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cp11-01-2006 cAGENDA HUTCHINSON CITY COUNCIL SPECIAL MEETING TUESDAY, NOVEMBER 1, 2006,4:30 P.M. 1. CALL TO ORDER — 4:30 P.M. 2. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF PURCHASE AGREEMENT FOR PROPERTY LOCATED AT 145 2ND AVENUE SE Action — Motion to reject — Motion to approve 3. ADJOURN • �J � rIk 1 �\ Ly�j TO: Mayor and City Council Gary Plotz, City Administrator FROM: John Rodeberg, Public Works Director Rebecca Bowers, Planning Director Miles Seppelt, Economic Development Director RE: Land Purchase on City Center Block DATE: October 27. 2006 As we have reviewed this on -going issue and the recent direction from the City Council, we want to reaffirm our recommendation to purchase the Swenson property at 145 2nd Avenue SE. • Although the Council requested consideration of a complete review of future plans for the City Center block prior to completing the purchase, this is not feasible within the required time -frame. • Although the sketch provided at the meeting attempted to provide some direction for a potential addition, there are too many issues /complications that need to be addressed (timing of a need, restrooms, break and conference rooms, who moves ?, separate access and internal work/traffic flow needs, external traffic flow, etc.) that will directly affect any development on the block. This action would help us confirm our previous direction to protect the integrity of potential future development on this site. • Although the parking across the street near Evergreen is owned by the City, the location, condition and future potential use of the site reduce its practicality for employees or city -owned vehicles. A review of the viability of this area, and best use, is needed. • The purchase of this property is a "no lose" proposition for the City. We will be removing a blighted property from downtown at a relatively minimal cost, and preserving property that could either be used for City Center purposes, or marketed for economic redevelopment. This site clearly is more valuable as bare land. The City will certainly recoup its investment in the future, regardless of its ultimate use. • We have been hurt in the past when not making property purchases at the opportune time. The Rolfe properly purchase was delayed in 2000 due to concerns about timing and cost. By the time we followed up on the purchase this year the price had grown from $70,000 to $199,000. This same scenario has played itself out in other areas, most notably in areas around the Hospital. • We would recommend consideration of removing the buildings and leaving the area as green space until a study can be completed regarding the best future use of the site. . We are also concerned about the issues raised in the e -mails sent over the last few days. Commitments have been made based on previous actions of the Council, and the good faith efforts of City staff. Quick and appropriate resolution of this issue is needed. a�a� AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 14, 2006 I . CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Rev. Brian Brosz, First Congregational - UCC 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF OCTOBER 24, 2006 (b) SPECIAL MEETING MINUTES OF NOVEMBER 1, 2006 (c) SPECIAL MEETING MINUTES OF NOVEMBER 8, 2006 (d) BID OPENING MINUTES OF NOVEMBER 7, 2006 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. ECONOMIC DEVELOPMENT AUTHORITY BOARD MINUTES OF SEPTEMBER 29, 2006 2. BUILDING DEPARTMENT MONTHLY REPORT FOR OCTOBER 2006 3. FIRE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2006 4. PUBLIC ARTS COMMISSION MINUTES FROM SEPTEMBER 19, 2006 5. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES OF SEPTEMBER 19, 2006 6. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES OF SEPTEMBER 25, 2006 7. HUTCHINSON AIRPORT COMMISSION MINUTES OF SEPTEMBER 28, 2006 8. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES OF OCTOBER 2, 2006 9. HUTCHIN SON UTILITIES COMMISSION FINANCIAL REPORT FOR SEPTEMBER 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13068 — RESOLUTION CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHIN SON TO MCLEOD COUNTY 2. RESOLUTION NO. 13070 — RESOLUTION APPROVING TRAFFIC CONTROL DEVICES 3. RESOLUTION NO. 13074 — RESOLUTION FOR PURCHASE (COMPUTERS, LAPTOPS, PEACHTREE SOFTWARE, AND DIESEL FUEL) . 4. CONSIDERATION OF VACATION OF A PORTION OF THE EASEMENT LOCATED ON THE SOUTH LINE OF LOT 14, RICE ADDITION, 630 DALE STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION OF ORDINANCE NO. 06 -0446) CITY COUNCIL AGENDA —NOVEMBER 14, 2006 5. CONSIDERATION OF AMENDMENT TO SECTION 154.062 OF THE CITY CODE ADDING LANGUAGE TO ALLOW TOWING COMPANY OFFICE WITH IMPOUND LOT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION OF ORDINANCE NO. 06 -0447) (c) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR CHRIST THE KING CHURCH ON DECEMBER 2, 2006 (d) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON DECEMBER 21, 2006 (e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO. 1, LETTING NO. 14- PROJECT NO. 06 -16 (HATS COLD STORAGE BUILDING) - CHANGE ORDER NO. 1, LETTING NO. 4- PROJECT NO. 06 -12 (SOUTH MILL POND TRUNK SANITARY LINING) - CHANGE ORDER NO. 2, LETTING NO. 3- PROJECT NO. 06 -03 (DENVER AVENUE) CHANGE ORDER NO. 1, LETTING NO. 1 I- PROJECT NO. 06 -13 (AIRPORT T- HANGAR) (� CONSIDERATION FOR APPROVAL OF ADVERTISING FOR BIDS FOR WASTEWATER TREATMENT SCADA PROJECT (LETTING NO. 13, PROJECT NO. 06 -15) (g) CONSIDERATION FOR APPROVAL OF ADVERTISING FOR BIDS FOR MAIN LIFT STATION IMPROVEMENTS (LETTING NO. 9, PROJECT NO. 06 -11) (h) CONSIDERATION FOR APPROVAL OF DESIGN SERVICES AGREEMENT WITH SEH CONSULTING FOR NORTHEAST TRUNK STORM SEWER PHASES 2 & 3 (i) CONSIDERATION FOR APPROVAL OF CONTRACT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT MANAGEMENT CONSULTING SERVICES (j) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH THE SOUTHWEST METRO DRUG TASK FORCE Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. -NONE 8. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REVIEW OF DEBT LEVY OPTIONS AND CLOSED BOND FUND — STEVE APFELBACHER, EHLERS & ASSOCIATES No action. 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF DOCUMENTS RELATED TO RETIREMENT SAVINGS ACCOUNT PROGRAM Action — Motion to reject— Motion to approve (b) CONSIDERATION FOR PROVIDING NOTICE OF OPEN ENROLLMENT FOR CITY OF HUTCHINSON TOWING SERVICES AND ESTABLISHING GUIDELINES OF ELIGIBLITY FOR OPEN TOWING • Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF SKETCH PLAN SUBMITTED BY STEVE KNISLEY FOR A POLE BARN /STORAGE BUILDING DEVELOPMENT IN GOEBEL'S ADDITION CITY COUNCIL AGENDA —NOVEMBER 14, 2006 00 Action — Motion to reject — Motion to approve . NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF CITY UTILITY SAFETY PLAN DOCUMENT Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF AWARDING THREE -YEAR PROPOSAL TO ABDO, SICK & MEYERS FOR AUDIT SERVICES Action — Motion to reject — Motion to approve (c) DISCUSSION OF HIGHWAY 7 PROJECT STATUS No action. (d) CONSIDERATION FOR APPROVAL OF CONTRACT WITH DONOHUE AND ASSOCIATES FOR WASTEWATER TREATMENT PLANT IMPROVEMENTS (TREATMENTIMBR IMPROVEMENTS) Action — Motion to reject — Motion to approve (e) CONSIDERATION FOR APPROVAL OF CONTRACT WITH BRAUN INTERTEC FOR DUMP SITE REMEDIATION Action — Motion to reject — Motion to approve • (f) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR REVERSE OSMOSIS MEMBRANE ELEMENTS (LETTING NO. 15, PROJECT NO. 06 -17) Action — Motion to reject — Motion to approve (g) DISCUSSION OF ASSESSMENTS AT 465 NORTH MAIN STREET AS REQUESTED BY JIM RILEY Action - (h) CONSIDERATION FOR APPROVAL OF SETTING PUBLIC HEARING TO DISCUSS PROPOSED NON - SMOKING ORDINANCE FOR THE CITY OF HUTCHINSON Action — Motion to reject — Motion to approve (i) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP TO DISCUSS EMPLOYEE PROCESS SELECTION AND ORGANIZATIONAL STRUCTURE IN THE PUBLIC WORKS DEPARTMENT Action — Motion to reject — Motion to approve Q) CONSIDERATION OF RESCHEDULING ANNUAL PERFORMANCE REVIEW FOR CITY ADMINISTRATOR GARY PLOTZ Action — Motion to reject— Motion to approve (k) CONSIDERATION FOR APPROVAL OF SALE OF FORMER RAILROAD PROPERTY NOW OWNED BY THE CITY OF HUTCHINSON 1. MISCELLANEOUS (a) COMMUNICATIONS CITY COUNCIL AGENDA -NOVEMBER 14, 2006 12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS 03. ADJOURN • • MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 24, 2006 1. CALL TO ORDER — 5:30 P.M. Mayor Steve oo ca e t e meeting to order. Members present were Jim Haugen, Casey Stotts and Bill Arndt. Member absent was Kay Peterson. Others present were John Rodeberg, Director of Public Works and Marc Sebora, City Attorney. 2. INVOCATION - Due to the absence of Rev. Jim Hall, Word of Life Church, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF OCTOBER 11, 2006 (b) BID OPENING MINUTES OF OCTOBER 17, 2066 (REVERSE OSMOSIS MEMBRANE ELEMENTS, WASTWATER TREATMENT FACILITY ADMINISTRATION BUILDING EXPANSION, HATS COLD STORAGE BUILDING) Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY BOARD MINUTES FROM SEPTEMBER 21, 2006 2. BUILDING DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2006 3. PLANNING COMMISSION MINUTES FROM SEPTEMBER 19, 2006 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR SEPTEMBER 2006 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13063 —RESOLUTION FOR PURCHASE (TRUCK BODY AND UNLEADED GASOLINE) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF VACATION OF A PORTION OF THE EASEMENT LOCATED ON THE SOUTH LINE OF LOT 14, RICE ADDITION, 630 DALE STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06-0446 FOR NOVEMBER 14, 2006) 2. CONSIDERATION OF AMENDMENT TO SECTION 154.062 OF THE CITY CODE ADDING LANGUAGE TO ALLOW TOWING COMPANY OFFICE WITH IMPOUND LOT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. . 13062 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06 -0447 FOR NOVEMBER 14, 2006) 3. CONSIDERATION OF SITE PLAN AND CONDITIONAL USE PERMIT REQUESTED BY JANET 6(6z) CITY COUNCIL MINUTES — OCTOBER 24, 2006 VALEN, REMAX REALTY, TO REMODEL RESIDENTIAL BUILDING FOR REAL ESTATE OFFICE LOCATED IN THE INDUSTRIAL /COMMERCIAL DISTRICT LOCATED AT 255 HWY 7 EAST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 13061) (d) CONSIDERATION FOR APPROVAL OF SHORT -TERM LEASE EXTENSION WITH LIFE LINK III AT HUTCHINSON MUNICIPAL AIRPORT (e) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH EARTHTECH FOR WASTEWATER TREATMENT FACILITY BUILDING 20 LIFT STATION PUMP REPLACEMENT (f) CONSIDERATION FOR APPROVAL OF PURCHASING DESKTOP COMPUTERS AND LAPTOPS AS REQUESTED BY HUTCHINSON AREA HEALTH CARE Items 6(b)l, 6(c)2, and 6(c)3 were pulled for separate action. Motion by Arndt, second by Haugen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)1 had further discussion. Mayor Cook noted that a typographical error was noted on the resol.ition and the price should actually read $16,933.43 as opposed to $416,933.43. Motion by Stotts, second by Cook, to approve Item 6(b)l, Resolution No. 13063. Motion carried unanimously. Item 6(c)2 had further discussion. Rebecca Bowers, Planning Director, presented before the Council. Ms. Bowers explained that Modern Mazda Towing has requested that a towing company office with an impound lot be allowed in a C -2 zoning district. If approved, Modem Mazda Towing would need to acquire a • conditional use permit. Mayor Cook suggested adding this type of use in the C -4 district instead. General discussion was held regarding the C -2 and C -4 districts and the uses included. Motion by Cook, second by Stotts, to add this type of use in the C -4 district as a conditional use, and not allow it in C -2. Motion carried unanimously. Item 6(c)3 had further discussion. Council Member Haugen noted he would be abstaining from this vote. Motion by Arndt, second by Stotts, with Haugen abstaining, to approve Item 6(c)3. Motion carried unanimously. 7. PUBLIC HEARINGS — 6:00 P.M. - NONE 8. COMMUNICATIONS REQUESTS AND PETITIONS (a) PRESENTATION ON EXECUTIVE SUMMARY OF SNOW AND ICE REPORT— JOHN OLSON John Olson, Public Works Superintendent, presented before the Council. Mr. Olson reviewed a report completed by SEH Consulting on the City's snow and ice removal operations. The report included reviews on an evaluation of snow removal procedures, snow removal fleet, use of ice control materials, staffing for snow and ice removal program, sidewalk/trail snow removal program, snow plow routes, administrative practices and snow storage sites. It was noted that no ppersonnel has been added, but personnel from the compost facility, parks and water /wastewater are used for snow removal operations. 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF DOCUMENTS RELATED TO RETIREMENT SAVINGS • ACCOUNTPROGRAM Motion by Arndt, second by Haugen, to table this item until the November 14, 2006, City Council meeting. Motion carried unanimously. 5 (a) CITY COUNCIL MINUTES —OCTOBER 24, 2006 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ACCEPTING BIDS AND AWARDING CONTRACT FOR THE REPLACMENT OF ENGINE 9 FIRE TRUCK Lt. Mike Craig, Hutchinson Fire Department, presented before the Council. Lt. Craig informed the Council that bids were opened for the Engine 9 truck on October 16, 2006. Lt. Craig reviewed the critical design criteria of the truck that the committee had formulated. Three bids were received with the lowest bid coming in at $312,291.00 from General Safety Equipment — Wyoming, MN. Lt. Craig reminded the Council that the intention of the fire department is to use the current pumper truck at the training site, due to fire trucks having little to no value in the used market. The recommendation of the committee was to award the bid to General Safety Equipment. Motion by Arndt, second by Stotts, to approve accepting bids and awarding contract to General Safety Equipment for the replacement of Engine 9 fire truck. Motion carried unanimously. (b) DISCUSSION OF SKETCH PLAN SUBMITTED BY STEVE KNISLEY FOR REPLAT IN GOEBEL'S ADDITION Rebecca Bowers, Planning Director, presented before the Council. Ms. Bowers explained that this sketch Weis rather unique. The property is located in the I -1 District off of 5'h Avenue near the Industrial Park. The applicant would like to develop this site into 26 individual platted sites with a private drive in the middle of the lots. This development could only be done under a Planned Development District. The applicant intends to construct pole -type storage garages on each of the lots. The current proposal does not meet the standards for lot area, dimensions or setbacks for the I -1 District and conditional use permits would be required for the pole barn construction. • Council Member Arndt noted he likes the development idea, especially for storage purposes. It was noted that Planned Developed Districts are typically used for flexibility to applicants as well as the City with allowing some exceptions to zoning districts. Steve Knisely, applicant, presented before the Council. Mr. Knisely noted that he has created a similar -type of development in Litchfield. The intended uses for these lots are business- oriented or storage- oriented. He noted no outside storage would be allowed nor on- street parking. Mayor Cook noted some concerns about running businesses out of the facilities. Mr. Knisely noted that no retail- oriented businesses would be allowed. Mayor Cook preferred that the buildings only be used for storage. It was noted that stormwater retention must be part of the development. Ms. Bowers explained that several questions have yet to be answered, especially the use of the buildings in the development. Several steps have to be taken before anything would truly move ahead. General discussion was held regarding the various uses of the property. Gary Plotz suggested that staff develop definitions of business -uses in the development and bring them back to the Planning Commission and City Council. Council Member Haugen suggested a concept he has seen in Mayer, MN. This concept is a development of having several structures under one roof. Motion by Stotts, second by Arndt, to recommend proceeding with this type of Planned Development District, developing guidelines with staff, and come back to the planning commission and the council for further discussion before more involved plans are developed. Motion carried unanimously. (c) CONSbDERATION FOR APPROVAL OF PURCHASE AGREEMENT FOR PROPERTY LOCATED AT 145 2 AVENUE SE • Rebecca Powers, Planning Director, presented before the Council. The City has made an offer to the owner at 145 2" Avenue SE to purchase the property at $107,500. This property would be used for future City Center expansion. Mayor Cook presented a few different sketches that would portray adding on to the City 5(a1 CITY COUNCIL MINUTES — OCTOBER 24, 2006 Center, which vcold eliminate the need for purchasing this property. He noted that there is another piece of . property on 2 Avenue that may be for sale that could be used for future parking. Casey Stotts noted that discussions have been held with Aveyron Homes in the past regarding leasing them parking places. Discussion was held regarding the necessity of the property. Motion by Cook to deny purchase of this property. Motion failed for lack of a second. Council Member Stotts noted that staff needs to review future use of City Center itself. Gary Plotz noted that thoughts that have circulated in the past included moving the motor vehicle department and HCVN from City Center. Motion by Stotts; second by Amdt, to table this item until the November 14, 2006, City Council meeting. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR HATS TEMPERATE STORAGE FACILITY — LETTING NO. 14, PROJECT NO. 06 -16 John McNamara, Weld Architects, presented before the Council. The recommendation is to award the bid to Structural Buildings Inc. in the amount of $188,929.00. The bid is almost 5% lower than the engineer's estimate. Motion by Stotts, second by Arndt, to approve awarding contract for HATS temperate storage facility. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR WASTEWATER • TREATMENT FACILITY ADMINISTRATION BUILDING EXPANSION — LETTINGNO.12,PROJECT NO. 06 -14 John McNamara, Weld Architects, presented before the Council. The recommendation is to award the bid to Ebert Inc. including two alternates, totaling an amount of $1,106,200.00. This bid nearly matches the original project cost estimate. Mayor Cook noted that he believes there are things that need to be done, but there are unnecessary items included as well. He feels that alterations could be made to lower the cost. He suggested having a Public Works Committee that could provide input in the early stages of projects. Motion by Stotts, second by Arndt, to approve awarding contract for wastewater treatment facility administration building expansion. Roll call vote was taken: Haugen — aye; Arndt — aye; Stotts —aye; Cook — nay. Motion carried 3 to 1. (f) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR REVERSE OSMOSIS MEMBRANE ELEMENTS — LETTING NO. 15, PROJECT NO. 06 -17 John Rodeberg, Public Works Director, noted that staff is requesting that this bid be rejected due to the one bidder not including a bid bond. Staff will rebid the project. Motion by Stotts, second by Arndt, to reject bid for reverse osmosis membrane elements. Motion carried unanimously. Motion by Stotts, second by Arndt, to approve plans and specifications and order advertisement for bids, Resolution No. 13067. Motion carved unanimously. (g) DISCUSSION OF DRAFTING LOCAL SMOKING ORDINANCE WITH ASSISTANCE OF TOBACCO LAW CENTER Mayor Cook noted that he and Council Member Stotts have noted disappointment with the county- adopted smoking ordinance that was recently passed. Mayor Cook has been speaking with McLeod County Public .SC0-) CITY COUNCIL MINUTES — OCTOBER 24, 2006 Health and has suggested adopting a city ordinance. He has found that the Tobacco Law Center will assist • with writing such an ordinance, but formal adoption needs to be taken by the Council to authorize this. Motion by Stotts, second by Haugen, to request that the Tobacco Law Center work with the City in drafting a smoking ordinance. Motion carried unanimously. (h) CONSIDERATION OF RESCHEDULING ANNUAL PERFORMANCE REVIEW FOR CITY ADMINISTRATOR GARY PLOTZ Gary Plotz also noted that another enterprise fund budget workshop needs to be held as well as a recognition event for John Rodeberg whose last date of employment with the City is November 21, 2006. Motion by Stotts, second by Arndt, to set an appreciation event for John Rodeberg on November 14, 2006, from 3:30 p.m. — 5:30 p.m. Motion carried unanimously. Motion by Haugen, second by Stotts, to set a budget workshop to discuss the enterprise funds on November 28, 2006, at 3:30 p.m. Motion carried unanimously. Motion by Stotts, second by Cook, to reschedule Gary Plotz's annual performance review for November 8, 2006, following the Canvassing Board. Motion carried unanimously. 11. MISCELLANEOUS (a) COMMUNICATIONS Casey Stotts — Council Member Stotts noted that the haunted house hosted by the Jaycees, with the use of the fire training tower, was a huge success last weekend. • Gary Plotz —Mr. Plotz commented on the Budgeting for Outcomes committee. The committee has met with focus groups regarding city services and is recommending that a city survey be circulated. The committee is recommending utilizing the services of the National Survey Center to formulate the survey, as well as circulate and compile the results. The last survey the city conducted was in 1999. The base cost for the use of National Survey Center is $8400. This cost includes circulation, compilation and generation of three different reports. For an additional $500 per question, additional questions can be added on to the boilerplate survey. The committee is suggesting a not -to- exceed amount of $14,000 415,000. Motion by Stotts, second by Haugen, to approve using the services of National Survey Center to formulate a City survey, with a not -to- exceed number of $15,000. Motion carried unanimously. John Rodeberg — Mr. Rodeberg noted that the City has received a $500,000 phosphorous grant for the water plant. General discussion was held regarding when building permit fees are waived for City projects. A formal policy does address this issue. 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Cook, to approve claims, appropriations and contract payments. Motion carried unanimously. 13. ADJOURN Motion by Arndt, second by Haugen, to adjourn at 8:10 p.m. Motion carried unanimously. • 5 (- • MINUTES HUTCHINSON CITY COUNCIL SPECIAL MEETING WEDNESDAY, NOVEMBER 1, 2006,4:30 P.M. 1. CALL TO ORDER — 4:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Jim Haugen, Casey Stotts and Bill Arndt. Member absent was Kay Peterson. Others present were John Rodeberg, Director of Public Works and Marc Sebora, City Attorney. 2. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF PURCHASE AGREEMENT FOR PROPERTY LOCATED AT 145 2ND AVENUE SE Jerome Swenson. 145 2 "a Avenue SE. presented before the Council. Mr. Swenson noted for the - Council that he was present if the Council should have any questions. Dale Baker, 1373 Heritage Avenue, presented before the Council. Mr. Baker encouraged the Council to review the way that tax dollars are being spent. He asked the Council to justify the purchase. He expressed that he felt the Council should have discussed this matter in open session before direction was given to staff to enter into a purchase agreement. He continued to express that the Council needs to carefully review how this purchase will be paid for and where other cuts will be made. • Rebecca Bowers, Planning Director, presented before the Council. Ms. Bowers thanked the Council Members for holding the special meeting. Ms. Bowers explained that the topic of discussion is whether or not to purchase property adjacent to the City Center. Appropriations for property acquisition related to City Center expansion has been in the capital improvement plan for several years. C� Ms. Bowers reviewed activity that has occurred thus far regarding this property. A couple of closed sessions have been held regarding the purchase price and at one of the closed sessions, Council directed staff to offer a price on this property. At the last Council meeting this itefin was tabled. Since that time, Ms. Bowers has learned that two other contingency purchase agreements are hinged on the purchase of this property. The City offered to purchase this property for $107.500. Jerome Swenson explained to the Council that last May he called City staff and informed them that he was interested in selling his property if the City was interested. Since that time an appraisal of his property was completed and he met with Dan Wilson, a relocation consultant. Because Mr. Swenson believed that things were moving along favorably with the City, he entered into a purchase agreement for another piece of property in the City. Since the last Council meeting, Mr. Swenson has received an offer on his house for about $10,000- 15,000 less than the City has offered. He was not actively marketing his house during the negotiations with the City. Ann Willoby, Dominion Realty, presented before the Council. Ms. Willoby asked how the communication was broken down. Ms. Willoby indicated that several families' lives are at stake here and it has been disruptive to all of them. Mayor Cook noted that he has been speaking out against the purchase since it was first represented. He noted that he feels that it still does not have to move forward. 5c0 Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt -noted that he feels the City will not lose on the purchase of this property. He noted that the property is useable and will only appreciate in value over time. Although there are some unknowns as to whether or not the property will truly be needed for the City, however at this time it seems to be a prudent purchase. He has an appraisal noting that even as a vacant lot, the City can get the same asking price. Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that appropriations are in the Capital Improvement Plan, however the source of funds needs to be decided upon. Dale Baker p resented before the Council again. Mr. Baker noted that some properties do decline in value and the Council should keep that in mind. Mr. Baker also noted he was surprised to hear that the City had hired a consultant to negotiate this deal. He also noted that demolition costs need to be addressed. Dan Wilson, Wilson & Associates, presented before the Council. Mr. Wilson explained that his firm was hired to negotiate the property acquisition. Mr. Wilson clarified that he did not direct Mr. Swenson to sign a purchase agreement on another property with no contingency. However, Mr. Wilson stated that he had led Mr. Swenson to believe that the sale of the property would follow through. . Mayor Cook noted that the Council needs to decide if the property is needed by the City. Council Member Haugen noted that the idea of purchasing any of the properties on the south side of City Center is for future growth. However, the Council and staff cannot definitively determine when expansion would be needed. He noted that historically property that the City has wished to acquire has been two to three times higher than the original asking price. Haugen feels that the City will need this property at some time and it seems reasonable to consider it at this time. Council Member Arndt stated he spoke with a realtor earlier today and he indicated that this property is valuable and demolition costs should be minimal. Jerome Swenson presented before the Council. Mr. Swenson noted that he feels the City will not be able to acquire this property any cheaper than it is now. Lenny Rutledge, Building Official, presented before the Council. Mr. Rutledge spoke briefly about parking restrictions around the City Center. John Rodeberg, Director of Public Works, spoke about the Evergreen parking lot and the fact that it was not built as a municipal lot, but rather to serve Evergreen apartments. Motion by Stotts, second by Haugen, to reject this purchase agreement. Council Member Haugen noted that the Council needs to take ownership for the miscommunication and should reimburse the Swensons for the costs they have incurred. Roll call vote: Haugen — aye; Arndt — nay; Stotts — aye; Cook — aye. Motion carried 3 to 1. 3. ADJOURN Motion by Stotts, second by Haugen, to adjourn at 5:30 p.m. Motion carried unanimously. 5 (�) • MINUTES CANVASSING BOARD WEDNESDAY, NOVEMBER 8, 2006 The Special Meeting was called to order by Mayor Cook at 8:40 a.m. The following were present: Mayor Steve Cook, Council Member Bill Arndt, and Council Member Jim. Alsc present was City Attorney Marc Sebora. CANVASSING OF ELECTION RESULTS City Attorney Marc Sebora presented the Council with the sealed envelopes containing the count of ballots by precinct for the General City Election that was held November 7, 2006. Mayor Cook proceeded to canvass the election returns of Precincts 1 & 2 and Council Member Bill Arndt proceeded to canvass the election returns of Precinct 3. A motion was made by Haugen, seconded by Arndt, to certify the election results as submitted and to waive reading and adopt Resolution No. 13069. Motion carried unanimously. There being no further business to discuss, a motion was made by Arndt, seconded by Haugen, to adjourn the meeting at 8:55 a.m. Motion carried unanimously. • ATTEST: Gary D. Plotz, City Administrator • Steven W. Cook, Mayor n5 C-) MINUTES SPECIAL CITY COUNCIL MEETING WEDNESDAY, NOVEMBER 8, 2006 The Special Meeting was called to order by Mayor Cook at 9:00 a.m. The following were present: Mayor Steve Cook, Council Member Bill Arndt, and Council Member Jim. Also present were City Administrator Gary Plotz, City Attorney Marc Sebora, and Human Resources Director Brenda Ewing. PERFORMANCE REVIEW OF CITY ADMINISTRATOR A motion was made by Haugen, seconded by Arndt, to postpone holding the performance review. Haugen mentioned he felt it would be more beneficial to have more council members present for the review. He suggested resetting the review date and time at the next Council meeting. Seconded by Arndt. Motion carried unanimously. The meeting adjourned at 9:05 a.m. • ATTEST: Gary D. Plotz, City Administrator • Steven W. Cook, Mayor 5(c-) • BID OPENING LETTING NO. 15 /PROJECT NO. 06 -17 REVERSE OSMOSIS MEMBRANE ELEMENTS November 7, 2006 at 2:00 p.m. Present: Ken Merrill, Finance Director Kent Exner, City Engineer Melissa Starke, Recorder The Bid Opening was called to order at 2:00 p.m. by Ken Merrill. Mr. Merrill noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities. The reading of the Advertisement for Bids was waived and the following bids were opened and read aloud: Goldeneye Solutions Inc. Bid Price: $338,000.00 - 502 131h Ave. NW Little Falls, MN 56345 HMI Water /Layne Christensen Company Bid Price: $340,840.00 W229 N5005 Duplainville Road Pewaukee. WI 53072 Itasca Systems Bid Price : $375,894.27 6840 Shingle Creek Parkway Brooklyn Center, MN 55430 Siemens Water Technologies Corp. Bid Price: $327,555.90 4669 Shepherd Trail Rockford, IL 61103 Closed: 2:08 p.m. Steven W. Cook Mayor • ATTEST: Gary D. Plotz City Administrator 5�d) EDA Board of Directors Minutes of Meeting Friday, September 29, 2006 Members present in bold print: Members: Tim Ulrich Steve Jansick Jim Haugen Don Walser Duane Hoversten Casey Stotts Mike McGraw Marc Vaillancourt Staff: Miles Seppelt, EDA Executive Director Dan Sexton, EDA Assistant L Tim Ulrich called the meeting to order at 7:05 a.m. II. Approve Agenda- No action III. Review and Approve Meeting Minutes a. Review minutes from August 25"' EDA Board Meeting MIS/P: Hoversten, Jansick to approve the minutes from the August 25, 2006 EDA Board meeting as written. Passed unanimously. . b. Review minutes from August 15th Finance Team Meeting M/S/P: Haugen, Hoversten to approve the minutes from the August 15, 2006 Finance Team Meeting as written. Passed unanimously. IV. Review May Financial Statements Mr. Seppelt gave the following report: I i • On Pg 1 under operations for the EDA, there is $209,220 cash on hand. The total fund balance as of August 31, 2006 is $208,131. Total Mortgages Receivable is $76,608. • Pg 2 and 3 is the statement of revenue and expenses. The FDA continues to collect $�00 each month for the Wetherell Property. The EDA has generated a total of $4,000 to date for the year of 2006. Total expenses for the month of August equal $10,009. • Pg 4 under the EDA Loan Fund, the cash on hand is $120,399. The EDA has generated a fund balance of $145,399 to date the year of 2006. • Pg 5 under the EDA Downtown Loan Fund, cash on hand is $79,644. Mortgages receivable is currently $661,761. $79,644 has been collected this year for loan repayments. A total of $22,280 has been paid out thus far in 2006 including loans, downtown grant program, and miscellaneous. The balance sheet reflects revenues of $57,364 above expenditures. MIS/P: Jansick, Haugen to approve the August financial statements as presented. Passed unanimously. V. Director's Report • Miles Seppelt gave the following report: A. Goebel Land Transaction — The City has received confirmation form McLeod County that the EDA does own the two eastern Goebel properties. Some internal filing is still necessary. EDA Board Meeting September 29, 2006 Page 2 of 4 B. Cornerstone Commons — Currently window frames and plumbing is being installed. The streetscape • (sidewalk) in front of the building is scheduled to begin work October 9th. C. Warrior Manufacturing — The turnout for the ground- breaking ceremony was a great success. Presently the property has been cleared and further site prep will continue. Warrior is still proposing to be open and in operation April 15`h next spring. Mr. Seppelt informed the Board that the MIF grant application was turned in on September 28". It was discussed the revenues from that grant could be reinvested in the Industrial Park loan fund. D. EDA Budget / Levy — A presentation was given at the September 26h City Council meeting. There will be a public hearing at the next City Council meeting on October 11'h. E. EDAM Third Thursday Event — Thursday September 21" the Economic Development Association of Minnesota had their Third Thursday Event here in Hutchinson, to highlight the revitalization of the downtown and the process of creating the Downtown Master Plan. There was a walking tour of downtown success projects including the Liquor Hutch, State Theater, Comerstone and many more. F. Update on Industrial Park Lot Development — The preparations of the Wetherell Property are almost complete the EDA should expect another bill for some further grading to the site. Cost of site prep will N incorporated into the final cost of the proper ty. G. Retail Trade Analysis — The EDA will be co- sponsoring the Retail Trade Analysis Event at the Hutchinson Events Center on October 5'h. This event will provide business owners with information recourses to further improve their.business. H. Business Recruitment a. Nordic Components — This prospect is currently at a stand still with the interest of the company changing with the flow of business. Staff will continue to monitor. • b. Alexis Systems — Mr. Seppelt has received a portion of the company's financial plans, however he currently is waiting for historic and personal financial documents on the owner. Contact and discussion between staff and CVN officials are still open. Staff met with Ridgewater officials last week to discuss possibilities of utilizing their East Campus facility. The current proposal to use the facility by Alexis Systems under a 12 -14 month lease contract was well received. c. Baklund Tool & Design — A small business outside of the city limits is currently interested in moving into the industrial park. They are open to various possibilities. VI. Cenex Redevelopment Both parties have organized negotiation committees, which will hopefully meet within the near future. Appraisals for both parties have also been obtained. Mr. Seppelt commented on a DEED sponsored cleanup fund seminar that he had recently attended. He mentioned that there is a $279K Chemical Response & Reimbursement Account that could possibly be utilized for the cleanup of the Cenex site. To access these monies Cenex would have to apply for the funding. After discussions with Ehler's Financial Advisors there are other opportunities possible to off set the cleanup, acquisition, and demolition of buildings from the site. There was further discussion of the scope of this project, whether it should expand beyond its current boundaries. It was mentioned that the EDA should coordinate with other city departments to discuss future plans and goals for this river front area. VII. Partial Release of Mortgage — CGE Properties Mr. Seppelt informed the board that Mark Schiermen has sold the Cellular Building and is requesting a partial release of mortgage to accommodate the new purposed mortgage, which will • only include the Hennen's Building. GCa-)I EDA Board Meeting September 29, 2006 Page 3 of 4 • M/S/P: Ulrich, Hoverrsten motioned to approve of the partial release of mortgage. Passed unanimously, with Mr. Jansick abstaining from the vote. VIII. Pet Hospital Building Mr. Seppelt informed the board that there has been an on going open discussion with Mr. Jensen the attorney for the Rieters. They have proposed a value of $125,000 for the property and the inclusion of appraisal and attorney fees. He mentioned the limitations of the grant monies: $135,000 for acquisition and $10,000 for demolish. Those amounts are flexible and monies can be shifted between the two values not to exceed $145,000. Further discussion following concerning the ability to incorporate the attorney and appraisal fees within those grant monies. M/S/P: Hoversten, Jansick motioned to move forward with the purchase of the property for $125,000 with the incorporation of the acquisition and demolition costs being included within the $145,000 grant monies. Passed unanimously. IX. Inquiry to Purchase EDA Land (5.7 acres — former C.oebel Lots) Mr. Seppelt informed the board that an investor from Litchfield has inquired about purchasing the eastern two lots of the Goebel Property to construct storage sheds. He questioned whether this type of project was within the goals and vision of the EDA. Mr. Haugen followed by mentioning some of the goals of the EDA: to create jobs, strengthen Hutchinson's economic base, and facilitate business growth, retention and expansion. Further discussion followed with the mention of other available sites for this type of business and the overall availability of property within the • industrial park. X. Warrior Mfg. MIF Grant / Loan — set interest rate Mr. Ulrich began by informing the board that Mr. Seppelt had recently given a presentation to the City Council concerning the $200K MIF Grant that he is applying for, for Warrior. Mr. Seppelt followed by discussing the states recommendation to set the interest rate for this grant / loan'at between 2 -5 %. The Finance Team has recommended that the rate be set at 2.5% as a result of the perceived administrative burden Warrior Mfg. will have to accommodate by utilizing these funds. M/S/P: Jansick, Ulrich to approve the 2.5% interest rate on the $200K Loan via the MIF Grant. Passed unanimously. X1. Grant & Loan Applications Sian & Awning Grants Performance Chiropractic — Blaine MacDonald $2,000 M/S/P: Haugen, Jansick motioned to approve the $2,000 grant for Performance Chiropractic. Passed unanimously. Quiznos — Lori Kaping $2,000 M/S/P: Jansick, Hoversten motioned to approve the $2,000 grant for Quiznos. Passed unanimously. • (0tG-)I EDA Board Meeting September 29, 2006 Page 4 of 4 • 9Lg • XIII. Xrv. Mainstreet Antiques — Skip Quade $2,000 Was tabled pending further sign bids. Storefront Revitalization Matching Grant Mainstreet Antiques — Skip Quade $1,525 M/S/P: Hoversten, Jansick motioned to approve the $1,525 matching grant for Mainstreet Antiques. Passed unanimously. Bavarian Haus Restaurant — Woody Lamprecht $2,615 M/S/P: Haugen, Hoversten motioned to approve the $2,615 matching grant for the Bavarian Haus. Passed unanimously. 2 Main Street N. — Lorraine Meyer $3,956.52 — M/S/P: Ulrich, Jansick motioned to approve the $3,965.52 matching grant for the Meyer Property. Passed unanimously, with Mr. Haugen abstaining from the vote. Other Business Mr. Seppelt informed the board the Mayor had suggested incorporating the new 3M plant manager Mike Retterath to either the Finance Team or the EDA Board. The Finance Team has approved his position on their board. M/S/P: Jansick, Ulrich motioned to approve Mr. Retterath's position on the Finance Team. Passed unanimously. Mr. Ulrich discussed the request of the Mayor and the City Council to be updated on the EDA's actions via minutes. Mr. Ulrich mentioned that in keeping with the goals of the FDA that Bio-Science will continue to be a priority. Chamber CVB Update Mr. Vaillancourt gave the reported the following: • The revamped Leadership Institute is going great_ • The Arts & Crafts Fair went well. The fair is always adapting for the better. Revenues for the vendors were up, however attendance was down. The next meeting will be Friday. October 27, 2006 at 7:00 a.m. Xv. Adjourn The meeting adjourned at 8:30 a.m. Respectfully submitted, Dan Sexton FDA Assistant 11 LJ csCQ�ti C- 1'I "`1' OF' HI'TCH.INSON COUNT O BtJll,DIN III l.I'N�IBINGi11 ECHANICAL l'h:itMITS, ISSUEl3 :\N1] VALUATION Single Family Manufactured Home Window Replacement —Residential Reside — Residential Reroof — Residential Residential Addition/RgairfRemodel. Driveway Accessory Bldgs (sheds) Deck -- Residential Fence Basement Fiui,': Commercial New - Corrunercial Addition/Remodel Industrial — New Industrial Addition Remodel Buildin, s Demolished Miscellaneous Mechanical TOTAL PERIMITS ISSUED AND VAL.U.ATION Fur �:urrrl�a�isvrz C)cl�,rl�cr, ?(?