HUTCHINSON AGENDA CITY COUNCIL MEETING COUNCIL CHAMBERS - HUTCHINSON, KANSAS MAY19,2015 9:00A.M.

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1 CITY OF HUTCHINSON AGENDA CITY COUNCIL MEETING COUNCIL CHAMBERS - HUTCHINSON, KANSAS MAY19,2015 9:00A.M. 1. ROLL CALL Dechant Inskeep Daveline Soldner Piros de Carvalho 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. PRAYER 4. PROCLAMATIONS a. A Proclamation proclaiming the month of May, 2015 as National Drug Court Month. 5. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS a. Summary of 2015 City Wide Spring Cleanup. b. Sports Arena Project update. c. Oral communications from the audience. (Please limit your remarks to five (5) minutes and to items NOT on the agenda.) 6. CONSENT AGENDA a. Approval of Minutes of May 5, 2015 City Council meeting. b. Approval of appointments to the Hutchinson Revitalization Partnership Board of the following: Scott Cooley, Paganica Pass, to a first three-year term beginning 1/01/2015 to 1/01/2018; and Kris Doswell, 77 Willowbrook, to a second three-year term beginning 1/01/2014 to 1/01/2017. c. Approval of road closings for Salt City Criterium Classic on May 23, d. Approval of financial report for April, e. Approval of appropriation ordinance in the amount of $896, Action - Motion to approve the Consent Agenda and authorize the Mayor to sign. Motion Second Dechant Inskeep Daveline Soldner Piros de Carvalho

2 City Council Agenda May19,2015 Page 2 7. ORDINANCES & RESOLUTIONS a. Consider Resolution in support of Amtrak Tiger Grant. Action - Motion to approve/not approve Resolution and commitment of $12,500 for disbursement only if the Tiger VII grant for improvements to the SW Chief Passenger line in Colorado is approved for funding; and authorize the Mayor to sign. Motion Second ~~~~~~~~~~- Dechant 1 n s keep Daveline ~~~~~~~~~~- Soldner Piros de Carvalho b. Consider Ordinance relating to Public Art. Action - Motion to approve/not approve Ordinance adding Chapter 30 to the Code of the City of Hutchinson, Kansas relating to public art, establishing a percent for art program to include works of art within certain City projects, setting procedures to commission and select public art, requiring 1 % of construction project funds for certain City projects for public art, providing a funding source for ongoing maintenance of public art, and creating a procedure to deaccession public art; and authorize the Mayor to sign. Motion Second ~~~~~~~~~~- Dechant 1 n s keep Daveline ~~~~~~~~~~- Soldner Piros de Carvalho 8. NEW BUSINESS a. Consider Appeal of Landmarks Commission Decision. Action - Motion to grant the Appeal of the Landmarks Commission determination and authorize the issuance of a building permit for East Avenue A based upon a finding that there is no feasible and prudent alternative to the project; OR Action - Motion to uphold the Landmarks Commission determination and deny the issuance of a building permit for East Avenue A, thereby requiring removal of the vinyl windows, based upon a finding that there is a feasible and prudent alternative to the project; Motion Second ~~~~~~~~~~- Dechant 1 n s keep Daveline ~~~~~~~~~~- Soldner Piros de Carvalho

3 City Council Agenda May 19, 2015 Page 3 b. Consider Use of Transient Guest Tax Agreement for Atrium Convention Center. Action - Motion to approve the agreement as presented dedicating 2% transient guest tax toward improvements and renovations of the convention center as outlined and redirect the remaining 1 % toward tourism related projects or activities as determined by the City Council. Motion Second ~~~~~~~~~~- Dechant 1 n s keep Daveline ~~~~~~~~~~- Soldner Piros de Carvalho c. Consider Special Alcohol Fund Awards for Action - Motion to approve/reject the Special Alcohol. Program Fund Committee's recommendation on agency awards for Motion Second ~~~~~~~~~~- Dechant 1 n s keep Daveline ~~~~~~~~~~- Soldner Piros de Carvalho d. Consider Consultant Agreement with BG Consultants for raw water connection water line. Action - Motion to approve/not approve the proposed contract with BG Consultants, Inc. for engineering services associated with the proposed Raw Waterline Extension between Well #17 and Well #13; and authorize the Mayor to sign. Motion Second ~~~~~~~~~~- Dechant 1 n s keep Daveline ~~~~~~~~~~- Soldner Piros de Carvalho e. Consider bid report for 2015 water line replacement project. Action - Motion to approve/not approve awarding the project to Mies Construction; and authorize the Mayor to sign the contract with Mies Construction Inc. of Wichita, KS, in the amount of $870,866.60, subject to compliance with all legal requirements. Motion Second ~~~~~~~~~~- Dechant 1 n s keep Daveline ~~~~~~~~~~- Soldner Piros de Carvalho

4 City Council Agenda May 19, 2015 Page 4 f. Consider exercise of option to acquire real estate by Siemens Energy, Inc. Action - Motion to approve/disapprove the transfer of Lots 2, 8, 9, 10 and 12 of the Salt City Business Park II to Siemens Energy, Inc. and authorizing the Mayor to sign the Warranty Deed and all other necessary documents for the closing of the real estate transfer to Siemens Energy, Inc.. Motion _... _ Second Dechant 1 n s keep Daveline Soldner Piros de Carvalho 9. REPORT OF CITY OFFICIALS a. Council b. City Manager 10. EXECUTIVE SESSION a. Motion to recess into executive session for the purpose of discussing employer/employee negotiations until a.m. at which time no binding action shall be taken. Motion Second Dechant 1 n s keep Daveline Soldner Piros de Carvalho 11. ADJOURNMENT Motion Second Dechant 1 n s keep Daveline Soldner Piros de Carvalho City Council will be touring the Hutchinson Municipal Airport on May 22, 2015 beginning at 9:00 a.m. Group will gather in the lobby of the terminal at 9:00 a.m.

5 CITY O F HUTCHINSON PROCLAMATION FOR MEETING OF AGENDA ITEM FOR ACTION INFORMATION ONLY WHEREAS, over the past twenty-five years Drug Courts have served over 1.4 million individuals; and WHEREAS, Drug Courts are now recognized as the most successful criminal justice intervention in our nation's history, and 75% of Drug Court graduates will never see another pair of handcuffs; and WHEREAS, Drug Courts save up to $27 for every $1 invested and produce up to $13,000 for every individual they serve; and WHEREAS, Drug Courts significantly improve substance-abuse treatment outcomes, substantially reduce drug abuse and crime, and do so at less expense than any other justice strategy; and WHEREAS, Drug Courts facilitate community-wide partnerships, bringing together public safety and public health professionals in the fight against drug abuse and criminality; and WHEREAS, there are now 2,966 Drug Courts nationwide, and Drug Courts are the cornerstone of criminal justice reform sweeping the nation; and WHEREAS, Drug Courts demonstrate that when one person rises out of drugs and crime, we all rise, and the time has come to put a Drug Court within reach of every eligible person in need. NOW, THEREFORE, I, Jade Piros de Carvalho, Mayor of the City of Hutchinson, Kansas, do hereby proclaim the month of May, 2015, as in the City of Hutchinson. "NATIONAL DRUG COURT MONTH" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Hutchinson, Kansas, to be affixed this 19th day of May, ATIEST: Jade Piros de Carvalho, Mayor Karen Weltmer City Clerk

6 CITY COUNCIL AGENDA REPORT COUNCL COMMUNICATION FOR MEETING OF May 19, 2015 DATE: May 13, 2015 AGENDA ITEM &;n FOR ACTION SUBMITTED BY: Justin LaFountain, Associate Planner INFORMATION ONLY x RE: 2015 Citywide Spring Clean Up The 2015 citywide Spring Clean Up event was held on April 25th and 26th. As shown on the attached pages, tons of trash were removed, in addition to 81 mattresses and 9,259 pounds of electronic waste materials (collected by TECH). The 2014 statistics are also attached as comparison. This year, more tons of trash were collected than last year (not including the electronic waste). ATTACH M ENTS: 2014 Spring Cleanup Statistics 2015 Spring Cleanup Statistics

7 Citv of Hutchinson 2014 Address Tons Size Hauls Rice Park Kisawa Parkway &40 7 2/30 yd - 5/40yd 15th Ave & Van Buren &40 4 3/30yd - 1/40yd 9th & Whiteside &40 3 2/30yd - 1/ 40yd Ave A & Van Buren &40 3 2/30yds - 1/40yds 1st & Madison & of ea Bigger & Walnut st & Plum &40 4 3/30yd - 1/40yd Ave F & Chestnut &40 4 3/30yd - 1/40yd Ave B & Reformatory & of ea 1800 Carey Blvd &40 3 2/30yd - 1/ 40yd 1st & Grandview & of ea 4th & Fontron &40 4 3/30yd - 1/40yd Sports Arena &40 7 3/30yd - 4/40yd Severance Water park &40 5 1/30yd - 4/ 40yd 30th Terrace & of ea Totals /30yd hauls 29/40yd hauls

8 Citvof Hutchinson 2015 Address Tons Hauls 30yd's 40yd's TECH yd Kisawa Parkway th Ave & Van Buren th & Whiteside st & Madison st & Plum Bigger & Walnut Sherman & Taylor Ave F & Chestnut Ave B & Reformatory Carey Blvd st & Grandview th & Fontron Sports Arena Severance Water park th Terrace Totals ,259 TECH E-Waste pounds Mattress Count 81

9 .::' CITY OF HUTCHINSON MINUTES CITY COUNCIL MEETING COUNCIL CHAMBERS - HUTCHINSON, KANSAS MAY5,2015 9:00A.M. 1. The Governing Body of the City of Hutchinson, Kansas, met in regular session at 9:00 a.m. on Tuesday, May 5, 2015, in the City Council Chambers with Mayor Piros de Carvalho presiding. Councilmembers Dechant, Inskeep, Daveline and Soldner were present. 2. The Pledge of Allegiance to the flag was recited. 3. The prayer was given by Pastor Darryl Peterson of Grace Christian Church. 4. Proclamations a. A Proclamation for Bike Month and Bike to Work Day was accepted by Terry Bisbee on behalf of The Vitality Team. Mr. Bisbee spoke about the Vitality Team, their goals, activities, etc. b. A Proclamation for Kyle Petty Charity Ride Day was accepted by LeAnn Cox, Brad Evenson, Holly Leiker and Kara Higgins. LeAnn Cox thanked the City for the Proclamation; and encouraged the public to attend the autograph and photo session at the Holiday Inn Express on Thursday, May 7, 2015 from 5:00-6:00 p.m. c. A Proclamation for Preservation Month was accepted by T any Karam of the Landmarks Commission. Mr. Karam thanked the City Council; and spoke about the events that will take place at the Historic Preservation Month Celebration on Sunday, May 17, Wes Bartlett from the Landmarks Commission also thanked the City; and said preservation is an important part of the community. 5. Petitions, Remonstrances, and Communications a. Oral communications from the audience. Christopher Weitrick, 347 Liberty, founder of the Smallville, Kansas Festival, spoke. Mr. Weitrick said the festival will be held June 18-21, 2015;

10 City Council Meeting Minutes May 5, 2015 Page 2 6. Consent Agenda and spoke about some of the events including Concerts for the Cause, the Smallville Comic Con, a pub crawl, etc. He said they want to inspire people to do something in the community that benefits someone else. Mr. Weitrick also said Jim Strawn has given permission to use an outside wall of a building at Avenue A and Main for a Smallville mural. John Robinson, promoter of the Smallville Comic Con, said this year's event will double in size. Mr. Robinson said Billy Dee Williams, Lee Merriweather, Katrina Law, and others will be at the show. They are hoping to have 6,000 to 8,000 people attend the June 20 and 21 event. Mike Sullivan talked about a property he owns at Arthur and Nickerson Blvd. which is approximately two acres in size. He said this property has always had horses or goats in the pasture; and the real estate agent told him when he purchased the property that it was grandfathered in for horses or goats. He also said there has always been a hot wire there to keep the horses in. Mr. Sullivan talked about problems he has had with the City involving his goats and the hot wire he has around the property. Mayor Piros de Carvalho said she had discussed this matter with him at length several days ago; and had talked to the City Manager about this. She asked what the Council can do since this matter is in Municipal Court. John Deardoff, City Manager, said the issue is about the fence, not the goats; and the matter arose because of a complaint by an area resident. Additional discussion ensued. Ron Williams, Chairman of Hutchinson Festivals, spoke about HutchFest. Mr. Williams said there is a meeting on Wednesday, May 6, 2015 at 6:00 p.m. at the Chamber of Commerce. He said they will be adding a bike and car show this year; and HutchFest activities will be at the Fairgrounds on July 3 and 4. Mr. Williams also said they will be having a Kansas City BBQ cook-off, a talent show, dirt track racing from 81 Speedway at the grandstands, etc. Prior to the fireworks show there will be a video presentation honoring Hutchinson heroes, with area veterans participating in the video. Mr. Williams said new sponsors have come on board; and they still need volunteers to help with the events. a. Approval of Minutes of April 21, 2015 City Council meeting. b. Approval of appointments to the Hutchinson Public Library Board of the following: Mary L. Hester, 43 Meadowlark, to fill the expired term of Robert Kelly for a first four-year term from 4/30/2015 to 4/30/2019; and

11 City Council Meeting Minutes May 5, 2015 Page3 Joe Keck, 1410 Landon, to fill the expired term of Denise Neighbors for a first four-year term from 4/30/2015 to 4/30/2019. c. Approval of Cereal Malt Beverage Application for HutchFest. d. Approval of Cereal Malt Beverage Application for Qdoba Mexican Grill. e. Approval of contract with Hutchinson Theatre Guild for the 2015 subsidy. f. Approval of appropriation ordinance in the amount of $917, Motion by Councilmember Dechant, second by Councilmember Soldner to approve the Consent Agenda and authorize the Mayor to sign. The motion passed unanimously. 7. Ordinances and Resolutions a. Consider Resolution regarding reimbursement of expenses for the Sports Arena. Frank Edwards, Director of Finance, spoke. Discussion ensued. Motion by Councilmember Daveline, second by Councilmember Inskeep to approve Resolution of Intent of the City of Hutchinson, Kansas to finance certain improvements with the issuance of federally tax-exempt debt; and authorize the Mayor to sign. The motion passed unanimously. b. Consider Ordinance and accompanying documents on behalf of Commerce Gardens. Frank Edwards, Director of Finance, spoke. He also explained the City is not responsible for any of the expenses related to this project. The City Manager said a Letter of Intent was issued for this project in November, 2014; and the matter was discussed in great length with the City Council at that time. Discussion ensued. Motion by Councilmember Soldner, second by Councilmember Dechant to approve Ordinance , Bond Purchase Agreement, Trust Indenture and Lease Agreement regarding issuing Industrial Revenue Bonds on behalf of Commerce Gardens; and authorize the Mayor to sign. The motion passed unanimously. c. Consider Ordinance amending Chapter 27 of the City Code regarding offpremises signage. Jana Mccarron, Director of Planning and Development, spoke. Ms. Mccarron said this came about because of a request from the hospital for off-premise signage for the Emergency Room. Discussion ensued. Motion by Councilmember Daveline, second by Councilmember Soldner to approve the recommendation of the Planning Commission to approve Ordinance amending Sec H of the Zoning Regulations of the Hutchinson City Code; and authorize the Mayor to sign. The motion passed unanimously.

12 City Council Meeting Minutes May 5, 2015 Page 4 8. New Business a. Consider Request for Conditional Use Permit for a gasoline filling station at 1903 East 17th. Jana Mccarron, Director of Planning and Development, spoke. Discussion ensued. Motion by Councilmember Dechant, second by Councilmember Inskeep, to approve the recommendation of the Planning Commission to approve the conditional use permit for a gasoline filling station at 1903 East 17th Avenue, pursuant to the factors and conditions as outlined. The motion passed unanimously. b. Consider request to rezone 2201 North Lorraine Street. Casey Jones, Senior Planner, spoke. Mr. Jones said Jim Strawn with Strawn Development, is the owner of the property; and is requesting the rezoning although there are no current plans for development. Mr. Jones said this property is adjacent to the Family Entertainment District which is all zoned C-4; and Mr. Strawn would like to have this property zoned the same. Mr. Jones indicated a number of citizens attended the public hearing held before the Planning Commission; and expressed concerns about traffic noise, lighting, etc. Councilmember Dechant asked about any screening that might be required. Mr. Jones said there will have to be buffers and screening along the entire length of the property. Discussion ensued. Councilmember Daveline asked Mr. Strawn about his long range plans for the property. Mr. Strawn said he currently has no plans for the property, but wanted to have a contiguous piece of land for commercial development. He also said they will continue the tree row to buffer the property from residential areas. Mr. Strawn said this gives them better use of the land; and changing the zoning gives them some flexibility so they don't have to request a special use permit. Additional discussion ensued. Motion by Councilmember Soldner, second by Councilmember Inskeep, to approve the recommendation of the Planning Commission to approve the request to rezone the property at 2201 North Lorraine Street from R-5 High Density Residential District to C-4 Special Commercial District based on due consideration of the factors as outlined; and authorize the Mayor to sign Ordinance Councilmember Dechant said he wasn't present when this development was first considered ; and is glad to hear about the continuation of screening. He said he wishes there could have been a C-2 buffer, but the parcel is surrounded on two sides by a C-4 district. The motion passed unanimously. c. Consider request to rezone 419 and 423 East 13th Avenue. Casey Jones, Senior Planner, spoke. Mr. Jones said this property is across the street from the HCC campus; and this is adjacent to an existing parking lot. He said the college will remove the homes currently there; and expand the parking lot. The new lot will have an additional 56 spaces, for a total of 138 parking spaces. Discussion ensued.

13 City Council Meeting Minutes May5, 2015 Page 5 Julie Blanton of HCC, spoke. She said the college does not own any other property further west of this lot; and this simply squares off the current parking lot. Additional discussion ensued. Councilmember Daveline asked about lighting for the parking lot. Gary Holler of Schaefer Johnson Cox Frey Architecture said the current lighting is at the south end of the parking lot. Those lights would be removed ; and they would be placed closer to the center of the lot, lighting up both sides. Additional discussion ensued regarding the lighting issue. Motion by Councilmember Daveline, second by Councilmember Dechant, to approve the recommendation of the Planning Commission to approve the request to rezone the properties at 419 and 423 East 13th Avenue from R-4 Residential Neighborhood Conservation District to P/I Public and Institutional District based on due consideration of the factors as outlined; and authorize the Mayor to sign Ordinance The motion passed unanimously. d. Consider bid tabulation and award for 325 East Avenue A. Jana Mccarron, Director of Planning and Development, spoke. Motion by Councilmember Dechant, second by Councilmember Soldner, to approve the recommendation of the South Central Kansas Development District (SCKEDD) to award the 325 East Avenue A bid to DH Home Improvement; and authorize the Mayor to sign. The motion passed unanimously. e. Consider bid tabulation and award for 406 East Avenue A. Jana Mccarron, Director of Planning and Development, spoke. Motion by Councilmember Dechant, second by Councilmember Inskeep, to approve the recommendation of the South Central Kansas Development District (SCKEDD) to award the 406 East Avenue A bid to D Home Improvements and authorize the Mayor to sign. The motion passed unanimously. f. Consider Townhomes at Santa Fe Place, Phase II. (1) Consider allocation of $25, for the Townhomes at Santa Fe Place Projects. (2) Consider acceptance of a KHRC Moderate Income Housing Grant in the amount of $200, and approval of a Grant Agreement with KHRC. (3) Consider approval of an agreement with New Beginnings, Inc. for administration of the 2015 KHRC Moderate Income Housing Grant. Jana Mccarron, Director of Planning and Development, spoke about Phase II of the project. Councilmember Daveline asked about the waiver of building permit fees. Discussion ensued.

14 City Council Meeting Minutes May 5, 2015 Page 6 Shara Gonzales of New Beginnings, also spoke. She thanked staff for their support and assistance. Ms. Gonzales said it has been difficult to put the financing package together. Discussion ensued. Motion by Councilmember Dechant, second by Councilmember Soldner, to approve an additional allocation of funds in amount of $25, for the construction costs of the Townhomes at Santa Fe Place Project. The motion passed unanimously. Motion by Councilmember Daveline, second by Councilmember Inskeep, to approve an agreement with Kansas Housing Resources Corporation (KHRC) accepting a 2015 Moderate Income Housing (MIH) Grant in the amount of $200, and authorizing the Mayor to sign said agreement. The motion passed unanimously. Motion by Councilmember Soldner, second by Councilmember Dechant, to approve an agreement with New Beginnings, Inc. regarding shared administration and supervision of the 2015 KHRC MIH Grant and authorizing the Mayor to sign said agreement. The motion passed unanimously. g. Consider Contract with USO 308 for tennis court resurfacing. Justin Combs, Director of Parks and Facilities, spoke. An overview of the project was given. Mr. Combs said the remaining four courts will be done in 2016; and funds will come from the CIP budget. Councilmember Dechant asked about plans or thoughts regarding other tennis courts in the City. Mr. Combs said most of the other courts are in poor shape. He said he has had one request for pickle ball ; and said the Elmdale courts might be a good site for this. Mr. Combs also said tennis has a limited number of participants; and is not a growing sport. Motion by Councilmember Soldner, second by Councilmember Daveline, to approve the agreement with USO 308 for the resurfacing of four (4) tennis courts at Fairgrounds Park; and authorize the Mayor to sign. The motion passed unanimously. h. Consider Orchard Park Phase llla Base Bid and Alternate. Justin Combs, Director of Parks and Facilities, spoke about Phase llla of the project. Discussion ensued regarding the small number of bids we receive for projects. Councilmember Dechant asked about future plans for the park. Mr. Combs said Phase lllb will be done in 2016; and will create an inner and outer trail loop, several ball fields, etc. Phase IV will include a parking lot; and Phase V will include construction of a pavilion. He said beyond that, we get into construction of an amphitheater, lookouts, labyrinth, etc. Councilmember Daveline asked how the playground faired through the winter. Mr. Combs said it was good, adding that some pieces were damaged in shipping; and have now been replaced. Motion by Councilmember Daveline, second by Councilmember Inskeep, to accept the base bid and alternate item for Orchard Park Phase llla to APAC Shears for an amount not to

15 City Council Meeting Minutes May5, 2015 Page 7 exceed $496,384.65; and authorize the Mayor to sign the construction contract. The motion passed unanimously. i. Consider Contract with Fraternal Order of Police. Meryl Dye, Assistant City Manager, spoke about revisions to the contract. Discussion ensued regarding multi-year contracts, etc. Motion by Councilmember Inskeep, second by Councilmember Soldner, to approve the FOP Contract for 2016; and authorize the Mayor to sign. The motion passed unanimously. 9. REPORT OF CITY OFFICIALS a. Council Councilmember Soldner said she went to the Arbor Day activities at Orchard Park. She said there were many trees, shrubs and flowers planted; and it looked very nice. Councilmember Dechant had no comments. Councilmember Inskeep said he is hoping for good weather for upcoming events. Councilmember Daveline had no comments. Mayor Piros de Carvalho talked about the creation of a special task force for the impact that drug abuse has had on our community. She said it is draining Hutchinson of huge amounts of resources; and there is a frustration among businesses with the inability to hire and retain people because of drug use. The Mayor also said the county health rankings were below standard on several items; and said drug abuse is behind this. She said there is no cost to the City for this task force, except for one staff member to take minutes. She said the meetings will be held on the 4th Thursday of every month from 4:00-5:30 p.m. at City Hall. The Mayor also talked about the makeup of the task force; and said meetings will be open to the public. b. City Manager The City Manager talked about the Main Street construction project; and said the contractor wants to start on May 11. He said this is ahead of schedule; and said there will be a lot of disruption for several months. He also talked about the Sports Arena project; and said they have had their first building committee meeting.

16 City Council Meeting Minutes May 5, 2015 Page Executive Session The City Manager also talked about the Airport tour, saying the Advisory Board would like to show them around. Motion by Councilmember Soldner, second by Councilmember Dechant, to recess into executive session for the purpose of discussing employer/employee negotiations until 12:30 o'clock p.m. at which time no binding action shall be taken. 11. Adjournment Motion by Councilmember Daveline, second by Councilmember Soldner, to adjourn. The motion passed unanimously.

17 COUNCIL COMMUNICATION FOR MEETING OF AGENDA ITEM FOR ACTION INFORMATION ONLY... CITY O F HUTCHINSON CITY MANAGER'S OFFI CE MEMORANDUM TO: FROM: CC: DATE: SUBJECT: John Deardoff, City Manager Meryl Dye, Assistant City Mgr. Jim Seitnater, Downtown Development Mgr. April 24, 2015 Reappointments to the Downtown Hutchinson Revitalization Partnership Board BACKGROUND: The mission of the Partnership is to unite the private and public sectors to coordinate and leverage the activities of key organizations and entities involved in the enhancement of downtown Hutchinson, to institutionalize the effort to revitalize downtown Hutchinson, and see that the Hutchinson Downtown Economic Enhancement Strategy 2000 is done. The Board of Directors shall consist of no more than twelve {12) members represent the following interests: downtown business owners (3), downtown property owners (2), downtown bank (1), downtown cultural organization (1), chamber of commerce {1), community leaders (4). Ex-officio members include the city manager, one councilmember, the Reno County administrator, the CEO of the chamber of commerce, and the Downtown Development director. Each appointment is for three years and each individual is limited to two consecutive full terms. RECOMMENDATIONS: The board of DHRP recommends reappointment as follows: Scott Cooley, Paganica Pass, Hutchinson, is eligible for appointment to a first three-year term beginning 01/01/2015 to 01/01/2018. Mr. Cooley is a property owner in the downtown. Kris Doswell, 77 Willowbrook, Hutchinson, is eligible for reappointment to a second three-year beginning 01/01/2014 to 01/01/2017. Ms. Doswell works downtown for First National Bank. ACTION REQUIRED: Approve the reappointments of Scott Cooley and Kris Doswell to the board of the Downtown Hutchinson Revitalization Partnership, Inc. DHRP _S. Cooley_K. Doswell_2015.docx

18 MEMORANDUM DATE: April 20, 2015 TO: FROM: Meryl Dye, Assistant City Manager Downtown Manager, Jim Seitnater SUBJECT: Missing Applications for Appointment to Boards/Commissions/Committees to serve on the Downtown Hutchinson Revitalization Partnership Board for a term of 3 Years for current board members Scott Cooley and Kris Doswell for the DHRP Board files. BACKGROUND I've collected the missing applications from Scott Cooley and Kris Doswell for their terms on the Downtown Hutchinson Revitalization Partnership Board. I also included the original request for City Council approval to go along with each application. Current DHRP Board Status Scott Cooley, Board Chairman, Property Owner for his first full 3 yr. term 01 /01/ /01/2018 Kris Doswell, Treasurer, Downtown Bank Position for her second 3 yr. term 01/01/ /01 /2017 PAGE 1 OF 1

19 APPLICATI ON FOR APPOINTMENT TO BOARDS I COMMIS SIONS/ COMM ITTEES. /'PPLICANT INFORMATION Name of Board/Commission/Committee Preference: (Please complete one application for each board, com missi on, or committee membership) jj Are you presently serving on a City board, commission, or committee? If so, which one(s)? (Please provide expiration term date) Name : Residence address : City: Please advise whether you own or rent your place of residence, or possess any other real estate property within the city limits of Hutchinson. Also, please indicate whether all current and prior year real estate and personal property taxes are paid. Residence: Own Rent Property (Residence) Taxes Pa id: Other Real Estate Property Taxes Paid : \_~ent : ~Yes No c;yrrent: Yes No Prior Years: f_ Yes Prior Years : _:{_Yes Do you agree to maintain payme t of property taxes on all real estate owned by you while serving as a member of this Board/Commission/Committee : Yes No No Please Indicate below your reasons for wanting to serve on this particular board, commission, or committee. Tell us what special knowledge, skills, experience, or background you possess that you believe are applicable to this board. a""-h /.l~a_ Statement (additional pages may be included): a?:- I understand that I am expected to attend regularly scheduled meetings of the board for which I am appointed, and that frequent non-attendance may result in termination of my appointment. I understand that I must reside In, or own or rent real property within the City of Hutchinson, unless rules governing this board provide exception for me to reside, own or rent real property outside the City of Hutchinson but within Reno County. I understand that all data supplied on this application is a matter of public record and will be disclosed upon request. I affix my signature as to assure that all my taxes are up-to-date and/or paid in accordance with applicable law. ation and supple ental materials to: Box 1567, Hutchinson, KS application for appointment_revised nov 2014.docx

20 APPLICATION FOR APPOINTMENT TO BOARDS/COMMISSIONS/COMMITTEES Name of Board/Commission/Committee Preference : (Please complete on/)appl,ication for each board, com ssion, or committee membership)!:owfl-fduil ttzjtcji,'tflsoyl f~.. eaj{fa)j l-~ Are you presently serving on a City board, comm ission, or committee? If so, which one(s)? (Please provide expiration term date) DI+((_ p Residence address : City: i\nso n ZIP Code : Please advise whether you own or rent your place of residence, or possess any other real estate property within the city limits of Hutchinson. Also, please ind icate whether all current and prior year real estate and personal property taxes are paid. Residence : ls_ Own - Rent Ne>+; fl e 1'm Ifs. Property (Residence) Taxes Paid : Other Real Estate Property Taxes Paid: Current: L Yes No Current: _.'.& Yes No Prior Years : 'X Yes Prior Years : _)!:;. Yes Do you agree to maintain paymelj!. of property taxes on all real estate owned by you while serving as a member of this Board/Commission/Committee: -~- Yes STATEMENT OF INTEREST Please indicate below your reasons for wanting to serve on this particular board, commission, or committee. Tell us what special knowledge, skills, experience, or background you possess that you believe are applicable to this board. Statement (additional pages may be included): r rj ol ll.dovj ll -1-ovJY\. Cl V'L al ~~YG* C(Jylf)~ +o L;;X.,R_- r -r- fkm '-sh. I understand that I am expected to attend regularly scheduled meetings of the board for which I am appointed, and that frequent non-attendance may result in termination of my appointment. I understand that I must reside in, or own or rent real property within the City of Hutchinson, unless rules governing this board provide exception for me to reside, own or rent real property outside the City of Hutchinson but within Reno County. I understand that all data supplied on this application is a matter of public record and will be disclosed upon request. I affix my signature as to assure that all my taxes are up-to-date and/or paid in accordance with applicable law. S i gnature:a l i~,.~ Date t; /2JJ / / ::>- Return completed application and supplemental materials to: City Manager's Office, P 0 Box 1567, Hutchinson, KS No No application for appointment_revised nov 2014.docx

