligation to remove from the Property, on or before theClosing Date, all personal property and debris designated by Land & Lease, in its sole andabsolute discretion, as not being part ofthe Property.

12. Property is "As Is." The Property is not new, and is being purchased "as is."Land & Lease shall have the right and duty to inspect the Property or to have it inspected by aperson of Land & Lease's choice, at Land & Lease's expense, and shall also have the right tomake a preclosing inspection of the Property to detennine that the Property is in the same

3

condition as of the date of this Agreement. Seller agrees to provide reasonable access to theProperty to Land & Lease and inspectors representing Land & Lease.

13. Notice. Each notice given pursuant to this Agreement shall be in writing andshall be addressed as follows:

(a) lfto Seller:

City ofPaynesville221 Washburne Ave.Paynesville, MN 56362

(b) lfto Land & Lease:

Land & Lease Development L.L.C.Attn: Brian Weidendorf24226 Lone Pine RoadHinckley, Minnesota 55037

(c) Notice shall be deemed delivered on the date it is personally delivered, faxed, oremailed; or two business days after the date it is deposited in the United Statesmail. Any party may change its address for the delivery ofnotice by giving noticeof such change to the other party, in any manner specified above, no fewer thanfive business days prior to the effective date ofsuch change.

14. Loss. In the event Land & Lease's intended use of the Property is materially andadversely affected by fire or other casualty to the Property, or by the institution ofcondemnationproceedings, Land & Lease may elect, prior to the Closing Date, to give notice of tennination ofthis Agreement, in which event Seller shall reimburse any paid Option Payment and EarnestMoney to Land & Lease and the parties shall have no further obligations hereunder. In the eventLand & Lease does not elect to terminate this Agreement, Seller shall be entitled to receive allinsurance or condemnation proceeds, but Land & Lease shall be credited with such amounts atclosing, and shall further be credited with any applicable deductibles.

15. Default Remedies. In the event of breach of this Agreement, the non-breachingparty shall, if the breach is not cured within five business days following notice to the breachingparty, be entitled to all remedies provided at law or in equity, including specific performance. Aparty who fails to cure its breach within five business days following notice shall pay thereasonable attorney fees and court costs incurred by the non-breaching party in pursuing itsremedies hereunder. Nothing in this section shall preclude a party from immediately seekinginjunctive reliefto prevent irreparable harm.

16. Miscellaneous. This Agreement contains the entire understanding of the partieswith respect to the Property and supersedes all prior agreements and understandings between theparties with respect to the Property. This Agreement may not be modified except in a writingexecuted by both parties~ Time is of the essence in all provisions of this Agreement. ThisAgreement shall not be interpreted as creating a partnership or joint venture between the partieswith respect to the Property. This Agreement shall be construed under the laws of the state in

4

~C>':LTC)N &. IVIENK, I NC::0Consulting En'gineers & Surveyors

204.0 Hlghwqy 12 Ha~t • Willmari MN 56201 ·5818Phon~:1~20)~S'1·3956' Fox {32Q)·231-971 0

www.b:oltQn-menk.c.Qm

March 21, 2012

Honorable Mayor Thmnpsonand Members ofthe·City CouncilCity ofPaynesville221 Washbum~ AvenuePa.ynesville, MN' 56362

RE: Opportunity Pa.rk Street &. Utility ImprovementsCity ofPilynesville, Minnesota

Dear Mayor and Council:

On March 2Q, 2012, we te(lei've~ 15 b.iqsfQ:t:~tll:~'Qpp'Qrt.utll!Y· Park·&:tteet &UtiUty Improvement Projeot. Thebids tiU1G¢d from $,33:7;41~.oOto ;$5S4,124i{$o.~ the:lowbiddel'fotthe prQJeo1.is Chad Monson Excavating,1LO ofWiillmar, Minnesota. The.Engin\!let's Esfunate forthe proJ!3ot Was appro~imately $375,000.00.

Chad Monson Excavating, LLC has been in busine~s for many years. They have completed many projectssimilar.in nature to this projectin a.titnely manner. Astlle GOl.lfi~ilmay recall, they successfully completed the2010 ImprovementProject fbrtheCity. Overall, we feel tbatthey are'quaUfied to complete the construction ofthis project.

Based on the above inforro.atipll; iftheCouncil wishes to move f0rward with the project, we recommend thatthecontract to complete the Opportllnity Park Street & Utility Improvement Project be awarded to Chad MonsonExcavating, LLC in the amount of$337,472.00. .

Please feel free to contact me ifyou have any Qllestions.

m'n !trj;,~lf,P.E ...:1.;City Bngjneer

EncloslU'e

cc: Renee Eckerly, City AdministratorRon Mergen, Public Works Director

DESIGNING FOR A BETTER TOMORROWBolton & Menk is an eq~al opportunity employer.






Item Number: VII-D

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Variance - Mike Wensmann & Ruth Hopfer Wensmann

A Variance application has been submitted by Mike & Ruth Wensmann, 624 Hudson St. Theywish to move their existing 10'x12' storage shed from off the north property line to a newlocation on their property. This property is double fronted; therefore, the shed would have tobe 30' off of Hudson St. right of way and 30' off of Belmont Dr. right of way. They wish tomove the structure adjacent to their driveway. The shed would be l' off of their rear propertyline; therefore, seeking a 29' variance. The Planning Commission has reviewed this andrecommends approval. Please review the attached application and Report &Recommendation, and Grant of Variance.



Motion to approve the Grant of Variance for Mike Wensmann & Ruth Hopfer Wensmann.

CITY OF PAYNESVILLEVARIANCE APPLICATION

221 Washburne Ave. - Paynesville, MN 56362Phone: 320-243-3714 - Fax: 320-243-3713

List All Property Owners. ,//l;cjc(,~/ t,VenS'miU1/7 rf-ff/,("f); I/O/per lJer).s~m~f..r)/\

Contact Person:~;,ff? WeAS.;na-no

Address: (WL/ /7"k-d.sor, g 7: /4tfhe5V///e i ?~>1/ t.£65~ ~fJom e- 6dC -';>'4'3-96-S9

Telephone No.OII- 3,;<0--;)0"0- 9'5tP'1 Parcel No.: 7CJ~39/3I.jv 0000

Legal Description: --=;F':~~,--_--;;---=~:.::...-=~:;;;-_-=-A=d=d:.:.:it=io:.:....:n~:-S_~_hd-=-· 1t..:;·v..:...!,'S~'CJ;..:"I1"-=~--..:P~' .::Ol~"'0-:..L:./3

lONE: Application Fee: $250.00(non-refundable) These are the fees

EXISTING USE OF PROPERTY' ~ incurred perdocu~ent: Advertising $48.00. 'L . I . ',{ '_. j (average), Recordmg $46.00 (actual)

SforCl-2e. .soe.a '6lC\~~ lc.,.c......--,- Postage $33.00 (average), Legal $123.00'[7 (avera e, totalin $250.00.

IS THE VARIANCE NEEDED TO REPLACE AN EXISTING STRUCTURE OR ADD ANADDITIONAL STRUCTURE? /J10(j/~q slJed &rkjferen7/f/cec..I,'oo an exJ'$h7! LaT-

IF REPLACING, IS THE EXISTING STRUCTURE NON-CONFORMING? _

DESCRIPTION OF REQUEST: (use separate sheet if needed)

..r UJan r ./0 Pt0ve .sAe/ to o--nc;!7Je/' /Jek-I'.r () of fJlbfJY/!'.5 ~<.- .~t..JJ.-~ csl\ t'.-d-;

DRAWING OF PROPOSED VARIANCE: (use separate sheet)

Application Must Include:o A site plan showing existing lot lines and dimensions as well as lot area, all easements, all public streets, and private right

of ways bordering and adjacent to the site, the use and location of all adjacent property.The specific feature or features of the proposed use, construction, or development that requires a variance.Specific provisions of Ordinance from which a variance is sought and the precise variance there from being sought.Statement of characteristics of the property that prevent compliance with the provisions of the Ordinance.Legal description from abstract.Any wr" enOgraphic data required by the City Administrator.

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Date-----------------------------------------------------------------------------------------------------For office use only: ~Application Fee: $250.00 (non-refundable) \ \~ -1For office use only: Cash Check No. '-\.\1.0'\ Date Paid \ t-

Present To Planning Commission Date:~ \2,.\ 1'- Board of Adjustment Set Public Hearing Dale:~~Board of Adjustment Public Hearing Date:~1". Board of Adjustment Makes Determination Date:

PLANNING COMMISSION ACTION: LO~1'r-Recommended to Board of Adjustment Approved Denied Date:BOARD OF ADJUSTMENT ACTION:

Approved Denied Date:

12/29/2009

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IJ~oI.1it1e1~ the~~ Reed EMaie diiuaied in

Lot Three (3), in Block Two (2) ofLindeman's Southview Acres, according tothe plat and survey thereof on file and ofrecord in the Office of the County Recorder,in and for Stearns County, Minnesota.

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Lot Three (3), in Block Two (2) of Lindeman's Southview Acres, accordingto the plat and survey thereof on file and of record in the Office of theCounty Recorder, in and for Steams County, Minnesota.

NOTICE PURSUANT'TO MINN. STAT. § 386.375, Subd. 3 (1987)IMPORTANT INlrORMATION ABOUT YOUR ABSTRACT OF TITLE

An abstract of title is a summary of the history of ownership of a parcel of land. Anabstract of title shows the purchases and sales, mortgages, judgments and other Hens or rightsagainst the propeny as recorded wi~ the county. It reflects the records of the county through thedate shown on thl~ abstract. . . .

An abstr:act may be a necessary part of the sale, financing or refinancing of your land..You (:an replace a lost or damaged abstract, but it may cost you hundreds or .even thousands ofdollar·s depending upon the history of ownership. (The average cost of replacing an abstractranges fmm $400.00 to $1,000.00 in- the Twin Cities area and $150.00 to $500.00 in other-parts ofMilm~sota.)

You, as the owner of the property, are entitled by law to possession of the abstract. Youshould stOle it with the same care you use for other valuable documents such as wills, sloeks andbonds. You may wish to store it in a secure facility such as a safe deposit box or~;abstractcompany. If an abstract company or other party presently has your abstra';t, they must offer toreturn it to you before charging any fees for storage.

NOTE: This abstract of title represents a complete history of the record title of theproperty described h¢rein and does not represent that the title is good and marketable.Furthermore, if this abstract is altered in any way, other than by a licensed abstractor, any and allclaims herein certified by A & J Abstract & Title are null and void.

REPORT & RECOMMENDATION OF PLANNING COMMISSIONON APPLICATION FOR VARIANCE

WHEREAS, the City Administrator has received from Michael

Wensmann and Ruth Hopfer Wensmann, a Variance Application to allow the

following:

The movement of an existing shed from its current location where the

shed abuts the Northerly lot line of Lot 3, Block 2, Lindeman's Southview

Acres, and to relocate that shed on the same property with a one (1) foot

setback from the right-of-way for Belmont Drive; and

WHEREAS, l'vlichael Wensmann and Ruth Hopfer Wensmann are the

owners of property located at 624 Hudson Street, Paynesville, I'vlN 56362;

and

WHEREAS, this property is more particularly described as Parcel l\Jo.

70.39134.0000 and legally described as follows, to-wit:

Lot Three (3), in Block Two (2) ofLindeman's Southview Acres,according to the plat and survey thereof on file and of record inthe Office of the County Recorder, in and for Stearns County,Minnesota; and

WHEREAS, the property in question is zoned R-l - "Single & Two

Family Residential District"; and

WHEREAS, tool houses and similar buildings for storage of domestic

equipment and non-commercial recreational equipment are permitted a

permitted accessory use under Section 11.30, Subd. 3(d); and

(~J

WHEREAS, City Code Chapter 11, Section 11.10, Subd. 3A, requires

that all detached accessory bUildings shall be set back a minimum of 30 feet

from all street right-of-way lines; and

WHEREAS, contrary to City Code Chapter 11, Section 11.10, Subd. 3A,

the property owner proposes to locate this shed with a one (1) foot setback

from the street right-of-way of Belmont Drive, which means that the

structure will be approximately 14 V2 feet from the curb of Belmont Drive;

and

WHEREAS, the Planning Commission believes that the owners'

proposed use of the property is reasonable; and

WHEREAS, the owners' desire to have the shed located near the

driveway is reasonable; and

WHEREAS, moving the shed from one side of the driveway will remove

the shed from the property line of an adjoining property owner and placing it

on the other side of the driveway will allow the shed to meet all required

setbacks, except the setback from Belmont Drive; and

WHEREAS, the Planning Commission finds that the Variance, if

granted, will not alter the essential character of the locality; and

WHEREAS, the Planning Commission finds that the owners' problems

are due to circumstances unique to the property in as much as the property

is somewhat pie shaped in nature, and both the front and rear of the

property abut on public streets; and

WHEREAS, the Planning Commission finds that the proposed use of the

property is in harmony with the general purposes and intent of the City

zoning ordinance and that the Variance as sought by the property owner will

not change the fact that the use proposed is in harmony with the general

purpose and intent of the ordinance; and

WHEREAS, the Planning Commission is satisfied that the strict

enforcement of the requirements of the zoning ordinance with regard to the

setback from Belmont Drive and the location of the shed would cause the

landowner practical difficulties with the use of the property;

NOW, THEREFORE, the Planning Commission recommends granting

the requested Variance.

Date:

PAYI\IESVILLE PLANNING COMMISSION

By: k g~R-Dan Roberts, Chairperson

GRANT OF VARIANCE

WHEREAS, the City Council of the City of Paynesville, acting as the Board of

Adjustment, has received a recommendation of the Planning Commission with

regard to a Variance application from Michael Wensmann and Ruth Hopfer

Wensmann, which Variance application is dated March 19, 2012; and

WHEREAS, the Planning Commission has recommended approval of the

requested Variance; and

WHEREAS, Michael Wensmann and Ruth Hopfer Wensmann are the owners of

a parcel of property located at 624 Hudson Street, Paynesville, MN 56362; and

WHEREAS, a public hearing on said Variance application was held on the 9th

day of May, 2012, at 6:30 p.m. at Council Chambers, Paynesville City Hall, 221

Washburne Avenue, Paynesville, MI\J 56362;

NOW, THEREFORE, the Board of Adjustment makes the following:

REPORTIFIN DINGS

1. The property in question is located at 624 Hudson Street, Paynesville, MN

56362.

2. The property in question is zoned "R-1" - Single & Two Family Residential

District.

\~

3. The property in question consists of a single Tax Parcel No.

70.39134.0000, and is legally described as follows, to-wit:

Lot Three (3), in Block Two (2) of Lindeman s Southview Acres,according to the plat and survey thereof on file and of record in theOffice of the County Recorder, in and for Stearns County, Minnesota.

4. The owners of the property described above are Michael Wensmann and

Ruth Hopfer Wensmann .

5. An appropriate Variance application has been filed and the required fee

was paid on March 20, 2012.

6. The Variance request seeks a variance from the 30 foot setback required

in City Code Chapter 11, Section 11.10, which provides that all detached accessory

buildings shall be set back a minimum of 30 feet from all street right-of-way lines

and asks that the applicants be allowed to place their 10' x 12' shed structure one

(1) foot from the street right-of-way for Belmont Drive, which will be approximately

14 112 feet from the existing curb.

7. The Planning Commission has reviewed the request for Variance and

recommends that the request be granted.

8. Notice of the public hearing on this Variance application before the full

Council, sitting as a Board of Adjustment, was given to all interested parties

notifying them of a hearing scheduled for May 9, 2012 at 6:30 p.m. at City Hall,

221 Washburne Avenue, Paynesville, MN 56362, said notices having been given in

accordance with the requirements of the laws of the State of l'v1innesota, and

Chapter 11 of the City Code of the City of Paynesville by publication, and by mailing

individual notices to owners of property according to assessment records within 350

feet of the parcel included in this request.

9. The Board of Adjustment finds that in this case the Variance is necessary

for the preservation and enjoyment of a substantial property right of the owners of

the property, similar to those possessed by other properties in the same district and

in the same vicinity.

10. The authorization of this Variance will not be a substantial detriment to

adjacent property and will not materially impair the intent and purpose of Chapter

11 of the City Code of the City of Paynesville, or the public interest or the public

safety.

11. The grant of Variance will not alter the essential character of the locality.

12. The grant of Variance to all the use of the property as proposed by the

property owners is in harmony with the general purpose and intent of the zoning

ordinance and the Variance, if granted, will not change the fact that the use of the

property is in harmony with the general purpose and intent of the ordinance.

13. The strict enforcement of the requirements of the zoning ordinance with

regard to the setback from Belmont Drive would cause the owners practical

difficulties with the use of the property.

14. In granting this Variance the Board of Adjustment imposes the following

conditions:

a) That the structure be placed and located on the above premises to

be set back no less than one (1) foot from the right-of-way line of Belmont Drive;

and

b) That the structure be placed and located on the above premises so

that the structure is set back approximately 14 112 feet from the curb of Belmont

Drive as now located.

VARIANCE

The Board of Adjustment, having received and reviewed the application for

Variance, and having taken public comment thereon, and having reviewed the

recommendation of the Planning Commission, and being fully advised, hereby

grants to Michael Wensmann and Ruth Hopfer Wensmann, the owners of the above-

described premises, a Variance to permit the location of a storage shed with a one

(1) foot setback from the right-of-way for Belmont Drive so that no part of the

storage shed is closer than one (1) foot off of the right-of-way of Belmont Drive,

and the storage shed is set back at least 14 112 feet from the curb of Belmont Drive

as now laid out in the City of Paynesville.

DATED: _Jeff Thompson, Mayor

ATIEST:

Renee Eckerly, City Administrator

THIS INSTRUIV1ENT DRAFTED BY:

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

\f}






Item Number: VII - E

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

City Administrator Evaluation - Goals

At the April 11 ,2012 City Council meeting it was suggested to set the goals for the CityAdministrator at some other meeting and that it does not have to be held in closed session.Discuss and set City Administrator goals.

Excerpt of minutes from the April 11 ,2012 City Council Meeting "It was questioned what are thegoals for the City Administrator to achieve a 4 or 5 on the evaluation. It was suggested to set thegoals at some other meeting. Spooner interjected that it does not have to be held in closedsession. It was suggested to have purposeful and positive dialog with the City Administrator, butcan't get into previous evaluation specifications."