�? No. of Permits 5 _ 1 Il 5 12 7 3 2 4 3 5 - 11 2 2 1 10 1 ?7 li 8 _ 135 f� Valuatiotl 29,000 959.000 289 3 - —+ - 43,000 35,400 42,000 35,000 33,760 180,010 2 0 Memo To: Mayor and City Council Members From: Brad Emans, Fire Chief Date: 11/01/06 Re: Monthly Update on Activities of the Fire Department The fire department responded to 32 general alarms in the month of October. Example of a few of the calls: • We responded to a residential house fire in the SW part of the city, the cause of the fire was a faulty dishwasher. The fire did approximately $150,000 damage to the structure and contents. • We responded to a garage fire in Hassan Valley Township, the cause of the fire was a heat lamp, • the fire did approximately $35,000 damage to the structure and the contents. • We responded to a manufactured home fire in the NW part of the city, the fire started in the laundry area, and did approximately $20,000 damage to the building and contents. • We responded to a vacant house fire in Hassan Valley Township that was being remodeled for future use, the cause of the fire was an outdoor wood burning stove, the fire did approximately $60,000 damage. • We responded to a large storage /workshop fire in Hassan Valley Township, the cause of the fire was a wet -cell battery charger, and did approximately $130,000 damage to the building and contents. This is the breakdown of the calls for the month: City: Residential Commercial /Industrial 9 Multi- family 4 School 2 Carbon Monoxide 3 Hazardous Material 1 Vehicle 0 Rescue 0 Medical 1 Grass 0 Sky -Wam 0 Good Will 0 Mutual Aid 0 Arson 0 Rural: Rescue 0 Grass Type 1 Medical 2 Residential 5 Farm Building 0 Hazardous Material 0 is Carbon Monoxide 0 Vehicle 0 Commercial /Industrial 0 Good Will 0 Arson 0 1 &6_Y • Drills I Meetings I Other Information • We conducted our annual fire officer reviews • We held our annual firefighter skills testing on two different training nights. We tested our firefighters on such items as: a. Hydrant hook -up b. Tanker fill procedure c. SCBA procedures / SCBA fill procedure d. Driving e. Engine operation f. Ariel operation g. Rescue tool operation • We finished our landscaping project in front of the fire station, with the funds for the statue, the paver- stones, and the plantings coming from the relief association fund raiser. This project was done as a tribute to all of the firefighters that have served the Hutchinson Fire District • We are very proud to announce that the city council has approved the purchase of a new fire engine. The new engine will be replacing an engine built in 1982. We expect to take delivery of the . new fire engine in the fall of 2007. This is just another example of our cities commitment to public safety Fire Prevention/ Public Relations • We conducted 39 fire prevention classes in the month of October, we had a total of 829 students participate in fire safety, fire prevention, and escape planning • We implemented our "Save -A- Life" battery / detector give -away program in an effort to assure that no home in the Hutchinson Fire District will be without a working smoke detector r1 LJ • We sent out our annual reminder to the churches in our district on Candle and Christmas tree safety • Page 2 to k • City of Hutchinson - Public Arts Commission September 19, 2006 4 PM, City Center Regular Meeting Minutes Members Present: Tom Wirt, Terry Kempfert, Joanne Wilmert, Steve Cook Members Absent: LuAnn Drazkowski, Dolf Moon, Rebecca Bowers Tom Wirt called the meeting to order at 4:10. Minutes from the July 18 meeting were approved. MPS Joanne/Terry Old Business • Update was given on a painting at Ridgewater. • Categories were looked at a u report dates reviewed. • Fire Fighter statue was placed in front of the Fire Department with a bench. Money was raised for this piece of art by the Fire Department • Suggestion was made to move meeting date to the 3rd Thursday. This will be on next month's agenda. New Business: • Some discussion was had on sources of funding for ongoing projects. • Meeting adjourned. MPS Joanne /Steve • (C(G�-)y U • r1 U Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, September 19, 2006, 7:00 AM Minutes 1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Becky Felling and Joel Kraft. Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON AUGUST 15, 2006 There were no corrections or additions to the minutes. Chairman Casey Stotts declared the August 15, 2006 Minutes Approved as Read. 3. FINANCIAL REPORTS Joel Kraft moved to approve the Financials unanimously. Becky Felling seconded and the motion carried 4. PARK TOWERS a. Jean Ward reviewed with the Board the 2007 Park Towers Operating Subsidy. b. Jean Ward reviewed with the Board the proposals for a facility assessment. Joel Kraft moved to approve the proposal from Center for Energy & Environment. Becky Felling seconded and the motion carried unanimously. c. Joel Kraft moved to approve Resolution 406 -13, Deletion of 3 Washers. Becky Felling seconded and the motion carved unanimously. d. Becky Felling moved to approve Resolution 406 -14 to Approve Maintenance Plan. Joel Kraft seconded and the motion carried unanimously. e. Jean Ward reviewed with the Board the 2007 flat rent proposal. Becky Felling moved to approve the Flat Rent for 2007. Joel Kraft seconded and the motion carried unanimously. f. FYI - • Violence Against Women • Email Release from St. Paul PHA HHPOP a. Joel Kraft moved to approve Rolling Meadows East, HHPOP Loan 48825. Becky seconded and the motion carried unanimously. b. Joel Kraft moved to approve the Keith Heikes as a HHPOP Lender. Becky Felling seconded and the motion carried unanimously. c. Jean updated the Board on the CASA Taskforce meeting and what she is going to include in the Application. 6. SCHOOL CONSTRUCTION PROGRAM UPDATE a. Jean Ward reviewed with the Board the final net proceeds statement for 2005/2006 School Construction house. 7. UPDATE ON REHAB APPLICATION TO DEED Jean Ward reviewed with the Board the proposed contract with SWMNHP for the SCDP Grant Application. Becky Felling moved to approve the contract with SWMNHP for the SCDP Grant Application. Joel Kraft seconded and the motion carried unanimously. CONSIDERATION OF CREATING A TASK FORCE FOR PREPARATION OF DISASTER PLAN The Board decided to just have Jean/Staffto prepare the disaster plan. September 19, 2006 Minutes Pagel of 2 (0 La` • 9. REVIEW OF INTERESTED CANDIDATES FOR HRA BOARD POSITION The Board discussed the applicants and what they felt was important criteria that the new board member should have. Joel Kraft moved to approve whomever the Chairman of the BRA Board found out to have more of the criteria they had discussed. Becky Felling seconded and the motion carried unanimously. 10. UPDATE ON COMMUNITY LAND TRUST MEETING Joel Kraft informed the Board on what was discussed at the CLT meeting. • \J 11. ADJOURNMENT There being no other business, Chairman Casey Stotts declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director Becky FeMng, Secretary/Treasurer September 19, 2006 Minutes Page 2 of 2 �� Minutes Hutchinson Public Library Board September 25, 2006 • Members present: John Hassinger, Julie Jensen, John Paulsen, Yvonne Johnson, and Janet Vacek. Ex -Officio Mary Henke and Sherry Lund Members absent: Ann Vance and Kay Peterson President Julie Jensen called the meeting to order. John Paulsen moved to approve the minutes from the August 28 meeting and John Hassinger seconded the motion. Passed. Reports: 1. Sherry Lund reported on a very successful children's summer reading program. This year, 467 children signed up compared to 370 last year. 175 children met their reading goods for the entire 10 weeks of the program. Each week, Stories in the Park was held with Ron McGraw and Joyce Beytien as readers. The summer programming ended with 425 children and parents attending the Schiff elly Puppet Show sponsored by the Friends of the Library. The theme for next year's program is " Go Bananas at the Library" with zoo animals especially monkeys. 2. Mary attended both the Pioneerland Library (PLS) board meeting and the Technology Committee meeting on Sept. 21. The Technologv Committee is worR.ng on revisiuns c: the Internet safety and registration policies. Challenges are deciding policy vs. procedure and determining when all PLS libraries must operate the same and when there can be local differences. At PLS board meeting, John Houlahan reported that there will not be as large a cut in funding as first reported. The board is working on an effort to increase state aid to regional library systems. Health insurance rates are up. The Collection Development Committee gave their first report, citing a number of goals they have set. Old Business: • 1. Capital improvement projects A. Mary had the west windows on the main level looked at and the consensus was that they don't need replacing at this time. It was decided to not recommend replacing the present blinds with vertical brmds with the $13,000 available. The windows will be replaced as they show signs of fogging. B. Reupholstering furniture: Mary presented 2 preliminary estimates. The paperwork' needs to be to the city for approval of a purchase order by the end of the year. The work needs to be completed by Feb. 28, 2007. Mary and Ju4e will kook at fabric samples from both upholsterers to check on what's available. 2. 2007 city and county budget requests: Bev Wangerin reported that $160,000 of the' requested $162,541 was budgeted for McLeod Co. libraries. Kay Peterson said that the PLS amount requested from the city is in the budget. 3. Alternative Energy Community forum: John Hassinger was able to get Dave Winkelman speak for a reduced fee of $100. Friends of the Library will pay the fee as well as mileage. We'll contact the Hutchinson Utilities about donating energy efficient fight bulbs to be given away at the program. John Hassinger will introduce Dave and board members are asked come at 6:15 p.m. to help with set -up with the program starting at 7:00 p.m. 4. The Arts and Crafts Used Book Sale on Sept. 15 and 16 raised $1,138 with a matching 2 for 1 Thrivent grant up to $400. This is a Friends of the Library fundraiser. New Business: 1. Mary Henke, Jute Jensen, and Sherry Lund will attend the Minnesota Library Conference Sept. 27 -29 at St. Cloud. John Hassinger asked that a Christmas stipend for the staff be on the agenda for next month's meeting. John Hassinger moved that the meeting be adjourned with John Paulsen seconding. • Motion passed. Our next meeting will be on Monday, Oct. 23 at 4:30 p.m. Respectfully submitted, Janet Vacek, Co-Secretary � (Q* 11 • +HUTCHINSON AIRPORT COMMISSION September 28, 2006 5:30 p.m. Airport Arrival/Departure Building Minutes Members present: Dave Skaar, Chuck Brill, Doug McGraw, Joel Schwarze Members absent: Dick Freeman Others Present: John Olson, City of Hutchinson; Sonja Muellerleile, City of Hutchinson; Tom Parker, Hutchinson Aviation; Andy Kirchoff, Life Link 111; Julie Neuharth, Brent Reiner, Craig Reiner, Tim Miller, Joe Dooley (Aircraft owners) Meeting called to order at 5:30 p.m. There was a quorum of members present. L Approve Minutes of June 29, 2006 meeting Motion made by-Brill, second b }McGraw to approve minutes. Unanimous Approva6 2. Airport Commission Appointment. Chuck Brill's term expires in September 2006. Chuck is eligible for reappointment. The Commission sought Brill's reappointment and requested City staff inform the Council of Brill's desire for reappointment. 3. Life Link III Property Lease. Andy Kirchoff, CEO of Life Link 111, presented before the Commission. He reported that activity at the airport is going well. Mr. Kirchoff reported that Life Link III hadjust gone through an accreditation process and had received provisional accreditation. The results of the process are forthcoming and anv changes, along with those requested by the Airport, and would be worked one at the same time. Kirchoff reported that growth of Life Link 111 has precluded activity here in Hutchinson, as the organization now has aircraft in New Richmond, WI, Flying Cloud Airport in Eden Prairie, in St. Cloud and here in Hutchinson. The amount of activity has made focusing on Hutchinson difficult, and because of the late date, construction in Hutchinson could not start until next construction season. The Commission appointed Olson to discuss the results of the accreditation report with Kirchoff, and discuss the potential for a concrete pad at the SW comer of the apron and burying the electrical hookup for the helicopter before winter sets in. Motion made by Schwarze, second by Brill to recommend extension of the existing lease for a period ending November 30, 2006. This length of time would allow a new lease to be drafted and approved by Council. Unanimous approval. 4. 2006 Airport Improvements —T- Hangar construction Olson updated the Commission on progress to date for the 2006 project. The bid review is complete. The contract & insurance are in for signature, and the contractor sent shop drawings to TKDA Engineers /Architects this week. The building colors were selected to match the color scheme of existing private hangars. TKDA has surveyed the building site, which will leave approximately 50' of apron on the north side of the building. This configuration will allow movement of the larger aircraft operated by the private hangar tenants. In the near future, a pre - construction meeting will be held, where the contractor will deliver a schedule and inform us of when construction will begin. Olson reported that references of the contractor were contacted. Olson contacted Owatonna Airport (Dave Beaver) and received a good report. Jackson Airport (Dean Albrecht) was also contacted, again, a good report, however, he noted that we should avoid use of skylights. Olson addressed the potential for `sweating' in the new hangar. There will be some sweating in the hangars, that is typical for this type of construction and for the fact the building is unheated. Ridge vents can be installed • with the project, or after - the -fact. However, a ridge vent works best with soffits in combination with the chimney affect' of a more steeply pitched roof. There would be some movement of air, however, as the building is not designed to be tight, like an insulated building would be, the partitions between hangars are also 6) about 2" above the floor, and finally, there is air movement when hangar doors are opened. The contractor will, however, provide the estimated cost of installing a ridge vent, which can be done after - the -fact, as well. The references contacted reported some seasonal sweating as being `the nature of the beast' for this type of • building. General drainage from the hangar should be roughly split by the building, with east side of building draining into the swale west of existing private hangars. Drainage on west side of building should drain over apron to grass area east of new hangar site. Gutter drainage would need to be brought to the ends of the building, as nearly all wall space is made up of doors. Drainage ways remain generally the same (east/west flows nearly split evenly), but are concentrated at the building comers. Olson reported positive response for use of gutters from Jackson Airport. They've experienced fewer ice -up problems in front of hangar doors with their Midland Bi -Fold hangars with gutters. 5. Close -out of existing federal projects Olson reported on progress regarding close -out of existing federal projects. For the 2004 project — all but one TKDA bill has been submitted for payment. For the 2005 project — all but the electrical portion has been submitted for payment. Electrical issues have been resolved between the engineers and suppliers. Uni- directional REILS will be installed instead of omni- directional REILS. Work should progress soon now that these issues have been resolved. 6. Review private and /or commercial operations activity. Commercial Hangar. Discussion was held regarding whether a commercial hangar intended primarily for storage, built in the commercial area, would need to install a working restroom or only rough -in water and sewer services to comply. The Commission decided to take each future application on its own merits. 7. Hangar Rental Policy. There was significant discussion relative to the current hangar waiting list policy, and to the process currently used to identify potential hangar tenants. City staff will present a draft policy to Commissioners for their review prior to the next meeting. The policy will be discussed in detail at the next • Airport Commission meeting. 8. Hangar Tenants. A motion was made by McGraw, second by Schwarze to give James Mona thirty (30) days to complete and sign a hangar lease agreement, or face possible eviction. Unanimous approval. City staff was' also directed to notify Tim Huiras that he has sixty (60) days to comply with the terms of the lease agreement and present an aircraft registration document or a lease document showing his interest in a registered aircraft. 9. Other Discussion. A copy of the most recent financial report for the airport was included in Commission packets for review. 10. New Business Brill reported tom insulation on the hangar door in the maintenance hangar and requested that it be repaired) City staff will address this issue. A motion was made by Schwarze, second by McGraw to request addition of high -speed intemet connections at the airport. This would benefit the current weather information system and would allow pilots to access the intemet in the pilots' lounge. Unanimous approval. At 7:30, a motion to adjourn was made by Schwarze, second by McGraw. Unanimous approval. NEXT MEETING: Tentatively scheduled for October 26, 2006 at 5:30 at the Airport Conference Room L.J 4 (0_7 MINUTES Parks, Recreation & Community Education Advisory Board • October 2, 2006 Members present were: Bill Arndt, Beth Hepola, Deane Dietel, Kirk Kesel, Mike Cannon, Mike Retterath and Julie Ashbaugh. Also present were Dolf Moon and Karen McKay. The meeting was called to order at 5:20 pm. A motion was made by Beth Hepola and seconded by Bill Arndt to approve the minutes dated August 7, 2006. The board unanimously agreed. OLD BUSINESS Budgeting For Outcomes (BFO) — The Board reviewed the combined results of services offered to tax payers. The ratings were derived from a one to five value system. 49 Participants were given $ i 00 to spend and were asked to choose services. 16% were interested in the Parks & Recreation (Senior, Library, and Family Services). 22% would be willing to spend more money for additional services. . The executive summary will compare other communities with departments in the City. Disc Golf —A meeting was scheduled for Friday, September 29 with a St. Cloud citizen who designs •disc golf courses. South Park is the preferred area; Ws near Park Elementary School, there's plenty of parking available and the park is underutilized at this time. The outlay will be drawn in an AutoCAD program. Installation could take place in the spring. Shane Kruse, a disc golf enthusiast, wants to fund raise $5,000 for the project. He is also interested in teaching the game of disc golf to physical education students at Park Elementary and individuals through Community Education classes. 2007 Park & Recreation Budget — There hasn't been a lot of discussion regarding the 2007 budget. It is generally approved in the fourth quarter. Dolf has requested a new hire in the Parks Division beginning the second half of the year. They will help maintain the new landscape and holding ponds created by the Highway 7/15 renovation project. NEW BUSINESS Half Pennv Sales Tax — A group is being formed that will prioritize projects to be funded by the tax. Members of the group will include two or three citizens, school staff, and employees from large employers such as 3M. Legislative action is needed and a vote would take place during a general election if pursued. Fall Programming — Youth recreation programs are in full swing. There are 304 tackle football players, 89 grade K -1 and 101 grade 3 -4 flag football players. There are 207 soccer participants in grades K -6 and 34 in the middle school level. There are 22 girls and 15 boys at the high school that have formed a soccer club, but they have nowhere to play games. Girls volleyball for grades 3 -5 has •47 participants and there are 75 registered at the middle school level. There are currently 61 participants registered for figure skating lessons which begin in late October. (P Ccl--)g MINUTES PRCE Advisory Board October 2, 2006 Page Two Youth basketball registration it taking place through the PRCE office and city staff will help schedule facilities and write schedules. Practice and games for the younger participants will be at the Rec Center, Park Elementary and Middle School Gyms. In previous years, the primary location for Youth Basketball was at the Fair Grounds where there are four concrete courts. The fifth and sixth grade traveling teams will continue to practice and have their games at the fairgrounds. All day every day kindergarten has 62 students enrolled. The tuition fee covers faculty and supplies which cost $93,000. Project Updates • Millers Woods — The 24 acre oak savannah park has been seeded and mowed this fall. The center area was blooming with flowers in the summer. The pat'k will he mowed one more t;rnP i�i� f�ii before the snow and there will be a controlled burn in the spring in cooperation with the Fire Department. A bituminous surface will be added to the 12 stall parking area this fall and an interpretative walkway will be completed next spring. • Firemans Park —The area has been cleared out due to the Hwy. 7/15 construction. The foot bridge will be reconditioned, foot paths will be added and native trees will be planted. The city is working with the DNR and fisheries to rip rap along the river bank and add rocks to stand on for fishing. • Rolling Meadows — There are 87 homes in the association. Homeowners are required to pay association fees and are asked to volunteer with the up keep of amenities in the development such as landscaping, walking path and the water pond. There hasn't been 100% participation in paying the fees or volunteering. The association is considering turning over the maintenance of the area to the city. If that happens, an assessment fee may be charged to homeowners. The development includes just under an acre of property. • Harrington/Merrill House — Fundraising for the project has been going well. The Citizens Bank/Burich Foundation has donated up to $50,000 and is challenging other groups to match the funds. 3M donated $10,000 to the project two years ago for educational components on the grounds. A couple of trees have been removed from the property; the timber has been taken to the saw mill for re -use on the property. BOARD MEMBER ITEMS -A meeting is scheduled for October 26"' regarding the Luce Line Trail and the next step toward improvements and funding options. -A portion of the South Grade Road 'Frail is paved. The portion from Island Heights to the Word of Life Church should be done for safety reasons. ADJOURNMENT The meeting was adjourned at 6:20 pm by a motion made by Bill Arndt, seconded by Deane Dietel. The board unanimously agreed. klm (p C0.) i5 0 0 DEFERRED ENERGY COST - MISO "i CLEARING ACCOUNT _SALES_ TA%_.RECEIVABLB__ TOTAL CURRENT & ACCRUED ASSETS DEFERRER. CHARGE _ _ -„ BOND DISCOUNT 2003" TOTAL DEFERRED CHARGE TOTAL ASSETS 1259, 772. 46 100,000.00 -8.07, 936.49 - -- - -- 518,033.16 1,204,197.67 2,289,939.78 3,878,841.33 3,.132,422.55 1,173,288.58 77, 265. 50 84, 160. 15 4, 275. 73 15,343.47 546.22 30, 045. 44. 8, 396, 188. 97 i572, 157. 40 572,157,40 65,760,428 32 0 11 i i 0 BALANCE SHEET FUTURE EXPANSION 8, DEVELOPMENT SEPTEMBER 30, 2006 *' RATE STABILIZATION FUND - ELECTRIC RATE STABILIZATION FUND - GAS TOTAL a c c t TOTAL RESTRICTED FUNDS & ACCOUNTS CURRENT & ACCRUED ASSETS ASSETS ACCOUNTS RECEIVABLE UIILI_TY PLANT. -. fiLS9S_L.— .1 _.__.INVENTORIES._._ PREPAID INSURANC� LAND R, LAND RIGHTS 2,653.391.68 ocu0v DEPRECIABLE UTILITY PLANT 1021794,441.91 TOTAL PLANT 109, 447, 833 59 "I LESS ACCUMULATED DEPRECIATION (33,922,035.04) TOTAL ACCUMULATED DEPRECIATION,'- _.._ _. _.. __._.__._ —_ ___. .i. (33 . 922, 035, 04) CONSTRUCTION IN PROGRESS 2,976,343.62 TOTAL. CONSTRUCTION_ IN PROGRESS _.. _ _ _ __ _,_, 976, 343 62 i TOTAL UTILITY PLANT DEPREC VALUE i 74,502,142.17 DEFERRED ENERGY COST - MISO "i CLEARING ACCOUNT _SALES_ TA%_.RECEIVABLB__ TOTAL CURRENT & ACCRUED ASSETS DEFERRER. CHARGE _ _ -„ BOND DISCOUNT 2003" TOTAL DEFERRED CHARGE TOTAL ASSETS 1259, 772. 46 100,000.00 -8.07, 936.49 - -- - -- 518,033.16 1,204,197.67 2,289,939.78 3,878,841.33 3,.132,422.55 1,173,288.58 77, 265. 50 84, 160. 15 4, 275. 73 15,343.47 546.22 30, 045. 44. 8, 396, 188. 97 i572, 157. 40 572,157,40 65,760,428 32 0 11 i i 0 RESTRICTED FUNDS & ACCOUNTS FUTURE EXPANSION 8, DEVELOPMENT MEDICAL INSURANCE _- *' RATE STABILIZATION FUND - ELECTRIC RATE STABILIZATION FUND - GAS _ -BOND G_INTE -RESS PAYMENT 2003, TOTAL RESTRICTED FUNDS & ACCOUNTS CURRENT & ACCRUED ASSETS CASH IN BANK •, ACCOUNTS RECEIVABLE ' _.__.INVENTORIES._._ PREPAID INSURANC� PREPAID MAINTENANCE AGREEMENT ocu0v DEFERRED ENERGY COST - MISO "i CLEARING ACCOUNT _SALES_ TA%_.RECEIVABLB__ TOTAL CURRENT & ACCRUED ASSETS DEFERRER. CHARGE _ _ -„ BOND DISCOUNT 2003" TOTAL DEFERRED CHARGE TOTAL ASSETS 1259, 772. 46 100,000.00 -8.07, 936.49 - -- - -- 518,033.16 1,204,197.67 2,289,939.78 3,878,841.33 3,.132,422.55 1,173,288.58 77, 265. 50 84, 160. 15 4, 275. 73 15,343.47 546.22 30, 045. 44. 8, 396, 188. 97 i572, 157. 40 572,157,40 65,760,428 32 0 11 i i 0 • E SHEET SEPT 30, 2006 e e c u TOTAL* u 50, 733, 782 03 3,049,332.02 53, 78- 14.05 28,780,000.00 28, 780, 000. 00 107,671.74 107,671 74 r 2,3 2 007.67 Q,652.87 387,469.16 214,150.52 (214,064. 27) 39,370.99 _,. 16, 119, 42 128, 220. 00 5, 720, 17 3, 089, 642. 53 (35, 760, 428, 32 • MUNICIPAL EQUITY & LIABILITIES - .......MUNICIPAL - EQUITY- MUNICIPAL EQUITY UNAPPROPRIATED RETAINED EARNINGS _.. TOTAL_MUNIC.IPAL. EQUITY LONG TERM LIABILITIES -NET OF CURREr1T.. MATURITIES 2003 BONDS TOTAL LONG TERM LIABILITIES ' CONSTR CONTRACTS & ACCTS PAY RETAIN ACCRUED EXPENSES - RETAINAGE i�. .- .TOIAL__fONSTRUCTSON_k A"T^a_PAY _ "i CURRENT & ACCRUED LIABILITIES i'0 ACCOUNTS PAYApE_ ACCOUNTS PAYABLE - MISO INTEREST ACCRUED ACCRUED_ VACATLON. PAYABLE.._ ACCRUED MEDICAL FUND ACCRUED REC PAYMENT ACCRUED.. SEVERANCE CUSTOMER. DEPOSITS OTHER CURRENT & ACCRUED LIABILITIES TOTAL_ CURRENT-&. ACCRUED LIAD �r li rll ha TOTAL MUNICIPAL EQUITY & LIAB e e c u TOTAL* u 50, 733, 782 03 3,049,332.02 53, 78- 14.05 28,780,000.00 28, 780, 000. 00 107,671.74 107,671 74 r 2,3 2 007.67 Q,652.87 387,469.16 214,150.52 (214,064. 27) 39,370.99 _,. 16, 119, 42 128, 220. 00 5, 720, 17 3, 089, 642. 53 (35, 760, 428, 32 • 11 0 INCOME STATEMENT OPERATINfi REVENUE SALES - ELECTRIC ENERGY SALES FOR RESALE "1 NET INCOME. FROM OTHER _SOURCES SECURITY LIGHTS POLE RENTAL I ".. .. _ SALES-- GAS NEW ULM TRANSPORTATION TRANSPORTATION - ELECTRIC DIVISION ° -. _.. TOTA(„_OPERATI_NG. REVENUE _ OPERATING EXPENSES STATEMENT COME & EXPENSES SEPT 0 30, 2006 1 PREVIOUS CURRENT YEAR TO DATE YEAR TO DATE BUDGETED BUDGET YEAR TO DATE DEVIA71ON 18,780,442.32 OP_ERATION.. 20 823,131.52 20,998,886.00 91 224,243.52 920,899.15 58 781,484.65 18 480,000.00 ._2RODULTION. PRODUCTION MAINTENANCE 301,484.65 11 138,480.97 _ 56 196,_846.48 -00 138,750.00 44 58,096.48 00 _ 8,196.00 PURCHASED POWER ___ 8,160.00 07 ..__._ � 8, 290. _ obi - — __. '- (90.00) 1,666.50 63) 1,666.50 1,500.06 OTHER POWER, SUPPLY... 166.50 80 7,997,.044_20__ ._6,,699,687.30 Q0 _. 8,690,993.00 __..— (31,265, 70) 495,170 41 493,216.46 00 612,900.00, (119, 283, 94) .00 825,002 00 825,000.00 TRANSMISSION MAINTENANCE 2.00 73 2B,341,959.59 31,789,194.91 J1,355,841 00, 433,353.91 • 27,103,800.00 500,000.00 _189,000.00 2,000.00 0,813 23 11100,000.00 42, 499, 279. 90 OPERATING INCOME OTHER INCOME OTHER - NET INTEREST INCOME MI5C _INCOME.__ _... GAIN ON DISPOSAL - GAS LOSS ON DISPOSAL - ELECTRIC TOTAL OTHER INCOME _ OTHER EXPENSES 2 627,842 OP_ERATION.. 3,682,7e6.05 2,771,371, 91 3, 448, 8349_ _ _ 677, 462, 58 4, 019, 205. 18 -- 88, 244.49 ._2RODULTION. PRODUCTION MAINTENANCE 263,963 11 249,690. _ 56 317,250.00 -00 67,559. 44 423,000 00 48,750.00 PURCHASED POWER 11,864,478 07 12,922,449. 31 1,920,536.68 (993,912 63) 15,695,443.00 736,388.22 OTHER POWER, SUPPLY... 373,_772 80 44,347.14 297, 750. Q0 _. _ 53_,402.86 __..— 397,000.00 _ TRANSMISSION OPERATION 76.89 00 _ 1,958.20 1,560.0P (458.201 6, 00.00 05,302 TRANSMISSION MAINTENANCE 7,615 73 9,329.48 4. 900.00 (829.48) 6,000.00 ELECTRIC. DISTRIBUTION OPERATION. 187,,314 73 _ 60,625.00 - _ _ - _.. 29,263.39 _ 347,500.00 _... _. _._ ELECTRIC DISTRIBUTION MAINTENANCE _ 139,829 5709,482 _ __231,361.61 29 5 b5. 006,142.7167,900.00 PURCHASED GAS EXPENSE 6,534,268 67 6,778,887.51 7,348,528.10 549,640.59 10,777,247.21 GAS TRANSMISSION OPERATION 39 52,732 52 1 63,750.00 11,017,48 85,000.00 _._ GAS TRANSMISSION MAINTENANCE ,.55,234 1,585.66 _ 6,229.24 35, 250, OQ 29,020.76 4/, M0 . 0 GAS DISTRIBUTION OPERATION 231,982.25 275,761.08 235,071. 73 (40,689.33) 313,429.00 GAS DSSTR_ I$ 1l ISDIi. MAINLENANCE 63 _.... _._. _59, 78997__ ___ 97,125, 00 37,335. 03 129, 500. 00 _ CUSTOMER ACCOUNTING & COLLECTIONS _.73,_879 214,320.41 237,069.95 223, 292 25, (13,773.70) 297,723.00 SALES EXPENSE 26,287.89 193,834.47 193,128.56 (705.91) 257,504.75 ADMINISTRATIVE t GENERAL EXPENSES 1,464,089,08 1,680,189. 62 1,599,009.75 (81,179.67) 2,132,013.00 DEPRECIATION 2,214,298.71 2, 285,928.00 2 285,7922. -75 (5.257 3,047, 897. TOTAL OPERATING EXPENSES 25,714,017.40 28,1064408. 86 28,445,,999.33 339,290.47 38, 144,962, 14 OPERATING INCOME OTHER INCOME OTHER - NET INTEREST INCOME MI5C _INCOME.__ _... GAIN ON DISPOSAL - GAS LOSS ON DISPOSAL - ELECTRIC TOTAL OTHER INCOME _ OTHER EXPENSES 2 627,842 15 3,682,7e6.05 2,910,141.67 772,644.38 4,354,317.76 191,836. 94 -- 88, 244.49 00.00 - 37, 5-00- 50,744. 49 -- - �— 7u• 0y0. -00 51,141.29 133,349.81 48,750.00 84,599.81 65,000.00 2,324_.21 750,113 22 13,725.00 736,388.22 _— :... 18,300.00 - -. __. 129,742.95 -_.... _. _.- .00 __..— 129,742.95 00 .00 00 (10,895.94) .00 (10,895.94) .00 05,302 44 1,090,554.53 99,975.00 990,579.53 133,300.00 1' �XPiNSES _ 88,959.46 82,922.04 81".000.00 i INTEREST EXPENSE 886,661.21 074,059.27 069,738.45 TOTAL OTHER EXPENSES 975,620.67 956,977.31 990,738.45 04) (6,238.86) CONTRIBUTION TO CITY 730,412 50 767,031.25 766,631.29 .(4�0 fib) TOTAL CONTRIBUTION TO CITY 730,412.50 767,031.25 766,631.25 (400.00) N N- OPERATING INCOME NET INCOME _.. _. _._.. On_ 11 500, 730 73) (633,454 03) �(i,617,394. 70) 127, Ill. 42 3,049, 332. 02 1 292,746.97 1,756,585.05 108,000.00 1,159,651.26 1, 267, 651, 26 1, 022, 175. 00 �T- 2,197,791.50 I6 0 C • 10th 10th 11th loth 9th 9th 8th Bth 8th 8th 8th 8th 7th 7th 7th 7th 5th 5th 5th 3rd 3rd 5th 7th 10th Still 8th 8111 7th 7th 8th 6th 6th 5th 5th 4th 4th 4th 3rd 3rd 3rd RESOLUTION 13068 CERTIFICATION OF ASSESSMENTS OF THE CITY OF HUTCHINSON TO THE COUNTY OF MECLEOD BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA COUNTY OF MCLEOD, STATE OF MINNESOTA That the following embraces unpaid assessments levied by the City Coundl of Hutchinson, Minnesota, under Statutes Sec. 429.011 to 429.111 for the various assessment, of the City of Hutchinson, to be levied and assessed upon the properties as listed for Vie following purposes for the current year. and that a copy thereof be ,ant to the County Auditor of said McLeod County , Minnesota: WATERMAIN AND SANITARY SEWER Installment of 10 yr assessment Roll #5015 Installment of 10 yr assessment Roll #5018 Installment of 10 yr assessment Rol #5019 installment of 10 yr assessment Roll #5020 Installment of 9 yr assessment Roll #5018A installment of 10 yr assessment Roll #5022 installment of 10 yr assessment Rol #5025 installment of 10 yr assessment Roll 95029 Installment of 10 yr assessment Roll #5031 installment of 10 yr assessment Roll #5032 Installment of 10 yr assessment Roll #5015B installment of 10 yr assessment Roll #5020A installment of ICyr assessment Roll #5015C installment of 10 yr assessment Roll #5039 installment of 10 yr assessment Roll #5040 installment of 10 yr assessment Roll #5D44 installment of 10yr assessment Roll #5050 installment of 1 Cyr assessment Roll#5054 Installment of 1 Cyr assessment RoIW5056 installment of I Cyr assessment Roll #5070 Installment of l Cyr assessment Roll#5071 MILL AND OVERLAY Installment of 10yr assessment Rol #5055 97 -25 San Sewer 97 -28 Trunk Sanitary Sewer 95-04 San Sewer 97 San Sewer 97 -28 Trunk Sanitary Sewer 98 -1$ Sanitary Sewer 99-08 Water Main 99/314 San Sewer. Water Main 99-10 Sanitary Sewer, Water Main 99 -35 Water Mein Sanitary Sewer 97 pro], Water Main 97 prof, Water Main 97 prof, Sanitary Sewer 2000- 12-13 -17 Sanitary Sewer, Water main 2000-17 Sanitary Serer 2000 -13 Sanitary Sewer, Water Main 2001 Sanitary Sewer, Water Mein 11 -12/02 Sanitary Sewer, Water Mein 06102 Sanitary Sewer, Water Main 04 -03 Sanitary Sewer 04 -13 Sanitary Sewer 02-06 Mill and Ovedey WATER ACCESSES FEES Installment of 10yr assessment ROIIN5D44A water acc fees STORM SEWER installment of 10 yr assessment Roll #5016 Installment of 9 yr assessment Roll 41 16A installment of 10 yr assessment Roll #5027 Installment of 10 yr assessment Roll #5028 Installment of 1D yr assessment Roil #5037 installment of 10 yr assessment Roll #5041 installment of 8yr assessment Roll #60180 Installment of 1Oyr assessment Roll #5048 installment of 10yr assessment Roll #5049 installment of 10yr assessment RoIW5058 installment of 10yr assessment Roll #5059 Installment of 10yr assessment Roll #5063 installment of 10yr assessment Roll #5064 installment of t0yr assessment Roll#5059C installment of 10yr assessment Ro1W5066 Installment of 10yr assessment Roll#5067 installment of 10yr assessment Roll #5068 d: l assessrne12OO6certification1O:38 AM 97 -28 san Sewer 97 -28 Son Sewer 99 -13 Storm Sewer 99 -34 Storm Sewer 2000.5.6 Sic" Sewer 2000 -20 Storm Sewer 9748 San Sewer 2001 Storm Sewer 2001 Stcm1 Server 02.16/02 Storm Sewer 02 -18!02 Storm Sewer 03-17 Storm Sewer 03-19 Storm Sewer 02 -18/02 Storm Sewer 04-DW Storm Sewer 0405 Storm Sewer 0409 Storm Sewer (0 (b)I • 981 8th 8th 8th 6th Bth 7th 7th 7th 7th 7M 7th 6th 6th 6th 6th 6th 6M 6th 6th 6th 6th 6th 97 -021videning !grad irlp 98-04 Street 97 -30 Grading Bit and Base 99 -22 Blt -Base 99 -36 Bit War course 99-39 Sub-grade & appur 2000 -24 Street 02 -01102 Grading Gravel, Bituminaus Base 03 -05 Bituminous Surfacing 03.19 Lateral Trunk ROW 05 -07 Street surfacing 05-04 & 0505 Sidewalk & street Iii 06 -04105-06 Concrete Side walk 2000-02 Trunk Sewer 2DOiprcj19412 03-01 Trunk & Lateral Sanhery Sewer 05-10 Tmnk & Lateral Storm Sewer 0603 Lateral Storm & Sewer 98-18 hospital parking lot 2001 sidewalk project Plaza 15 Parking lot installment of 10 yr assessment RoIW5024 1996 Mlsc DEFERRED ASSESSMENT ROLLS ACTIVATED FOR COLLECTION Installment of 10 yr assessment 3rd Installment of 1Cyr assessment RoIWSD69 04-10 Storm Sewer • 3rd installment of 10yr assessment Rolt#5059D 02 -09 Storm Sewer Installment of 10 yr assessment 2nd installment of 1 Cyr assessment Rol 1#5072 04-04 Stone Sewer Roll #5021 B 2nd Installment of 10yr assessment RoIW5077 05.17 Storm Sewer installment of 10yr assessment list Installment of 1Cyr assessment RoIW5079 06 -01 Storm Sewer 801 tat Installment of 6 yr assessment RoRNSD81 06 -07106 -09 Stomn Sewer • 981 8th 8th 8th 6th Bth 7th 7th 7th 7th 7M 7th 6th 6th 6th 6th 6th 6M 6th 6th 6th 6th 6th 97 -021videning !grad irlp 98-04 Street 97 -30 Grading Bit and Base 99 -22 Blt -Base 99 -36 Bit War course 99-39 Sub-grade & appur 2000 -24 Street 02 -01102 Grading Gravel, Bituminaus Base 03 -05 Bituminous Surfacing 03.19 Lateral Trunk ROW 05 -07 Street surfacing 05-04 & 0505 Sidewalk & street Iii 06 -04105-06 Concrete Side walk 2000-02 Trunk Sewer 2DOiprcj19412 03-01 Trunk & Lateral Sanhery Sewer 05-10 Tmnk & Lateral Storm Sewer 0603 Lateral Storm & Sewer 98-18 hospital parking lot 2001 sidewalk project Plaza 15 Parking lot installment of 10 yr assessment RoIW5024 1996 Mlsc DEFERRED ASSESSMENT ROLLS ACTIVATED FOR COLLECTION Installment of 10 yr assessment Roll #2938 STREET IMPROVEMENTS Roll #295A installment of 1 Cyr assessment 10th installment of 10 yr assessment Roll 95007 installment of 10 yr assessment 9th Installment of 10 yr assessment Roll #5021 installment of 10 yr assessment gth Installment of 10 yr assessment Roll #5021 B Installment of 10 yr assessment 8th Installment of 10 yr assessment Roll #5026 installment of 10yr assessment 8th installment of 10 yr assessment Roll #5030 Installment of 1Cyr assessment 801 installment of 10 yr assessment Roll #5033 installment of 10 year assessment 71h installment of 1 Cyr assessment Roll #5042 Installment of 10 yr assessment 5th Installment of I Cyr assessment RoIW5057 Installment of 10 yr assessment 4th installment of 1 Cyr assessment Roll #51>62 installment of 10 yr assessment 4th installment of 10yr assessment Roll #5065 2nd Installment of 6 yr assessment Rolli 2nd installment of 10yr assessment RoIW5074 fat Installment of Syr assessment ROI 1105080 TRUNK SANITARY SEWER 7th installment of 1Cyr assessment Roll #5043 6th Installment of 10yr assessment RaIW5051 4th Installment of 10yr assessment Roll #5061 2nd Installment of 1Cyr assessment Roll #5075 tat installment of 10 yr assessment Roll #5082 OFF STREET PARKING /SIDEWALK 8th installment of 10 yr assessment Rol #5036 61h Installment of l Cyr assessment RoIW5048A • 2nd installment of t Cyr assessment RoIW5076 REASSESSED ROLLS MISCELLANEOUS • 981 8th 8th 8th 6th Bth 7th 7th 7th 7th 7M 7th 6th 6th 6th 6th 6th 6M 6th 6th 6th 6th 6th 97 -021videning !grad irlp 98-04 Street 97 -30 Grading Bit and Base 99 -22 Blt -Base 99 -36 Bit War course 99-39 Sub-grade & appur 2000 -24 Street 02 -01102 Grading Gravel, Bituminaus Base 03 -05 Bituminous Surfacing 03.19 Lateral Trunk ROW 05 -07 Street surfacing 05-04 & 0505 Sidewalk & street Iii 06 -04105-06 Concrete Side walk 2000-02 Trunk Sewer 2DOiprcj19412 03-01 Trunk & Lateral Sanhery Sewer 05-10 Tmnk & Lateral Storm Sewer 0603 Lateral Storm & Sewer 98-18 hospital parking lot 2001 sidewalk project Plaza 15 Parking lot installment of 10 yr assessment RoIW5024 1996 Mlsc DEFERRED ASSESSMENT ROLLS ACTIVATED FOR COLLECTION Installment of 10 yr assessment Roll #2938 Installment of 10 yr assessment Roll #295A installment of 1 Cyr assessment Roll #059A installment of 1Cyr assessment Roll #099A installment of 10 yr assessment Roll #C67A installment of 10 yr assessment Roll # 221C installment of 10 yr assessment Roll #290A Installment of 10 yr assessment Roll #291C Installment of 10 yr assessment Roll #291D Installment of 10 yr assessment Roll #294C installment of 10yr assessment Roll 230D Installment of 1 Cyr assessment RoIW311 B Installment of 1Cyr assessment Roll #2498 Installment of 10 yr assessment Roll #089A installment of 10 year assessment Rol*D58B Installment of 10 yr assessment Rol00598 Installment of 10 yr assessment R011#0a0A installment of 10 yr assessment R6#109E Installment of 10 yr assessment Ro1#1198 Installment of 10 yr assessment Rol #1208 installment of 10 yr assessment RoIW1760 installment of 10 yr assessment RolW179B d:lassessrne0006certfcation10:38 AM 94 prof, Water Main, Sanitary Sewer 94 prof, Water Main, Sanitary Sewer 77 Prom, del arse activated 61 proi def asse activated 76 Proj Water Main, def asse activated Water main 94 Project 94-02 Storm Sewer, San. Water 94 -05 Storm Sewer, San, Water 94 -05 Storm Sewer, San, Water 94 -03 Storm Sewer, San, Water San, Storm 1996 Storm Sewer 89-01 Water Mein 31/81 sewer & appurtenances 74- 39/Sireet 37x74 sanitary sewer storm 01!79 sanitary sewer & watennain 3381 grading & appurtenances 0280 sanitary sewer & appurtenances 0280 watermain & appurtenances 0283 trunk stone sewer 02184 g utterlgradtnglg ravel 6th Installment of 10 yr assessment RoIW2211) 10186 waterrlaln apprurtenances 6th Installment of 10 yr assessment RoIW230E 17187 storm sewer, Ilftstabon 6th • Installment of 10 yr assessment RoIW257D 10190 gravel base, curb 8 gutter 6111 Installment of 10 yr assessment Roll %311 B 02196 storm serer, grading, gravel base 3rd Installment of 10yr esseasment RC41 R294D 94 -03 Storm Water 2nd installment of 10yr assessment RGIW058C 7"9Grade 8 gravel 2nd wrstallmenl of 1Oyr assessment RoIW059C 74 -37 WM, SS 2nd Installment of 1 Cyr assessment ROIW073B 76- 04Curb 8 gutter 2nd Installment of 1 Oyr asaesament RolIND80C 79- 01879 -07 SS, WM 2nd installment of 1 Oyr assessment RoIWD92A 81 -101-at 8 SS 2nd Installment of 10yr assessment Ro1W239B 88 -23 SS 2nd installment of 1 Oyr assessment ROIW259B 90 -07Curb 8 gutter 2nd installment of 1Oyr assessment Ro1W281B 1992 water main 2nd Installment of 1Oyr assessment Ro1W293D 1994 Storm Sewer 2nd Installment of 10yr assessment RolIX303B 1995 Storm Sewer is • BE IT FURTHER RESOLVED'. ALL THESE UNPAID BILLS TO BE CERTIFIED TO 2006 TAXES COLLECTION IN 2007. Unpaid water, sewer bills, weed cutting, and tree removal servicels to be certified to Wes CERTIFICATION LIST FOR 2006 CITY IW NAME AMOUNT CITY to# COUNTY ID# RGYANOERSCN NAH SANar6E 323.N 06116� 23050J110 NABELBASEAWI 2N JEFFERSON ST SE 56192 Wl VGWO 50 02 -0M21k0 NATHAN BASSET 535U SON ST 600 $17396 011163m1C16C 2}1021 PHYLLIS BEROE 005 WATER ST MV $1198 3111729IN370 nwEN 1030 LE RYACHENEY 15 JEFFERSON ST SE 3M 12 0611029C3 2}050036U W CONN WVrH AVE SW $232]110511e29U6700 23LS.M1O140 I YCEEJ GREEN 318 fl ALF Sr SW 533.12 0111630])0421 211X 10 ROBERT HEON 830 GLEN ST SW $323.02 M116812W40 2}14501N CMUS WAND 107 frH AVE NE !7964 3111RWi03Le 23056-0070 NNCEI NER 712HUTG MNE 517.84 3211YN140340 23253 -0180 NELVNNLCCY MEASTNE $56 24 311178070370 2Y1M-W10 KEITH LP 425 NONROE ST SE SIM03 061162D(TrMW 33 -0503620 RI 00 MOREW )46 HM TN W7.73 3811730090030 23 -030-4600 CFFUSTWN OCHSENG F 104N NSiN S7308 311172014070 2N 10 OANEL PAYETTE 316 AOPA4S 6T SE $23339 0611630)70140 23 3100 FETTn PROPERTIES 12165LNSET 6T SA' $39.15 1211630020510 1}164 {CW BEVERLY SCHEURFR 465 WATER ST NW $2312.3111729120300 3108803?] NRGA TRENIq 478CPLIFGRNM ST Mr f33.12 3511)30110230 233100130 INS BWN 1019 PlP "NEw DR SW 539.03101163001M40 2Yn2 7C DAYFNIRA UMOR/JNG 603 ADAMS ST SE $125.39 IX116NO70aW 2 30 50 514 0 200! wEEO AND TREE COTTNG BRLS SHELWN STOLL B3a CHURCH ST 5140.00 1t16301e0)8023133M30 ROBERTHEfJIN 6360LEN ST SW f14pN e11E2912M4023145U140 IEBLIE rNmE 436A SST SE $1 721 501 17[860 33M037W Gary D. Plotz, City Administrator d:tassessmet2006certrI`ication10:38 AM Steven W. Cook, Mayor � (M � C� Ed TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer Dan Hatten, Police Chief RE: Consideration of Resolution Approving Traffic Control Devices DATE: November 14, 2006 As previously discussed and determined necessary, the one -way traffic direction within the alley between Main Street (TH 15) and Frankling Street from 2i0 Ave NW to the north and V Ave NW to the south (see • attached map) must be changed to the southbound direction. This revision is due to the TH 7/15/22 improvements at the TH 15/2i0 Avenue intersection and the completion of the Comerstone Commons development. The installation of a drive -thru "coffee shop" was previously approved within Cornerstone. Thus changing the alley traffic direction behind Cornerstone is necessary to accommodate this business. Further review of the downtown alleys will occur this winter to determine the feasibility of revising the alley traffic direction to the south of this area and possibly within other alleys. We recommend approving the attached Resolution. cc: Gary Plotz— City Administrator • 4 I'j RESOLUTION NO. 13070 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, The Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locates as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes a traffic control device known as "ONE WAY" (revised to southbound direction), which shall be effective for the following location: 1. Within the alley between Main Street (TH 15) and Franklin Street between 1 st Ave NW and 2nd Ave NW. And that all other traffic control devices now existing at these locations be removed. Adopted by the City Council this 14th day of November, 2006 ATTEST: Gary D. Plotz, City Administrator 11 Steve Cook, Mayor (, tb,)D- l • LOGISMap Output Page k (3' 1 STAVE NW Mtl tlaW'.M MM 5 C al'YP ^ "..') till^ G19'dJ5 126 4 36 2E 6 z F i 2ND AVE NW 4 6 x i5 Page I of I 1 STAVE NE 0 �1191i ML 36 2E http: / /gis_l ogi s.org /servlet /com.esri.esri map.Esrimap ?ServiceName= hu_LOGI SMap_OV &... 