21 MEMORANDUM DATE: November 29, 2012 TO: FROM: SUBJECT: City Council Downtown Manager, Jim Seitnater Approval by the City Council of Ryan Diehl and Scott Cooley to serve on the Downtown Hutchinson Revitalization Partnership Board for a term of 3 Years begining 1/1/13 thru 12/31/16. BACKGROUND In 2001 the Downtown Hutchinson Revitalization Partnership was formed and approved by the City Council to unite the private and public sectors to coordinate and leverage the activities of the key organizations and entities involved in Downtown Hutchinson; to institutionalize their effort to revitalize Downtown Hutchinson and see that the Economic Enhancement Strategy 2000 is done. This 12 member board should represent the following interests: downtown business owners, downtown property owners, downtown banking, downtown cultural organization, and Chamber of Commerce and community leaders. RECOMMENDATION The members in attendance at the DHRP Annual Dinner Meeting on November 13, 2012 and the board members attending their November 14, 2012 meeting have approved and recommend to the City Council for their approval the following individuals to serve a 3 Year Term on the Downtown Hutchinson Revitalization Partnership Board beginning January 1, 2013 thru December 31, Ryan Diehl as a Community Leader Scott Cooley as a Business Owner MOTION Approve/not approve Ryan Diehl and Scott Cooley for a 3 Year Term on the Downtown Hutchinson Revitalization Partnership Board. PAGE 1 OF 1

22 Date: December 10, 2010 To: John Deardoff, City Manager From: Jim Seitnater, Downtown Manager Subject: 2011 Downtown Hutchinson Revitalization Partnership Board for the Mayor's review and City Council approval. BACKGROUND: In 2001 the Downtown Hutchinson Revitalization Partnership was formed and approved by the City Council to unite the private and public sectors to coordinate and leverage the activities of the key organizations and entities involved in Downtown Hutchinson; to institutionalize their effort to revitalize Downtown Hutchinson and see that the Economic Enhancement Strategy 2000 is done. This 12 member board should represent the following interests: downtown business owners, downtown property owners, downtown banking, downtown cultural organization, and Chamber of Commerce and community leaders. RECOMMENDATION: The Downtown Hutchinson Revitalization Partnership Organization Committee nominated the following to the membership present on Tuesday, November 9th at the Annual Business Meeting and they were approved and sent to the DHRP Board; who on Wednesday, December g th approved the following appointments. The DHRP board and membership recommend the following appointments and terms to the 2011 (DHRP) Downtown Hutchinson Revitalization Partnership Board for approval by the Mayor and the City Council. Current Board Members for a 2nd Term Alice Jane Hayes - Property Owner from 1/01/2011till12/31/2014 Jim Gruver - Property Owner from 1/01/2011till12/31/2014 John Montgomery - Community Leader from 1/01/2011 till 12/31/2014 New Board Members for a 1st Term Kris Doswell - Downtown Bank Representative from 1/ till 12/31/2014 Tim Dressman - Community Leader from 1/01/2011 till 12/31/2014 Jill Brown - Business Owner from 1/01/2011 till 12/31/2014 Replacement Board Member Lovella Kelley for Kristi Nuest - Property Owner from 1/01/2011 to 12/31/2011

23 COUNCIL COMMUNICATION FOR MEETING OF AGENDA ITEM FOR ACTION INFORMATION ONLY CITY OF HUTCHINSON 125 E. A venue B Hutchinson KS PERMIT APPLICATION FOR USE OF PUBLIC STREETS/SIDEWALKS (Parades, Walks, Runs, Etc.) V Name of Event tfo~i Estimated Number of Participants b:jo ~~tjnitj. Name and address of sponsoring organization C.'20, 6~ J, b/-7=7 Telephone Number 3. TO<.J7 E-PV.?4'1 Event Coordinator Telephone Number /::;!? I.Sj'dC/i[ Mailing address of event coordinator of event coordinator and sponsoring organization 4. ~Tl:tv.v fk,,l;qj Proposed Event Location and Route (ATTACH A ROUTE MAP) 5. Are additional traffic control devices needed (i.e. barricades, etc.)? Yes L No If yes, explain ~ LJ'4i~~ Ault= A 6. Will a street sweeper be required (animals in parade, etc.)? Yes No ~ Note: No hoofed animals are allowed in City parks. 7. Will a sound amplification system be used? Yes _LNo _ Ifyes, contact the City Manager's office for a sound permit. 8. INSURANCE IS REQUIRED: Name oflnsurance Company lu.fjt/36-vlj (ATTACH CERTIFICATE OF INSURANCE) NOTE: A certificate of insurance naming the City of Hutchinson as the insured is required for permit approval. /ly9'] I 2.., LJ.J I 5" Date

24 WAveA ~-~-~~~... + Ave A I (f)

25 PRESENTED BY: HUTCHINSON RFGIC /l ~ L t- l ~ ~ MAY in HUTCHINSON, KANSAS Cheer on semi-pro bicyclists as they take on the first-ever Salt City Criterium Classic in Downtown Hutchinson & the Kansas State Fairgrounds! This two-day event is FREE for spectators and is family-friendly with vendor expos, entertainment, food, and more! Registration is required for competitors - check out for fees and details.!!.'. +. W!::ih'?m~ 'i l Fr, l hl.~i s.n>-t<ut- + $ : i: ~ t :- MAY 23 DOWNTOWN HUTCHINSON 0 1 PARK 3-8 p.m.: Criterium Races in Downtown Hutchinson (see map) Featuring: Open, Women's Masters, Open Masters, Women's & Open Professional FREE Kids Ride (3 & Under; 4-6; 7-9) MAY 24 KANSAS STATE FAIRGROUNDS 9 a.m.-4 p.m.: Criterium Races at State Fairgrounds Featuring: Open, Women's Masters, Open Juniors, Women's & Open Professional FREE Kids Ride (3 & Under; 4-6; 7-9)

26 { " Interoffice Memorandum To: Honorable Mayor and City Council From: Frank Edwards, Director of Finance Date: May 19, 2015 Re: April City Council Financial Reports FOR MEETING OF AG ENDA IT EM City of Hutchll.fi'Rm 0 ~1~N~oNL!::.!_Y i,,,,, J Finance Department Each month the Finance Department provides three monthly reports consisting of 1) Statement of Cash Receipts, 2) Statement of Expenditures, 3) Statement of Cash Receipts, Expenditures and Cash Balances. These financial reports for April 2015 are submitted for your information and review. The Statement of Cash Receipts for April is a Year-to-Date report of all cash received. Through April the General Fund collections were $13.5 Million as property tax receipts make up $5.4 Million and Sales Taxes contributed $4.1 Million of this total. The seasonal property tax collection represented 56.7% of the full year budget for this item. April YTD sales tax collections were ahead of budget by $0.21 Million. Special Revenue Funds, which includes the Recreation Commission were $2.2 Million. Through April this fund group collected 34.9% of the full year budget. The Debt Service Fund is for collection of special assessments and taxes to support bonded City projects. YTD April collections were $2.4 Million or 53.6% of the annual budget due to timing of property tax collections. The Enterprise Funds are for services that are intended to be fully self-supported. The largest of these funds are the Refuse Collection, Water and Sewer which account for approximately 90% of the Enterprise Fund collections. The collection within these funds was $5.3 Million through April. The Statement of Expenditures is a report of expenditures by the four fund categories mentioned in the preceding paragraph. YTD April, the General Fund expenditures were $9.8 Million compared to collections of $13.6 Million as the timing of property tax collections impact this comparison. The Special Revenue Fund expenditures are listed by fund type for review and are impacted by seasonal usage in several of these funds.

27 City of Hutchinson Statement of Cash Receipts - Actual versus Budget Budgeted Funds For the period ending April 30, 2015 Percentage Percentage Original Cash Over (Under) of Budget of Year Budget Receipts Budget Collected Complete General Fund Taxes Ad Valorem Property Tax $ 9,473,232 $ 5,371,548 $ (4, 101,684) 56.70% 33.33% Ad Valorem Vehicle Tax 1,066, ,660 (928,442) 12.91% 33.33% Other Vehicle Taxes 16,384 4, 171 (12,213) 25.46% 33.33% In Lieu of Taxes 6, (6,543) 0.86% 33.33% Delinquent Tax Collections 240,000 55,875 (184, 125) 23.28% 33.33% Local Sales Tax - Countywide 5,226,485 1,860,365 (3,366, 120) 35.59% 33.33% Local Sales Tax - Citywide 6,387,926 2,223,990 (4, 163,936) 34.82% 33.33% Intoxicating Liquor Tax 12,500 2,175 (10,325) 17.40% 33.33% Other Revenue Franchise Fees 4,932,700 1,831,288 (3,101,412) 37.13% 33.33% Intergovernmental 2,594, ,538 (1,599,302) 38.37% 33.33% Licenses and Permits 444, ,093 (281,107) 36.72% 33.33% Fines and Forfeitures 692, ,864 (445,136) 35.67% 33.33% Use of Money & Property 20,000 7,088 (12,912) 35.44% 33.33% Public Safety 107,500 31,371 (76,129) 29.18% 33.33% Recreation and Concessions 116,800 85,492 (31,308) 73.19% 33.33% Central Garage/Custodial Services 1,401, ,980 (975,199) 30.40% 33.33% Miscellaneous Revenue 176, ,481 (45,689) 74.07% 33.33% lnterfund Transfers 7,301 0 (7,301) 0.00% 33.33% Total General Fund 32,921,919 $ 13,573,035 (19,348,884) 41.23% 33.33% Special Revenue Funds Special Street 2,577, ,015 $ (1,728,075) 32.94% 33.33% Special Parks & Recreation 203,469 24,099 (179,370) 11.84% 33.33% Special Alcohol Programs 90,816 24,099 (66,717) 26.54% 33.33% Convention & Tourism Promotion 700, ,113 (375,887) 46.30% 33.33% Fun Valley 329,834 55,859 (273,975) 16.94% 33.33% Recreation Commission 1, 116, ,483 (538,428) 51.79% 33.33% Animal Shelter 456,792 82,701 (374,091) 18.10% 33.33% Tax Incremental Financing 193,667 50,548 (143,119) 26.10% 33.33% Community Improvement District 162,000 54,053 (107,947) 33.37% 33.33% E 911 Surcharge 336, ,428 (226,572) 32.57% 33.33% Total Special Revenue Fund 6,166,579 2,152,398 (4,014,181) 34.90% 33.33% Debt Service Funds Bond and Interest 4,404,423 2,365,270 $ (2,039,153) 53.70% 33.33% Enterprise Funds Refuse Collection 2,287, ,428 $ (1,534,072) 32.94% 33.33% Golf Course 866, ,401 (613,599) 29.15% 33.33% Airport 483, ,357 (371,890) 23.04% 33.33% Water Utility 7,108,972 2,112,146 (4,996,826) % 33.33% Sewer Utility 5,983,818 1,906,231 (4,077,587) 31.86% 33.33% Storm Water Utility 560, ,244 (370,756) 33.79% 33.33% Total Enterprise Fund $ 17,289,537 $ 5,324,806 $ (11,964,731) 30.80% 33.33% Total Budgeted Funds $ 60,782,458 $ 23,415,510 $ (37,366,948) 38.52% 33.33%

28 City of Hutchinson Statement of Expenditures - Actual versus Budget Budgeted Funds For the period ending April 30, 2015 General Fund: City Council City Manager Human Resources Finance Utility Billing Purchasing Information Technology Planning Downtown Development Housing Development City Attorney Municipal Court Public Works Engineering $ Original Budget 25,000 $ 318, , , , , , , , , , ,615 1,225,509 1,353, 126 Expenditures 9,861 $ 117, , , ,083 44, , ,507 33,895 36,831 62, , , ,330 Over (Under) Budget 15, , , , ,874 85, , ,971 97, , , , , ,796 Percentage of Budget Expended 39.44% % 28.28% 30.32% 28.90% 34.26% 31.08% 30.23% % % % 28.48% 29.68% 26.93% Percentage of Year Complete 33.33% 33.33% 33.33% 33.33% 33.33% 33.33% 33.33% 33.33% 33.33% 33.33% 33.33% 33.33% 33.33% 33.33% Central Garage Street Lighting 1,662, , , ,379 1,161, , % 36.00% 33.33% 33.33% Parks 3,611, ,480 2,737, % 33.33% Police 8,679,656 2,740,417 5,939, % 33.33% Fire Inspection Animal Control Growth Fund Economic Opportunity Economic Development 8,082, , , , ,395 2,450, ,772 55, , ,851 5,631, , , , , % 29.34% 30.15% % #DIV/O! 8.55% 33.33% 33.33% 33.33% 33.33% 33.33% 33.33% Non-Departmental 6,002,738 1,707,320 4,295, % 33.33% Overhead Cost Allocation (3, ) (1,084,631) (2, 169,262) 33.33% 33.33% Total General Fund $ 33, 645,381 $ 9,765,193 $ 23,880, % 33.33% Special Revenue Funds: Special Street $ 2,577, ,936 $ 1,853, % 33.33% Special Park and Pool 203,470 27, , % 33.33% Special Alcohol Convention and Tourism 97, ,000 44, ,113 52, , % 46.30% 33.33% 33.33% Fun Valley Recreation Commission Animal Shelter 329,834 1,1 16, ,792 90, ,483 99, , , , % 51.79% 21.76% 33.33% 33.33% 33.33% Tax Incremental Financing 473, , , % 33.33% Community Improvement District 162,000 54, , % 33.33% E-911 Surcharge 608,325 31, , % 33.33% Total Special Revenue Funds $ 6,724,803 $ 2, 155,494 $ 4,569, % 33.33% Debt Service Funds: Bond and Interest $ 5,127, ,076 $ 4,607, % 33.33% Enterprise Funds: Refuse Collection $ 2,264, ,341 $ 1,686, % 33.33% Golf Course 866, , , % 33.33% Airport 483, , , % 33.33% Water Utility 8,434,175 2,498,073 5,936, % 33.33% Sewer Utility 6,690,959 1,833,945 4,857, % 33.33% Storm Water Utility 157,655 38, , % 33.33% Total Enterprise Funds 18,896,425 5,329,258 13,567, % 33.33% Total Budgeted Funds $ 64,394, 119 $ 17,770,021 $ 46,624, % 33.33%

29 City of Hutchinson Statement of Cash Receipts, Expenditures and Cash Balance All City Funds For the period ending April 30, 2015 Outstanding Unencumbered Unencumbered Encumbrances Ending Cash Balance Cash Cash Balance and Cash Balance Janua!l'. 1, 2015 Receiets Exeenditures Aeril 30, 2015 Accounts Pa~able Aeril 30, 2015 Governmental Type Funds General $7,038,214 $13,573,035 $9,765,193 $10,846,057 $10,846,057 Special Revenue Funds Special Street 849, , , ,078 Special Parks & Recreation 24,099 27,650 (3,550) (3,550) Special Alcohol Programs 9,330 24,099 44,990 (1 1,561) (11, 561 ) Convention & Tourism Promotion 324, ,113 0 Fun Valley 55,859 90,785 (34,926) (34,926) Recreation Commission 578, ,483 0 Animal Shelter 82,701 99,395 (16,694) (16,694) Tax Incremental Financing 1,278,444 50, , 148 1,148,843 1, 148,843 Community Improvement District 0 54,053 54,053 0 E 911 Surcharge 628, ,428 31, , ,288 Federal and State Grants 240, , , , ,138 Gossage Animal Shelter (4,784) 4,676 19,284 (1 9,392) (19,392) Municipal Equipment Reserve 1,523, , ,108 1,162,851 1,162,851 Debt Service Funds Bond and Interest 3,463 2,365, ,076 1,848,657 1,848,657 Enterprise Funds Refuse Collection 179, , , , ,438 Golf Course 252, ,732 (3,332) (3,332) Airport 111, ,388 (13,030) (13,030) Water Utility 6,095,140 2,112,1 46 2,498,073 5,709,213 14,524 5,723,737 Sewer Utility 4,138,284 1,906,231 1,833,945 4,210,570 4,210,570 Storm Water Utility 1,206, ,244 38,778 1,356,986 1,356,986 Fiduciary Funds Hutchinson Community Foundatior 144, , , ,072 Donations 83,935 92,278 65, , ,635 Payroll Clearing (14,772) 53,567 (68,338) (68,338) Fire Proceeds 5,447 41,765 5,447 41,765 41,765 Internal Service Funds Health & Dental Insurance 3,895,980 1,326,370 1,592,138 3,630,212 3,630,212 Risk Management 1,669,201 89, ,186 1,245,503 1,245,503 Worker's Compensation 1,931,385 3, ,306 1,807,612 1,807,612 Central Purchasing 62, ,267 93,268 75,719 75,719 Capital Project Funds Special Assessments (156,24 2) 0 204,396 (360,638) (360,638) Capital Improvement Projects 1,883, , ,209 1,905,454 1,905,454 Capital Improvement Reserve 11,1 31,867 1,706,187 1,006,601 11,83 1,453 11,831,453 Total All Funds $42,974,078 $27,766,977 $22,722,972 $48,018,083 $14,524 $48,032,606

30 PREPARED 05/13/2015, EXPENDITURE APPROVAL LIST AS OFo 05/13/2015 CHECK DATEo 05/13/2015 PROGRAMo GM339L City of Hutchinson VEND NO SEQ# VENDOR NAME VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK INVOICE DATE NO DESCRIPTION AMOUNT AMOUNT NO NO NO COUNCIL COMMUNICATION FOR MEETING OF AGENDA. ITF~M I FOR ACTION I,,,...= I INIE. >rl.{ma'fl@n ONLY IA A A SWEEPING SERVICE 5244 U /12/ ABCREATIVE, INC 4946 U /07/ AGRI CENTER 5245 U /12/ AIRGAS USA, LLC U /12/ U /12/ ALLIED ELECTRONICS, INC U /12/ U /12/ MAY 15 CONTRACT SWEEPING PLAYGROUND MULCH UNIT #72 REPAIR PARTS CYL REFILL CYL REFILL COOLING FAN & FRT FRT & COOLING FAN AMERICAN BOILER & MECHANICAL U /07/ HEATING COIL-ARENA ANIMAL SHELTER Cl88934# /13/ RESTITUTION DEMETRIUS CAN APPLE LANE ANIMAL HOSPITAL PA 11130APR U /11/ APR U /12/ APR U /12/ AT&T MAY U /12/ B & B HYDRAULICS, INC 5087 U /11/ U /11/ U /11/ BETTY FEHDRAU 971FEHDRAU 4948 U /07/ BLACK HILLS ENERGY APR 15 VET SERVICES/ZOO VET SUPPLIES VET SERVICES MAY 15 SERVICE UNIT #119 HYD HOSE UNIT #119 REPAIR PARTS COMPRESSOR PARTS RICE 5/3/15 BETTY FEHDRAU 9, , , , , , , , so 00 \. "I

31 PREPARED 05/13/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/13/2015 CHECK DATEo 05/13/2015 PAGE 2 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT NO NO NO DATE NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT BLACK HILLS ENERGY MAY U /11/ MAY 15 SERVICE BONNETTE GALA UT 04 05/07/ REFUND CK/605 E 3RD BRIDGMAN OIL COMPANY 4949 U /07/ U /07/ UNLEADED FUEL DIESEL FUEL BRULIN & COMPANY, INC 4951 U /07/ VET SUPPLIES 1, BRYANT & BRYANT CONST, INC U /07/ P0# CURB/GUTTER REP CALLAWAY GOLF SALES COMPANY U /07/ PRO SHOP MERCHANDISE U /07/ PRO SHOP MERCHANDISE , , CENTRAL KANSAS VETERINARY CENTER 4955 U /07/ VET SERVICES 4956 U /07/ VET SERVICES 4957 U /07/ VET SERVICES 4958 U /07/ VET SERVICES 4959 U /07/ VET SERVICES 4960 U /07/ VET SERVICES 4961 U /07/ VET SERVICES 5253 U /12/ VET SERVICE 5254 U /12/ VET SERVICES 5255 U /12/ VET SERVICES 5256 U /12/ VET SERVICES 5257 U /12/ VET SERVICES 5258 U /12/ VET SERVICES 5259 U /12/ VET SERVICES CENTURY LINK APR U /12/ APR 15 SERVICE 1, CFA SOFTWARE, INC U /12/ SERVICE CONTRACT , CHIEF-LAW ENFORCEMENT SUPPLY 1,695.00

32 PREPARED 05/13/2015, 3,52,36 PROGRAM, GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OF, 05/13/2015 CHECK DATE, 05/13/2015 PAGE VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT CHIEF-LAW ENFORCEMENT SUPPLY U /07/ UNIFORM CLOTHING CONCRETE ENTERPRISES INC 4963 U /07/ CONCRETE llth & PERSHING CONRAD FIRE EQUIPMENT, INC 5091 U /11/ U /11/ TRK-4 PARTS & LABOR REELS - BRANCH UNITS , , COOPER TIRE SERVICE INC 1GS U /12/2015 1GS U /12/2015 1GS U /12/2015 1GS U /12/ U /12/ U /12/ U /12/ UNIT #10 NEW TIRES UNIT #231 NEW TIRES UNIT #203 NEW TIRES UNIT #228 NEW TIRES UNIT #318,325 NEW TIRE & UNIT 925 TIRE REPAIR USED TIRE-UNIT #0 13, CORNERSTONE RISK SOLUTIONS LLC 4964 U /07/ U /07/ U /07/ U /07/ CONSULTING FEE-MED C TH QTR CONSULTING F 2014 CONSULTING FEE 2015 lst QTR CONSULTING F 1, , , , CORRECT CARE SOLUTIONS, LLC U /07/ REPRICING SERVICE 10, COX MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY COMMUNICATIONS (OK CITY) U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/ MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE ,

33 PREPARED 05/13/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/13/2015 CHECK DATEo 05/13/2015 PAGE VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT cox MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY MAY COMMUNICATIONS (OK CITY) U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/ MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE MAY 15 SERVICE , CRYSTAL HOWELL MC # /13/ CULLIGAN WATER TREATMENT 64386APR U /11/ APR U /12/ APR U /12/ APR U /12/ APR U /12/ DANA ANDERSON MC # /13/ DANIEL DICK Il00413# /13/ RESTITUTION LLOYD PARKER APR 15 WATER SERVICE APR 15 WATER SERVICE APR 15 WATER SERVICE DRINKING & LAB WATER SERV LAB & DRINKING WATER SERV RESTITUTION AARON COOPER RESTITUTION DOMINIQUE BRO 9, DANKO EMERGENCY 4969 U U U EQUIP-NE 05/07/ /11/ /11/ VALVE REPAIR KITS MOUNTING PLATES HOSE CLAMP , DANNY MASON 5,373.02

34 PREPARED 05/13/2015, PROGRAM, GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/13/2015 CHECK DATEo 05/13/2015 PAGE VEND NO INVOICE NO SEQ# VENDOR NAME VOUCHER P.O. NO NO BNK CHECK/DUE DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT Cl89959#22 00 DANNY MASON /13/ RESTITUTION MIGUEL JUAN DARLING DRILLING CO 5275 U /12/ CASING EW-2 REPAIR DETRIOT DENKER, AMY 5273 U /12/ PER DIEM CONF-RECLAIMING DILLON JOE S UT 04 05/11/ REFUND CK/411 W 23RD DILLONS LOSS PREVENTION MC FINAL /13/2015 MC FINAL /13/ RESTITUTION STACEY PLANTZ RESTITUTION HEIDI STORY DILLONS LOSS PREVENTION MC FINAL /13/2015 Cl86235FINAL /13/ RESTITUTION MICHELLE SAGE RESTITUTION TIMOTHY JACKS DILLONS LOSS PREVENTION Cl85115FINAL /13/ RESTITUTION MARTIE BLACK DIRK KUKULA MC090260# /13/ RESTITUTION TRACY ROBERTS DOCUMENT RESOURCES U /12/ U /12/ U /12/ U /12/ U /12/ APR 15 SHRED SERVICE APR 15 SHRED SERVICE APR 15 SHRED SERVICE APR 15 SHRED SERVICE APR 15 SHRED SERVICE DPC ENTERPRISES, L.P U /12/ U /12/ CAUSTIC SODA TOTES CAUSTIC SODA TOTES , , EDIGER ELECTRIC U /11/ RELOCATE DEFECTIVE SWITCH 4, FORKER SUTER LLC

35 PREPARED 05/13/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/13/2015 CHECK DATEo 05/13/2015 PAGE 6 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT FORKER SUTER LLC 4970 U /07/ APR 15 MUN CT PROSECUTOR 3, GOLDSTAG SECURITY 5132 U /11/ APR 15 SECURITY SERVICE-Z 3, GRAINGER U /11/ WINDSOCK KIT GRASS PAD INC 5135 U /11/ QUICK DRY, FIELD MARKER GREAT PLAINS MOTORSPORTS LLC 5134 U /11/ ATV REPAIRS HARE, CHRISTY M U /11/ TECH SERV, WEB MAINT HARRIS DAVID UT 04 05/07/ REFUND CK/1209 E 3RD GV HENRY SCHEIN ANIMAL HEALTH 5282 U /12/ VET SUPPLIES A002YN 00 HIBU INC - WEST 4971 U /07/ MID KS ADVERTISING HIGH-REACH EQUIPMENT RENTAL SALES U /07/ EQUIP RENTAL U /12/ EW-2 REPAIRS-MINI EXCAVAT U /12/ MINI EXCAVATOR-REPAIR RW HIGHWAY 50 STORAGE MAY U /11/ MAY 15 STORAGE UNIT HILL'S PET NUTRITION SALES, INC U /07/ ANIMAL FOOD U /07/ ANIMAL FOOD U /12/ ANIMAL FOOD , ,

36 PREPARED 05/13/2015, PROGRAM, GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/13/2015 CHECK DATEo 05/13/2015 PAGE VEND NO INVOICE NO SEQ# VENDOR NAME VOUCHER P.O. NO NO BNK CHECK/DUE DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT HILL'S PET NUTRITION SALES, INC HOLL RAYMOND 0 UT 04 05/08/2015 VENDOR TOTAL REFUND CK/119 BROOKVIEW HUTCHINSON CLINIC, PA 4975 U /07/2015 VENDOR TOTAL CDL EXAM MEDICAL SERVICE HUTCHINSON PUBLISHING CO 0RD# U /11/2015 0RD# U /11/2015 ORD# U /11/ / U /07/2015 0# / U /11/2015 VENDOR TOTAL REZONING N. LORRAINE AC#l REZONING E. 13TH ACC#l AMENDING CHP 27 SIGN REGS APR 15 LG#582224,583167/A ORD# BRIDGE IMP PRO VENDOR TOTAL 00 HUTCHINSON RENO CO CHAMBER OF COMM 5142 U /11/ MAY 15 SUBSIDY , VENDOR TOTAL HUTCHINSON THEATRE GUILD, INC 2015SUBSIDY 5143 U /11/ SUBSIDY CONTR #2015C 4, , IBT INC 5287 U /12/ UOJ /07/ U /07/ UOJ /07/ U /07/ U /07/2015 VENDOR TOTAL STOCK FILTERS FIRST AID & SAFETY SUPPLI FIRST AID SUPPLIES FIRST AID SUPPLIES FIRST AID SUPPLIES FIRST AID SUPPLIES 2, CREDIT INPRO CORPORATION U /07/ UOJ /07/ U /07/ U /07/2015 VENDOR TOTAL COURSE RR UPDATE COURSE RR UPDATE COURSE RR UPDATE RETURN PRODUCT IRRIGATION & TURF EQUIPMENT, INC U /11/ JD GATOR BED 1, ISLAND BUSINESS GROUP, INC 5286 U /12/2015 VENDOR TOTAL SUPPORT ADOPT A FRIE JACKSON LEWIS P.C. VENDOR TOTAL

37 PREPARED 05/13/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/13/2015 CHECK DATEo 05/13/2015 PAGE 8 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT JACKSON LEWIS P.C U /07/ MAR 15 LABOR RELATIONS 3, JAN SMOLEY 1152SMOLEY 4987 U /07/ HBS 4/26/15 JAN SMOLEY 3, JCI INDUSTRIES, INC 5145 U /11/ PUMP REPAIR 35TH & ELM HENDERSON JENIFER HENDERSON 4988 U /07/ RICE 4/26/15 JENIFER HEND JOSEPH CLAXTON MC BDRET /13/ JP PIPELINE MC090946# /13/ JUSTIN R. BAIR Cl89390REFUND /13/ KAMMAVONGSA VICTOR SP UT 04 05/12/ BOND RETURN JOSEPH CLAXTO RESTITUTION JASON CUNNING REFUND OVERPAYMENT JUSTIN REFUND CK/113 W 8TH KANSAS DEPT OF TRANSPORTATION TAL140058STUDY 4989 U /07/ TOWER STUDY,ANALYSIS , KANSAS GAS SERVICE APR U /11/ APR U /11/ APR U /11/ APR U /11/ ZMAY U /11/ APR U /11/ APR U /11/ APR U /11/ APR U /11/ APR U /11/ APR U /11/ APR U /11/ APR U /11/ APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE MAY 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE 1, ,