Item Number: VII - F

ITEM DESCRIPTION: Emergency Management Director Position

Prepared by: Staff

COMMENTS:

Discuss starting the hiring process for a new Emergency Management Director.



Motion to start the hiring process for a new Emergency Management Director.






Item Number: VII-G

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Airport

Total Federal Share: $141,292.19Total Local Share: $23,637.44

Transfer of Funds for the Airport Construction FundFund 455 Airport Construction Fund currently has a negative balance. Ron Mergen hassuggested transferring $27,802.81 from Fund 125 Airport Capital Improvement to the SlurrySeal Dept. within Fund 455 to cover the local share of $23,637.44 and the state share of$4,165.37 for the slurry seal project. He also suggests transferring $20,700.00 from Fund 125Airport Capital Improvement to the Papi & Reil Dept. within Fund 455 to cover the local shareof that project.Slurry Seal: Total Eligible Costs: $169,095.00Total State Share: $4,165.37

Papi & Reil: Total Cost: $207,000.00Total State Share: $.00

Total FAA Share: $186,300.00Total Local Share: $20,700.00

Beacon RequestPlease review the attached beacon request from Joseph Furman.

April 2012 Terms and ConditionsPlease review the attached April 2012 Terms and Conditions which have been modified fromthe March 2011 Terms and Conditions.



A motion to transfer $27,802.71 from Fund 125 Airport Capital Improvement to the Slurry SealDept. of Fund 455 Airport Construction Fund and $20,700.00 from Fund 125 Airport CapitalImprovement to the Papi & Reil Dept. of Fund 455 Airport Construction Fund

Motion to approve the April 2012 Terms and Conditions.

April 24, 2012

Mayor Jeff ThompsonPaynesville City CouncilPaynesville City Hall221 Washburne AvenuePaynesville, MN 56362

RE: Airport Beacon - Paynesville Airport

Dear Mayor Thompson and Paynesville City Council:

This request to the City of Paynesville involves a serious safety factor involving use of theairport for all aircraft and pilots attempting to land at the Paynesville Airport. It is requested thatan airport beacon be installed as soon as possible.

On approach to the airport from the east at night under marginal conditions, the lights of thesurrounding area blend in and the airport is barely distinguishable. In addition, the newconstruction of the roads will add an additional hazard, with more lights surrounding the airport.

seph E. Furman (Airport Hanger Tenant)P.O. Box 534Richmond, MN 56368

cc: Ronald Mergen, Airport ManagerPaynesville City Hall221 Washburne AvenuePaynesville, MN 56362

.r

,tl

U.S, Departmentof Transportation

Federal AviationAdministration

April 20,2012

Mr. Ron MergenPublic Works Director221 Washburn AvenuePaynesville, Minnesota 56362

Re: April 2012 Terms and Conditions

Dear Mr. Mergen:

Great Lakes RegionMinneapolis Airports District Office6020 28tn Ave S,.Room 102Minneapolis, MN 55450

Enclosed is a copy of the April 2012 Terms and Conditions; which have been modified from theMarch 2011 Terms and Conditions. Please read carefully as there are significant changes. Theprincipal changes are reflected in the following four (4) areas:

1) current Advisory Circulars list has been updated2) new Grant Assurance3) new CCR grant condition4) new Single Audit grant condition

As in years past, pages 1, 8 and 32 must be completed and the Terms and Conditions returned to usprior to receiving a Fiscal Year 2012 Grant Offer.

Please sign and return the original Terms and Conditions to the Airports District Office no later thanJune 1,2012.

Sincerely,

A/~Steven J. ObenauerManagerMinneapolis Airports District Office

April 2012u. S. Departmentof TransportationFederal AviationAdministration

Terms and Conditions of AcceptingAirport Improvement Program Grants

Sponsor: _

Airport:_~--~------------~---

This document contains the terms and conditions of accepting Airport Improvement Program (AlP) grantsfrom 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 GrantOffer from the FAA that references this document. The terms and conditions may be unilaterallyamended by the FAA, by notification in writing, and such amendment will only apply to grants acceptedafter notification.

I. Certifications

Section 47105(d), Title 49 of the United States Code authorizes the Secretary to require certification fromsponsors that they will comply with statutory and administrative requirements. The following list ofcertified items includes major requirements for this aspect of project implementation. However, the list isnot comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory andadministrative standards. In accepting a grant, the sponsor certifies that each of the following items willbe complied with in the performance of grant agreements.. If a certification cannot be met for a specificproject, the sponsor mustfullyexplain in an attachment to the project application.

A. Sponsor Certification for Selection of Consultants

General procurement standards for consultant services within Federal grant programs aredescribed in 49 CFR 18.36. Sponsors may use other qualifications-based procedures prOVidedthey 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 ofinterest.

2. For any and all contracts over $25,QOO, consultants will be selected using competitiveprocedures based on qualifications, experience, and disadvantaged business enterpriserequirements with the fee determined through negotiation.

3. An independent cost analysis will be performed, and a retordof negotiations will be preparedreflecting the considerations involved in the establishment of fees for all engineeringcontracts with basic service fees exceeding $100,000.

Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 1of 32.1\\

4. If any services are to be performed by sponsor force account personnel prior approval mustbe 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 theproject.

6. All costs associated with work ineligible for AlP funding will be clearly identified andseparated from eligible items.

7. All mandatory contract provisions for grant-assisted contracts will be included in allconsultant services contracts.

8. If any contract is awarded without competition, pre-award review and approval will beobtained from FAA.

9. Cost-plus-percentage-of-cost methods of contracting prohibited under Federal standards willnot be used.

10. If services being procured cover more than a single grant project the scope of work will bespecifically described in the advertisement, and future work will not be initiated beyond fiveyears.

B. Sponsor Certification for Project Plans and Specifications

General AlP standards are described in Advisory Circulars 150/5100-6, 150/5100-15; and150/5100-16. A list of current advisory circulars with specific standards for design orconstruction of airports and procurement or installation of airport equipment and facilities isreferenced in Section III.C.24.

1. All plans and specifications will be developed in accordance with all current applicable Federalstandards and requirements, or state standard specifications developed under a Federalgrant, and no deviation from or modification to standards set forth in the adVisory circularswill be allowed without prior approval of the FAA.

2. All equipment specifications will rely on the national standards as contained inthe AdvisoryCirculars, without deviations, to the maximum extent possible. Specificationsfor theprocurement of equipment for which there is no Federal specification or standard, will not beproprietary nor written to restrict competition. If there is no national standard, or if thenational standard provides for a choice to be made, at least two manufacturers will assurethat they can meet the specification. A deviation from the national standard will require FAAapproval of the design standard modification.

3. All development to be included in any plans is depicted on an Airport Layout Plan approvedby FAA.

4. All development which is ineligible for AlP funding will either be omitted from the plans andspecifications or costs associated with ineligible or AlP non-participating items will beseparated and noted as non-AlP work and deducted from AlP project reimbursementrequests.

5. Process control and acceptance tests required for any and all projects by standards containedin Advisory Circular 150/5370-10 will be included in the project specifications.

Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 2of 32

6. If a value engineering clause is incorporated into any contract, concurrence will be obtainedfrom FAA.

7. All plans and specifications will incorporate applicable requirements and recommendations setforth in the Federally approved environmental finding.

8. For all construction activities within or near aircraft operational areas, the applicablerequirements contained in Advisory Circular 150/5370-2 will be discussed with FAA andincorporated into the specifications. A safety/phasing plan will be prepared, and prior FAAconcurrence will be obtained.

9. All projects will be physically completed without Federal participation in costs that are due toerrors or omissions in the plans and specifications that were foreseeable at the time ofproject design.

10. All Airport Layout Plan (ALP) revisions and proposals for facility construction clearance willinclude coordinates that are either surveyed or based on reference coordinates previouslyfound acceptable to FAA. The coordinates will be verified and found consistent with thedimensions shown on the· project sketch/ALP. The coordinates will be in terms of the NorthAmerican Datum of 1983.

11. All site elevations on Airport Layout Plan (ALP) revisions and proposals for constructionc1earancewill be within +/-0.1 foot vertically and the vertical datum will be in terms of theNational 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 proceduresreflecting State and local laws or regulations provided procurements conform to specificstandards in 49 CFR 18 and Advisory Circulars 150/5100-6, 150/5100-15, and 150-5100-16.

1. A code or standard of conduct will be in effect governing the performance of the sponsor'sofficers, employees, or agents in soliciting and awarding procurement contracts.

2. Qualified personnel will be engaged to perform contract administration, engineeringsupervision, and construction inspection and testing on all projects.

3. All procurement will be publicly advertised using the competitive sealed bid method ofprocurement. If procurement is less than $100,000, project may use three (3)' quotemethod.

4. All requests for bids will clearly and accurately describe all administrative and otherrequirements of the equipment and/or services to be proVided.

5. Concurrence will be obtained from FAA prior to contract award under any of the follOWingcircumstances:

a. Only one qualified person/firm submits a responsive bid,

b. The contract is to be awarded to other than the lowest responsive and responsiblebidder,

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 3of32\1;'\.

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 of100%, and a payment bond of 100%.

7. All contracts exceeding $100,000 will contain provisions or conditions specifyingadministrative, contractual, and legal remedies, including contract termination, for thoseinstances in which contractors violate or breach contract terms. They also will containprovisions requiring compliance with applicable standards and requirements issued underSection.306 ofthe Clean Air Act (42 USC 1857(h», Section 508 of the Clean Water Act (33USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part15).

8. All construction contracts involving labor will contain provisions insuring that in theemployment of labor preference will be given to honorably discharged Vietnam era veteransand disabled veterans.

9. All construction contracts exceeding $2,000 will contain provisions requiring compliance withthe Davis-Bacon Act and bid solicitations will contain a copy ofthe current Federal wage ratedetermination. Provisions requiring compliance with Sections 103 and 107 of the ContractWork 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 CFRPart 60 for compliance with Equal Employment Opportunity Executive Order 11246.

11. All contracts and subcontracts will contain clauses reqUired from Title VI Civil RightsAssurances and 49 CFR 26 for Disadvantaged Business Enterprises.

12. Appropriate checks will be made to assure that contracts or subcontracts are not awarded tothose individuals or firms suspended, debarred, or voluntarily excluded from doing businesswith any DOT element and appearing on the DOT Unified List.

D. Sponsor Certification for Real Property Acquisition

ReqUirements on real property acquisition and relocation assistance are in 49 CFR 24 and theUniform 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'sattorney 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'sintended 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 lifeof the project. The lessor is a public agency and the lease contains no provisions, whichprevent full compliance with the grant agreement.

4. Property will be in conformance with the current Exhibit A (property map). The propertymap is based on deeds, title opinions, land surveys, the approved Airport Layout Plan, andproject documentation.

Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 4of 32

5. For any and all acquisition of property interest in noise sensitive approach zones and relatedareas, property interest will be obtained to ensure land is used for purposes compatible withnoise levels associated with operation of the airport.

6. For all acquisition of property interest in runway protection zones and areas related to FARPart 77 surfaces, property interest will be obtained for the right of flight, right of ingress andegress to remove obstructions, right to make noise associated with aircraft operations, and torestrict the establishment of future obstructions.

.7. All appraisals will include va.luation data to estimate the current market value for the propertyinterest acquired on each parcel and will be prepared by qualified real estate appraisers hiredby the sponsor. An opportunity will be provided the property owner or their representativeto accompany appraisers during ,inspections.

8. All appraisals will be reviewed by a qualified review appraiser to recommend an amount forthe offer of just compensation. All written appraisals and review appraisal will be available toFAA for review.

9. A written offer to acquire property will be presented to the property owner for not less thanthe approved amount of just compensation.

10. Every effort will be made to acquire property through negotiation with no coercive action toinduce agreement. If negotiation is successful, project files will contain supportingdocuments for settlements.

11. If a negotiated settlement is not reached, condemnation will be. initiated and a court depositnot Jess than the just compensation will be made prior to possession of the property. Projectfiles will contain supporting documents for awards.

12. If displacement of persons, businesses, farm operations, or nonprofit organizations isinvolved, a relocation assistance program will be established. Displaced persons will receivegeneral information in writing on the relocation program, notice of relocation eligibility, and a90 day notice to vacate.

13. Relocation assistance services, comparable replacement housing, and payment of necessaryrelocation expenses will be provided within a reasonable time period for displaced occupantin 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 projectsare in 49 CFR 18.50. The sponsor shall determine that project costs are accurate and proper inaccordance with specific requirements of the Grant Agreement and contract documents.

1. All personnel engaged in project administration, engineering supervision, and constructioninspection 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, testlocations and results, instructions provided the contractor, weather, equipment use, laborrequirements, safety problems, and changes reqUired.

Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 5of 32 '\.0}

3. All weekly payroll records and statements of compliance will be submitted by the primecontractor 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 documentswill be submitted to the Department of Labor.

5. All tests specified in the plans and specifications will be performed and the test resultsdocumented. 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 andverified by the sponsor's internal audit of contract records kept by the resident engineer. Ifappropriate, 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 modificationsfrom the developed plans and specifications, except where approval will be obtained fromFAA. '

9. All final project inspections will be conducted with representatives of the sponsor and thecontractor. Project files will contain documentation of the final inspection.

10. All work in the Grant Agreement will be physically completed and corrective actions requiredas a result of the final inspection will be completed to the satisfaction of the constructioncontract and the sponsor.

11. As-built plans and an equipment inventory, if applicable, will be maintained as sponsorrecords. If requested, a revised Airport Layout Plan will be made available to FAA prior tostart of development.

12. All applicable close-out financial reports will be submitted to FAA within three (3) years of thedate 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 building(s) to befinanced with the assistance of the Federal Aviation Administration. Compliance will be met byadhering to at least one of the folloWing accepted standards:

1. Model codes found to provide a level of seismic safety substantially equivalent to thatprovided by use of the 1988 National Earthquake Hazards Reduction Prograrn (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 MillRoad, Whittier, California 90601. .

b. The 1992 Supplement to the Building Officials and Code Administration International(BOCA) National Building Code,·publishedby the BUilding Officials and CodeAdministrators, 4051 West Flossmoor Road, Country Club Hills, -Illinois 60478-5795.

Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 6of32

c. The 1992 Amendments to the Southern Building Code Congress (SBCC) StandardBuilding Code, published by the Southern Building Code Congress International, 900Montclair Road, Birmingham, Alabama 35213-1206.

2. Revisions to the model codes listed above that are substantially equivalent or exceed thethen current or immediately preceding edition of the NEHRP recommended provisions, as it isupdated, may be approved by the DOT Operating Administration to meet the requirements of49 CFR Part 41.

3. State, county, local, or other jurisdictional building ordinances adopting and enforcing themodel codes, listed above, in their entirety, without significant revisions or changes in thedirection 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'sworkplace and specifying the actions that will be taken against employees for violationsof 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 violationsoccurring in the workplace.

c. Making it a requirement that each employee to be engaged in the performance of a grantbe 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 ofemployment under a grant, the employee will:

(1) Abide by the terms of the statement.

(2) Notify the employer in writing ofhis or her conviction for a violation of a criminaldrug statue occurring in the workplace no later than five calendar days after suchconviction.

e. Notifying the agency in writing, within ten calendar days after receiving notice underparagraph d(2) from an employee or otherwise receiving actual notice of such conviction.Employers of convicted employees must provide notice including position title, to everygrantofficeror other designee on whose grant activity the convicted employee wasworking, unless the Federal agency has designated a central point for the receipt of suchnotices~ Notices shall include the identification number(s) of each affected grant.

~Page70f32 '0

f. Taking one of the following actions, within 30 calendar days of receiving notice underparagraph d(2) with respect to any employee who is so convicted:

Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012)

(1) Taking appropriate personnel action against such an employee, up to and includingtermination, consistent with the requirements of the Rehabilitation Act of 1973, asamended.

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance orrehabilitation program approved for such purposes by a Federal, State or localhealth, law enforcement, or other appropriate agency.

(3) l\<laking a good faith effort to continue to maintain a drug-free workplace throughimplementation of paragraphs (a), (b), (c), (d), (e), and (f).

2. The sponsor may insert inthe space provided below the site(s) for the performance of workdone in connection with grants:

Place of Performance (street address, city, county, state, zip code)

II. General Conditions

A. The allowable costs of all AlP funded project shall not include any costs determined by the FAAto 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 inaccordance with the provisions of such regulations and procedures as the Secretary shallprescribe. Final determinations of the United States' share will be based upon the final audits ofthe total amount of allowable project costs, and settlement will be made for any upward ordownward adjustments to the Federal share of costs.

C. The sponsor shall carry out and complete all AlP funded projects without undue delays and inaccordance with the terms hereof, and such regulations and procedures as the Secretary shallprescribe.

D. The FAA reserves the right to amend or withdraw a grant offer at any time prior to its acceptanceby the sponsor.

E. A grant offer will expire, and the United States shall not be obligated to pay any part of the costsof the project unless the grant offer has been accepted by the sponsor on or before 60 days afterthe grant offer but no later than September 30 of the Federal fiscal year the grant offer wasmade, 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 spentfraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any manner inany project upon which Federal funds have been expended. For the purposes of this grantagreement,the term"Federal·funds" means funds however used or disbursed by the sponsorthat were originally paid pursuant to this or any other Federal grant agreement. It shall obtainthe approval of the Secretary as to any determination of the amount of the Federal share of suchfunds. 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, alldocuments 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 8of 32 ~I'\t)

'"

any settlement, litigation, negotiation, or other efforts taken to recover such funds. Allsettlements or other final positions of the sponsor, in court or otherwise, involving the recoveryof 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 AlP funded project, the FAA determines that a grant amount exceeds theexpected needs of the sponsor by $25,000 or five percent (5%), whichever is greater, a grantamount can be unilaterally reducedby letter from FAA advising of the budget change.Conversely, with the exception of planning projects, if there is an overrun in the eligible projectcosts, FAA may increase a grant to cover the amount of the overrun not to exceed the statutoryfifteen (15%) percent limitation for primary airports. For non-primary airports, with theexception of planning projects, FAA may increase a grant to cover the amount of overrun by notmore than fifteen percent (15%) of the original grant amount for development and not morethan fifteen (15%) percent of the original grant portion pel1aining to land or by an amount not toexceed twenty-five percent (25%) of the total increase iri·allowable project costs attributable tothe acquisition of land or interests in land, whichever is greater, based on current credibleappraisals or a court award in a condemnation proceeding. FAA will advise the sponsor by letterof the increase. Planning projects will not be increased above the planning portion of themaximum obligation of the United States shown in the grant agreement. Upon issuance of eitherof the aforementioned letters, the maximum Obligation of the United States is adjusted to theamount specified. In addition, the sponsor's officially designated representative, is authorized torequest FAA concurrence in revising the project description and grant amount within statutorylimitations. A letter from the FAA concurring in the said requested revision to the project workdescription 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 paymentmay be used. It is understood and agreed that the sponsor agrees to request cash withdrawalson the letter of credit only when actually needed for its disbursements and to timely reporting ofsuch disbursements as required. It is understood that failure to adhere to this provision maycause the letter of credit to be revoked.