11 /8/2006 RESOLUTION NO. 13074 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Computers (19) & $19,484 Replacement Capital YES Compaq Laptops (5) County City of projects Peachtree Software $24,712 Software interface of Creekside See Creative Information sales to Peachtree attached Systems memo •The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR 7,500 gal Diesel Fuel $16,464.00 MnDOT, McLeod HATS YES Schmeling Oil Co County City of Hutchinson use Date Approved: 0 Motion Made By: Seconded By: Resolution submitted for Council action by: r • U C� TO: Mayor & City Council FROM: Gary D. Plotz, City Administrator SUBJECT: Software — Creekside DATE: November 9, 2006 Hutchinson City Center 111 Haaun Street SE Hutchinson, hIN 55350 -2522 320 - 587- 5151/F" 320 - 2344240 Attached is a Resolution for Purchase for the upgrade in software needed to operate Creekside. The software is capable of accumulating multiple pricing levels by Frei& zones, commissions that can vary by customer and promotions (early order, early ship and show promotions) that are standard in the landscape business. It also provides additions for raw inventory processing as the product is produced. The software will also tie in our weight scale with our Creekside financial system. Tom Kloss, Cam Rucks, Ken Merrill and employees at Creekside have reviewed the software and are recommending to implement it. The software will be paid for out of the Creekside budget from the personnel (unused) line item. Prin td on raveled piper - vb-�3 • �oa�f 0 9 a //- e -o S- l e-e l7 O) 0 7" �C1)3 C 0\`i Creativelnformation Systems 27 Lowell Rd. - Ste. 402 - Manchester NH 03101 Phone: (603) 627 -4144 ext. 604 - Fax: (603) 668.1150 - email: kos@creativelnfo.net • PROPOSAL K 04 -E3 SMS o 10123106 S JMS a02 Sold To. Dreek�46 Soil En&,Qserl,Crer k6ide Soil DoU� Johnson" boUg Johnson 1500 Adams Street SE 150A Adams Street SE Huttitilnson; MN 55350 Hutchinson, MN 55350 Phone: 320gSB7 -6762 Phone- 320 -587 -6762 Pax: 320 - 234.5648 Fax., 320 -234 - 5649 2 SMS Turbo for Windows - 1 Split Ticket Utility, Additional Seat • 11/07/06 16:29:43 $2,750.00 ' $5,500.00 $375.00' $375.00 Page 1 06 3 Ship Product tos I Terms Rep Number Ship Via 'Soid To: or End User. 50% DepoAit, Net 30 on Balance �, Kevin St: John Q r- r Ext. Price Description - 1 SMS Turbo for Windows $2,750.00 $2,750.00 1 Split Ticket Utility $750.00 $750.00 • 1 5 Report Pack — 1�7 we d%d -"Ae. Q +o \1 uCCs%W $850.00 $850.00 1 Peachtree Interface with Synuon'rzation $800.00 $800.00 1 Pricing EXE Module $800.00 $800.00 1 Order Tracking $750.00 $70.00 1 Location Tracking $500.00 $500.00 1 G/L Numbering $500.00 $500.00 1 Delivery Charges $300.00 $300.00 1 Authority Levels $250.00 $250.00 1 User Defined Conversion $300,00 $300.00 1 User Defined Fields $400.00 $400.00 SubTotal $8,950.00 2 SMS Turbo for Windows - 1 Split Ticket Utility, Additional Seat • 11/07/06 16:29:43 $2,750.00 ' $5,500.00 $375.00' $375.00 Page 1 06 3 'Qty Description 1 Unit F- F Ezt; price 2 • 5 Report Pack $125.00/ $250.00 1 Order Tracking, Additional Seat $375.00 1 $375.00 1 Location Tracking, Additional Seat $250.00/ $250.00 1 Delivery Charges, Additional Seat $150.00% $150.00 1 Authority Levels, Additional Seat $125.00 $125.00 1 User Defined Fields, Additional Seat $200.00 $200.00 SubTotal $7,225.00 Running SubTotsl $16,175.00 30.0% Discount - $4,852.50 Running SubTotal 3 seat package price $11,322.50 boK o� S,�nc.kt�ce QUd. 1 1 Year Support & Maintenance for SMS with Accounting Interface $1,295.00 -� $1,295.00 • Running SubTotal $12,617.50 1 Custom Programming - Commission report with Peachtree interface of paid $1,500.00 $1,500.00 invoices 1 Custom Programming - Default Ship to with mileage per Order location with $2,000.00 $2,000.00 Inventory update from Peachtree 1 Custom Programming - Discount level by Material via import of Excel spread $1,000.00 $1,000.00 sheet or by formula 1 Custom Programming - Discount Level by Material delivery via Import of $1,OOO.00" $1,000.00 Excel spread sheet or formula 1 Custom Programming - Discount Level sheet - For discounts per material per $1,500.00- $1,500.00 order 1 Custom Programming - Terms per order with billing interface to Peachtree $2,000.00 Or $2,000.00 1 Project management for specification and implementation $1,250.00 $1,250.00 SubTotal $10,250.OQ, 10.0% iscount as package price - $1,025.00 Running SubTotal $21,842.50 11/07/06 16:29:43 Page 2 GQ3 rQty' Description • 3 Remote Installation /Training /Configuration /Report Writing Services. up to 24 hourpackage This package includeda: Install support Web training Interface to Peachtree setup and training Report writing services r un r Sxt. Price $950.00 $2,850.00 SubTotal, - $24,692.50 Sales Tax $0.00 Freight $20.00' Total $24,712.60 -- Terms & Conditions ALL SALES ARE SUBJECT TO THE TERMS AND CONDITIONS STATED IN THE CIS "PURCHASE AGREEMENT', "SOFTWARE LICENSE AGREEMENT', AND "SUPPORT AND MAINTENANCE AGREEMENT" - ALL PRICES ARE IN US DOLLARS. PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - PRICES QUOTED REFLECT 3% DISCOUNT FOR CASH OR CHECK PAYMENTS, CREDIT CARD ORDERS WILL NOT RECEIVE DISCOUNT - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED. ALL THIRD PARTY SOFTWARE INCLUDING BUT NOT LIMITED TO: PCANYWHERE, CRYSTAL REPORTS, AND RETROSPECT ARE SUPPORTED BY THE RESPECTIVE MANUFACTURES. CIS DOES NOT SUPPORT, TRAIN ON, OR WARRANTEE ANY THIRD PARTY SOFTWARE. GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY THE MANUFACTURE'S LIMITED WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. •WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEMENT. A 15% CANCELLATION FEE WILL BE CHARGED FOR ALL CANCELLED ORDERS. MINIMUM 25% RESTOCKING: FEE FOR CIS BRANDED SOFTWARE WITH ORIGINAL PACKAGING AND APPROVED RETURN MATERIAL AUTHORIZATION (RMA) NUMBER. HARDWARE AND 3RD PARTY SOFTWARE IS NOT RETURNABLE. NO CREDIT WILL BE ISSUED FOR SERVICES RENDERED. Signing below acknowledges and approves the Software, Equipment, Services, Fees, Terms, and Conditions quoted above. Proposal # SMSQ3002 Proposal Amount $24,712.50 Name . 11107/06 16:29:43 Title Date Page 3 L6A�3 4 9 MEMORANDUM DATE: October 18, 2006 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF VACATION OF A PORTION OF THE EASEMENT LOCATED ON THE SOUTH LINE OF LOT 14, RICE ADDITION, 630 DALE STREET S.W. Request: The property owner has applied for the vacation of four feet of the 10 foot drainage and utility easement on the south line of Lot 14, Rice Addition to construct an addition onto the garage located at 630 Dale St. S.W. The proposed addition is 9' x 25' and will meet setback requirements. The present easement is 10 feet. The remaining easement would be the typical 6 foot easement. There is a 6' easement on the south side of the line. • Planning Commission Meeting: • The Planning Commission held a public hearing and considered the request at their October 17, 2006, meeting. There were no property owners who made comment or objected to the request. The following conditions were recommended by the Planning Commission and staff: 1. The easement vacation shall be only for the 4 foot portion of easement along the south line of Lot 14, Block 1, Rice Addition. All remaining easements shall remain in place. 2. Overhangs may not encroach into the existing 6 foot easement. 3. The Property owners are responsible for any utility relocation costs at their own expense. Recommendation: The Planning Commission unanimously recommends approval of the vacation of easements with the stated findings and conditions and recommends approval of the attached Ordinance #06 -0446. 0 PUBLICATION NO. ORDINANCE NO. 06 -0446 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING UTILITY AND DRAINAGE EASEMENTS LOCATED ON THE SOUTH LINE OF LOT 14. RICE ADDITION, 630 DALE STREET S.W. THE CITY COUNCIL OF THE CTTY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to vacate utility and drainage easements located in Rice Addition. Section 2. That the utility and drainage easements to be vacated are described as follows: Description for proposed easement vacation Lot 14, Block 1, Rice Addition to Hutchinson: Vacate the North 4.00 feet of the 10.00 foot wide utility easement lying north of and adjoining the south line of Lot 14, Block 1, Rice Addition, according to the recorded plat thereof. The easterly line of that part of the easement to be vacated being the easterly line of said Lot 14 and the westerly line of that part of the easement to be vacated being the easterly line of the westerly 6.00 feet of said Lot 14. • Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 14 °i day of November, 2006. ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor • tP (�) PUBLICATION NO. ORDINANCE NO. 06 -0447 AN ORDINANCE AMENDING SECTION 154.064 OF THE HUTCHINSON MUNICIPAL CODE TO ADD LANGUAGE ALLOWING TOWING COMPANY OFFICES WITH IMPOUND LOTS TO THE C4 ( FRINGE COMMERCIAL DISTRICT) AS A CONDITIONALLY PERMITTED USE THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend Section 154.064 of the City Code to allow towing companies with impound lots by conditional use permit in the C4 District as follows: (C) Conditional permitted uses. (1) Permitted uses listed in the C -2 district but not including used car, farm machinery, marine or manufactured home sales; (2) Commercial parking structures; (3) Churches and houses of worship and related facilities, (4) Storage units; and (5) Tattoo establishments and adult- oriented businesses. (6) Towing company offices with fenced impound lots, subject to providing a completely fenced and screened enclosure. Fences must be a minimum of 6 feet high and constructed of wood or equivalent materials. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this 14t" day of November, 2006. Attest: Gary D. Plotz City Administrator i Steven W. Cook Mayor (CCi�5 RESOLUTION NO. 13062 RESOLUTION APPROVING FINDINGS OF FACT FOR AMENDING SECTION 154.064 OF THE CITY CODE TO ADD TOR'ING COMPANY OFFICES WITH IMPOUND LOTS TO THE C4 ( FRINGE COMMERCIAL DISTRICT) AS A CONDITIONALLY PERMITTED USE Whereas, Lowell Baumetz, Modem Mazda Towing, has submitted a request to amend Section 154.064 of the City Code to conditionally allow towing company offices with impound lots in the C4 ( Fringe Commercial District), and Whereas, the Planning Commission has held a public hearing on October 17, 2006 on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and recommended approval of an amendment to add impound lots in the C2 (Automobile Service Commercial) district, which also allowed the proposed use as a conditional use in the C4 (Fringe Commercial) District. The City Council has considered the recommendation and findings of the Planning Commission, and after further considering the amendment, hereby approves of an ordinance amendment to conditionally allow towing company offices with impound lots in the C4 ( Fringe Commercial) District, subject to the following findings: 1. City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 2. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 3. The proposed amendment would be consistent with the intent and purpose of the C-4 ( Fringe Commercial District). 4. The proposed amendment would allow towing company offices with impound lots as a conditional use in the C-4 (Fringe Commercial District). Adopted by the City Council this 14" day of November, 2006. ATTEST: Gary D. Plotz City Administrator 11 Steven W. Cook Mayor city, • r 111 Hassan Street Southeast Hutchinson, MN 55350 (320)587- 5151/Fax:(320) 234 -4240 • • City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application Type ❑ Full Year January 1 - December 31, Fee: $100.00 D ��/ Year / Short Term Date(s) � tai /�.- Q-n Id - o�-Q(P Fee: $25.00 Month/Da /Year- Month/Da /Year Or ani. ation Information 3dj SS7 2LD Namej Phone Number o 4/o 2-C4 /Y-tj _ S S Address where regular meeting are held City State Zip Day and time of meetings? Is this organization organized under the laws of the State of Minnesota? yes ❑ no How long has the organization been in existence? "t 3 How may members in the organization? r� LD -5 What is the purpose of the organization? C fka d-Gj-� In whose custody will organization records be kept? J e ri r.- �ef u t s t C n 51 tai 3a0 5�7 i�7 Nap, Number r �Phgne �t.•VVII S 5 3 Sv Address City State zip Duly Authorized Officer of the Organization Information Ll� s5, Ps; J f True Name\ Phone Number A ss 3s Residence Address , / City State ^Zt Date of Birth: S / T / Place of Birth: ( t { M6V�� , t/ Month/day /year city � State Have you ever been convicted of any crime other than a traffic offense? L) yes fro If yes, explain: co 6--) • 0 City ojHutchimon Appticatlon jor Bingo Gambling AMces License Page 2 of 3 under Z -.>o S &- 7 9a/.5 True Name Phone Number oZl aLIC / C00' S ,�- SS350 Residence Address City State zip Date of Birth: Y / '5l / 56 Place of Birth: 4a!bfiR-r PrA, 0 i 1 Al 0 Month/dayl ear City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes eo If yes, explain: How long have you been a member of the organization? a 44 p,A„/- S Game Information r(a-s iC-� Location #1 C A r s - k/, n a !n * Ccdl 310 - 5 S' 7 -17 71, Name of location game will be played - Phone Numh" fj�� Ar,e 11 l b � � , Kr'fa.� I� °I x� +mss lVl�_ S 53 Sb Address of location where game will be played City State zip Name U&j* -I' 4V-e- Date(s) and/or day(s) gambling devices will be used: c�fuMa4 tI>ioi gh t cZ -a —o fr AU AM Hours of the day gambling devices will be used:: From pM To pM Maximum number of player. (,4 A 1; ml }c nJ: ,// Will prizes be paid in money or merchandise? ❑ money 1kMCrchandise Will refreshments be served during the time the gambling devices will be used? ayes ❑ no If yes, will a charge be made for such refreshments? ❑ yes no Game Information Location #2 i Name of location where game will be played Phone Number Address of location where game will be played City State zip Date(s) and/or day(s) gambling devices will be used: through AM ABM Hours of the day gambling devices will be used: From pM To pM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no r-O -, s r(a-s iC-� Q Name tr Title St-SO ` rsrn Q 5 5350 J P Residence Address PR� City State Trao-S- zip Name U&j* -I' 4V-e- Title A �j .5;5 3-Z �� Residence Address trtr5-tr sr City h„ MrJ State 5S3so zip • • • City of Hutchinson Application for Bingo Gambling Devices License Page 3 of 3 paid 11'5s—a�4 AT- ) %/q;?- Si ouX 55350 State Zip Officers or Other Persons Paid for Services Information (if necessary, list additional names on separate sheet Name Title Residence Address City State Zip Name Title Residence Address City State Zip Name Residence Address -City State Zi Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)7 Gambling Manager �3 yes ❑ n� Authorized Officer ryes ❑ no Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. authorized officer of organization Signature ofgambling manger of organization ternal Use Only City Council ❑ approved ❑ denied Notes: D-3o-©U Date Date l0 (<) • • j 111 Hassan Street Southeast Hutchinson, MN 5 53 50 (320) 587- 5151iFm: (320) 2341240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered A2plication Type ❑ Full Year January I - December 31, Fee: $100.00 Year Short Term Date(s) /� -a/ aOn -C6 Fee: $25.00 R(}ppl - Month/Day/Year Or anization Information Slt&a P4 I 4 15 rl cY t 3�0 7 -Cisa7 Nam Phone Number !�;f'56,- N�aCHIN�i/✓ A/ Address where regular meeting are held City State zip Day and time of meetings? 7'�&--s 6f ey/ / bV,-H Is this organization organized under the laws of the State of Minnesota? yes ❑ no How long has the organization been in existence? /�,��/,�__, How may members in the organization? ? What is the purpose of the organization? I�-4 /(� /CTC /5 — �OGf�A77GN/1 L In whose custody will organization records be kept? �li 1 %/.iz- Name Phone Number — Address Ci State Z True Name Phone Number &/V Residence /yh✓ ss�s� Residence Address City State zip Date of Birth: d� 0/ /<G Place of Birth: O&AQk)ci-2-0 S. O. Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes )d no If yes, explain: �J r� 0 City of Hutchinson Application for Bingo Gambling Devices License Page 2 of 3 True 3,22-s87 6-Sa7 _ Phone Number j✓ '�3S6 State Zip Date of Birth: �� / / �L / K7 2 Place of Birth: 54. &Z— -14)LV Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes C$ � no If yes, explain: How long have you been a member of the organization? Game Information Location #1 Q - Name of location where g. nic will be played Photte liumber ylc0 LA-Kl% �f- .S.Gt)- ��/rGi/ln,�N �i]L SSG Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: ,j.�- ,� / —Qk�- through Flo AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money > rmerchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes Qa�no If yes, will a charge be made for such refreshments? ❑ yes ❑ no Game Information Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no Officers of the Oreanization (ifnecessarv. list additional names on senarate sheet) Name Title Qo4- A /Af- M/SO / 1�41y ss 3 sa Residence Address City State Zip Name Residence Address City State Zip J� City of Hutchinson Application for Bingo Gambling Devices License Page 3 of 3 • Residence Address City .State Officers or Other Persons Paid for Services Information (if necessary, list additional names on separate sheet Name Title Residence Address City State Zip Name Title Residence Address City State zip -Name - T,tte — Residence Address City State zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager yes ❑ no ate_ Authorized Officer ❑ yes ❑ no Initial /nitro! I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, 1 have received from the City of Hutchinson a copy of the City Ordinance No. 114. 0 relati to gambling and 1 will f `miliarize self with the contents thereof. Signature of authorized tcer qorganization Date Signature ofgambling manager of organization Date City Council ❑ approved ❑ denied Notes: • G (J) �.. TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer RE: Consideration of Improvement Project Change O: Hers DATE: November 14, 2006 As construction has proceeded on the below listed projects there have been additional work, project scope revisions and construction staging revisions. All of these items have been identified and deemed necessary to satisfactorily complete these projects. The following Change Orders are proposed to address these items: • Change Order No. 1— Letting No.14/Project No. 06-16 — HATS Cold Storage Bldg Installation of three draft stops due to code requirements and reduction of required steel thickness 26 Gauge S -Panels to 28 Gauge S- Panels. Total construction contract decrease is $7,600.00. • Change Order No. 1— Letting No. 4/Project No. 06-12 — South Mill Pond Trunk Sanitary Lining Additional 1039 LF of 8" lining (Lincoln Ave, West PhishneyLane, and East Phishney Lane) and extension of Contract Completion Date to Nov 30th, 2006. Total construction contract increase is: $29,092.00. • Change Order No. 2 — Letting No. 3/Project No. 06-03 — Denver Ave Installation of 45 SY of 9" Concrete Driveway Apron was shown on the plans but omitted from the Bid Proposal. Total construction contract increase is $2,733.75. • Change Order No. 1— Letting No. 11/Project No. 06 -13 — Airport T- Hangar Installation of additional grade beaus at two storage bays and additional pedestrian door at southeast end of building. Total construction contract increase is $5,837.00. We recommend that the above Change Orders be approved in the amounts listed. cc: Gary Plotz —City Administrator c0 (e) CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 (320) 234 -4209 Sheet tef:I CHANGE ORDER NO. - < Dated: Structural Buildings Inc *RACTOR: 12924 1 at St Becker MN 55308 Letting No. 14 Project No. 06 -16 Project Location: HATS Cold Storage Faclll DESCRIPTION OF CHANGE: Due to code requirements we have to Install three draft stops. To reduce cost we are changing from 26 gauge S- Panels to 28 gauge S- Panels. Item No. Spec. Ref. Item Name Unit Quantity Unit Price Amount INCREASE ITEMS: Installation of 3 draft stops Lump sum 3 $0.00 $0.00 TOTAL INCREASE ITEMS $0.0 DECREASE SITEMS: Change 26 Gauge S- Panels to 28 Gauge S- Panels Lump Sum 1 ($7,600.00 ) ($7,600.00 TOTAL DECREASE ITEMS ($7,600.00 NET DECREASE --------- - - - - -- - -- - -- — ($7,600.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of 3 7.600.00 (deduct). An extension of -0- days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONS/DEDUCTIONS THIS ADDITION /0E01JCT10N TOTAL $188,929.00 $0.00 ($7,600.00) $181,329.00 APPROVED: Contractor ED: APPROVED: Mayor DATED: 11114/2006 ROVED: Director of Engineering 11DATED7 11/142006 APPROVED: City Administrator DATED: 11/14/2006 (� (e) CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 117 HASSAN ST SE, HUTCHINSON MN 55350 (320) 234 -4209 Sheet of 1' CHANGE ORDER NO. 1 Dated: 110/3112006 Insituform Technologies USA Inc C TRACTOR: 1675 Jewel Street Prescott WI 54021 Letting No. 4 Project No. 06-04 2nd Ave SW/Harmony to 4th Ave Project Location: SW/Merrill St SWIPishney Area DESCRIPTION OF CHANGE: Item No. 5 - Additional 1039 LF of 8" Lining within Lincoln Ave SW Item No. 6 - Due to addition lining, the Contract Completion Date has been extended to November 30, 2006. Item No. Spec. Ref. Item Name Unk QuanU Unk Price Amount INCREASE ITEMS: 5 2509 8" CURED -IN -PLACE PIPE LINING (6.0 mm thickness) LF 1039 $28.00 $29,092.00 6 CONTRACT EXTENSION- COMPLETION DATE IS CHANGED TO NOVEMBER 30, 2006 TOTAL INCREASE ITEMS $29,092.0 DECREASE ITEMS: i TOTAL DECREASE ITEMS $0.00 NET INCREASE --------- •------------------- -• - - -- $29,092.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $ 29.092.00 (add)!(deduct)r An extension of -0- days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONSIDEDUCTIONS THIS ADDITIONIDE-DUCT19N TOTAL $187,497.00 $0.00 $29,092.00 $216,589.00 PROVED: Contractor ATED: 10/31/2006 APPROVED: Mayor DATED: 11114/2006 PP ROVED: Director of Engineering DATED: 11/14/2008 APPROVED: City Administrator DATED: 11/14/2006 Insituf+orm TechnolOgies�ti;5.9; Iltr� Kent Exner, PE City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 kexner@ci.butchirison.mn.us 12897 Main Street Lemont, Illinois 60439 Phone 630.257.2200 Fax 630.257.9712 Email: bschnepp @insituform.com October 27, 2006 Re: Letting No. 4/1roject No. 06 -04 - South Mill Pond & Pishney Area Trunk Sanitary lining ITUSA Job #101096 RIFQLYE.ST FOR TIME EXTENSION - -- Dear Mr. Exner, We are respectfully requesting an extension of completion time for the Hutchinson project to November 30`s. I currently have us starting on Monday November the 6th and completing our work in approximately 10 days with the manhole rehabilitation to follow. 0 If you have any questions please contact me at (877) 716 -8725 i Sincerely, INSITUFORM TECHNOLOGIES USA, INC. Bill Schnepp —Project Manager lnsduform Techndogies page 1 of 1 ('P (Q) CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 ! ASSAN ST SE, HUTCHINSON, MN 55350 (320) 234 -4209 hwtIofI T CHANGE ORDER NO. 2... Dated:'.',1rosn0oe -' Dulninck Bros Inc CO TRACTOR: 408 6th St, P O Box 208 Prinsburg MN 56281 320-97 -6011 FAX 320 - 9784978 Letting No. 3 Project No. 06 -03 ProiectLocation: Denver Ave DESCRIPTION OF CHANGE: Increase due to ommission of driveway panels on Bid Proposal. Item No. Spec. Ref.11 Item Name Unft Ouantlty Unit Price Amount INCREASE ITEMS: 9" Concrete Driveway Apron (Price includes Contractors Prime Markup) SY 45 $60.75 $2,733.75 TOTAL INCREASE ITEMS: $2,733.75 i i NET INCREASE --- •--- .— •-- •••— --- ---- _- _- - - - $2,733.75 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $2,733.75 n extension of -0 -days shall be allowed for completion. The original completion date shall not be changed. (add ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONS/DEDUCTIONS THIS ADDITIONIDEDUCTION TOTAL $511,218.91 $18,148.60 $2,733.75 $532,101.26 APPROVED: Contractor ED: APPROVED: Mayor DATED: 11114/2006 PROVED: Director of Engineering DATED: 11/14/2006 APPROVED: City Administrator DATED: 11/14/2006 Cam) N �'977 Change Order No. 1 Airport TKDA AIP. 3 -27- 0056-06 • Hutchinson 'lY Project No. 13697 SAP. 4304 -21 Municipal ons r Sponsor's Address Date Prepared Amount of Contract City of Hutchinson 1400 Adams Street SE 10/20/06 $277,300.00 (original) Marshall, MN $283,137.00 (revised) 56258 Contractor Contractor's Address Completion Dates Midland Bi -Fold Doors 1110 7th Street NE Con act Rcvised Inc. West Fargo, N.D. 58078 120 Calendar Same CHANGES ORDERED 1. Additional Grade Ream at 2storage bays (21 -feet each -) _ -. Cost- $4,665.60 _ 2. Additional Pedestrian Door at SE Building End. Cost - $1,172.00 Total Cost of Change Order No. 1 $5,837.00 Both changes are as requested by the Owner. Costs have been reviewed and determined reasonable in accordance with the Contract Documents. 0 The foregoing is in accordance with your contract dated October 3, 2096 and the aforementioned change, and the work affected thereby is subject to all contract stipulations and covenants. APPROVED: CITY OF HUTCHINSON MINNESOTA m Title Date TKDA ENGINE ! C TE - PLANNERS By /o /%Senio roje Eng' Date By W' / itle Date &C /` r I APPROVED: MnDOT AERONAUTICS Rv. Regional Airport Engineer Date APPROVED: FEDERAL AVIATION ADMINISTRATION is c' (e) TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Randy DeVries, Water/Wastewater Director Kent Exner, City Engineer RE: Consideration of Approving Plans & Specifications and Advertising for Bids for Wastewater Treatment SCADA System (Letting No. 13/Project No. 06 -15) DATE: November 14, 2006 • This project was presented, and the design contract approved, at the July 25, 2006 Council Meeting. SCADA stands for Supervisory Control and Data Acquisition and it includes the integration and automation of the Wastewater Treatment Facilities control systems. It consists of programmable controllers for the control of wastewater treatment processes and computer -based Human Machine Interface (HMI) software. Alarms, process status and process related data for the entire system could be reviewed and/or operated at one or more secure locations. In this case we are creating an integrated system with the Water Treatment Plant that would allow each site to provide back -up controls for both sites. As noted at the July 25 Council meeting, this contract provides for Phase 1 services (Administrative Building main control panel and HMI computer, solids handling building, telemetry, master radio antenna, WTP /W'ITF system integration and fiber optic interface, HATS Lift Station and Tartan Park Lift Station). The estimated project cost is $378,500. Phase 2 (estimated at about $250,000) is proposed to be completed within the next few years, and would include the remaining lift stations, as well as the remaining items at the main treatment plant. The Bid Opening for this project is scheduled for Tuesday, December 19a. A bid acceptance recommendation to the Council will follow at the December 26h meeting. We recommend approving the attached Resolutions. cc: Gary Plotz —City Administrator • (P Lf) • RESOLUTION NO. 13071 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 13 PROJECT NO. 06 -15 WHEREAS, the Director of Engineering has prepared plans and specifications for the following described improvement: WWTF- SCADA SYSTEM — The work consists of the replacement of the existing wastewater Treatment Facility's central monitoring system with a new programmable controller and computer based Supervisory Control and Data Acquisition and Data Acquisition ( SCADA) System. The new SCADA System will also incorporate monitoring and control capabilities for the City's wastewater collection system, and will a integrated with the City's SCADA System used at the Water Treatment Facilities. The project will be constructed in three phases and includes work at numerous Owner facilities throughout the City of Hutchinson. The Project will include removal of the existing central monitoring system, installation of new electrical work, and new instrumentation and control work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Administrator until 2:00 pm on Tuesday, December 19, 2006, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and /or Director of Engineering, will then be tabulated, and will be considered by the Council at 6:00 pm on Tuesday, December 26th, 2006 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 14th day of November 2006. Mayor: Steven W Cook • City Administrator: Gary D Plotz ✓,, (-0 • PUBLICATION NO. 7528 ADVERTISEMENT FOR BIDS LETTING NO. 13 /PROJECT NO. 06-15 TO WHOM IT MAY CONCERN: Hutchinson, Minnesota Dated: 11/14/2006 The City of Hutchinson will receive sealed bids at the Office of Engineering/Public Works, Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, 55350, until 2:00 pm local time on Tuesday, December 19th, 2006 for the following described Improvement: W WTF- SCADA SYSTEM — The work consists of the replacement of the existing wastewater Treatment Facility's central monitoring system with a new programmable controller and computer based Supervisory Control and Data Acquisition and Data Acquisition (SCADA) System. The new SCADA System will also incorporate monitoring and control capabilities for the City's wastewater collection system, and will e integrated with the City's SCADA System used at the Water Treatment Facilities. The project will be constructed In three phases and Includes work at numerous Owner facilities throughout the City of Hutchinson. The Project will Include removal of the existing central monitoring system, installation of new electrical work, and new instrumentation and control work; all In accordance with the Bid Documents on file in the City of Hutchinson Public Works/Engineering Dept. Bids shall be directed to the City Engineer, securely sealed and endorsed upon the ouisioe wrapper "LE i PING NO. 13 /PROJECT NO. 06 -15 — WWTF — SCADA SYSTEM ". Immediately following expiration of the time for receiving bids, the City Administrator and City Engineer will publicly open bids, in the Council Chambers of the Hutchinson City Center. The Council, will consider said bids at 5:30 pm on Tuesday, December 26th, 2006 In the Council Chambers of the Hutchinson City Center. All bids shall be made on the Proposal Forms supplied in the Bidding Documents and shall be accompanied by a cashier's check, bid bond or certified check, payable to the order of the City of Hutchinson, Minnesota, for not less than • five percent (5 %) of the amount bid. All checks or bid bonds will be held for sixty (60) days or until a contract is signed. Subsequent to that time, all non - forfeited checks or bid bonds will be returned to the bidders. No oral, telegraphic or telephonic proposals or modifications will be considered. The successful bidder will be required to furnish satisfactory Labor and Material Payment Bond, and Performance Bond. Bids may not be withdrawn within thirty (30) days after the scheduled time of opening bids, without the consent of the Owner. The Owner reserves the right to accept any bid or to reject any or all bids, or parts of such bids, and waive Informalities or irregularities in bidding. i Copies of the Bidding Documents are available to prospective bidders and subcontractors from: City of Hutchinson, ATTN: Bidding Documents, Public Works /Engineering Department, 111 Hassan St SE, Hutchinson MN 55350 and will be furnished upon request and oar,: ent of 553.25 oer set (NON- REFUNDABLE). The successful bidder will be furnished free of charge, additional adequate number of specifications. The following information must accompany the request and payment for Bid Documents: Company name Mailing address Street address Phone Fax Contact Name & E -mail Address Gary D. Plotz, City Administrator • PUBLISHED AS FOLLOWS: HUTCHINSON LEADER ON THURSDAY, NOVEMBER 16, 2006 & NOVEMBER 23RD, 2006 CONSTRUCTION BULLETIN ON FRIDAY, NOVEMBER 17TH, 2006 & NOVEMBER 24TH, 2006 00 0 C TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Randy DeVries, Water/WastewaterDirector Kent Exner, City Engineer RE: Consideration of Approving Plans & Specifications and Advertising for Bids for Main Lift Station Improvements (Letting No. 9/Project No. 06 -11) DATE: November 14, 2006 • This project was presented, and the design contract approved, at the October 24, 2006 Council Meeting. The design process evaluated the future pumping capacity needs and determined the proper pump replacement specifications within Main Lift Station (Building 20). Construction cost has been estimated to be $75,000.00. This project has been accounted for within the 2006 Wastewater Budget. The Bid Opening for this project is scheduled for Tuesday, December 190'. A bid acceptance recommendation to the Council will follow at the December 26m meeting. We recommend approving the attached Resolutions. cc: Gary Plotz —City Administrator 0 (0 (�) RESOLUTION NO. 13072 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 9 PROJECT NO. 06 -11 WHEREAS, the Director of Engineering has prepared plans and specifications for the following described improvement: WWTF Main Lift Station —This Project consists of removal and replacementof two dry- pit centrifugal wastewater pumps in the East Wetwell of Building 20 at the Wastewater Treatment Facility for the City of Hutchinson. The existing controls and variable frequency drives for Building 20 were updated in 2004 and will be reused; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Administrator until 2:00 pm on Tuesday, December 19, 2006, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and /or Director of Engineering, will then be tabulated, and will be considered by the Council at 6:00 pm on Tuesday, December 26th, 2006 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 14th day of November 2006. Administrator: Gary D Plotz • Mayor: Steven W Cook 0 • • PUBLICATION NO. 7529 ADVERTISEMENT FOR BIDS LETTING NO, 9 /PROJECT NO. 06 -11 TO WHOM IT MAY CONCERN: Hutchinson, Minnesota Dated: 11/14/2006 The City of Hutchinson will receive sealed bids at the Office of Engineering /Public Works, Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, 55350, until 2:00 pm local time on Tuesday, December 19th, 2006 for the following described improvement: W WTF Main Lift Station — This Project consists of removal and replacement of two dry-pit centrifugal wastewater pumps in the East W etwell of Building 20 at the Wastewater Treatment Facility for the City of Hutchinson. The existing controls and variable frequency drives for Building 20 were updated in 2004 and will be reused; all in accordance with the Bid Documents on file in the City of Hutchinson Public Works /Engineering Dept. Bids shall be directed to the City Engineer, securely sealed and endorsed upon the outside wrapper "LETTING NO. 9 /PROJECT NO. 06 -11 — WWTF — MAIN LIFT STATION ". Immediately following expiration of the time for receiving bids, the City Administrator and City Englneerwlll publicly open bids, in the council Chambers of the Hutchinson City Center. The Council, will consider said bids at 5:30 pm on Tuesday, December 26th, 2006 in the Council Chambers of the Hutchinson City Center. All bids shall be made on the Proposal Forms supplied in the Bidding Documents and shall be accompanied by a cashier's check, bid bond or certified check, payable to the order of the City of Hutchinson, Minnesota, for not less than five percent (5 %) of the amount bid. All checks or bid bonds will be held for sixty (60) days or until a contract is signed. Subsequent to that time, all non - forfeited checks or bid bonds will be returned to the bidders. No oral, telegraphic or telephonic proposals or modifications will be considered. The successful bidder will be required to fumish satisfactory Labor and Material Payment Bond, and Performance Bond. Bids may not be withdrawn within thirty (30) days after the scheduled time of opening bids, without the consent of the Owner. The Owner reserves the right to accept any bid or to reject any or all bids, or parts of such bids, and waive informalities or irregularities in bidding. Copies of the Bidding Documents are available to prospective bidders and subcontractors from: City of Hutchinson, ATTN: Bidding Documents, Public Works /Engineering Department, 111 Hassan St SE, Hutchinson MN 55350 and will be furnished upon request and o v ent of S53.25 per set (NON-REFUNDABLEl. The successful bidder will be furnished free of charge, additional adequate number of specifications. The following Information must accompany the request and payment for Bid Documents: Company name Melling address Street address Phone Fax Contact Name & E-mail Address Gary D. Plotz, City Administrator PUBLISHED AS FOLLOWS: HUTCHINSON LEADER ON THURSDAY, NOVEMBER 16, 2006 & NOVEMBER 23RD, 2006 CONSTRUCTION BULLETIN ON FRIDAY, NOVEMBER 17TH, 2006 & NOVEMBER 24TH, 2006 � cgs n U C TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer — Rte'_ Consideration for Approval of Design Services Agreement wi *_h SEH Coesultine `__ NE Trunk Storm Sewer Phases 2 & 3 DATE: November 14, 2006 Last fall Phase 1 of the NE Trunk Storm Sewer was completed to the north of Hillcrest Road through the • Sorensen property. At this point, SEH Consulting has completed a conceptual hydraulic design for Phase 2 to the west through Northwoods Park. This current agreement will facilitate the completion of the Phase 2 hydraulic design and also address the need for a preliminary stormwater analysis of the drainage area surrounding the TH 15/North High Drive intersection (Phase 3). MnDOT anticipates construction of a roundabout at this intersection in 2008, thus surrounding trunk storm sewer needs must be identified and accounted for prior to the final design of that project this winter. We recommend approving this Design Services Agreement with SEH Consulting in the not -to- exceed amount of $14,000.00. cc: Gary Plotz— City Administrator • SEH October 19, 2006 Mr. Kent Exner, PE City Engineer City of Hutchinson 111 Hassan St. SE Hutchinson, Minnesota 55350 Dear Mr. Exner: RE: City of Hutchinson TH 15/North High Drive Roundabout Preliminary Storm Water Engineering SEH No. P- HUTCH0702.00 -- Short Elliott Hendrickson Inc.e (SEH) is - pleased to provides the Ckyof Hutchinson (City) wit?ra -p opused scope of work for the TH 15 / North High Drive Roundabout Project (Project). We have prepared our scope of services for the completion of a Preliminary Storm Water Engineering Design Report of the TH 15 storm sewer trunk line and storm water pond. The City of Hutchinson can rely on SEH's experienced, in -house water resources staff to complete this project. Jeremy Walgrave will act as Project Manager and provide QA/QC for the project. Erin Kreger will complete the preliminary design tasks. Jeremy and Erin have several years of experience with storm • water projects and have completed a number of projects as a team throughout the State of Minnesota. ht addition, Dave Halter will be the Principal -in- Charge for the project. Dave will provide leadership and will review the Report to ensure consistency with other services provided to the City in the past. \J The Project will require a complete preliminary design of the storm sewer system and storm water pond. Our water resources staff will conduct research to ensure all applicable rules and regulations, including rate control needs and NPDES compliance are incorporated into the design. SEH will provide the City of Hutchinson with a Preliminary Design Report describing the storm sewer trunk -line sizes and the details of a storm water pond, to be located at the southwest corner of the TH 15/ North High Drive intersection. Design standards and regulations that apply to the storm water system design and permitting will be included in the report. In addition, SEH will finalize and include its preliminary engineering for the storm water system near Hillcrest Road. A Draft of the above - described Report will be provided in order to obtain input from the City to ensure that all project objectives are met. Comments on the Draft Report will be incorporated into a Final Storm Water Engineering Report and five (5) copies of the Final Report will be delivered to the City. Compensation and Estimated Fee Compensation for completion of services will be billed based on the hourly billable cost of personnel, plus reimbursable expenses including reproductions, mileage and equipment. The estimated cost to complete the project is $14,000. The estimated fees for each task will not be exceeded without written authorization from the City. Our estimated hours and task fees are provided in Attachment A. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110 -5196 SEH is an equal opportunity employer I w .sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax ��\ • J Mr. Kent Exner, PE City of Hutchinson October 19, 2006 Page 2 Schedule We will commence work on this project immediately, following execution of this agreement or upon notice to proceed by the City of Hutchinson. We estimate that the Draft Report will be completed within 30 days of being authorized to proceed, and the Final Report will be completed 14 days after receiving comments from City staff. We understand that this schedule may be extended if the City requests design modifications beyond the scope of the agreement. Indemnification SEH shall indemnify and hold harmless the City and City's employees from and against any and all costs, losses and damages (including but not limited to all fees and charges of engineers, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of SEH, SEH's officers, directors, partners, and employees in the performance and furnishing of SEH services under this agreement. Modification and Termination This agreement represents the entire understanding between the City of Hutchinson and SEH. Modification or amendment to this agreement may be made in writing, signed by both parties. This agreement may be terminated by either party upon seven days written notice. In the event of termination, SEH shall be compensated for services to the termination date, including reimbursable and terminal expenses. We are very appreciative of this opportunity to submit our proposed scope of services and your thoughtful consideration. If you have any questions or need additional information, please feel free to call Jeremy at 651.490.2037. If this letter agreement meets with your approval, please sign and date both copies, return one copy to us for our files and keep the other copy for your records. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Jerem algrave, PE Project Manager Attachment Accepted by City of Hutchinson M David C. Halter, PE Client Service Manager Date: (A) 0 11 CI.. —Wnfnn Fn�ln nfinll 0 H(TBGn%r/BnI /'�� Il1I d/I�VIIII /I/ IIV /�v •vvi�..vv.. -. .�........ Tasks ... cSM io PM PE GIS /CAD AdminJAcct. Ex nses Total Meeting 4 4 Preliminary Pond Design -TH15 Roundabout 4 24 4 1 Preliminary Trunk Line Storm Sewer Desi n 4 24 4 2 Preliminary Drainage Design Report - DRAFT 4 8 32 8 4 Preliminary Drainage Desl n Report - Final 2 4 2 200 Finalize the Hillcrest Rd. Area Storm Water Analysis 2 4 Incorporate Hillcrest Rd. Area 5tucly into Report 2 Total Hours 8 24 90 18 7 1,363 2,427 8,238 1,281 493 200 14 000 0 r•_ TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer — RE: Conx ?Jeration of Contract with GoodPointe Technology for Ravement Managcmciz- Consulting Services DATE: November 14, 2006 As the Public Works staff continues to utilize a pavement management approach to determine the most • cost - effective methods to maintain our street infrastructure, the accuracy and completeness of the system data is critical. Thus, City staff has requested a proposal from Goodpointe Technology to complete a detailed Pavement Condition Index (PCn survey on approximately 80 centerline -miles of roadway. Also„ included within this agreement are support services provided by GoodPointe to maintain the system data and supply specific reports to the City through May 3, 2008. We recommend approving this Contract with GoodPointe Technology in the not -to- exceed amount of $20,700.00. cc: Gary Plotz —City Administrator 0 • October 20, 2006 GOOOPOINTE TECHNOLOGY Mr. John Olson Public Works Superintendent City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Dear John: ICON Gel to the poir& GoodPointe Technology Proposal: 2007 -701 GoodPointe Technology is pleased to offer infrastructure managernuic consu![ing services to the City of Hutchinson. The requested services are to perform a detailed Pavement Condition Index (PCI) survey on approximately 80 centerline -miles of roadway in the City of Hutchinson and enter the data into the City' s existing pavement management system (Task 1). This pavement condition survey will update the set of pavement management system data and will form the basis of future budget scenario analysis projections for the City. This proposal also features comprehensive ICON support (Task 2) so that GoodPointe can maintain the ICON system data entry and reporting requirements for the City through May 31, 2008. Attached to this letter is a scope of services and related cost proposal. If after reviewing this document you have any questions or concerns regarding the project setup or services detailed in this letter, please call me at 651.726.2555. Thank you for your continued interest in our services. We look forward to working with you on this project! Sincerely, GoodPointe Technology Anthony J. Kadlec Vice President Attachment: Proposed Scope of Service \proposals \Hutchinson \2007- 701.doc • Client Copy -Page 1 of 2 (please authorize and keep for your records) Proposed Scope of Services - City of Hutchinson GoodPointe Technology proposes to provide the City of Hutchinson with the following services: �. �• To ensure that the City' s ICON Pavement Management System has accurate data to form the basis of budget scenario projections for the City, GoodPointe recommends that a network level pavement condition survey be conducted in early spring 2007. The Pavement Condition Index (PCI) data collection survey will cover the entire street network of the City of Hutchinson. The surface condition survey proposed in this task is a walking survey in which 100 percent of the street surface will be evaluated. At a minimum, the following bituminous pavement distress types will be collected as part of the PCI Pavement Condition Survey: Alligator Cracking Block Cracking Bumps Corrugation Depression Edge Cracking Flushing Heaving Lane - Shoulder Drop Off Longitudinal Cracking Patching Polished Aggregate Potholes Railroad Crossing Raveling Reflective Cracking Rutting Shoving Slippage Cracking Transverse Cracking GoodPointe Technology will enter the observed distress types and distress extent data from the pavement condition survey, calculate the PCI and then update the City' s ICON database accordingly. The City' s ICON program will be ready to run budget scenarios immediately after the installation of the updated database. r L Task 2.0 ICON System Support Consulting Task 2.0 will provide the City with the ICON Standard Support Agreement plus eighty (80) hours of consultation services under the ICON Premium Support Agreement through May 31, 2008. The range of possible services for this task may include, but is not limited to: • Update the inventory of the City' s pavement management system; • Link the new inventory sections to the City' s latest ArcView GIS linework; • Enter the list of recently completed paving projects and register the PCI benefit of these projects in the ICON system; • Load the City s proposed 5 -Year (2007 -2011) CIP project list into ICON; • Meet with the City to update the its pavement management policy data (applicable strategies, unit costs, application parameters, etc.) in the ICON software; • Run multi -year budget analysis scenarios for the City to show the required level - of funding to achieve an average benchmark °CI for the overall network and /Gr average benchmark PCI for each functional class subset of the network; • OR, run multi-year budget analysis scenarios for the City to show the projected condition of the network and deferred maintenance backlog for specified level of funding; • Recommend alternative pavement management strategies to help the City to cost - effectively improve the condition of the network (e.g. reinstituting a sealcoat program that rotates in zones across the City, implementing an thin overlay program for targeted arterial routes in the network). • • Work with the City to develop an automated ICON System Report that can be run on a period basis (quarterly, annually) that documents the: o Inventory of the City network (by area, lane miles, centerline miles), subtotaled by functional class; o Current condition of the City network through the date of the report; o Trends in condition of the City network; o Increase in the inventory of the City network on an annual basis; o Level of paving project activity (by area, lane miles, centerline miles) accomplished by the Public Works Department, subtotaled by maintenance type and budget expenditure. • Develop a high impact executive summary report to highlight the trends in pavement condition of the City network and to illustrate the benefits of the scenarios run for the City; • Develop presentation materials that will help educate the citizens of Hutchinson with regard to the pavement management practices of the Public Works Department (e.g. sample pictures of pavements at different levels of PCI); • Presentation of the results to designated City staff; and, • Miscellaneous database consultation services to integrate other infrastructure assets into the ICON system (e.g. signs, storm - sewer, sanitary- sewer, watermain, and /or other right -of -way assets). Note: additional software license /support charges may apply for other ICON program modules. 9 U-) �J Client Copy -Page 2 of 2 (please authorize and keep for your records) Proposed Cost Estimate - City of Hutchinson Pavement Evaluation Services Basis of Payment: The pavement condition survey data will be conducted in the field on the selected pavement sections within the City' s jurisdiction. GoodPointe Technology will enter all the data from the pavement condition survey, calculate the PCI and then deliver the updated databases to the City for installation. The City will be able to run budget scenario runs immediately after the installation of the updated databases. If the City requests all 80 miles-to be evaluated by GoodPointe, -we will provide this _ -- -- service at a discounted unit cost rate of $195 per centerline mile, according to the terms specified in this proposal. MTTVi • ... 111M 11.1 GoodPointe Technology will provide the City with the standard ICON Support Agreement ($1,500) and eighty (80) hours under the ICON Premium Support Agreement ($3,600). Total Estimated Costs: Task Unit Cost Units Requested Total Cost City Signature 1 $195 per centerline 80 $15,600.00 mile (this Includes a 45 mile discount 2 Lump Sum ICON Premium $ 5,100.00 Support-80 Hours After reviewing this document, please sign both copies. Keep one copy and return the other to GoodPointe Technology. Receipt of this letter will serve as our authorization to proceed. Invoices shall be submitted on a monthly basis with payment due Immediately upon invoice. Authorized by: GoodPointe Technology Anthony J. Kadlec Vice President Total Authorized Amount: $20,700.00 Accepted by: City of Hutchinson By: Date: Zf - 9 • • GoodPointe Technology Copy -Page 1 of 2 (p /ease authorize and return to GoodPointe Technology) Proposed Scope of Services - City of Hutchinson GoodPointe Technology proposes to provide the City of Hutchinson with the following services: .. To ensure that the City s ICON Pavement Management System has accurate data to form the basis of budget scenario projections for the City, GoodPointe recommends that a network level pavement condition survey be conducted in early spring 2007. The Pavement Condition Index (PCI) data collection survey will cover the entire street network of the City of Hutchinson. The surface condition survey proposed in this task i5 a walking survey in which 100 percent of the street surface will be evaluated. At a minimum, the following bituminous pavement distress types will be collected as part of the PCI Pavement Condition Survey: Alligator Cracking Block Cracking Bumps Corrugation Depression Edge Cracking Flushing Heaving Lane - Shoulder Drop Off Longitudinal Cracking Patching Polished Aggregate Potholes Railroad Crossing Raveling Reflective Cracking Rutting Shoving Slippage Cracking Transverse Cracking GoodPointe Technology will enter the observed distress types and distress extent data from the pavement condition survey, calculate the PCI and then update the City' s ICON database accordingly. The City' s ICON program will be ready to run budget scenarios immediately after the installation of the updated database. 1, ('�) n • 9 Task 2.0 will provide the City with the ICON Standard Support Agreement plus eighty (80) hours of consultation services under the ICON Premium Support Agreement through May 31, 2008. The range of possible services for this task may include, but is not limited to: • Update the inventory of the City's pavement management system; • Link the new inventory sections to the City s latest ArcView GIS linework; • Enter the list of recently completed paving projects and register the PCI benefit of these projects in the ICON system; • Load the City' s proposed 5 -Year (2007 -2011) CIP project list into ICON; • Meet with the City to update the its pavement management policy data (applicable strategies, unit costs, application parameters, etc.) in the ICON software; • Run multi-year budget analysis scenarios for the City to show the required level of funding to achieve an avcragebenchmark PCI for the overall net-work-and/or_ average benchmark PCI for each functional class subset of the network; • OR, run multi -year budget analysis scenarios for the City to show the projected condition of the network and deferred maintenance backlog for specified level of funding; • Recommend alternative pavement management strategies to help the City to cost - effectively improve the condition of the network (e.g. reinstituting a sealcoat program that rotates in zones across the City, implementing an thin overlay program for targeted arterial routes in the network). • Work with the City to develop an automated ICON System Report that can be run on a period basis (quarterly, annually) that documents the: o Inventory of the City network (by area, lane miles, centerline miles), subtotaled by functional class; o Current condition of the City network through the date of the report; o Trends in condition of the City network; o Increase in the inventory of the City network on an annual basis; o Level of paving project activity (by area, lane miles, centerline miles) accomplished by the Public Works Department, subtotaled by maintenance type and budget expenditure. • Develop a high impact executive summary report to highlight the trends in pavement condition of the City network and to illustrate the benefits of the scenarios run for the City; • Develop presentation materials that will help educate the citizens of Hutchinson with regard to the pavement management practices of the Public Works Department (e.g. sample pictures of pavements at different levels of PCI); • Presentation of the results to designated City staff; and, • Miscellaneous database consultation services to integrate other infrastructure assets into the ICON system (e.g. signs, storm - sewer, sanitary- sewer, watermain, and /or other right -of -way assets). Note: additional software license /support charges may apply for other ICON program modules. 10 0 • Client Copy -Page 2 of 2 (please authorize and keep for your records) Proposed Cost Estimate - City of Hutchinson Pavement Evaluation Services Basis of Payment: The pavement condition survey data will be conducted in the field on the selected pavement sections within the City's jurisdiction. GoodPointe Technology will enter all the data from the pavement condition survey, calculate the PCI and then deliver the updated databases to the City for installation. The City will be able to run budget scenario runs immediately after the installation of the updated databases. If the City - requests all 80 milestc be evaluated by GoodPointe, we will provide this service at a discounted unit cost rate of $195 per centerline mile, according to the terms specified in this proposal M-WAID01610 GoodPointe Technology will provide the City with the standard ICON Support Agreement ($1,500) and eighty (80) hours under the ICON Premium Support Agreement ($3,600). Total Estimated Costs: Task Unit Cost Units Requested Total Cost City Signature 1 $195 per centerline 80 $15,600.00 mile (this includes a 45 mile discount 2 Lump Sum ICON Premium $ 5,100.00 Support-80 Hours After reviewing this document, please sign troth copies. Keep one copy and return the other to GoodPointe Technology. Receipt of this letter will serve as our authorization to i proceed. Invoices shall be submitted on a monthly basis with payment due immediately upon invoice. Authorized by: GoodPointe Technology Anthony J. Kadlec Vice President Total Authorized Amount: $20,700.00 Accepted by: City of Hutchinson By: Date: f/= iy /,7 (_X�) )H MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Dan Hatten, Director of Police / Emergency Management Services DATE: November 8, 2006 RE: Joint Powers Agreement As you are aware, Hutchinson Police Services currently is a member of the Southwest Metro Drug Task Force. The Joint Powers Agreement in your council packet is for January, 1, 2007 to December 31, 2007. It is required of all members of the task force to receive approval regarding the agreement from their city council or county board. This agreement will allow us to work in conjunction with the other agencies to target the drug activity that affects our communities. • 2006 -01 -0006 /Ikg Attachment C� J 0 Southwest Metro Drug Task Force Joint Powers Agreement January 1, 2007 — December 31, 2007 THIS AGREEMENT is made by and between Carver County, Glencoe Police Department, Hutchinson Police Services, McLeod County, Prior Lake Police Department, Scott County, Shakopee Police Department and South Lake Minnetonka Police Department, hereinafter referred to as Governing Board, through their respective law enforcement agencies. WHEREAS, Minn. Stat. Sec. 471.59 provides for the joint exercise of power by two or more governmental units and specifically allows for the joint exercise of police power. WHEREAS, The Southwest Metro Drug Task Force has been created by the parties for the targeting of felony level narcotics distributors and the interdiction of narcotics traffickers in the named jurisdictions; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: •Purpose The purpose of the Southwest Metro Drug Task Force is to provide a comprehensive and multi - jurisdictional effort to reduce felony level drug trafficking through the coordination of the law enforcement agencies that make up the governing board. Investigators are licensed peace officers paid through a combination of pooled federal and local (match) funds. Investigators will act on information and investigate specific cases related to felony level drug distribution. Task Force operations are to be coordinated by the Southwest Metro Drug Task Force Governing Board, which is comprised of one designated official from each named agency. (For the year 2007, the Task Force investigators will be located within their employing agency's office and their daily task force activities will be supervised/coordinated by the Task Force Commander.) Investigators will be licensed peace officers paid through the Task Force funds comprised of pooled federal and local money. Investigators will act as gatherers of information and investigators of specific cases. Task Force personnel will be available to assist in investigation(s), provide technical advice and support, and provide needed equipment, if available. Investigators assigned to the Task Force will have discretionary powers of arrest in all jurisdictions. Offenses taking place in a specific jurisdiction will involve the prosecution of those individuals by the appropriate authority, or the United States Attorney General's Office. (�, C�) Pursuant to Minn. Stat. Sec. 471.59, Subd.12, agents licensed as Minnesota Peace Officers may cross jurisdictional boundaries for all purposes reasonable and necessary to accomplish the goals of this Agreement. II. Formal Framework/Structure All member agencies shall abide by the requirements set forth in this Joint Powers Agreement. The Governing Board shall consist of Chief Law Enforcement Officers (CLEO's), or designees, from each member agency and shall be responsible for the overall management and budget of the Task Force. Each CLEO shall be entitled to one vote. A member of the Governing Board shall be selected, by a vote of the governing board, to serve as the Executive Director of the Task Force on an annual basis. The Executive Director shall be responsible for conducting business meetings, documenting meeting minutes, and maintaining frequent communication with members of thaGoverning Board - - — and the Task Force Commander. The Executive Director shall conduct monthly business meetings of the Governing Board. The Board will establish and set policies and procedures, review operational activities and expenditures, and discuss issues relevant to Task Force operations. Action shall be determined by majority vote of a quorum of voting members (Each agency, which contributes to the Task Force an annual fee that designates them as voting member, has equal voting authority). The Board may accept donations from local law • enforcement agencies. These contributors do not have a vote on the Task Force but are allowed and encouraged to attend the monthly meetings. • The chain of command is as follows, in descending order: Governing Board; Executive Director; Task Force Commander; Investigator The Task Force shall be partially funded through federal and state grants administered by MN Department of Public Safety. The Task Force shall cooperate with all reporting requirements of a grant recipient. Member agencies shall each make financial contributions to be administered by the Task Force. The amount of contribution shall be determined by the Governing Board and shall be reviewed annually. Assets seized and forfeited through lawful channels by the Task Force shall become Task Force assets and may be used as supplemental funding for Task Force operations and other expenses relating to the Task Force. The Task Force Commander shall be responsible for developing and administering the Task Force budget. The proposed budget must go through a budget approval process by the Governing Board before any expenditure may be made. 2 / r, The Task Force Commander is assigned to the Task Force by their agency CLEO and, while on assignment, reports to the Executive Director. The Commander has the authority and responsibility to: Direct all agent activities, assign work, transfer agents, develop best practices and policies, reward agents by writing letters of commendation, suspend agents from Task Force duties and order them back to their agency, recommend to the Board cancellation of an agent assignment, evaluate the performance of agents and report, at least quarterly, results to the Task Force Board and agent's CLEO. The Commander shall be responsible for working with the appointed fiscal agent of the Task Force, manage operational disbursements, and apply for and manage any grants used by the Task Force. It should be noted that the Governing Board sees the assignment and membership with the Task Force to be a privilege. If any agent is not performing to acceptable levels, or violates policies and procedures, the Commander has the right to send that agent back to their agency for the remainder of their shift. The Task Force Commander will then contact the agents' supervisor or CLEO regarding the issues. This is in no way a disciplinary action. The agents' employer would direct any disciplinary action or permanent change in assignment. Any permanent change to an- agent's status on the Task Force would be with the approval of the Governing Board. III. Operations Officers assigned to the Southwest Metro Drug Task Force shall be housed in their employing agency's office. The agency that employs the current Task Force Commander shall be considered the "central clearing house" for all information, coordination of all • agent activities, as well as all financial records. This agency will remain the central location for the duration of the Commander's assignment to the Task Force. The Task Force Commander, in conjunction with the Governing Board, shall be responsible for maintaining an intelligence database. This database shall contain information relevant to suspect's personal information and any alleged criminal activity. It is the agents' responsibility to ensure prompt entry of relevant intelligence information in the appropriate file(s). The Task Force Commander, in conjunction with the Governing Board, shall maintain a statistical record keeping system that contains information relevant to arrests, property seizures, controlled substance seizures, and forfeitures. The Commander shall be responsible for reporting the Task Force statistical data to the State as part of the grant requirement. The Task Force Commander, in conjunction with the Governing Board, shall maintain financial records. Every year, the Governing Board will determine who is the fiscal agent responsible for the accurate record keeping of all financial matters related to the Task Force. For the FY 2007, the Task Force has employed the financial services of the City of Shakopee to maintain these financial records. These records shall detail Task Force income and expenditures and shall be available for review at any time by the Executive Director and the Task Force Commander. Agents shall maintain their own records at the direction of the Commander, pertaining to • informant usage and reliability. These files are confidential and will be maintained according to Task Force policy and regularly evaluated by the Commander. Agents are responsible for the timely filing of all required reports, documents, and other • administrative and /or case work as required by law, the Commander, and/or set forth in the policy manual. All files are the property of the SWMDTF and will be supervised by the Commander. The Commander shall establish a record keeping system that tracks all cases and other appropriate information. To increase efficiency, it is recommended that all agents assigned to investigate narcotics violations receive training in the following areas prior to assignment or as soon as reasonably practical thereafter: - Search Warrants/Entries /Raid Planning & Execution - Civil Process/Forfeiture Procedures - Evidence Col lection /Testing/Handling/Packaging /Documentation - Surveillance Techniques /Counter Surveillance Awareness - Electronic Surveillance Device Usage/Capabilities/Limitations - Formal Complaints /Charging - Covert Operations/P_ lainclothes/Undercover-operations - Interview /Interrogation/Statements - Crime Scene Management - Investigative Strategies Each narcotics agent shall be issued or have access to required investigative equipment to be used in narcotics investigations. (Participating agencies shall have access to Task Force equipment through one of the narcotics agent, when it is available.) • IV. Funding and Membership The Task Force is to be funded by a combination of federal money, state money, local contributions, donations, and forfeited money. For the FY 2007, the Task Force has been awarded a federal grant in the amount of $40,000.00 not to exceed $80,000.00 with no required cash match for the grant award. The grant amount, plus a contribution from each named jurisdiction, shall be transferred to the Southwest Metro Drug Task Force under the auspice of the assigned Financial Director for the administration of the Task Force (Financial Director is determined yearly by the Governing Board). As stated in the opening paragraph of this document, the following member agencies have committed to funding for the Task Force for the FY 2007: Counties of McLeod, Carver, and Scott, and the Cities of Hutchinson, Glencoe, Prior Lake, South Lake Minnetonka, and Shakopee. The following agencies are considered partners against drugs and have committed to providing funding to the Task Force for FY 2007: Cities of, Winsted, Lester Prairie, Belle Plaine. The actual amount of cash contribution for each agency is set by the Governing Board of • the Task Force and is reviewed annually. For the term of this JPA, the following formula is used: 4 CO Voting Membership $8,400.00 Annually (For Cities/Counties with a population • greater than 7,000 persons). Voting Membership $4,200.00 Annually (For Cities /Counties with a population less than 7,000 persons). Partners Against Drugs $2,100.00 Annually (Agencies contributing this amount have voice and attend Board meetings but have no voting rights within the Task Force Governance. Partner Against Drugs Donation of less than $2100 from a government entity and/or from a personal or non -profit organization. For the term of this Joint Powers Agreement, Task Force Personnel (Investigators and Commander) will be assigned by the following departments: Shakopee Police Department Sergeant Full -time Commander Shakopee Police Department Officer Full -time Investigator Carver County Sheriffs Department Deputy Full -time Investigator Carver County Sheriffs Department Deputy Full -time investigator Scott County Sheriffs Department Deputy Full -time Investigator McLeod County Sheriffs Department Deputy Full -time Investigator Every voting member agency in a rotation basis has an opportunity to send an officer to • the Task Force. The Board must approve non - reimbursed participation by agencies. The Task Force may disperse funds for purposes including, but not limited to, pension payments, insurance and other costs according to applicable State Law and with the agreement of the parties. The books, records and documents relevant to this agreement shall be subject to audit by the parties or the State of Minnesota at reasonable times upon written notice. Strict accountability of all funds, receipts and disbursements shall be provided for. For the term January 1, 2007 — December 31, 2007, the City of Shakopee agrees to be the Fiscal Agent responsible for the keeping of all financial records, preparing and filing all necessary forms and reports in connection with grant funding, and audits required. V. Term This agreement shall commence January 1, 2007 and will terminate on December 31, 2007, unless it is renewed for another one -year term. VI. Liability . With respect to civil liability claims, each party to this agreement shall be liable for its own acts and omissions to the extent provided for by law, and hereby agrees to indemnify, hold harmless and defend other named parties to this agreement, its officers, 5 (0(�) agents and employees against any and all liability, loss, costs, damages, expenses, claims • or actions, including reasonable attorney's fees, arising out of, or by reason of any act or omission in the execution, performance, or failure to adequately perform its obligations. This provision to indemnify and hold harmless does not constitute a waiver by any named party to limitations on liability provided by Minn. Stat. Sec. 466. Further, all worker's compensation claims shall be handled in the jurisdiction in which the investigator is employed. The Task Force does maintain liability insurance with the League of Minnesota Cities. V1I. Termination/Distribution of Assets When the Task Force is disbanded, after outstanding financial obligations are met, the Governing Board will establish a plan for equal disbursement of all assets, including but not limited to all cash, property, forfeiture funds and equipment among voting agencies. If an agency leaves the Task Force and it is not disbanded, they relinquish all funds and rights to any assets upon dissolution. VIII. Use of Forfeitures Assets seized and forfeited through lawful channels by the Task Force will be Task Force assets and used as supplemental funding for Task Force operations. Per the Governing Board, all items relating to money, once cleared by District Court, will be distributed according to Minnesota State Statutes. (The 70% distributed to the Task Force will be used to offset any of the matching funds budgeted items. These funds will also be used in conjunction with local match dollars to continue Task Force Operations should the requested grant amount be reduced or denied.) The Task Force Commander, in conjunction with the Fiscal Agent, is responsible for keeping all financial records relating to the disbursement of forfeitures. Forfeited items such as jewelry, vehicles, or real estate may be sold at public auction to be determined by the Task Force Commander in consultation with the Governing Board. All firearms seized will first be offered to participating agencies for law enforcement use. The remaining firearms will be destroyed if they are deemed unusable to the Task Force. IX. General Provisions This Drug Task Force program is to be administered under the jurisdiction of the MN Department of Public Safety. All activities are to be consistent with and subject to the grant application, as well as applicable state and local laws. If grant money is not available, or granted in a sufficient amount, the Drug Task Force will dissolve and disbursement will take place. It is noted that the Task Force has in place a strategy for sustainment and dissolution will take place only after all efforts have been exhausted to continue the Task Force Operations. 6 ( (\ 9 n U • X. Coordination Overall governance of the Task Force operations, including the setting of investigative priorities and general operative procedures, will be vested in the Governing Board. All persons assigned to the Task Force shall work under the supervision/coordination of the Task Force Commander and will be subject to policies and procedures of both the Task Force and their respective agency. It is the duty of the Task Force Commander to work through any conflicting policies, with the Executive Director, Governing Board, and investigator's CLEO should policy conflict arise. SOUTHWEST METRO DRUG TASK FORCE • JOINT POWERS AGREEMENT January 1, 2007 - December 31, 2007 SIGNATURE PAGE The attached Joint Powers Agreement has been approved/denied by the (City /County) (Council/Board) of the - (City /County) of this day of • Name/Title Name/Title Name/Title Name/Title r1 u 20 Name/Title Name/Title Name/Title Namerritle 8 CITY OF HUTCHINSON MEMO Finance Department November 9, 2006 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: CITY DEBT LEVY OPTIONS & USE OF CLOSED BOND FUND CASH With the defeasance of the 1996, 1997, and 1998 improvement bonds in December 2006. By calling the bonds early we will not need to levy for these bonds as proposed with the 2007 preliminary levy. Steve Apfelbacher will outline debt levy options for the council • to consider as the city looks to the future infrastructure needs and the long term program the Council has set up as the guide. We also will review the closed bond fund cash on hand and potential uses of that money. We have attached where money has been already appropriated by the council as well as projects an uses the Council could consider as we move forward. H: \DOC \City counci2 memo 1.doc r i �J $(a) City of Hutchinson Debt Planning: How to Achieve a Stable Debt Levy as the Community Grows Ehlers & Associates November 14, 2006 L% • • • City's Long Term Goals ■ Last spring, the City Council identified important long -term goals: o Attempt to limit new debt supported by tax levy to $1.5 million per year. • Work toward a debt structure that keeps debt levies constant from year to year. • Increase debt levy 5% annually to keep pace with growth, until stable levy is achieved in 2015. • Review best ways to use cash to achieve these goals. DO 0 Stable Levy Achieved in 2015 Projected Peak Annual Debt Levy: $2.2 million 1, r rrr ��r rr r�r � VA r1r Projected Futue Debt Levy with Series 2006A G.O. Improvement Bonds NIIIII WE' I II 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Existing Debt � Future Debt including Series 2006 Target Levy 0 3,000,000 2,800,000 2,600,000 2,400,000 2,200,000 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 Baseline Levy Comparison 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 n rte, Future Levy Reductions from Defeasance • In 2006, the City retired three debt issues (Series 1996, 1997, and 1998) with available cash. • City will save $52,343 in interest expense. • Future debt levy reduced by almost $600,000. • Provides two options for future levy reduction._ 0 0 9 Option 1: Short -Term Levy Reductions ■ Significant levy reductions for Pay 2007 and 2008 • Volatile tax levy next three years: 2007 - $317,000 decrease 2008 - $130,000 (9 %) increase 2009 - $295,000 (21%) increase • No affect on projected long -term debt levy U 3,004,000 2,800,000 :,800,000 2,400,000 2,200,440 2,004,400 1,804,004 1,844,440 1,400,440 1,304,000 3008 2041 3008 2448 3410 .1011 2413 3018 3014 3018 2416 2017 2018 2018 2020 2421 Option 2: Defer Savings for Long -Term Levy Reductions ■ Maintain 5% levy increase through 2011 ■ $60,000 annual levy reduction 2012 — 2021 ■ Reduces peak levy that must be reached to achieve level debt service 7.000,000 2,600,000 2,600,000 2,400,000 2,200,000 2,000,000 1,800,000 1,600,000 1,400,000 1,200,000 2006 2007 2006 '2008 2010 2011 2012 2012 2014 2016 2016 2017 2018 2016 2020 2021 Opportunities for Existing Crash Reserves • City has approximately $722,000 available and uncommitted from closed bond fund • Possible additional $200,000 from • Can be used for priority projects, to debt at or below $1.5 million ❑ School Road Underpass ❑ Crow River Dam Replacement ❑ Fire Truck LGA keep annual ■ Can establish reserve to "buy down" future levies. ■ Can add to_undesignated fund balance. I • Potential Source for Replacing Cash Reserves in the Future ■ State law requires City to levy 105 % of annual principal and interest ■ 5% "over -levy" protects City from non - payment of taxes or pre- payment of special assessments ■ The "over -levy" is held in debt service fund,until bonds are retired ■ No assurance cash will be available after debt paid ■ Cash remaining from "over -levy" can be used for capital improvements, to reduce other debt levies,, or transferred to general fund ■ Need to complete debt study to determine likelihood of 5% "over- - - -- levy" being available in the future 0 0 Recommendations • Achieve future levy reduction through ❑ Defeasing bonds if and when possible ❑ Managing future debt levy with debt study • Continue with Debt Levy Plan (i.e., 5% increase per year in the short =term) • Use future levy reductions to reduce peak levy in 2015 and thereafter • Use cash for capital projects, reducing future levies n LJ n U • �s e�) Closed Sp Assessment 2006 Bonds LGA 2005 Balance 930,277 0 Estimated 200,000 Estimated transfer from bonds 841,412 1,771,689 USES 2006 Commitments Public Strategies (3114106 action ) 43,000 Citizens Survey 10/24/06 action 15,000 Projects - funding consideration SCHOOL ROAD UNDERPASS 1,450,000 Federal Grant 800,000 GOImprovement 150,000 150,000 Mn State Aid 500,000 DAM REPLACEMENT 1,500,000 Federal Grant 800,000 State Grant 350,000 Storm Water Utility 350,000 350,000 COLD STORAGE 250,000 Water department 63,000 sewer Department 37,000 Bond Fund 150,000 150,000 City Center Parkin Capital projects 280,000 Fire Truck Bid 312,291 2007 budget 25,000 287,291 287,291 State Trail Tax Relief Fund City Council Fund 500,000 TOTAL 1,495,291 �s e�) CITY OF HUTCHINSON RESOLUTION NO. 13058 Resolution for the Adoption of the Vantagecare • Retirement Health Savings (RHS) Program Plan Number: 801393 Name of Employer: City of Hutchinson State: Minnesota Resolution of the above -named Employer (the "Employer "): WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the establishment of a retiree health savings plan for such employees serves the interests of the Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the establishment of the retiree health savings plan (the "Plan ") serves the above objectives; NOW, THEREFORE BE IT RESOLVED, that the Employer hereby adopts the Plan in the form of the ICMA Retirement Corporation's VantageCare Retirement Health Savings program. • BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The Employer has executed the Declaration of Trust of the City of Hutchinson Integral Part Trust in the form of: • The model trust made available by the ICMA Retirement Corporation • The trust provided by the Employer (executed copy attached hereto). BE IT FURTHER RESOLVED, that the Human Resources Director shall be the coordinator and contact for the Plan and shall receive necessary reports, notices, etc. I, Gary D. Plotz, City Administrator of the City of Hutchinson, do hereby certify that the foregoing resolution, proposed by City Council Member was duly passed and adopted in the Council Chambers of the City of Hutchinson at a regular meeting thereof assembled this day of October, 2006 , by the following vote: AYES: NAYS: ABSENT: • (Seal) City Administrator City of Hutchinson, Minnesota 9 ADMINISTRATIVE SERVICES AGREEMENT • Type: VantageCare RHS Account Number: 801393 City of Hutchinson • C� �G) Plan # 801393 ADMINISTRATIVE SERVICES AGREEMENT • This Agreement, made as of the day of , 20 (herein referred to as the "Inception Date "), between The International City Management Association Retirement Corporation ( "ICMA -RC "), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the City of Hutchinson ( "Employer ") a local governmental instrumentality organized and existing under the laws of the State of Minnesota with an office at 1 1 1 Hassan Street, Se, Hutchinson, Minnesota 55350 -2522. 1] RECITALS Employer acts as a public plan sponsor for a retiree health plan with responsibility to obtain investment alternatives and services for employees participating in that plan; Employer desires to make the VantageCare Retirement Health Savings Piaii i "nnS Plan" or "Plan ") provided by ICMA -RC available to its employees; ICMA -RC makes available the Vantagepoint Funds, a no -load, diversified mutual fund, for investment of public employer plan assets, including RHS Plan assets; ICMA -RC provides a complete offering of services to public employers for the operation of employee retirement and retiree health savings plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record - keeping, investment and tax reporting, form processing, benefit disbursement and asset management. AGREEMENTS 1 . Acceptance of RHS Plan Employer agrees to make the RHS Plan provided by ICMA -RC available to its employees. The details of the RHS Plan shall be as mutually agreed between the Employer and ICMA -RC, and in general shall be as set forth in the RHS Plan materials developed by ICMA -RC and provided to Employer. The RHS Plan materials are hereby incorporated by reference and made a part of this Agreement, except that Employer and ICMA -RC may from time to time mutually agree in writing to terms that vary from the RHS Plan materials. RHS plan materials shall include the VantageCare RHS Employer Manual, available electronically through the EZ Link System upon plan adoption. The functions to be performed by ICMA -RC and its agents include: (a) allocation in accordance with participant direction of individual accounts to -2- 9�0.� Plan # 801393 investment funds ( "Funds ") made available to Plan participants; • (b) maintenance of individual accounts for participants reflecting amounts contributed, income, gain, or loss credited, and amounts disbursed as benefits; (c) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts; (d) communication to participants of information regarding their rights and elections under the Plan; (e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan; and (f) performance of tax withholding and reportirrj in conjunct on with the Employer for each RHS account. 2. Employer Duty to Furnish Information Employer agrees to furnish to ICMA -RC on a timely basis such information as is necessary for ICMA -RC to carry out its responsibilities with respect to the Plan, • including information needed to allocate individual participant accounts to Funds, and information as to the employment status of participants, and participant ages, addresses, beneficiaries and other identifying information (including tax identification numbers). ICMA -RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant, dependent, or beneficiary that is furnished by such participant, dependent, or beneficiary, and ICMA -RC shall not be responsible for any error arising from its reliance on such information. ICMA -RC will provide account information in reports, statements or accountings. • 3. Certain Representations and Warranties ICMA -RC represents and warrants to Employer that: (a) ICMA -RC is a non - profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. (b) ICMA -RC is an investment adviser registered as such with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA -RC Services, LLC (a wholly owned subsidiary of ICMA -RC) is registered as a broker - dealer with the Securities and Exchange Commission -3- 9 c0.S Plan # 801393 (SEC) and is a member in good standing of the National Association of • Securities Dealers, Inc. Employer represents and warrants to ICMA -RC that: (c) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (d) Information required to be retained by the Employer shall be set forth in the RHS plan materials developed by ICMA -RC and provided to the Employer. (e) Employer is responsible for determining ihat there are no state or local laws that would prohibit it from establishing ICMA -RC's VantageCare RHS program. Employer is also responsible for determining that the investments selected for the RHS plan fall within stateflocal requirements. (f) Employer acknowledges that the RHS plan may be treated as a "health plan" for Health Insurance Portability and Accountability Act ( "HIPAA") purposes and • therefore may be subject to HIPAA privacy rules. If it is determined that the RHS plan is considered a "health plan ", an employer sponsoring RHS would be responsible for complying with the HIPAA privacy and security rules regarding protected health information of RHS plan participants. • ICMA -RC has procedures in place to safeguard the protected health information of RHS plan participants. 4. Participation in Certain Proceedings The Employer hereby authorizes ICMA -RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to a medical child support order. Unless Employer notifies ICMA -RC otherwise, Employer authorizes ICMA -RC to determine whether disbursement of benefits to a former spouse, spouse or child pursuant to a medical child support order is appropriate. 