38 PREPARED 05/13/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/13/2015 CHECK DATEo 05/13/2015 PAGE VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT KANSAS GAS SERVICE APR U /11/ APR 15 SERVICE KANSAS GOLF & TURF, INC U /11/ TURBINE BLOWER 3, , KANSAS STATE VET DIAGNOSTIC LAB Dl U /12/ RABIES TEST KEVIN MCCARTHY M # /13/ RESTITUTION MATTHEW COLE KEY EQUIPMENT AND SUPPLY CO U /11/ VACTOR HOSE KWIK SHOP LOSS PREVENTION Cl93287# /13/ RESTITUTION WILFRED PITON LANGUAGE LINE SERVICES U /11/ APR 15 OVER PHONE INTERPR U /11/ APR 15 OVER PHONE INTERPR LAW OFFICE OF BENJAMIN FISHER U /11/ APR 15 CT APP ATTORNEY LAYNE CHRISTENSEN CO U /12/ RO PUMP REPAIR LOGICMAZE STMT 4990 U /07/ COLLAGES-PROETT & BUSH LONGS OF HUTCHINSON MC # /13/ RESTITUTION LORESSA TURNE LYLE JR., WILLIAM F U /12/ MUN CT JUDGE PRO TEM 6, , , , , , , MARK NELSON

39 PREPARED 05/13/2015, 8, 52' 36 PROGRAM' GM3 3 9L City of Hutchinson EXPENDITURE APPROVAL LIST AS OF, 05/13/2015 CHECK DATE' 05/13/2015 PAGE 10 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT MARK NELSON M04-589# /13/ MEANS LISA M UT 04 05/07/ MEGAN N. DAVIS MC BDRET /13/ RESTITUTION STEVEN LAMUNY REFUND CK/417 W. 12TH BOND RETURN MEGAN MOORE MES-MIDAM U /07/2015 U /12/ HEADNET-PROTECTION GEAR NOZZLES MID-AMERICA REDI-MIX INC 5012 U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ CONCRETE 1218 N. MONROE CONCRETE 3 E. 37TH CONCRETE 427 HOWARD CONCRETE 606 E. 15TH CONCRETE 903 DUFFY CONCRETE 303 CRESCENT CONCRETE 308 CRESCENT CONCRETE 1000 OLD FARM ES CONCRETE 1007 BRAMBLEBUSH CONCRETE 1011 OLD FARM ES CONCRETE 1107 OLD FARM ES CONCRETE 24TH & DOVER CONCRETE 24TH & WESTMINES CONCRETE 2702 DICKENS CONCRETE 2703 DICKENS CONCRETE 2704 DICKENS CONCRETE 2706 DICKENS CONCRETE 2707 DICKENS CONCRETE DOVER & STONEBRI CONCRETE HENDRICKS & BRIS CONCRETE MANCHESTER & NOT CONCRETE NOTTINGHAM & WES CONCRETE SWARENS & DOVER CONCRETE 1200 BLK OF STON CONCRETE 1200 STONEBRIDGE CONCRETE 1201 STONEBRIDGE CONCRETE 1209 STONEBRIDGE CONCRETE 1229 STONEBRIDGE CONCRETE 1308 STONEBRIDGE CONCRETE 1404 STONEBRIDGE CONCRETE 1420 STONEBRIDGE CONCRETE 1424 STONEBRIDGE , , , , , , , , , , , , , ,067.00

40 PREPARED 05/13/2015, 8:52:36 PROGRAM: GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OF: 05/13/2015 CHECK DATE: 05/13/2015 PAGE 11 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT MID AMERICA REDI-MIX INC 5018 U /07/ U /07/ U /07/ U /07/ U /07/ U /07/ CONCRETE 2708 DICKENS CONCRETE 30TH & BANNOCK CONCRETE 30TH & TARTAN CONCRETE HENDRICKS & STON CONCRETE STONEBRIDGE & DO CONCRETE TARTAN TRAIL 1, , , MID-KANSAS TENT AND AWNING 5030 U /07/ CONVEYOR CHUTE 36, MIDWEST SUPERSTORE FORD-LINCOLN 5031 U /07/ U /07/ UNIT #124 REPAIR PARTS UNIT #124 RADIATOR ASYM MIDWEST TRUCK EQUIPMENT INC U /11/ MARKER LIGHTS ll9 MILLER BRANDON J UT 04 05/11/ REFUND CK/17 W 15TH MINE SAFETY APPLIANCES CO LLC 5168 U /11/ SENSOR & FRT 5169 U /ll/ FRT & SENSOR , MCGAUGHEY NANCY MCGAUGHEY 5033 U /07/ HBS 5/3/15 NANCY MCGAUGHE 1, NIKE USA, INC U /07/ PRO SHOP MERCHANDISE NISLY BROTHERS TRASH SERVICES, INC U /11/ COMM GARDEN PORT A POTTY 5166 U /11/ GRIT DISPOSAL OFS, INC 5170 U /11/ FERROUS CHLORIDE , PARK WHOLESALE CI U /07/ LANDSCAPE CONTAINERS 3,

41 PREPARED 05/13/2015, 3,52,36 PROGRAM, GM339L city of Hutchinson EXPENDITURE APPROVAL LIST AS OF, 05/13/2015 CHECK DATE' 05/13/2015 PAGE 12 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT PARK WHOLESALE PARKER OIL CO.,INC U /12/ U /12/ U /12/ U /12/ U /12/ U /12/ GAS COMPRESSOR OIL DRUM DEPOSIT DRUM DEPOSIT DRUM DEPOSIT 55 GAL DRUM DEPOSIT DRUM DEPOSIT , PATHFINDER SYSTEMS, INC 5171 U /11/ U /11/ GAS COMPRESSIR & FRT FRT & GAS COMPRESSOR 1, , PAVING MAINTENANCE SUPPLY INC CREDIT U /07/2015 U /07/ CRACK SEALANT INCORRECT BILLING CREDIT 9, , APRIL Sl PEPSI COLA COMPANY 5173 U /11/ CONCESSION PRODUCT 5174 U /11/ CONCESSION PRODUCT PRAIRIE FIRE COFFEE 5038 U /07/ CONCESSION PRODUCT 5175 U /11/ CONCESSION PRODUCT PRAIRIE VISTA VETERINARY HOSPITAL U /12/ VET SERVICES PRAIRIELAND PARTNERS U /12/ STOCK FILTERS PROFESSIONAL TURF PRODUCTS, LP 5039 U /07/ REPAIR PARTS PYRAMID SCHOOL PRODUCTS /07/ JANITORIAL SUPPLIES R.E. PEDROTTI CO., INC U /12/ PH SENSOR & FRT 22, , ,

42 PREPARED 05/13/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/13/2015 CHECK DATEo 05/13/2015 PAGE 13 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT R.E. PEDROTTI CO., INC U /12/ FRT & PH SENSOR RADIOLOGY PROFESSIONALS 5041 U /07/ INMATE MEDICAL J. KENYON RENO COUNTY SHERIFF DEPT MAY15VERIZON 5301 U /12/ MAY 15 SERVICE RENO COUNTY TREASURER JAN-MAR15LEC 5043 U /07/2015 JAN-MAR15DETCTR5042 U /07/2015 JAN-MAR15LEC 5045 U /07/2015 JAN-MAR15LEC 5044 U /07/2015 JAN-MAR15LEC 5046 U /07/2015 JAN-MAR15LEC 5047 U /07/2015 JAN-MAR15LEC 5048 U /07/2015 JAN-MAR15LEC 5049 U /07/2015 JAN-MAR15LEC 5050 U /07/2015 JAN-MAR15LEC 5051 U /07/2015 JAN-MAR15LEC 5052 U /07/ JAN-MAR 15 COMPENSATION JAN-MAR15 DETENTION CTR C JAN-MAR 15 COMPENSATION JAN-MAR 15 COMPENSATION JAN-MAR 15 COMPENSATION JAN-MAR 15 COMPENSATION JAN-MAR 15 COMPENSATION JAN-MAR 15 COMPENSATION JAN-MAR 15 COMPENSATION JAN-MAR 15 COMPENSATION JAN-MAR 15 COMPENSATION , , , , , , , , ROBERT GRAVES MC # /13/ RESTITUTION GRAYLING JAME 96, ROBERTS, DAVID E U /07/ APR 15 CT APP ATTORNEY , B B B B B 00 ROSE MOTOR SUPPLY CO INC 5176 U /11/ U /11/ U /11/ U /11/ U /11/ REPAIR PARTS REPAIR PARTS REPAIR PARTS REPAIR PARTS GAUGE 1, S & Y ENTERPRISES 5054 U /07/ CONCESSION PRODUCT SAFETY-KLEEN CORP 5055 U /07/ SOLVENT REFILL SCHENDEL PEST SERVICES 99 00

43 PREPARED 05/13/2015, 3,52,36 PROGRAM, GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OF, 05/13/2015 CHECK DATE' 05/13/2015 PAGE 14 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT SCHENDEL PEST SERVICES U /11/ U /11/ SCHULTE SUPPLY INC. Sll U /07/ SDK LABORATORIES INC U /12/2015 MAR15WWTF 5183 U /11/ SERGEANT CHRIS UT 04 05/07/ SHELBY WILLEMS MC FINAL /13/ SHELLIE SWANNER N100578# /13/2015 N100578# /13/ SHERI ACKERMAN C194380# /13/ STAT #1 APR 15 PEST CTRL RTF APR 15 PEST CTRL SERV P0# SMALL METER LID WATER ANALYSES CONTRACT LAB ANAYLSIS REFUND CK/1200 ORCHARD RESTITUTION DEANNA HARBAC RESTITUTION MARGARITA ZIM RESTITUTION MARGARITA ZIM RESTITUTION TARA THOMAS , , , , SOUTH CENTRAL TELEPHONE/SCTELCOM MAY U /12/ MAY 15 SERVICE SOUTHERN UNIFORM & EQUIPMENT U /07/ UNIFORM CLOTHING SPITLER, AMY ATLANTA 5184 U /11/ MILEAGE & TAXI REIMB STANION WHOLESALE ELECTRIC CO U /07/ BULBS U /07/ BALLAST STATE OF KANSAS DIV WK COMP / U /07/ WK COMP ASSMT FY ,093.42

44 PREPARED 05/13/2015, 9,52,36 PROGRAM, GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OF, 05/13/2015 CHECK DATE' 05/13/2015 PAGE 15 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT STATE OF KANSAS DIV WK COMP DR4150/PW387 STATE OF KANSAS/KDEM/PA 5059 U /07/ OVERPMT PW387 HAIL STORM 8, STUTZMAN REFUSE DISPOSAL INC 5185 U /11/ APR 15 REFUSE SERVICE 5062 U /07/ APR 15 ROLL OFF SERVICE SUBSURFACE SOLUTIONS U /11/ RING CLAMP & FRT U /11/ FRT & RING CLAMP SUE COURSER 1336COURSER 5063 U /07/ RICE 4/27/15 SUE COURSER SUNFLOWER AG ENTERPRISES, LC U /12/ APR 15 BIOSOLIDS HAULING , SYSCO 5064 U /07/ CONCESSION PRODUCT 17, TAYLOR MADE GOLF COMPANY, INC U /07/ PRO SHOP MERCHANDISE TBS ELECTRONICS, INC 5066 U /07/ U /07/ U /07/ RADIO REPAIR PARTS RADIO SERVICE REPAIR/PROG BATTERY PACK TEXOMA GOLF 5069 U /07/ U /07/ PRO SHOP MERCHANDISE PRO SHOP MERCHANDISE THE ELIM GROUP /CONSULT 5071 U /07/ TRAINING SERVICE , THINK! TONER AND INK 5188 U /11/ TONER CARTRIDGE 1,

45 PREPARED 05/13/2015, 8:52:36 PROGRAM: GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OF: 05/13/2015 CHECK DATE: 05/13/2015 PAGE 16 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT THINK' TONER AND INK 5305 U /12/ TONER CARTRIDGE TIMOTHY HOUGHAM SR MC # /13/ TYLER TECHNOLOGIES, INC U /11/ RESTITUTION KANISHA REED MAG STRIPE READER APR APR APR APR APR APR APR APR APR APR APR APR APR APR APR APR APR APR APR APR APR15 UNIFIRST CORPORATION 5207 U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ U /11/ APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE UNITED LABORATORIES 5072 U /07/ VET SUPPLIES 2, USA BLUEBOOK U /12/2015 U /12/ SUCTION HOSE & FRT FRT & SUCTION HOSE UTILITY SERVICE CO INC 5306 U /12/ P0# RW4 WELL SERVIC , VAN DIEST SUPPLY COMPANY 12,000.00

46 PREPARED 05/13/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/13/2015 CHECK DATEo 05/13/2015 PAGE 17 VEND NO INVOICE NO SEQ# VENDOR NAME VOUCHER P. 0. NO NO BNK CHECK/DUE DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT VAN DIEST SUPPLY COMPANY 5073 U /07/ U /07/ CHEMICALS CHEMICALS VAN-WALL GROUP, THE 5211 U /11/ P0# JD BUNKER RAKE , VIVERAE, INC 5075 U /07/ WELLNESS PROGRAM JUN 15 11, , WARNKEN ENTERPRISES 5PGW U /07/ LIST#l 5212 U /11/2015 4WGW U /12/2015 5WGW U /12/2015 6WGW U /12/ CONTRACT MOWING CONTRACT MOWING-PRIVATE P CONTRACT MOWING CONTRACT MOWING CONTRACT MOWING 1, WEIS FIRE & SAFETY EQ CO INC U /07/ HELMETS 1, , WESTAR ENERGY APR U /11/ APR APR APR APR APR MAY APR APR MAY APR APR APR APR APR APR APR APR APR APR APR MAY APR APR U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/2015 U /11/ APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE MAY 15 SERVICE APR 15 SERVICE APR 15 SERVICE MAY 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE MAY 15 SERVICE APR 15 SERVICE APR 15 SERVICE 4, , , , , , , , , , , , ,895.58

47 PREPARED 05/13/2015, 3,52,36 PROGRAM, GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OF, 05/13/2015 CHECK DATE, 05/13/2015 PAGE 18 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT WESTAR ENERGY APR U /11/ APR U /11/ APR U /11/ APR U /11/ APR U /11/ APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE APR 15 SERVICE 47, , , , , WESTERN SUPPLY CO 5078 U /07/ IRRIGATION STOCK 95, , WIN-911 SOFTWARE U /12/ U /12/ SCADA SOFTWARE SUPPORT SCADA SOFTWARE SUPPORT 2, WONSETLER REFRIGERATION 5243 U /11/ U /11/ AC REPAIRS STAT # STAT #1 AC REPLACE , WOODARD MERCANTILE U /07/ WRAY & SONS ROOFING INC U /07/ XPEDX, LLC /07/ YMCA MAY U /07/ YOLANDA PATTERSON C193970# /13/ M LHZ3195 TP U /07/2015 TP U /07/2015 TP U /07/ CUSTOM, LLC U /12/ ANIMAL FOOD ROOF REPAIR JANITORIAL PRODUCTS MAY 15 MEMBER FEES RESTITUTION MICHELE ZUBIA REFELECTIVE TAPE REFLECTIVE TAPE REFLECTIVE TAPE MAG POUCH, CASE 7,

48 PREPARED 05/13/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/13/2015 CHECK DATEo 05/13/2015 PAGE 19 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT CUSTOM, LLC 5316 U /12/ U /12/ U /12/ CASE,VEST,POUCH LETTERS, OUTER CARRIER CARRIER, POUCH,VEST , TOTAL EXPENDITURES GRAND TOTAL ******************** 1, , ,062.98

49 PREPARED 05/07/2015, 16,44,33 PROGRAM, GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OF, 05/07/2015 CHECK DATE' 05/07/2015 PAGE VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT BLUE CROSS BLUE SHIELD OF KANSAS /07/ CLAIM PAYMENTS CHECK#' /07/ CLAIM PAYMENTS CHECK # CITY BEVERAGE COMPANY INC /07/ BEER CHECK#' /07/ BEER CHECK#' /07/ BEER CHECK#' /07/ BEER CHECK#' /07/ BEER CHECK #' /07/ BEER CHECK #' COBRAGUARD, INC /07/ INSURANCE SERVICES CHECK#' LDF SALES & DIST INC /07/ BEER CHECK#' HAND ISSUED TOTAL *** TOTAL EXPENDITURES ****.00 GRAND TOTAL ******************** 2, , , , , , ,920.86

50 PREPARED 05/06/2015, llo08o32 EXPENDITURE APPROVAL LIST PROGRAMo GM339L AS OFo 05/08/2015 CHECK DATEo 05/08/2015 City of Hutchinson PAGE VEND NO INVOICE NO SEQ# VENDOR NAME VOUCHER P.O. NO NO BNK CHECK/DUE DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT HUTCHINSON GOVERNMENT EMPLOYEE /08/ SEMI WEEKLY PR 10 CHECK #o , HUTCHINSON LODGE OF THE FOP /08/ SEMI WEEKLY PR , , ICMA RETIREMENT TRUST /08/ SEMI WEEKLY PR 10 2, CHECK #o , UNITED WAY OF RENO COUNTY /08/ SEMI WEEKLY PR , HAND ISSUED TOTAL , TOTAL EXPENDITURES GRAND TOTAL ******************** 2, , ,

51 PREPARED 05/06/2015, PROGRAM, GM339L City of Hutchinson g,32,33 EXPENDITURE APPROVAL LIST AS OF, 05/06/2015 CHECK DATE' 05/06/2015 PAGE VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT ADVANCE TERMITE & PEST CTRL, INC 4782 U /30/ WILDLIFE MGMT-PRAIRIE DOG IA35249 IA35248 IA AGRI CENTER 4783 U /30/ U /30/ U /05/ MOWER CAPS CAP STOCK UNIT #53 REPAIR PARTS AIRGAS USA, LLC U /30/ DISC SURFACE PREP AMERICAN FENCE COMPANY 4861 U /05/ PERIMETER FENCE RENTAL-AG AMERICAN FUN FOOD CO. INC /30/ JANITORIAL SUPPLIES ANA SOUTHARD 1256SOUTHARD 4788 U /30/ RICE 4/25/15 ANA SOUTHARD ANDERSON ALIGNMENT SERVICE LLC 4787 U /30/ UNIT #537 FRONT END ALIGN APAC, INC - SHEARS DIV U /05/ U /05/ APPELMAN CHRISTINA C 90047/ /05/ DO APRIL BASGALL loolbasgall 4789 U /30/ ASPHALT MATERIAL ASPHALT MATERIAL E loth DEPOSIT REFUND CANCEL RICE 5/16/15 APRIL ARTSHIRT, INC 4864 U /05/ UNIFORM SHIRTS OD AT&T MAY U /05/ MAY U /05/ APR 15 SERVICE APR 15 SERVICE

52 PREPARED 05/06/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/06/2015 CHECK DATEo 05/06/2015 PAGE 2 VEND NO INVOICE NO SEQ# VENDOR NAME VOUCHER P.0 NO NO BNK CHECK/DUE DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT AT&T AT&T APR U /05/ APR 15 SERVICE AT&T MAY MAY U /05/2015 U /05/ MAY 15 SERVICE VOICE MAIL MAY 15 SERVICE B & B AUTO ELECTRIC, INC U /05/ UNIT #542 ALTERNATOR REPA B & B HYDRAULICS, INC 4871 U /05/ UNIT #535 HOSES BATTERIES PLUS BULBS # /05/ BATTERIES BAVCO 4873 U /05/ IRRIGATION PARTS BERGKAMP, INC 4876 U /05/ U /05/ U /05/ UNIT #180 REPAIR PARTS SLURRY BOX PARTS SLURRY BOX REPAIR PARTS , BLACK HILLS ENERGY MAY U /05/ MAY 15 SERVICE 2, BREWER RESTORATION & COATINGS, INC 4878 U /05/ U /30/ UNIT #8 REPAINT BED P0# SANDBLAST,PAINT , CARL VINCENT SERVICE 4879 U /05/ APR 15-PORTABLE TOILET RE 10, CENTRAL WELDING & MACHINE, LLC 4880 U /05/ U /05/ UNIT #17 REPAIR BUCKET TAILGATE REPAIR UNIT # ,

53 PREPARED 05/06/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/06/2015 CHECK DATEo 05/06/2015 PAGE VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT CENTRAL WELDING & MACHINE, LLC CITY ATTORNEYS ASSOC OF KANSAS 4791 U /30/ SPG MEETING 2, CONCRETE ENTERPRISES INC 4792 U /30/ CONCRETE llth & PERSHING , CONRAD FIRE EQUIPMENT, INC 4882 U /05/ ENG 4 REPAIR PARTS 1, COOPER TIRE SERVICE INC 4883 U /05/ U /05/ U /05/ U /05/ U /05/2015 VENDOR TOTAL UNIT #222 TIRE REPAIR UNIT #204 FT END ALIGNMEN UNIT #326 NEW TIRE UNIT #195 TIRE REPAIR UNIT#61 TIRE REPAIR DAN DOMINGUEZ REIMB/DOMINGUEZ4793 U /30/ REIMB EXP INTERVIEW D. DO DANKO EMERGENCY EQUIP-NE 4889 U /05/ EXPANSION RIGNS KALISH 00 DAWN KALISH 4890 U /05/ RICE 5/2/15 DAWN KALISH KOEHN 00 DEANNA KOEHN 4794 U /30/ HBS 4/24/15 DEANNA KOEHN DEREK J. WEIGEL MC BDRET 4888 U /05/ DOUBLE CHECK COMPANY, INC. SMI U /05/2015 SMI U /05/2015 SMI U /05/ DPC ENTERPRISES, L.P BOND RETURN DEREK WEIGEL LEAK DETECTOR, ANNUAL CHE GAS VALVE REPAIR-FUELING GAS VALVE REPAIR-FUELING

54 PREPARED 05/06/2015, 8, 32 o 33 PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/06/2015 CHECK DATEo 05/06/2015 PAGE VEND NO INVOIC2 NO SEQ# VENDOR NAME VOUCHER P.O NO NO BNK CHECK/DUE DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT DPC ENTERPRISES, L.P U /30/ CAUSTIC SODA TOTES 2, EDIGER ELECTRIC 4796 U /30/ INSTALL RECEPTACLES ON SC 2, FASTENAL CO KSHUT U /30/2015 KSHUT /05/ CABLE TIES MARKING PAINT FE MORAN SECURITY SOLUTIONS U /30/ SECURITY SYS SERVICE FILE SAFE, INC /05/ SPECIALTY FILES FIRE ENGINEERING / U /05/ MAGAZINE SUBSCRIPTION FORT BEND SERVICES, INC U /30/ POLYMER P0# , GAMETIME ATHLETICS U /30/ MARKING PAINT 10, GLOVE PLANET /05/ GLOVES GRASS PAD INC U /30/ U /30/ GRAVEL & CONCRETE,INC U /05/ GROWTH INC U /05/ HAJOCA CORPORATION MOUND CLAY DIAMOND DRY RIVER ROCK-ORCHARD PARK MARKETING , , , , , ,228.31

55 PREPARED 05/06/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/05/2015 CHECK DATEo 05/06/2015 PAGE VEND NO INVOICE NO SEQ# VENDOR NAME VOUCHER P 0 NO NO BNK CHECK/DUE DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT S S S S S S S HAJOCA CORPORATION 4900 U /05/ U /05/ U /05/ U /05/ UOJlOl 01 05/05/ U /05/ U /05/ /4" HDPC PIPE PLMB SUPPIES PLMB SUPPLIES P0# VALVE BOX P0# PLMB PARTS PO#l PLMB PARTS PLMB PARTS , , , , l D D HD SUPPLY WATERWORKS LTD 4803 U /30/ U /30/ PLMB-MAIN ST WATER LINE P MAIN ST WATER LINE P0#150 29, , , HI-TECH CONTROLS, INC 4805 U /30/ VFD REPAIRS 26, , HIGH-REACH EQUIPMENT RENTAL SALES 4806 U /30/ EXCAVATOR RENTAL 1, HUTCHINSON PUBLISHING CO 4907 U /05/ APR 15 RECYCLE GUIDE AC# IBT INC 4913 U /05/ U /05/ U /30/ U /05/ U /05/ /05/ /05/ /05/ U /30/ U /30/ U /30/ U /30/ U /30/ FILTERS FIRST AID SUPPLIES FIRST AID SUPPLIES DUST MASKS FIRST AID SUPPLIES HARDWARE SUPPLIES FIRST AID SUPPLIES SAFETY VESTS FIRST AID SUPPLIES FIRST AID SUPPLIES FIRST AID SUPPLIES FIRST AID SUPPLIES FIRST AID SUPPLIES JOHNSON'S GARDEN CENTER U /30/ LANDSCAPE BUSHES 1, ' POWELL 00 JON POWELL 4814 U /30/ HBS 4/25/15 JON POWELL JONES CHAINSAW 50.00

56 PREPARED 05/06/2015, PROGRAM o GM3 3 9L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/06/2015 CHECK DATEo 05/06/2015 PAGE VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT JONES CHAINSAW U /05/ JOSHUA WEBER 2015WEBER 4940 U /05/ JULIETA WILSON llolwilson 4916 uo /05/ CHAINS UNIT # UNIFORM ALLOW/JOSHUA HES 5/2/15 JULIETA WILSON KANSAS CORRECTIONAL INDUSTRIES /05/ BUSINESS CARDS /05/ BUSINESS CARDS KANSAS DEPT HEALTH/ENVIRONMENT JAN-MAR U /30/ WATER SAMPLE ANALYSES KANSAS GAS SERVICE APR U /05/ APR 15 SERVICE KANSAS ONE-CALL SYSTEM, INC U /05/ LOCATES U /05/ LOCATES KANSASLAND TIRE OF HUTCHINSON U /05/ UNIT #14 NEW TIRES KENNY'S ELECTRICAL CO, INC U /30/ TOWER 1 LIGHT REPAIR LANDMARK ARCHITECTS & ENGS PMT#2PARKBLDG U /30/ ARCHITECTURAL SERV-PK ELD LEAGUE OF KS MUNICIPALITIES U /30/ GOV INSTITUTE/MAYORS CONF , , , , , , LIFT TRUCK CENTER INC 4819 U /30/ FORK TK REPAIR MARGARET ENGLAND

57 PREPARED 05/06/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/06/2015 CHECK DATEo 05/06/2015 PAGE VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT MARGARET ENGLAND 895ENGLAND 4923 U /05/ MARTHA HOWARD 929GUARDIANSOF 4820 U /30/ HBS 5/3/15 MARGARET ENGLA HBS 4/25/15 M.HOWARD-GUAR MES-MIDAM 4924 U /05/ STRUCTURAL GLOVES METRO COURIER, INC 4821 U /30/ FRT-WATER SAMPLES MID-AMERICA REDI-MIX INC 4825 U /30/ U /30/ U /30/ U /30/ CONCRETE 204 W 23RD CONCRETE CAREY PARK CONCRETE ACRES & ELM CONCRETE 43RD & K MID-AMERICA VALVE & EQUIPMENT CO U /30/ RO SKID #4 ISOLATION VALV 00 MIDWEST SUPERSTORE FORD-LINCOLN 4925 U /05/ UNIT #260 REPAIR PARTS , , BERGMEIER MONICA BERGMEIER 4926 U /05/ RICE 5/2/15 MONICA BERGME MUNICIPAL SUPPLY INC. OF NE U /30/ U /30/ PLMB SUPPLIES P0# PLMB-MAINT ST WTR PROJ PO , , NATIONAL MS SOCIETY 948NATMSSOCIETY4927 U /05/ HBS 5/2/15 NATL MS SOCIET 46, NATIONAL SCREENING BUREAU 4928 U /05/ DRUG TESTING , NOLAN CARMINE 2015CARMINE 4945 U /05/ UNIFORM ALLOW 2015 NOLAN 1,

58 PREPARED 05/06/2015, 8,32,33 PROGRAM GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OF, 05/06/2015 CHECK DATE, 05/06/2015 PAGE 8 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT NOLAN CARMINE NUSS JAMES C UT 04 05/05/ REFUND CK/126 E 5TH OUR REDEEMER LUTHERAN 13420URREDEEMER4929 U /05/ HBS 4/29/15 OUR REDEEMER PARK WHOLESALE CI152lll U /30/2015 CI U /30/ LANDSCAPE MATERIALS LANDSCAPE FLOWERS PAY COM, INC U /30/ JAN-MAR 15 PAY PHONE SERV PIONEER MATERIALS, INC U /30/ INSULATION , PNC EQUIPMENT FINANCE, LLC U /30/ MAY 15 GOLF CART LEASE 1, , PRAIRIELAND PARTNERS U /05/ U /30/ UNIT #535 HYO HOSE GATOR SPARK PLUGS 2, PUR-0-ZONE U /30/ U /30/ U /30/ VACUUM BRUSH ASMLY VACUUM BRUSH ASMLY VACUUM BRUSH ASMLY R.E. PEDROTTI CO., INC HUKSPD 4838 U /30/ HUKSPD 4839 U /30/ SENSORS & FRT FRT & SENSORS , RICE, NANCY APR U /05/ MILEAGE REIMB APR 15 1, ROSE MOTOR SUPPLY CO INC U /30/ SHOCKS UNIT #

59 PREPARED 05/06/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/06/2015 CHECK DATEo 05/06/2015 PAGE VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O BNK CHECK/DUE NO NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EE'T, EPAY OR HAND-ISSUED AMOUNT B B B 00 ROSE MOTOR SUPPLY CO INC 4932 U /05/ U /05/ U /05/ UNIT #18 PARTS UNIT #180 REPAIR PARTS TURNED BRAKE ROTOR HUTCHISON SANDRA HUTCHISON 4935 U /05/ RICE 5/1/15 SANDRA HUTCHI SCHENDEL PEST SERVICES 4841 U /30/ APR 15 PEST CRL SERV MAY15 00 SCHRATER DVM, GERALD D U /30/ VET OF RECORD DEA/STATE MAY15 MAY15 00 SIEBERT, RAY E U /30/ U /30/ RADIO ANTENNA SPACE TORNADO SIREN SPACE SMI-CARR, INC U /30/ DISTANCE MARKERS BYARD 00 SONI BYARD 4936 U /05/ HBS 5/1/15 SONI BYARD STUTZMAN REFUSE DISPOSAL INC APR U /05/ APR 15 COLLECTIONS , T & C MFG & OPERATING, INC U /05/ DISPOSAL WELL REHAB/REPAI 167, TBS ELECTRONICS, INC 4938 U /05/ RADIO REPAIR , THINK' TONER AND INK 4847 U /30/ U /30/ RIBBONS TONER CARTRIDGE 2, TRUCK STORE,THE 4848 U /30/ SEAT COVERS UNIT #

60 PREPARED 05/06/2015, PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/06/2015 CHECK DATEo 05/06/2015 PAGE 10 VEND NO INVOICE NO SEQ# VENDOR NAME VOUCHER P.O. NO NO 8NK CHECK/DUE DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT TRUCK STORE, THE TURNOUT RENTAL LLC 4849 U /30/ RECRUIT GEAR VENDOR TOTAL * VIVERAE, INC 4850 U /30/ SCREENING/LDL TESTING WEL PGW2015 5FGW2015 3WGW WARNKEN ENTERPRISES 4853 U /30/ U /30/ U /30/ CONTRACT MOWING CONTRACT MOWING CONTRACT MOWING WESTAR ENERGY APR U /05/ APR 15 SERVICE 1, WHITE STAR MACHINERY 4854 U /30/ HYD FILTERS WONSETLER REFRIGERATION 4855 U /30/ U /30/ U /30/ U /05/ U /30/ U /05/ U /30/ U /05/ AC REPAIR AC REPAIR STA # AC REPAIR FILTERS AC REPAIR FILTERS AC REPAIR FILTERS TOTAL EXPENDITURES **** GRAND TOTAL ******************** , ,500.23

61 PREPARED 05/04/2015, 15o00oll PROGRAMo GM339L City of Hutchinson EXPENDITURE APPROVAL LIST AS OFo 05/04/2015 CHECK DATEo 05/04/2015 PAGE VEND NO INVOICE NO SEQ# VENDOR NAME VOUCHER P.O. BNK CHECK/DUE NO NO DATE ACCOUNT NO ITEM DESCRIPTION CHECK AMOUNT EFT, EPAY OR HAND-ISSUED AMOUNT ZIMMERMAN PLUMBING & HEATING UT 04 05/04/ WATER DEPOSIT REFUND TOTAL EXPENDITURES **** GRAND TOTAL ********************

62 .:;' INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: CITY COUNCIL JOHN DEARDOFF, CITY MANAGER RESOLUTION-AMTRAK TIGER GRANT SUPPORT Background. Over the past three years a coalition of cities from Kansas, Colorado and New Mexico have been working with Amtrak, BNSF and funding partners to address the potential elimination of Amtrak service to our communities. The issue centers on deteriorating track conditions which have resulted in the need to reduce train speeds. The reduction in speed requirements caused Amtrak to begin discussions regarding the possibility of rerouting the Southwest Chief to a more southerly Transcontinental Route via Amarillo, TX (see attached map). The coalition of communities which include Newton, Hutchinson, Dodge City, Garden City, Trinidad, Lamar and La Junta have been actively advocating for the retention of the current SW Chief route. In 2014, the City of Garden City submitted a grant application under the Tiger VI program on behalf of the Southwest Chief Rural Rail Partnership (SCRRP) to make repairs from Hutchinson to approximately the State line. The application was successful and the City of Hutchinson provided a match of $12,500 along with the other communities. In addition to the dollar matches from the other cites which totaled $50,000 other partners (Amtrak, KDOT) provided matching funds totaling $$7,000,000. The TIGER grant award totaled $12,469,963. Issue. The success of the TIGER Grant VI indicates obvious interest from the coalition cites and all of the funding partners to improve the rail line and retain Amtrak traffic. The next phase of the repairs are being proposed through Colorado. Due to the rural nature of the issue in Colorado, La Junta is having difficulties recruiting support from various Colorado contingencies (i.e. State). It has been recommended that the Kansas Coalition members participate in providing some matching funds equal to our match dollars for TIGER VI. In order to retain the SW Chief traffic on the current route repairs would need to be made on the portions of track in Colorado and New Mexico as well. Fiscal Impact. The City has committed approximately $35,000 over the past few years in support of the grant writing and lobbying efforts to secure the Tiger Grant. In 2014, the City of Hutchinson committed $12,500 towards the Tiger VI grant as a share of the Kansas Coalition match totaling $50,000. The Coalition of Kansas Cities are proposing that each City again provide a match of $12,500 for the Tiger VII grant application. Funds allocated to date from the City have been paid from the Economic Opportunity Fund (General Fund). The $12,500 grant match commitment would be allocated from the 2016 budget. Recommendation. Staff recommends approval of Resolution and commitment of $12,500 for disbursement only if the Tiger VII grant for improvements to the SW Chief Passenger line in Colorado is approved for funding.