J. Unless otherwise approved by the FAA, it will not acquire or permit any contractor orsubcontractor to acquire any steel or manufactured products produced outside the United Statesto be used for any project for airport development or noise compatibility for which funds areprovided under this grant. The sponsor will include in every contract a provision implementingthis condition.

K. Single Audit Act Requirements. Single Audits are required in accordance with the Single Audit Actof 1984 (as amended) and OMB Circular A-133 "Audits of States, Local Governments, andNonprofit Organization," as referenced in Federal Regulation 49 CFR Part 18.26. Non-federalentities (airport sponsors including sub-grants recipients under the FAA's State Block GrantProgram) that expend $500,000 or more of federal funds in the sponsor's fiscal year must have asingle or program-specific audit conducted for that year. The $500,000 threshold represents allfederal funding sources, not just grants from the Federal Aviation Administration. Note: Airportsponsors that are part of a larger government entity (city or county) commonly are covered bythe larger entity's Single Audit submission, and should coordinate with such entity to ensure thissubmission fulfills their audit requirement. The audit report is due from the sponsor by theearlier date of either30daysafter receipt of the auditor's report(s), ornine months after the endof the sponsor's fiscal year end date and must be submitted electronically to the Federal AuditClearinghouse (FAC).

L. Trafficking In Persons

Terms and Conditions of Accepting Airport Improvement Program Grants (ApnI2012)

(Page90f32 \~S

(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 theaward 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 unilat¢rally terminate this award, withoutpenalty, if you or a subrecipient that is a private entity -

a) Is determined to have violated a prohibition in paragraph (a)(l) of this award term;or

b) Has an employee who is determined by the agency official authorized to terminatethe award to have violated a prohibition in paragraph (a)(l) of this award termthroughc:onduct that is either-

(1) Associated with performance under this award; or

(2) Imputed to you or the subrl;!cipient using the standards and due process forimputing the conduct of an individual to an organization that ar~ provided in 2CFR part 180, "OMB G.uidelines to Agencies on Governmentwide Debarment andSuspension. (Nonprocurement)/, as implemented by our agency at 49 CFR Part29.

(b) Provision applicable to a recipient other than a private entity. We as the Federal awardingagency may unilaterally terminate this award, without penalty, if a subrecipient that is aprivate entity--

(1) Is determined to have violated an applicable prohibition in paragraph (a)(1) of this awardterm; or

(2) Has an employee who is determined by the agency official authorized to terminate theaward to have violated an applicable prohibition in paragraph (a)(l) of this award termthrough 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 theconduct 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 alleginga violation of a prohibition in paragraph (a)(l) 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 underthiS award.

(3) You must include the requirements of paragraph (a)(l) of this award term in anysubaward you make to a private entity.

Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 10 of32

(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 performanceof the project or program under this award; or

b) Another person engaged in the performance of the project or program under thisaward and not compensated by you including, but not limited to, a volunteer orindividual whose services are contributed by a third party as an in-kind contributiontoward 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 involuntaryservitude, peonage, debt bondage, or slavery.

(3) "Private entity":

a) Means any entity other than a State, local government, Indian tribe, or foreign publicentity, 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 iri the definition of Indiantribe at 2 CFR 175.25(b).

(2) A for-profitorganization.

(4) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have themeanings given at section 103 of the lVPA, 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 recipientmust maintain the currency of your information in the CCR until you submit the final financialreport required underthis award or receive the final payment, whichever is later. Thisrequires that you review and update the information at least annually after the initialregistration, and more frequently if required by changes in your information or anotheraward term.

(b) Requirement for Data UniversalNumbering System (DUNS) Numbers

If you are authorized to make slibawards under this award, you:

1. Must notify potential subrecipients that no entity (see definition in paragraph Cof thisaward term) may receive a subaward from you unless the entity has provided its DUNSnumber to you.

2. May not make a subaward to an entity unless the entity has provided its DUNS numberto you.

(c) Definitions

For purposes of this award term:

1. Central Contractor Registration (CCR) means the Federal repository into which an entitymust provide information required for the conduct of business as a recipient: Additionalinformation about registration procedures may be found at the CCR Internet site(currently at http://www.ccr.gov).

Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 11 of 32

2. Data Universal Numbering System (DUNS) number means the nine-digit numberestablished and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify businessentities. A DUNS number may be obtained from D&B by telephone (currently 866-7055711) or the Internet (currently at http://fedgov.dnb.comjwebform).

3. Entity, as it is used in this award term, means all of the following, as defined at 2CFR part 25, subpart C:

a. A Governmental organization, which is a State, local government, or IndianTribe;

b. A foreign public entity;

c. A domestic or foreign nonprofit organization;

d. A domestic or foreign fot-profit organization; and

e. A Federal agency, but only as a subrecipient under an award or subaward toanon-Federal entity.

4. Subaward:

a. This term means a legal instrument to provide support for the performance ofany portion of the substantive project or program for which you received thisaward and that yO\! as the recipient award to an eligible subrecipient.

b. The term does not include your procurement of property and services neededto carry out the project or program (for further explanation, see Sec. 210 of theattachment to OMB Circular A-133, "Audits of States, Local Governments,and Non-Profit Organizations").. A subaward may be provided through anylegal 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 ofthe Federal funds provided by thesubaward.

c. A subaward may be provid~d through any legal agreement, including anagreement that you consider a contract.

III. Assurances. The following FAA document titled Assurances Airport Sponsors, dated April2012, is incorporated as part of these Termsand Conditions

AssurancesAirport Sponsors

April 2012A. General.

1. These assurances shall be complied with in the performance of grant agreements for airportdevelopment, airport planning, and noise compatibility program grants for airport sponsors.

Terms ~nd Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 12 of32

2. These assurances are required to be submitted as part of the project application by sponsorsrequesting funds under the provisions of Title 49, U.s.C., subtitle VII, as amended. As usedherein, the term "public agency sponsor" means a public agency with control of a public-useairport; the term "private sponsor" means a private owner of a public-use airport; and theterm "sponsor" includes both public agency sponsors and private sponsors.

3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in andbecome part of the grant agreement.

B. Duration and Applicability.

1. Airport development or Noise Compatibility Program Projects Undertaken by aPublic Agency Sponsor. The terms, conditions and assurances of the grant agreementshall remain in full force and effect throughout the useful life of the facilities developed orequipment acquired for an airport development or noise compatibility program project, orthroughout the useful life of the project items installed within a facility under a noisecompatibility program project, but in any event not to exceed twenty (20) years from thedate of acceptance of a grant offer of Federal funds for the project. However, there shall beno limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue solong 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 re.al 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 PrivateSponsor. the preceding paragraph 1 also applies to a private sponsor except that theuseful life of project items installed within a facility or the useful life of the facilitiesdeveloped or equipment acquired under an airport development or noise compatibilityprogram project shall be no less than ten (10) years from the date of acceptance of Federalaid for the project. .

3. Airport Planning Undertaken bya Sponsor. Unless otherwise specified in the grantagreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section mc apply toplanning projects. The terms, conditions, and assurances of the grant agreement shallremain in full force and effect during the life of the project.

C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grantthat:

1. General Feeleral Requirements. It will comply with all applicable Federal laws,regulations,executive orders, policies, guidelines, and requirements as they relate to theapplication, acceptance and use of Federal funds for this project including but not limited tothe following: .

Federal Legislation .

a. Title 49, U.S.c., subtitle VII, as amended.b. Davis-Bacon Act - 40 U.S.c. 276(a), et seq, 1c. Federal Fair Labor Standards Ad - 29 U.S.C. 201, et seq.d. Hatch Act - 5 U.S.C. 1501, et seq.2e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

Title 42 U.S.C. 4601, et seq.1,2f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.c. 470(f).1g. Archeological and Historic Preservation Act of 1974 - 16 U.S.c. 469 through

469c.1

Terms and Conditions of Accepting Airport Improvement Program Grants (ApnI2012) Page 13 of 32 \)~

h. Native Americans Grave Repatriation Act - 25 U.S.c. Section 3001, et seq.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.1

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 Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.p. American Indian Religious Freedom Act, P.L. 95-341, as amended.q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1

s. Contract Work Hours and Safety Standards Act - 40 U.S.c. 327, et seq.1t. Copeland AntikickbaCk Act - 18 U.S.c. 874. 1u. National Environmental Policy Act of 1969 - U.S.c. 4321 et seq.1v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2

x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.

Executive Orders

a. Executive Order 11246 - Equal Employment Opportunity1b. Executive Order 11990 - Protection of Wetlandsc. Executive Order 11998 - Flood Plain Managementd. Executive Order 12372 - Intergovernmental Review of Federal Programs.e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New

Building Construction1

f. Executive Order 12898 - Environmental Justice

Federal Regulations

a. 14 CFR Part 13 - Investigative al')dEnforcement ProGedures.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.1

e. 29 CFR Part 3 - Contractors and subcontractors on public building or public workfinanced in whole or part by loans or grants from the United States.1

f. 29 CFR Part 5 - Labor standards provisions applicable to contracts coveringfederally financed and assisted construction (also labor standards provisionsapplicable to non-construction contracts subject to the Contract Work Hours andSafety Standards Act).1

g. 41 CFRPart 60 - Office of Federal Contract Compliance Programs, EqualEmployment Opportunity, Department of Labor (Federal and federally assistedcontracting requirements).1

h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperativeagreements to state and local governments. 3

i. 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 of1964.

k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in AirportConcessions.


I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition forFederal and federally assisted programs.1,2

m. 49 CFR Part 26 ... Participation by Disadvantaged Business Enterprises inDepartment of Transportation Programs.

n. 49 CFR Part 27 ~ Nondiscrimination on the basis of handicap in programs andactivities receiving or benefiting from Federal financial assistance. 1

o. 49 CFR Part 29 - Government wide debarment and suspension (nonprocurement) and government wide requirements for drug-free workplace(grants).

p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods andservices of countries that deny procurement market access to U.S. contractors.

q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulatednew building construction.1

Office of Management and BUdget Circulars

a. A-87 - Cost Principles Applicable to Grants and Contracts with State and LocalGovernments.

b. A-133 - Audits of States, Local Governments, and \\Ion-Profit Organizations

1 These laws do not apply to airport planning sponsors.

2 These laws do not apply to private sponsors.

349 CFR Part 18 and OMS Circular A-87 contain requirements for State and LocalGovernments receiving Federal assistance. Any requirement levied upon Statea'nd Local Governments by this regulation and circular shall also be applicable toprivate spo,",sors 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 Al.IthQrity of the Sponsor.

a. Public Agency SponsQr: It has legal authority to apply for the grant, and to financeand carry out the proposed projecti that a resolution, motion or similar action has beendulv.ac;lopted or passed as an official act of the applicant's governing body authorizingthe filing of the application,including all understandings and assurances containedtherein, and directing and authoriZing the person identified as the official representativeof the applicant to act in connection with the application and to provide such additionalinformation as may be required.

b. Private Sponsor: It has legal authority to apply for the grant and to finance and carryout the proposed project and comply with all terms, conditions, and assurances of thisgrant agreement. It shall designate an official representative and shall in writing directand authorize that person to file this application, including all understandings andassurances contained thereini to act in connection with this applicationiand to providesuch additional information as may be required.

3. Sponsor Fund Availability. Ithas sufficient funds available for that portion of the projectcosts which are not to be paid by the United States. It has sufficient funds available toassure operation and maintenance of items funded under the grant agreement which it willown or control.

Terms and Conditions of Accepting Airport Improvement Program Grants (Apri/2012) Page 15013\,\\\

4. Good Title.

a. It, a public agency or the Federal government, holds good title, satisfactory to theSecretary, to the landing area ofthe airport or site thereof, or will give assurancesatisfactory 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 whichFederal funds will be expended or will give assurance to the Secretary that good title willbe 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 rightsand powers necessary to perform any or all of the terms, conditions, and assurances inthe grant agreement without the written approval of the Secretary, and will act promptlyto acquire, extinguish or modify any outstanding rights or claims of right of others whichwould interfere with such performance by the sponsor. This shall be done ina manneracceptable to the Secretary.

b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title orother interests in the property shown on Exhibit A to this application or, for a noisecompatibility program project, that portion of the property upon which Federal fundshave been expended, for the duration of the terms, conditions, and assurances in thegrant agreement without approval by the Secretary. If the transferee is found by theSecretary to be eligible underTitle 49, United States Code, to assume the obligations ofthe grantagreement and to have the power, authority, and financial resources to carryout all such obligations, the sponsor shall insert in the contract or document transferringor disposing of the sponsor's interest, and make binding upon the transferee all of theterms, conditions, and assurances contained in this grant agreement.

c. For all noise compatibility program projects which are to be carried out by another unit oflocal government orare on property owned by a unit of local government other than thesponsor, it will enter into an agreement with thpt government. Except as otherwisespecified by the Secretary, that agreement shall obligate that government to the sameterms, conditions, and assurances that would be applicable to it if it applied directly tothe FAA for a grant to undertake the noise compatibility program project. Thatagreement and changes' thereto must be satisfactory to the Secretary. It will take stepsto enforce this agreement against the local government if there is substantial noncompliance with the terms of the agreement.

d. For noise compatibility program projects to be carried out on privately owned property, itwill enter into an agreement with the owner of that property which includes provisionsspecified by the Secretary. It will take steps to enforce this agreement against theproperty owner whenever there is substantial non-compliance with the terms of theagreement.

e. If the sponsor- is a private sponsor, it will take steps satisfactory to the Secretary toensure that the airport will continue to function as a public-use airport in accordance withthese assurances for the duration oftheSe assurances.

f. If an arrangement is made for management and operation of the airport by any agencyor person other than the sponsor or an elTlployeeof the sponsor, the sponsor will reservesufficient rights and authority to insure that the airport will be operated and maintained

Terms and Conditions of Accepting Airport Improvement Program Grants (AprtI2012) Page 16 of 32

inaccordan~e Title 49, United States Code, the regulations and the terms, conditions andassurances in the grant agreement and shall insure that such arrangement also requirescompliance therewith.

g. Sponsors of commercial service airports will not permit or enter into any arrangementthat results in permission for the owner or tenant of a property used as a residence, orzoned for residential use, to taxi an aircraft between that property and any location onairport. Sponsors of general aviation airports entering into any arrangement that resultsin permission for the owner of residential real property adjacent to or near the airportmust comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsorassurances.

6. Consistency with Local Plans. The project is reasonably consistent with plans (existing atthe time of submission of this application) of public agencies that are authorized by the Statein which the project is located to plan for the development of the area surrounding theairport.

7. Consideration of Local Interest. It has given fair consideration to the interest ofcommunities .in or near where the project may be located..

8. Consultation with Users. In making a decision to undertake any airport developmentpr9ject under Title 49, United States Code, it has undertaken reasonable consultations withaffected parties using the airport at which project is proposed.

9. Public Hearings. In projects involVing the location of an airport, an airport runway, or amajor runway extension, it has afforded the opportunity for public hearings for the purposeof considering the economic, social, and environmental effects of the airport or runwaylocation and its consistency with goals and objectives of such planning as has been carriedout by the community and it shall, when requested by the Secretary, submit a copy of thetranscript of such hearings to the Secretary. Further, for such projects, it has on itsmanagement board either voting representation from the communities where the project islocated or has advised the communities that they have the right to petition the Secretaryconcerning a proposed project.

10. Air and Water Quality Standards. In projects involving airport location, a major runwayextension, or runway location it will provide for the Governor of the state in which the projectis located to certify in writing to the Secretary that the project will be located, designed,constructed, andoperated'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 andwater quality standards have been promulgated by the Administrator of the EnvironmentalProtection Agency, certification shall be obtained from such Administrator. Notice ofcertification or refusal to certify shall be provided within sixty days after the projectapplication has been received by the Secretary.

U. PavementPreventive Maintenance. With respect to a project approved after January 1,1995, for the replacement or reconstruction of pavement at the airport, it assures or certifiesthat it has implemented an effective airport pavement maintenance-management programand 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 suchreports on pavement condition and pavement management programs as the Secretarydetermines may be useful.

Terms and Conditions of Accepting Airport Improvement Program Grants (ApriI2012} Page 17 of32 ~~

12. Terminal Development Prerequisites. For projects which include terminal developmentat a public use airport, as defined in Title 49, it has, on the date of submittal of the projectgrant application, all the safety equipment required for certification of such airport undersection 44706 of Title 49, United States Code, and all the security equipment required by ruleor regulation, and has provided for access to the passenger enplaning and deplaning area ofsuch airport to passengers enplaning and deplaning from aircraft other than air carri~r

aircraft.

13. Accounting System, AUdit, and Record Keeping Requirements.

a. It Shall keep all project accounts and records which fully disclose the amount anddisposition by the recipient of the proceeds of the grant, the total cost of the project inconnection with which the grant is given or used, and the amount or nature of thatportion of the cost of the project supplied by other sources, and such other financialrecords pertinent to the project. The accounts and records shall be kept in accordancewith 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 thegrant. 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 relatingto the disposition of the proceeds of a grant or relating to the project in connection withwhich the grant was given or used,it shall file a certified copy of such audit with theComptroller General of the United States not later than six (6) months following the closeof the fiscal year for which the audit was made.