5. Compensation and Payment (a) Absent an explicit agreement to the contrary between ICMA -RC and Employer, participant fees and expenses shall be payable from RHS assets, in accordance M Plan # 801393 with the requirements of the RHS Plan as set forth below. • (i) Employer with ICMA -RC §401 and §457 retirement plan average participant account balances of $25,000 or more: A $30 annual account fee will be charged to each Accountholder's account. The fee will be charged against the account on a quarterly basis. Effective January 1, 2006, the annual account fee shall be waived until attainment of Benefit Eligibility by the Accountholder. Benefit Eligibility shall be transmitted electronically to ICMA -RC by Employer through the EZ Link System. Benefit Eligibility shall mean the quarter in which the Accountholder becomes eligible to use the account for reimbursement of medical expenses under the terms of the Employer's RHS Plan. In addition to the annual account fee, an annual asset fee of 0.30% (30 basis points) will be charged on a quarterly basis, based on the balance in the account on the last day of the previous quarter. (ii) Employer with ICMA -RC §401 and §457 retirement plan average participant account balances of less than $25,000, or Employer who does not currently have a retirement plan with ICMA -RC: • A $30 annual account fee will be charged to each Accountholder's account. The fee will be charged against the account on a quarterly basis. Effective January 1, 2006, the annual account fee shall be waived until attainment of Benefit Eligibility by the Accountholder. Benefit Eligibility shall be transmitted electronically to ICMA -RC by Employer through the EZ Link System. Benefit Eligibility shall mean the quarter in which the Accountholder becomes eligible to use the account for reimbursement of medical expenses under the terms of the Employer's RHS Plan. • In addition to the annual account fee, an annual asset fee of 0.40% (40 basis points) will be charged on a quarterly basis, based on the balance in the account on the last day of the previous quarter. When the average participant account balance of the Employer's §401 and §457 retirement plans with ICMA -RC totals $25,000 or more (based on the balances in the Employer's retirement plans on the last day of the previous quarter), the pricing detailed in paragraph 8.a. shall apply beginning in the subsequent quarter. -5- Plan #f 801393 (iii) Account administration fees are subject to change with appropriate • prior notification. (b) Compensation for Advisory and other Services to the Vantagepoint Funds. Employer acknowledges that certain wholly -owned subsidiaries of ICMA -RC receive compensation for advisory and other services furnished to the Vantagepoint Funds. The fees referred to in this subsection are disclosed in the Vantagepoint Funds Prospectus. 6. Custody Employer understands that amounts contributed to the RHS plan are to be remitted directly to Vantagepoint Transfer Agents in accordance with instructions provided to Employer in the RHS plan materials and are not to be remitted to the ICMA Retirement Trust or ICMA -RC. In the event that any check or wire transfer is incorrectly labeled or onsfcrreJ, ICMA -RC will return it to Employer with proper insttuc"fioris. 7. Responsibility (a) ICMA -RC shall not be responsible for any acts or omissions of any person other than ICMA -RC in connection with the administration or operation of the Plan. . (b) The Employer understands that, as a general matter, the Internal Revenue Service ( "IRS ") may decline to rule on certain design features or provisions that the Employer may request to have added to the RHS plan materials. The Employer agrees to hold ICMA -RC harmless in connection with the addition and administration of any RHS plan feature or provision requested by the Employer for which the IRS will not provide express interpretive guidance. • 8. Term This Agreement shall be in effect for an initial term beginning on the Inception Date and ending 5 years after the Inception Date. This Agreement will be renewed automatically for each succeeding year unless written notice of termination is provided by either party to the other no less than 60 days before the end of such Agreement year. 9. Amendments and Adjustments (a) This Agreement may not be amended except by written instrument signed by the parties. (b) The parties agree that an adjustment to compensation or administrative and operational services under this Agreement may only be implemented by ICMA- W-M 9 ca Plan # 801393 RC through a proposal to the Employer via correspondence or the Employer • Bulletin. The Employer will be given at least 60 days to review the proposal before the effective date of the adjustment. Such adjustment shall become effective unless, within the 60 day period before the effective date, the Employer notifies ICMA -RC in writing that it does not accept such adjustment, in which event the parties will negotiate with respect to the adjustment. (c) No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. 10. Notices All notices required to be delivered under Section 9 of this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002 -4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 11. Complete Agreement • This Agreement shall constitute the sole agreement between ICMA -RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. • 12. Governing Law This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto have executed this Agreement as of the Inception Date first above written. CITY OF HUTCHINSON Name of Employer -7- 9 co-) • 0 by: Plan # 801393 Signature /Date Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION by: Paul Gallagher Corporate Secretary EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN ADOPTION AGREEMENT Plan Number: 801393 II. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government. III. The Effective Date of the Plan: January 1. 2007 IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare ben- efit plan(s) established by the Employer: Hutchinson Retiree Medical and Dental Expense Reimbursement Plan V. Eligible Groups and Participant Eligibility Requirements A. The following group or groups of Emolovees are eligible to participate in the VantageCare Retirement Health Savings Plan: All Employees All Full -Time Employees Non -Union Employees Public Safety Employees -- Police Public Safety Employees -- Firefighters General Employees Collectively- Bargained Employees (Specify unit) ffi Other (specify below) See attachment to Section V.A. The group specified must correspond to a group of the same designation that is defined in the statutes, ordi- nances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. If this box is checked, in lieu of mandatory participation, the Employer provides for a one -time irrevoca- ble election by eligible Employees to participate in RHS. Until such time as the election is made, the Employee shall not participate in the Plan or receive contributions pursuant to Section VI. Newly eligible Employees shall be provided an election window of -50 days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate. Partiripatio L y heg ciao earlier than the- calendacmonth fellays+ -- If the Employee does not make the election in the year of initial eligibility, the election to participate may be made in a later year. An annual election window of 30 days (no more than 60 calendar days) shall be provided during which the election may be made, The election window shall run from November 15to December 15 (insert your annual time frame for the election window, e.g. October 1 to November 29). Participation may begin no earlier than the calendar year following the year of the elec- tion. Once made, the election is irrevocable and may not be revoked while the participant is a member of the group covered by the RHS plan. If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health Savings Plan is in whole or part a non - collectively bargained, self- insured plan, the nondiscrimination requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on the benefits received 11 � 10-) Employer Retirement Health Savings Plan Name: City of Hutchinson Retirement Health Savings Plan I. Employer Name: City of Hutchinson State: Minnesota II. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government. III. The Effective Date of the Plan: January 1. 2007 IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare ben- efit plan(s) established by the Employer: Hutchinson Retiree Medical and Dental Expense Reimbursement Plan V. Eligible Groups and Participant Eligibility Requirements A. The following group or groups of Emolovees are eligible to participate in the VantageCare Retirement Health Savings Plan: All Employees All Full -Time Employees Non -Union Employees Public Safety Employees -- Police Public Safety Employees -- Firefighters General Employees Collectively- Bargained Employees (Specify unit) ffi Other (specify below) See attachment to Section V.A. The group specified must correspond to a group of the same designation that is defined in the statutes, ordi- nances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. If this box is checked, in lieu of mandatory participation, the Employer provides for a one -time irrevoca- ble election by eligible Employees to participate in RHS. Until such time as the election is made, the Employee shall not participate in the Plan or receive contributions pursuant to Section VI. Newly eligible Employees shall be provided an election window of -50 days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate. Partiripatio L y heg ciao earlier than the- calendacmonth fellays+ -- If the Employee does not make the election in the year of initial eligibility, the election to participate may be made in a later year. An annual election window of 30 days (no more than 60 calendar days) shall be provided during which the election may be made, The election window shall run from November 15to December 15 (insert your annual time frame for the election window, e.g. October 1 to November 29). Participation may begin no earlier than the calendar year following the year of the elec- tion. Once made, the election is irrevocable and may not be revoked while the participant is a member of the group covered by the RHS plan. If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health Savings Plan is in whole or part a non - collectively bargained, self- insured plan, the nondiscrimination requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on the benefits received 11 � 10-) by highly compensated Employees if the Plan discriminates in favor of highly compensated Employees in terms of eligibility or benefits. The Employer should discuss these rules with appropriate counsel. B. Participant Eligibility . Minimum period of service required for participation is 30 da)iwrite N/A if an Employee is eligible to partici- lo1ate or to elect to participate immediately upon employment). 2. Minimum age required for eligibility to participate is 2 A _ (write N/A if no minimum age is required). VI.Contribution Sources and Amounts A. Mandatory Contributions Q 1. Direct Employer Contributions The Employer shall contribute on behalf of each Participant % of earnings or $ for the Plan Yea r. Definition of earnings: Base wages after any other applicable and required pre —tax deductions (le — Public Employees Retirement Association pension contributions) Q 2. Mandatory Leave Contributions The Employer will make mandatory contributions of leave as follows: Accrued Sick Leave* Q Yes Q No Accrued Vacation* Q Yes Q No Other* (describe) Q Yes Q No * Please provide the formula for determining the Accrued Leave contribution: i i i An Employee shall not have the right to discontinue or vary the rate of annual leave contributions. Q 3. Mandatory Employee Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: Q Reduction in Salary - % of earnings las defined in VI.A.1.) or $ will be contributed for the Plan Year. Q Decreased Merit or Pay Plan Adjustment - All or a portion of the Employees' annual merit or pay plan adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rate of mandatory contributions of Employee compensation. • 12 V C) B. Elective Contributions 1. Elective Pre -Taff Contributions The Employer will permit each Employee to make the following elections to make pre -tax contributions to the Plan- a. Irrevocable Election for Pre -Tax Contributions from Compensation: A. one -time, irrevocable election of the amount of Employer contributions of compensation made on his or her behalf. The Employer limits the amount elected to either a fixed percentage or a range of percentages of an Employee's earnings % of earnings (as defined in VI.A.1.) or up to 100 % of earnings (as defined in VI.A.1) for the `Plan Year: Newly eligible Employees shall be provided an election window of 30 dais days (no more than 60)' from the date of initial eligibility during which they may make the election to contribute. Contributions may begin no earlier than the calendar month following the end of the election window. If the Employee does'not make the election in the year of initial eligibility, the'eiection to contribute may, be made in a later year. An annual election window of 30 dayz (ne more t is , L31 s &all be = provided during which the election may be made. The election window shall run from Nov. 15 to Dec. 15 (insert your annual time frame for the election window). Contributions may begin no ear- lier than the calendar year following the year of the election. Once made, the election is irrevocable and may not be revoked_ 3D b. Irrevocable Election for Pre -Tax Contributions of Accrued Leave: A one -time, irrevocable election of • the amount of employer contributions of Employee accrued' C] sick 0 vacation 91 other Vacation (describe) leave, made on his or her behalf. Yes ❑ No Leave Payouv Upon Termination and Retirement Sick Leave Payout — See Attachment to Section V1. B. 1.--b. for description The Employer limits the amount elected as shown below: EMPIOYPP may contribute up to 100% of the above noted payouts. Newly eligible Employees shall be provided an election window of 30 days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to contribute. Contributions may begin no earlier than the calendar month following the end of the election window. If the Employee does not make the election in the year of initial eligibility, the election to contribute may in a later year, An annual election window o 30 ays no more than 60 calendar days) shall be provided during which the election may be made. The election window shall run from Nov. 15 to Dec_ 15 (insert your annual time frame for the election window). Contributions may begin no earlier than the calendar year following the year of the election. Once made, the election is irrevocable and may not be revoked. c. Annual Prospective Election for Pre -Tax Contributions of Leave: An annual, irrevocable election to Annual Sick have his or her ❑ sick ❑ vacation M othed.eave Payout (describe) leave to be accrued in the next calendar year contributed to the Plan on his or her behalf and Annual Police Holiday Payout. See • Attachment to Section V1. B. 1. c. for description. 13 C� (� The Employer limits the amount elected as shown below: The Employee may contribute up to 1001 of tbe ..have annilal payouts. Contributions of future leave accruals will be remitted to the Plan . as earned 10 at the end of the calendar year. The election to contribute must be made in the calendar year before the year in which contributions are to begin_ Once made, the,election shall apply to succeeding calendar years unless otherwise revised or a!revoked by the Employee on an annual basis. An annual election window of 30 .days (no more than 60 calendar days) is provided during which eligible Employees may, make the election to contribute. The election window shall tun frorrtlov.l to Dec. 5 (insert your annual time frame for the election window). In adopting section a, b, and /or c, the Employer acknowledges that the Internal Revenue Service has not ruted.on irrevocable election contributions in an integral part trust. ICMA RC has obtained the advice of counsel that $ticfi Cpntributions are allowable under the conditions outlined in this Adoption Agreement. The EM. ploye�shouId,dis 1, ss this issue with appropriate counsel. 2. Vol untp".A� ter Tax Contributions Each Employee mqy, contribute up to °o of earnings (as defined rn VLA.1.) of $ for the Plan Year on a voluntary after-tax basis. In no event may aggregate Employee voluntary after -tax contributions exceed25% ofItotal contributions in any Plan Year: An Employee shalt have the right to discontinue or vary the rate of elective after -tax contributions of Employee earnings. By adopting this section, the Employer acknowledges that the Internal Revenue Service has declined to rule on cmployee after tax contributions in an integral part trust. ICMA RC has obtained the advice of counsel that such ontributions are allowable in an- insubstantial amount (i.e. no more than 25% of total contributions in any Plan Year). The Employer should discuss this issue with appropriate counsel. C. Limits on Total Contributions The total contribution on behalf of each Participant (including both Mandatory and Elective Contributions) for each Plan Year shall not exceed the following limit(s): ❑ % of earnings (as defined in VI.A.1.). ❑ $ [31 There is no Plan- defined limit on the percentage or dollar amount of earnings that may be contributed. Limits on individual contribution types are defined within the appropriate section above. See Section V.A. for a discussion of nondiscrimination rules that may apply to non - collectively bargained self - insured Plans. • 14 C1 C(�) 0 C�1 VII. Vesting Schedule A. The account is 100% vested at all times, unless specified otherwise in B. below. B. The following vesting schedule applies to Direct Employer Contributions outlined in VI.AA: Years of Specified Service Percent Completed Vesting C. The account will become 100% vested upon the death, disability, retirement, or attainment of benefit eligibility by a Participant. Definition of retirement: to no longer in the employ of the City of Hutchinson. D. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule outlined in B. above. VIII. Forfeiture Provisions Upon separation from the service of the Employer or upon reversion to the Trust of a Participant's account assets remaining upon the participant's death (as outlined in Section XI), a Participant's non - vested funds shall: Q Remain in the Trust to be reallocated among all Plan Participant's as Direct Employer Contributions for the next and succeeding contribution cyclels). $0 Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants. Q Remain in the Trust to be reallocated among all Plan Participants based upon Participant account bal- ances. . Q Revert to the Employer. In the case of separation from service, the Participant's non - vested funds shall be applied as shown above. In the case of reversion due to the Participant's death under Section XI, the remaining account assets shall be applied as shown above.— IX. Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health Savings Plan A. A Participant is eligible to receive benefits: retirement only (as defined in Section VII.C.) separation from service with the following restrictions At age only • At retirement and age At retirement or age _ 15 ( 6 B. Termination prior to general benefit eligibility: A Participant who separates from the service of the Employer prior to attaining benefit eligibility as outlined in Section IX.A. or C. will be eligible to receive benefits: Immediately upon separation from service. ❑ At age C. A Participant who dies or becomes totally and permanently disabled (as defined by the Social Security Administration) will become immediately eligible to receive medical benefit payments from his /her VantageCare Retirement Health Savings Plan account. X. Permissible Medical Benefit Payments Benefits eligible for payment consist of: A. X All Medical Expenses eligible under IRC Section 213* other than direct long -term care expenses, OR B. The following Medical Expenses (select only the expenses you wish to cover under the VantageCare Retirement Health Savings Plan): Medical Insurance Premiums _Medical Out -of- Pocket Expenses* - Medicare Part B Insurance Premiums Medicare Supplement Insurance Premiums COBRA Premiums Dental Insurance Premiums Dental Out -of- Pocket Expenses* Long Term Care Insurance Premiums Other (Must be eligible under IRC Section 213)* •* See Section V.A. for a discussion of nondiscrimination rules which may apply to non - collectively bargained, self- insured Plans. XI. Death Benefit In the event of a Participant's death, the following shall apply: i Account Transfer: The surviving spouse and /or surviving eligible dependents (as defined in Section XIII.FJ of the deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical bene- fits specified in Section X above. Upon notification of a Participant's death, the Participant's account balance will be transferred into the Vantagepoint Money Market Fund *. The account balance may be reallocated by the surviving spouse or dependents. * Please read the current prospectus carefully prior to investing. An investment in this fund is neither insured nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable net asset value of $1.00 per share. Vantagepoint Mutual Funds are distributed by ICMA -RC Services, LLC, a controlled affiliate of ICMA Retirement Corporation. Member NASD/S/PC. If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible depend- ents, the balance will be available for medical benefits for the designated beneficiary of the last dependent or spouse to die. Assets remaining upon the death of a designated beneficiary shall be available for medical bene- isfits of the beneficiary's designated beneficiary. If there is no living beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. 16 u There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's spouse's or dependent's designated beneficiary(ies). If there are no living spouse or dependents at the time of death of the Participant, the account will be available for medical benefits for the designated beneficiary(ies) of the Participant. Assets remaining upon the death of all designated beneficiaries shall be available for medical benefits of the beneficiary's beneficiary. If there is no liv- ing beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's beneficiary(ies) or any beneficiary's beneficiary. XII. De Minimis Accounts Upon separation from the service of the Employer prior to a Participant becoming eligible for medical benefits from a VantageCare Retirement Health Savings Plan account, Participant accounts that are considered de min - imis as specified below will be paid to the Participant. Q The de minimis account value shall be $5,000 or less. The de minimis account value shall be $ (insert dollar amount between $0 and $5 000) or less. M The Plan shall not allow de minimis account distributions. XIII. The Plan will operate according to the following provisions: A. Employer Responsibilities 1. The Employer will submit all VantageCare Retirement Health Savings Plan contribution data via electronic submission. 2. Participant status updates and /or changes or personal information updates and /or changes (Participants' termination dates, Participants' benefit eligibility dates, etc.) will be provided via'electronic submission. B. Participant account administration fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement. C. Employer plan fees will be paid by the Employer as outlined in the Administrative Services Agreement. D. Assignment of benefits is not permitted. E. Payments to an alternate payee (payee other than a Participant) are not permitted with the exception of reim- bursement of health insurance premiums to the Employer. F. An eligible dependent is the Participant's lawful spouse and any other individual who is a person described in IRC Section 152(a). G. The Employer will be responsible for withholding, reporting and remitting any applicable taxes, as outlined in the VantageCare Retirement Health Savings Plan Employer Manual. XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Employer VantageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the Trust and /or loss of tax - deferred status for Employer contributions. 17 �r EMPLOYER Tile *Attest: Title: City Administrator Accepted: Vantagepoint Transfer Agents, LLC Corporate Secretary • In l (-a)- VantageCare Retirement Health Savings Plan Implementation Data Form - Page 1 . Instructions to Employer: Provide necessary information to establish your plan properly. IcMA RETIREMENT CORP013ATION • Please contact your New Business Analyst at 1 -600- 326 -7272, if you have any questions. ICMA -RC Use Only 1. Employer # General Information 2. (902) Employer's Full Name: City of Hutchinson 3. (924) Street Address: 111 Hassan Street BE (925) 4. (918) City: Hutcbinson (919) State: MN (920) Zip Code: 55350 5. (633) Primary Contact: Brenda Ewing 6. (634) Primary Contact Title: Human Resources Director 7. (631) Primary Contact Telephone #: (320 ) 234 -4213 or 320 -587 -5151 8. (632) Fax #: ( 320 ) 234 -4240 9. (PTOO) E -mail Address: bevinglOci.hutchinson.mm.us 01 1 10. (882) Employer's Federal Tax Identification Number: 41 6005253 • 11. # of Employees: 12. # of Employees Eligible for Plan Participation: 13. # of Employees Eligible to Receive Medical Benefits: Plan Implementation 14. Plan Level Quarterly Statements: (Note: * = default) Information a. Sort Order: (629) ❑ S =SSN* $] N =Name b. Output Media: (627) 2 P= Paper* ❑ M= Microfiche ❑ B =Bound c. Type: )626) ❑ S= Summary* 1rJ O= Detail ❑ i ) Other b. Deposit Medium: (624) ID Check* ❑Wire ❑ EFT c. Data Medium: EZ Link Required to participate in RHS Plan d. First Contribution Date Following Implementation: January 19, 2007 ICMA Retirement Corporation • Attn: Records Management Unit • P.O. Box 96220 • Washington, DC 20090 -6220 • Toll Free 1 -800 669 -7400 20 �la)_, 15. (611) Contribution Information: (Note: * = default) -a. - Frequency -- (check one,); - -- Z-(OYBi- weekly' . - . ❑- W- Month4y - __ -LL (8)- Semi - quarterly - - -- ❑ (1) Weekly ❑ (5) Semi - Monthly ❑ (9) Bi- annually ❑ (2) Semi - weekly ❑ (6) Bi- quarterly ❑ (10) Annually ❑ (3) Bi- monthly ❑ (7) Quarterly ❑ (11) Semi - annually ❑ i ) Other b. Deposit Medium: (624) ID Check* ❑Wire ❑ EFT c. Data Medium: EZ Link Required to participate in RHS Plan d. First Contribution Date Following Implementation: January 19, 2007 ICMA Retirement Corporation • Attn: Records Management Unit • P.O. Box 96220 • Washington, DC 20090 -6220 • Toll Free 1 -800 669 -7400 20 �la)_, Vantagell Retirement Health Savings Plan Implementation Data Form - Page 2 ICMA RETIREMENT CORPORATION Plan Contacts 0 I any item #16 -21 is left blank, the Primary Contact in #5 will receive mailings Contribution I 19. PT02 (200) Contact Name: T leen Runke Contact (200) Contact Title: Payroll /BeneRLts Specialtar Information (420) Telephone: (320) 234 -4205 Fax: 0291 934 -4240 Trustee Contact Payroll Contact Trustee Name: Gary D Plotz Information 16, PT01 Contact Signature: Trustee Title: City Admi tstraror (200) Contact Name: Brenda Ewing (200) Please indicate (200) ContactTtle: Human Resources Coordinator alternate (420) Telephone: (320) 234 -4213 Fax: ( 3201 234 -4240 addresses in City Hutchinson Contents Section 17. PT08 Contact Signature: (420) 21. PT06 (200) Telephone: (320) 587 Contact Name: B}e9da (200) Contact Name: doleen Runke Billing (Fees) Contact (200) ContactTtle: Payroll /BeneCdts Specialist ContactTtle: Hunan Resources Director (420) Telephone: (320) 234 -4205 Fax: L?Oi 234 -4240 (420} Telephone: (32Q) 214 18. PT09 Contact Signature: Comments: (Alternate (200) Contact Name: _ (200) ContactTtle:___ (420) Telephone: O Fax: O Contribution I 19. PT02 (200) Contact Name: T leen Runke Contact (200) Contact Title: Payroll /BeneRLts Specialtar Information (420) Telephone: (320) 234 -4205 Fax: 0291 934 -4240 Trustee Contact 20. PT10 (200) Trustee Name: Gary D Plotz Information (200) Trustee Title: City Admi tstraror (200) Trustee Address: I r r Ha qsan Strept cu Street City Hutchinson State MN - Zip 55350 (420) 21. PT06 (200) Telephone: (320) 587 Contact Name: B}e9da -5151 Fax: (3M) 234 -4240T I I Ewing Billing (Fees) Contact (200) ContactTtle: Hunan Resources Director Information (420} Telephone: (32Q) 214 -4213 Fax: ( _320) 234 -4240 T— Comments: (Alternate Addressesfor #16 -21) Internal Use Only 641 912 608 • ICMA Retirement Corporation • Attn: Records Management Unit-P.O. Box 96220 • Washington, DC 20090 -6220 • Toll Free 1-800669-7400 21 I WJ • Employer VantageCare Retirement Health Savings (RHS) Plan Adoption Agreement n �J 0 Attachment to Section V. A. Per City of Hutchinson Resolution No. 9593 relating to city personnel and establishing a basic personnel policy - Employees in permanent full time positions are those whose regularly scheduled duties consist of 80 hours in a two week pay period, year round. Employees in permanent part time positions are those whose regularly scheduled duties consist of at least 40 hours but less than 80 hours in a two week pay period, year round. CA &I )�' Employer VantageCare Retirement Health Savings (RHS) Plan Adoption Agreement • Attachment to Section VI. B. 1. b. LJ n LJ Per City of Hutchinson Resolution No. 9593 resolution relating to city personnel and establishing a basic personnel policy: Vacation Leave Payout Upon Termination Any employee leaving the municipal service in good standing after at least one year of service and after giving proper notice of such termination of employment shall be compensated for vacation leave accrued and unused to the date of separation. Retirement Sick Leave Payout On retirement or upon death before retirement, a payback of one -third ivf the amount over 24u hours will be made. Employer VantageCare Retirement Health Savings (RHS) Plan Adoption Agreement • Attachment to Section VI: B. 1. c. CI • Per City of Hutchinson Resolution No. 9593 resolution relating to city personnel and establishing a basic personnel policy: Annual Sick Leave Payout Sick leave shall accrue at eight hours per month, up to a maximum of 720 hours. After the accumulation of 720 hours, a payback of one -third of the amount over 720 hours will be made annually on or about February 1. No further payment will be made on termination of employment. Annual Police Holiday Payout Police Holidays Any employee of the police department who works a rotating shift shall receive 84 hours extra pay per year in lieu of holidays, with payment made in December. Relief police dispatchers and part time officers shall be paid time and one half on holidays. VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN • DECLARATION OF TRUST OF THE CITY OF HUTCHINSON INTEGRAL PART TRUST Declaration of Trust made as of the _ day of by and between the City of Hutchinson, Minnesota a City (hereinafter referred to as the "Employer ") and "Trustee "). or its designee (hereinafter referred to as the RECITALS WHEREAS, the Employer is a political subdivision of the State of Minnesota exempt from federal income tax under the Internal Revenue Code of 1986; and WHEREAS, the Employer provides for the security and welfare of its eligible employees (hereinafter referred to as "Participants "), their Spouses, Dependents and Beneficiaries by the maintenance of one or more post- retirement welfare benefit plans, programs or arrangements which provide for life, sickness, medical, disability, severance and other similar benefits through insurance and self- funded reimbursement plans (collectively the • "Plan "); and WHEREAS, it is an essential function and integral part of the exempt activities of the Employer to assist Participants, their Spouses, Dependents and Beneficiaries by making contributions to and accumulating assets in the trust, a segregated fund, for post- retirement welfare benefits under the Plan; and WHEREAS, the authority to conduct the general operation and administration of the Plan is vested in the Employer or its designee, who has the authority and shall be subject to the duties with respect to the trust specified in this Declaration of Trust; and WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan for the exclusive benefit of Plan Participants, their Spouses, Dependents and Beneficiaries; NOW, THEREFORE, the parties hereto do hereby establish this trust, by executing the Declaration of Trust of the City of Hutchinson Integral Part Trust (hereinafter referred to as the "Trust "), and agree that the following constitute the Declaration of Trust (hereinafter referred to as the "Declaration "): • 9 G-) RETAIN BOOKLET ARTICLE 1 • Definitions • 1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective meanings set forth below unless otherwise expressly provided. , (a) "Account" means the individual recordkeeping account maintained under the Plan to record the interest of a Participant in the Plan in accordance with Section 7.4. (b) "Administrator" means the Employer or the entity designated by the Employer to carry out admin- istrative services as are necessary to implement the Plan. (c) "Beneficiary" means the Spouse and Dependents, or the person or persons designated by the Participant pursuant to the terms of the Plan, who will receive any benefits payable hereunder in the event of the Participant's death. A Beneficiary may also designate a beneficiary(ies) to receive any benefits payable hereunder in the event of the preceding Beneficiary's death, until the satisfac- tion of all liabilities under the Plan to provide benefits. In the case where there is no designated Beneficiary, any amount of contributions, plus accrued earnings thereon, remaining in the Account must, under the terms of the Plan, be returned co the Trust. (d) "Code" means the Internal Revenue Code of 1986, as amended from time to time. (e) "Dependent" means an individual who is a person described in Code Section 152(a). (f) "Investment Fund" means any separate investment option or vehicle selected by the Employer in which all or a portion of the Trust assets may be separately invested as herein provided. The Trustee shall not be required to select any Investment Fund. (g) "Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse, Depend- ent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribu- tion which has vested pursuant to the vesting schedule specified in the Employer's Plan. A Partici- pant shall, at all times, have a one hundred percent (100 %) Nonforfeitable Interest in the Partici- pant's own contributions. (h) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which the Participant has his primary place of residence. (i) 'Trust" means the trust established by this Declaration. (j) 'Trustee" means the Employer or the person or persons appointed by the Employer to serve in that capacity. g (a� VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN ARTICLE II • Establishment of Trust 2.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Partici- pants, their Spouses, Dependents and Beneficiaries. ARTICLE III Construction 3.1 This Trust and its validity, construction and effect shall be governed by the laws of the State of Minnesota State 3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine gender where appropriate, and the singular form of words shall be read as the plural where appropriate. 3- If any provision of this Trust shall be held illegal or invalid for any reason, such determinations -shsu — not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of this Trust. ARTICLE IV Benefits • 4.1 Benefits. This Trust may provide benefits to the Participant, the Participant's Spouse, Dependents and Beneficiary(ies) pursuant to the terms of the Plan. 1 4.2 Form of Benefits. This Trust may provide benefits by cash payment. This Trust may reimburse the Participant, his Spouse, Dependents or Beneficiary(ies) for insurance premiums or other payments ex pended for permissible benefits described under the Plan. This trust may reimburse the Employer, ornhe Administrator for insurance premiums. i ARTICLE V General Duties 5.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee's name as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to com- pute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the custody, investment, safekeeping or disposition of any assets comprising the Trust, to the extent such functions are performed by the Employer or the Administrator, or both. 5.2 It shall be the duty of the Employer, subject to the provisions of the Plan, to pay over to the Adminis- trator or other person designated hereunder from time to time the Employer's contributions and Partici- pants' contributions under the Plan and to inform the Trustee in writing as to the identity and value of the assets titled in the Trustee's name hereunder and to keep accurate books and records with respect to the . Participants of the Plan. RETAIN BOOKLET ARTICLE VI Investments • 6.1 The Employer may appoint one or more investment managers to manage and control all or part of the assets of the Trust and the Employer shall notify the Trustee in writing of any such appointment. 6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the Employer (or Participants, their Spouses and Dependents, or Beneficiaries to the extent provided herein) the Trustee is authorized and empowered with the following powers, rights and duties, each of which the Trustee shall exercise in a nondiscretionary manner: (a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee or in the name of a nominee, or to take and keep the same unregistered; (b) To employ such agents and legal counsel as it deems advisable or proper in connection with its duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be liable for the acts of such agents and counsel or for the acts done in good faith and in reliance - -- - — — upon the advice of -such agents and legal counsel, provided it has -usea' i easonablu car -_ r! - selecting such agents and legal counsel; (c) To exercise where applicable and appropriate any rights of ownership in any contracts of insurance in which any part of the Trust may be invested and to pay the premiums thereon; and (d) At the direction of the Employer (or Participants, their Spouses, their Dependents, their Benefi- ciaries, or the investment manager, as the case may be) to sell, write options on, convey or . transfer, invest and reinvest any part thereof in each and every kind of property, whether real, personal or mixed, tangible or intangible, whether income or non - income producing and wherever situated, including but not limited to, time deposits (including time deposits in the Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures, equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securi- ties and other corporate, individual or government securities or obligations, annuity, retire- ment or other insurance contracts, mutual funds (including funds for which the Trustee or its affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units of any other common, collective or commingled trust fund. 6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as title holder only. Persons holding custody or possession of assets titled to the Trust shall include the Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee. The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from compliance with any direction from the Employer, the Administrator, the investment manager, or such agents to take title to any assets nor shall the Trustee be responsible or liable for any loss or expense which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may refuse to comply with any direction from the Employer, the Administrator, the investment manager, or such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal. 6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims, demands, liabilities, losses, damages or reasonable expenses of whatsoever kind and nature in connection with or arising out of W any action taken or omitted in good faith by the Trustee in accordance with the directions of the Employer or its agents and subagents hereunder, or (ii) any disbursements of any part of the Trust made by the Trustee in accordance with the directions of the Employer, or (iii) any action taken by or omitted in good faith by the Trustee with respect to an investment managed by an investment manager in accordance with any direction of the investment manager or any inaction with respect to any Q LPJ-, VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN such investment in the absence of directions from the investment manager. Notwithstanding anything to the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemni- fication if the Trustee fails negligently, intentionally or recklessly to perform any of the duties undertaken • by it under the provisions of this Trust. 6.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer, the Administrator and the investment manager or another agent of the Employer, will be responsible for valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims, actions, demands, liabilities, losses, damages, or expenses of whatsoever kind and nature, which arise from or are related to any use of such valuation by the Trustee or holding, trading, or disposition of such assets. 6.6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all ac- tions, claims, demands, liabilities, losses, damages and reasonable expenses of whatsoever kind and nature in connection with or arising out of (a) the Trustee's failure to follow the directions of the Employer, the Administrator, the investment manager, or agents thereof, except as permitted by the last sentence of Section 6.3 above; (b) any disbursements made without the direction of the Employer, the Administrator, the investment manager or agents thereof; and (c) the Trustee's negligence, willful misconduct, or reck- lessness with respect to the Trustee's duties under this Declaration. ARTICLE VII Contributions 7.1 Employer Contributions. The Employer shall contribute to the Trust such amounts as specified in the Plan or by resolution. 7.2 Participant Contributions. If specified in the Plan, each Participant may make voluntary after -tax contributions. Under no circumstances shall Participant Contributions exceed an insubstantial amount. These contributions shall be collected by the Employer and remitted to the Trust for deposit at such time or times as required under the terms of the Plan. i 7.3 Accrued Leave. Contributions up to an amount equal to the value of accrued sick leave, vacation leave, or other type of accrued leave, as permitted under the Plan. The Employer's Plan must provide a formula for determining the value of the Participant's contribution of accrued leave . The Employers Plan must contain a forfeiture provision that will prevent Participants from receiving the accrued leave i6 cash in lieu of a contribution to the Trust. 7.4 Accounts. Employer contributions, Participant contributions, and contributions of accrued leave , all investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be deposited into an Account in the name of the Participant for the exclusive benefit of the Participant, his Spouse, Dependents and Beneficiaries. The assets in each Participant's Account may be invested in Investment Funds as directed by the Participant (or, after the Participant's death, by the Spouse, Dependents or Beneficiaries) from among the Investment Funds selected by the Employer. 7.5 Receipt of Contributions. The Employer or, if so designated by the Employer, the Administrator or investment manager or another agent of the Employer, shall receive all contributions paid or delivered to it hereunder and shall hold, invest, reinvest and administer such contributions pursuant to this Declara- tion, without distinction between principal and income. The Trustee shall not be responsible for the calculation or collection of any contribution under the Plan, but shall hold title to property received in respect of the Plan in the Trustee's name as directed by the Employer or its designee pursuant to this Declaration. 4 (s) RETAIN BOOKLET 7.6 No amount in any Account maintained under this Trust shall be subject to transfer, assignment, or alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Em- ployer, the Trustee, any Participant, his Spouse, Dependent, or Beneficiaries. 