63 Routes - Raton and Transcon -~:: :..::.: - -- _ I :_~_..:..:.:~ :,. 1~~-T...)11' :'..c --'I ~-~~-\-..,;.~ I ; l~,,:~;c~!'o! [.~ I : 'i ~?4( '( ~. ~ lt ~,.,,... ~ L t - :i' Southwest Chiei ;, :.~ ;;- -.-: ;:--.-:.- -7,,::-=:::"'.I Colorado ~~ Kansas Oklahoma AIV\TRAK 7

64 CITY OF H_UTCHINSON OFFICE OF THE MAYOR May 19, 2015 Mr. Anthony Foxx Secretary of Transportation US Department of Transportation 1200 New Jersey Ave, SE Washington, DC Re: Letter of Support - Southwest Chief Route TIGER VII Application Dear Secretary Foxx: On behalf of the City of Hutchinson, KS, we are pleased to pledge $12,500 in support to the referenced TIGER VII Application. Amtrak's Southwest Chief is a key transcontinental passenger train serving major cities and rural communities along its route from Chicago to Los Angeles. In many communities such as ours, the train is the only alternative to lengthy, often dangerous automobile trips. Furthermore, the train is a key contributor to our economy and an untapped resource for our growing tourism efforts. We envision many more tourists stopping to visit southern Colorado's many attractions, including scenic rail lines, bird watching opportunities and historical sites along the Santa Fe Trail such as Bent's Old Fort, Royal Gorge and Mesa Verde National Park. The line also serves as an important freight corridor across southeastern Colorado and western Kansas. The repairs and improvements to this rail line funded by this grant will permit the continuation of the Southwest Chief in Southeastern Colorado as well as western Kansas and Northern New Mexico. Without track repairs, the train will have to be rerouted or more likely, abandoned. This would be a terrible blow to the communities on the entire route, not to mention the national network. The track to be repaired will be segments most in need of repair as determined by the BNSF Railway, in consultation with Amtrak and the applicants. It is anticipated that over SO miles of track will be serviced by this grant, significantly improving the suitability of the route for passenger rail. The small portion if this track in Colorado will set the stage for future support. Upon completion of repairs BNSF railway has committed to maintain the route for FRA Class IV service for 20 years. This commitment is a change from their previous commitments and is of tremendous importance to Amtrak and our community. It more than compensates for the grant expenditures. P. 0. BOX 1567, HUTCHINSON, KANSAS TELEPHONE:

65 Mr. Anthony Foxx May 14, 2015 Page 2 The safety and energy/sustainability advantages of passenger rail service are well documented and will apply to each community along the route. The mobility advantages are likewise critical. We urge the USDOT to fund this request because we strongly believe this project not only meets but directly matches the TIGER VI primary selection criteria and goals of this grant opportunity by addressing safety and multimodal transportation issues along important rural corridor. Sincerely, Jade Piros de Carvalho Mayor

66 RESOLUTION NO A RESOLUTION ENCOURAGING EFFORTS TO MAINTAIN THE SOUTHWEST CHIEF PASSENGER SERVICE THROUGH THE STATE OF COLORADO AND PLEDGE FINANCIAL PARTICIPATION IN THE LAJUNTA COLORADO TIGER VII GRANT APPLICATION MATCH WHEREAS, Amtrak's Southwest Chief serves southeast Colorado on its route between Chicago and Los Angeles on the host railroad line of Burlington Northern Santa Fe; and WHEREAS, eastbound and westbound trains stop at Hutchinson daily and served more than 49,418 Kansas passengers in 2014; and WHEREAS, Amtrak provides a transportation link to the residents of Kansas that is of growing importance and will likely become critical as rising energy prices curtail the attractiveness of driving and flying; and WHEREAS, railway freight traffic has declined, thereby reducing monies customarily set aside for rail maintenance and consequently forcing travel at lower speeds; and WHEREAS, it has been estimated that the rail traversed by the Southwest Chief is in immediate need of more than $100 million in rail repairs in three states, including Kansas, Colorado and New Mexico, in order to resume normal speeds; and WHEREAS, it has been further projected that rail repairs over the course of the entire rail will total $300 million over the next ten years; and WHEREAS, Amtrak is unable to make said repairs given current fiscal conditions; and WHEREAS, the Southwest Chief Rural Rail Partnership, of which Hutchinson is a member, has joined many other communities in Kansas and Colorado to support both financially and legislatively the upgrade of the line between Kansas, Colorado and New Mexico; and WHEREAS, in 2014 the City of Garden City on behalf of the Southwest Chief Rural Rail Partnership successfully applied and received a $12,469, Tiger VI Discretionary Grant to be utilized for repairs along the Kansas portion of this route; and

67 WHEREAS, the City of La Junta, Colorado, intends to apply for Tiger VII funding to continue needed repairs through the Colorado section of this line. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Hutchinson, Kansas that the City of Hutchinson offers our support of the La Junta, Colorado, Tiger Grant VII application and agrees to pledge $12, toward the grant match to be paid in 2016 should the grant be awarded. ADOPTED by the Governing Body of the City of Hutchinson, Kansas this 19th day of May ATTEST: Jade Piros de Carvalho, Mayor Karen Weltmer, City Clerk

68 COUNCIL COMMUNICATION FOR MEETING OF AGENDA ITEM FOR ACTION INFORMATlON ONLY CITY OF HUTCHINSON Cl ry MANAC'i[R'S OHIG MEMORANDUM TO: FROM: CC: John Deardoff, City Manager ~ v Meryl Dye, Assistant City Manager ~' Kari Jackson Mailloux, Citizens' Collective for Creative Placemaking DATE: May 13, 2015 SUBJECT: Public Art Ordinance BACKGROUND On March 3, 2015, a group of citizens named the Citizens' Collective for Creative Placemaking (CCFCP) presented to the City Council a proposal to implement a public art program under the City's direction. The proposal called for the establishment of a Public Art Trust Fund authorized by the adoption of an ordinance that would require a percent-for-public-art to be allocated from the funds of eligible capital improvement projects involving city buildings, parks, and streetscapes. The funds would be used to create and guide the development of a public art collection, long-term maintenance and conservation, and public education. The ordinance would also establish a Public Art Design Council to be appointed by the Mayor and Governing Body. The Design Council would provide oversight of the Public Art Trust Fund and administration of the program through dedicated city staff. Following the presentation, a motion was made by Councilmember Bush, second by Councilmember Piros de Carvalho, to accept the public art program proposal of the Citizens' Collective for Creative Placemaking, and direct City staff to prepare an ordinance which (1) establishes a Public Art Program operated by the City; (2) establishes a Public Art Trust Fund to be funded through a percent-for-public-art allocation from eligible capital improvements funds; (3) establishes a Public Art Design Council, appointed by the Mayor and Governing Body, to provide oversight and administration; and (4) designates City staff support to the Design Council. The motion passed unanimously. SUMMARY OF ORDINANCE Purpose - Generally establishes a public art program for City funded capital improvement projects; provides for the funding, selection, creation and maintenance of public art; and establishes responsibilities for administering the program Policy- Declares City policy to include works of art within public works projects equal to one percent (1%) of construction project funds Percent for Art Program established - Establishes a Percent for Art Program. The Mayor shall appoint a Public Art Design Council to coordinate and administer the program. The Program focuses on the outside and inside of new and remodeled City owned public spaces. Requires 1% of eligible construction costs be allocated Page 1of4

69 for public art involving CIP projects paid wholly or in part by the City, for improvements to or new construction of a building or structure, streetscape, pedestrian mall or plaza, park, trail, or other project, or any portion thereof, which includes finished space for human occupancy and will be available for public view. No less than 80% of the 1% will be used for on-site Artwork. No more than 20% will be deposited in a Public Art Trust Fund used to fund additional art projects and provide maintenance for existing works. In cases where a CIP project is less than $75,000, and at the discretion of the Public Art Design Council, the project does not lend itself to the inclusion of public art, then 100% of the 1% may be deposited in the Public Art Trust Fund Exemptions from the Percent for Art Program - Exempts water, stormwater, wastewater facilities (except office buildings), street construction and repair, ROW improvements (e.g., curb, sidewalk, traffic control, landscaping), and maintenance projects. Departments can still propose and include funding for art in a project that falls within an exempted category Definitions-(defines certain terms included within the Ordinance) Public Art Design Council established - Shall be made up of 7 members, selected because of their expertise in visual arts, architecture, historical preservation, or affiliation with a local business association or public entity. Terms are for 3 years, except the Mayor may stagger initial terms. Ex-Officio members with unlimited terms and voting privileges include the directors of parks/facilities, downtown development, planning and development and arts/humanities council Duties and responsibilities of the Public Art Design Council - Shall endeavor to develop a collection of public art that is of highest quality, encompasses broad aesthetic range reflecting the City and the minds of its citizens, improves the quality of life in the area, will be accessible to all individuals, and is a source of pride to all residents. Shall develop the percent for art program in a way that it is intimately integrated into the fabric of the City, reflects a broad range of community input, and involves artists and art professionals. Responsible for reviewing, advocating and developing public art projects in the public domain for the City of Hutchinson. Develop a formal structure in which to create, develop and maintain public art as well as further public accessibility to the arts. Sets out a specific listing of program objectives. Provides that the Design Council may also administer other public art programs and lists examples. Design Council meetings shall be conducted in accordance with the Kansas Open Meetings Act Procedure to commission public art for eligible projects - Upon adoption of the CIP, the Design Council shall review and recommend all projects for which the percent for art ordinance applies. Architects/Engineers involved in projects should be advised of requirements and guidelines, and work closely with the Design Council and Selection Committee on appropriate sites and incorporate the Artist's or Artwork's special requirements within the construction documents. Upon the designation of an Artist or an Artwork by the Public Art Design Council, the Artists shall enter into a contract with the City Eligible expenses for the Percent for Art Program -Appropriations for program projects may be spent for the Artwork itself (and related expenses); identification plaques and labels; materials necessary for the installation, etc. of the Artwork; photos of completed Artworks; communication and other indirect costs including insurance; expenses for special advisors/consultants; and historical artifacts displaced by construction. Appropriations may not be spent for reproduction of original Artworks (with limited exceptions); decorative, ornamental or functional elements designed by the Architects or consultants engaged by the Architect, as Page 2 of 4

70 opposed to an Artist commissioned for this purpose; elements generally considered to be components of a landscape architectural design or landscape gardening; "art objects" which are mass produced of standard design; directional or other functional elements (e.g., supergraphics, signs, color coding, maps, etc., except where a recognized Artist is employed); and those items which are required to fulfill the basic purpose of a department/division (ex. Artworks fulfilling an interpretive or educational role in a City facility or park) Selection of artworks- All program projects will be developed to respond to a specific site or building location, with exception of Artworks intended to circulate among various sites; Design Council may establish an Artists Registry to allow interested artists to participate in selection processes; Design Council, in conjunction with the department representative and project architect, shall analyze and discuss appropriate locations, expenditures, suitable art forms, Artists' prerequisites and selection process which includes open competition, limited/invitational competition and direct purchase. Design Council to prepare and advertise a prospectus of the project; Selection Committee shall be guided by goals and purposes of this Ordinance and other regulations in the selection of Artworks technically feasible to produce/display and the selection of Artists as early in the conceptual design stage as practical so Artist(s) will be able to work with Architects from the beginning of the project. Design Council may advertise nationally for proposals; Selection Committee has option of making no selection, and if no proposal accepted, the Committee has the right to reopen the competition or to propose other methods of selection. Each project to be evaluated as to artistic excellence, appropriateness (scale, material and content), social/historical context, and long term durability. Acting on behalf of the City and the advice of the Selection Committee, the Public Art Design Council will make the final determination of selected work(s) Criteria to be used in selection public art -Artists selected on basis of qualifications as demonstrated by past work, appropriateness of the proposal to the project and probability of successful completion; Selection Committee shall select those Artists and Artworks of highest aesthetic quality, and those which fulfill the purposes of the program; and consideration will be given to materials, construction, durability, maintenance, public access and safety Selection processes for public art- Selections of Artworks will be made by one of the following methods: 1) Open Competition; 2) Limited/Invitational Competition; or 3) Direct Purchase Public art management/maintenance -All Artworks are owned by the City; city departments must notify the Design Council if an Artwork is damaged or stolen; and monies to maintain artwork shall come from the Public Art Trust Fund, established at up to 20% of the initial 1% Deaccessioning - Deaccessioning to be considered only after careful and impartial evaluation; Design Council will make a reasonable effort to notify any living artist whose work is being considered for deaccessioning; deaccessioning may be considered in the event artwork cannot be re-sited; and Design Council to establish in written guidelines the reasons for deaccessioning artwork, which shall include, but not be limited to: Page 3 of 4

71 Artwork is damaged or has deteriorated and repair is impractical or unfeasible; Artwork endangers public safety; In the case of site-specific artwork, the artwork is destroyed by severely altering its relationship to the site; and Artwork requires excessive maintenance or has faults of design or workmanship. MOTION Motion to approve/not approve an Ordinance adding Chapter 30 to the Code of the City of Hutchinson, Kansas relating to public art, establishing a Percent for Art Program to include works of art within certain City projects, setting procedures to commission and select public art, requiring 1% of construction project funds for certain City projects for public art, providing a funding source for ongoing maintenance of public art, and creating a procedure to deaccession public art. Page 4 of 4

72 Introduced: Passed: Published: May 19, 2015 May 19, 2015 May 22, 2015 ORDINANCE AN ORDINANCE ADDING CHAPTER 30 TO THE CODE OF THE CITY OF HUTCHINSON, KANSAS RELATING TO PUBLIC ART, ESTABLISHING A PERCENT FOR ART PROGRAM TO INCLUDE WORKS OF ART WITHIN CERTAIN CITY PROJECTS, SETTING PROCEDURES TO COMMISSION AND SELECT PUBLIC ART, REQUIRING 1 % OF CONSTRUCTION PROJECT FUNDS FOR CERTAIN CITY PROJECTS FOR PUBLIC ART, PROVIDING A FUNDING SOURCE FOR ONGOING MAINTENANCE OF PUBLIC ART, AND CREATING A PROCEDURE TO DEACCESSION PUBLIC ART. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HUTCHINSON, KANSAS: Code: Section 1. That the following be added as Chapter 30 of the Hutchinson City Chapter 30 PUBLIC ART Article I. In General Sec Purpose. The purpose of this Chapter is to establish a public art program for City of Hutchinson funded capital improvement projects and to provide for the funding, selection, creation and maintenance of public art and establishing responsibilities relating to administering the City's public art program. The City of Hutchinson recognizes and accepts responsibility for beautification of its public areas. The City Council has found that such enhancement adds greatly to the quality of life of Hutchinson's citizens, attracts tourism, and provides incentives to business to locate in the City, thereby expanding Hutchinson's economic base. Sec Policy. It is hereby declared to be the policy of the City of Hutchinson to include works of art within City of Hutchinson public works projects equal to one percent (1 %) of construction project funds for public art.

73 Sec Percent for Art Program established. There is hereby established a Percent for Art Program. The Mayor shall appoint a Public Art Design Council, with the advice and consent of the City Council, to coordinate and administer the program. The Percent for Art Program focuses on the outside and the inside of new and remodeled City owned public spaces. The art may serve a function, express a theme, or commemorate an important person. It may underscore or provide a counterpoint to the architecture and surrounding site. It may serve as a landmark that adds definition to the City of Hutchinson. The Percent for Art Program requires one percent (1 %) of eligible construction costs be allocated for public art involving City capital improvement projects paid wholly or in part by the City of Hutchinson, for improvements to or new construction of a building or structure, streetscape, pedestrian mall or plaza, park, trail, or any other project, or any portion thereof, which includes finished space for human occupancy and will be available for public view. No less than eighty percent (80%) of this one percent (1 %) will be used for on-site Artwork. No more than twenty percent (20%) will be deposited in a Public Art Trust Fund used to fund additional art projects and provide maintenance for existing works. In cases where the eligible construction costs of a City capital improvement project is less than $75,000 and, at the discretion of the Public Art Design Council, the project does not lend itself to the inclusion of public art, then one hundred percent (100%) of the one percent (1 %) may be deposited in the Public Art Trust Fund. Sec Exemptions from the Percent for Art Program. The following categories of projects are exempt from the Percent for Art requirements: a. Water, stormwater or wastewater facilities, except for office buildings. b. Street construction and repair, inclusive of the public right of way improvements, such as curb, sidewalk and traffic control facilities and landscaping. c. Maintenance projects. These exemptions do not preclude the Department from proposing and including funding for art in a project. Departments are encouraged to include art to some degree in these exempted categories. Sec Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them herein, unless the text clearly indicates otherwise:

74 "Architect" is the person or firm designing the Project to which the one percent (1 %) funding applies. Where the architect is a firm, the term Architect shall mean the principal of that firm in charge of designing the Project for which the one percent (1 %) funding applies. "Artist" is a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability who produces Artworks. "Artwork" includes but is not limited to, paintings, murals, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments, fountains, arches, or other structures intended for ornament or commemoration. Also included are carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, crafts, both decorative and utilitarian in clay, fiber, wood, metal, glass, plastics and other materials. Landscape items include the artistic placement of natural materials or other functional art objects. Works of art may be portable as well as permanent. "Capital Improvement Program" (CIP) means the annual Capital Improvement Program adopted for City financed public improvement projects. "City" is the City of Hutchinson. "Construction Cost" is the contracted sum for construction of the designated project including any change orders. Construction costs do not include costs such as professional fees, cost of land, rights of way and financing. "Construction Project" means any capital improvement project paid wholly or in part by the City of Hutchinson for improvements to or new construction of a building or structure, streetscape, pedestrian mall or plaza, park, trail, or any other project, or any portion thereof, which includes finished space for human occupancy and will be available for public view. "Consultant" is any firm, individual, joint venture or Committee of firms or individuals with which the City contracts for design or other consulting services related to construction projects. "Public Art Trust Fund" is a funding mechanism which aggregates portions of the Percent for Art requirement and redistributes these funds to promote, finance and maintain public art projects throughout the City. "Visual Arts Professional" shall mean any of the following who is respected in his/her field and knowledgeable about visual arts: artist, curator, art critic, art historian, or fine arts professional. "Deaccessioning" is a procedure for the withdrawal of an artwork from the public collection.

75 "Eligible Construction Cost" is that portion of the construction cost of any construction project paid for by the City of Hutchinson to construct or remodel any building, decorative or commemorative structure, parking facility, recreational facility, or any portion thereof, located on City property, provided that the source of funds for such project(s) is not restricted by law or regulation as to its use for artworks. "Maintenance" is the periodic work on a facility required to maintain its original functionality. "Public Art Design Council" is a group created by this ordinance as a standing city committee designated to review, advocate and develop public art projects in the public domain for the City of Hutchinson. It will develop a formal structure in which to create, develop and maintain public art as well as further public accessibility to the arts. "Remodel" is work required to substantially change or enhance the functionality of a facility. "Selection Committee (Jury)" is comprised of representatives of the department responsible for the capital project, Public Art Program Staff Representative, one or more representatives of the Design Council, project professionals (e.g., engineers or architects), and an arts professional. The Selection Committee oversees the process for artist selection as well as the selection of the public art design and the integration of the public art into the capital improvement project. A jury may be used when the public art selection process involves an open or invited competition. A jury is not involved in the management of the public art project. "Staff Representative" is the professional staff liaison designated by the City Manager responsible to advise and assist the City of Hutchinson and the Public Art Design Council. Sec Public Art Design Council established. The Public Art Design Council shall be made up of seven (7) members to be nominated by the Mayor and confirmed by the City Council. Such members shall be selected because of their expertise in visual arts, architecture, historical preservation, or affiliation with a local business association or public entity. Terms shall be for three (3) years, except that the Mayor may designate shorter terms initially in order to insure that the terms are staggered. Ex-Officio members with unlimited terms and voting privileges shall also be included on the Public Art Design Council, and shall include the Parks/Facilities Director, the Downtown Development Director, the Director of Planning and Development, and the Director of the Arts and Humanities Council. Sec Duties and responsibilities of the Public Art Design Council. The Public Art Design Council shall endeavor to develop a collection of public art that is of the highest quality, that will encompass a broad aesthetic range reflecting the City and the minds of its citizens, that will improve the quality of life in the area, that will be

76 accessible to all individuals and be a source of pride to all residents. The Public Art Design Council shall seek to develop this Percent for Art Program and the associated collection in such a way so that it is intimately integrated into the fabric of the City of Hutchinson and reflects a broad range of community input and involvement by artists and art professionals. The Public Art Design Council is responsible for reviewing, advocating and developing public art projects in the public domain for the City of Hutchinson. It will develop a formal structure in which to create, develop and maintain public art as well as further public accessibility to the arts. Specifically, the Percent for Art Program objectives include: a. Develop a public art program that is unique to Hutchinson. b. Increase the understanding and enjoyment of public art by Hutchinson residents. c. Invite public participation in the interaction with public spaces. d. Provide unusual and challenging employment opportunities for artists. e. Encourage collaborations between artists and architects, and artists and engineers. f. Support artist participation on design Committees for planning public projects. g. Encourage variety of art forms: temporary and permanent, object and event, single or dispersed locations. h. Spread commissions among a wide number of artists and strive for overall diversity in style, scale and intent. In addition to overseeing the Percent for Art Program, the Public Art Design Council may also administer other public art programs such as temporary public art programs, public art mural programs, public art loan programs or exhibits, donations of artwork to the public collection, and memorials for public parks. All Public Art Design Council meetings shall be conducted in accordance with the Kansas Open Meetings Act. Sec Procedure to commission public art for eligible projects. a. Upon adoption of the Capital Improvement Plan the Public Art Design Council shall review and recommend all projects for which the Percent for Art Ordinance applies. This should be done in a timely fashion in order to develop particular project requirements and/or bond language.

77 b. Architects/Engineers invited to submit a proposal for construction or renovation project which includes the Percent for Art should be advised of requirements and guidelines. The Architect shall work closely with the Public Art Design Council and the Selection Committee on the designation of appropriate sites and shall incorporate the Artist's or Artwork's special requirements within the construction documents, including the time of delivery and installation of the Artwork. c. Upon the designation of an Artist or an Artwork by the Public Art Design Council, the Artist shall enter into a contract with the City for the Artist's services or for the purchase and installation of the Artwork. This contract shall require the Artist to produce or deliver the Artwork for a price guaranteed to be no greater than the maximum contracted cost. Sec Eligible expenses for the Percent for Art Program. a. Appropriations for Percent for Art Program projects may be spent for: 1. The Artwork itself, including but not limited to: A. Artist's design fees. B. Additional labor and materials required for production and installation of Artwork. C. Artist's operating costs. D. Travel related to the Project. E. Transportation of the Artwork to the site and installation. F. Any required permit or certificate fees. 2. Identification plaques and labels. 3. Frames, mats, mountings, anchorages, containments, pedestals, or materials necessary for the installation, location or security of the Artwork. 4. Photographs of completed Artworks. 5. Communication and other indirect costs including insurance. 6. Expenses for special advisors or consultants. 7. Historical artifacts displaced by construction. b. Appropriations for Percent for Art Program projects may not be spent for:

78 1. Reproduction, by mechanical or other means, of original Artworks, except in cases of film, video, photography, printmaking or other media arts. 2. Decorative, ornamental, or functional elements which are designed by the Architect or consultants engaged by the Architect, as opposed to an Artist commissioned for this purpose. 3. Those elements generally considered to be components of a landscape architectural design or landscape gardening. 4. "Art Objects" which are mass produced of standard design, such as playground sculpture. 5. Directional or other functional elements, such as supergraphics, signs, color coding, maps, etc., except where a recognized Artist is employed. 6 Those items which are required to fulfill the basic purpose of a Department/Division. Examples would be Artworks fulfilling an interpretive or educational role in a City facility or park. Sec Selection of artwork(s). All Percent for Art Program projects, whether they are permanent or temporary Artworks, will be developed to respond to a specific site or building location, with the exception of Artworks that are conceptually intended to circulate among various sites or facilities within the Project Area. The Public Art Design Council may establish a Public Art Artists Registry to allow artists interested in public art opportunities to participate in selection processes by maintaining a record of their work with the Public Art Program. The Public Art Design Council in conjunction with the representative of the Department responsible for the capital project and the Project Architect shall analyze and discuss appropriate locations, amount to be spent for purchased or commissioned Artworks, suitable art forms, Artists' prerequisites, specifics of Artist/Artwork selection process which includes open competition, limited/invitational competition and direct purchase. A prospectus will be prepared and advertised by the Public Art Design Council. The competitions may be in stages, with the final selection chosen from a group of finalists. In making the final selection, the Selection Committee shall be guided by the goals and purposes of this ordinance and the criteria set forth in this document and any regulations promulgated to fulfill the criteria. The Committee shall select Artworks which will be technically feasible to produce and display; the selection of Artist(s) who will provide art

79 integral to the project will be made as early in the conceptual design stage as practical, so Artist(s) will be able to work with the Architect from the beginning of the project. If necessary, the Public Art Design Council may advertise nationally for proposals. The Selection Committee has the option of making no selection. If no proposal is accepted, the Committee has the right to reopen the competition or to propose other methods of selection. Each proposed Percent for Art project will also be evaluated as to: its artistic excellence, appropriateness in terms of scale, material and content relative to the immediate and general architectural, social and historic context; and long term durability against vandalism, weather, theft and excessive maintenance. Acting on behalf of the City of Hutchinson and the advice of the Selection Committee, the Public Art Design Council will make the final determination of selected work(s). Sec Criteria to be used in selecting public art. a. Artists will be selected on the basis of their qualifications as demonstrated by past work, appropriateness of the proposal to the particular project, and its probability of successful completion as determined by the Selection Committee. b. In selecting Artists and Artworks, the Selection Committee shall select those Artists and Artworks of the highest aesthetic quality, and those which fulfill the purposes of the Percent for Art Program. c. In all cases, consideration will be given to materials, construction, durability, maintenance, public access and safety. Sec Selection Processes for public art. Selections of Artworks will be made by one of the following methods: a. Open Competition: Site and program advertised; proposals accepted from all artists; no proposal fee is paid to artist unless stipulated. b. Limited/Invitational Competition: One or more artists is invited to submit proposals; no proposal fee is paid to artists unless stipulated. c. Direct Purchase: A completed Artwork is purchased. Sec Public Art Management/Maintenance. a. All Artworks remain under ownership by the City of Hutchinson.