14. Minimum Wage Rates. It shall include, ill all 'Contracts in excess of $2,000 for work onany projects funded under the grant agreement which involve labor, provisions establishingminimum· rates of wages, to be predetermined by the Secretary of Labor, in accordance withthe Davis-Bacon Act, as amended (40 U.S.C 276a-276a-5), which contractors shall pay toskilled and unskilled labor, and such minimum rates shall be stated in the invitation for bidsand 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 fundedunder the grant agreement which involve labor, such provisions as are necessary to insurethat, in the employment of labor (except -in executive, administrative, and superVisorypositions), preference shall be given to Vietnam era veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans, disabled veterans, and small busineSs concerns owned andcontrolled 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 toperform 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, andschedules shall be submitted to the Secretary prior to commencement of site preparation,construction, or other performance under this grant agreement, and, upon approval of theSecretary, shall be incorporated into this grant agreement. Any modification to the approvedplans, specifications, and schedules shall also be subject to approval of the Secretary, andincorporated into the grant agreement.

17. Construction Inspection and Approval. It will provide and maintain competent technicalsupervision at the construction site throughout the project to assure that the work conforms


to the plans, specifications, and schedules approved by the Secretary for the project. It shallsubject the construction work on any project contained in an approved project application toinspection and approval by the Secretary and such work shall be in accordance withregulations and procedures prescribed by the Secretary. Such regulations and proceduresshall require such cost and progress reporting by the sponsor or sponsors of such project asthe 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 theplanning project and planning work activities.

c. It will include in all published material prepared in connection with the planning project anotice 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 nomaterial prepared with funds under this project shall be subject to copyright in theUnited States or any other country.

e. It will give the Secretary unrestricted authority to publish, disclose, distribute, andotherwise 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 specificconsultants and their subcontractors to do all or any part of this project as well as theright 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 todo all or any part of the project.

h. It understands and agrees that the Secretary's approval of this project grant or theSecretary's approval of any planning material developed as part of this grant does notconstitute or imply any assurance or commitment on the part of the Secretary to approveany 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 theairport, other than facilities owned or controlled by the United States, shall be operatedat all times in a safe and serviceable condition and in accordance with the minimumstandards as may be required or prescribed by applicable Federal, state and localagencies for maintenance and operation. It will not cause or permit any activity or actionthereon which would interfere with its use for airport purposes. It will suitably operateand maintain the airport and all facilities thereon or connected therewith, with dueregard to climatic and flood conditions. Any proposal to temporarily close the airport fornon-aeronautical purposes must first be approved by the Secretary. In furtherance ofthis 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, includingtemporary conditions; and

Terms and Conditions of Accepting Airport Improvement Program Grants (AprtI2012) Page 19 of 32

(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 foraeronautical use during temporary periods when snow, flood or other climatic conditionsinterfere with such operation and maintenance. Further, nothing herein shall beconstrued as requiring the maintenance, repair, restoration, or replacement of anystructure or facility which is substantially damaged or destroyed due to an act of God orother condition or circumstance beyond the control of the sponsor.

b. It will sUitably operate and maintain noise compatibility program items that it owns orcontrols upon which Federal funds have been expended.

20. Hazard Removal and Mitigation. It will take appropriate action to assure that suchterminal airspace as is required to protect instrument and visual operations to the airport(including established minimum flight altitudes) will be adequately cleared and protected byremoving, lowering, relocating, marking, or lighting or otherwise mitigating existing airporthazards and by preventing the establishment or creation of future airport hazards.

21. Compatible Land Use. It will take appropriate action, to the extent reasonable, includingthe adoption of zoning laws, to restrict the use of land adjacent to or in the immediatevicinity 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 compatibilityprogram implementation, it will not cause or permit any change in land use, within itsjurisdiction, that will reduce its compatibility, with respect to the airport, of the noisecompatibility 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 andwithout 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 priVilegeat the airport is granted to any person, firm, or corporation to conduct or to engage inany aeronautical activity for furnishing services to the public at the airport, the sponsorwill insert and enforce provisions requiringthecontractor to -

(1) furnish said services on a reasonable, and not unjustly discriminatory, basis to allusers 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 andnondiscriminatory discounts, rebates, or other similar types of price reductions tovolume 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 makingthe 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 fixedbased operator that is authorized or permitted by the airport to serve any air carrier atsuch airport.

Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 20 of 32 :J:E"--

e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant ofanother air carrier tenant) shall be subject to such nondiscriminatory and sUbstantiallycomparable rules, regulations, conditions, rates, fees, rentals, and other charges withrespect to facilities directly and substantially related to providing air transportation as areapplicable to all such air carriers which make similar use of such airport and utilize similarfacilities, subject to reasonable classifications such as tenants or nontenants andsignatory carriers and nonsignatory carriers. Classification or status as tenant orsignatory shall not be unreasonably withheld by any airport prOVided an air carrierassumes obligations substantially similar to those already imposed on air carriers in suchclassification 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 itsown 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 inthis assurance, the services involved will be provided on the same conditions as wouldapply to the furnishing of such services by commercial aeronautical service prOVidersauthorized by the sponsor under these provisions.

h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditionsto be met by all users of the airport as may be necessary for the safe and efficientoperation of the airport.

i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of theairport if such action is necessary for the safe operation of the airport or necessary toserve the civil aviation needs of the public.

23. Exclusive Rights. Itwill permit no exclusive right for the use of the airport by any personproviding, or intending.to provide, aeronautical services to the public. For purposes of thisparagraph, the providing of the services at an airport by a single fixed-based operator shallnot 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 fixedbased operator to prOVide such services, and

b. If allowing more than one fixed-based operator to prOVide such services would requirethe reduction of space leased pursuant to an existing agreement between such singlefixed-based operator and such airport.

Itfurther 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 prodiJcts whether or not conducted inconjunction with other aeronautical activity, repair and maintenance of aircraft, sale ofaircraft parts, and any other activities which because of their direct relationship to theoperation of aircraft can be regarded as an aeronautical activity,and that it will terminateany exclusive right to conduct an aeronautical activity now existing at such an airport beforethe 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 andservices 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~

circumstances existing at the particular airport, taking into account such factors as thevolume of traffic and economy of collection. No part of the Federal share of an airportdevelopment, airport planning or noise compatibility project for which a grant is made underTitle 49, United States Code, the Airport and Airway Improvement Act of 1982, the FederalAirport Act or the Airport and Airway Development Act of 1970 shall be included in the ratebasis 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 establishedafter December 30, 1987, will be expended by it for the capital or operating costs of theairport; the local airport system; or other local facilities which are owned or operated bythe owner or operator of the airport and which are directly and substantially related tothe actual air transportation of passengers or property; or for noise mitigation purposeson or off the airport. The following exceptions apply to this paragraph:

(1) If covenants or assurances in debt obligations issued before September 3, 1982, bythe owner or operator of the airport, or provisions enacted before September 3,1982, in governing statutes controlling the owner or operator's financing, provide forthe 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 oroperator's general debt obligations or other facilities, then this limitation on the useof all revenues generated by the airport (and, in the case of a public airport, localtaxes on aviation fuel) shall not apply.

(2) If the Secretary approves the sale of a privately owned airport to a public sponsorand provides funding for any portion of the public sponsor's acquisition of land, thislimitation on the use of all revenues generated by the sale shall not apply to certainproceeds from the sale. This is conditioned on repayment to the Secretary by theprivate owner of an amount equal to the remaining unamortized portion (amortizedover a 20-year period) of any airport improvement grant made to the private ownerfor any purpose other than land acquisition on or after October 1, 1996, plus anamount equal to the federal share of the current fair market value of any landacquired with an airport improvement grant made to that airport on or after October1, 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 49United States Code), if the FAA determines theairp'ort sponsor meets therequirements 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 willdirect that the audit will review, and the resulting audit report will provide an opinionconcerning, the use of airport revenue and taxes in paragraph (a), and indicatingwhether funds paid or transferred to the owner or operator are paid or transferred in amanner consistent with Title 49, United States Code and any other applicable provision oflaw, including any regulation promulgated by the Secretary or Administrator.

c. Any civil penalties or other sanctions will be imposed for violation of this assurance inaccordance with the provisions of Section 47107 of Title 49,United States Code.

26. Reports and Inspections. It will:


a. submit to the Secretary such annual or special financial and operations reports as theSecretary may reasonably request and make such reports available to the public; makeavailable to the public at reasonable times and places a report ofthe airport budget in aformat prescribed by the Secretary; .

b. for airport development projects, make the airport and all airport records and documentsaffectIng the airport, including deeds, leases, operation and use agreements, regulationsand other instruments, available for inspection by any duly authorized agent of theSecretary upon reasonable request;

c. for noise compatibility prpgram projects, make records and documents relating to theproject and continued compliance with the terms, co.nditions, and assurances of thegrant agreement including deeds, leases, agreements, regulations, and otherinstruments, available for inspection by any duly authorized agent of the Secretary uponreasonable request; and

d. in a format and time prescribed by the Secretary, provide to the Secretary and makeavailable 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 purposesfor which each such payment was made; and

(2) all services and property provided by the airport to other units of government andthe amount of compensation received for provision of each such service andproperty.

27. Use by Government Aircraft. It will make available all of the facilities of the airportdeveloped with Federal financial assistance and all those usable for landing and takeoff ofaircraft to the United States for use by Government aircraft in common with other aircraft atall times without charge, except, if the use by Government aircraft is substantial, charge maybe made for a reasonable share, proportionalto such use, for the cost of operating andmaintaining the facilities used. Unless otherwise determined by the Secretary, or otherwiseagreecl to by the sponsor and the using agency, substantial use of an airport by Governmentaircraft will be ,considered to exist when operations of such aircraft are in excess of thosewhich, in the opinion of the Secretary, would unduly interfere with use of the landing areasby other authorized aircraft, or during any calendar month that-

a. Five (5) or more Government aircraft are regularly based at the airport or on landadjacent thereto; or

b. The total number of movements (counting each landing as a movement) of Governmentaircraft is 300 or more, or the gross accumulative weight of Government aircraft usingthe airport (the total movement of Government aircraft multiplied by gross weights ofsuch aircraft) is in excess of five million pounds.

28. Land for Federal Facilities. It will·furnish without cost to the Federal Government for usein connection with any air traffic control or air navigation activities, or weather-reporting andcommunication activities related to air traffic control, any areas of land or water, or estatetherein, or rights in buildings of the sponsor as the Secretary considers necessary ordesirable for construction, operation, and maintenance at Federal expense of space orfacilities for such purposes. Such areas or any portion thereof will be made available asprovided 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 Of32\'\~

a. 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 theboundaries of all offsite areas owned or controlled by the sponsor for airport purposesand proposed additions thereto; (2) the location and nature of all existing and proposedairport facilities and structures (such as runways, taxiways, aprons, terminal buildings,hangars and roads), including all proposed extensions and reductions of existing airportfacilities; (3) the location of all existing and proposed non-aviation areas and of allexisting improvements thereon; and (4) all proposed and existing access points used totaxi aircraft across the airport's propertY boundary; Such Airport Layout Plans and eachamendment, revision, or modification thereof, shall be subject to the approval of theSecretary which approval shall be evidenced by the signature of a duly authorizedrepresentative of the Secretary on the face of the Airport Layout Plan. The sponsor willnot make or permit any changes or alterations in the airport or any of its facilities whichare not in conformity with the Airport Layout Plan as approved by the Secretary andwhich might, in the opinion of the Secretary, adversely affect the safety, utility orefficiency of the airport.

b. If a change or alteration in the airport or the facilities is made which the Secretarydetermines adversely affects the safety, utility, or efficiency of any federally owned,leased, or funded property on or off the airport and which is not in conformity with theAirport Layout Plan as approved by the Secretary, the owner or operator Will, ifrequested, by the Secretary (1) eliminate such adverse effect in a manner approved bythe Secretary; or (2) bear all costs of relocating such property (or replacement thereof)

·to a site acceptableto the Secretary and all costs of restoring such property (orreplacement thereof) to the level of safety, utility, efficiency, and cost of operationexisting before the unapproved change in the airport or its facilities except in the case ofa relocation or replacement of an existing airport facility due to a change in theSecretary'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 personshall, on the grounds of race, creed, color; national origin, sex, age, or handicap be excludedfrom participating in any activity conducted with or benefiting from funds received from thisgrant. This assurance obligates the sponsor for the period during which Federal financialassistance is extended to the program, except where Federal financial assistance is toprOVide, or is in the form of personal property or real property or interest therein orstructures or improvements thereon in which case the assurance obligates the sponsor orany transferee for the longerofthe following periods: (a) the period during which theproperty is used for a purpose for which Federal financial assistance is extended, or foranother purpose involving the provision of similar services or benefits, or (b) the periodduring 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 disposeof 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 isproportionate to the United States' share of acquisition of such land will, at the discretionof the Secretary, (1) reinvested in another project atthe airport, or (2) transferred toanother eligible airport as prescribed by the secretary. The Secretary shall givepreference to the following, in descending order, (1) reinvestment in an approved noisecompatibility project, (2) reinvestment in an approved project that is eligible for grantfunding under Section 47117(e)of title 49 United States Code, (3) reinvestment in anapproved airport development project that is eligible for grant funding under Sections47114,47115, 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 compatibilityproject at that airport, and (5) paid to the Secretary for deposit in the Airport and AirwayTrust Fund. If land acquired under a grant for noise compatibility purposes is leased atfair market value and consistent with noise buffering purposes, the lease will not beconsidered a disposal of the land. Revenues derived from such a lease may be used foran approved airport development project that would otherwise be eligible for grantfunding or any permitted use of airport revenue.

b. For land purchased under a grant for airport development purposes (other than noisecompatibility), it will, when the land is no longer needed for airport purposes, dispose ofsuch land at fair market value or make available to the Secretary an amount equal to theUnited States' proportionate share of the fair market value of the land. That portion ofthe proceeds of such disposition which is proportionate to the United States' share of thecost of acquisition of such land will, (1) upon application to the Secretary, be reinvestedor transferred to another eligible airport as prescribed by the Secretary. The Secretaryshall give preference to the following, in descending order: (1) reinvestment in anapproved noise compatibility project, (2) reinvestment in an approved project that iseligible for grant funcJing under Section 47117(e) of title 49 United States Code, (3)reinvestment in an approved airport development project that is eligible for grant fundingunder Sections 47114,47115, or 47117 of title 49 United States Code, (4) transferred toan eligible sponsor of another public airport to be reinvested in an approved noisecompatibility project at that airport, and (5) paid to the Secretary for deposit in theAirport and Airway Trust Fund.

c. Land shall be considered to be needed for airport purposes under this assurance if (1) itmay be needed for aeronautical purposes (including runway protection zones) or serveas noise buffer land, and (2) the revenue from interim uses of such land contributes tothe financial self-sUfficiency of the airport. Further, land purchased with a grant receivedby an airport operator or owner before December 31, 1987, will be considered to beneeded for airport purposes if the Secretary or Federal agency making such grant beforeDecember 31, 1987, was notified by the operator or owner of the uses of such land, didnot object to such use, and the land continues to be used for that purpose, such usehaving commenced no later than December 15, 1989.

d. Disposition of such land under (a), (b) or (c) will be subject to the retention orreservation of any interest or right therein necessary to ensure that such land will only beused for purposes which are compatible with noise levels and safety associated withoperation of the airport.

32. Engineering and Design Services. It will award each contract, or sub-contract forprogram management, construction management, planning studies, feasibility studies,architectural services, preliminary engineering, design, engineering, surveying, mapping orrelated services with respect to the project in the same manner as a contract for architecturaland engineering services is negotiated under Title IX of the Federal Property andAdministrative Services Act of 1949 or an equivalent qualifications-based requirementprescribed for or by the sponsor of the airport.

33. Foreign Market i{estrictions. It will not allow funds proVided under this grant to be usedto fund any project which uses any product or service of a foreign country during the periodin which such foreign country is listed by the United StatesTrade Representative as denyingfair and equitable market opportunities for products and suppliers of the United States inprocurement and construction.

Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012) Page 25 0132 \~ \

34. Policies, Standards, and Specifications. It will carry out the project in accordance withpolicies, standards, and specifications approved by the Secretary including but not limited tothe most current version, at the time the grant is signed, of the advisory circulars listedunder the following tabletitled "Current FAA Advisory Circulars Required for Use in AlPFunded and PFCApproved Projects", and in accordance with applicable state policies,standards, and specifications approved by the Secretary.

CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AlP FUNDED ANDPFC 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-circulars

70/7460-1K150/5000-13A

150/5020~1

~50/5070-66 andChange 1150/5070-7150/5100-136150/5200-28D150/5200-30C150/5200-336150/5210~5D

150/5210-7D150/5210-13C150/5210-146150/5210-15A150/5.21a-18Al.SO/5.210~19A

t50/5220-10E150/5220-16D150/5220-176150/5220-18A

150/5220-20 andChange 1150/5220-216

150/5220-22A150/5220-231.50/5220-24150/5300-76

150/5300-13 andChanges 1 -18

ObstructiOn IVlarkina and LiahtinaAnnouncement of Availability-'-RTCA Inc., Document RTCA-221,Guidance imd Recommended Requirements for Airports SurfaceMovement Sensors .Noise ContrOl and Compatibilitv PlanninQ for AirportsAirport Master Plans

The Airport System PlanninQ ProcessDevelopment of State.Standards for Non Primarv.AirportsNotices to Airmen (NOTAMS) for Airport OperatorsAirportWinterSafetv .and OperationsHazardous Wildlife Attractants On or Near Airportspainting, Marking and .lighting of Vehicles Used on an AirportAircraft Fire and Rescue·CommUnicationsAirporfWater Rescue Plans and EquipmentAircraft Rescue Fire Fighting Equipment, Tools, and ClothingAirport Rescue & FirefiahtinQ Station 6uildinQ DesiQnSystems.for lnteractive Train.ing of Airport personnelDriver's· Enhanced Vision SysteinJDEVS)Guide Specification for Aircraft Rescue and.Firefiahtina VehiclesAutomated Weather Observina Systems fOI" Non-Federal ApplicationsAircraft Rescue and Firefightiog (ARFF) Training Facilities6uildiligsfor Storage and Maintenance of Airport Snow and Ice Control.Eauipment and.·MaterialsAirport Snow and ICe Control EqUipment

Guide Specification for Lifts Used to 60ard Airline Passengers WithMobility ImpairmentsEngineered Materials Arrestina System (EMAS) for Aircraft OverrunsFrangible Connections.Foreign· Object Debris Detection Equipment·FAA Policy on FacilitY Relocations Occasitiol'1ed by Ariport Imrpovementor ChandesAirport Design


of 32 1: '7

NUMBI;R ·UTLE.150/5300-14B DesiCln of Aircraft DeicinCl Facilities.150/5300-16A General Guidance and Specifications for Aeronautical Surveys:

Establishment of Geodetic Control and Submission to the NationalGeodetic Survey

150/5300-17C General Guidance and Specifications for Aeronautical Survey AirportImaClery Acauisition and Submission to the National Geodetic Survey

150/5300-18B General Guidance and Specifications for Submission of AeronauticalSurveys to NGS: Field Data Collection and Geographic InformationSystem (GIS) Standards

150/5320-5C SLirface Drainage Designand Change 1150/5320-6E Airport Pavement Design and Evaluation150/5320-12C and Measurement, Construction, and Maintenance of Skid Resistant AirportChanaes 1 - 8 Pavemen~ Surfaces150/5320-15A Mariaaeriiel1t of Airport Industrial Waste150/5325-4B Runway Length Reauirements for Airport Design150/5335-5B St~uldardizedMethodof Reporting Airport Pavement Strength PCN150/5340-1K .Standards for Airport Markings.150/5340-5C SeClmented Circle Airport Marker System150/534()-18F Stal1dardsfor Airport Sign Systems150/5340-30F Design and Installation Details for Airport Visual Aids150/5345-3G. specification for L821 Panels for the Control of Airport Lighting150/5345-5B CircuitSelector Switch1505345-7E Specification for L824 Underground Electrical Cable for Airport Lighting

Circuits150/5345-'lOG Soecifjcation for Constant Current Reaulators Reaulator Monitors150/5345-12F speCification for Airport and Heliport Beacon150/5345-13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control

of Airport Lighting Circuits150/5345-26D Specification for L823 Plua and Receptacle Cable Connectors150/5345-270 Specification for Wind Cone AssemblieslSO/5345-28G Precision Approach Path Indicator (PAP!) Systems150/5345-390 FAA Specification L853, Runway and Taxiway Retroreflective Markers150/5345-42F SpeCification for Airport Light Bases, Transformer Housings, Junction

Boxes and Accessories150/5345':43F SpeCification for Obstruction Lighting EQUipment150/5345-44J Specification for Taxiway and Runway Signs150/5345-45C .. LoW-ImoactResistant (L[R) Structures150/5345-460 Specification for Runway and. Taxiway LlClht Fixtures150/5345-47C Specifications for Series to Series Isolation Transformers for Airport

Lighting System150/5345-49C SpecificationL854, Radio Control Equipment150/5345-50B Specification for Portable Runway and Taxiway Lights150/5345-51B Specification for DischarCle-Type Flasher Eauipment150/5345-52A Generic Visual Glideslope Indicators(GVG!)150/5345-53C Airport LiClhtinCi Equipment Certification Program150/5345-54B Specification for L-1884, Power and Control Unit for Land and Hold

Short150/5345-55A SpeCification for L893,Ughted Visual Aid to Indicate Temporary Runway

Closure

Terms and Conditions of Accepting Airport Improvement Program Grants (April 2012)

NUMBER TlILE150/5345-568 Specification for L-890 Airport Lighting Control and Monitoring System

(ALCMS) .150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations150/5360-12E Airport Signing and Graphics150/5360-13 and Planning and Design Guidance for Airport Terminal FacilitiesChanqe 1150/5360-14 Access to Airports By Individuals With Disabilities150/5370-2F Operational Safety on Airports During Construction150/5370-10F Standards for Specifying Construction of Airports150/5370-118 Use of Nondestructive Testing Devices in the Evaluation of Airport

Pavement150/5380-68 Guidelines and Procedures for Maintenance of Airport Pavements150/5390-2B .Heliport Design150/5395-1 Seaplane Bases150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport

Grant Prolects150/5100-15A Civil Rights Reauirements for the Airport Improvement Program150/5100-17 and Land Acquisition and Relocation Assistance for Airport ImprovementChanges 1-6 Program Assisted Projects150/5200-37 Introduction to Safety ManaQement Systems(SIVlS) for Airport Operators150/5300-15A Use of Value Engilleeringfor Engineering Design of Airports Grant

Projects150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals150/5370-6D and Construction Progress and Inspection Report - Airport Grant ProgramChanges 1-4150/5370-12A Quality Control of Construction for Airport Grant Prolects150/5370-13A Offpeak Construction of Airport Pavements Using Hot-MixAsohalt150/5380-7A Airport·pavement Management Program

35. Relocation and Real Property Acquisition. (1) It will be gUided in acquiring realproperty, to the greatest extent practicable under State law, by the land acquisition policiesin Subpart B of 49 CFR Part 24 and will· payor reimburse property owners for necessaryexpenses as specified· in Subpart B. (2) It will provide a relocation assistance programoffering the services described in Subpart Cand fair and reasonable relocation payments andassistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It willmake available within a reasonable period of time prior to displacement, comparablereplacement dwellings to displaced persons in accordance with Subpart Eof 49 CFR Part 24.

36. Access By Intercity Buses. The airport owner or operator will permit, to the maximumextent practicable, intercity buses or other modes of transportation to have access to theairport; however, it hasno obligation to fund special facilities for intercity buses or for othermodes oftransportation.

37. Disadv,antaged Business Enterprises. The recipient shall not discriminate on the basis ofrace, color, national origin or sex in the award and performance of any DOT-assisted contractor in the administrati()n ()f its DBE program or the requirements of 49 CFR Part 26. TheRecipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient'sDBE program, as reqUired by 49 CFR Part 26, and as approved byDOT, is incorporated byreference in this agreement. Implementation of this program is a legal obligation and failureto carry out its terms shall be treated as a violation of this agreement. Upon notification to


the recipient of its failure to carry out its approved program, the Department may imposesanctions as provided for under Part 26 and may, in appropriate cases, refer the matter forenforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801).

38. Hangar Construction. If the airport owner or operator and a person who owns an aircraftagree thata hangar is to be constructed at the airport for the aircraft at the aircraft's owner'sexpense, the airport owner or operator will grant to the aircraft owner for the hangar a longterm lease that is subject to such terms and conditions on the hangar as the airport owner oroperator may impose.

39. Competitive Access.

a. If the airport owner or operator of a medium or large hub airport (as defined in section47102 of title 49, U.S.c.) has been unable to accommodate one or more requests by anair carrier for access to gates or other facilities at that airport in order to allow the aircarrier to provide service to the airport or to expand service at the airport, the airport0Yiner or operator shall transmit a report to the Secretary that:

(1) Describes the requests;

(2) Provides an explcmation as to why the requests could not be accommodated; and

(3) Provides a time frame Within, if any, the airport will be able to accommodaterequests.

b. Such report shall be due on either February 1 or August 1 of each year if the airport hasbeen unableto accommodate the request(s) in the six month period prior to theapplicable due date.

IV. Standard DOT Title VI Assurances

The sponsor hereby agrees that as a condition to receiving Federal financial assistance from theDepartment 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 49CFR Part 21, - Nondiscrimination in Federally AssistedPrograms of the Departrnent of Trallsportation -- Effectuation of Title VI of the Civil Rights Act of 1964(hereinafter referred to as the "Regulations'') to the.elid that no person in the United States shall, on theground of race, color, or national origin, be excllld.ed from participation in; be denied the benefits of, orbe otherwise subjected to discrimination under any program or activity for which the applicant receivesFederal financial assistance and will immediately take any measures necessary to effectuate thisagreement Without limiting the abqvegeneral 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 conductedor 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 ofthis contract the contractor, for itself, its assignees and successorsin interest (hereinafter ref~rred to as the ''contractor'? agrees as follows:

1. Compliance with Regulations, The contractor shall comply with the Regulations relative tonondiscrimination in federally assistedprograms ofthe Oepartment of Transportation(hereinafter, "DOT'? Title 49, ·Code ofFederal Regulations, Part 21, .as they may be amended


from time to time (hereinafter referred to as the Regulations), which are herein incorporated byreference and made a part ofthis contract.

2. Nondiscrimination. The contractor, with regard to the work performedby itduring thecontract, shall not discriminate on the grounds ofrace, color, or national origin in the selectionand retention ofsubcontractors, including procurements ofmaterials and leases ofequipmentThe contractor shall notparticipate either directly or indirectly in the discrimination prohibited bysection 21.5 ofthe Regulations, including employmentpractices when the contract covers aprogram set forth in Appendix B of the Regulations.

3. Solicitations for Subcontracts, Including Procurements ofMaterials and Equipment In allsolicitations either by competitive bidding or negotiation made by the contractor for work to beperformed under a subcontract, including procurements ofmaterials or leases ofequipment,each potential subcontractor or supplier shall be notifiedby the contractor of the contractor'sobligations under this contract and the Regulations relative to nondiscrimination on the groundsofrace, color,· or national origin.

4. Information andReports. The contractor shallprovide all information and reports required bythe Regulations or directives issuedpursuant thereto andshallpermit access to its books,records, accounts, other sources ofinformation, and its facilities as may be determined by thesponsor or the FederalAviation Administration (FAA) to be pertinent to ascertain compliance withsuch Regulations, orders, and instructions. Where any information required ofa contractor is in

. the eXclusivepossession ofanother who fails or refuses to furnish this information, the contractorshall so certify to the sponsor or the FAA, as appropriate, andshall set forth what efforts it hasmade to obtain the information;

S. Sanctions or Noncompliance. In the event ofthe contractor's noncompliance with thenondiscrimination provisions ofthis contract, the sponsor shall impose such contract sanctions asit or the FAA may determine to be appropriate, including, but not limited to:

a. Withholding ofpayments to the contractor under the contract until the contractorcomplies, and/or

b. Cancellation, termination, or suspension ofthe contract, in whole or in part.

6. Incorporation ofProvisions. The contractorshallinclude the provisions ofparagraphs 1through 5 in everySUbcontract, including procurements ofmaterials and leases ofequipment,unless exempt by the Regulations or directives issuedpursuantthereto. The contractor shalltake such action with respect to anysubcontract or procurement as the sponsor. "

C. Where Federal financial assistance is received tdconstruct a facility, or part of a facility, theassurance 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 aninterest in real property, the assurance shall extend to rights to space on, over, or under suchproperty.

E. It will include the following clauses, as appropriate:

"1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personalrepresentatives, successors in interest, and assigns, as a part ofthe consideration hereof, doeshereby covenant andagree (in the case ofdeeds an(lleasesadd "as a covenant running with theland'/thatin the event facilities are constructed, maintained, or dtherwiseoperated on the saidpropertydescribed in this (deed, license, lease, permit, etc.) lor a purpose for which a DOT


program or activity is extended or for anotherpurpose involving the provision ofsimilar servicesor benefits, the (grantee, licensee, leasee, permitee,etc.) shallmaintain andoperate suchfacilities andservices in compliC!nce with .all other requirements imposedpursuant to 49 CFR Part21, 1V0ndiscrimination in Federally AssistedPrograms ofthe Department of Transportation, andas said Regulations may be amended

2. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personalrepresentatives, successors in interest; an(l assigns, as a part ofthe consideration hereof, doeshereby covenant andagree (in the case ofdeeds and leases add '\:1s a covenant running with theland") that: (1) no person on the grounds ofrace, color, or national origin shallbe excluded fromparticipation in, denied the benefits of, or be otherwise subjected to discrimination in the use ofsaid facilities, (2) that in the construction ofany improvements on, over, or under such land andthe furnishing ofservices thereon, no person on the grounds ofrace, color, or nationaloriginshall be excluded from participation in, denied the benefits of, or otherwise be subjected todiscrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises incompliance with all other requirements imposed by orpursuant to 49 CFR Part21,Nondiscrimination in Federally AssistedPrograms ofthe Department of Transportation, andassaid Regulations may be amended, ofthe FAA may direct as a means ofenforcing suchprovisions including sanctions or noncompliance. PrOVided, however,. that in the eventa contractbecomes involved in, or is threatened with, litigation with a subcontrilctor orsupplier as a resultofsuch direction, the contractor may request the sponsor to enter into such litigation to protectthe interests ofthe sponsor and, in addition, the contractor may request the United States toenter into such litigation to protect the interests ofthe United States. "

as a covenant running with the land, in any future deeds, leases, permits, licenses, and similaragreements entered into by the sponsor with other parties:

1. for the subsequent transfer of real property acquired or improved with Federal financialassistance under this Project; and

2. for the construction or use of or access to space on, over, or under real property acquired orimproved with Federal financial assistance under this Project.

F. This assurance obligates the sponsor for the period during which Federal financial assistance isextended to the program, except where the Federal financial assistance is to prOVide, or is in theform of personal property or real property or interest therein or structures or improvementsthereon, in which case the assurance obligates the sponsor or any transferee for the longer ofthe following periods.

1. the period during which the property is used for a purpose for which Federal financialassistance is extended, or for another purpose involving the provision of similar services orbenefits, 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 Secretaryof Transportation or the official to whom he delegates specific authority to give reasonableguarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees,successors in interest, and other participants or Federal financial assistance under such programwill comply with all requirements imposed or pursuant to the Act, the Regulations, and thisassurance.

Page 31 of 32 \~'\

H. It agrees that the United States has a right to seek judicial enforcement with regard to anymatter arising under the Act, the Regulations, and this assurance.

Terms and Conditions of Accepting Airport Improvement Program Grants (ApnI2012)

This assurance is given in consideration of and for the purpose of obtaining Federal financial ACE-1450 StandardDOT 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 personswhose 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 theSponsor, the Sponsor agrees to accomplish the projects within the terms and conditionscontained herein.

Name of Sponsor

SignatureSpollsor'sDesignatedOfficial Representative

Title

Dated







Item Number: VII-H

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

Hwy.23

Chuck DeWolf/Ron Mergen/Renee Eckerly will give a verbal report. Discuss ribbon cuttingceremony.








Item Number: VII - I

ITEM DESCRIPTION:

Prepared by: Staff

COMMENTS:

MPCA - Former Midtown Service Station

Ron Mergen will give a verbal report.

Please review the attached email from Laura Kania and Additional Site Assessment andOperation/Maintenance Work Plan from Terracon.



Jennifer Welling

From:Sent:To:Subject:

For Council

Renee Ecl<erlyCity AdministratorCity of Paynesville(320) 243-3714 ext. 227Fax (320) 243-3713

Renee EckerlyTuesday, May 01,20124:19 PMJennifer WellingFW: Project Update, Former Midtown Service Station, Paynesville, LEAK131

.From: Kania, Lauralin (MPCA) [mailto:[email protected]]Sent: Tuesday, May 01,20123:47 PMTo: Ron Mergeni Renee EckerlyCc: Robertson, Steve (MDH)i Kanner, Michael (MPCA)i Milless, Don (MPCA)i Stock, Paul (MPCA)i Wiese, PaulSubject: Project Update, Former Midtown Service Station, Paynesville, LEAK131

Ron, Renee-

The following work was completed during April regarding the former Midtown Service Station project:

-Operation and maintenance of CW-4.

-Measured monitoring well riser and ground elevations.

-Attended a technical meeting in Paynesville.

Additionally, you should have received a copy ofthe work plan for work to be completed this May and June.

Let me know if you or the Council members have any questions regarding this past month's activities.

Sincerely,

Laurie Kania

MPCA

Petroleum Remediation Program

218/302-6639

1

lrerracanApril 25, 2012

Sent via email / 1st Class Mail

Minnesota Pollution Control AgencyRemediation Division - Petroleum Remediation Program525 South Lake Avenue, Suite 400Duluth, Minnesota 55802

Attention:

Regarding:

Ms. Laurie KaniaPh: (218) 302-6639; Fax: (218) 723-4727Email: [email protected]

Additional Site Assessment and Operation I Maintenance Work PlanPaynesville Municipal Water Supply I Former Midtown Service Station400 Lake Avenue SouthPaynesville, Minnesota 56362Terracon Project No. 41987018/ Proposal No. P41120117AMPCA Site ID #: LEAK00000131

INTRODUCTIONTerracon Consultants, Inc. (Terracon) is pleased to present this Work Plan for performingcontinued remedial system operation I maintenance activities and additional site assesSmentactivities at the above referenced site. The additional site assessment activities will involveinstalling ~dditional monitoring wells. The proposed scope of services is in general accordancewith that discussed during our telephone conversation on April 23, 2012.

CONFLICT OF INTERESTTo the best of Terracon's knowledge and belief, no conflict of interest would be created by ourperformance of services for the MPCA at this site. To the best of our knowledge, no relationshipexists between Terracon, its parent company, affiliates, subcontractors and subsidiaries, or anypotentially responsible party involved with this site.

SCOPE OF SERVICESThis Work Plan proposes performing quarterly operation/maintenance (O/M) activities associatedwith the continued operation and sampling of the City Well CW-4 to contain the dissolved phasepetroleum plume and additional site assessment activities focused on delineating the horizontaland vertical extent of the dissolved phase petroleum plume. Specifically, Terracon proposes thefollowing:

Tasks 11 to 12 - Additional Assessment, Groundwater Monitoring and CW-4 Operation IMaintenanceAccess Agreements and Health and Safety PlanAccess agreements already exist between the MPCA and various property owners wheremonitoring wells are currently located and with the City of Paynesville. The MPCA recentlypurchased the site property. Access and well permitting activities for the new monitoring wells areanticipated to involve meeting with the City of Paynesville to review potential drilling locations and

Terracon Consultants, Inc. 3535 Hoffman Road East White Bear Lake, Minnesota 55110P [651]770-1500 F [651]770-1657 terracon.com

Geotechnical • Environmental • Construction Materials • Facilities

Additional Assessment and Operation I Maintenance Work PlanPaynesville Municipal Water Supply !!I Paynesville, MinnesotaApril 25, 2012 0 Terracon Proposal No. P41120117A

lrerracanthen submitting an access agreement and monitoring well permit application for to variousproperty owners for the well locations.

This Work Plan assumes that Level D safety precautions are adequate. The health and safetyplan developed by Terracon for prior field activities will be used for this phase of the project. Thecost estimate will be increased accordingly should site conditions warrant Level D modified ormore stringent health and safety procedures.