7.7 Upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. ARTICLE VIII Other Plans If the Employer hereafter adopts one or more other plans providing life, sickness, accident, medical, disability, severance, or other benefits and designates the Trust hereby created as part of such other plan, the Employer or, if so designated by the Employer, the Administrator or an investment manager or an- other agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder contributions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, may commingle for invest- ment- purposes the contributions receive -d under such other plan or plans with the contributions previously received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, shall at all times show the portion of the Trust Fund allocable to each plan; (b) the term "Plan" as used herein shall be deemed to refer separately to each other plan; and (c) the term 'Employer" as used herein shall be deemed to refer to the person or group of persons which have been designated by the terms of such other plans as having the authority to control and manage the operation and administration of such other plan. • ARTICLE IX Disbursements and Expenses 9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no payment shall be made, either during the existence of or upon the discontinuance of the Plan (subject to Section 7.7), which would cause any part of the Trust to be used for or diverted to purposes other than the exclusive benefit of the Participants, their Spouses and Dependents, and Beneficiaries pursuant to the provisions of the Plan. 9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of the Participants to whom or to whose Spouse, Dependents, or Beneficiaries such payments are to be made, and no person shall be entitled to look to any other source for such payments. 9.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by them in the administration of the Trust. All such expenses, including, without limitation, reasonable fees of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against and shall be paid from the Trust upon the direction of the Employer. ARTICLE X Accounting • 10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and other transactions of the Trust, except as necessary to perform its title - holding function hereunder. All accounts, books, and records relating thereto shall be maintained by the Employer or its designee. (!D� (_(Z)� 0 VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN 10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a written account setting forth assets titled to the Trust as reported to the Trustee by the Employer or its designee. ARTICLE XI Miscellaneous Provisions 11.1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be appointed by, or account to any court of law in the exercise of its powers hereunder. 11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look to the propriety of the acts of the Trustee in connection therewith. 11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of the Trustee under this Declaration. 11 -4 The Employer shall have the right at all reasonable times during the term-of this Dcclaratiun and foi - - -- — three (3) years after the termination of this Declaration to examine, audit, inspect, review, extract informa- tion from, and copy all books, records, accounts, and other documents of the Trustee relating to this Declaration and the Trustees' performance hereunder. ARTICLE XII • Amendment and Termination 12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration at any time for any reason without the consent of the Trustee or any other person, provided that no ' amendment affecting the rights, duties, or responsibilities of the Trustee shall be adopted without the execution of the Trustee to the amendment. Any such amendment shall become effective as of the date provided in the amendment, if requiring the Trustee's execution, or on delivery of the amendment to the Trustee, if the Trustee's execution is not required. i 12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. ARTICLE XIII Successor Trustees 13.1 The Employer reserves the right to discharge the Trustee for any or no reason, at any time by giving ninety (90) days' advance written notice. 13.2 The Trustee reserves the right to resign at any time by giving ninety (90) days' advance written notice to the Employer. 13.3 In the event of discharge or resignation of the Trustee, the Employer may appoint a successor Trus- tee who shall succeed to all rights, duties, and responsibilities of the former Trustee under this Declara- tion, and the terminated Trustee shall be deemed discharged of all duties under this Declaration and responsibilities for the Trust. 10 R &L)., RETAIN BOOKLET ARTICLE XIV Limited Effect of Plan and Trust • Neither the establishment of the Plan and the Trust or any modification thereof, the creation of any fund or account, nor the payment of any benefits, shall be construed as giving to any person covered under the Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this Declaration. • `J ARTICLE XV Protective Clause Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any con- tract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the part of the insurer or provider to make payments provided by such contract, or for the action of any per- son which may delay payment or render a contract void or unenforceable in whole or in part. 11 9 �) VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN IN WITNESS WHEREOF, the Employer and the Trustee have executed this Declaration by their respective duly authorized officers, as of the date first hereinabove mentioned. • EMPLOYER: By: TRUSTEES: • L Tit Title: Title: -1 itle 12 RETAIN BOOKLET Internal Revenue Service Department of the Treasury •Index Number: 115.02 -00 Washington, DC 20224 Contact Person: D Telephone Number: In ence Ref r t . CC:OM:F4I &P:2 PLR - 116685 -99 Date: December 28, 1999 City = Trust = State = . Dear This is in response to a letter dated October 12, 1999, and prior correspondence, requesting a private letter ruling that Trust is an intearal part of City. FACTS City is a political subdivision of State. City currently maintains one or more post - retirement welfare benefit plans (collectively, the "Plan ") that provide its eligible employees ( "Participants ") and their beneficiaries ( "Beneficiaries ") with life, sickness, medical, disability, severance and other similar benefits through insurance and self- funded reimbursement plans. City intends to establish Trust to hold assets and income of the Plan for the exclusive benefit of Participants and their Beneficiaries. Trust's Declaration defines "Beneficiaries" cc include a Participant's spouse, any child of the Participant or the Participant's spouse w:no is a minor or a student within the meaning of section _51(c)(4) of the Internal Revenue Code, any other minor child residing with the Participant, and anv other individual who is a person described in section 152(a) of the • Code. Death benefits may be provided to any Beneficiary designated by a Participant under the terms of a death benefit program or an insurance contract form? part of _ ^° Dian.=c' 13 ll - VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN PLR - 116685 -99 2 may provide benefits by cash payment, and may reimburse a . Participant, City, or Trust's Administrator for insurance premiums or other payments expended for permissible benefits under the Plan. Under Trust's Declaration, City will be the Administrator of Trust. City may appoint one or more investment managers to manage and control all or part o� the assets of Trust. Under Trust's Declaration, the Trustee will hold assets only as titleholder. Persons having custody or possession of assets may include City, the Administrator of Trust, the investment manager, and their agents and subagents, but not the Trustee. The Trustee will have no discretion or authority with regard to the investments of Trust and will act solely as a directed Trustee with respect to the assets to which it holds title. The Trustee will not be responsible or liable for any loss or expense that may arise or result from complying with any direction from the City, the Administrator, the investment manager, or such agents to take title to any assets, or from the Trustee's refusal or failure to comply with any direction to hold title, unless it involves or results from the Trustee's negligence or intentional misconduct. The Trustee may refuse to comply with any direction if it deems such direction illegal. City indemnifies and holds the Trustee harmless from any actions, claims, demands, liabilities, losses, damages or reasonable expenses of any kind in connection with or arising out of (i) any action taken or omitted in good faith in accordance with its directions, (ii) any disbursements made in accordance with directions, or (iii) any action taken by or omitted by the Trustee with respect to an investment managed by an investment manager in accordance with any direction of the investment manager or any inaction regarding any investment in the absence of directions from the investment manager. City, however, has no responsibility to the Trustee under the indemnification if the Trustee fails negligently, intentionally, or reckless to perform its duties. City will contribute to Trust such amounts as specified in the Plan or by resolution. No other person or persons will be permitted to make any contributions. The Plan must provide a fcrmula for determining the value of a Participant's accrued vacation leave, sick leave, or both, in excess of a threshold number of hours of such leave. City may contribute amounts so determined to Trust. The Plan will contain a forfeiture provision that will prevent Participants and their Beneficiaries from receiving cash in lieu of a contribution to Trust in their behalf. Contributions, investment income, realized and unrealized cams and losses, and forfeitures will be deposited into an account in Trust in the name cf the Par__cica -z • 14 9 tc)\ RETAIN BOOKLET PLR - 116685 -99 3 •for the exclusive benefit of the Participant and his or her Beneficiaries. A Participant may direct the investment of amounts in her or his account among investments selected by City. No amount in any account will be subject to transfer, assignment, or alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of City, the Trustee, Participant or Beneficiary. City or the Administrator, investment manager, or other agent designated by City will receive contributions and will hold, invest, and administer contributions without distinction between principal and income. The Trustee will not be responsible for the calculation or collection of contributions, but will hold title to property received as directed by City or its designee. The Trustee will not be required to keep accounts of the investments, receipts, disbursements, and other transaction of Trust except as necessary to perform its title - holdino function. City or its designee will - maintain all book= and records. City reserves the right to alter, amend, or terminate Trust at any time for any reason without the consent of any person. No amendment affecting the Trustee is effective without the Trustee's consent, and no termination can result in any part of Trust's assets being used for or diverted to purposes other than • the exclusive benefit of Participants and Beneficiaries. If City adopts other plans providing life, sickness, accident, medical, disability, severance, or other benefits and designates Trust as part of such plan, City or its agent will hold contributions to such plan in Trust. The contributions may be commingled for investment purposes, but the books and record of Trust must show the portion of Trust allocable to each plan. • Upon the satisfaction of all liabilities under the Plan to provide benefits, any amounts remaining in any account_ must be returned to City. LAW & ANALYSIS Income of an integral part of a state or political subdivision of a state is not taxable absent specific statutcry authorization. See Rev. Rul. 87 -2, 1987 -1 C.B. 18; section 511(a)(2)(B) of the Code, GCM 14407, C.B. XIV -1, 103 (1935), superseded by Rev. Rui. 71 -131, 1971 -1 C.B. 28. Whether an enterprise is an integral part depends on facts and circumstances such as the state's degree of control over the enterprise and its financial commitment to the enterprise. If an enterprise is an integral part of a state or political subdivision of a state, it will not be treated as a separate entity for federal tax pu_-pcses, thcugh it may have been formed as a separate ent:t 15 ( QQ ) ` VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN PLR - 116685 -99 4 • under state law. Section 301.7701- 1(a)(3) of the Procedural and Administrative Regulations. City has made a substantial financial commitment to Trust by providing all of its funding. City retains complete control over Trust because it may amend or terminate Trust at any time. City retains control over the daily operation of Trust by its power to appoint or remove agents who manage daily operation. The Trustee is merely a title holder with no power to manage Trust. CONCLUSION Provided that City is the only person that makes contributions to Trust, and Trust accepts or holds only amounts of money contributed by City, Trust will be an integral part of City, and any income earned on amounts in Trust will not be subiect to federal income tax. This ruling is directed only to the. taxpayer that requested it. Section 6110(k)(3) of the Code provides that it may not be used or cited as precedent. Except as specifically provided otherwise, no opinion is expressed on the federal income tax consequences of the transaction described above. is In accordance with the terms of a power of attorney on file in this office, a copy of th' letter is being sent to your authorized representative. • i Sincerely, Assistant Chief Counsel (Financial Institutions & Products) By: William Coppersmith William E. Coppersmith Chief, Branch 2 16 � (C ) 0 • 0 RETAIN BOOKLET SAMPLE RETIREE MEDICAL AND DENTAL EXPENSE REIMBURSEMENT PLAN 17 q/Q\ VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN SAMPLE • RETIREE MEDICAL AND DENTAL EXPENSE REIMBURSEMENT PLAN Article I Preamble 1.01 Establishment of Plan 1.02 Purpose of Plan Article II Definitions 2.01 "Beneficiary 2.02 "Benefits" 2.03 "Code" 2.04 "Dependent" 2.05 "Eligible Medical or Dental Expenses" 2.06 "Employer" 2.07 "Entry Date" 2.08 "Participant" 2.03 "Plan Administrator" 2.10 "Plan Year" 2.11 "Retiree" 2.12 "Spouse" Article III Eligibility 3.01 General Requirements Article IV Amount of Benefits 0 4.01 Annual Benefits Provided by the Plan 4.02 Cost of Coverage Article V Payment of Benefits 5.01 Eligibility for Benefits 5.02 Claims for Benefits Article VI Plan Administration 6.01 Allocation of Authority 6.02 Provision for Third -Party Plan Service Providers 6.03 Several Fiduciary Liability 6.04 Compensation of Plan Administrator 6.05 Bonding 6.06 Payment of Administrative Expenses 6.07 Timeliness of Payments 6.08 Annual Statements Article VI Claims Procedure 7.01 Procedure if Benefits are Denied Under the Plan 7.02 Requirement for Written Notice of Claim Denial 7.03 Right to Request Hearing on Benefit Denial 7.04 Disposition of Disputed Claims 7.05 Preservation of Other Remedies Article VIII Amendment or Termination of Plan • 8.01 Permanency 8.02 Employer's Right to Amend 8.03 Employer's Right to Terminate is Cj /Q-) RETAIN BOOKLET Article IX General Provisions 9.01 No Employment Rights Conferred • 9.02 Payments to Beneficiary 9.03 Nonalienation of Benefits 9.04 Mental or Physical Incompetency 9.05 inability to Locate Payee 9.06 Requirement of Proper Forms 9.07 Source of Payments 9.08 Tax Effects 9.09 Multiple Functions 9.10 Gender and Number 9.11 Headings 9.12 Applicable Laws 9.13 Severability • u 10 Ck IQ-) VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN ARTICLE 1 Preamble THIS INSTRUMENT made and published by the City of Hutchinson (hereinafter called "Employer ") on the _ day of 20 creates the Hutchinson Retiree Medical and Dental Expense Reimbursement Plan, as follows: 1.01 Establishment of Plan The Employer named above hereby establishes a Retiree Medical and Dental Expense Reimbursement Plan as of the day of 20_. 1.02 Purpose of Plan This Plan has been established to reimburse the eligible Retirees of the Employer for medical and dental expenses incurred by them, their Spouses, Dependents, and Beneficiaries pursuant to the Employer's VantageCare Retirement Health Savings (RHS) Plan. ARTICLE II Definitions The following words and phrases as used herein shall have the following meanings, unless a different meaning is plainly required by the context: • 2.01 "Beneficiary" means the person or persons designated pursuant to the terms of the Plan, who will receive any Benefits payable hereunder in the event of the Participant's death. A Beneficiary may also designate a beneciary(ies) to receive any benefits payable hereunder in the event of the preceeding Ben- eficiary's death until the satisfaction of all liabilities under the plan to provide benefits. 2.02 "Benefits" means any amounts paid to a Participant or Beneficiary in the Plan as reimbursement for Eligible Medical and Dental Expenses incurred by the Participant or Beneficiary during a Plan Year by him, his Spouse, his Dependents, or his Beneficiary. 2.03 "Code" means the Internal Revenue Code of 1986, as amended 2.04 "Dependent" means any individual who is a dependent of the Participant within the meaning of Code Sec. 152. 2.05 "Eligible Medical or Dental Expenses" means those expenses designated by the Employer as eligible for reimbursement in the VantageCare Retirement Health Savings Plan Adoption Agreement. 2.06 "Employer" means the unit of state or local government creating this Plan, or any affiliate or succes- sor thereof that likewise adopts this Plan. 2.07 "Entry Date" means the first day the Participant meets the eligibility requirements of Article III as of such Date. 2.08 "Participant" means any Retiree who has met the eligibility requirements set forth in Article III. • 2.09 "Plan Administrator" means the Employer or other person appointed by the Employer who has the authority and responsibility to manage and direct the operation and administration of the Plan. 20 ( / RETAIN BOOKLET 2.10 "Plan Year" means the annual accounting period of the Plan, which begins on the 1st day of January 20 07 and ends on the 31stday of December 2007 with respect to the first Plan Year, and thereafter as long as this Plan remains in effect, the period that begins on January 1 and ends on December 31 2.11 "Retiree" means any individual who, while in the service of the Employer, was considered to be in a legal employer - employee relationship with the Employer for federal withholding tax purposes, and who was part of the classification of employees designated as covered by the Employer's VantageCare Retire- ment Health Savings Plan. 2.12 "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which the Participant has his primary place of residence. All other defined terms in this Plan shall have the meanings specified in the various Articles of the Plan in which they appear. ARTICLE 111 Eligibility Each Retiree who meets the eligibility requirements outlined in the Employer's VantageCare Retirement Health Savings Plan shall be eligible to participate in this Plan. ARTICLE IV Amount of Benefits • 4.01 Annual Benefits Provided by the Plan Each Participant shall be entitled to reimbursement for his documented, Eligible Medical or Dental Ex- penses incurred during the Plan Year in an annual amount not to exceed the account balance of the Partici- pant in the Employer's VantageCare Retirement Health Savings Plan. 4.02 Cost of Coverage The expense of providing the benefits set out in Section 4.01 shall be contributed as outlined in the Em- ployer's VantageCare Retirement Health Savings Plan. ARTICLE V Payment of Benefits 5.01 Eligibility for Benefits (a) Each Participant in the Plan shall be entitled to a benefit hereunder for all Eligible Medical and Dental Expenses incurred by the Participant on or after the Entry Date of his or her participa- tion, land after the effective date of the Plan) subject to the limitations contained in this Article V, regardless whether the mental or physical condition for which the Participant makes applica- tion for benefits under this Plan was detected, diagnosed, or treated before the Participant became covered by the Plan. . (b) In order to be eligible for benefits, the Participant must meet the benefit eligibility criteria outlined in the Employer's VantageCare Retirement Health Savings Plan Adoption Agreement. 21 9 L_ VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN (c) A Participant who becomes totally and permanently disabled (as defined by the Social Security Administration) will become immediately eligible to receive medical benefit payments from the Plan. Pursuant to Section 9.02 and Employer's VantageCare Retirement Health Savings Plan • Adoption Agreement, the surviving Spouse and Dependents, or Beneficiary(ies) shall become immediately eligible to receive or to continue receiving medical benefit payments from the Plan upon the death of the Participant. 5.02 Claims for Benefits No benefit shall be paid hereunder unless a Participant, his Spouse,Dependent or Beneficiary has first submitted a written claim for benefits to the Plan Administrator on a form specified by the Plan Adminis- trator, and pursuant to the procedures set out in Article VI, below. Upon receipt of a properly documented claim, the Plan Administrator shall pay the Participant, his Spouse, Dependent or Beneficiary the benefits provided under this Plan as soon as is administratively feasible. ARTICLE VI Plan Administration 6.01 Allocation of Authority The Employer shall control and manage the operation and Administration of the Plan. The Employer shall have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the right to remedy possible ambiguities, inconsistencies, or omissions. All determinations of the Employer with respect to any matter hereunder shall be conclusive and binding on all persons. • Without limiting the generality of the foregoing, the Employer shall have the following powers and duties: (a) To decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan, in accordance with the provisions of the Plan; (b) To determine the amount of benefits that shall be payable to any person in accordance with the provisions of the Plan; to inform the Plan Administrator, as appropriate, of the amount of;such Benefits; and to provide a full and fair review to any Participant whose claim for benefits has been denied in whole or in part; and (c) To designate other persons to carry out any duty or power which would otherwise be a fiduci- ary responsibility of the Plan Administrator, under the terms of the Plan. (d) To require any person to furnish such reasonable information as it may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan; (e) To make and enforce such rules and regulations and prescribe the use of such forms as he shall deem necessary for the efficient administration of the Plan. 6.02 Provision for Third -Party Plan Service Providers The Plan Administrator, subject to approval of the Employer, may employ the services of such persons as it may deem necessary or desirable in connection with operation of the Plan. The Plan Administrator, the Employer (and any person to whom it may delegate any duty or power in connection with the administra- tion of the Plan), and all persons connected therewith may rely upon all tables, valuations, certificates, reports and opinions furnished by any duly appointed actuary, accountant, (including Employees who are • actuaries or accountants), consultant, third party administration service provider, legal counsel, or other specialist, and they shall be fully protected in respect to any action taken or permitted in good faith in reliance thereon. All actions so taken or permitted shall be conclusive and binding as to all persons. 22 1 L) • RETAIN BOOKLET 6.03 Several Fiduciary Liability To the extent permitted by law, neither the Plan Administrator nor any other person shall incur any liability for any acts or for failure to act except for his own willful misconduct or willful breach of this Plan. 6.04 Compensation of Plan Administrator Unless otherwise agreed to by the Employer, the Plan Administrator shall serve without compensation for services rendered in such capacity, but all reasonable expenses incurred in the performance of his duties shall be paid by the Employer. 6.05 Bonding Unless otherwise determined by the Employer, or unless required by any Federal or State law, the Plar Administrator shall not be required to give any bond or other security in any jurisdiction in connection with the administration of this Plan. 6.06 Payment of Administrative Expenses All reasonable expenses incurred in administering the Plan, including but not limited to administrative fees and expenses owing to any third party ?dministrative service provider, actuary, consultant, account- ant, attorney, specialist, or other person or organization that may be employed by the Plaii Admiiiisbaiu in connection with the administration thereof, shall be paid by the Employer, provided, however that each Participant shall bear the monthly cost (if any) charged by a third party administrator for maintenance of his Benefit Account unless otherwise paid by the Employer. 6.07 Timeliness of Payment for Benefits Payment for Benefits shall be made as soon as administratively feasible after the required forms and documentation have been received by the Plan Administrator. 6.08 Annual Statements The Plan Administrator shall furnish each Participant with an annual statement of his medical and dental expense reimbursement account within ninety (90) days after the close of each Plan Year. ARTICLE VII Claims Procedure 7.01 Procedure if Benefits are Denied Under the Plan Any Participant, Spouse, Dependent, or Beneficiary, or his duly authorized representative may file a claim for a plan benefit to which the claimant believes that he is entitled. Such a claim must be in writing on a form provided by the Plan Administrator and delivered to the Plan Administrator, in person or by mail, postage paid. Within thirty 130) days after receipt of such claim, the Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. In no event may the extension exceed ninety (90) days from the end of the initial period. If such extension is necessary, the claimant will be given a written notice to this effect prior to the expiration of the initial 30 -day period. The Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial of a claim is not furnished in accordance with this Section, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to review pursuant to Sections 7.03 and 7.04. 23 n �L)J VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN 7.02 Requirement for Written Notice of Claim Denial The Plan Administrator shall provide, to every claimant who is denied a claim for benefits, written notice setting forth in a manner calculated to be understood by the claimant: (a) The specific reason or reasons for the denial; (b) Specific reference to pertinent Plan provisions on which the denial is based; (c) A description of any additional material of information necessary for the claimant to perfect the claim and an explanation of why such material is necessary, and (d) An explanation of the Plan's claim review procedure. 7.03 Right to Request Hearing on Benefit Denial Within sixty (60) days after the receipt by the claimant of written notification of the denial (in whole or in part) of his claim, the claimant or his duly authorized representative, upon written application to the Plan Administrator, in person or by certified mail, postage prepaid, may request a review of such denial, may review pertinent documents, and may submit issues and comments in writing. 7.04 Disposition of Disputed Claims Upon its receipt of notice of a request for review, the Plan Administrator shall make a prompt decision on the review. The decision on review shall be written in a manner calculated to be understood by the claim- ant and shall include specific reasons for the decision and specific references to the pertinent plan provi- sions on which the decision is based. The decision on review shall be made not later than sixty (60) days after the Plan Administrator's receipt of a request for a review, unless special circumstances require an .extension of time for processing, in which case a decision shall be rendered not later than one hundred - twenty (120) days after receipt of a request for review. If an extension is necessary, the claimant shall be given written notice of the extension prior to the expiration of the initial sixty (60) day period. If notice of the decision on the review is not furnished in accordance with this Section, the claim shall be deemed I denied and the claimant shall be permitted to exercise his right to legal remedy pursuant to Section 7.05. 7.05 Preservation of Other Remedies i i After exhaustion of the claims procedures provided under this Plan, nothing shall prevent any person from pursuing any other legal or equitable remedy otherwise available. ARTICLE Vill Amendment or Termination of Plan 8.01 Permanency While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future busi- ness contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate the Plan, as provided in Sections 8.02 and 8.03, below. 8.02 Employer's Right to Amend The Employer reserves the right to amend the Plan at any time and from time -to -time, and retroactively if .deemed necessary or appropriate to meet the requirements of the Code, or any similar provisions of subsequent revenue or other laws, or the rules and regulations in effect under any of such laws or to conform with governmental regulations or other policies, to modify or amend in whole or in part any or all of the provisions of the Plan. 24 9 / ) RETAIN BOOKLET 8.03 Employer's Right to Terminate The Employer reserves the right to discontinue or terminate the Plan at any time without prejudice. ARTICLE IX General Provisions 9.01 No Employment Rights Conferred Neither this Plan nor any action taken with respect to it shall confer upon any person the right to be con- tinued in the employment of the Employer. 9.02 Payments After Death of Participant Any benefits otherwise payable to a Participant following the date of death of such Participant shall be paid as outlined in the Employer's VantageCare Retirement Health Savings Plan Adoption Agreement. 3.03 Nonalienation of Benefits No benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assign- ment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person. If any person entitled to benefits under the Plan becomes bankrupt or attempts to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge any benefit under the Plan, or if any attempt is made to subject any such benefit to the debts, contracts, liabilities, engagements or torts of the person entitled to any such benefit, except as specifically provided in the Plan, then such benefit shall cease and terminate in the discretion of the Plan Administrator, and he may hold or apply the same or any part thereof to the benefit of any dependent or beneficiary of such person, in such manner and proportion as he may deem proper. 9.04 Mental or Physical Incompetency If the Plan Administrator determines that any person entitled to payments under the Plan is incompetent by reason of physical or mental disability, he may cause all payments thereafter becoming due to such person to be made to any other person for his benefit, without responsibility to follow the application of amounts so paid. Payments made pursuant to this Section shall completely discharge the Plan Adminis- trator and the Employer. 9.05 Inability to Locate Payee If the Plan Administrator is unable to make payment to any Participant or other person to whom a pay- ment is due under the Plan because he cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts have been made to identify or locate such person (including a notice of the payment so due mailed to the last known address of such Participant or other person as shown on the records of the Employer), such payment and all subsequent payments otherwise due to such Partici- pant or other person shall be escheated under the laws of the State of the last known address of the Participant or other persons eligible for benefits. 9.06 Requirement of Proper Forms All communications in connection with the Plan made by a Participant shall become effective only when • duly executed on forms provided by and filed with the Plan Administrator. 25 1 1i)— VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN 9.07 Source of Payments The Employer shall be the sole source of benefits under the Plan. No Employee or Beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under the Plan, and then only to the extent of the benefits payable under the Plan to such Employee or Beneficiary. 9.08 Tax Effects Neither the Employer nor the Plan Administrator makes any warranty or other representation as to whether any payments received by a Participant, his Spouse, Dependents, or Beneficiary(ies) hereunder will be treated as includible in gross income for federal or state income tax purposes. 9.09 Multiple Functions Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan. 9.10 Gender and Number Masculine pronouns include the feminine as well as the neuter gender. and the singular shall include the plural, unless indicated otherwise by the context. 9.11 Headings The Article and Section headings contained herein are for convenience of reference only, and shall not be construed as defining or limiting the matter contained thereunder. 9.12 Applicable Laws The provisions of the Plan shall be construed, administered and enforced according to the laws of the State of l=esota 9.13 Severability Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remain- der thereof shall be given effect to the maximum extent possible. IN WITNESS WHEREOF, we have executed this Plan Agreement the date and year first written above. (Employer) By: ATTEST Secretary 26 Q ! /� 0 RESOLUTION NO. 13059 RESOLUTION AUTHORIZING TOWING COMPANIES TO PROVIDE TOWING SERVICES FOR THE CITY OF HUTCHINSON WHEREAS, from time to time it becomes necessary for Hutchinson Police Services, the Hutchinson Public Works Department and other departments to have vehicles towed because of accidents, snow removal and other public safety reasons; and, WHEREAS, the City of Hutchinson has had an exclusive contract with the same towing company for the past six years; and, WHEREAS, due to the increase of the number of vehicles in the city on a daily basis, there is a need to ha- ;c more iiran one towing company providing towing services to continue to clear vehicles from accident scenes and in other situations efficiently; and, WHEREAS, multiple towing companies have expressed interest in providing towing services for the city, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: 1. That the current towing contract that the City of Hutchinson has will not be renewed and will expire by its terms on December 31, 2006. 2. That persons or companies interested in providing towing services for the City of Hutchinson shall contact the Director of Police/Emergency Services or his/her designee to be placed on a call list of individuals or companies providing towing services for the City of Hutchinson. 3. Those individuals wishing to be placed on the towing call list for the City of Hutchinson shall submit all required paperwork in satisfactory form to the Director of Police/Emerency Services for the City of Hutchinson by December 15, 2006, and by the 15 day of December every year thereafter. The effective dates for the towing call list shall be from January 1 — December 31 of each year. 4. The individuals or companies wishing to provide towing services for the City of Hutchinson shall he placed on the list of qualified towing providers subject to the following conditions: A. All towing providers shall have in full force and affect a comprehensive general liability insurance policy insuring against liability imposed by law for bodily injury or death, in the sum of $500,000 for any one person and in the sum of $500,000 for two or more persons for the same occurrence, and for damages in the sum of $500,000 or $500,000 combined single limit. 11 9c.0i B. All towing providers shall have in full force and affect all workers' compensation insurance and employer's liability insurance as required by law. C. All towing providers shall have in full force and affect automobile liability and property damage insurance, including coverage for non -owned and hired vehicles, and limits as for comprehensive general liability coverage above. D. All towing providers shall have in full force and affect garage- keepers liability coverage of at least $25,000. E. The City of Hutchinson shall be named an additional insured on all insurance policies required by this resolution and that coverage may not be terminated or changed by the insurer except upon ten days written notice to the City Administrator. F. No insurance policy shall contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, except that no exclusion will be permitted in the event if it conflicts with a coverage expressly required by this resolution, and in addition, no policy shall contain an exclusion from bodily injury to or sickness, disease or death of the employee of the towing provider which would conflict with or in any way impair coverage under the contractual liability endorsement of the liability of the towing provider for this resolution. G. All endorsements shall apply to both bodily injury or death and property damage coverage. . H. Prior to the towing provider being placed on the call list, the provider shall fumish to the City certificates or copies of these policies of insurance, approved by the City Administrator, showing that such insurance is in force. I. All towing service operators and their employees shall have all licenses required by the State and Federal government, including having Department of Transportation health cards on file with Hutchinson Polio Services and a form E filing with the State of Minnesota. J. By requesting to be placed on the call list, the towing provider agrees that it shall indemnify and hold harmless the City and its officers, agents and employees from and against all claims, damages, losses or expenses, including attorneys' fees, which may be suffered for or which they may held liable, arising out of or resulting from the assertion against them of any claims, debts, or obligations in consequence of the performances of this agreement by the towing provider, their employees, agents, or subcontractors, whether or not caused in part by a party to be indemnified under the terms of this resolution. K. All towing operators shall have access to a fenced, secure impound lot within two miles of the City of Hutchinson available for vehicle storage. Operators must be able to release vehicles to their proper owners (upon payment of applicable fees) at least between the hours of 8:00 a.m. — 5:00 p.m. seven days a week. • Any vehicle impounded at the direction of the City of Hutchinson shall not be released unless so ordered by the City Administrator or Hutchinson Police Services. During the time the vehicle is impounded the towing q(1) 9 G) operator shall not permit the owner or any other person to take or remove from the vehicle any parts or change or repair any parts. • Any vehicle directed to be impounded, from the time it is taken possession of by the towing provider and during the time it is impounded, and until it is reclaimed, shall be considered to be in the custody of the law, and no work shall be done on it by the towing provider, nor shall the towing provider permit anyone to do any work on it until the car has been reclaimed. All cars when ordered released by the City Administrator or Police Department shall be released to the owner without other charge than the impounding and storage fees. The towing provider during the time the vehicle is impounded shall not permit the owner or any other person to take or remove from the vehicle any parts or change or repair any parts. All vehicles which have been involved in criminal proceedings, and which are designated by the Police Department as being held for that reason, shall be held and stored inside garages or on the designated fenced -in storage area. L. The City shall have the right to remove a towing provider from tht call 'ist in the event that the towing provider fails to fulfill the requirements of this resolution necessary to be on the call list. M. All towing services shall be conducted with equipment and personnel which are adequate to ensure the satisfactory towing of vehicles under all adverse conditions of weather, breakdown and similar hindrances, which on other work might be regarded as "acts of providence" and do not relieve the towing provider of the responsibility for carrying out the work. N. The Director of Police/Emergency Services may implement a maximum response time for towing providers to respond to a call for service. If such a requirement is imposed and the towing provider fails to respond in a timely manner, a different towing provider may be contacted to provide the requested service. O. The Director of Police/Emergency Services is authorized to implement other regulations and procedures which will promote efficiency for towing services in the City of Hutchinson while at the same time giving operators on the call list a fair and equitable opportunity to provide towing services within the City of Hutchinson. P. The towing providers agree to comply with administrative procedures as may be set forth by the City Administrator and/or the Director of Police/Emergency Services or their designees. Adopted by the City Council this 14ih day of November, 2006. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator 9 G) MEMORANDUM DATE: November 7. 