80 b. City of Hutchinson departments must notify the Public Art Design Council if an Artwork is damaged or stolen. c. Monies to maintain works of art shall come from the Public Art Trust fund, established at up to twenty percent (20%) of the initial one percent (1 %). Sec Deaccessioning. Deaccessioning will be considered only after a careful and impartial evaluation of the artwork within the context of the collection as a whole. At the beginning of the process, the Public Art Design Council will make a reasonable effort to notify any living artist whose work is being considered for deaccessioning. The Public Art Design Council may consider the deaccession of artwork in the event that it cannot be re-sited. The Public Art Design Council shall establish in written guidelines the reasons for deaccessioning artwork which shall include, but not be limited to, the following: a. The artwork has been damaged or has deteriorated and repair is impractical or unfeasible. b. The artwork endangers public safety. c. In the case of site-specific artwork, the artwork is destroyed by severely altering its relationship to the site. d. The artwork requires excessive maintenance or has faults of design or workmanship. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication once in the official City newspaper. PASSED BY THE GOVERNING BODY, this 19th day of May, 2015, for the City of Hutchinson, Kansas. ATTEST: Jade Piros de Carvalho, Mayor Karen Weltmer, City Clerk

81 CITY COUNCIL AGENDA REPORT COUNCIL COMMUNICATION FOR MEETING OF May 19, 2015 DATE: May 13, 2015 AGENDA ITEM 5?n FOR ACTION._... SUBMITTED BY: Jana Mccarron, ~ Director of Plan~ d Development INFORMATION ONLY REQUEST: Case #15-LMA-02 Address: 700 & 702 E Avenue A Property Owner: Tracy Metzger, 519 E 41 st Avenue, Hutchinson, KS Appeal of the Landmarks Commission Decision to deny a request to replace wooden windows with vinyl windows. CITY COUNCIL ACTION REQUIRED: (1) The City Council may grant the Appeal of the Landmarks Commission determination and authorize the issuance of a Building Permit for E Avenue A based upon a finding that there is no feasible and prudent alternative to the project; OR (2) The City Council may uphold the Landmarks Commission determination and deny the issuance of a Building Permit for E Avenue A, thereby requiring removal of the vinyl windows, based upon a finding that there is a feasible and prudent alternative to the project. LANDMARKS COMMISSION DETERMINATION: The Hutchinson Landmarks Commission voted to deny this request by a vote of 6-0, based upon due consideration of the following relevant factors set forth in the Secretary of the Interior's Standards for Rehabilitation 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 5. Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence. The Landmarks Commission acts in the capacity of a Certified Local Government (CLG) to perform historic review on behalf of the State Historic Preservation Office for properties listed on the state or national register of historic places. The subject property is a contributing structure located in the Houston Whiteside Historic District, which is on both the state and national register. The applicant installed vinyl windows throughout the house without obtaining a building permit, which is required for this type of work. Staff notified the property owner about the required permit and historic

82 15-LMA-02 Replacement Windows East Avenue A City Council Meeting: May review earlier this year. The Commission determined that replacing the wood windows with vinyl would "damage or destroy the historic nature of the property," and thus denied the application. PUBLIC MEETING: On April 28, 2015, a public meeting was held by the City of Hutchinson Landmarks Commission, and the attached staff report (Exhibit A) and associated attachments were presented. The unofficial minutes for the public meeting are included as Exhibit B. Two owners of property located within the Houston Whiteside District spoke in opposition to the request. APPEAL AND PUBLIC HEARING NOTICE: The applicant submitted the attached appeal application (Exhibit C) to the Planning & Development Department on April 24, A public hearing notice was published in the Hutchinson Newson April 29, CITY COUNCIL DECISION BASIS: While the Landmarks Commission bases its decisions on the Secretary of the Interior's Standards for Rehabilitation, the City Council may make a decision to affirm or reverse the decision of the Landmarks Commission based on whether or not there are any feasible and prudent alternatives to the project being proposed (K.S.A ). K.A.R (e) defines feasible and prudent alternative as "... an alternative solution that can be reasonably accomplished and that is sensible or realistic" and further provides that the following factors shall be considered when determining whether a feasible and prudent alternative exists: 1. Technical issues; 2. Design issues; 3. The project's relationship to the community-wide plan, if any; and 4. Economic issues. A brief analysis of the proposal (replace historic wood windows with vinyl windows) in light of each of these factors is included below. Feasible & Prudent Factor Alternative Technical issues: Alternative #1: Repair Existing Wood Windows (REPAIR) No Alternative #2: Replace Wood Windows with Like Material-Wood (REPLACE-WOOD)./ Proposal: Replace Wood Windows with Unlike Material-Vinyl (REPLACE-VINYL)./ Discussion: The applicant has indicated the windows were too deteriorated to be repaired. Please see the photos provided. Staff's assessment is that some repairs could likely have been made, however, not all windows were likely repairable. Replacement with wood windows or with vinyl are both feasible and prudent alternatives. Design issues: Alternative #1 : REPAIR./ Alternative #2: REPLACE-WOOD./ Proposal: REPLACE -VINYL./ Discussion: The windows were replaced with windows of the same style. There are no design issues associated with this project. All alternatives are feasible and prudent. 2

83 15-LMA-02 Replacement Windows East Avenue A City Council Meeting: May Factor Community Wide Plan Relationship: Alternative #1: REPAIR Alternative #2: REPLACE-WOOD Proposal: REPLACE-VINYL Discussion: The Comprehensive Plan supports Historic Preservation, including a project to place additional properties on the National Register of Historic Places. The replacement with vinyl windows will likely make this property non-contributing, which is the opposite of the Comprehensive Plan's policy direction. Only the repair with wood or replacement with wood are feasible and prudent alternatives based upon this factor. Economic issues: Alternative #1 : REPAIR Alternative #2: REPLACE-WOOD Proposal: REPLACE-VINYL Feasible & Prudent Alternative././ No No No./ Discussion: The applicant has provided information showing the cost of replacing the windows with vinyl versus the cost of replacing them with wood. Replacing the historic wood windows with vinyl windows costs roughly half the cost of the average window repair. As noted above, some of the windows were in such poor condition that repair would likely not have been feasible. Replacing the windows with new, wood windows is 4.5 times more expensive than replacement with vinyl windows. The applicant chose an inexpensive vinyl replacement window type. There are some vinyl windows that are more expensive than this and even comparable to wood replacement in price. Please see the table below: I REPAIR 1 I REPLACE-WOOD 2 I REPLACE-VINYL 2 I I $312 I $ I $163 I Please refer to the attached article by Gary Kleier, "The Vinyl Lie", for an examination of the costs and longevity of vinyl windows. Based upon the initial costs, there is no feasible and prudent alternative to replacement with vinyl windows from an economic perspective. 1 Homeadvisor.com, Average Window Repair Costs, Kansas City area. Actual repair costs vary by window type and the work that is needed. Steve Jacobs, a Wichita contractor quoted a range of $250-$800 per window, dependent upon the repairs needed. 2 Cost Estimate from Lowes, provided by the applicant. In summary, from a design perspective, all of the alternatives are feasible and prudent. There may have been technical issues with repairing some of the wood windows, thereby rendering that option as not feasible and prudent. From the perspective of Historic Preservation, the applicant's solution is not feasible and prudent. When economic factors alone are considered, either repair of the wood windows or replacement with wood windows are not feasible and prudent alternatives to replacement with vinyl. 3

84 15-LMA-02 Replacement Windows East Avenue A City Council Meeting: May 19, 2015 EXHIBITS: A - Landmarks Commission Staff Report and Attachments B - Unofficial Landmarks Commission Minutes (Meeting of April 28, 2015) C - Houston Whiteside District diagram with subject property annotated D - Landmarks Appeal Application E - "The Vinyl Lie", Gary Kleier 4

85 EXHIBIT A LANDMARKS COMMISSION STAFF REPORT PUBLIC MEETING: 3/26/ o March 3, 2015 TO: FROM: Hutchinson Landmarks Commission Justin LaFountain Associate Planner SUBJECT: APPLICANT/ OWNER: REQUEST: Tracy Metzger 519 E 411t Avenue, Hutchinson Request to replace wooden windows with vinyl windows of the same style. SIAEf RECOMMENDATION 1. Staff recommends that, based upon the applicable standards specified In the Secretary "f the Interior's Standards for Rehabilitation, spectfically standards 2, 5, and 6, that the renovation be denied by the Landmarks Commission because It will destroy the historic character of the home and damage the character of the Houston Whiteside National Historic District.MOTION Motion to approve/deny this request for Landmarks Commission approval to replace wooden windows with vinyl windows, based on due consideration of the followtng relevant factors set forth In the Secretary of the Interior's Standards for Rehabilitation: 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 5. Distinctive features, finishes and construction techniques or e:i..amples of craftsmanship that characterize a historic property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence. BACKGROUND The subject property is located at E Avenue A, and is a contributing structure in the Houston Whiteside National Register District. The house Is a duplex known as the Smith-Humphries Duplex. The two story side gable house has some Colonial Revival styling and was constructed circa The National Register of Historic Places Continuation Sheet description Is as follows: "This simple two-story side gable house with wood clapboard siding has some architectural features with Colonial Revival stylistic references. The 6/6 double-

86 Case 115-LM E Avenue A Page 2of 3 hung windows, multi-light entry doors, and steeply pitched gable awnings over the entries, which are further demarcated by brick siding, are some of the revivalinfluenced details. There is a non-contributing garage at the rear." In mid-january, 2015, City staff noticed that new windows had been Installed on the property, without obtaining a building permit. The windows were purchased and installed prior to discussing the project with City Staff. Staff lnfonned the property owner, Mr. Tracy Metzger, that the proposal would need to be reviewed by the Landmarks Commission prior to the issuance of a building permit. While the project is already completed, it is still required to be reviewed by the Landmarks Commission because it removed historic wooden windows and replaced them with vinyl windows. On February , Mr. Metzger submitted the application for Landmarks Commission review of the project. He Included in his submittal detailed notes and pictures to support his case. ANALYSIS: Secretary of the Interior's Standards for Rehabilitation Kansas State Statute governs Historic Review of properties. Under the statute, projects may be approved for historically-designated properties as long as the determination is made that the project will not "damage or destroy'' the historic structure or the district. The Secretary of the Interior's Standards for Rehabilitation are national standards that Kansas State Historical Society uses to perform the Historic Review and make the "damage or destroy" determination (K.A.R ). Since the Landmarks Commission Is a Certified Local Government, the State has granted authority to the Commission to perfonn Historical Review on Its behalf. The standards pertinent to this window replacement request are presented In the table below. Standard Met Not Met 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. x 5. Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall x be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old In design, color, x texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence. These conditions are not met, as the new windows are not a similar material to the original windows. In addition, the Secretary of the Interior provides guides for effective preservation. The preservation brief discussing window repair and maintenance explicitly states that "replacing an entire window when repair of materials and limited replacement of deteriorated or missing parts are appropriate" is not recommended.

87 case #15-LM E Avenue A Page3of3 Houston Whiteside Historic District Homeowner Preservation Handbook: The Houston Whiteside Historic District Handbook states that, "because they are important in conveying historic character, original windows should be maintained and preserved whenever possible." In situations where replacement is absolutely necessary, "windows that are deteriorated beyond repair should be replaced with new windows that match the overall measurements and details of historic windows." The proposed renovation is not in compliance with these guidelines. Conclusion The Landmarks Commission will need to make a determination on the proposed project, as follows: State and National Historic Register Determination Will the proposed project "damage or destroy" the historic significance of the structure or the district? This determination should be based upon a finding that Standards 2, 5, and 6 of the Secretary of the Interior's Standards for Rehabilitation are met/not met. If the proposal Is appealed, City Council will, after a consideration of all relevant factors, weigh the proposal against the standard of "no feasible and prudent alternative" to the project. Should City Council make a finding that there is no feasible and prudent alternative to the proposal, the state shall be given a minimum of five days' notice of determination, by certified mail, of City Council's action. Attachments 1 -Application, Including notes and photos provided by the applicant CC: Jana McCarron, Director of Planning and Development Casey Jones, Senior Planner

88 2015 LANDMARKS COMMISSION HISTORIC REVIEW APPLICATION ~ CITY OF TCHINSON CITY OF HUTCHINSON Planning and Development Department 125 E. Avenue B, Hutchinson, KS phone fax Esm Om~ UB ~bl LANDMARK& ~mlmllllql':t 12nfiBlll~6IIQH: DATE RECEIVED: ri, /"J..S /IS" APPROVED DISAPPROVED CASEt: IS-1..M-0~ (PLANtlNG STAFF} (DATE) PROJ1i5&T INFORMATION Project Addl'881 Applicant --=Joo/ ~oz ~f-e~: Ec.sl II flvr;_ Mailing Address H ~,1-.s<>"- Jes '2.RJ?.. Phone - Property Owner --rt-(,fc~ Wl~b5ec_ Malling Address Slj F 'fl sf- &c.. f/j.d. "'~ ft:'.5 '1/So~ I Phone I I PRoJECTTYPE Type of work proposed: IJ Major exterior building changes or alterations. JIP Exterior building changes or alterations LW.!ng ynlkl mllld and/or those Involving a modification of the existing size or IJ IJ IJ IJ IJ IJ IJ IJ IJ appearance of the property. Electronic message board signs I digital signs. New development, If not included under Administrative Review. Major lntenor alterations/remodeling (e.g. remodeling of a historic ftoor). Major zoning changes (e.g. those that have the potential to change use types In a historic district.) Mechanical, plumbing and electrical cha113es that raqulre major changes. Demolition of structures, unless speclflcally listed lnier Admlnl&tratlw Review. City Infrastructure projecls that have the potential to impact historic resources (e.g. paving over brick streets or sidewalks}. Painting of m1nls (bulldlng permit not raqulred}. Painting, other than murals, shall be exempt from Historic Review. Arri other project type not specifically lated as an Administrative Review Project. See the "2015 Administrative H"IStoric Review Application for projects that require only administrative review. L6Klma1SISI CollMllSION f:tlstoric REvEw 11,lBMITT& REaulREJIEKII '~l:t~l5!!11 IOXEI 12E IICMl l!.!1111'' I ED) D Complef8 Landmarb Commlalon Hlstoltc Review Appll~on. D Sita or sketch plan. ' Floor plan or bulldlng outline. D Elevation drawings, Including ducrtptlon of materl Photogrmphs. HISTORIC 16!!.!I 0 Local Landmark 0 State Regleter, lndlvldual a Stat. Regi.tar District 0 National Register, lndlvldual.a. Natlonal Register District '811!!2= 1 /:;;, z;vt;l It j;b [)~ ~ 1

89 CITY OF HUTCHINSON Plannlng and Development Department 125 E. Avenue B, Hutchinson, KS (620) Fax: (620) DE9CRFl'ION /) J / GENERAL DESCRIPTION OF PROJECT r:_/(~ i~.._,,.d..._.~... C... I ~~/.""''t!k.,,(.i..o'.#i.:;..;;;;...:...o,'«a~~lfj"""-'s"--_,.f-..uk:w..1...b-=.:.r.~,:..1od<.,;r HISTORIC REGISTER NoMINATION DEICRP110N (allllah llddltlonel pmgea, If needed) PR9JEcJ MAIQW.S List all components of the proposed project in the space provided. Attach additional sheets, if needed. Item Exlatl P EXlmale Extmole Examal! Storefront R.cessed aluminum door with display window«aluminum display window and doorway.sidewalk. Transom.,., onr door Is covered. No (dark bronze) to be placed at strht level. transom over window. Display window Is dou,,,. Glass to be W' tempered glau. Glass paned. Exterior Is matal framed. lntwfor window tnnsom to be Installed over doorway and Is wood framed. dis window. 2

90 CITY OF HUTCHINSON Planning and Development Department 125 E. Avenue B, Hutchinson, KS (620) Fax: (620) SIJE PLAN CHECKUSJ THE SITE PLAN DRAWING SHALL CONTAIN THE FOLLOWING: O The name and malling address of the applicant and owner of record, If not the same as the applicant. O The legal desaiption of the property. CJ Date, scale, north arrow, title and preparer's name. O Location and dimensions of: Property lines Easements 0 Location and dimensions of existing and proposed: / Structures Parking spaces and drive alsles Driveways Loading areas Trash receptacles Fences Screening Signs Lighting Stormwater storage and conveyance facilities Utilities (e.g. water, gas, electrical, sanitary sewer) a Use of existing and proposed structures. O The approximate location of structures on adjoining properties. CJ Location and extent of outdoor dlsplay/storage areas, existing and proposed. ELEVATION DRAWINGS Cti.ECKUST THE ELEVATION DRAWINGS SHALL CONTAIN THE FOLLOWING: 0 The name and mailing address of the applicant and owner of record. 0 Date, scale, title and preparer'& name. CJ Height of the structure, both existing and proposed. 0 Description of exterior materials, both existing and proposed. 0 Drawings of all sides of the building proposed for modification. r-'"' ~- - SECR TARY OF 1HE INTERIOR SrANllARD FoR BEHABll.ITAT10N REv!ew (The following Standards are to be applied to speclllc rehabllltatlon projecls In 11 reasonable manner, taking Into consideration economic and technical feasibility). 1. A property llhall be uaed for tis hi8tortc pi.pose or be placed In a new~ that requires minimal chef9i to the defining charactertstlcs of the building and tis 1le and environment 2. 1he hll1oltc chllracte1 of 11 property lhall be retained Ind ~ - The removal of historic mal8riala or alleration of f9lltlnl Ind _.,... thlt c:hl111c1eriz8 II Drooertv shal be avoided. 3. EICh property lhal be recognizlld 111 a phyeie81 l9col'd of 1111 tme, place, and ime. Changes that c:nl8te a falee of hll&oric:al deyelopment, IUCh as adding ~ featuree ore architectural elements from other bulldlra&. lhall not be l'!dertaken. 4. Molt properle1 change over tme; thoae changes that twve acquired historic significance In their O'M1 right lhall be retained and 5. OlatinCtlve features, flnlahes and construction techniques or examplel of craftsmanahlp that clwracmrtze a hlatoric...-iv llhall be D.,_rved, 6. Deteriorated historic featunts shall be repaired rather than replaced. Where the lllm!rity of deterioration requi1'81 replacement of a dllltlnctllle feature, the new featin shall match the old In dnlgn. color, lextln, and other visull qualllles and. where poeslblll, materials. Replac:ernet't of mlaelng faablee lhall be substantiated by documentary. oh\l!lbil or olctorlal evidence. MEET8 i/ J../ Doullllr ~ J v./ 3

91 CITY OF HUTCHINSON Planning and Development Department 125 E. Avenue B, HutchlnBOf"I, KS (620) Fax: (620) SECRETARY Of THE INTERIOR STANCMBDS for RElwNlJTA7JON 8EYEYt (CoNT'D) LNtDIWIKB C(llMllllQN HllIORIC REVEW PBOCEU 1. Submit the attached L..ndmuks Commlnlon Historic R8vlew AppUcallon and au required supporting materials to the Planning and Development Department in accordance with the application deadlines on page Following receipt af a complele undmarb Commlnlon Historic Review Application, planning staff will schedule the application for the next avallable Landmarks Commlaalon meeting. 3. Plannlng staff wlll evaluate the proposal baaed upon the applcation materials provided and the Secret&ry of the Interiors Standanls for Rehebllltatlon. The applicant may be required to provide additional materials or lnfonnation. In addition, staff may request modifications be made to the project to meet the Standards. 4. Planning staff wlll prepare a staff report for the Landmartcs Commission containing a deacrlption of the project, a copy d the appllcatlon materials submitted and a recommendation. 5. The Landmartcs Comml881on wlll conduct a public meeting to consider the project. The appllctnt MUST b! PIMlnt at th! mnt!na In onltr fpc the HplCllkHJ to b! cootldtfld. Tht 1ppllcdon w!ll bt tlbltel If the 1ppJIC1ftt 11 not prthnt. 6. If the Landmarks Commission finds that the proposed project meets the requirements of the Secretary of the Interior and will not damage or destroy the historic property and/or district, the project may proceed. If the Landmal'b Commlsaion finds that the project does not meet the standards, the applicant may: 1) Modify the project and 1"88Ubmlt the application; 2) Appeal the Landmarks Commlaslon decision to the City Council; or 3) Not do the project. Appeals must be submfttad wlthn 15 days on fonns provided by the City. UNDER NORMAL CRCll&TANCES. A MINIMUM OF 21 DAYS rs REQUIRED FROM SUBMITTAL OF A COMPLETED APPLICATION TO THE FINAL DECISION. Signature Printed Nwne Printed Name 4

92 CITY OF HUTCHINSON Plannlng and Development Department 125 E. Avenue B. Hutchinson, KS (620) Fax: (620) Landmarks Commission Historic Review Application Submittal Deadlines and Meeting Schedule Lmdmarb Historic Review Commission Meetlna - AppllcatJon DMdllne 4:00PM December 18, 2014 January 8, 2015 January 2, 2015 January 22, 2015 January 22, 2015 February 12, 2015 February 5, 2015 February 26, 2015 February 19, 2015 March 12, 2015 March 5, 2015 March 26, 2015 March 19, 2015 April 9, 2015 April 2, 2015 April 23, 2015 April 23, 2015 May 14, 2015 May7, 2015 May28, 2015 May21, 2015 June 11, 2015 June 4, 2015 June 25, 2015 June 18, 2015 July 9, 2015 Julv2, 2015 July 23, 2015 July 23, 2015 Auirust 13, 2015 August 6, 2015 Auaust 27, 2015 August 20, 2015 September 10, 2015 September 3, 2015 September 24, 2015 September17,2015 October 8, 2015 October 1, 2015 October 22, 2015 October 22, 2015 November 12, 2015 November 19, 2015 December 10, 2015 December 3, 2015 December 24, 2015 December 23, 2015 January 14, 2016 PLEASE NOTE: The appllcant or agent must be present at the scheduled publlc hearing. If the applicant Is not present, the public hearing wlll not take place.

93 I apologize that I was not originally aware of this duplex being in a historical district when purchased last year and the historical rules that are applied to replacement windows until receiving the letter from the city. This duplex has been vacant more than it had been occupied for last several years and was in need of exterior help. Now knowing that this would become an issue I would have taken more pictures prior and would have followed the steps set forth to gain approval. Being an investment property, if the windows would have been in good sound condition they would have been kept and used, we felt they were not in sound condition or in a condition where it was monetarily feasible to even attempt to restore them. The intent of replacing the windows was to give us as owners and our future tenants of the property the following: Additional Energy efficiency Curb appeal with a consistent and visually correct Quality and Safe windows that all lock properly Easy and safe way to clean and maintain them Windows that operate safely and easily This structure has 26 windows in which most had severe issues of the following nature. Not original or visually correct windows. Not sound - weather rot Major Leaks due to bad seals and rot - Storm windows were missing or broken on most windows that lead to rot. Visual voids could be seen in many of the windows. Broken panes and a good majority glazing cracked Missing or broken storm windows Broken and or missing locks Single pane glass After learning the requirements, material costs would run approximately 3X times the amount of the current windows if replaced with non-vinyl windows and storm windows. An investment of that amount just for the windows would push the needed rent amounts into unattainable territories for this given property. We felt given the situation we made the best choice for this property. We have received numerous compliments from surrounding neighbors on how nice the property now looks and has done nothing but add value to this corner.

94 The windows installed in this property were Pella vinyl double pane annealed replacement double-hung window with grills inserts, argon filled and energy star approved. From the street they look visually correct to the requirements. Sample pie of the windows installed 1"1'.1..-r. -.?'.:. From the Preservation Book 2 1

95 From the Auction Flyer - You can see the mlssin1 storm windows and windows that are miss-matched. (2) 3 j I

96 Pictures after the windows where replaced. (6) South Side West Side 4 1

97 East Side North Side SI

98 South Side Interior View 6 I :. a

99 Few pictures of the old windows. (4) Wood' placements windows that were non-functional and, d visual gaps Loose glazing and dry rot

100 Broken Panes Loose joints s I

101 Pictures of houses directly around the subject property In which many have exceptions or modifications, etc. Vinyl Siding and Metal Car port - North Vinyl Siding - Northwest 9 1.: F

102 UNOFFICIAL EXHIBIT B MINUTES HUTCHINSON LANDMARKS COMMISSION City of Hutchinson Thursday, April 23, :00 p.m. CITY COUNCIL CHAMBERS, CITY HALL 125 E. A VENUE B, HUTCHINSON, KANSAS 1. Roll Call Members present: Lloyd Armstrong, Sarah Sipe, Ashley Maready, Greg Holmes, Wes Bartlett, and Tony Karam. Members absent: Warren Hixson. Staff present: Jana McCarron, Director of Planning; Casey Jones, Senior Planner; Justin Lafountain, Associate Planner; and Charlene Mosier, Secretary. 2. Welcome By Chairperson Karam welcomed everyone in attendance and extended a special welcome to new member, Wes Bartlett. 3. Approval of Minutes The minutes of the February 26, 2015 meeting were approved on a motion by Maready, seconded by Holmes, passed unanimously. 4. Projects Approved Administratively Project# Address Description Local District Landmark 15-LM E Sherman Reroof/Porch Repair No Houston Whiteside District 15-LM S Ford St Repair/Maintenance of No Houston Whiteside porch District 15-LM-08 2 E 2nd Ave Wall Sign No Downtown Core North 15-LM S Main St Detached Carport No Downtown Core South 15-LM E Avenue A 2 Bedroom Windows, JS 1 No Houston Whiteside floor porch District Lafountain said these permits were all fairly routine or were maintenance projects. 5. Projects Approved by SHPO Project# Address Description Local District Landmark 15-LM E Avenue A Exterior Rehabilitation No Houston Whiteside District

103 15-LM EAvenueA Exterior Rehabilitation, side Yes Houston Whiteside porch District demolition/revlacement Lafountain noted all projects involved in the CDBG grant are being reviewed by the State Historic Preservation Office. The grant could include up to 18 houses. 6. New Business a. 15-LM-05: East Avenue A Request to replace wooden windows with vinyl windows. Karam asked if there were any outside contacts or conflicts of interest; there were none. Lafountain reviewed the case. The property located at East Avenue A is a contributing structure in the Houston Whiteside National Register District. The house is a duplex known as the Smith-Humphries Duplex. The two story side gable house has some Colonial Revival styling and was constructed circa The National Register of Historic Places Continuation Sheet description is as follows: "This simple two-story side gable house with wood clapboard siding' has some architectural features with Colonial Revival stylistic reference. The 6/6 double-hung windows, multi-light entry doors, and steeply pitched gable awnings over the entries, which are further demarcated by brick siding, are some of the revival-influenced details. There is a non-contributing garage at the rear." Staff noticed new windows had been installed without obtaining a building permit or historic review. Staff informed Mr. Tracy Metzger, property owner, the proposal would need to be reviewed by the Landmarks Commission prior to the issuance of a building permit. The project must be reviewed because historic wooden windows were removed and replaced with vinyl windows. Lafountain reviewed the Secretary of the Interior's Standards for Rehabilitation. The historic character of the property has not been met, distinctive features, finishes and construction techniques or examples of craftsmanship were not preserved, and deteriorated features were replaced rather than repaired. Photos of the wood windows that were removed and the vinyl windows that have been installed were shown. Karam asked the applicant to give his presentation. Tracy Metzger, 519 E. 41 st Ave., said he purchased the property last August at auction and did not know it was in the historic district. It had been vacant for three years. He has repaired the roof and garage, replaced the windows and painted the house. He said the neighbors have told him they are happy with the appearance of the improvements. He compared the cost of vinyl and wood windows and the vinyl windows were less expensive. 2

104 Bartlett and Holmes commented repairing wood windows can be time consuming; however, historic training seminars have shown that repairing existing wooden windows on site are not more expensive than replacement with vinyl. Armstrong commented that realtors and auction companies are required to disclose when a property they are selling is historic. Mr. Metzger said ifthat was mentioned, he was not aware of it. Karam asked for audience comments. Joan Higgins, 615 E. Sherman, said she replaced a basement window and had a historic review. If a building permit would have been obtained first, the windows would not have been removed. Jackie Roberts, 633 E. Sherman, said she has redone her historic home with all the proper permits and wood windows were not much different in price than other materials. She especially wants to see the single family historic homes in the neighborhood protected from remodeling that will ruin the historic character. She suggested realtors have an information sheet to give buyers who are interested in historic properties. Mccarron mentioned she has spoken to the Board of Realtors about historic district properties and all owners of historic properties have been mailed an informational book as well as been invited to seminars and workshops. LaFountain gave the staff recommendation. Based upon the applicable standards specified in the Secretary of the Interior's Standard for Rehabilitation, specifically standards 2, 5, and 6, Staff recommended that the renovation be denied because it will destroy the historic character of the home and damage the character of the Houston Whiteside National Historic District. Motion by Holmes, seconded by Armstrong to deny this request for Landmarks Commission approval to replace wooden windows with vinyl windows, based on due consideration of the following relevant factors set forth in the Secretary of the Interior's Standards for Rehabilitation: 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 5. Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence. 3