Additional Assessment ActivitiesPublic utilities shall be cleared prior to the initiation of field activities using Gopher-State-One-Call.The locations of the monitoring wells may be limited because of the lack of information and/or thepresence of utilities.

Terracon will subcontract a qualified drilling firm to install up to 10 near water table monitoringwells, four intermediate depth monitoring wells and five deep monitoring wells. The soil borings forthe deep monitoring well will be advanced using a rota-sonic drilling method and are anticipated tohave a maximum depth of 110-feet. The soil borings for the intermediate monitoring wells will beinstalled using a hollow stem auger drilling method and are anticipated to have a maximum depthof 70-feet. The soil borings for the near water table monitoring well will be advanced using ahollow stem auger drilling method and are anticipated to have a maximum depth of 35-feet. Themonitoring well locations will be determined based upon discussions with MPCA staff and the Cityof Paynesville. The actual well locations will be adjusted based upon the location of utilities,accessibility and data collected from the soil borings. Subcontracting activities are described inTask S. Continuous soil samples will be collected from the soil borings using a core barrel (rotasonic) or split barrel sampler (hollow stem auger). Based upon field conditions the samplingintervals may be adjusted at the discretion of our field scientist.

Terracon will screen soil samples recovered from each soil boring in the field for the presence oforganic vapors using a photo-ionization detector (PID) eqUipped with a 10.6 eV lamp. Select soilsamples may be collected from the soil borings for laboratory analysis to characterize thesubsurface and provide data for the off-site disposal of the soil. The soil sampling strategy issummarized in the table below.

~_. ~ ...

Location Samplell Depth Parameter Method Container / Pres.

NewMWs - 0-110ft USCS (field) ASTM 02487 None

NewMWs . 0-110 ft Field Logging (field) ASTM 05434 None

NewMWs - 0-110 ft Moisture Content ASTM 02216/04643 None(field)

NewMWs - 0-110ft Oensity (field) ASTM 04292/D2937 None

NewMWs - 0-110ft Soil Organic Vapor MPCA Ziplock Bag

DPE and MW Wells 20 0-110ft BTEXlMTBE/GRO EPA 80211W1 GRO 2G-40 ml w/1 Og +MaOH6 ORO WI ORO 2G-4 oz w/25g20 Soil Moist. Content EPA 160.3 1P-Moisture Cup2 Total Lead 2 EPA 6010 1G-4oz2 RCRA Metal TCLP 2 EPA 1311/6010 2G·40z2 VOCs TCLp 2 EPA 1311/8260 2G-4oz

Trip Blanks 2 - BTEXlMTBE/GRO EPA 80211W1 GRO 1G-40 ml MeOH- Soil samples based upon high PID reading.

2- Composite soil sample.

Soil Chemical and Physical Analyses - Monitoring Wells

Reliable iii Responsive IIiI Convenient iii Innovative 2

Additional Assessment and Operation I Maintenance Work PlanPaynesville Municipal Water Supply Ifl Paynesville. MinnesotaApril 25, 2012 IJ Terracon Proposal No. P41120117A

lrerracan

The water table monitoring wells will be constructed with 2-inch diameter flush threaded Schedule40 PVC well casing instrumented with a 5- or 10-foot length of continuous #10 slot Schedule 40PVC well screen with the top of screen set near the top of the upper sand unit or portion of theunit with a high hydraulic conductivity. The intermediate depth monitoring wells will be constructedwith 2-inch diameter black steel well casing instrumented with a 5-foot length of wire wrapped #10slot stainless weil screens with the top of screen set near the top of the lower sand unit. The deepmonitoring wells will be constructed with 2-inch diameter black steel well casing instrumented witha 5-foot length of wire wrapped #10 slot stainless well screens with the screen set within the basalgravel zone of the lower sand unit. A filter pack sized for a #10 slot screen (#10 Red Flint) will be

. installed in the borehole annular space to approximately 2-feet above the top of the screen andthen a finer filler sand will be placed to approximately 3-foot above the top of the screen. Theremainder of the annular space will be filled with 2-feet of bentonite seal and then bentonite groutto the surface. The monitoring wells in green areas will be completed with 6-inch diameter steelprotops with locking covers. The monitoring wells in drive areas will be completed as near gradewells with locking expansion caps. The monitoring wells will be developed by the drillingsubcontractor by surging and pumping until the water is clear, no longer improves, or for amaximum of one hour.

The ground surface and top of well casing elevations for each of the test wells will be measured tothe site datum.

Downhole tools will be cleaned using a high-pressure hot water wash prior to mobilization to thesite. Decontamination activities will consist of washing the down-hole equipment with an Alconoxand water solution, and rinsing with potable water. This Work Plan assumes that cleaning fluids,purging fluids and soil cuttings will thin spread on or near the site. This Work Plan assumes thatdrill cuttings from borings advanced on or near the Midtown property may need to becontainerized for off-site disposal as there is limited space on site for thin-spreading the soilcuttings. This Work Plan does not include funds for off-site disposal of soil cuttings because therewill not be sufficient time to complete the work prior to the fiscal year end.

CW-4 Operation I MaintenanceTerracon will coordinate the operation of City Well CW-4 with the assistanc~ of the City ofPaynesville in an effort to contain the dissolved phase petroleum plume. Coordination activitieswill include quarterly monitoring of fluid levels in piezometer PZ-1; documenting the pumping rateand total gallons pumped; periodic adjustment of the pumping rate and maintenance activities;NPDES permitting requirements; and submission of data to MPCA Staff and the City ofPaynesville. The groundwater pumping rate will be adjusted, when necessary, in order tomaximize the efficiency of the system and to establish an extraction rate that limits migration ofthe dissolved phase petroleum plume in the direction of City Well CW-4 to the north, or monitoring'wells DW-3R, DW-7S, DW-7D, DW-9 and City Wells CW-5 through CW-7 to the east. This WorkPlan includes funds for one site visit to sample City Well CW-4 and provide oversight duringmaintenance work on City Well CW-4. This Work Plan includes limited funds in Task S forsubcontractor maintenance activities on City Well CW-4.

Groundwater Monitoring ActivitiesTerracon will collect quarterly groundwater samples from City Well CW-4 on one occasion. The

samples will be analyzed for the presence of the Minnesota Department of Health (MDH) list of " ~~Reliable II Responsive I!II Convenient III Innovative 3 '\:

Additional Assessment and Operation I Maintenance Work PlanPaynesville Municipal Water Supply III Paynesville, MinnesotaApril 25, 2012 0 Terracon Proposal No. P41120117A

lrerracanvolatile organic compounds (VQCs) using EPA Method 8260. Terracon will request that thelaboratory report benzene and 1,2-dichloroethane concentrations to the method detection limits(J-Flag). This sampling schedule should be adjusted to monthly if the dissolved phase petroleumplume appears to become unstable. The sampling frequency of the City Wells may be adjustedbased on the apparent stability of the dissolve phase petroleum plume.

Summary of Potable Well Sampling PlanWell Method Frequency Analyses Container$ I Pres.

Influent Tap Semi-Annual VOCs-8260 3-40ml vials wI HCIEffluent Tap Semi-Annual VOCs-8260 3-40ml vials wi HCICW-3 Tap Semi·Annual VOCs-8260 3-40ml vials wi HCICW4 Tap Quarterly VOCs-8260 340ml vials wI HCICW-5 Tap Annual VOCs-8260 3-40ml vials wi HCICW-6 Tap Annual VOCs-8260 3-40ml vials wI HCICWO? Tap Annual VOCs-8260 3-40ml vials wi HCICW-8 Tap Annual VOCs-8260 340mIvials wI HCIDuplicate - - VOCs-8260 3-40ml vials wi HCITrip Blank - Quarterly VOCs-8260 3-40ml vials wI HCI

= report benzene and 1,2-DCA results to the method detection limit (J-Flag)

Terracon will collect quarterly 'I~uid level data from wells MW~1(23), MW-18(29), MW-26, MW-27,MW-28, MW-29, MW-30, DPE-1, and DPE-2 which are located within the LNAPL source area toassess for the presence of LNAPL. If a recoverable amount of LNAPL is encountered, a productrecovery test(s) will be performed in general accordance with MPCA Guidance Document 2-02a.Historical fluid data from the site indicates that only monitoring wells MW-1 and MW-18 havecontained recoverable amounts of LNAPL. The product recovery tests will involve the removal ofLNAPL from the monitoring wells followed by monitoring the rate of LNAPL accumulation (Le.,recharge) in wells over a period of time. To minimize groundwater extracted and maximizeproduct removal, the method of removing the product from the wells tested will involve pumpingthe product using disposable polyethylene tubing with a peristaltic pump. Prior to and during theproduct removal work, the thickness of the LI\IAPL will be measured using an electronic product Iwater interface probe. The measurement time, start time and stop time will be recorded for theproduct removal work. In addition, the volume of product removed will be estimated based onmeasuring the total volume removed. Once the product has been removed so that the remainingproduct thickness is less than 0.1 feet, product removal will stop and then product recharge will bemonitored. Product recharge will be monitored by measuring the depth to product and the depth towater at one minute intervals. If the product recovery rate is slow (Le., less than 0.2-feet perminute) then monitoring intervals will be modified accordingly. The monitoring will continue untilthe LNAPL recharges to pre-removal levels, a maximum of 24 hours or until work associated withthe site visit has been completed. The product recovery test will be repeated once the product hasrecovered to pre-removal levels, after 24 hours or if recoverable volume of LNAPL is againpresent in the well during a later site visit. This Work Plan assumes that LNAPL recovery tests willbe performed on one monitoring well during the monitoring installation activities planned for June2012. This Work Plan does not included funds for the disposal of LNAPL.

Groundwater samples will be collected from the new monitoring wells during July 2012 as part ofa future Work Plan.

Reliable I!I Responsive III Convenient m Innovative 4

I

\~

Additional Assessment and Operation I Maintenance Work PlanPaynesville Municipal Water Supply Ii1I Paynesville, MinnesotaApril 25, 2012 CI Terracon Proposal No. P41120117A

lrerraccnTask R - ReportingA report will not be prepared as part of this Work Plan.

Task S - Subcontractor CostsTerracon will perform subcontract coordination and I or bidding activities as required consistentwith the requirements in the Multi Site Contract. Terracon will subcontract firms with StateContracts, if possible. If firms with State Contracts cannot perform the needed service or areunable to meet the project schedule, Terracon will solicit bids from firms qualified to perform theneeded service consistent with the requirements in the most recent version of the MPCAContractor and Subcontracting Purchasing Manua/.

This Work Plan includes funds for costs associated with laboratory analyses. Samples will beanalyzed by a Minnesota Department of Health certified State Contract Laboratory. The sampleswill be analyzed using the methods described above. This Work Plan also includes funds forcosts associated with the maintenance on City Well GW-4 ($2,000) and drilling subcontractor($74,999). Additional unplanned activities such as services of an electrician, mechanicalcontractor or other subcontractors may also be required.

SCHEDULEWe anticipate initiation of this project within five working days of receipt of written authorization toproceed. The project schedule is summarized in the table below. The actual schedule may beinfluenced by our ability to access and the availability of the various contractors and equipment.Terracon will keep MPCA apprised of our schedule. Terracon will schedule field activities incoordination with other projects in central Minnesota to reduce costs, when practical.

Time Line TaskMay 2012 Task 11 - DIM, meetings, access and well pennitting activities.June 2012 Task 12- DIM and monitoring well installation.

STAFF ASSIGNED TO PRO..IECTThe assigned staff persons are listed in the table below. Two alternate project managers arelisted to ensure appropriate staff is able to promptly review reports and provide senior leveloversight. See previously submitted proposal and resumes for experience and job descriptions.

Terracon Staff JobCla$sification

David J. Wolfgram, P.E.- Project ManagerWilliamJ. Breitzman, P.S.S.- Project ManagerDavid Svingen - Project ManagerMike Hagernei~er** ProjectManager .Paul J. Wiese, P.G.* Project ManagerBrett Staeden, P.E. Project Manager I Engineer IIJennifer Shepard* ProjectManager I Scientist IIJerry Hentges Gf:olJndwater Modeler I Scientist IIIBrian Hulsey, P.E. El)gineerllSteve Gerber, P.E. Engineer IIVarious Engineer I, Scientist I, Scientist IIVarious Technician I, Technician IIVarious CADD Specialist*Primary Project Team, -Alternate Project Manager(s)

Reliable Ii Responsive III Convenient BI Innovative 5

Additional Assessment and Operation I Maintenance Work PlanPaynesville lVIunicipal Water Supply III Paynesville, MinnesotaApril 25, 2012 rn Terracon Proposal No. P41120117A

lrerracanCOST ESTIMATEThe cost estimate for the proposed scope of services is $99,985.30 to be invoiced at the rates inTerracon's current Multi-Site Contract with the MPCA. An itemized breakdown of this costestimate is proVided on the attached spreadsheet.

Terracon will contact the MPCA for authorization prior to expanding the scope of servicesdescribed herein. These costs will be invoiced based on the actual units of work performed usingthe rates in Terracon's current contract.

GENERAL CONDITIONSIt is the responsibility of the MPCA to provide any known information pertaining to knownrestrictions or special requirements regarding this site. This information should be submitted toTerracon prior to the initiation of the field activities.

Terracon appreciates the opportunity to submit this Work Plan and we look forward to our workingtogether on this project; If yOLl have questions or require additional information, please contactour office at 651-770-1500.

Sincerely,TERRACON CONSULTANTS, INC.

~~Paul J. Wiese, P.G.Senior Project Manager

~~f-orDavid J. Wolf~ram, P.E.Principal

PJW/DJW:pjw \\wbl1 \data\projects\1998\41987018\pro-budget-inv-subcon\proposals\018proasa-o&m fy12.docx

Reliable II Responsive !'1l Convenient I'JI Innovative 6

INFOR~ATIONAL

March-12

ACTIVITY REPORT FORPAYNESVILLE TOWNSHIP

Kent Bruce Joe Chuck James Total YTDESCORTS 0 0ALARMS 1 0 22

BURGLARY 0 5THEFT 0 23

ASSAULT 0 0CHILD ABUSE 0 0DOMESTICS 0 6

BAD CHECKS 2 2 24CALL outs 0 2ACCIDENTS 2 1 3 28

TRAFFIC.WARNINGS 0 49TRAFFIC ARRESTS 2 2 4 55EQUIP. WARNINGS 1 1 4

PARKING WARNINGS 0 0PARKING TICKETS 0 0VEHICLES TOWED 1 1 3

WARRANT ARRESTS 0 0ALL OTHER ARRESTS 0 13

ANIMAL COMP. 2 1 3 34VANDALISM COMPo 0 5

FORMAL COMPo 0 2OTHERCOMP. 1 7 1 9 92

JUVENILE PETITIONS 0 0FIREIMEDICAL ASSISTS 2 1 3 ·24

MISC. ASSISTS 1 1 50MISC. CONTACTS 7 13 20 214TOTAL CONTACTS 0 18 26 2 2 48 655

TOTAL HOURS 35 40.5 40 6.25 121.75 1036.5TOTAL OVERTIME HOURS 1.5 2.5 4 32.5

TOTAL MILES 363 568 485 159 1575 17558

MONTH March YEAR 2012

POLICECALL OUT AND OVERTIME REPORT


DATE TIME IN TIMEOUT OVERTIME OFFICER REASON

03-15-2012 1500 1700 2 Schmitz Trial Prep forHuber Case

03-29-2012 1653 1730 .5 Schmitz SuicidalPerson Call

03-31-2012 2100 2230 1.5 Elfering OWl Arrest

\t%'

March-12

ACTIVITY REPORT FORCITY OF PAYNESVILLE

Kent Bruce Joe Chuck James TOTAL YTDESCORTS 1 1 3ALARMS 1 1 5

BURGLARY 1 1 1THEFT 3 1 4 9

ASSAULT 1 1 3CHILD ABUSE 0 0DOMESTICS 0 2

BAD CHECKS 3 1 4 10CALL OUTS 0 1ACCIDENTS 1 2 3 6

TRAFFIC WARNINGS 2 2 3 7 28TRAFFIC ARRESTS 1 2 3 21EQUIP. WARNINGS 0 9

PARKING WARNINGS 1 1 2 9PARKING TICKETS 0 17VEHICLES TOWED 0 1

WARRANT ARRESTS 1 1 3ALL OTHER ARRESTS 3 3 17

ANIMAL COMP. 1 3 4 11V~NDALISMCOMP. 2 1 3 7

FORMAL COMPo 1 1 1OTHER COMPo 10 8 5 23 77

JUVENILE PETITIONS 0 1FIRE/MEDICAL ASSISTS 1 1 2 17

MISC. ASSISTS 1 1 17 19 41MISC. CONTACTS 65 30 3 98 394TOTAL CONTACTS 85 59 33 1 178 704

TOTAL OVERTIME HOURS 9.5 3 12.5 30.25TOTAL MILES 363 781 356 19 1519 5070

MONTH March YEAR 2012

POLICECALL OUT AND OVERTIME REPORT

CITY OF PAYNESVILLE

DATE riME IN TIMEOUT OVERTIME OFFICER REASON

03-07-2012 1500 1630 1.5 Schmitz Meeting withLt. Dickhaus

03-07-2012 1500 1630 1.5 Elfering Meeting withLt. Dickhaus

03-29-2012 1630 1830 1.5 Schmitz HRO violationInvestigation

03-29-2012 0730 1630 8 Elfering Use of ForceTraining

Public Works Overtime Report· 2012

Date Employee Hours Reason

12/26/2011 Brad Mehlhop 1.00 Holiday - Rounds

01/02/2012 Bob Wander 1.00 Holiday - Rounds

01/16/2012 Brad Mehlhop 1.00 Holiday - Rounds

02/20/2012 Lee Schleper 1.00 Holiday - Rounds

4.00

Current to

date- 4/27/12

Administration Overtime Report - 2012Date Employee Hours Reason

None

Current to

date-4/27/12

I

\~

Rinke Noonan Legal BillsDate Paid Union Uquor General AFSCME-CH AFSCME AFSCME Step City Admin. MAPE Uquor Audit ~nnexatiol Council Pay Voucher Total Bill Services For