2006 TO: Hutchinson City Council FROM: Rebecca Bowers, Planning, Zoning, and Building Director SUBJECT: SKETCH PLAN REVIEW FOR STEVE KNISLEY FOR A POLE BARN /STORAGE GARAGE DEVELOPMENT ON GOEBEL PROPERTY History At the October 24, 2006, City Council meeting, the Council discussed the proposed sketch plan presented for pole barn /storage garage development. After discussing the proposal, the Council directed staff to develop guidelines and address ziome of the issues raised. Some of the issues raised were defining the business uses that should be allowed, whether water and sewer should be allowed, and how property maintenance issues could be addressed. The Planning Commission also reviewed the sketch at their October 17, 2006, meeting. There was much discussion on the fact that the proposal does not fit the requirements of either the 1 -1 (Light Industrial) district or any other district in the City. The Commission stated that the idea was unique and would like to see his project move forward, however they could not determine how the project could be done within the requirements. The Commission encouraged Mr. Knisley to revise the plans to meet ordinance requirements, such as building larger buildings with lease spaces or condos on larger lots. Additional details on the discussion were given to the Council in the last staff report. Proposal: The sketch plan proposes platting the approximately 5 -acre site into 26 separate lots for construction of pole -type storage garages on each of the lots in the 1 -1 (Light Industrial Park) district. He plans to sell the lots to separate owners. As stated in previous staff reports, the proposal would not meet the standards for lot area, dimensions, or setbacks for the 1 -1 district. Conditional use permits would be required for the pole barn construction, for each use, and could only be done under a Planned Development District. Refer to attached table for additional information. Analysis: Staff reviewed the proposal for a second time at the planning staff meeting on November 6"' Many of the same concerns were stated from the previous staff meeting, such as the proposal not meeting the zoning requirements, maintenance issues, and the future impact of such a departure from the City's zoning ordinance standards. Although the PDD ordinance does not state any specific density increases for commercial or industrial PDDs, staff discussed that if the development maximums were used as allowed for elderly residential PDDs, a maximum density increase of 100% could be allowed. Therefore in this case, as 5 lots could be 9�C Page Two • Knisley Sketch Plan II constructed at the 1 -acre lot minimum requirement, a maximum of 10 lots could possibly be justified under this rationale. The Council may wish to consider the following issues: Definition of Permitted Uses: In order to allow storage in the 1 -1 district, without a warehouse or manufacturing use, a zoning ordinance amendment would first be required to allow storage units without an associated industrial use. However, as the Council expressed some concerns that certain business uses may not be acceptable, such as automobile repair, restrictions within the storage buildings could need to be included within the PDD, CUP, and restrictive covenants on the property. The following definition of allowed uses could be written into the PDD and CUPs for the development: "Storage of personal and/or business goods and materials are allowed within the PDD. No assembly, manufacturing, or repair of any goods, materials or equipment is allowed on -site. No repair work of any kind is allowed on any automobile, truck, motorcycle, boat, or other vehicle on the property. No storage of hazardous materials or chemicals is allowed." • Additional requirements and restrictions are recommended: 1. A maximum of 10 lots should be considered. 2. No outside storage of any kind is permitted. 3. No sewer and water shall be available to the storage units. 4. An Association is required and shall be responsible for outdoor maintenance and snow plowing. 5. A subdivision development agreement is required and shall be guaranteed by Mr. Knisley. Details of the agreement shall be determined by the City Attorney. A letter of credit or cash deposit should be required to allow the City to draw funds in the event that maintenance violates development standards and the City Code. 6. Landscaping and screening should be required. Additional buffering and landscaping is recommended along 5"' Avenue. 7. All requirements of the subdivision regulations shall be met, including park dedication and tree planting requirements. 8. The following applications and approvals are still required and will need to be reviewed: a. A zoning ordinance amendment to allow storage within the 1 -1 district b. Following the application procedures and requirements of the Planned Development District, including approval of a rezoning to PDD and conditional use permits for the proposed uses and construction of the polebarns. c. Approval of a preliminary and final plat, including detailed engineered plans for stormwater ponding and drainage. Conclusion: The City Council is requested to review the information provided by staff and provide feedback to Mr. Knisley on his proposed sketch plan. q ((�) I -1 (Light Industrial Park) Standards • Compared to Proposal 9 0 Standards I -1 Requirement Proposed Lot Dimensions Lot Area 1 acre minimum 4,550 sq. ft. (.1 acre) to 14,360 s . ft. (.3 acre) Lot Width 200 feet 50 feet (majority) Lot Depth 250 feet 91 feet to 158 feet Building Setbacks Interior Lot Line 20 feet 5 feet Street Right of way 30 feet Unidentified setback to 5th Avenue. Internal private street. Parking and Circulation Setbacks Parking and Circulation Drive Setback 20 feet (to ROW) 10 feet (interior) Unidentified setback to north property line. 12 ft. to south property line q ((� SWANSON'S SUBDIVISION IN I N FIRST ADDITION TO HUTCHINSON IN TRIAL DISTRI( HUTCHINSON INDUSTRIAL DISTRICT ; , • Z I I 4 1 x.M y!✓w. V+w 1 a>ti5� er lM. u, �o o t v ntf1°d,%A � I`� ` o�.�=e� Se7Ye'301 507.78 1 FlFTH UE SWTHEAST ( MERLY ARCH STREE�, 1 Setrareat ,oaro 1 �ro 1 1 ^� 1 +530'5 1 I I I •nn• —129." -- — I r - -- i I 1 i lu i =� IIII �11 / I pv \� I III / saes / III w e.8! —_ III 2 2`\ ulllif g111111If 7.0�oe8r R III4eS5Sr aoeoe. I \\ \ I S I i I I IIII I 1 TI (/ 1 [zSn x nnm,0 I I III I\ I� I ��.PCK 1 U 11 II WTI arv-nS I IIII` \ yam si R III , ; sr 3 I \\ \ \ I I �I I II IIII 111 I II I 1I-- Ilrl 1 1 III III I 11 1 I AI I\ Va \I� a TI °nWM I y E"L I MST6SeAM I II "I \ 7.r S! I s a 4 I \ \� \\ I I I d III I �3 I 1 1 pwrn awn0,c 1 ^ I I 0.555 s IIII�I�Ir II I� II11 1 °°III ICI b" iiooSr III�S� R I \ 1 II II I I II (j l5 Tij I I _ I I 1 _ 1 II I �_/ $_ a55eo5i� I��, - - -- TTI I I III II II l 111 1 I =� I I / 7, >F l l If T \ \\ 'II �I I I I 1 1 I III III II '/ 0/ 2ba.oe s I 1 \ \ I I \ \ \ III \J \ \\\11 /I RII 12, 84 7 7.10 S /R I I I e.585s I i —Jl \ \ I \ I \14.350 4 \ \ \ \ \ \ \ -o _ - - - - - -- - -` 0 Memorandum TO: Mayor and City *,,nc F ROM: Brenda K. Ewin n Resources Director RE: City of Hutchinson & Hutchinson Utilities Commission Safety and Health Program Document DATE: November 9, 2006 Attached is the general Safety and Health Program document rr-1at--d tc ".:_ _3rrbined ("it) o Hutchinson and Hutchinson Utilities Commission Employee Safety Program. The document identifies the basic components of the Safety Program. This is the first in a number of safety program related documents that will be presented to the City Council and Hutchinson Utilities Commission for review and adoption. Your consideration and adoption of the document is requested. The program document will also be included as an agenda item for the November Hutchinson Utilities Commission meeting. If you have any questions, I will be attending the November 14 Council meeting. Encl. • 1,C) (0 • E C' SAFETY AND HEALTH 7 PROGRAM - City of- Hutchinson Hutchinson Utilities Commission November 2006 OSHA/Safety Assistance 9104 Model Program - .&FI )C) ca )- 11 0 • City of Hutchinson & Hutchinson Utilities Commission Endorsement of Safety and Health Program Department(s) Applicable Approving Authority Date Approved City Center (Admin., Building Enr., EDA, Engineering, Finance, IT, Legal, Motor Vehicle, Planning) Hutchinson City Council November 2006 Creek Side Compost Hutchinson City Council November 2006 Fire Hutchinson City Council November zoos Liquor Hutch Hutchinson City Council November 2006 PRCE Hutchinson City Council November 2006 Police Hutchinson City Council November 2006 Public Works Hutchinson City Council November 2006 Water & Wastewater Hutchinson City Council November 2006 HUC (Admin., Business, Accounts) Hutchinson Utilities Commission November 2006 Electric Division Hutchinson Utilities Commission November 2006 Natural Gas Division Hutchinson Utilities Commission November2oos Production Division Hutchinson Utilities Commission November2o06 L��/^1 OSHA/Satety Assistance 9/04 ��/� //% 7 Model Program - / NIZIUfYl 0 J 0 City of Hutchinson & Hutchinson Utilities Commission Approval of Safety and Health Program Steven W Cook, Mayor Gary D. Plotz, City Administrator is Craig Lenz, Hutchinson Utilities Commission President Michael Kumm, General Manager OSHA/Safety Assistance 9/04 /� i. LMC Model Program - NOR F101 ,bc� 0 0 VISION STATEMENT The City of Hutchinson Safety Committee will provide a forum for participation for all City employees. The personal safety and health of each City employee and the public is of primary importance and the prevention of occupationally induced injuries and illnesses is our priority. � LMC �a y OSHA/Safety Assistance 9104 Model Program - NAM UN )i� 6�) 0 F- --I U VISION STATEMENT This Committee, with the support of all employees and elected and appointed officials, is committed to providing a safe work environment and to strive for zero accidents throughout the workplace through policies, training, education and communication. City of Hutchinson & Hutchinson Utilities Commission OSHA/Safety Asstance 9104 L C Mo del Program - MMZ601 '= am �b(�) 0 E Commitment "To provide each and every employee with a safe and healthy place of employment. Mission `To promote a cooperative environment where the City, Hutchinson Utilities Commission, managers, supervisors, and employees can work towards the common goal of eliminating work place safety and health hazards.' Responsibilities The City and Hutchinson Utilities shall: Provide visible and financial support to the safety and health program. 2. Establish and communicate those policies, programs, procedures, and practices necessary to protect employee safety and health. 3. Identify and communicate safety and health related goals and objectives. 4. Provide human and material resources necessary to implement and manage safety and health related policies, programs, procedures, goals, and objectives. 5. Assign accountability for the implementation of safety and health related policies, programs, procedures, goals, and objectives. 6. Ensure that managers and supervisors observe all safety and health related policies and procedures. LMC �I y OSHA/Safety Assistance 9104 Model Program - M/ VID1 iac(� 0 • • Membership and Rules Order 1. The safety committee shall consist of: An employee from each work unit (department). • A first -line supervisor. • A member of upper management. • A non - voting technical advisor, as required. 2. Safety committee members shall serve indefinite terms. Employee representatives shall be appointed /elected by their peers. Upon reorganization, employees shall be given the opportunity to request to serve on the committee. First -line supervisors shall rotate terms on the safety committee. 3. The safety committee shall elect a chair person, a vice chair person, and secretary. 4. The safety committee shall establish rules of order. 5. The safety committee shall establish and post goals and objectives. 6. The safety committee shall hold monthly meetings. • Meeting dates and agendas shall be posted in advance. 7. The safety committee secretary shall take and post meeting minutes. 8. Safety committee minutes shall be maintained on file at City Center. C = OSHA/Safety Assistance 9/04 Model Program - M;I vww • Implementation Tools The safety committee shall: • 0 1. Meet (and conduct associated functions) during normal working hours with employees in pay status. 2. Be allocated adequate and appropriate funds per year for operating expenses and completion of stated goals and objectives. 3. Be authorized to spend budgeted funds on safety and health related improvements, with City /HUC approval. Accountability The safety committee shall prepare an annual report. The report shall be submitted to the City and Hutchinson Utilities Commission and be posted for employee review. The report shall include: 1. A summary of progress made in meeting stated goals and objectives. 2. An analysis of accidents and injuries (including close - calls) that identifies recurrent hazards and means of prevention. 3. An analysis of safety inspections that identifies recurrent hazards and means of prevention. 4. Specific recommendations for the elimination of work place safety and health hazards. 5. Goals and objectives for the coming year. UI t _ OSHA/Safety Assistance 9/04 Model Program - NNOVA vc) (�) 0 El COMPLIANCE POLICY "All personnel shall perform assigned work in accordance with established safety and health related policies, procedures, and work practices. Failure to observe safety and health related policies shall result in disciplinary actions as per established polices and agreements. " LMC OSHA/Safety Assistance 9/04 Model Program - NNVA �oC r/ 11 COMPLIANCE POLICY "Work place safety requires a team effort and is a shared responsibility. All personnel shall be required to perform assigned work in accordance with established safety and health related policies, procedures, and work practices. Compliance with safety and health related policies, procedures, and work practices shall be assessed during annual performance reviews and shall be a factor in promotions and the assignment of other benefits. Serious and/or recurrent violations of established safety and health related policies, procedures, and work practices shall result in disciplinary action up to and including termination." L My OSHA/Safety Assistance 9/04 Model Program - /NWA • 4. Personal Exposure Monitoring • • Personal exposure monitoring shall be conducted to evaluate employee exposure to work place hazards (e.g. noise and airborne contaminates) as required by applicable regulations and work place hazards. Form SP -7 (or an equivalent) shall be used to record the results of personal exposure monitoring. The employee with whom personal exposure monitoring was conducted shall be informed of the results as required by applicable regulations. All affected managers, supervisors, and employees shall also be informed of the results of personal exposure monitoring in accordance with employee confidentiality restrictions. Human Resources shall maintain all employee personal exposure records. Employees shall have access to their exposure records, and upon request said records shall be released to the employee's personal physician. Said records shall also be released to the employee's designated representative in accordance with applicable OSHA restrictions and procedures. 5. Occupational Medicine Results from the occupational medicine program shall be used to evaluate any potential adverse health effects from employee exposure to harmful work environments and /or agents. Said determinations shall be made by the occupational medicine physician and communicated to the City and Hutchinson Utilities Commission in accordance with restrictions imposed by patient/physician confidentiality. Hazard assessments shall be conducted by a qualified individual (e.g. a persor, who has, by extensive knowledge, training, and experience, successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or project) and shall directly involve work unit supervisors and employees. The results of hazard assessments shall be communicated to affected managers, supervisors, and employees and the safety committee. LMC OSHA/Safety Assistance 9104 Model Program - MNSM11 °(0) HAZARD ELIMINATION /CONTROL Policy Where practical and feasible safety and health hazards shall be eliminated rather than controlled. Implementation Tools Four methods shall be used to correct work place safety and health hazards. 1. Hazard Elimination When practical and feasible, work place safety and health hazards shall be eliminated by changing processes, materials, and /or procedures in lieu of other control measures. 2. Engineering Controls • Effective engineering controls shall be the preferred method to control safety and health hazards that can not be eliminated by changing processes, materials, and /or procedures. Engineering controls implemented by the City and Hutchinson Utilities Commission include, but may not be limited to: • Ventilation and exhaust. Guards and barricades. Installation of sound absorbing materials. Interlocks and other safety devices. Installation of enclosures /devices that isolate employees from hazards. Redesigning of work stations /areas. �l�,f!"t OSHA/Safety Assistance 9/04 lC L 11� Model Program - - 3. Administrative Controls • Administrative controls shall be used to control work place safety and health hazards when appropriate and feasible. Administrative controls implemented by the City and Hutchinson Utilities Commission include, but may not be limited to: Modifying work schedules to reduce employee exposure to toxic materials and /or hot environments. Implementing safety and health related policies, procedures, and work practices, including OSHA required safety and health programs. Where applicable, OSHA required safety and health programs implemented by the City and Hutchinson Utilities Commission include, but may not be limited to: =:> Hazard Communication Program. => Personal Protective Equipment Procedures. => Respiratory Protection Program. • =:> Hearing Conservation Program. => Hazardous Energy Control (Lockout/Tagout) Program. • =1 Permit - Required Confined Spaces Program. => Fire Prevention /Emergency Action Plan. =:> Infection Control Plan. TT ��,,{{//—Y1 OSHA/Safety Assistance 9/04 �/ Q .1..�MC Model Program - MANUA = ;4.= 61 ) Providing employees with information and training as required by • applicable regulations, work place hazards, and employee job duties. Employee information and training includes, but may not be limited to: => Posted signs that warn employees of work place safety and health hazards. Material Safety Data Sheets (MSDS) available for hazardous chemicals to which employees may be exposed. => New employee safety training and instruction. => In service training of existing employees. => Job briefings. => Toolbox and tailgate safety talks. 4. Personal Protective Equipment When safety and health hazards can not be eliminated or controlled by other means, employees will be provided with and required to wear suitable personal protective equipment. Personnel protective equipment including, but not limited to, hardhats, protective eye wear, gloves, and protective footwear shall be selected, inspected, used, and cared -for in . accordance with applicable regulations and the manufacture's instructions. Personal protective equipment provided to employees includes, but may not be limited to: Safety goggles Ear plugs Hard hats Reflective vests Employees shall be responsible for the proper inspection, use, and maintenance of assigned personal protective equipment. • OSFWSafety Assistance 9104 �,//J�/ //.14 LMC Model Program- / N&IFfd11 t._m 7= o(a) U FACILITY MAINTENANCE Policy Scheduled maintenance shall be used so far as practical and feasible to insure the safety, reliability, and availability of structures, equipment, and vehicles. Implementation Tools Facility Maintenance Structures, equipment, and vehicles shall be inspected and maintained in accordance with applicable regulations, codes, and manufacturer's instructions. It is the goal of the City and Hutchinson Utilities Commission to maintain structures, equipment, and vehicles through scheduled and planned . maintenance. To facilitate planned maintenance and the reporting of items in need of repair the City and Hutchinson Utilities Commission have established work order systems. All personnel shall use the systems to report items in need of maintenance or repair. Maintenance and inspection records shall be maintained on file as required by applicable regulations. All replacement equipment and parts shall meet or exceed OM (original manufacture's) specifications. Housekeeping Maintaining a clean and sanitary work place is a shared responsibility and requires a team effort. To accomplish this goal, housekeeping procedures and assignments have been established. Housekeeping procedures and assignments shall be posted at all City and Hutchinson Utilities Commission work locations. OSHA ety Assistance 9/04 LMC Model �� lly. Model Program - �J 0 ACCIDENT INVESTIGATION AND RECORD ANALYSIS Policy Accidents and injuries can reoccur unless root causes are identified and corrected. All accidents and injuries (including close - calls) shall be investigated to identify root cause and appropriate corrective measures. Implementation Tools 1. Records Management The city shall maintain and periodically review the following records. Record Maintained By /Location Employee Personal Exposure Records Human Resources — CRY Center &HUC Office Employee Medical Records Human Resources — Clty Center a Huc Office Employee Training Records Human Resources — city Center Reports Of Accidents /Injuries Human Resources - city center a Huc Office OSHA 300 log Human Resources - city Center a HUG Office Safety Inspection Reports /Audits Human Resources - cay Center Accident Investigations Human Resources - Clty Center Canceled Confined Space Permits Affected Departments Lockout/Tagout Work Plans Affected Departments Lockout/Tagout Inspections Affected Departments Maintenance Records Affected Departments LMC L y OSHA/Safety Assistance 9/04 Model Program - M IMAN • • L 2. Reporting of Accidents and Close -calls Employees are required to report all accidents and injuries (including close - calls or near accidents) to their work unit supervisor. OSHA recordable injuries shall be reported to Human Resources. Human Resources shall be responsible for reporting and recording OSHA recordable injuries (including the processing of workers' compensation claims and compilation of the OSHA 300 log) in accordance with applicable regulations. It shall be the responsibility of the City Administrator, HUC General Manager, and /or the Human Resources Director to report fatalities and accidents, which result in the hospitalization of three (3) or more employees, to the nearest OSHA office within 8 hours. 3. Accident/injury Investigation Work unit supervisors shall be responsible for promptly investigating all accidents and injuries (including close -calls /near accidents) to identify root cause and appropriate corrective actions. Figure 2 may be used to provide general guidance for determining root cause and appropriate corrective actions. Work unit supervisors shall communicate the results of all investigations to affected managers, supervisors, employees, and the safety committee. 4. Analysis of Accidents and Injuries The safety committee shall record and analyze information and statistics on accidents and injuries (including close - calls /near accidents) to identify recurrent hazards. The safety committee shall communicate it's analysis (including any recommendations) to the city, supervisors, and employees. C OSHA/Safety Assistance 9/04 Model Program - MNUN i o () 0 OCCUPATIONAL MEDICINE Policy Employee health and well being shall be monitored through an occupational medicine program. Results of the program shall be used to determine employee fitness for duty and to identify and evaluate any medical effects resulting from work place safety and health hazards. Implementation Tools The Hutchinson Medical Center has been designated as the primary facility to provide occupational medicine services to the City of Hutchinson and Hutchinson Utilities Commission To facilitate an effective occupational medicine program, the City and HUC shall provide Hutchinson Medical Center with information about work place safety and health hazards, employee job duties, and applicable regulations. • As required by work place safety and health hazards and applicable regulations, Hutchinson Medical Center shall perform initial and periodic medical examinations and tests to evaluate employee health and fitness for duty. • Hutchinson Medical Center and /or Human Resources shall communicate the results of medical procedures and tests to the employees. In accordance with physician /patient confidentiality restrictions, Human Resources shall communicate pertinent employee medical information to employees and only those other individuals who have an appropriate reason to know or have legal access to the information. The City and HUC shall maintain applicable employee medical records. Employees shall have access to their medical records, and upon request, said records shall be released to the employee's personal physician. Said records shall also be released to the employee's designated representative in accordance with applicable OSHA restrictions and procedures. 1. OSHA/Safety Assistance 9104 /�/ /piM �_.._ Model Program - 6"► � 6 1 0 CONTRACTOR SAFETY Policy Qualified Contractors It is the policy of the City and Hutchinson Utilities Commission to retain only qualified contractors that have a demonstrable record of employee safety and health and regulatory compliance. Contractor Duties The contractor shall be responsible for initiating, maintaining, and supervising safety and health related policies programs and work practices in connection with the performance of contractual work. • The contractor's safety and health program shall be in compliance with all applicable regulations and shall provide a level of employee protection that is equal to or greater than safety and health related policies, procedures, and work practices implemented by the City and Hutchinson Utilities Commission 11 The contractor shall be responsible for furnishing all safety and health related equipment necessary for the completion of contracted work. Duties to Subcontractors The contractor shall be responsible for communicating safety and health related information to subcontractors and shall ensure that subcontractors initiate, maintain, and supervise safety and health related polices, programs, and work practices while performing subcontracted work. Imminent Danger The City and Hutchinson Utilities Commission reserves that right to suspend contracted work, if said work exposes the employees of either city or HUC or the contractor to imminent danger. L=�4.-= C OSHA Mo eTy Assistance 9/04 I1�/�V .M Model Program- �I�,I, !/� °(6) Implementation Tools • Exchange of Safety and Health Related Information Prior to the beginning of contracted work, the project manager /inspector and the contractor's job site supervisor shall exchange and review applicable safety and health related information, procedures, and practices. The information exchange /review shall include, but may not be limited to: Hazardous materials (including lead and asbestos containing materials) present in the host city's work place and to which the contractor's employees might be exposed. Information provided to the contractor shall include, but may not be limited to. Identity and nature of hazardous materials. Potential health hazards. Protective measures. • Location of Material Safety Data Sheets (MSDS). 2. Hazardous materials brought into the host City's and/or Hutchinson Utilities Commission's work place by the contractor (including any • subcontractors). Information provided to the City and /or HUC shall include, but may not be limited to. Identity and nature of hazardous materials. Potential health hazards. Protective measures. Location of Material Safety Data Sheets (MSDS). LOS OSHA/Safety Assistance 9/04 �i�iv$ Model Program - ) r�,(a) lJ EMPLOYEE INFORMATION Policy Employees shall be provided with adequate and effective safety and health related information. Implementation Tools Employee Rights Under the Occupational Safety, and Health Act Employees will be informed of their rights under the Occupational Safety and Health Act by posting the "OSHA Poster." The OSHA poster shall be posted at all primary work locations and at City Center and the Hutchinson Utilities Commission main facility. 2. Work Place Injuries and Illnesses Employees shall be informed of work place injuries and illness by posting of the OSHA 300 A Log for the previous year between February 1 and April 30 of each year. The OSHA 300 A Log shall be posted at City Center and the Hutchinson Utilities Commission main office facility. Access to Safety and Health Related Information Employees shall be provided access to safety and health related information, including but not limited to; OSHA standards, Material Safety Data Sheets, and safety and health related policies and procedures. Safety and health related information shall be available for employee review at their respective departments. Human Resources shall be responsible for posting (or making available) the above information. LusOSHA/Safety Assistance 9/04 RiI�I/ Model Program - �/�,I,V 4. Access to Medical Records Employee medical records are maintained on file at City Center or the Hutchinson Utilities Commission main facility. Employees are to contact Human Resources to access and review their medical records. Upon request, medical records shall be released to the employee's private physician. 5. Access to Personal Exposure Records Employee exposure records shall be maintained and are on file at City Center or the Hutchinson Utilities Commission main facility. Employees are to contact Human Resources to access and review their exposure records. Upon request exposure records shall be released to the employee's private physician. Said records shall also be released to the employee's designated representative in accordance with applicable OSHA restrictions and procedures. 6. Access to Training Records Employee training records shall be maintained and are on file at City • Center. Employees are to contact Human Resources to access and review their training records. 7. Warning Signs, Labels, and Tags Appropriate signs, labels, and tags shall be used to communicate work place hazards and safety and health related information. Some examples follow: • Danger signs and tags - shall be used in major hazard situations where an immediate hazard presents a threat of death or serious injury. • Caution signs and tags - shall be used in minor hazard situations where a non - immediate or potential hazard or unsafe practice presents a lesser threat of employee injury. • Warning signs and tags - shall be used to represent a hazard level between "caution" and "danger". • Safety Instruction Signs - shall only be used to communicate safety and health related information. LMCOSHA Model Assistance 9104 NNIV 6 Ili.•. AAodel Program - ff//16ffll � ° 1() 0 • EMPLOYEE TRAINING Policy All employees shall be provided with effective safety training and instruction as required by work place hazards, employee job duties, and applicable regulations. First -line supervisors shall evaluate the effectiveness of training by observing employee work practices and compliance with established safety and health related policies, procedures, and practices. First -line supervisors shall take appropriate actions to correct skill and knowledge deficiencies. Implementation Tools New Employees All new employees shall be provided with effective safety training and instructions as required by work place hazards, the employee's job duties, and applicable regulations. The training shall be completed before new employees perform assigned work. New employee safety training and instruction shall include, but may not be limited to: Information on safety and health related policies, procedures, and practices. Instruction on the identity and nature of work place safety and health hazards, including hazard control procedures and practices. Instruction on specific job duties including safe work practices. • Instruction on emergency procedures. The training will be documented and kept on file at City Center LMCOSHA Model ery Assistance 9/04 MNUA ! y Model Program - Vf6"W1l Ic) ( n U • 2. In- Service Training of Existing Employees All existing employees shall receive topical and refresher training as required by: • Applicable regulations. The introduction of new hazards. • Procedural changes. Work practice deficiencies. In- service training will be scheduled on a monthly basis. Attendance will be taken and maintained on file at City Center. - 3. Toolbox and Tailgate Safety Talks Work unit supervisors shall conduct frequent toolbox and tailgate safety talks to communicate: 0 Topical safety and health related information. Work- specific hazards and hazard control procedures (job briefings). Hazards associated with non - routine tasks. 4. Training Effectiveness Shall be Evaluated by: Work place safety inspections. Employee compliance with established policies, procedures, and work practices. First -line supervisors shall be primarily responsible for evaluating the effectiveness of employee training. Feed back will be requested by safety committee as appropriate. I MC OSHA/Safety Assistance 9104 Model Program - v``7 �oC� 0 EMERGENCY PREPAREDNESS Policy The City and Hutchinson Utilities Commission shall be prepared for all reasonably foreseeable work place emergencies. Implementation Tools Fire and Emergency Prevention The City and Hutchinson Utilities Commission has established specific procedures and responsibilities to prevent fires and other emergencies in a fire and emergency prevention plan. 2. Emergency Equipment and Egress • Emergency equipment, including but not limited to; exits and exit ways, fire extinguishers, first aid kits, emergency eye wash stations, emergency showers, and emergency lights shall be installed, inspected, and maintained in accordance with applicable regulations. n lJ Procedures for the inspection and maintenance of emergency equipment are established in the Fire and Emergency Prevention Plan. 3. Employee Emergency Action Plan Procedures to be followed by employees in the event of a fire or other work place emergency are established in the Employee Emergency Action Plan. LusOSHA Moery Assistance 9104 MM41q Modal Program - �/�V6'fl �CQ) 4. Employee Training • Employees shall be trained for assigned emergency response actions and duties in accordance with applicable regulations. The information and training includes, but may not be limited: Actions and duties established in the emergency action plan. Fire prevention and the use of portable fire extinguishers. CPR and first aid. Job classifications required to be trained in CPR/first aid include and may be added to by the City and HUC at any time: ( Sworn PoliogPPersonnel ) ( Firefighters ) ( Water & Wastewater Operators ) ( Natural Gas Operation Personnel ) • ( Electric Line Crew members ) ( Lifeguards ) • 5. Emergency Response The following agencies have been designated to respond to an emergency at City and Hutchinson Utilities facility locations: Fire Department: 1-lospitaUAmbu lance: 911 Police: Local emergency response agencies shall be informed of work place safety and health hazards in accordance with applicable regulations. The local fire department has toured the facility, and has developed a pre - emergency plan. The preplan is available for employee review at the Hutchinson Fire Station. OSHA/Safety Assistance 9104 �/ LMC Model Program - NNZF 11 j^ • • ANNUAL PROGRAM AUDIT Policy The effectiveness of the safety and health program shall be assessed by an annual audit. Implementation Tools The safety committee shall perform an annual audit of the safety and health program. The audit.shaU be conducted in January of each year. The goal of the audit shall be to improve overall program effectiveness by identifying specific needs and deficiencies. Specific recommendations for improving the program shall be made through updated goals and objectives. Form SP -9 (or an equivalent) shall be used to complete the audit. The safety committee shall communicate the results of the audit to the city, supervisors, and employees. L OSHA/Safety Assistance 9/04 Model Program - MM�W IC-�(�) CITY OF HUTCHINSON MEMO Finance Department November 9, 2006 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: INDEPENDENT AUDIT PROPOSAL Our current auditors Abdo Eick & Meyers have presented a proposal for auditing services for the 2006, 2007, and 2008. The base fee as outlined in their proposal is: 2006 $32,150 2007 $33,785 2008 $35,425 Fees would be added for single audits if required for federal funds received by the City of Hutchinson. In the proposal added fees that are not know nor may not be needed are costs related to GASB requirements. I have attached the outlined received from the firm. Our 2005 audit cost was $35,100 which did include a single audit. Recommendation It would be recommended the City Council agree to the 3 year proposal with Abdo Eick & Meyers. H: \DCC \City council memo l.doc • Dc�� CITY OF MTTCHINSON, MINNESOTA SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2006-2008 FINANCIAL STATEMENTS NAME OF FIRM: ABDO, FICK & MEYERS, LLP partrtess Manager, sopcc,.ory staff Junior Staff totem Staff Other: Rennet tome Report procetung Rounding Subtotal Out 0jrpoctef Expenses: Meal A. Lodgmg Transportation Other State Auditoes Rqoni g Form Tout All-inclusive Maximum Price Before, Single A Single Audit Eappiwent Fee Estimate Data Collection Form Fee E3tionaft DECEMBER 31, 2006 H.. Hoy Rat Total Standard 01-d 65 S ]so I s 180 1 S 11,700 55 99 98 1 5 90 70 90 801 1 94 50 71 71 1 3.550 50 55 55 2,750 Z900 20 71 71 1,420 10 55 55 550 590 320 30,960 alit 735 UFMM S 3 150 Other Future Audit SundardLCASB9 Affecting Fees S 1,735 $ 195 X820 18-11 S 195 GASB 44 - Statistical Section Unknown GASB 43/45 - Postemplymend Benefits U4.0. Risk Assessment Standards Uuk I uovn There will be additional time iloved with the above, but at this time we cannot estimate arm The GASB 44 -Statistical Section shondd he approximately $1,000 to SI,W. Additional work beyond that specHted above would be at our standard rates noted above. it $ �1910 S 205 Unknown Unknown DECEMBER 31. 2007 H Rates Total d 65 1 S 189 1 $ 189 $ 12285 1 55 1 103 1 103 5.665 70 1 94 1 94 5,880 501 75 1 75 3,750 50 58 58 Z900 20 75 75 10 58 58 590 320 32,560 UFMM 455 770 1 S 33,785 X820 18-11 S 195 GASB 44 - Statistical Section Unknown GASB 43/45 - Postemplymend Benefits U4.0. Risk Assessment Standards Uuk I uovn There will be additional time iloved with the above, but at this time we cannot estimate arm The GASB 44 -Statistical Section shondd he approximately $1,000 to SI,W. Additional work beyond that specHted above would be at our standard rates noted above. it $ �1910 S 205 Unknown Unknown 0 C TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer RE: Discussion of Highway 7 Project StaWs DATE: November 14, 2006 Currently, the first phase of the Highway 7 project is proposed to be open to traffic on approximately November 20'b. We will give an update on the timing of that work, and briefly update the Council on plans for Phase 2 in 2007. • cc: Gary Plotz —City Administrator • o (C-) . City of Hutchinson E Improvements to Wastewater Treatment Facilities Construction Phase Services Overview October 27, 2006 Construction Phase Services The following construction phase engineering services will be provided by an experienced construction contract manager, on -site resident project representative, and an operations specialist, in addition to the design phase team members (process, electrical, instrumentation and control, HVAC plumbing, structurai, and civic -- engineers). • Bidding, Contract Evaluation & Award $ 24,400 • Construction Contract Administration 56,635 • Technical Shop Drawing Review 70,100 • Answering Contract Clarification Questions 18,600 • Final Inspections and Punch List Development 28,500 • Record Drawing Preparation 7,200 • Equipment & System Start-up Assistance 15,700 • Equipment & System Training 12,000 • Operation & Maintenance Manual Development 17,100 • Resident Project Representative Services 307,200 • Preliminary Sewer Service Charge System Update 9,800 • Final Sewer Service Charge System Update 16,100 • Phosphorous Management Plan Update 8,800 Total Construction Phase Services Fee: $592,135 Estimated Construction Cost of the Project: $10,500,000 Engineering Fee as % of Construction Cost: 5.6% Engineering Fee as % of Construction Cost: 5.3% (without the non - traditional services of two user fee and phosphorous management plan updates) �oCd) 0 L J • COMPARISON OF PROJECT COST OPINIONS Hutchinson, Minnesota Aug. 9, 2006 Items Estimated Cost Facilities Plan Project Cost Opinion Construction Cost 9,070,000 Engineering, Legal & Administrative 1,360,000 Facilities Plan Total Initial Cost Opinion 10,430,000 90% Design Project Cost Opinion Construction Cost 11,350,000 Engineering, Legal & Administrative 1,100,000 90% Design Total Initial Cost Opinion 12,450,000 Difference of Total Project Costs 2,020,000 Percent Difference 19.4% 90% Design With Cost Reduction Options Construction Cost 9,594,000 Engineering, Legal & Administrative 1,100,000 90% Design Cost Opinion 10,694,000 Difference From Facilities Plan Estimate 264,000 Percent Difference 2.5% 8/10/2006 Evaluation of Construction Costs at 90%—final d(d) 0 ENGINEERING SERVICES AGREEMENT Project: Hutchinson Wastewater Treatment Plant Improvements (Project) Construction Related Engineering Services This Agreement is by and between: City of Hutchinson (Owner) Hutchinson City Center I t I Hassan Street SE - - -- - - -° — - - - - Hutchinson, MN 55350 and Donohue & Associates, Inc. (Donohue) 3311 Weeden Creek Road Sheboygan, WI 53081 • Who agree as follows Owner hereby engages Donohue to perform the Services set forth in Part I for the compensation set forth in Part Ill. Donohue will be authorized to commence the Services upon execution and receipt of this Agreement from Owner. Owner and Donohue agree that this signature page, together with Paris I through IV attached, constitute the entire agreement for this Project. APPROVED FOR OWNER By: Printed Name: Title: • Date: APPROVED FOR DONOHUE 0 Printed Name: Edward S Nevers, P.E. Title: Vice - President Date: PART • PROJECT DESCRIPTION /SCOPE OF SERVICESfnMING A. PROJECT DESCRIPTION The Owner's recently updated Facilities Plan Amendment described the need for improvements to their existing wastewater treatment plant. The improvements are needed to increase the capacity of the wastewater treatment plant for current and future planned growth in the City. The improvements include expansion of the preliminary treatment facilities, addition of membrane bioreactor process, addition of phosphorus removal and conversion of the chemical disinfection to ultraviolet disinfection. The Engineer has prepared plans and specifications for these improvements, and the Owner will be proceeding into the construction phase of this project. The Owner wishes to have the Engineer provide selected engineering services during the construction phase of this project. B. SCOPE OF SERVICES Basic Services to be provided by Donohue during the coistruction phase for this Project under this Agreement are as follows: 1.0 Bidding Phase After acceptance by Owner of the bidding documents and the most recent opinion of probable construction cost as determined in the final design phase, approval of a construction permit application by Minnesota Pollution. Control Agency (MPCA), and upon written authorization by • Owner to proceed, Donohue shall: 1.1 Provide notice to prospective bidders, distribute bidding documents and maintain a bidders listing. Donohue is to retain charges for bidding documents sold to Contractors and others at a cost to cover the cost of printing and document distribution. { 1.2 Furnish up to five sets of the bidding documents (up to three sets of drawings to be full size if requested by the Owner) to the Owner for the Owner's use. Ji 1.3 Answer bidding questions and prepare addenda as required to document changes or clarifications in the bidding documents. 1.4 Attend and conduct a pre -bid conference. Prepare and distribute minutes of the conference. 1.5 Obtain copies of the submitted bidding documents for review and tabulation. Prepare a bid tabulation and award recommendation letter for the Owner to review. 2.0 Construction Related Engineering Services Upon successful completion of the bidding phase, and upon award of the construction contract by the Owner, Donohue shall provide the following construction phase services for the Project: 2.1 General Administration of Construction Contract(s). Consult with Owner and act as Owner's representative as provided in the General Conditions of the contract documents as included in • the project manual. The extent and limitations of the duties, responsibilities and authority of Page 2 o Ld Donohue as assigned in said General Conditions shall not be modified, except as Donohue may otherwise agree in writing. 