105 The motion passed with the following vote: Yes - Sipe, Bartlett, Maready, Homes, Armstrong, Karam. 7. Old Business a. Update on Historic Preservation Month LaFountain said a proclamation for Preservation Month will be given at the City Council meeting on Tuesday, May 5. Karam agreed to attend the City Council meeting for the proclamation. On Sunday, May 17 at 2:00 p.m., the street sign toppers will be unveiled and the Preservation A ward plaques will be presented at the Houston Whiteside neighborhood park at 1st A venue and Plum. Refreshments will also be served. Invitations will need to be sent to the Houston Whiteside Neighborhood and a notice about the event placed on Channel 7, and in the newspaper. Jackie Roberts stated she would assist with walking tours of homes in the Houston Whiteside Neighborhood and staff agreed to make copies of the scripts of the walking tour. The commission discussed properties for the Preservation Award. The Wiley Building was suggested and the Lofts owned by the Fasts at 416 N. Main were also suggested. Staff indicated they were not familiar with the Fast building and would need to check it to ensure it was eligible. Plaques will be ordered for the selected properties. Motion by Holmes, seconded by Maready to approve the Wiley Building for a Preservation Award and the Fast property, provided it is eligible, passed with the following vote: Yes - Sipe, Bartlett, Holmes, Maready, Armstrong, Karam. b. Update on Houston Whiteside Street Sign Toppers The signs will be installed by the Street Department and this will be coordinated for the unveiling on May 1 7. c. Revisions to the City of Hutchinson Preservation Ordinance (Chapter 4 of the City Code) Mccarron said City Attorney, Paul Brown, has reviewed the Hutchinson Preservation Ordinance and staff has made his edits. The Final Draft of the ordinance was included in the packet. She asked the members if they had any additional comments. The commission was pleased with the ordinance. 4

106 Motion by Maready, seconded Sipe to approve the rev1s1ons to the Preservation Ordinance, passed with the following vote: Yes - Armstrong, Sipe, Bartlett, Maready, Holmes, Karam. 8. Other Business a. Open comments from the audience - none. b. Maready said the Reno County Museum has a display featuring Pat Mitchell and invited everyone to come see it. 9. Adjournment - The meeting adjourned at 5:00 p.m. Respectfully Submitted, Charlene Mosier Approved this day of Attest: 5

107 EXHIBIT C Houston Whiteside NatJonal Register District Hutchinson; Kansas I I! ' I... l1 J r. I ti) ~,,;: '8lnct S=mrv ~~ c -OMlnlivillOliWilW,,, Pi-"t-ise. U.I) ' 0 - ~~ -...,.,,.~.._ NOAVE. I ' 1--:---._..._., -..._...,.,~ STAV... 0 Ha "'1 "' -... "" (, J::i:: o e e I I t I --,I I I -,... VJ 0 I~ t Q": cii ~-- e I 'etf '. ~ I 6 I ---].,!!1!!!!1..., ~., [ ';!'.._ 0 ~~~~~1S~T~A~V~E...,...,~, 0 a Ol I,. % c Subject Property 700 & 702 E Avenue A ,,..._ I 1.- NJI.f'V I AIY._ J 4f 1 ~d1nn ""'! f't 11'1 r:z l1l I 0 IU 1l!i 250 All...,,,., dl. Kl.,;.- - /wr Ml lw JJ4> t OQO I~...,~..... c '".;,e ; e 1 ' 1 L. C, 0 :Jk''O i,......, '-..._ I L. Lt J.. l '.._ , mil ,.., - - _..- w w _..., llw

108 EXHIBIT D 2015 HISTORIC REVIEW APPEAL APPLICATION ~ CITY OF Eaa gi:a~!.!h Qlti.x CITY OF HUTCHINSON Planning and Development Department 125 E. Avenue B, Hutchinson, KS TCHINSON phone fax crrv CQLltH~IL.121aliBlllMDr;m: DATE RECEIVED: 'f/ 'J.!f / 'J..Olf APPROVED DISAPPROVED r CASE#: i~- \,JI\~ -2~ (MAYOR) (DATE) ess:m~ctinformation Project Address /00 [ 702 'Ettsf- A- Pt~rz Applicant lf'g.~~ im-e.h~r Mailing Address Sl'l re t/t:,t- :.,~ Hvktt.~ /CJ. ~?SV~ I -- -, Phone l Property Owner }rw~ (Vie/~-/ Malllng Address.S-1, (. ~IS>ti~ Hvh~i'd~. /Cj C,?S"O~ Phone - -- E-Mall - - r 15lllli861. BiQUIREl!llliliD C>.Nners of historic properties (listed locally, by the state, or nationally} or those properties located In designated Historic Districts are required to comply with The SectelBry of the Interior's Standards for Rehab/Htation when making modifications and repairs to the property. Dependent upon the magnitude of the project, Hlstortc Revtew of the proposal la perfonned by staff (administrative review} or by the Landmarks Commission. If either staff or the Landmarks Commission denies the project baled upon the Historic Review, the appllcant may appeal the denial to the City Council. HISTORIC REVIEW APPEAL APPLICATIONS llust BE FILED WITHIN 15 CALENDAR DAYS OF THE DATE THE DENIAL DETERMINATION WAS llade. APPLICANTS WHO DO NOT SUBlllT THE APPEAL APPLICATION AND ALL SUPPORTING DOCUMENTATION WITHIN THE 15 DAY APPEAL PERIOD SHALL FORFEIT THE RIGHT TO APPEAL f::f!lm!ski REVIDI! APPEAL l!.!lllliia&. RliS&!IBHliND D Complel8 Hl torlc Review Appeal Appllc:Mlon. D Technical l u Attachment(... City Council Appeal Factors) D Design,... Attachment(... City Councll Appeal FllCfors} 0 Economic lauea Atblchment (... City Council Appe.. Factors).. a Local Landmark Cl State Register, lndlvldual 0 State Reglater Dlab1ct a National Register, Individual National Register District '8,01Str11t. ~IUt-uia'=: t11msis& II6nm APP!i6L, l!!f21!ma!!qn 1. Date Historic Review Determination wn made: lj. / 7:i:_/ 2dJ IO 2. Historic Review Detennlnatfon made by: _ Planne; - Landmarks Commlaalon

109 CITY OF HUTCHINSON Planning and Development Department 125 E. Avenue B, HutchlnBOn, KS (620) Fax: (620) Cm' CO!JNC!L APPEAL FACJQRI K.S.A contains the appeal raquirements for Hlatorlc Review detennlnations. Determinations, whether made by staff or the Landmarlta Commiasion, may be appealed to the City Council. The City Council's review of the appeal Is based upon a consideration of au relevant factors. In order to approve the appeal, the City Council must make a ftndlllj that there is "no faaslbte and prudent alternative" to the proposal. In making the no faaalble and prudent alternative" decision, the City Council must weigh: 1) Technical Issues; 2) Design Issues; 3) The project's relation ID the community-wide plan; and 4) Economic Issues. Below, descrl>e these factors for the City Council's consideration. Attach addlllonal pages If needed. 1. Discuss the technical Issues associated with the project, which praclude the applicant from complying with the Secretary of the /ntertors standards for Rehabilitation. <Attach doa1mentation from a con1truct1on professional. e.g. bylkfer, licensed contractpr. ate.. yerifyina the technical challenges of the prolect). 2. DISCU88 specific design issues asaoclated with the Secf8t8TY of the Interiors standards for Rehabilita ~ ~ -... PPllcant. -. complylng... '-ts re further 2J the..._. of... Comnwntty..wMla plen? 4. Detail the economic issues associated with the project, which praclude the applicant from complying with the Secrelaty of the lnteriots standards for Rehabilitation. (Attach cost estimates detailing the cost of 1he orolect u proposed versus the cost of modifying the prolect to comolv with the SCfCWt&ry of tlze lnftrior's Standaals fqr RehabHitalfoo.) 2

110 CITY OF HUTCH INSON Plannlng and Development Department 125 E. Avenue B, Hutchinson, KS (620) Fax: (620) HIS!OIUC REVIEW AePEA4. PRoqH 1. Submit the attached Hls1ortc Review Appal Appllcatlon and all required supporting materials to the Planning and Development Department in accordance with the application deadlines on page Following receipt of a complete Historic Revt.w Appeal Appllcatlon, planning staff will: a. Set the City Council date for the appeal to be considered. b. A minimum of 10 days prior to the set City Council date, publish a public hearing notice In the Hutchlnaon News detalll111 the time, date, and location of the appeal hearing. c. Prepare a staff report for the City Council, Including all materials submitted by the applicant. 3. The City Council will conduct a public hearing on the appeal. Members of the public, as wall as the applicant, will be able to make comments to the City Council during the hearing. Th appl!e1ot MUST be PreHot 8t tht mntlna In orslor for the appllcftlon to be con ldt!!d. The appllcat!on wll! be tabltd If the pplgnt le not pllffnt. 4. If the City Council finds that, based upon the materials provided, there Is no feasible and prudent altematlve" to the project, the applicant may proceed with the permitting process. If the City Cooocll denies the appeal, the applicant may modify the project or not perform the project. UNDER NORMAL CIRCUMSTANCES, A MINIMUM OF 28 DAYS IS REQUIRED FROM SUBMITTAL OF A COMPLETED APPLICATION TO THE FINAL APPEAL DECISION. I/we, the undersigned, do hereby authorize the submittal of this application and 8880clated documents and certify that all the lnfonnation contained~lhereln Is true a~ correct. (Signatures of property owners) ~~~ Sfgnature ~ -Sl-g-na-tu-, J?-&( ~ ~~~ Printed Name Printed Name 3

111 CITY OF HUTCHINSON Planning and Development Department 125 E. Avenue B, Hutchinson, KS (620) Fax: (620) Historic Review Appeal Application Submittal Deadlines and Meeting Schedule Deadllne for Flllna Historic Review aty Council APPEAL AppHcatlon MMtlna January 23, 2015 February 17, 2015 February March 3, 2015 February 27, 2015 March 17, 2015 March 13, 2015 April 7, 2015 March 27, 2015 Aprll 21, 2015 April 10, 2015 May5,2015 April 24, 2015 May19, 2015 May8, 2015 June 2, 2015 May29, 2015 June 16, 2015 June 12, 2015 July7, 2015 June 26, 2015 July 21, 2015 July 10, 2015 August 4, 2015 July 24, 2015 August 18, 2015 August 7, 2015 September 1, 2015 August 28, 2015 September 15, 2015 SeDtember 11, 2015 October September 25, 2015 October 20, 2015 October 9, 2015 November 3, 2015 October 23, 2015 November 17, 2015 November 6, 2015 December 1, 2015 November27,2015 December 15, 2015 December 25, 2015 January 19, 2016 January 8, 2016 February 16, 2016 January 29, 2016 March 1, 2016 *Contact the Planning Department for deadline lnfonnatlon for Administrative Historic Review Appeals. PLEASE NOTE: The applicant or agent must be present at the scheduled Public Meeting. If the applicant Is not present, the public meeting will not take place. 4

112 Historical Review Appeal Application Answers: 1. This structure has 26 windows In which most had severe Issues of the following nature. a. Many where not orlglnal or visually correct windows. b. Not structurally sound - weather rot c. Major Leaks due to bad seals and rot - Storm windows were missing or broken on most windows that lead to rot. Visual voids could be seen In many of the windows. d. Broken panes and a good majority glazing cracked e. Missing or broken storm windows f. Broken and or missing locks g. Single pane glass 2. Replacement vlnyl windows with grllls were purchased and installed, visually correct for the house. This duplex had a mix of windows Installed; it now has a visually uniform look. Per the Houston Whiteside Historic District Homeowner Preservation Handbook It states that aluminum clad windows are acceptable, from the street It would be very hard to distinguish between aluminum and vinyl. case 15-LM-01 that was heard earlier this year was presented with similar Issues. The vinyl windows In this particular case that were approved In that appeal case that were visually different from the previously installed windows. 1 over 1 windows were approved to replace 3 over 1 windows. Windows that are Installed In our property.

113 3. We have spent numerous hours working on this property and a fair amount of money after acquiring the property In August, Although the property Is In a hlstorlcal district we need to look at another aspect and address quality of housing we have In Hutchinson. We took a property that was In no-shape to be rented and made It Into a property that any landlord or tenant would be proud to own and rent. This property was vacant for several years prior to us purchasing the property and was becoming an eye-sore. It took less than a week to rent out both sides of the duplex. Many of the surrounding neighbors have complimented us on what we have done with the property; we could have just slopped some paint on the property and called It good. But we choose to Invest time and money in this duplex. The Intent of replacing the windows was to give us as owners and our future tenants of the property the following: Additional Energy efficiency curb appeal with a consistent and vlsually correct Quality and Safe windows that all lock properly Easy and safe way to clean and maintain them Windows that operate safely and easily All-In-all 1 think we have balanced this aspect with reason. 4. Foremost this Is a duplex and Is an Investment property. A careful balance between the amounts that can be Invested Into such as property versus the rent revenues that can be 4 Tracy Metzg obtained must be considered. a. The layout of this property Impacts the type of tenant that It will attract. Bedrooms and bathrooms on the 2"d floor and Washer/Dryer In the basement can be a restriction /deduction on the amount of rent you can collect due to the configuration. b. Fully restoring this property back to absolute original won't gain additional rent revenues to compensate for the additional costs. c. It was stated during the Hutchinson Landmark Commission meeting that Its wood windows are cheaper cost-wise versus vinyl windows. I have yet to find that during my research. Below Is a single window example of the varying cost for the window material used and the next step up to an aluminum clad window with similar options. I was asked to show where I came up with 3X the cost to use approved materials. Attached are the material price quotes for the vinyl window at $ versus $762.67(on-sale) for a 32 x S4 window (each).

114 4'12Ct2D15 Sq> ThennaSlar 1Jt Pella in x in VI! Dotie Pane Amlaled Repacemert DruttrHll'Q Wirdaw at l.j»e&.can Your Store: Hutchinson, KS ThennaStar by Pella ln x ln Vinyl Double Pane Annealed Replacement Double-Hung Window llllllt: Modelt: 7< Zl7 BelletrwttD $ _, I (' '!EI: I Sto,. Pickup ~ Your order can be avallble for~ ; II Laww'a Of HutchlnaoR, KS today. I 'Lowe's Truck DellVery Your Clrder wll be r-'y fer delvllry to you hm your 1elacled &tore. Parcel Shipping lf ~~~flvlu. Cn!ar Ii I I L ThenneSblr by Pella ln x 5175-ln Vinyl Doullltl P.. AnNlllld Replllc:ement DOUble Hung Window $113.00,... 0 g :.1 0.., ln x ln Vlnyt Double Pane Amealed Replacement Double-Hung Wndow Advanced LOllH: enefiy-41vlng glass Argon gu II lneelted tietween Ile 2 panes of 111us for added energy-elldenc;y Malntenanoa-he vinyl hmea Bolh sashes tlll for euy clean Ing of exterior glus t-om inside your home Grllle~lnl foreaay deaning Cullom 1ize1 and addllonal grllle patlema are alao avallable via special order For more product details refer to '1e spedkalona tab Specltk:lllona Adual Height (hdln) 63.6 Limited W!t1T81'lty Adi.Im Wdlh (b:hea) 31.5 lifetime Rough Opening Wd1h (hches) Lowe'I &duslve Yes Rough Opening Height (lnchea) f'rljec:tl'ype Replacement Jamb Depll (hchel) 3.26 Meets E11resa Reqlkement No s.rtes NIA Lock Type C1m Interior Colonflnllh W1tte Nall Fin NIA Exterior Colorl'llllsh W!lte JChannel NIA Hardware ColorA!llh \Milte Muffing NIA Paln'8ble No Wlod Jamb &tanaion None ColorA'lnlsh Family Wiiia Number of locks 2 Freme Material Vinyl Venllatlon Latdles Double lndudss Giid Yes Tiit Mechanlam FIU&h Grfd'J'ype Between High Altitude Raled No hglau Huntcane Approved No Gr1dWd1h 314-ln Miami Dade Approved No Grid Prolle Contoured Sound Transmission Control (STC) Ratte! Y Grid Pallem Trad111onal Flofldl Pn>duct Approved Yes ttj:p:jlwww.la. es.com1pd_31~ 12S ED>217 _0_?Ntt=318883&User&scho=318883&prcxb:tkt-: &rA>-32 1/2

115 Argon GM lnauleled GluaSftnglh Oblcure GlllllS FramD Protle Screen lndudad SaeenType Double pane Yee Annealed No Belleled Full Abergtus meeh Rall-form Des111n Prenure (OP) Rating Texas Dep1rtment of hlurlnco Approved UValue Meets CA. Forced En.-y Requlremenll Solar Heat Gain COeftldent (SHGC) ENERGY STAR Ca.ialllad Nollhem Zone ENERGY STAR Q.lalfted Nort!l'Central Zooe ENERGY STAR ~lllled SoulhlConlrel Zone 35 Yes 0.3 Yea 0.26 Yea Yea Y111 Balance Sysl8m Block and llldde ENERGY STAR Qualllled Soulhem Zone YH Tiiting Yea ~ - C 2015 Lowe's. Al rights reserved. LONe'a and the gable des9j ft regiatenid trademarks d LF, LLC

116 tkl.'. k lo Ouolc Date: 04/24/2015 LOWE'S HOME CENTERS, LLC # EAST I 7TH A VENUE HUTCIDNSON. KS 6750 I USA (620) Project#: Description: window &grid'i Customer Name: Customer Phone: Customer Address: TRACY METZGER 519 E. 41ST AVE HUTCHINSON, KS USA Lioeltem Frame Size Product Code Description Unit Price Quantity Total Price..-- -r r ,- - - '"' ~ ~ Manufacturer: Pella Windows & Patio Doors.:Replac~mcnt ~i~w Double pi~isi~~: Mili~~ ;.i; Hungs. ( *This pncc reflects a Product: Windows ' 15':~ OIT Promotion on SOS trype: Double Hungs Pella (R) :111 Windows & Patio Manufacturer: Pella Windows & Patio Doors ~Doors - 04/22/15 to ~atcrinl: Aluminum Clad Wood OS/05115*** Frame: Aluminum Clad Wood Frame l I )'nergy S""!Rl Qualifiod Products Only' Y«-1 would Hkc to I :View only the units that are qualified for Energy Star ( R). I ; rffi] ~ncrgy Star (R) Z.One: North Central L~ (Product Family: Renovation Product Configuration: Replacement Window I Room Location: Other I ~ning Type: Rough I LL- f.c1ual Frame Size Width: in.Actual Frame Si1.e Height: 53 1/2-in fits Opening Width: 32-in Fits Opening Height 54-in Exterior Color: White.. ~xlerior Paint Grade: Standard EnduraClad!ramhliner: Standard Jambliner iwood Type: Pine - Standard 1ntcrior Finish: Provincial!sash Lock: Standard ~ash Lift">: No Hardware Finish: White blazing: Advanced Low E Glass jf empered Glass: No High Altitude: No Pas Filled: Argon l ~a<;h Style: Even $ $762.67(

117 jaclual Grid Type: 1-1/4-in Colonial Wood Removable interior Grid Color: Provincial ( Exterior Grid Color: While tjrid Style: Traditional brid Location: Top and Bottom Sash ~itc Pattern: 3W2H fiberglass Insect Screen: Full Screen ~recn Color. White isc;reen Mesh: Vivid View ~erics: 850 Architect Series rm This Product Be Installed By Lowe's (R)'?: Not Inswllcd f3y Lowe-ft~ (R) ls This A Remake?: No I f-cad Time: 45?REFINISHED DISCLAIMER & WARRANTY: Stained and Paint color samples are produced as accurately as possible: however. actual colors may vary from batch. Because wood is fl natur-.11 product, each window will display its own personality Jwith regards to variation in color. texture and grain pattern. ratural wood variations include distinctive grain patterns or µnusual shadings in color. Due to the nature of using natural ~mducts. Pella Windows and Doors cannot be responsible for ihe actual degree of variation that may occur in your purchase. I iprcfinish services are covered under th~ standard labor iwarranty of 2 years from the date of sale. Labor for product pvcr 2 years will he chargeable. Item Number: l ~*'~This price reflect~ a 15~ Off Promotion on SOS Pella (R) Windows & Patio Doors - 04/22/J 5 to 05/05/15*< i flbis quote is good 04122/J 5 to 05/05/ :~ ~~ (t:~... ~-.. --,";?'!";;:.~""..::..:.:.:.::. --:"!... --:. ~. ~ :.!-.;.:..- :.:... ~".'.: -!""'-;..-,:. : ~ ::~ ~ "":"<" ~ Salesperson: ERIC BAILEY CS l 745EB I) Project Total: $ Accepted by: Date: Print this Page This Millwork Quote is valid until 4/ This is an estimate only. This estimate docs nol include tax or delivery charges. Delivery of all materials contnincd in lhis estimate arc subject to nvnilnbility from the manufacturer or supplier. All the above quantities. dimensions, specifications and accessories have heen verified and accepted.

118 The Vinyl Lie By Gary Kleier EXHIBIT E Every day unsuspecting owners of historic homes, believing they are actually making an investment in their home, succumb to the vicious lies of an unscrupulous industry. Unfortunately, most will never know it. Most will never see the immediate undermining of their property value or the long term destruction of the structure of their house. And what is this vicious lie? Vinyl siding. Vinyl siding installed over wood siding. And the most vicious lie is that it will improve the property value of an historic house. Debunking the lies Lie number one: Vinyl siding will increase the value of your home. As an architect involved in numerous historic restorations, I am frequently asked to evaluate an historic house prior to purchase. In virtually every case where vinyl siding has been used to cover original wood, the buyer wants to know the cost of having the vinyl removed and the original siding restored. In every case the same question comes up; "Why would they desecrate an historic house in this manner?" Increasingly people across America are understanding the value of our historic properties. Like antiques, the closer it is to original the higher is its value. Frequently, the buyer not only sees vinyl siding as decreasing the value of the house, but wants the seller to pay for its removal. This removal and repair of the original wood siding is normally as expensive as the original installation of the vinyl siding. Lie number two: Vinyl siding will make your house maintenance free. There is no such product! Every material, every installation requires maintenance! Vinyl siding installations require significant caulking, around windows, at comers, around doors, anywhere a "J" channel is used to terminate a run of siding. I have never seen a vinyl siding installation where caulking is installed in accordance with the manufacturer's instructions. Even the very best caulking, when improperly installed, will fail within a few years. And when it does, water will enter. Time to do some maintenance. Vinyl siding is secured to the house by a nail or staple driven through a tab. This tab is designed not only to hold the siding to the house, but to allow it to move as it expands and contracts with temperature. If the fastener is too tight, the siding may buckle in the heat or break in the cold. This will usually result in the siding coming off the house in a windstorm. This rarely happens immediately. Usually it occurs a year or two after the installation, and after the warranty has expired. In addition, since the higher areas of the house are subjected to more wind, that is where the damage is most likely to occur. More maintenance, and maintenance the average homeowner cannot do. Vinyl siding commercials will show you how the siding can withstand a blow from an object like a hammer. What they do not tell you is that the longer siding is on the house the more brittle it will become. Ten years later, that same piece of siding, exposed to the elements, may crack or even shatter under the same blow. A blow from a tree limb or from a ball and you have more maintenance. In short, vinyl siding is not maintenance free. Lie number three: You will never have to paint again. Maybe we shouldn't call this a lie. The truth is, you never can paint again. Even the best vinyl siding will fade. The deeper the color, the faster it will happen and the more noticeable it will be. In 10 to 15 years vinyl siding will show a significant change in color. Vinyl siding will also become dingy through an accumulation of dirt. Contrary to what the commercials would have you believe, we are talking about dirt that spraying with a garden hose will not remove. In ten to fifteen

119 years many home owners are dissatisfied with the dingy look of their siding and want to do something to restore it. (Sounds like maintenance, doesn't it?) Sorry folks, not a lot you can do. Scrubbing the siding with soap and water (not just spraying it) will help a little. While that is faster than painting, it is far less satisfactory. Painting, however, is totally out of the question. At this time there are no paint manufacturer's I am aware of that will guarantee their paint over vinyl siding. Within a few years the paint will begin to peal. By the way, if you do decide to wash your vinyl siding, never use a high pressure sprayer. The high water pressure may force water around the siding and through bad caulk joints into your house. Further, the high pressure may loosen the siding, or even remove whole sections that are already loose. Lie number four: Vinyl siding will save you money. In spite of what the manufacturers would have you believe, the life expectancy of a high-quality vinyl siding installation is approximately 20 to 30 years. The life expectancy of a high-quality, professional paint job is approximately 10 to 15 years. Since the vinyl siding installation will cost approximately twice that of painting, there is virtually no savings. Should you choose to remove the old vinyl siding at the end of its life, you now incur the cost of removal as well as the cost of the new installation. At this point painting has become far less expensive. Now that we've discussed what they do tell you, let's talk about what they don't tell you, and hope you will never discover. Destruction of details When you look at an historic frame house, you will notice a significant amount of detail. This may include moldings and brackets at the eaves, details in the siding such as fish scales or beaded edges, headers over windows and doors, and shadow lines at window and door trim. Virtually all of this is covered up when vinyl siding and vinyl eaves are added to a house. In addition, eave details such as brackets and moldings are frequently removed to facilitate the installation of the vinyl material. In short the installation of vinyl siding and eaves significantly reduces the character of the house. To the individuals seeking to purchase an historic home, the installation of vinyl siding and eaves has not improved the value of the house but rather has destroyed the character for which he/she is looking. Therefore, the value of the house has been significantly reduced. Destruction of Walls. In a typical historic house of wood frame construction a wall would normally be composed of the following: plaster on wood lath, the wood studs, exterior sheathing, and wood siding. While these materials may seem solid to us, water vapor easily moves through these materials and escapes from the house during the winter months. During the installation of vinyl siding a layer of styrene insulation board is applied over the wood siding, and the vinyl siding is applied to that. This insulation board forms an effective barrier to the passage of water vapor, thereby trapping it within the wall. During the winter months this water vapor will condense to liquid water and began rotting the wood materials. Over a period of years the structural integrity of the exterior walls can be completely destroyed. Further, the presence of deteriorating wood has been shown to attract termites and other wood attacking insects.

120 In summary, it is my opinion based on my experience as an architect that vinyl siding is not maintenance free, and it is not less expensive than painting. It is also my opinion that vinyl siding destroys the aesthetic quality of an historic house, and decreases its value, and can, over time, destroy the structural integrity of the house. Like many products, vinyl siding has a place. It works adequately in inexpensive new construction where proper precautions are taken to prevent water damage. However, when the industry tries to sell this product as a maintenance free improvement to older homes, they are doing the public a great disservice. And when it comes to historic homes, they are costing you money. Gary Kleier is the resident Old Louisville Architectural Conservator. He lives on Floral Terrace and is one of those folks who was instrumental in the landscaping and beautification of that little jewel of a walking court between Sixth and Seventh Streets. Gary specializes in restoration architecture and architectural forensic services and has a wide range of talents which are described on his own web site at This is reprinted with his permission.

121 INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: CITY COUNCIL JOHN DEARDOFF, CITY MANAGi:Y,er USE OF TRANSIENT GUEST TAX AGREEMENT-ATRIUM CONVENTION CENTER Background In July of 2004 the City of Hutchinson entered into a development agreement with HPA Associates to build a convention center attached to the Grand Prairie Hotel. On October 1, 2000 the City increased the transient gust tax (bed tax) form 4% to 7%. The City committed the first $150,000 of the 3% to support the Women's USGA golf tournament held in The balance of the accumulated funds were earmarked for the convention center project only. The Developer HP A agreed to construct a 38,000 sq. ft. convention center in addition to renovations to the existing hotel property. The City agreed to provide the Developer 100% of the 3% bed tax for a period of not more than 18 years. During the term of the agreement it was agreed that $11,100 of the 3% annual revenue would be deposited in a "sinking fund" controlled by the City for renovation expenditures on the Convention Center space only. The funds could only be used to pay a portion of the cost of renovations and major repair or replacement of equipment up to $100,000 for each 9 year period. Issue In 2008 after only a few years of full operation the hotel and convention center property fell into foreclosure. A group of banks held the debt on the property and continued to operate the facility through a hotel management contract. The property continued to struggle as promised room upgrades were never completed to the quality level expected resulting in the hotel not being able to provide consistent quality service needed to support the convention center. The property was eventually sold by the holding banks in 2014 to Joshua Joseph a hospitality investor with properties in Texas, Oklahoma and Kansas. Prior to the sale of the hotel, the City notified the financial institution holding the note and the prospective new owner that we would no longer be allocating the bed tax funds to the property as the agreement in place with HP A was no longer applicable. Over a period of several months in 2014 the City, Chamber and CVB officials met with the new ownership group to determine their development plans for the property. The City indicated that it would be interested in a agreeing to the dedication of the 3% bed tax long-term if the developer would consider demolition of some of the existing rooms and construction of a new tower hotel. After additional discussions on the new hotel addition the concept eventually disappeared due to the large investment needed.