R.Topp Pay Week Police Grievance Contract Equity #19/16/2009 $ 359.10 $ 151.20 $ 37.80 78914 $ 548.10 7/1/09-8/31/09.0/23/2009 $ 987.85 $ 1,111.45 $ - 79115 $ 2,099.30 9/1/09-9/30/09.1/20/2009 $ 2,977.40 $ 272.50 $ - 79268 $ 3,249.90 10/1/09-10/31/09.2/22/2009 $ 2,106.50 $ - $ - 79399 $ 2,106.50 11/1/09-11/30/0911/21/2010 $ 3,248.85 $ 4,605.70 $ 299.25 79600 $ 8,153.80 12/1/09-12/31/09)2/17/2010 $ 1,511.75 $ 75.60 $ 1,603.35 $ 18.90 $ 907.20 $ 384.30 $ 56.70 79735 $ 4,557.80 1/1/10-1/31/10)3/17/2010 $ 113.40 $ 302.40 $ 391.80 79879 $ 807.60 2/1/10-2/28/10)4/21/2010 $ 853.40 $ 834.50 $ 37.80 $ 89.40 80070 $ 1,815.10 3/1/10-3/31/10)5/19/2010 $ 18.90 $ 18.90 $ 529.20 $ 529.20 $ 18.90 80216 $ 1,115.10 4/1/10-4/30/10)8/19/2010 $ 164.10 80698 $ 164.10 7/1/10-7/31/10)9/16/2010 $170.10 80839 $ 170.10 8/1/10-8/31/10lO/20/2010 $ 332.20 81046 $ 332.20 9/1/10-9/30/10ll/19/2010 $ 81.90 $ 44.10 $ 233.10 $ 37.80 81175 $ 396.90 10/1/10-10/31/10l2/14/2010 $ 113.40 $ 94.50 $ 170.10 81321 $ 378.00 11/1/10-11/30/10)1/19/2011 $ 56.70 81511 $ 56.70 12/1/10-12/31/10)2/16/2011 $ 30.00 81649 $ 30.00 1/1/11-1/31/11)3/23/2011 $ 189.00 81847 $ 189.00 2/1/11-2/28/11)8/18/2011 $ 47.25 $ 47.25 82670 $ 94.50 7/1/11-7/31/11)9/28/2011 $ 207.90 82913 $ 207.90 8/1/11-8/3111LO/21/2011 $ 1,096.20 83074 $ 1,096.20 9/1/11-9/30/11Ll/07/2011 $ 264.20 83173 $ 264.20 10/1/11-10/31/11L2/28/2011 $ 343.80 83412 $ 343.80 11/1/11-11/30/11n/19/2012 $ 78.50 83583 $ 78.50 12/1/11-12/31/11)2/15/2012 $ 77.60 $ 708.00 83734 $ 785.60 1/1/12-1/31/12J3/23/2012 $ 97.00 $ 197.20 $ 1,028.50 $ 155.20 83938 $ 1,477.90 2/1/12-2/29/12J4/20/2012 $ 316.87 $ 242.50 $1,267.16 $ 358.87 $ 2,185.40 3/1/12-3/30/12

fotal $ 9,793.10 $ 7,784.90 $ 1,135.65 $ 5,884.37 $ 1,028.50 $1,976.85 $ 907.20 $ 384.30 $ 848.80 $ 56.70 $119.40 $170.10 $ 37.80 $ 708.00 $ 30,518.80 Total Fees

4-ii~2012 4:08 PM D ETA ILL I S TIN G PAGE: 1

;, FUND

DEPT

100-GENERAL FUND

N/A

PERIOD TO USE: Jan-2012 THRU Mar-2012

ACCOUNTS: 4-3949-4050 THRU 4-3949-4050

POST DATE TRAN # REFERENCE PACKET====~=DESCRIPTION=~~==== VEND INV/JE # NOTE =====AMOUNT==== ====BALANCE====

2/06/12 2/06 C06446 RCPT 00022668 01003 CDL BOOK

2/23/12 2/23 C06545 RCPT 00022813 01015 MC MANUAL

2/27/12 2/27 C06551 RCPT 00022835 01017 CDL MANUAL

2/29/12 2/29 C06564 RCPT 00022856 01019 MC MANUAL

2/29/12 2/29 C06564 RCPT 00022857 01019 CDL MANUAL

============= FEBRUARY ACTIVITY DB: 0,00 CR: 39.00CR

3/01/12 3/01 C06596 RCPT 00022859 01020 (2) CDL DRIVER'S MANUALS

3/07/12 3/07 C06648 RCPT 00022882 01024 CDL BOOK

3/09/12 3/09 C06652 RCPT 00022886 01026 M/C DRIVER'S MANUAL

3/16/12 3/16 C06706 RCPT 00022921 01031 cd1

3/19/12 3/19 C06709 RCPT 00022930 01032 MC DRIVER'S MANUAL

3/21/12 3/21 C06749 RCPT 00022953 01034 MC MANNUAL

3/27/12 3/27 C06753 RCPT 00022976 01038 MOTORCYCLE BOOK

3/28/12 3/28 C06754 RCPT 00022985 01039 M./C MANUAL

3/29/12 3/29 C06756 RCPT 00022995 01040 CDL MANUAL

4-3949-4050 OTHER MISCELLANEOUS INCOME

BEG INN I N G

~~~~===~~==== MARCH ACTIVITY

============= ACCOUNT TOTAL

BALANCE

DB:

DB:

0.00 CR:

0.00 CR:

72.50CR

111. 50CR

10.00CR

4.50CR

10.00CR

4.50CR

10.00CR

39.00CR

20.00CR

10.00CR

4.50CR

10.00CR

4.50CR

4.50CR

4.50CR

4.50CR

10.00CR

72.50CR

0.00

10.00CR

14.50CR

24.50CR

29.00CR

39.00CR

59.00CR

69.00CR

73.50CR

83.50CR

88.00CR

92.50CR

97.00CR

101.50CR

111. 50CR

k_*_*_*_*_*_*_*_*_*_*_*_*_ 000 ERRORS IN THIS REPORT! *-*-*-*-*-*-*-*-*-*-*-*-*-*

** REPORT TOTALS **BEGINNING BALANCES:

REPORTED ACTIVITY:

ENDING BALANCES:

DEBITS --

0.00

0.00

0.00

CREDITS --

0.00

111. 50CR

111. 50CR

~\-~ .c;.-~ -V-\'IV\. -e..

C.OQ't. VV\nt.k.il.<-e. IS<Jp~\,,-tS

WINNER OF 14 CERTIFICATES OF COMMENDATION SINCE 1990

Recognizing exempLary effort expended in the year 2011, to compLywith the Minnesota Pollution ControL Agency's Permit Program.Your efforts heLp protect and preserve the waters of Minnesota.

.TE· F COMMEN ATI NE T~FI

Awarded to the

City of Payn.esviLLe

and its wastewater treatment faciLity staff

March 22, 2012

Minnesota PollutionControl Agency

~U.(j,._¢Paul W. Aasen, Commissioner

PAYNESVILLERUTH AULICK AWARD

GOAL: The goal of the City of Paynesville (formally the Human Rights Commission) is torecognize annually an individual, group or business that has made an outstandingcontribution to the promotion of understanding and cooperation between people ofdifferent backgrounds. (The City reserves the right not to give any award in a givenyear).

CRITERIA:1. The nominee shall be an individual of any age, group, activity or business that

has been part of the Paynesville area during the current year.2. The nominee's activity(ies) proposed for recognition should be related to

improved understanding in the areas of race, religion, gender, national origin,marital status, disability, age, sexual orientation, or family status.

3. The contribution may be in the form of one act or a series of activities over aperiod of time which should be cited specifically with the award.

4. Members of the City Council are not eligible for the award.5. Priority may be given to nominees whose main mission or purpose is to

protect/enhance rights rather than to those whose contribution occurred as anaccident or by-product of their work.

NOMINATION PROCESS:

• Nominations may be submitted by either an individual or organization (forexample, a club, social agency, unit of government, church, school or business).

• Nomination forms can be picked up at City Hall; M - F 8:30 a.m. to 4:30 p.m.• Nominations are preferred on the nomination form, but may be submitted in a

letter of not more than two pages in length.

Nominations should be addressed to:City of Paynesville

221 Washburne Ave.Paynesville, IVIN 56362

Nominations must be received by Thursday, May 24,2012.

Paynesville Ruth Aulick AwardNomination Form

Name of person/group/business being nominated:

Address of Nominee: _

Telephone Number Home: _ Daytime: _

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

Please describe the activity (ies) that qualify the nominee for recognition for the Ruth AulickAward. Include the regular occupation of the nominee (if any), the period of time which theactivity to be recognized for occurred and the impact the activity has on the community. Writebelow or on a separate sheet of paper if necessary.

Name of person/group making the nomination: _

Address: _

Telephone Number: _

Please return this form no later than Thursdav. May 24. 2012 to Paynesville City Hall, 221Washburne Ave., Paynesville, MN 56362.

Paynesville Municipal LiquorDetailed Sales &Margins 2012

Generated On 5/1/2012

. . . ". _. ",' _~ .. ".' ~.~S.~!d.~Betw.een, .4/112012 AND 4/30/2012).. .",. ..,11_-7627.00 $75,887.24 $17,484.17 26.42%3327.00 $42,270.84 $8,766.14 22.28%25.00 $750.00 $555.00 100.00%43.00 $273.97 $97.17 37.09%2.00 $25.00 $25.00 100.00%132.00 $274.92 $121.64 54.66%1612.00 $20,843.86 $4,603.00 24.51%501.00 ($501.00) ($36.00) 100.00%249.00 $848.00 $43.34 5.50%136.00 $591.79 $169.56 31.91%345.00 $450.00 $175.00 100.00%14.00 ($14.00) ($7.00) 100.00%152.00 $397.48 $76.47 23.55%55.00 $242.45 $43.87 18.79%184.00 $1,153.08 $115.59 10.09%850.00 $8,280.85 $2,735.38 33,79%

ijoVef.811~-Beer

•.1±j Club

~-ffi Energy Drinks

~L.f±I Gift Card Sales

+ Ice and Water4±1 Liquor

[±] Lott Scr Payout+ Lottery Scratch Tic...

I±I Mise+ Online Lotto+ Online Lotto Payout+ Pop

Ie+ Snuffand Cigars+ Tobacco+ Wine

- Overall+ Beer

.I±J Club+ Deposits+ Energy Drinks+ Ice and Water

+ Liquor

I-[±] Lott Scr Payoutf-l±J Lottery Scratch Tic...

\-.f±I Mise'-ffi Online Lotto

+ Online Lotto Payout

+ Pop+ Snuffand Cigars+ Tobacco[±] Wine

Paynesville Municipal LiquorDetailed Sales & Margins 2012

Generated On 5/1/2012Filter:(Date Sold Between 4/1/2011 AND 4/30/2011)!f,~~f~~~~~B!~t@(lf~~lllI'~~

7681.00 $71,853.60 $16,154.97 26.48%3185.00 $39,981'.78 $8,279.57 22.62%42.00 .$302.00 $297.00 100.00%0.00 $0.00 $0.00 0.00%52.00 $204.48 $63.22 38.03%83.00 $156.40 $79.35 53.91%1487.00 $19,587.07 $4,362.86 24.11%544.00 ($544.00) ($42.00) 100.00%

324.00 $1,027.00 $52.45 5.44%175.00 $738.88 $208.22 32.64%434.00 $433.50 $130.35 98.50%65.00 ($65.00) ($11.00) 100.00%187.00 $469.17 $102.53 26.77%36.00 $156.16 $20.37 14.24%153.00 $957.59 $109.95 11.65%914.00 $8,448.57 $2,502.10 30.49%

~ Overall

~Beer

l±l Energy Drinks+ Ice and Water

e+ L1~uor+_e+ Pop

+ Wine

- Overall

+ Beer+ Energy Drinks+ Ice and Water+ Liquor

+ Mlsc+ Pop

+ Wine

- Overall

+ Beer+ Energy Drinks+ Ice and Water+ Liquor

+ Mise-{±} Pop

Y±l Wine

~'Ufr~~~~~iI_~!';)tWI~~\Ili«<K~i~~('~k~imi~~~~~~~~~@tilf:£~~~~~~I.~j~l~li.V~i~l~~fJ'Jfl..'~_'; ..>:~~~I

6252.00 $72,933.71 $16,569.37 25.42%

3327.00 $42,270.84 $8,766.14 22.28%43.00 $273.97 $97.17 37.09%132.00 $274.92 $121.64 54.66%1612.00 $20,843.86 $4,603.00 24.51%136.00 $591.79 $169.56 31.91%152.00 $397.48 $76.47 23.55%850.00 $8,280.85 $2,735.38 33.79%

~~~RIi\\I~iUM~~·~~~wl,\~l!lil_~I~~..t:lf~Wl~m~_~~ul_

6083.00 $69,586.35 $15,597.85 25.13%3185.00 $39,981.78 $8,279.57 22.62%52.00 $204.48 $63.22 38.03%83.00 $156.40 $79.35 53.91%1487.00 $19,587.07 $4,362.86 24.11%175.00 $738.88 $208.22 32.64%187.00 $469.17 $102.53 26.77%914.00 $8,448.57 $2,502.10 30.49%

_~lWil.\\'ibli'&~~_:"~~l~~'~5886.00 $65,160.90 $14,934.12 25.00%3163.00 $39,377.98 $8,389.16 22.68%45.00 $194.75 $69.75 36.96%118.00 $233.30 $119.78 54.28%1450.00 $17,605.14 $4,092.24 25.98%162.00 . $733.51 $186.53 30.80%193.00 $399.87 $90.28 19.16%755.00 $6,616.35 $1,986.39 28.18%

- Overall

+ Beer+ Energy Drinks+ Ice and Water+ Liquor+ Mise+ Pop

1±l Wine

-5093.002945.001.00132.001140.00138.00201.00536.00

--$56,279.64 $13,926.14 26.60%$36,421.92 $8,334.80 23.91%

$6.98 $1.11 15.90%$195.07 $62.62 37.81%

$14,012.81 $3,742.27 28.59%$569.14 $168.28 34.78%$340.28 $87.89 25.79%

$4,733.44 $1,529.18 32.72%

l;J Ove.,nH±I "B1ter-l±I Club

+ Gift Card SalesIce and Water

+ Liquor

+ Lott Scr Payout\-l±l .Lottery Scratch Tic...

eMise+ Online Lotto

e+ ~:ne Lotto Payout

+ Snuffand Cigars+ Tobacco+ Wine

- Overall+ Beer+ Club+ Deposits+ Energy Drinks+ Gift Card Sales+ Ice and Water

+ Liquor+ Loll Scr Payout+ Lottery Scratch Tic...+ Misc

Online LottoOnline Lotto Payout

+ Pop+ Snuff and Cigars

-l±l Tobacco+ Wine



_ . .., . . Filt~r:(Date Sold. Between 1/1/2012 AND 4/30/2012)~~~~~,.~__IIIIRIlIl\!..~WJf~~.i!~~·l,~.. "/"ill.'~~'RIt~-.,.Wlll\i.'I,l,ml~~lffl.\\ll.l.~~~~llllm<:j~~~J\f

29101.00 $277,185.24 $62,385.66 26.71%11811.00 $150,900.70 $29.935.49 21.84%206.00 $1,826.00 $1,566.00 100.00%149.00 $911.73 $317.41 38.00%9.00 $215.00 $215.00 100.00%384.00 $774.18 $370.36 54.09%5797.00 $75,667.35 $17,154.55 24.91%2230.00 ($2,230.00) ($134.00) 100.00%1070.00 $4,465.00 $262.07 5.74%604.00 $2,460.82 $720.00 32.46%1620.00 $1,835.00 $661.00 100.00%170.00 ($170.00) ($33.00) 100.00%580.00 $1,526.32 $285.81 22.84%177.00 $783.13 $120.01 17.59%697.00 $4,387.31 $431.73 9.98%3597.00 $33,832.70 $10,513.23 32.05%



Filter:(D~te Sold Between 1/1/2011 AND 4/30/2011)~Wi~~I'ImJ_W'j,)~f'~1~~~~m__\~~M~ _~~~:I~~*~~:

28532.50 $266,449.57 $54,744.06 23.04%11245.00 $137,979.29 $25.986.81 20.54%225.00 $1,340.00 $1,125.00 100.00%.1.00 ($75.00) $0.00 0.00%170.00 $773.61 $254.59 37.66%2.00 $50.00 $50.00 100.00%181.00 $332.63 $173.14 53.51%6280.00 $78,048.66 $16,595.51 19.87%1849.00 ($1,849.00) ($134.00) 100.00%1011.00 $3,414.00 $176.52 5.47%560.00 $2,408.72· $629.62 30.00%

1093.50 $1,093.00 $374.35 99.47%141.00 ($141.00) ($26.00) 100.00%741.00 $1,683.55 $389.20 26.32%149.00 $580.11 $84.87 16.84%

632.00 $3,908.77 $403.06 10.86%4254.00 $36,902.23 $8,661.37 23.38%

- Overall

-l±I Beer+ Energy Drinks+ Ice and Water

1±1 Liquor

+ ~Misc"""

+ Pop+ Wine

- Overall+ Beer+ Energy Drinks

Ice and WaterLiquor

+ Mise+ Pop+ Wine

_1~1._~r_:~ktifl~~tw~iIJIJI;;pll.ll.l22922.00 $266,073.80 $59,296.85 25.16%

11811.00 $150,900.70 $29.936.49 21.84%149.00 $911.73 $317.41 38.00%384.00 $774.18 $370.36 54.09%5797.00 $75,667.35 $17,154.55 24.91%604.00 $2,460.82 $720.00 32.46%580.00 $1,526.32 $285.81 22.84%3597.00 $33,832.70 $10,513.23 32.05%

. ·«Mi'~W:imll~Ij\"~~~~l~.'?~i~~¥i~~..... i('1~.~~'f~~""BW1~1!\~~1;gMla~~~ :'Wfr-W:1)p'lt-i}~~.J~1~~

23431.00 $258,128.69 $52,690.25 21.65%11245.00 $137,979.29 $25,986.81 20.54%170.00 $773.61 $254.59 37.66%181.00 $332.63 $173.14 53.51%6280.00 $78,048.66 $16,595.51 19.87%560.00 $2,408.72 $629.62 30.00%741.00 $1,683.55 $389.20 26.32%4254.0D $36,902.23 $8,661.37 23.38%