122 The City did initiate continued discussions pertaining to how the developer might be able to continue using the dedicated bed tax funds towards maintenance and renovation of the convention center space. As discussions continued the parties began talking about a commitment of 2% of the 3% bed tax with the other 1 % of the bed tax being dedicated to other tourism related expenses as allowable under State statute. Fiscal The 3% bed tax generates approximately $275,000 annually. In years 2013 and 2014 we saw a large increase in bed tax receipts resulting from the 2013 hail storm. Since the termination of the agreement with HPA the bed tax (3%) fund has an accumulation of just over $300,000 along with an additional $55,500 in the sinking fund ($11,500 annually). The following is an accounting as to the amount of funds generated over the past 5 years $ 225, , , , ,768 Agreement Terms Under the terms of the proposed agreement the City will: 1. City will make available 2% of the Transient Guest Tax for projects which involve the renovation and improvement of the Convention Center space. 2. All projects would be specifically approved in advance by the City. 3. Owner shall present the City each of its renovation and improvement projects individually for advanced approval prior to entering into an agreement with the respective contractor, supplier or manufacturer of the project. 4. The information should include the estimated costs, timetable for completion, competitive bidding process, efforts to utilize local contractors and suppliers if feasible. 5. The owner is responsible for payment to the contractor, supplier or manufacturer and will make payment direct to all parties. 6. Owner can seek reimbursement from City for all projects approved in advance by the City to the extent that funds are available from the 2% Transient Guest Tax 7. Duration of the agreement is 5 years. 8. City will have the ability to terminate the agreement should the owner fails to maintain the hotel and restaurant at a level necessary to provide consistent quality service needed to effectively support the convention center. 2

123 Alternatives 1. Approve the proposed agreement as presented for dedication of 2% of the bed tax money for convention center improvements and dedicate 1 % towards other tourism related projects or activities. 2. Dedicate the 3% bed tax to other projects or uses allowable by law 3. Direct staff to proceed with the elimination of the 3% dedicated Transient Guest Tax. Recommendation Staff would recommend approval of the agreement as presented dedicating 2% transient guest tax towards improvements and renovations of the convention center as outlined and redirect the remaining 1 % towards tourism related projects or activities as determined by the City Council. 3

124 OWNER'S AGREEMENT FOR THE RENOVATION OF THE CONVENTION CENTER HUTCHINSON, KANSAS THIS OWNER'S AGREEMENT FOR THE RENOVATION OF THE CONVENTION CENTER ("The Agreement") is made and entered into this day of, 2015, by and between HUTCH JOSEPH INVESTMENTS, LLC d/b/a Atrium Hotel and Convention Center, a Kansas Limited Liability Company ("Owner"), and the CITY OF HUTCHINSON, KANSAS, a Kansas municipal corporation ("City"). RECITALS WHEREAS, Hutch Joseph Investments, LLC, is the owner of those lands and improvements commonly known as the Atrium Hotel and Convention Center located at 1400 North Lorraine in Hutchinson, Kansas which premises is more specifically set forth on Exhibit A annexed hereto, which includes a schematic sketch of the Convention Center complex; WHEREAS, a Convention Center complex of approximately thirty-eight thousand (38,000) square feet of meeting and exhibit space attached to the hotel was built with the cooperation, assistance and support of the City with transient guest tax revenues; WHEREAS, Owner desires to make renovations and improvements to the existing Convention Center and seeks financial and other assistance and support from the City for that purpose; WHEREAS, the City has previously enacted and implemented a transient guest tax totaling seven percent (7%) imposed on all hotel/motel guests within the City, with four percent (4%) of the proceeds provided to the Greater Hutchinson ConventionNisitors Bureau (CVB) for budgetary, marketing and promotional items to benefit commerce within the City; and one percent (1 %) for such other purposes consistent with the requirements of K.S.A , et. seq.; WHEREAS, City will make available the remaining Two Percent (2%) Transient Guest Tax ("Two Percent (2%) Transient Guest Tax"), except for the State's administrative charge, for projects for the renovation and improvement of the Convention Center which are specifically approved in advance by the City; and WHEREAS, the Owner and the City desire to reach an agreement as to their respective obligations in regard to the renovation and improvement of the Convention Center, subject to modification hereof by future agreement of the parties. 1

125 NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: ARTICLE I Owner's Financial Commitment 1. Owner shall present to City each of its renovation and improvement projects to the Convention Center individually for advance approval by City prior to entering into an agreement with the respective contractor, supplier or manufacturer for said project Owner shall provide the following information for each proposed renovation or improvement: a. Identification of the specific improvement or renovation to the Convention Center including any design, plan or schematic representation. b. The estimated cost of the specific improvement or renovation. c. The timetable for completion of the renovation or improvement by Owner. d. The competitive bidding process to be utilized forthe selection of the contractor, supplier or manufacturer as appropriate. e. Owner's efforts to utilize local contractors, suppliers or manufacturers for the specific improvement or renovation. f. All information or documentation requested by City staff for the evaluation of the proposed specific improvement or renovation Owner shall remain responsible for the payment to any contractor, supplier or manufacturer, as applicable, with which owner has contracted for improvements or renovations to the Convention Center. Owner will make payment directly to all parties with which Owner has contracted for renovation or improvements to the Convention Center. Owner then may seek reimbursement from City for all projects approved in advance by City to the extent that funds are available from the Two Percent (2%) Transient Guest Tax. ARTICLE II City's Financial Commitment 2. Upon submission of the specific project for the renovation or improvement of the Convention Center by Owner to City, City staff will review the proposal to determine necessity, reasonableness of cost and lawful use of transient guest tax funds for the 2

126 proposed renovation or improvement. For the purposes of this agreement, the City Manager of the City of Hutchinson is authorized to approve or deny the proposed renovation or improvement to the Convention Center without further action by the Hutchinson City Council Upon receiving approval by City, Owner may enter into an agreement with the respective contractor, supplier or manufacturer for the proposed project for renovation or improvement to the Convention Center Upon completion of the project for renovation or improvement by the Owner and payment in full of said obligation, Owner may seek reimbursement of the costs of said approved renovation or improvement by presenting proof of payment to the respective contractor, supplier or manufacturer to City staff To the extent that Two Percent (2%) Transient Guest Tax proceeds are available for payment, reimbursement shall be made by City to Owner for the amount of the approved project for renovation or improvement of the Convention Center. In the event that Two Percent (2%) Transient Guest Tax proceeds in a sufficient amount to reimburse the approved project are not available, as future Two Percent (2%) Transient Guest Tax proceeds are received, said funds shall be used to satisfy the remainder of the reimbursements necessary for the approved project In no event, shall City be responsible to pay Owner any amount in excess of the Two Percent (2%) Transient Guest Tax proceeds for approved projects Owner acknowledges that said transient guest taxes are collected by the State of Kansas and remitted to the City minus the State's administrative charge during the quarter period following the end of the quarter in which the tax is collected Should the Two Percent (2%) Transient Guest Tax approved or collected by the City be rescinded or amended in any way by the Hutchinson City Council, this agreement shall terminate and City shall have no further obligation to Owner In the event that Owner changes management control of the Convention Center, further payments of the Two Percent (2%) Transient Guest Tax as described herein will be contingent upon the approval of the Hutchinson City Council. 3

127 ARTICLE Ill Adverse Occurrences 3. The occurrence of the following shall give the City the right to cancel and terminate this agreement: 3.1. Owner's failure to meet the provisions stated in this agreement Owner's failure to meet all timelines as provided for in this agreement Owner's failure to pay special assessments Owner's failure to pay any real estate taxes and assessments levied against the property of the Convention Center and to remain fully current in its real property tax obligations for the restaurant, hotel and Convention Center Owner's failure to remain current in the payment of its non-disputed accounts payable for the hotel and/or the Convention Center to the extent that the total accounts payable, cumulative, aged ninety (90) days or more, exceeds the sum of $10, Prior to canceling or terminating this agreement, the City shall serve notice upon the Owner, specifying the accounts payable in question. Thereupon the Owner shall have fourteen (14) days to either pay the accounts or provide the basis for the dispute of the accounts. hotel. 3.6 Owner's failure to complete its current upgrade and renovation of the 3. 7 Owner's failure to maintain the hotel and restaurant at a level necessary to provide consistent quality service needed to effectively support the Convention Center Owner's operations of the hotel and/or the Convention Center cease. Upon the occurrence of the above-stated events in paragraphs 3.1 through 3.8, the City shall provide written notice of such default to the Owner, and may thereafter cancel and terminate this agreement if the Owner fails to cure said default within thirty (30) days from the date of said written notice. Upon said cancellation by the City, this agreement shall be of no further force and effect and neither party hereto shall have recourse against the other. After said thirty (30) day notice period there is no obligation for the City to continue paying the Two Percent (2%) Transient Guest Tax unless directed to do so by the City Council In the event that the City or the Owner fails to comply with any of its duties or obligations set forth in this agreement, each party shall have such rights and remedies as are available to it at law or in equity, including, without limitations, 4

128 a suit for damages, specific performance or injunctive relief, all of such rights or remedies being cumulative and not to the exclusion of any other right or remedy. However, if the City's failure to meet any performance deadline is due to an occurrence or condition beyond the City's control, despite reasonable diligence therefore by the City, then the City's deadlines for performance of its obligations and duties hereunder shall be extended accordingly. All subsequent deadlines of the Owner shall also be extended accordingly. ARTICLE IV General Provisions 4.1. Time of Essence: Time is of the essence in the performance of the parties' respective obligations under this agreement. The City and the Owner will make every reasonable effort to expedite the subject matters hereof and they acknowledge that the successful performance of this agreement requires their continued cooperation Amendment: This agreement, and any exhibits attached hereto, may be amended only by the mutual written consent of the parties, by the adoption of an ordinance or resolution of the City approving said amendment, as provided by law and by the execution of said amendment by the parties or their successors in interest No Other Agreement: Except as otherwise expressly provided herein, this agreement supersedes any prior agreement whether written or oral, negotiations and discussions relative to this subject matter Assigns and Transfers: Owner may not assign this agreement without the prior written consent of the City Severability: If any provisions, covenants, agreement or portion of this agreement, or its application to any person, entity or property, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this Agreement and, to that end, any provisions, covenants, agreements or portions of this Agreement are declared to be severable Kansas Law: This agreement shall be construed in accordance with the laws of the State of Kansas Cash Basis Law: The City shall not be obligated to make any payments to the contractor by the terms of this contract except those payments that can lawfully be made from funds budgeted and appropriated for the purpose during the City's current budget year or from funds made available from any lawfully operated revenue producing source. 5

129 4.8. Notice: All notices and requests required pursuant to this agreement shall be in writing and shall be sent as follows: To the Owner: To the City: Hutch Joseph Investments, LLC d/b/a Atrium Hotel and Convention Center ATTN: Joshua Joseph 1400 N. Lorraine Hutchinson, KS City Manager City of Hutchinson P. 0. Box 1567 Hutchinson, KS (fax) or at such other address as the parties may indicate in writing to the other either by personal delivery, courier, facsimile and mail or by registered mail return receipt requested, with proof of delivery thereof. Mailed notices shall be deemed effective on the third day after mailing, all other notices shall be effective when delivered. 4.9 Counterparts: This agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement Construction: The language in all parts of this agreement shall in all respects be construed as a whole according to its fair meaning and consistent with the expressed purposes of this agreement, and, as the provisions of this agreement were negotiated and are deemed to have been drafted by all parties hereto, shall not be strictly construed either for or against any party. ARTICLE V TERM OF AGREEMENT 5. This Agreement shall terminate five (5) years from the date of its execution unless the parties mutually agree to an extension. IN WITNESS WHEREOF, the Owner and the City have duly executed this agreement pursuant to all requisite authorizations as of the date first above written. 6

130 CITY OF HUTCHINSON a Kansas municipal corporation Jade Piros de Carvalho, Mayor ATTEST: Karen Weltmer, City Clerk HUTCHJOSEPHINVESTMENTS,LLC d/b/a Atrium Hotel and Convention Center By: By:. President 7

131 EXHIBIT A ATRIUM HOTEL AND CONFERENCE CENTER 1400 NORTH LORRAINE HUTCHINSON, KANSAS DESCRIPTION OF PREMISES AND SCHEMATIC DRAWING OF TOTAL CONVENTION CENTER The following includes the land area for the Convention Center and the hotel and other structures owned by Hutch Joseph Investments, LLC, all located on the property at 1400 North Lorraine described as: A tract of land in the Northwest Quarter of Section 8, Township 23 South, Range 5 West of the 5th P.M., Reno County, Kansas, described as follows: Commencing at the Southwest corner of the Northwest Quarter of Section 8, Township 23 South, Range 5 West of the 5th Principal Meridian; thence North along the West line of said Northwest Quarter feet; thence with a deflection angle 89 59'17" right-east feet to the East right-of-way line of Lorraine Street for the point of beginning; thence with a deflection angle 89 59'17" left-north parallel with the West line of said Northwest Quarter and along the East right-of-way line of Lorraine Street feet to the South line of Leisure Estates, a subdivision in the Northwest Quarter of Section 8, Township 23 South, Range 5 West of the 5th Principal Meridian in Hutchinson, Reno County, Kansas, said point being feet East of the Southwest corner of said Leisure Estates; thence with a deflection angle 89 35'05" right-east parallel with the North line of said Northwest Quarter and along the South line of said Leisure Estates feet; thence with a deflection angle 89 35'05" left-north parallel with the West line of said Northwest Quarter and along the Southerly line of said Leisure Estates feet; thence with a deflection angle 89 35'05" right-east parallel with the North line of said Northwest Quarter and along the South line of said Leisure Estates feet; thence with a deflection angle 90 24'55" right-south parallel with the West line of said Northwest Quarter and along the Southerly line of said Leisure Estates and the extensions thereof feet to the Northerly right-of-way line of K-51 Highway; thence with a deflection angle 51 29'34" right-southwesterly along the Northerly right-of-way line of K-51 Highway feet; thence with a deflection angle of 38 29'42" right-west feet to the point of beginning. According to the Reno County Tax Rolls, the above land is commonly known as: 1400 North Lorraine Street, Hutchinson, Kansas 57501

132 reinventing convention. Ideal for trade shows, exhibitions, wedding and private parties, our 33,000 square foot convention center complex is reinventing convention. The Atrium Hotel & Conference l~l~l~j!i!l~l~l~i~ "3 'Jilil~lilifili~~ ~ 341 J H~1~i~i~1~1~1 ~: Center can accommodate any size group, from small business meetings to national trade shows. ~rium #otel ~ ~nference enter Endeavor I 58 x Endeavor IA 29 x Endeavor IB 29 x Endeavor II 58 x x x x x x Theater Classroom Banquet (Round) (U-Shape) (10'x10') Exhibits Ambassador 30 x Mercu 33 x Gemini Board Room 20 x Grand Slam Private Dinin 29 x Odyssey Atrium - 6, 100 square feet Atrium Hotel guest rooms including suites and kids rooms

133 FOR MEETING OF AGENDA ITEM FOR ACTION lnformatlon ONLY CITY OF HUTCHINSON CITY MANAGER'S OFFICE MEMORANDUM TO: FROM: CC: John Deardoff, City Manager ~~ Meryl Dye, Assistant City Mgr. ~- Frank Edwards, Finance Director DATE: May 7, 2015 SUBJECT: Special Alcohol Fund Awards for 2016 BACKGROUND State statute requires the City to expend one-third of liquor drink tax funds for the purchase, establishment, maintenance or expansion of services or programs whose principal purpose is alcoholism and drug abuse prevention and education, detoxification, intervention, or treatment of persons who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug abusers. The agencies awarded Special Alcohol funds build their programs and services using effective approaches that are supported by data and research to assure successful outcomes. Also, each of these agencies are engaged in collaborative relationships with one another, thus providing an effective "wraparound" approach to service delivery in our community. Below is a description of each agency's program and funding request for 2016: Big Brothers and Big Sisters is primarily a prevention program with the goal of helping at-risk children between age 5 and 17 avoid drugs, alcohol, delinquency, and education failure by matching children into one-on-one mentoring relationships with carefully screened and caring volunteers. BBBS requests funds in the amount of $10,000 for 2016 to continue for operational and programming costs, and to train staff, volunteers and children. BBBS receives the majority of its funds from private donations, but also receives funds through fund raising events and grants. Boys and Girls Club of Hutchinson provides a compelling alternative to youth crime, gang membership, drugs, alcohol and other negative influences through its daily programs for over 400 children at their local facilities, including character and leadership development, education, technology and career development, health and life skills, arts and sports, and fitness and recreation. Members attend clubs located at Faris Elementary and Avenue A Elementary schools. At each club, children are provided the SMART Moves programs which are designed to prevent drug and alcohol use through targeted education, prevention, mentoring and boosting Page 1 of 3

134 self-esteem. This is a nationally acclaimed comprehensive prevention program that includes several components and encourages collaborations among club staff, youth, parents, and representatives from other community organizations. Boys and Girls Club requests $22,500 for 2016 to continue the SMART Moves program at all locations and provide a program director. Communities That Care targets families and students age in several area school districts to provide tutoring, life skills and strengthening families programs to address risk factors that can lead to substance abuse as well as other problem behaviors. CTC uses a systems approach to address known risk factors that can lead to alcohol and drug use in youth by employing comprehensive, community strategies that are tested and proved effective. CTC requests funds in the amount of $20,000 for 2016 to support youth substance abuse prevention programs: Above the Influence, Life of an Athlete, Environmental Strategies to reduce alcohol and drug use among youth, CTC Youth Leadership, Strengthening Families and School-Based Mentoring. Reno County Drug Court (Reno County Community Corrections) provides intensive supervision to substance abusing/addicted offenders who otherwise face prison. A Drug Court Team comprised of law enforcement, court services, corrections, mental health, substance abuse treatment, and other professionals from community-based agencies work together in determining and monitoring treatment options for clients. Because the Drug Court is part of the criminal justice system, clients are entitled to legal representation. The Reno County Drug Court requests $22,500 in 2016 to cover costs for a defense attorney and contracted services for assessments, treatment and aftercare. RECOMMENDATION Beginning in 2006, a Special Alcohol Fund Committee was established to review funding proposals from local agencies. The Committee is comprised of Richard Wickliffe, retired Hutchinson Police Captain; Paul W. Brown, City Attorney; Cathy Nisly, City Probation Officer; Linda Ojeda, City Legal Staff Aide (formerly Diversion Coordinator); and Meryl Dye, Assistant City Manager. The Committee decided to not interview requesting agency's this year since we are familiar with each of their programs and because the total dollar amount of requests is less than expected revenues for the Special Alcohol Program Fund. Also, agencies making requests for 2016 asked for about the same amount of funds as awards granted for Therefore, the Committee recommends awards in the amount of the request of each agency. Agency Funding Requests Committee Recommends 2016 Big Brothers Big Sisters 10,000 Boys & Girls Club 22,500 Communities That Care 20,000 Reno Co. Comm. Corrections (Drug Court} 22,500 Total $75,000 ========= Page 2 of 3

135 FISCAL IMPACT Below is a summary of the receipts and expenditures of the Special Alcohol Program Fund with actual figures for 2014, and budget estimates for 2015 and At the end of 2014 a carry-over of $9,329 became the beginning balance in Revenue for 2015 is estimated at $90,816. Expenditures for the revised 2015 budget are set at $89,980. Therefore, an ending balance of $10,165 is estimated for 2015, which will be carried over as a beginning balance for Receipts in 2016 are estimated at $90,000. The beginning balance of $10,165 plus estimated receipts of $90,000 brings the total estimated revenues in 2016 to $100,165. The Committee's recommendation for agency awards in 2015 is set at $75,000, leaving an estimated $25,165 as carry-over to Actual 2014 Current Year Budgeted Revised Proposed Budget 2016 Cash Receipts (State private clubs liquor tax) $92,864 $90,816 $90,816 $90,000 Expenditures 90,661 89,980 89,980 75,000 Receipts Over (Under) Expenditures ,000 Unencumbered Cash, Beginning 7,126 6,465 9,329 $10,165 Unencumbered Cash, Ending $9,329 $0 $10,165 $25,165 MOTION To (approve/reject) the Special Alcohol Program Fund Committee's recommendation on agency awards for Page 3 of 3

136 COUNCIL COMMUNICATION FOR MEETING OF AGENDA ITEM FOR ACTION INFORMATION ONLY Date: May 13, 2015 To: John Deardoff City Manager From: Jeff Peterson, P.E., Senior Civil Engineer Subject: Well #17 to Well #13 Raw Waterline Extension Consultant Agreement with BG Consultants Background: City staff proposed the design and construction of a raw waterline between Municipal Well #17 and Well #13. The proposed raw waterline would be located primarily located on west 30 1 h Avenue. A project map is included with this memo. This project was originally included in the 2013 Capital Improvement Program(CIP) for the water utility. The Benefits of the project are noted below: The proposed raw waterline will provide redundancy for the water supply from 13 municipal wells to the Reverse Osmosis treatment facility located at 23rd and Severence. The proposed main will allow uninterrupted service in the event that one of the raw water mains is taken out of service for either maintenance or repair. Issue: Requests for qualifications for design services for the proposed Raw Waterline Extension were sent to 3 engineering firms. These firms were selected due to their familiarity with the City of Hutchinson water system. The City selection committee reviewed the proposals and selected BG Consultants Inc. for the proposed project design and construction administration/observation services. Following selection the design contract was negotiated for the proposed work. Fiscal Impacts: The cost of this design contract will be funded by Water Utility CIP funds. Recommendation: It is recommended that the Council Approve the proposed contract with BG Consultants, Inc. for engineering services associated with the proposed Raw Waterline Extension between Well #17 and Well #13. The design services portion of the contract will be billed at hourly rates with a not to exceed limit of $72,000 for design services. Construction administration/observation services will be billed at hourly rates denoted in the contract.

137 -s.~ Proposed Raw Water Main Extension u~w---c~ 1. ~1 ~ P J.-; t. ~1 -~ 1-,v-.1-.i-. -.~., c::m-=:==::::j -Feet

138 AGREEMENT CONSUL TANT-CLIENT THIS AGREEMENT made and entered into by and between BG CONSULT ANTS, INC., party of the first part, (hereinafter called the CONSULTANT), and THE CITY OF HUTCHINSON, KANSAS, party of the second part, (hereinafter called the CLIENT). WITNESSETH: WHEREAS, the CLIENT is authorized and empowered to contract with the CONSULT ANT for the purpose of obtaining Services for the following improvement: WELL # 17 TO WELL # 13 RAW WATERLINE EXTENSION ALONG 30 AVENUE CITY PROJECT NUMBER WHEREAS, the CONSULT ANT is licensed in accordance with the laws of the State of Kansas and is qualified to perform the Professional Services desired by the CLIENT now therefore: IT IS AGREED by and between the two parties aforesaid as follows: SECTION I - DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed herein unless otherwise stated or reasonably required by this Contract, and other forms of any defined words shall have a meaning parallel thereto. 1.1 "Additional Services" means any Services requested by the CLIENT which are not covered by Exhibit I of this Agreement. 1.2 "Agreement" means this Contract and includes change orders issued in writing. 1.3 "CLIENT" or "Client" means the agency, business or person identified on page 1 as CLIENT and is responsible for ordering and payment for work on this Project. 1.4 "CONSULT ANT" or "Consultant" means the company identified on page 1. CONSULT ANT shall employ for the services rendered, Engineers, Architects and Surveyors licensed, as applicable, by the Kansas State Board of Technical Professions. 1.5 "Contract Documents" means those documents so identified in the Agreement for this Project, including Engineering, Architectural and/or Survey documents under this Agreement. Terms defined in General Conditions shall have the same meaning when used in this Agreement unless otherwise specifically stated or in the case of a conflict in which case the definition used in this Agreement shall prevail in the interpretation of this Agreement. 1.6 "Engineering Documents" or "Architectural Documents" or "Survey Documents" means plans, specifications, reports, drawings, tracings, designs, calculations, computer models, sketches, notes, memorandums or correspondence related to the work described in Exhibit I attached hereto. 1.7 "Consulting Services" or "Engineering Services" or "Architectural Services" or "Survey Services" means the professional services, labor, materials, supplies, testing and other acts or duties required of the CONSULT ANT under this Agreement, together with Additional Services as CLIENT may request and evidenced by a supplemental Agreement pursuant to the terms of this Agreement. BG-Cons/Client-NTE-Rev Aug 13.1 Page I of 12

139 1.8 "Services" is a description of the required work as shown in Exhibit "Subsurface Borings and Testing" means borings, probings and subsurface explorations, laboratory tests and inspection of samples, materials and equipment; and appropriate professional interpretations of all the foregoing. SECTION 2 - RESPONSIBILITIES OF CONSULT ANT 2.1 SCOPE OF SERVICES: The CONSULTANT shall furnish and perform the various Professional Services of the Project to which this Agreement applies, as specifically provided in Exhibit 1 for the completion of the Project. 2.2 GENERAL DUTIES AND RESPONSIBILITIES Personnel: The CONSULT ANT shall assign qualified personnel to perform professional Services concerning the Project. At the time of execution of this Agreement, the parties anticipate that the following individual will perform as the principal point of contact on this Project. Name: Address: SID ARPIN, P.E. 900 E R A VENUE HUTCHINSON, KS Phone: Standard of Care: In the performance of professional Services, CONSULT ANT will use that level of care and skill ordinarily exercised by reputable members of CONSULT ANT's profession currently practicing in the same locality under similar conditions. No other representation, guarantee or warranty, express or implied, is included or intended in this Agreement or in any communication (oral or written) report, opinion, document or instrument of service Independent Contractor: The CONSULTANT is an independent contractor and as such is not an employee of the CLIENT Insurance: CONSUL TANT will maintain insurance for this Agreement in the following types: (i) worker's compensation insurance as required by applicable law, (ii) comprehensive general liability insurance (CGL), (iii) automobile liability insurance for bodily injury and property damage and (iv) Professional liability insurance Subsurface Borings and Material Testing: If tests additional to those provided in Exhibit 1 are necessary for design, the CONSULT ANT shall prepare a request for the necessary additional borings and procure at least two (2) proposals, including cost, from Geotechnical firms who engage in providing Subsurface Borings and Testing Services. The CONSULT ANT will provide this information to the CLIENT and the CLIENT will contract directly with the Geotechnical firm. The CONSULT ANT will not charge an add-on percentage for the Geotechnical firm's work. The CLIENT will pay the Geotechnical firm separately from this Agreement Service by and Payment to Others: Any work authorized in writing by the Client and performed by a third party, other than the CONSULT ANT or their subconsultants in connection with the proposed Project, shall be contracted for and paid for by the CLIENT directly to the third party or parties. Fees for extra work shall be subject to negotiation between the CLIENT and the third party. Fees shall be approved by the CLIENT prior to the execution of any extra work. Although the CONSULT ANT may assist the CLIENT in procuring such Services of third parties, the CONSULT ANT shall in no way be liable to either the CLIENT or such third parties in any manner whatsoever for such Services or for payment thereof. BG-Cons/Client-NTE-Rev Aug 13.1 Page 2of12

140 Subcontracting of Service: The CONSUL TANT shall not subcontract or assign any of the Architectural, Engineering, Surveying or consulting Services to be performed under this Agreement without first obtaining the approval of the CLIENT regarding the Services to be subcontracted or assigned and the firm or person proposed to perform the Services. Neither the CLIENT nor the CONSULT ANT shall assign any rights or duties under this Agreement without the prior consent of the other party Endorsement: The CONSULT ANT shall sign and seal Final Plans, Specifications, Estimates and Data furnished by the CONSULT ANT according to Kansas Statutes and Rules and Regulations Force Majeure: Should performance of Services by CONSULTANT be affected by causes beyond its reasonable control, Force Majeure results. Force Majeure includes, but is not restricted to, acts of God; acts of a legislative, administrative or judicial entity; acts of Contractors other than Contractors engaged directly by CONSULT ANT; fires; floods; labor disturbances; epidemics; and unusually severe weather. CONSULT ANT will be granted a time extension and the parties will negotiate an equitable adjustment to the price of any affected Work Order, where appropriate, based upon the effect of the Force Majeure on performance by CONSUL TANT Professional Responsibility: The CONSULT ANT will exercise reasonable skill, care and diligence in the performance of its Services as is ordinarily possessed and exercised by a licensed professional performing the same Services under similar circumstances Inspection of Documents: The CONSULT ANT shall maintain Project records for inspection by the CLIENT during the Contract period and for three (3) years from the date of final payment. SECTION 3 - CLIENT RESPONSIBILITIES 3.1 GENERAL DUTIES AND RESPONSIBILITIES Communication: The CLIENT shall provide to the Consultant information and criteria regarding the CLIENT's requirement for the Project; examine and respond in a timely manner to the Consultant's submissions and give notice to the Consultant whenever the CLIENT observes or otherwise becomes aware of any defect in the Services Access: The CLIENT will provide access agreements for the CONSULTANT to enter public and private property when necessary Duties: The CLIENT shall furnish and perform the various duties and Services in all phases of the Project which are outlined and designated in Exhibit I as the CLIENT's responsibility Program and Budget: The CLIENT shall provide full information stating the CLIENT's objectives, schedule, budget with reasonable contingencies and necessary design criteria so that CONSULT ANT is able to fully understand the project requirements Testing: Any additional tests required to supplement the Scope of Services or tests required by law shall be furnished by the CLIENT Legal, Insurance, Audit: The CLIENT shall furnish all legal, accounting and insurance counseling Services as may be necessary at any time for the Project. The CLIENT shall furnish all bond forms required for the Project Project Representative: The CLIENT will assign the person indicated below to represent the CLIENT in coordinating this Project with the CONSULT ANT, with authority to transmit instructions and define policies and decisions of the CLIENT. BG-Cons/Client-NTE-Rev Aug 13.1 Page 3of12

141 Name: BRIAN CLENNAN, P.E. Address: P.O. BOX 1567 HUTCHINSON, KS Phone: SECTION 4 - PAYMENT 4.1 COMPENSATION Maximum Total Fee and Expense: The CLIENT agrees to pay the CONSULTANT a fee based on the actual hours expended on the Project at the rates indicated in the attached Fee Schedule; Exhibit 2 and the actual reimbursable expenses pennitted under this Agreement and incurred on the Project, but not to exceed a maximum fee of SEVENTY-TWO THOUSAND & N0/100 ($72,000.00) Dollars. This fee is based on the scope of Services outlined in Exhibit I of this Agreement and shall be completed according to the schedule as shown in Exhibit 2. Payment is due within thirty (30) days of billing by the CONSULT ANT and any late payment will incur an interest charge of one and one-half ( 1 Yz) percent per month Hourly Rate: Any Additional Services which are not set forth in this Agreement will be charged on the basis of BG Consultants, Inc. standard hourly rate schedule in effect at the time of services, unless stated otherwise in a properly executed addendum to this contract for Additional Services. No Additional Services or costs shall be incurred without proper written authorization of the CLIENT Annual Rate Adjustment: The payment amounts listed in this Agreement are based on the work being perfonned within one (I) year of the Contract date. Because of natural time delays that may be encountered in the administration and work to be perfonned for the Project, each value will be increased at the rate of three (3) percent, compounded annually, beginning after one (one) year from the date of the Contract and ending when that item is approved for billing Reimbursable Expenses: An estimate of reimbursable expenses shall be included in the total estimate of cost for this Project and as shown in Exhibit 2. Total estimated cost is calculated as Lump Sum. Expenses compensated for in the Lump Sum Fee include, but are not limited to, expenses of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; expenses of printing and reproductions; postage; expenses of renderings and models requested by the CLIENT and other costs as authorized by the CLIENT Sales Tax: Compensation as provided for herein is exclusive of any sales, use or similar tax imposed by taxing jurisdictions on any amount of compensation, fees or Services. Should such taxes be imposed, the CLIENT shall reimburse the CONSUL TANT in addition to the contractual amounts provided. The CLIENT shall provide tax exempt number, if required, and ifrequested by the CONSULT ANT Billing: CONSULT ANT shall bill the CLIENT monthly for services and reimbursable expenses according to Exhibit 2. The bill submitted by CONSULT ANT shall state the services and reimbursable expenses for which payment is requested, notwithstanding any claim for interest or penalty claimed in a CONSUL TANT's invoice. The CLIENT agrees to pay the CONSULTANT within ten (I 0) days of approval by the governing body Timing of Services: CONSULTANT will perfonn the Services in a timely manner according to Exhibit 2. However, if during their performance, for reasons beyond the control of the CONSUL TANT, delays occur, the parties agree that they will negotiate in writing an equitable adjustment of time and compensation, taking in to consideration the impact of such delays. BG-Cons/Client-NTE-Rev Aug 13.1 Page 4of12

142 Change in Scope: For modifications in authorized Scope of Services or Project Scope and/or Modifications of Drawings and/or Specifications previously accepted by the CLIENT, when requested by the CLIENT and through no fault of the CONSULT ANT, the CONSULT ANT shall be compensated for time and expense required to incorporate such modifications at CONSULT ANT's standard hourly rates. Provided, however, that any increase in Contract price or Contract time must be requested by the CONSULT ANT and must be approved through a written Supplemental Agreement prior to performing such Services. CONSULT ANT shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due to CONSULT ANT's negligence, error or omission Additional Services: The CONSULTANT shall provide, with the CLIENT's concurrence, Services in addition to those listed in Exhibit 1 when such Services are requested in writing by the CLIENT. Prior to providing Additional Services, the CONSULT ANT will submit a proposal outlining the Additional Services to be provided, and an hourly or lump sum fee adjustment. Payment to the CONSULTANT, as compensation for these Additional Services, shall be in accordance with the mutually agreed adjustment to the CONSULT ANT's fee. Reimbursable expenses incurred in conjunction with Additional Services shall be paid separately and those reimbursable expenses shall be paid at cost plus ten (10) percent. Records of reimbursable expenses and expenses pertaining to Additional Services and Services performed on an hourly basis shall be made available to the CLIENT if so requested in writing. 4.1.I 0. Supplemental Agreement: This Agreement may be amended to provide for additions, deletions and revisions in the Services or to modify the terms and conditions thereof by written amendment signed by both parties. The contract price and contract time may only be changed by a written Supplemental Agreement approved by the CLIENT, unless it is the result of an emergency situation, in which case the CLIENT may give verbal, or facsimile approval which shall be the same as written and approved Supplemental Agreement. SECTION 5 - MUTUAL PROVISIONS 5.1 TERMINATION Notice: The CLIENT reserves the right to terminate this Agreement for either cause or for its convenience and without cause or default on the part of the CONSULTANT, by providing written notice of such termination to the CONSULT ANT. Such notice will be with twenty-four (24) hour's notice. Upon receipt of such notice from CLIENT, the CONSULT ANT shall, at CLIENT's option as contained in the notice; immediately cease all Services and meet with CLIENT to determine what Services shall be required of the CONSULT ANT in order to bring the Project to a reasonable termination in accordance with the request of the CLIENT. The CONSULT ANT shall also provide to the CLIENT digital and/or mylar copies of drawings and documents completed or partially completed at the date of termination. The CONSULT ANT is entitled to terminate this Agreement by providing thirty (30) days written notice Compensation for Convenience Termination: If CLIENT shall terminate for its convenience, as herein provided, CLIENT shall compensate CONSULT ANT for all Services completed to date prior to receipt of the termination notice Compensation for Default Termination: If the CLIENT shall terminate for cause or default on the part of the CONSULT ANT, the CLIENT shall compensate the CONSULT ANT for the reasonable cost of Services completed to date of its receipt of the termination notice. Compensation shall not include anticipatory profit or consequential damages, neither of which will be allowed. The CLIENT also retains all its rights and remedies against the CONSULT ANT, including, but not limited to, its rights to sue for damages, interest and attorney fees. BG-Cons/Client-NTE-Rev Aug 13.1 Page 5of12

143 Incomplete Documents: Neither the CONSULTANT, nor its subconsultant, shall be responsible for errors or omissions in documents which are incomplete as a result of an early termination under this section, the CONSULT ANT having been deprived of the opportunity to complete such documents and certify them as ready for construction and/or complete. 5.2 DISPUTE RESOLUTION If a claim, dispute or controversy arises out of or relates to the interpretation, application, enforcement or performance of Services under this Agreement, CONSULT ANT and CLIENT agree first to try in good faith to settle the dispute by negotiations between senior management of CONSULTANT and CLIENT. If such negotiations are unsuccessful, CONSULTANT and CLIENT agree to attempt to settle the dispute by good faith mediation. If the dispute cannot be settled through mediation, and unless otherwise mutually agreed, the dispute shall be settled by litigation in an appropriate court in Kansas. CLIENT and CONSUL TANT hereby waive the right to trial by jury for any disputes arising out of this Agreement. Except as otherwise provided herein, each party shall be responsible for its own legal costs and attorneys' fees. 5.3 OWNERSHIP OF INSTRUMENTS OF SERVICE 5.3. I. Reports, drawings, plans or other documents (or copies) furnished to CONSULT ANT by the CLIENT shall, at CLIENT's written request, be returned upon completion of the Services hereunder; provided, however that CONSULT ANT may retain one (I) copy of all such documents. Reports, Drawings, Plans, Documents, software, field notes and work product (or copies thereof) in any form prepared or furnished by CONSULT ANT under this Agreement are instruments of service. Exclusive ownership, copyright and title to all instruments of service remain with CONSULT ANT. CLIENT's right of use of instruments of service, if any, is limited to that use on the Project. The instruments of service are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Work or on any other Project. 5.4 INDEMNIFY AND HOLD HARMLESS CLIENT shall indemnify and save CONSUL TANT, its offices and employees harmless from and against any liability, claim, judgment, demand or cause of action arising out of or relating to: (i) CLIENT's breach of this Agreement; (ii) the negligent acts or omissions of CLIENT or its employees, contractors or agents; (iii) site access or damages to any surface or subterranean structures or any damage necessary for site access In addition, where the Services include preparation of plans and specifications and/or construction observation activities for CLIENT, CLIENT agrees to have its construction contractors agree in writing to indemnify and save harmless CONSULT ANT from and against loss, damage, injury, or liability attributable to personal injury or property damage arising out of or resulting from such Contractors' performance or nonperformance of their Work CONSUL TANT shall indemnify and save CLIENT and its employees and officials from loss to the extent caused or incurred as a result of the negligence, errors or omissions of the CONSULT ANT, its offices or employees in performance of Services pursuant to this Agreement. 5.5 ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties and supersedes all prior Agreements, whether oral or written, covering the same subject matter. This Agreement may not be modified or amended except in writing mutually agreed to and accepted by both parties to this Agreement. BG-Cons/Client-NTE-Rev Aug 13.1 Page 6of12

144 5.6 APPLICABLE LAW This Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with laws ofthe State of Kansas. 5.7 ASSIGNMENT OF AGREEMENT 5.7. l. This Agreement shall not be assigned or transferred by either the CONSULTANT or the CLIENT without the written consent of the other. 5.8 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create a contractual relationship with, or any rights in favor of, any third party. 5.9 LIMITATION OF LIABILITY 5.9. l. CLIENT's exclusive remedy for any alleged breach of CLIENT's standard of care hereunder shall be to require CONSULT ANT to re-perform any defective Services. Notwithstanding any other provision of this Agreement, the total liability of CONSULTANT, its officers, directors and employees for liabilities, claims, judgments, demands and causes of action arising under or related to this Agreement, whether based in Contract or tort, shall be limited to the total compensation actually paid to CONSULT ANT for the Services. All claims by CLIENT shall be deemed relinquished unless filed within one (!) year after completion of the Services CLIENT agrees that any claim for damages filed against CONSULTANT by CLIENT or any Contractor or subcontractor hired directly or indirectly by CLIENT will be filed solely against CONSULT ANT or its successors or assigns and that no individual person shall be made personally liable for damages in whole or in part CONSULTANT and CLIENT shall not be responsible to each other for any special, incidental, indirect or consequential damages (including lost profits) incurred by either CONSUL TANT or CLIENT or for which either party may be liable to any third party, which damages have been or are occasioned by Services performed or reports prepared or other Work performed hereunder COMPLIANCE WITH LAWS CONSUL TANT shall abide by known applicable federal, state and local laws, ordinances and regulations applicable to this Project until the Consulting Services required by this Agreement are complete. CONSULT ANT shall secure occupational and professional licenses, permits, etc., from public and private sources necessary for the fulfillment of its obligations under this Agreement TITLES, SUBHEADS AND CAPITALIZATION l Titles and subheadings as used herein are provided only as a matter of convenience and shall have no legal bearing on the interpretation of any provision of the Agreement. Some terms are capitalized throughout the Agreement but the use of or failure to use capitals shall have no legal bearing on the interpretation of such terms SEVERABILITY CLAUSE Should any provision of this Agreement be determined to be void, invalid or unenforceable or illegal for whatever reason, such provisions shall be null and void; provided, however that the remaining provisions of this Agreement shall be unaffected hereby and shall continue to be valid and enforceable. BG-Cons/Client-NTE-Rev Aug 13.1 Page 7of12

145 5.13 FIELD REPRESENTATION I. Unless otherwise expressly agreed to in writing, CONSULT ANT shall not be responsible for the safety or direction of the means and methods at the Contractor's project site or their employees or agents, and the presence of CONSULT ANT at the project site will not relieve the Contractor of its responsibilities for performing the work in accordance with applicable regulations, or in accordance with Project Plans and Specifications. If necessary, CLIENT will advise any contractors that CONSULT ANT's Services are so limited. CONSULT ANT will not assume the role of "Prime Contractor", "Constructor", "Controlling Employer", "Supervisor" or their equivalents, unless the Scope of such Services are expressly agreed to in writing HAZARDOUS MATERIALS The CONSULTANT and the CONSULTANT's subconsultants shall have no responsibility for the discovery, presence, handling, removal or disposal or exposure of persons to hazardous materials in any form at the Project site AFFIRMATIVE ACTION The CONSULTANT agrees to comply with the provisions ofk.s.a in the Kansas Acts against Discrimination. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate this day of,2015. CONSULTANT: BG CONSULTANTS, INC. CLIENT: CITY OF HUTCHINSON By: By: Printed Name: Sid Arpin Printed Name: Title: Vice President Title: Mayor END OF CONSULTANT-CLIENT AGREEMENT BG-Cons/Client-NTE-Rev Aug 13. I Page 8 ofl2

146 EXHIBIT 1 SCOPE OF SERVICES I. Meet with City Staff to determine specific project needs and general project desires and obtain project information. General budget constraints and/or desires may be identified by Staff, along with other City Staff preferences or desires. 2. Perform Design Survey, as required, for identification of the area of work to be included. The survey will include identification of potential utility conflicts and approach for alignment conflicts along with information as may be required for waterline improvement design. Topographic features including but not limited to streets, curbs, trees, driveways, sidewalks, entrances, and utility locations and depth as provided by the utility companies or Dig Safe locates. 4. Prepare Waterline Improvement Plans on 24-inch by 36-inch plan sheets. Other items to be included will be Standard Details, Special Details and Traffic Control Plans where necessary. 7. Provide Estimates of Probable Construction costs during each phase of the design work. 8. Represent the project in a public meeting with area property owners that may be affected by the project. A preliminary layout will be provided which will show the proposed location of improvements. The CONSULT ANT will meet with citizens to hear any concerns they might have and to discuss construction sequencing and traffic control. 9. Assemble Specifications and Contract Documents and prepare supplemental technical provisions as they apply to this Project. This information will be submitted with Preliminary Plans and Specifications for review. I 0. Receive CITY comments and make any necessary revisions to the Plans and Specifications and submit Final Plans and Specifications with an updated construction cost estimate. Two (2) sets of Final Plans (full-sized) and two (2) sets offinal Plans (half-sized) will be provided to the CITY. 11. Prepare and submit permit(s) required by KDHE (NOi & Public Water Supply), and notify agencies required for environmental clearances for the Project, along with addressing any agency comments. Any fees associated with the obtaining of the permit(s) will be the responsibility of the CITY. 12. Submit Plans at office check stage to affected utilities and conduct utility conference to facilitate review and conflict resolution. 13. Identify and develop consensus on the handling of traffic control during construction (both pedestrian and vehicular) as necessary. 14. Review Shop Drawings during construction phase. 15. Attend construction progress meetings (up to five) during construction. Items I through 15 in the Scope of Services will be performed at the hourly rates indicated in Exhibit 2 with a Not to Exceed Limit of$72,000, including expenses. BG-Cons/Client-NTE-Rev Aug 13.1 Page 9of12

147 Construction Administration Services 16. Assign Certified Inspectors of the appropriate classifications to perform construction engineering services necessary and incidental to the accomplishment of the improvements. 17. Provide for CONSULT ANT personnel such transportation, supplies, materials, and incidentals as are needed to accomplish the services required under this agreement. 18. Undertake the following: The Consultant will designate a Project Engineer/Manager and other inspection personnel to inspect all work performed and materials furnished. The Project Engineer/Project Manager is not to act as foreman for the Contractor; however, the Project Engineer/Project Manager shall have the authority to reject work or materials until any question at issue can be referred to and be decided by the CITY. 19. Keep such daily diaries, logs and records as are deemed needed for a record of the Contractor's progress, including Inspector's Diaries. 20. Provide measurement and computation of pay items. 21 Prepare and submit, or assist in preparing, such periodic, intermediate, and final reports and records applicable to the project, which may include: Progress Reports Working Day Accountings Contractor Pay Estimates Explanation of Quantity Variations Other Records and Reports as required by the Project. 22. Prepare and deliver to the CITY (when the Project is completed) one paper copy of major changes to the plans, along with reproducible mylar copies. 23. Establish the following hourly rate schedule for the services performed for the Scope of Work Items 16 through 22. Project Engineer IV $ Senior Construction Observer $ Certified Construction Observer $ CAD System and Operator $ Clerical $ BG-Cons/Client-NTE-Rev Aug 13.1 Page 10 of12

148 EXHIBIT 2 COST AND SCHEDULE Estimate of Consultant's Fee Well 17 to Well 13 Raw Waterline Summary of Man Hours for Design Services Description Project Project Project Design Field Expenses Engineer Engineer Surveyor Engineer Technician Drafter Clerical Supervisor Surveyor Lodging and Per IV II Diem ($150/Day) Deslon Development 1 Scopino Meeting Site Survev for Tooo Info Alionment Control Survev Base Plan Development Plan & Profile Standard and Soecial Details Utilitv Coordination & Alignment Evaluation Meetinos with Citv Staff Quantities and OPC Traffic Control Plans Product and Material Backoround Dev Community Outreach Specifications & Construction Documents Stormwater Permit Annlications City of Hutchinson and EPA Erosion Plan Bid Lettino Services Shoo Drawino Reviews 8 18 Pre-Con. Conf. and Constr. Mtas luo to 5) Subtotal Hours Hourly Rates $ $ $ $ $84.50 $ $54.00 $99.50 $72 Total by Discioline $9,990 $16,860 $4,048 $5,160 $1,014 $ $1,188 $6,169 $8,712 $2,250 Proposal for Lump Sum Services for Engineering Design $68,558 Proposal for Not to Exceed Amount for Engineering Design (5% Admin. Allowance) $72,000 Proposed Schedule Day Work Activity Completed Notice to Proceed 21 Topographic and Alignment Survey 40 Preliminary Plans for Review 75 Final Plans for Review - Public Meeting - Utility Conference 120 Bid Letting BG-Cons/Client-NTE-Rev Aug 13.1 Page 11 of 12

149 t:p Cl n g "' Q a; a z ~ ~ < > r:: (IQ _. w Proposec..,~.,._aw Water Main Extension Project 15~0 - ~~...,, \~~r T e Hr..~...~-!t' : ~J ~.''. #,~.'~ 'j_.,,i ~.. 1~[7 r l'.,~; lt.. :_ '-. 111!!!1.: I I ( ' 1 "ti ~... N 0...,... N Logond 'Mt.,~ --Olutrftotll <:} HwtdlhMtl C_,. Lftllt -- = == ~.ot

150 INTER-OFFICE COMMUNICATION COUNCIL COMMUNICATION FOR MEETING OF AGENDA ITEM FOR ACTION INFORMATION ONLY Date: May 13, 2015 To: John Deardoff, City Manager Michael Kramer, P.E., Director of Engineering From: Jeff Peterson, P.E., Senior Civil Engineer Subject: Report of Bid Opening for 2015 Watermain Replacement (WIP #14-02) Background: This is the first project that initiates a program to improve the operation, reliability and safety of the existing water distribution system by replacing aging water lines that have experienced a high incidence of main breaks. The design of this project was completed by City Staff. The project locations are noted below and are also indicated on a map provided with this memo: 3rd Avenue (Pershing Street to Bonebrake Street) 5 th and 5 th Avenue (Pershing Street to Lorraine Street) 7 th Avenue (Pershing Street to Baker Street) Duffy Road (4th Avenue to 9th Avenue) A total of 6 bids were opened on Tuesday, May 12, The low bid was received from Mies Construction, Inc. The Engineer's Estimate and bid summary are listed below. Engineer's Estimate $998, Mies Construction Inc., Wichita, KS $870, APAC-Kansas, Inc., Hutchinson, KS $914, Dulinq Construction Co., Inc., Wichita, KS $988, Nowak Construction Co., Inc., Goddard, KS $1, 161, Goins Enterprises, Inc., Joplin, MO $1,172, SMC Utility Construction, Shawnee, KS $1,350, The bid tabulation is attached for your reference. The proposed final completion date for this project is March 18, Fiscal: The project construction costs will be paid by the Water Department with existing Waterline CIP Reserve Funds. Action: Mies Construction has recently completed similar waterline construction within the City on other projects. It is recommended that the project be awarded and the Mayor be authorized to sign contracts with Mies Construction Inc. of Wichita, KS, in the amount of $870,866.60, subject to compliance with all legal requirements.

151

152 Bid Tabulation: WIP #14-02 Watermain Replacement 2015 Mies Construction, Inc. APAC- Kansas, Inc. Duling Construction Co. 1nc. Nowak Construction Co., Inc. Goins Enterprises, Inc. SMC Utility Construction Bids Opened: May 12, 2015 at 2:00 p.m. Engineer's Estimate Wichita, KS Hutchinson, KS Wichita, KS Goddard, KS Joplin, MO Shawnee, KS Item Description Quantity Unit Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Exten si on Un it Price Extension Unit Price Extension Unit Price Extension 1 8" Water Main in Place (C900 PVC) 8,661 LF. $ $259, $ $402, $ $277, $ $ 329, $ $ 424, $ $ 433, $ $ 389, " Water Main in Place (C900 PVC) 23 LF. $ $ 1, $ $ $ $ 3, $ $ 1, $ $ 1, $ $ $ $ 2, Type 'A' Compaction 8,684 LF. $ 2.50 $ 21, $ 1.00 $ 8, $ 1.00 $ 8, $ 2.00 $ 17, $ 1.00 $ 8, $ 5.00 $ 43, $ 4.00 $ 34, Bore in Lieu oftrenching(8" RJ PVC) 3,202 L.F. $ $144, $ $160, $ $137, $ $ 121, $ $ 182, $ $ 192, $ $ 195, " Gate Valve and Box Install Only 21 Ea. $ $ 10, $ $ 4, $ $ 4, $ $ 5, $ $ 8, $ $ 4, $ $ 10, " Gate Valve and Box Install Only 23 Ea. $ $ 13, $ $ 5, $ $ 6, $ $ 6, $ $ 11, $ $ 4, $ $ 16, "x8" Tapping Tee w/ Valve Install Only 2 Ea. $ $ 1, $ 1, $ 2, $ $ $ 1, $ 2, $ 1, $ 2, $ $ 1, $ 2, $ 5, Way Fire Hydrant Install Only 21 Ea. $ 1, $ 30, $ 1, $ 31, $ $ 16, $ 1, $ 25, $ 1, $ 29, $ $ 10, $ 2, $ 44, Pipe Fittings 5,040 Lbs. $ 5.00 $ 25, $ 2.25 $ 11, $ 4.00 $ 20, $ 5.00 $ 25, $ 3.15 $ 15, $ 4.00 $ 20, $ $ 73, Waterline Connection 10 Ea. $ 1, $ 18, $ 1, $ 10, $ 2, $ 23, $ 2, $ 20, $ 1, $ 12, $ 2, $ 20, $ 1, $ 13, / 4" HOPE Service Line (A&C) 870 LF. $ $ 19, $ 5.00 $ 4, $ 0.25 $ $ 3.00 $ 2, $ $ 13, $ $ 10, $ 8.00 $ 6, /4" HOPE Service line and Bore 7,378 LF. $ $221, $ 8.00 $ 59, $ $ 81, $ 5.00 $ 36, $ $ 114, $ $ 110, $ $ 95, " HOPE Service Line (A&C) 9 LF. $ $ $ $ $ 1.00 $ 9.00 $ $ $ $ $ $ $ $ " HOPE Service line and Bore 58 LF. $ $ 2, $ $ 1, $ $ $ $ 1, $ $ 1, $ $ 1, $ $ 3, / 4" Meter Installation, Servi ce Connection 322 Ea. $ $ 80, $ $ 64, $ $142, $ $ 257, $ $ 181, $ $ 120, $ $ 203, " Meter Insta llation, Service Connection 1 Ea. $ $ $ $ $ $ $ 1, $ 1, $ $ $ $ $ $ " Meter Installation, Service Connection 1 Ea. $ $ $ $ $ $ $ 1, $ 1, $ 1, $ 1, $ $ $ 1, $ 1, Remove and Replace Pavement 258 LF. $ $ 21, $ $ 13, $ $ 21, $ $ 21, $ $ 25, $ $ 11, $ $ 20, R & R 4" Concrete Sidewalk 2,598 S.F. $ 8.00 $ 20, $ 4.20 $ 10, $ 5.00 $ 12, $ 8.00 $ 20, $ 8.75 $ 22, $ $ 25, $ $ 46, R & R 6" Concrete Driveway 1,162 S.F. $ $ 11, $ 7.75 $ 9, $ 5.00 $ 5, $ $ 13, $ $ 17, $ $ 17, $ $ 25, Gravel Surfacing 35 Ton $ $ $ $ $ $ $ $ $ $ $ $ 1, $ $ 1, Type 1 Ramp 5 Ea. $ $ 3, $ $ 3, $ $ 2, $ $ 4, $ $ 3, $ $ 3, $ 1, $ 6, Sidewalk Ramp Detectable Warning 40 S.F. $ $ $ $ $ $ $ $ $ $ $ $ 1, $ $ 2, Remove & Replace Curb and Gutter 55 LF. $ $ 1, $ $ 1, $ $ 3, $ $ 1, $ $ 2, $ $ 2, $ $ 2, Lawn Sprinkler Repair 1 Prop $ $ $ $ $ 1, $ 1, $ $ $ $ $ $ $ 2, $ 2, Remove & Replace 12" CMP Culverts 372 LF. $ $ 14, $ $ 9, $ $ 18, $ $ 18, $ $ 8, $ $ 37, $ $ 17, Furnish & Install 12" CMP End Sections 32 Ea. $ $ 8, $ $ 6, $ $ 2, $ $ 2, $ $ 2, $ $ 6, $ $ 8, Remove & Replace 15" CMP Culverts 45 LF. $ $ 2, $ $ 1, $ $ 2, $ $ 2, $ $ 1, $ $ 2, $ $ 2, Furnish & Install 15" CMP End Sections 2 Ea. $ $ $ $ $ $ $ $ $ $ $ $ $ $ Seeding and Mulching 2.2 Acres $ 2, $ 5, $ 2, $ 5, $ 5, $ 11, $ $ $ 5, $ 12, $12, $ 26, $ 6, $ 14, Erosion Control-Inlet Protection 43 Ea. $ $ 3, $ $ 4, $ $ 2, $ $ 5, $ $ 3, $ $ 6, $ $ 3, Erosion Control Blanket 1,631 5.Y. $ 2.75 $ 4, $ 2.00 $ 3, $ 7.00 $ 11, $ 2.00 $ 3, $ 2.50 $ 4, $ 3.00 $ 4, $ 3.00 $ 4, Traffic Control 1 L5. $ 8, $ 8, $ 2, $ 2, $ 8, $ 8, $10, $ 10, $24, $ 24, $10, $ 10, $30, $ 30, Construction Staking 1 LS. $ 5, $ 5, $ 3, $ 3, $ 1.00 $ 1.00 $ 6, $ 6, $ 3, $ 3, $10, $ 10, $ 5, $ 5, Public Relation s 1 LS. $ 3, $ 3, $ 1, $ 1, $ $ $10, $ 10, $ 4, $ 4, $10, $ 10, $ 14, $ 14, Mobilization 1 LS. $30, $ 30, $25, $ 25, $84, $ 84, $10, $ 10, $15, $ 15, $20, $ 20, $45, $ 45, TOTAL BID $ 998, $ 870, $ 914, $ 988, $ 1,161, $ 1,172, $ 1,350,011.00

153 Notice of Award Date: May 19, 2015 Project: Water Improvement Project No (Waterline Replacement 2015) Owner: City of Hutchinson Owner's Contract No.: Contract: $870, Engineer's Project No.: Bidder: Mies Construction Inc. Bidder's Address: 1919 SW Boulevard Wichita, KS You are notified that your Bid dated 5/ 12/2015 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Water Improvement Project No The Contract Price of your Contract is EIGHT-HUNDRED AND SEVENTY THOUSAND EIGHT HUNDRED AND SIXTY SIX AND Dollars ($870,866.60). 1 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 1 sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [ 15] days of the date you receive this Notice of Award. 1. Deliver to the Owner [1] fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01 ). 3. Other conditions precedent: Deliver the required Certificate of Insurance Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Hutchinson, Kansas Owner By: Jade Piros de Carvalho Authorized Signature Copy to Engineer Title: Mayor EJ CDC C-5 10 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page I of I

154 Law Department Interoffice Memorandum COUNCIL COMMUNICATION FOR MEETING OF AGENDA ITEM FOR ACTION INFORMATION ONLY 5/19/2015 5l J.; -x TO: FROM: John Deardoff, City Manager Paul W. Brown, City Attorney/P'i;;, 1 DATE: May 14, 2015 RE: Exercise of option to acquire real estate by Siemens Energy, Inc. BACKGROUND: The original Development Agreement dated October 28, 2009 between the City of Hutchinson and Siemens Energy, Inc. (SEI) provided for an Option Agreement to acquire additional real estate by SEI. The First Amendment to the Development Agreement dated October 1, 2014 amended the Option Agreement to include Lots 2, 8, 9, 10 and 12 of the Salt city Business Park as a part of the option terms of the contract. The net effect of the Amendment was to provide for different conditions with respect to the remaining Lot 5 of the Salt City Business Park 11. Pursuant to the option terms, SEI has exercised its option to acquire the additional real estate by providing notice to the City of Hutchinson on April 30, A copy of the notice from SEI is attached hereto for reference. The proposed closing date for the real estate transfer shall be by May 30, Upon exercise of the option by SEI, the City of Hutchinson is obligated to execute a Warranty Deed and related documents for the real estate closing. A proposed Warranty Deed is attached hereto for reference. RECOMMENDATION: Motion to approve/disapprove the transfer of Lots 2, 8, 9, 10 and 12 of the Salt City Business Park II to Siemens Energy, Inc. and authorizing the Mayor to sign the Warranty Deed and all other necessary documents for the closing of the real estate transfer to Siemens Energy, Inc. PWB:lso

155 SIEMENS April 15, 2015 John Deardoff City Manager City of Hutchinson, Kansas 125 E. Ave. B Hutchinson, KS Re: Exercise Notice For Option To Purchase The Optioned Land Dear John: This Exercise Notice is provided to you by Siemens Energy, Inc., ("Siemens") pursuant to Section 3 of that certain Option Agreement dated October 28, 2009 as amended by that certain Amendment to Option Agreement dated October 1, 2014 (collectively, "Option Agreement"). Capitalized terms within this Exercise Notice shall have the definitions assigned to them in the Option Agreement. Siemens hereby notifies you that it is hereby exercising the Option to purchase Lots 2, 8, 9, 10, and 12 of the Property. The proposed Closing Date shall be May 30, Very truly yours, Siemens Energy Inc., By: c. \L[V, "I (\ ';J.U.,~ Its: \ V1 e Dusi ~ ijf Cc: Paul Brown Its: ::.:,~'-'-'r&'-"'""'ole-"-'11\~t, _

156 GENERAL WARRANTY DEED THE CITY OF HUTCHINSON, KANSAS, a municipal corporation CONVEYS AND WARRANTS TO: SIEMENS ENERGY, INC. all the following described REAL ESTATE in the County of Reno and the State of Kansas, to-wit: Lots 2, 8, 9, 10 and 12, Salt City Business Park, an Addition in the City of Hutchinson, in the West Yi of Section 21, Township 23 South, Range 5 West of the 5th P.M., Reno County, Kansas, according to the duly recorded plat thereof, also described as Lots 2, 8, 9, 10 and 12, Salt City Business Park II, an Addition in the City of Hutchinson, in the West Yi of Section 21, Township 23 South, Range 5 West of the 5th P.M., Reno County, Kansas, according to the duly recorded plat thereof. for the sum of Ten Dollars and other valuable consideration. EXCEPT AND SUBJECT TO: easements and restrictions of record. Dated: THE CITY OF HUTCHINSON, KANSAS ATTEST: Jade Piros de Carvalho, Mayor Karen Weltmer, City Clerk

157 STATE OF KANSAS, COUNTY OF RENO, ss: BE IT REMEMBERED that on this day of, 2015, before me, the undersigned, a Notary Public, in and for the County and State aforesaid, personally appeared Jade Piros de Carvalho, Mayor and Karen Weltmer, City Clerk of the City of Hutchinson, Kansas known to me to be the persons who executed the foregoing instrument, and such persons duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public My term expires:

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