20181.00 $219,491.18 $49,721.85 24.25%

10617.00 $129,45~1.04 $26,668.18 21.32%

144.00 $597.16 $194.54 30.80%

(}()\O267.00 $475.14 $250.19 55.29%

5078.00 $60,621.66 $14,189.27 25.52%530.00 $2,577.72 $706.98 30.54%830.00 $1,606.37 $310.40 16.67%

2715.00 $24,155.09 $7,402.28 31.04%

Consolidated Z Report Number of Registers 2 All Regs Closed! FALSE

Number of Batches 60 EDC Closed! TRUEFor batches closed between 4/1/20 I I and 512/20 II

Cash In Misc. Department Sales

Opening Total $41.600.00 Total Sales $71.853.60 Department Name Sa/§ %Sales $72,574.62 Total Tendered $97.238.45 Beer $39.981.78 55.64%

Neg. Transactions ($721.02) Total Change ($18.905.75) Club $302.00 0.42 %

Tax $6.479.10 Over / Short $18.02 0.0251% DepOSits $0.00 0.00%

Shipping $0.00 COSt of Goods $55.799.33 77.66 % Energy Drinks $204.48 0.28%

Debit Surcharge $0.00 Commission $0.00 Ice and Water $156.40 0;22 %

Cash Back Fee $0.00 Discounts $1.859.08 2.59% liquor $19.587.07 27.26%

Paid on Layaway $0.00 Discount Quantity 884 11.51 % Lott Scr Payout ($544.00) -0.76 %

Paid to Account $0.00 Product Count 7681 Lottery Scratch $1.027.00 1.43 %

Deposit Made $0.00 Transaction Count 3820Tickets

$119.932.70 Ave. Transaction $18.81Mise $738.88 1.03 %

TotalOnline lotto $433.50 0.60%

LargestTransaction $192.68

Cash Out No Sales 149 3.90%Online Lotto Payout ($65.00) ·0.09%

Paid Out $0.00 Aborted Transaction 54 1.41%Pop $469.17 0.65%

Dropped $0.00 Item Corrections 77 1.00 %Snuff and Cigars $156.16 0.22%

Tobacco $957.59 1.33 %layaway Closed $0.00 Returns $547.38 0.76%

Wine $8.448.57 11.76 %Paid on Account $0.00 Neg. Dollar Items ($609.00) 0.85 %

Deposit Redeemed $0.00 Manual Inventory $0.00

Closing Total $119.950.72Adjustments

Total $119.950.72

Tender Information Credit Card Detail

TenderT)!pe Open Shift QQm Over/Short Card Name ~ AIllQllIlt

Cash $41,600.00 $37,123.06 $80,622.29 $1,899.23 Total

Check $0.00 $10,017.05 $8,135.84 ($1,881.21 )

Credit Card $0.00 $31.192.59 $31,192.59 $0.00

Gift Cards $0.00 $0.00 $0.00 $0.00

Offline Credit Card $0.00 $0.00 $0.00 $0.00

Totals $41,600.00 $78,332.70 $119,950.72 $18.02

Report Date: 5/1/2012 4:48:55 PM - Store City: Paynesville Page I of 5

Discounts By Reason Code Tax CollectedReason code Qt)! Imal ~ Tax Name Ammtnt15% Coupon 83 $163.64 0.22% MN Liquor Tax $6,373.2525% I $1.40 0.00% MN Sales Tax $105.852-6 ~~ for 12 pk Price 9 $25.46 0.03% Total $6,479.10

C~lfed Beer 48 $207.64 0.28%

Discontinued Item 8 $44.00 0.06%

Dontuse 307 $627.75 0.86%

Quantity Discount 7 $24.43 0.03%

Quantity Discounts 46 $50.24 0.07%

Sale Price 159 $341.50 0.47%

Senior Wednesday Discount 26 $20.80 0.03 %

Test Reason Code 16 $23.00 0.G3 %

Wine Club 60 $206.99 0.28%

Wine Tuesday Discount 114 $122.23 0.17%

Total B84 $1.859.08

Payment To

Payout 81 Drop Detail

Comment AmmmJ; DateITjme

Taxable Sales

Description

MN Liquor Tax

MNSaiesTax

NonTaxable

Tax Exempt

Ammmt$67,978.43

$1.536.73

$2,318.46

$19.98

600-...::l0.t:... 400-Q)Q. c..>Ulc0

~~ft,rrNt5 200-

r,~lUUlc~l-

0- .E E E E E E E E E E E E E E E E E E E E E E E ElU lU lU m lU lU lU lU lU m lU a. a. a. a. Q. a. a. a. Q. Q. Q. a. lU..... N ('I) ;g LO (0 I'- 00 en 0 ..... N ..... N ('I) ..;;t LO <.0 I'- 00 en 0 ..... N0 0 0 0 0 0 0 0 ..... ..... ..... 0 0 0 0 0 0 0 0 0 ..- ..... .....

Hour of the day

'l/\C(

e"",\V-<..

Consolidated Z Report Number of Registers 2 All Regs Closed! FALSE Y\t\..(!:l~CJ~

Number of Batches 58 EDC Closed! TRUE ~~ \/''. \ -r..(:l\~/.;For batches closed between 4/2/2012 and 5/1/20 12

Cash In Misc. Department Sales

Opening Total $40,000.00 Total Sales $75,887.24 Department Name Sales .%Sales $76,279.79 Total Tendered $100,758.62 Beer $42,270.84 55.70%

Neg. Transactions ($392.55) Total Change ($18,074.81) Club $750.00 0.99%

Tax $6,796.57 Over/ Short ($8.33) (0.0110%) Energy Drinks $273.97 0.36%

Shipping $0.00 Cost of Goods $58,174.44 76.66% Gift Card Sales $25.00 0.03 %

Debit Surcharge $0.00 Commission $0.00 Ice and Water $274.92 0.36%

Cash Back Fee $0.00 Discounts $939.49 1.24% Liquor $20,843.86 27.47%

Paid on Layaway $0.00 Discount Quantity 987 12.94% Lott Scr Payout ($501.00) -0.66%

Paid to Account $0.00 Product Count 7627 Lottery Scratch $848.00 1.12 %

Deposit Made $0.00 Transaction Count 4002Tickets

$122,683.81Misc $591.79 0.78%

Total Ave. Transaction $18.96Online Lotto $450.00 0.59%

LargestTransaction $184.00

Cash Out No Sales 220 5.50%Online Lotto Payout ($14.00) -0.02%

Paid Out $0.00 Aborted Transaction 25 0.62%Pop $397.48 0.52%

Dropped $0.00 Item Corrections 41 0.54%Snuff and Cigars $242.45 0.32%

Tobacco $1,153.08 1.52 %Layaway Closed $0.00 Returns $214.71 0.28%

Wine $8.280.85 10.91%Paid on Account $0.00 Neg. Dollar Items ($515.00) 0.68%

Deposit Redeemed $0.00 Manual Inventory $307.04

Closing Total $122,675.48Adjustments

Total $122,675.48

Tender Information Credit Card Detail

Tender Type Open Shift Close Over/Short Card Name Count Amount

Cash $40,000.00 $39,791.88 $79,729.12 ($62.76) Total

Check $0.00 $6,581.25 $6,635.68 $54.43

Credit Card $0.00 $36,232.06 $36,232.06 $0.00

Gift Cards $0.00 $78.62 $78.62 $0.00

Offline Credit Card $0.00 $0.00 $0.00 $0.00

Totals $40,000.00 $82,683.81 $122,675.48 ($8.33)

Report Date: 5/1/2012 I:32:29 PM - Store City: Paynesville Page I of4

Discounts By Reason Code Tax Collected

Reason code ~ Total %Sales Tax Name Amount

15% Coupon 2 $0.00 0.00% MN Liquor Tax $6.696.09

15% Discount Craft Beer 68 $83.44 0.11 % MN Sales Tax $100,48

750ml for 1.5L 9 $16.98 0.02% Total $6,796.57

Beer Camp ($25.00) ·0.03 %

Coded Beer 38 $157.50 0.21 %

Discontinued Item 43 $212.50 0.28%

Quantity Discount 92 $162.82 0.21 %

Quantity Discounts 16 $26.52 0.03%

Sale Price 531 $629.00 0.82%

Senior Wednesday Discount 29 $30.28 0.04%

Wine Bags 4 Bottles 16 $13.85 0.02%

Wine Club 40 ($453.95) ·0.59%

Wine Tuesday Discount 102 $85.55 0.11 %

Total 987 $939.49

Payment To

Payout & Drop Detail

Comment Amount DatelTime

Taxable Sales

Description

MN Liquor Tax

MN Sales Tax

NonTaxable

Tax Exempt

$71,396.99

$1,459.80

$2,986.00

$44.45

Return Detail

Cashier Product description ~ Sold price I...1i ~ Date/Tjme

Carmen Norstedt Coors Light 12 pk bt -1.00 ($11.49) 161428 2 4/4/2012 5:56: 15 PM

Deanne Nolen Karkov Vodka 375 ml -1.00 ($4.99) 161849 2 4/7/20129:03:52 AM

Deanne Nolen Woodbridge White Zin 750 ml -1.00 ($6.49) 161896 2 4/7/201211:18:50AM

Josh Mergen Risata Moscato D' Asti -1.00 ($16.99) 162114 2 417/20 12 7: 18:04 PM

Josh Mergen Cork screw··Pocket Size -1.00 ($0.99) /62114 2 417/20127:18:04 PM

Josh Mergen Miller Gen Draft 64 12 pk btl -1.00 ($11.49) 162835 2 4114/2012 I 1:09:42 AM

Josh Mergen Keystone Light-24 pk cn -1.00 ($13.99) 162835 2 4/1412012 I1:09:42 AM

Josh Mergen Wise Guy Honey Berry -1.00 ($7.69) 162835 2 4/14/2012 I 1:09:42 AM

Josh Mergen Wise Guy Honey Berry -1.00 ($7.69) 162835 2 4114/2012 I 1:09:42 AM

Josh Mergen Mikes Cran 6 pk btl -1.00 ($8.49) 163880 2 4/21/20124:40:40 PM

Josh Mergen Bud Light Lime 12 pk btl -1.00 ($12.99) 164186 2 4/24/2012 5:36:28 PM

LisaJewell Woodchuck Cider 6 pk btl -1.00 ($9.49) 163011 2 4/14/2012 5:58:57 PM

Lisa Jewell Coors Light 24 pk cn -2.00 ($38.98) /64671 I 4/27/20126:05:56 PM

Louis Baas Busch 24 pk cn ·1.00 ($14.99) 162070 I 417/2012 5:48:49 PM

Louis Baas Chelada Lt 4 pk cn -1.00 ($6.49) 165008 2 4/30/2012 9:08:30 AM

Louis Baas Chelada 4 pk cn -1.00 ($6.49) 165008 2 4/30/2012 9:08:30 AM

Louis Baas Online Powerball -10.00 ($20.00) 165030 2 4/30/20121:1I:16PM

William Ludwig Barefoot Pinot Grigio 750ml -1.00 ($6.99) /61476 2 4/5/2012 12:02:04 PM

William Ludwig Bud 160z 6 pack can -1.00 ($6.99) 161476 2 4/5/2012 12:02:04 PM

William Ludwig Online Lotto Sale -1.00 ($1.00) 162612 2 411312012 II :48:32 AM

Total -30.00 ($214.71)

Report Date: 5/1/2012 I:32:29 PM - Store City: Paynesville ....2of4~

Negative Item DetailCashier Product description ~ Sold price T# ~ DatelTime

Carmen Norstedt Scratch Off Payout 50.00 ($50.00) 162707 2 4/13/20125:01:16 PM

Carmen Norstedt Online Lotto Payout 2.00 ($2.00) 162715 2 4/13/20125: 16:30 PM

Carmen Norstedt Online Lotto Payout 2.00 ($2.00) 162731 2 4/13/20125:46:12 PM

Carmen Norstedt Scratch Off Payout 20.00 ($20.00) 164839 2 4/28/20123:03:00 PM

Deanne Nolen Scratch Off Payout 34.00 ($34.00) 161886 2 417/201210:59:41 AM

Deanne Nolen Scratch Off Payout 100.00 ($100.00) 161908 2 417/201212:01:07PM

Deanne Nolen Scratch Off Payout 7.00 ($7.00) 161914 2 41712012 12:18:13 PM

losh Mergen Scratch Off Payout 3.00 ($3.00) 162004 2 41712012 3:34:51 PM

losh Mergen Scratch Off Payout 10.00 ($10.00) 162126 2 417/20127:58:49 PM

losh Mergen Scratch Off Payout 50.00 ($50.00) 162160 2 417/20129:45:48 PM

losh Mergen Scratch Off Payout 25.00 ($25.00) 162338 2 4110/2012 6:47:07 PM

losh Mergen Scratch Off Payout 1.00 ($1.00) I62n5 I 4/13/20127:28:47 PM

Josh Mergen Scratch Off Payout 1.00 ($1.00) 163968 2 412112012 8: I0:41 PM

Josh Mergen Scratch Off Payout 4.00 ($4.00) 164424 2 4126/2012 5:03:28 PM

Josh Mergen Online Lotto Payout 1.00 ($1.00) 164425 2 4126/2012 5:04:54 PM

Josh Mergen Scratch Off Payout 50.00 ($50.00) 164446 2 4/26/2012 5:58: 13 PM

Lisa Jewell Scratch Off Payout 2.00 ($2.00) 164080 2 4123/2012 6:25:06 PM

Louis Baas Scratch Off Payout 5.00 ($5.00) 163294 2 4117/20128:44:44 PM

Louis Baas Scratch Off Payout 15.00 ($15.00) 163781 2 41211201211:57:04AM

Louis Baas Scratch Off Payout 2.00 ($2.00) 163783 2 412112012 I1:59:07 AM

Louis Baas Scratch Off Payout 25.00 ($25.00) 16501 I 2 4130/20129: 18:21 AM

Louis Baas Online Lotto Payout 1.00 ($1.00) 165056 2 4130/2012 3:43:45 PM

William LudWig Scratch Off Payout 1.00 ($1.00) 161667 2 416/2012 3:38:58 PM

William Ludwig Scratch Off Payout 1.00 ($1.00) 161669 2 416/2012 3:40:51 PM

William LudWig Scratch Off Payout 4.00 ($4.00) 161674 2 416/20 12 3:49:48 PM



William Ludwig Scratch Off Payout 10.00 ($10.00) 162257 2 4110/201211:45:27 AM

William LudWig Scratch Off Payout 5.00 ($5.00) 162374 2 411 1/2012 1:26:55 PM

William Ludwig Online Lotto Payout 1.00 ($1.00) 162503 2 4112/20123:41:05 PM

William LudWig Scratch Off Payout 3.00 ($3.00) 162623 2 4/13/2012 12:48:57 PM

William LudWig Scratch Off Payout 5.00 ($5.00) 162629 2 4/1312012 I: 14:08 PM

William Ludwig Scratch Off Payout 29.00 ($29.00) 163143 2 4116/20123:03:54 PM

William Ludwig Online Lotto Payout 1.00 ($1.00) 163598 2 4120/2012 3:47:48 PM

William Ludwig Scratch Off Payout 3.00 ($3.00) 163988 2 4123/20/29:03:36 AM

William Ludwig Scratch Off Payout 12.00 ($12.00) 164026 2 4123/20122:15: 19 PM

William Ludwig Online Lotto Payout 6.00 ($6.00) 164026 2 4123/20122: 15: 19 PM


William Ludwig Scratch Off Payout 2.00 ($2.00) 164134 2 4124120121:24:07 PM


William Ludwig Scratch Off Payout 2.00 ($2.00) 164360 2 4126/20129:32:47 AM


William LudWig Scratch Off Payout 2.00 ($2.00) 164570 2 4127/20123:04:/5 PM

Total 515.00 ($515.00)

\~Report Date: 5/112012 I:32:29 PM - Store City: Paynesville Page 3 of4

E E E E E E E E E E E0- 0- a. 0- a. 0- 0- 0- 0- 0- 0-

~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~

.E Ea. m..- C\I..- ..-

....

r~ftrrr. . .E E E E E E Em m m m m m m

LO (0 l'- co 0> 0 .....o 0 0 0 0 ..... .....

.E E E Em m m mo ~ ~ ~

0-

200-

400-

600-....::::lo..c....Q)0ml:o11mml:~I-

Hour of the day

Report Date: 5/1/2012 1:32:29 PM - Store City: Paynesville Page4of4 ~

"

2012 Liquor Store EventsNumber of Bottles Product Product Food Misc.

Wine Club Customers Sold Tickets Sold Sold Profit Total Income Expense Product Cost Total Expense Total ProfitJanuary 62 94 $ 236.00 $ 966.96 $ 210.87 $ 446.87 $ 28.89 $ 141.08 $ 169.97 $ 276.90February 52 40 $ 289.00 $ 419.50 $ 94.70 $ 383.70 $ 65.47 $ 161.09 $ 226.56 $ 157.14

March 52 57 $ 267.00 $ 761.68 $ 154.44 $ 421.44 $ 46.25 $ 37.19 $ 83.44 $ 338.00April 25 33 $ 750.00 $ 353.28 $ 81.47 $ 831.47 $ 505.18 $ 15.29 $ 520.47 $ 311.00May $ -June $ -July $ -

August $ -September $ -

October $ -November $ -December $ -

TOTAL 191 224 $ 1,542.00 $ 2,501.42 $ 541.48 $ 2,083.48 $ 645.79 $ 354.65 $ 1,000.44 $ 1,083.04

Other EventsJune Beer Camp

,

Rum Night 74 18 $ 284.00 $ 313.02 $ 65.18 $ 378.20 $ 115.65 $ 225.23 $ 340.88 $ 37.32Oct Beer Camp

TOTAL 74 18 $ 284.00 $ 313.02 $ 65.18 $ 378.20 $ 115.65 $ 225.23 $ 340.88 $ 37.32

GRAND TOTAL 265 242 $ 1,826.00 $ 2,814.44 $ 606.66 $ 2,461.68 $ 761.44 $ 579.88 $ 1,341.32 $ 1,120.36

A. A. A. A. Continued On Back - City of Paynesville, MN

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Transcript of A. A. A. A. Continued On Back - City of Paynesville, MN