2.2 Contract Documents Distribution. Print and provide contract documents including all issued addenda during the bid phase for use by the Contractor (up to 5 sets). These sets of contract documents are in addition to the set to be given to the Contractor to be annotated with record document information. 2.3 Pre - Construction Conference and Progress Meetings. Conduct a pre - construction conference prior to commencement of work at the project site and prepare and distribute minutes. Also attend monthly construction progress meetings conducted by the Contractor. 2.4 Visits to Site and Observation of Construction. Perform the following services in connection with observations of Contractor's work in progress: 2.4.1 Make visits to the Site at intervals appropriate to the various stages of construction, as Donohue deems necessary. in order to observe the progress and quality of the Work. Such visits and observations by Donohue are not intended to be exhaustive or to extend to every aspect of a Contractor's work in progress or to involve detailed inspections of a Contractor's work in progress beyond the responsibilities specifically assigned to Donohue in this Agreement and the contract documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the work based on Donohue's exercise of professional judgment as assisted by the Resident Project Representative. Based on information obtained during such visits and such observations, Donohue will determine in general if a Contractor's work is proceeding in accordance with the contract documents, and Donohue shall keep Owner informed of the progress of the Work 2.4.2 The purpose of Donohue's visits to, and representation by the Resident Project Representative, at the Site, will be to enable Donohue to better carry out the duties and responsibilities assigned to and undertaken by Donohue during the construction phase, and, in addition, to provide for Owner a greater degree of confidence that the completed work will conform in general to the contract documents and that the integrity of the design concept of the completed project as a functioning whole as indicated in the contract documents has been implemented and preserved by Contractor. Donohue shall not, during such visits or as a result of such observations of a Contractor's work in progress, supervise, direct, or have control over a Contractor's work, nor shall Donohue have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by a Contractor, for safety precautions and programs incident to a Contractor's work, or for any failure of a Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the work Accordingly, Donohue neither guarantees the performance of Contractor nor assumes responsibility for Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 2.5 Defective Work. Recommend to Owner that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Donohue believes that such work will not produce a completed project that conforms generally to the contract documents or that Page 3 6) it will prejudice the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents. 2.6 Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the contract documents as appropriate to the orderly completion of Contractor's work. Donohue may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 2.7 Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to Owner and prepare Change Orders and Work Change Directives as required. In addition, Donohue shall prepare documentation that appropriate governmental authorities having jurisdiction over the Project may require for review and approval of the change orders. 2.8 Shop Drawings and Samples. Review and approve or take other appropriate action in respect to shop drawings and samples and other data which a Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the Project.. - 2.9 Substitutes and "or- equal. " Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor. 2.10 Inspections and Tests. Witness special inspections or tests on the project site of Contractor's work required by the contract documents. Receive and review certificates of inspections, tests, and approvals required by Laws and Regulations or the contract documents. • 2.11 Disagreements between Owner and Contractor. Render formal written decisions on claims of Owner and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the contract documents pertaining to the execution and progress 6f Contractor's work. 2.12 Applications for Payment. Based on Donohue's observations of the completed work and�n review of applications for payment and accompanying supporting documentation, Dono ue shall: 2.12.1 Determine the amounts that Donohue recommends Contractor be paid. Lh recommendations of payment will be in writing and will constitute Donohue's representation to Owner, based on such observations and review, that, to the be t of Donohue's knowledge, information and belief, that Contractor's work � has progressed to the point indicated, the quality of such work is generally in accordance with the contract documents, and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Donohue's responsibility to observe Contractor's work. • 2.12.2 By recommending any payment, Donohue shall not thereby be deemed to have represented that observations made by Donohue to check the quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the work beyond the responsibilities specifically assigned to Donohue in this Agreement and the contract documents. Page 4 Ib(J 2.13 Contractor's Completion Documents. 2.13.1 'Receive and review maintenance and operating instructions, schedules, and guarantees as provided by the Contractor's equipment vendors. 2.13.2 Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the contract documents, certificates of inspection, tests and approvals, shop drawings, samples and other data approved as provided under Paragraph 5.8 and the annotated record documents which are to be assembled by Contractor in accordance with the contract documents to obtain final payment 2.13.3 Donohue shall transmit these documents to Owner. 2.14 Substantial Completion. Promptly after notice from Contractor that the Contractor considers the entire work ready for its intended use, in company with Owner and Contractor, conduct an inspection to determine if the work is substantially complete. Donohue shall prepare a list of any observed deficiencies during the inspection. At the direction of the Owner, Donohue shall prepare and deliver a certificate of substantial completion w Owner and Contractor. 2.15 Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed work of the Contractor is acceptable so that Donohue may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Donohue shall also provide a notice that the Work is acceptable to the best of Donohue's knowledge, information, and belief and based on the extent of the services provided by Donohue under this Agreement. • 2.16 Record Documents. Receive and review annotated record documents, which are to be assembled by the Contractor in accordance with the Contract Documents to obtain final payment. Prepare record drawings showing appropriate record information based on the project annotated record documents received from the Contractor. The completed record drawing deliverables shall one full size and two half -size printed -paper sets. 2.17 Start -up Assistance. Provide up to 110 hours of equipment and unit process system start-up assistance by an operations specialist for the new facilities. 2.18 Training Assistance. Provide up to 80 hours of project specific equipment, unit process system, and controls training for the new facilities. 2.19 Operation and Maintenance Manual. 2.19.1 Manual Preparation. Prepare a concise operation and maintenance (O &M) manual for the newly constructed facilities. Equipment maintenance and operating instructions, schedules, and guarantees as submitted by equipment vendors and suppliers and Contractor to Donohue will be used as a basis in the preparation of the O &M Manual. 2.19.2 Manual Submittal. Submit up to 2 hard copies of the draft O&M manual for review by the Owner and 3 hard copies of the completed O &M manual. In addition, submit an electronic copy (compact disk) of the completed O &M manual . in Microsoft Word format (Office XP or later version) for text, and Adobe Acrobat (latest version) for all drawings and other exhibits with each hard copy package. Page 5 (16 • 2.20 Limitation of Responsibilities. Donohue shall not be responsible for the acts or omissions of Contractor, or of any of its subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the work. Donohue shall not be responsible for failure of Contractor to perform or famish the work in accordance with the Contract Documents. 3.0 Resident Project Representative Services. 3.1 Full Time Services. Provide the services of a resident project representative (RPR) at the site to provide more extensive observation of Contractor's work. Provide up to 40 hours per week during the 13 month substantial completion period and up to 20 hours per week during the final two month final completion period of the services of an RPR at the project site unless additional time is authorized in writing by the Owner. 3.2 Limitation of RPR Services. The furnishing of such RPR's services will not extend Donohue's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. 4.0 Rate Study Updates. 4.1 The Sewer Service Charge System was updated at the end of 2005 and implemented in early 2006. This Sewer Service Charge System needs to be updated to include the planned construction project. The preliminary sewer rates need to be developed in the fall of 2006 to meet MPCA and PFA requirements. The following services will be provided for the Fall 2006 update: • 4.1.1 Review annual bond or other debt payment schedules for fiscal years 2006 and 2007 (including the new project). 4.1.2 Review annual operation and maintenance expense budgets for fiscal years 2906 (including new expenses for the new facilities). I 4.1.3 Review equipment replacement fund account information and annual budgets, for fiscal year 2006 (including replacement costs for the new facilities). I 4.1.4 Review current sewer use and wastewater rate ordinance. 4.1.5 Calculate new sewer service charge rates. 4.1.6 Provide our findings and recommendations in a letter report. 4.1.7 Meet with the Owner to present the letter report. 4.2 The preliminary Sewer Service Charge System updated in late 2006 will need to be finalized in 2008 during the completion of construction of the wastewater treatment plant improvements. The preliminary sewer rates will need to be finalized in the summer of 2008 in accordance with MPCA and PFA requirements. Sewer rates will be developed for fiscal years of 2009, 2010 and 2011. The following services will be provided for the final update: • 4.2.1 Review wastewater treatment plant influent flow and loading records for fiscal years 2006, 2007 and 2008. Page 6 • 4.2.2 Review water utility customer water usage records by customer class for fiscal years 2006, 2007 and 2008. 4.2.3 Review number of sewer customers by customer class for fiscal years 2006, 2007 and 2008. 4.2.4 Review wastewater flows and loadings records for the major industries for fiscal years 2006, 2007 and 2008. 4.2.5 Review records of sewer customers on private wells for fiscal years 2006, 2007 and 2008. 4.2.6 Review annual bond or other debt payment schedules for fiscal years 2006, 2007 and 2008. 4.2.7 Review annual operation and maintenance expense budgets for fiscal years 2006, 2007, 2008 and 2009. 4.2.8 Review equipment replacement fund account information and annual budgets for fiscal years 2006, 2007, 2008 and 2009. 4.2.9 Review current sewer use and wastewater rate ordinance. 4.2.10 Calculate new sewer service charge rates. • 4.2.11 Provide our findings and recommendations in a report. • 4.2.12 Meet with the Owner to present the report. 5.0 Phosphorous Management Plan Update 5.1 Compile wastewater treatment facilities influent and effluent phosphorous sampling data from July 2004 to December 2006. 5.2 Measure the success of the phosphorous management plan in meeting its goals to date. 5.3 Evaluate the potential for further phosphorous reduction. 5.4 Meet with four major industries to evaluate their potential for further phosphorous reduction in their discharge. 5.5 Review list of other major discharges to identify other potential dischargers of phosphorous. 5.6 Redefine the phosphorous reduction goals for the wastewater treatment facilities. 5.7 Prepare a report for presentation to the Owner. Page 7 • C. PROJECT TIMING Donohue shall be authorized to commence the Services set forth herein upon execution of this Agreement. The construction related services shall be provided during the bidding and construction of the project occurring from February 2007 to September 2008. PART II OWNER RESPONSIBILITIES A. In addition to other responsibilities of Owner set forth in this Agreement, Owner shall: 1. Identify a person authorized to act as the Owner's representative to respond to questions and make decisions on behalf of Owner, accept completed documents, approve payments to Donohue, and serve as liaison with Donohue as necessary for Donohue to complete its Services. 2. Furnish to Donohue copies of existing documents and data pertinent to Donohue's Scope of Services, including but not limited to and where applicable: design and record .d swings for existing facilities; property descriptions, land use restrictions, surveys, geokechmcal ana environmental studies, or assessments. 3. Provide to Donohue existing information regarding the existence and locations of utilities and other underground facilities. 4. Provide Donohue safe access to premises necessary for Donohue to provide the Services. • 5. Subcontract with a geotechnical engineering consultant based upon input from Donohue to obtain information if necessary for structural design purposes. I PART III COMPENSATION, BILLING AND PAYMENT Ij A. Compensation as defined in the Scope of Services (Part 1) of this Agreement shall be in accordance with Donohue's standard chargeout rates in effect at the time the Services are performed. Ro*ne expenses will be billed at cost. The cost for these basic Services will not exceed $592,135 without written approval from Owner. The cost for the basic Services described in Article B—Sco I of Services, is estimated to be broken down as follows: • Bidding, Contract Evaluation & Award $ 24,400 • Construction Contract Administration 181,035 • Equipment & System Start-up Assistance 15,700 • Equipment & System Training 12,000 • Operation & Maintenance Manual Development 17,100 • Resident Project Representative Services 307,200 • Preliminary Sewer Service Charge System Update 9,800 • Final Sewer Service Charge System Update 16,100 • Phosphorous Management Plan Update 8,800 • Total Construction Phase Services Fee: $592,135 Page 8 1�(3 . B. Donohue will bill Owner monthly, with net payment due in 30 days. C. Donohue will notify Owner if Project scope changes require modifications to the above- stated contract value. Services relative to scope changes will not be initiated without authorization from Owner. • • Page 9 PART IV STANDARD TERMS AND CONDITIONS • 1. STANDARD OF CARE. Donohue'sSavices shall be performed in accordan «with the standard ofprofessional practice ordinarily exercised by the applicable profession under similar circa nwinim a the same time and in the locality where the Services are performed. Professional services are not subject to, and Darmbue does not provide, any warranty or guarantee, express or implied. Any warranties a guarantees contained in any purchase orders, requismom, or naim to potted issued by Owner are void and not binding upon Donahue. 2. CHANGE OF SCOPE. The Scope of Services set forth in this Agreement is based an facts luaown u the time of execution of this Agreement, including, ifapplicablS information supplied by Owner. Far same projects involving conceptual ca process development services, scope may snit be fully definable during initial phase. As the project progresses, facts discovered may indicate that the scope must be redefined. Donohue will promptly Provide Owner with a written amendment to this Agreement to recognize such change, which shall be deemed accepted if not objected to within 15 days of receipt by Owner . 3. HAZARDOUS ENVIRONMENTAL CONDITIONS. Unless expressly stated otherwise in the Scope of Service; (Part 1) of this Agreement, D000hue's scope of servim doe amt include my services; relating N aHvadous Environmental Condition, including but not limited to the pneserme at the Proje4 site of asbestos. PCBs, petroleum, hazardous submamcm or any other pollutant or contaminant, as those terms we defined in pertinent federal, mate, and local laws In the event Donohue or any other party encounters a Hamrdous Enviromoenlal Condition, Donohue may w is option suspend performance of services until Owner. a) remains appropriate consultants or contractors to identify and remdime or remove the Hanrdous Environmental Condition; and b) warrants that the Project site is in full cvmphame with all applicable embonmenial hi 4. SAFETY. Unless specifically included as a service to be provided under this Agi crbew, Donohue specifically disclaims my authority a respssibiliry for general inb sit, safety, or the safety of persons (other than Donohue employees) or property . 5. DELAYS. If performance of Donahue's Services is delayed through nw fauh of Donohue, Donohue shall be entitled to an exiehsion of time equal to the delay and an equitable adjustment in compensation. 6. TERMNIATIONISUSPENSION. Either party may terminate this Agreement upon 30 days written notice to the otherpwty. Owns shall pay Donahue fa all Services, including profs relating thereto, rendered prior to termination, plus my expenses of Ierannation. Ifeither parry &faults m its obligations under this Agreement (including 0wner's obligation to make required payments), the non -defaulting party may, after giving seven days written notice, suspeod performance under this Agreement The non - defaulting parry may not suspend performance if the defaulting party commences to came such default within the • seven-day notice period and completes such cure within a reasonable period of time. Donahue may terminate this Agreenenr upon seven days written notice if. a) Donohue believes that Donohue is being requested by Owner to perform services contrary to law or Donohue's resprrebilitim as a licensed professional; or b) DmtMue's Services fa the Project are delayed, suspected, or interrupted far a period of m Imt 90 days for reasons not mmbmable roDorwhue'sperformance, ofServiem; or c) Ownerhas Wed to pay my mount due and owing to Donohue far a period ofai lean 60 days. Donohue shall have no liability to Owner an account of such termination. • 7. OPINIONS OF CONSTRUCTION COST. Any opinion ofcommuctimn costs prepared by Donohue is supplied for the general guidarace of the Owner only. Since Donohue has no control over ci mpentive bidding o maker conditions, Donohue cannot guarantee the accuracy of such opinions m compared to contract bids or actual casts to Owner. 8. RELATIONSMPTO CONTRACTORS. Donohue shall seven Owner'sprofessional representative fa the Savim, and may mace recommendations to Owner concerning adons relating to Owner's contractors. Donohue specifically diulaims my authority to direct o supervise the means, methods, technique; sequence, or procedures of constmctim selected or used by Owner's contractors. Donohue neither guarantees the performance c fany construction convacton nm assumes responsibility far my contractor's failure to perform in accordance with the construction contract documents. 9. CONSTRUCTION REVIEW. Far projects involving construction. Owner acknowledges that under generally accepted professional practice- imerprerations of construction documents in the field rte normally required, and that performance of convruction- relwed services by the design professional for the project permits mom or omissions to be identified and corrected al comparatively low cost. Owner agrees to hold Donohue harmless from my claims resuhing from performance of wnstmeion -related professional services by persons other than Donohue. 10. INSURANCE. Donohue win maintain Professional Liability, Commercial General Liability, Amotaob(le, Worker's Canpensatirm and Employer's liability imurmcecovverage in amorous in accordance with legal and Donohue's business requirements. Donohue shall provide to Owner certificates demonstrating such coverage upon requet. For projects involving construction, Owner agrees to protect Ionahue's interests through appropriate property and liability insurance, and to require is construction contractor, if my, to include Donohue as an additional insured an Contractor's policies relating to the Project covuages referenced above shall, in such case, be excess over contractor's primary coverage. 11. INDEMNIFICATION. Donohue shall indemnify and save harmless CAmer from and agamm loss, liability, claims, and damages sustained by Owner due to bodily injury or death to persons or damage to tangible property to the extent caused by the willful misconduct or negligence of Donohue, its agents, or employees. To the fullest uteri permitted by law, Owner shall defend; indemnify and save harmless Donohue, its agents, employees, and representatives from and against loss, liability, claims, and damagm (including reasonable anomevs' and convlmns' fees) arising from or relahing to the Project in my way, except m the extent that such loss, liability, claims ar damages me caused by The willful misconduct or negligence of Donohue, is agents Or employees. Owner also agrees to require its contraction contractor, if any, to include Donohue as an a) indemnitee under any indemnification obligation to Owner, and b) additional insured under its Commercial General Liability policy. To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Donohue, its employees, agents, and representatives, and Donohue's subaznsultwhts, from and agamm my loss, liability, claims and damages caused by, wising out of, or resulting from the presence w the Project site of asbestos, PCBs, petroleum, hazardous wbslmces, or any ad. pollutant orcrmminant, as those terns we defined in pertinent federal, state, and local laws, except to the extent That the loss, liability, or damages art caused solely by the willful at sco duct r negligence, of Donohue, is agents or employees. 12. LIMITATIONS OF LIABILITY. No owner, shareholder, principal, employee aagent of Donohue shall have individual liability to Owner, and Ow ner covenarts and agreona to we my such individual in connection with the Services under this Agreement. Owner agree that, to the fullest extent pertained by law, Dmohue's total liability to Owner far my and all injuries, claims. losses, expenses; or damages wha otever arising out of or in any way retwed to the Pmject or this Agreement from any causes including, but no limited to, DarHhm s negligence, mors, anis ions, strict liability, or breach ofcontracL shall not exceed the total empensation received by Donohue mderihis Agreement. If Ownerdemes a limit of liability greater than that provided above, Owner and Donohue shall include in Par II of this Agreement the amount of such limit and the additional compensation to be paid to Donohue for assumption of such adAtioaxl risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL DONOHUE BE LIABLE TO OWNER FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES 13. OWNERSHIP AND REUSE OF PROJECT DOCUMENTS. An docaanensand other deliverables, in all media, prepared by or an behalf of Donohue in connection with this Agreement are instrument of service, and Donohue shall hold the copyright to and all other ewmership end property interests in such instruments of service. Owner slug not ream my such dcza.=t: c- :' = delivembla �Waining to IM Project for any purpose other rhm thin far which such documents or deliverables were originally prepared. Owner shall not causes allow the alteration of such documents or deliverables without written verification and approval by Donohue for the specific purpose intended, and my a teaation by Owner shall be at the Owner's safe ri sk. Owner agrees to defend, nclennify, and bold harmless Donolum from all claims, damages, and expenses (including reasonable atloneys' and casultans' fees), arising out ofsrsch reuse or alteration by Owner or others acting Through Owner. 14. ELECTRONICMEDIA. Copies ofdoctmmots that maybe relied upon by Owner are limited to printed copies that we signed and sealed by Dor hue. Files or information in electronic media we famished by Donohue to Owner solely far convenience of Owner. If there is a discrepancy between electronic film and pinned copies, the primed copies govern. Because data mated in electronic media formes can deteriorate m be modified, the Owner agrees to perform acceptance tests within 60 days. Donohue will am be responsible tocorea my mors or far maintenance of documents in electronic media format ate the acceptance Prod 15. AMENDMENT. This Agreement, u peso execution by parties, except s heretp, p d be amended only by a written instrument signed by both perhes, ucept m pvided in PwaPaPh 2. r 16. SUCCESSORS, BENEFICIARIES AND ASSIGNEES. This Agreement shall be binding upon and inure to the benefit of the owners, administrators, exeemors, uwssas, and legal representatives of the Owner and Donohue. d The rights and obligations of this Agieerm=t carom be assigned by either pony without written permission ofthe other parry. This Agreement shall be binding upon .0 imacto the bemefil of any permitted assignees. 17. NO THIRD -PARTY BENEFICIARY. Nothing contained in this Agr ehtnorthe performance ofthepanits hereunder, is intended to benefit, marshal) inure to ebenefhlof, my third parry. including Owner's constm onion contractors, if my. 18. STATUTE OF LIMITATION. To the fullest extent permitted by la..) ponies agree that, accept far claims far indemnification, the time period far bringing cis s under this Agreement shall expire one year after Project comp! am 19. DISPUTE RESOLUTION. Owner and DoriZ shall In wri notice of a dispute within a reasaable time and aHer the event giving rise to the dspme. Owner and Donohue agree to negotiate my dispute between them in good faith far a period of 30 days following such notice. Owrner and Donohue may agree to submit my dispute to mediation or binding arbitration, but doing so shall net be requited or a prerequisite to initiming a lawsuit to =to= this Agreement. 20, CONTROLLING LAW. This Agreement is governed by the law of the stale in which the Project is located. 21. NO WAIVER. No waiver by either party of any default by the other party in the performance ofany particular section of this Agreement shall invalidate my other section of this Agreement or operate as a waiver of my future defxWl, whether like or different in charade. 22. SEVERABILITY. The various terms, provisions and covens herein contained shall be deemed to be separate and severable, and the invalidity ar unealbrceability ofany ofthem shall mat affect or impair the validity or enforceability of the remainder. 23. AUTHORITY. The perms signing this Agreemnn warrant that they have the mthority to sign m, or on behalf of, the qty for whom they are signing. 24. SURVIVAL. All express representations, indernnificirionsand limitations ofliability included in this Agreement will survive its completion alermination far my reason. Date: August 2004 ocd� City of Hutchinson, Minnesota WASTEWATER TREATMENT PLANT IMPROVEMENTS Preliminary Treatment and MBR Improvements 0 0 PROJECT COST BY FIRM FIRM F, PROJECT PHASE DOLLARS Labor Expenses Profit Total % of Total I I On Subs I I I DONO H U IF & ASSOCIATES, Deli' ri Se"Ices S'bbto til:r . , -- 21 856 - — $ - 2,9041$ $ 34,8501 — $ 100.0% Bid:& AwarcI94vi6k.Suht6tAI.—... 24,360 $ - $ IS 24,3601 1 100.0% Eh� Serviceii Duffng. Cdhst SObtotal $ 199,347 1 $ 26,310 $ $ 225,6571 1 100.0% Const.0bieniation ServiiDei.Sublotal $ 282,068 1 $��d$ 1 $ 307,2681 1 100.0% T ta U 199,347 $ 26,310 $ $ 225,657 0,0% To ial o Conist - Observation Services Subtotal $ SUI5 NSUL AW Desibn Services - Subtotal�, $ $ $ 307,268 Bid &gWard Servi66',Subtotal: $ $ $ 537,631 0.0% Et Services Db&t. Con-91 Subtotal.",- $ $ $ 0.0% Cofist ObservztI6fi::S6rvIce9 Subtotal.. -. $ $ $ 0-01/6 $ SU14C NSULT4M , Design Services- Subtotal $ $ $ 0.0% Bid :;& Award Services Subtotal $ $ $ D.0% - .. En" Services D606'i .06rist subt6taV.. $ 1 $ 0,0% Unit:Observatibh-Slhrvlces Subtotal $ $ 0.0% to $ SURCONtULT"ANT-3 — 7§e��6S i Dasign Subto.t2iL.-,-."- $ 31,856 — $ $ $ 0.0% Bid &AWard Services Subtotal $ Bid & Award Services Subtotal $ $ 24,360 0.0% rEeigServices During-Const Subto tal-.. $ $ 24,3601 $ 100.0% Eng Services During: Ccihsl Subtotal 0.0% - -..:Ccihst Observati6n.Services Subtotal 199,347 $ 26,310 $ $ 225,657 0,0% To ial o Conist - Observation Services Subtotal $ 282.066 $ 25,200 0.0% $ 307,268 100.0% TOTAL $ 537,631 j,$ 54,504. $ $ 592,135 100.0%: TOTAL ALA FIRMS Design Services Sublot2l $ 31,856 $ 2,994 1 $ $ 34,850 100.0% Bid & Award Services Subtotal $ 24,360 $ - $ $ 24,3601 100.0% Eng Services During: Ccihsl Subtotal $ 199,347 $ 26,310 $ $ 225,657 100.0% Conist - Observation Services Subtotal $ 282.066 $ 25,200 $ $ 307,268 100.0% TOTAL $ 537,631 j,$ 54,504. $ $ 592,135 100.0%: Client I Project I CRS Eng Fee Ternplale I.xis I Summary Page 1 01 1 10M9106 I � (8) ?age 1 of t 1WI WOO Chem PrejeeS 0 CRS Eng Fee Template I.Xis 10—Hls V CI IT of Hulshlnaan, MlnnasoU WASTEWATER TREATMENT PLANT IMPROVEMENTS Preliminary Treatment and MBR Improvements 0 0 DDNOHUE & ASSOCIATES EXPENSE DOLLARS TOTAL DOLLARS Direipllne »assns PHASEITASK TRAVEL PRINTING OTHER OTHER TOTAL EXPENSES oN SUB3 TOTAL all X 11 Total Trips Miles Es Mileage S 0,500 WIN Es Meals S a Days Es Lodging S SO Total No. Coat S 0.075 No, Cost S O.S06, Descrlpt1on Total kLA11 DEWON SERVICES 777 777777 Rulew 4 Evaluale Plannin Re00mmardaliona S S - S S S: S; . 3 - s S Suva & Me i S a, 4 : - S- • Oeotxheieel 1-figa0a. S '5. Site Vlsita S E 5 ..:. S S 5 $ '- Meatin s b Workslxp. 3- 5 S sS - Pl- S 5 -- - S S S. Si •: S ! 5 S 3 `S' 5 ecilicallom $ .4.::::. S S -- f f ". :,• a :. f "' S S f f - Desi nGaiculalions s: f. ' -,:? S s Deei n Repo 5. '. $ '• ,:.: -- 3 ...:: S ..> 3 .:'r;ir 3' =' •' s :.,_:: .: 5 :'ii.'.,; S _ S - x - 5..,- . Inlemal OC F9eviewb Inca ration 5 :'..r��- ' IS . .: , .: S . �• 4 Re rat ra CI'ient Comment, b IrR:omorate P,,p,nd 1. A e COaMnteel4 6 lnosTOMW 3 i 3y, i _. 7 - S ? 3": 50 1 • l,. h' S 3 - S - S - hcalwrawmans amen! San ale 2 800 S.;BOo 2 'S. ';424' I i:. 16t f 1;004 S -:f ^' 5:'. -,:. S. S s n0a' S 7,$39 S i.0o9 U date the Raie Stu4y-1.1120M 1 Bon S .:.4(10 8 3 ..':18 I S :::::; 00 S. :. 309 :S $ 5 S ..:,-.SOE S '8,714 S SOS S Ll dale the Pale Sntd aumm9r 2009 7 900 S. 000 0 S 72: 2 iri,i,360; °�, "i 1,232 S " - S; ' "•' S `. > -'; pnr,Unq & mauing 5 ,.:250 $" :1,492. S 14678 5 1,092 S S , °.:id,1E0- . L1esi SsrvSOas SVblsLl:' .. .: :. ;:,: 5 .. S 000.'. 'S 114 :; S • ;6sD': ;S I 7 „41: :,_.:': 0 -S ' -.'•.: ., :0 - ;.`C - S.a.'•�. .. `:t!: S ,250 Q'� S 2 »9a st-.na66 . s-.7. a4` - S S '7:54860''. BID a AWARD.SERVICFS '..'::. .. ,: :. .• :, , -.. :- ., Menge en1 S:- - S $ ! S n , S?I .. N`.. 3 - 77777 S 2',181 $ PreBid Meeii fl,spowl. Bhi t dues S: ". S' - S' . - 'S S. S S S - S'1..:s° Sr€ S'- ':.. -.. 5 - S 1,000 10,599 S S S S $ 1,000 S' SP,59a. Pr are Adderde s s s -. -.. s x s S _ $ -_ s 1,260 s 3 1 .9,260 Bid Anel sin 6Lelter of Recemmendalron S s S S - S - S $ 3 S 9,340 S Bid 6 Award SenrIms Sebfoul ': d 3- :.:': S .... :. S t•,;_ y - �- -0 i- i• >Of... .. S- ,_ .:::.'. .' -:• m f, $ '�• Si'2 54, <:,.,. S- 'S'i.21.160.',',. ENO SERVICES DURINO.CONSTRU 07,10N 77 Mans ament S .8 S 3 S .., f'� s i 3 6:,4x1 S S 3 .1'6,4179. ConlreCl Adminislraa0n - 39,402 5 S - Crt IbnStaki orol S . - 3: +. $ -+ - S _ S � Submittal R9ugwe 5 .'• .i I .l, r f • ' S - 3 ., .4.. -- 4 -' - - . S 70,096 S - S - S :70,009:... Clerlrfaallon R NeSia 6 field LjueallgH 3- S C- 5 s S `.. S ..f . f ... - S 14,600 5 - S x 19,.300 I-sO ate L Pre Doer for Mods and Clasna Daai ner Site V19i1B Pr are Raoont Drawl a Pr areQBMManual TrBlnin Slant Services 6 2 3 3 903 000 600 800 S - S 3,200 3 S BW. S " =Y,200 5�;3.Q200 1fi 4 a 13 -S ` S 768 'f. - . S::$':'f4E ;S!,;Tf!14L ;5 ..;. -.' 15 4 10 t4 S 11,523 3 '.,FYJ.y`17.569 S 2.700; S 6,240- S.16.498 '3 -• 4,044'. �3;IC,Ly'16 S- S :. .. -t , S:_Sr':F SnNr�a;,i, S"�Fr,°« S -, ,air ` ;i °EZ�V 3:: f nz•>T :. `1 Llil' 1 S -'- 3713 ',''- IS!I�,'4rcr ,S..3a`f:i y;. "•t= ?' print, ginders, "na::I .� 1 500 •.. '.:j - b Y54B6 S - x 2,000-: S. 4 „046','', f`; 4,770;:; S 13,079 S 7 ,200 S 14,999 S 7,999 S t0,9a8 $ 15,490 S - S 2,065 S 4.014 S 1.710 a f S S 111 T:' -11390 , S X28527 - -:. 3 -_:7 S`!Y7,u� - S 72,049 -$ -� 15,709 Sofa urellon f Pro r ammt S; I 3 ,ti., S;a i•. r,.'. _ k 3 y S y S -eCan @rt S.ndrernuld �CenNVSubfoGl'. -' -,� %d9 .3':0400 _. 3 1 ' ^:..x S1 '160 f 1170 ",- 0 i " -' 0 -S` S .. - - ... ,ka .,, s:.R 600- 5.;28370 :: fa.. 7. ,- .f2f6S10 CONSTRUCTIONOBSE Mane mans RVATION SERVICES A.W. nl E ineeri RasidantCenstrsclknOhservalon COnai Oti9erv4ffon Sprvfcva 5wbfdN:z' .; TOTAL -` 60 `:EO E7 240 ;. 3.100 S -::• S •7 W ...... 3 13,6011 'c:. S , `[i� S r S ... f .1,344 :!1!, y S 3 S =` Sx 1 mE- IZ... YeraYO' a. 3 ` 7,Zw 6 :' -'- i °7 - I.i, 73,764. 0 0 3 3 i -. S •• f :O,S:, 0 f S S' .. ... S -' .•. S S .�. :• _ i' '. • .. i Y food 6 wlrlrtle, r, -d - t +hf tl: , S f 7777 'b 33'1 000 .' ... S, 16,750 1,: 25,200 S ' °26200 - S 50;504 S 202,Oa9 5.2 069 S 517,611 S 25.200 ;3'- 25,300 S 5x,$04 S S.I 7 hf $ s 807 268 - 32907 -.. S, :6x2,T38 Client ! Pmjecl I CRS E% Fee Semplele i -XIs 1 Dono S Pape 2 .12 7('19100 0 C TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer _ — RE: Consideration of Contract with Braun Intertee for Dump Site RenWediation DATE: November 14, 2006 The Council has previously approved up to $20,000 from the Fund Balance to complete the next, and hopefully last, phase of the closure of the old City Dump site, located near the Emergency Training Site, Armory, and Parks Building. It now appears that we will be in the range of $30,000 to complete all work required by the Minnesota Pollution Control Agency (MPCA). We recommend adjusting the overall is expected budget to $32,000, and also approving the attached Response Action Plan (RAP) contract with Braun Intertec at a cost of $16,300.00. • We recommend approving this Contract with Braun Intertec in the not -to- exceed amount of $16,300.Q0. i cc: Gary Plotz —City Administrator 1 C) `) BRAUN Braun intenec Corporation M 952.995.2000 1 1001 Fiomp,hce Merx;e 5 Fat 952.995.2020 INTERTEC Minneapc4 MN 55438 I Web: braunWenec.com October 9, 2006 Kent Exner, PE City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, Minnesota 55350 -2522 Proposal BL- 06- 00116A Re: Proposal for Monitoring of Landfill Gas at Former Hutchinson Dump Hutchinson City Dumpsite County Highway 22 (Adams Street) j Minnesota MPCA Proiect Number- V,D!5 - - _ -- Dear Mr. Exner: In accordance with a request by the City of Hutchinson, Braun Intertec Corporation (Braun Intertec) prepared this proposal to conduct monitoring of landfill gas at the former Hutchinson Dump. The scope of work described herein is in accordance with the Response Action Plan (RAP) for the above - referenced site prepared by Braun Intertec and dated June 5, 2006, and reflect the scope of actions requested by the Minnesota Pollution Control Agency (MPCA) in a letter dated December 15, 2005 addressed to the Hutchinson Public Works Department. We look forward to providing our professional environmental consulting services to the City of Hutchinson on this project. Please contact Paul Burley at 952.995.2422 at your convenience if you have any questions regarding this submittal. Sincerely, BRAUN IN'fERTEC CORPORATION Paul D. Burley, PE, PG Senior Engineer -clZichm . Bratrud, PG Principal Scientist Attachment: Proposal for Monitoring of Landfill Gas at Former Hutchinson Dump Proposal - Huwhit Dump Providing engineering and environmental solutions since 1957 (e) 0 Proposal for Monitoring of Landfill Gas at Former Hutchinson Dump Hutchinson City Dumpsite County Highway 22 (Adams Street) Hutchinson, Minnesota MPCA Project Number: VP15900 1.0 Background Phase I and U environmental site assessments {ESAs) and-an additional Phase If investigation previously were conducted by STS Consultant, Ltd. (STS) of Maple Grove, Minnesota at the former Hutchinson City Dump (Site) during 2002 and 2003. The location of the Site is illustrated on Figure 1: "Site Location Map." Reports prepared during those services were submitted by the City of Hutchinson (City) to the Minnesota Pollution Control Agency (MPCA). The environmental investigations identified several organic and inorganic contaminants in soil, sediment, waste, and groundwater samples collected at the Site. Methane (vapor) monitoring conducted in soil borings at • the Site detected methane concentrations as high as 46.7 percent by volume. Methane concentrations were not detected in the lowest or basement levels of buildings located at the Site. The MPCA requested that the City prepare a Response Action Plan (RAP, or Plan) in support of the MPCA Draft guidance titled, "Monitoring for Landfill Gas At and Near Former Dumps ' The scope of the RAP requested by the MPCA includes preparing a plan for conducting the following response actions at the site: Placing of six (6) permanent methane monitoring points around the Minnesota National Guard Armory (MNGA) building, including four monitoring points along the back (south) side of the building and one monitoring point each at the two sides (east and west) of the building. Installing continuous service methane detectors/alarms inside the MNGA building and other buildings positioned across the Site. Sampling the water supply(s) at the MNGA building, including any production well that can be located and sampled. Completing an on -site riverbank stabilization project with engineering oversight. City of Hutchinson Proposal BL -06- 00116A October 9, 2006 Page 3 Developing a Contingency Plan for MPCA approval that recognizes such controls, and related maintenance controls, as: a. Site Access Security; b. Permanent methane monitoring points and methane alarm system applications, and; c. Necessary prompt response to provide clay soil cover upon discovery of any exposed waste. Recording, at the City's expense, in the County Recorder or Registrar of Titles, whichever is appropriate, in and for McCleod County, a "Declaration of Restrictions and Covenants" in the form, as required by MPCA. The objective of the RAP is to provide a description of the actions that the city of Hutchinson plans to undertake,.in accordance with the MPCA Draft Guidance titled, "Monitoring for Landfill Gas At and- _ New Former Dumps," to protect human health and the environment from releases, or threatened releases, of hazardous substances, pollutants, and contaminants and petroleum- related contamination associated with the property. The response actions address the potential for encountering landfill gasses at the Site, and are in accordance with the e -mail prepared by the MPCA VIC Program and dated, December 15, 2005, to the City of Hutchinson, in which the MPCA updated the list of response actions required to be taken at the dumpsite, as described in an appendix to the RAP. • Braun Intertec prepared the RAP, dated June 5, 2006, and submitted the RAP to the MPCA for review and approval. This proposal for providing landfill gas monitoring services at the former Hutchinson Dump was prepared at the request of the City of Hutchinson. The scope of work described herein is in accordance with the Response Action Plan (RAP).for the above - referenced site prepared by Braun Intertec and dated June 5, 2006, and reflect the scope of actions requested by the Minnesota Pollution Control Agency (MPCA) in a letter dated December 15, 2005 addressed to the Hutchinson Public Works Department. 2.0 Previous and Current Usage Descriptions of former land use at the Site are provided in previous environmental investigation reports prepared by others (refer to additional site information included in the RAP). Those reports document that waste disposal at the Site began in the 1950s and continued into the early 1970s. Local records and information provided by City officials indicated that the wastes primarily consisted of household municipal refuse from the City, demolition debris, and industrial wastes derived from the local 3M facility. The dumpsite formerly was developed as an open cut gravel mine, and waste disposed in the pit(s) might be in contact with shallow groundwater. IC(( City of Hutchinson Proposal BL -06- 00116A October 9, 2006 Page 4 The south end of the dump adjoined a former channel of the South Fork of the Crow Wing River that was cut off from surface water flow of the main channel. However, subsequent flood events redirected the river to the north, resulting in undercutting of waste that had been deposited at the dump. The Hutchinson City Dump property currently is owned by the City. The property covers about 12 acres and includes: an office and vehicle maintenance facility occupied by municipal police and forestry departments, a storage building, two former single - family residential structures currently used as training facilities, a fire training tower, a Mirmesota National Guard Armory (MNGA) building, exterior material storage areas, driveways, parking and landscaped areas, some perimeter fencing, and additional areas occupied by the former dump. The Site is served by public and private utilities including electric, telephone, natural gas, and water supply and sewer services. It is bouaded by a former demolition debris dump of unknown size to the west, the South Fork of the Crow Wing River to the south with residential development farther south, the municipal waste water treatment plant to the east, and County Highway 22 to the north, with commercial and agricultural properties farther north. Previous environmental investigation s of the dump document that solid waste and mineral fill at • the Site overlay native soils ranging in texture from clay to sand. The volume of solid waste at the site was estimated to be about 400,000 cubic yards based on the area of waste observed during the Phase II ESA. The depth to groundwater ranges from about 5 feet to 14.5 feet below ground surface (bgs). Water levels measured in boreholes completed at the Site did not allow the hydraulic gradient of shallow groundwater to be accurately determined. However, those measurements indicated that groundwater generally flowed west, toward the river. Several organic and inorganic contaminants were detected in soil samples, sediment samples, water samples, and groundwater samples collected at the Site. Exposed waste materials were observed along the cut bank of the adjoining river channel near the southwest portion of the dump. Vapor monitoring conducted at soil borings detected methane concentrations as high as 46.7 percent by volume at the Site. However, methane was not detected in the lowest or basement levels of buildings' located at the Site. In an e -mail prepared by Edward Olson of the MPCA VIC Program and dated, December 15, 2005, to Marion Graham of the City of Hutchinson, the MPCA updated the list of response actions required to be taken at the dumpsite. In summary, the listed response actions include: Placing six (6) permanent methane monitoring points around the Minnesota National Guard Armory (MNGA) building, including four monitoring points along the back (south) side of the building, and one monitoring point each at the two sides (cast and west) of the building. • bO City of Hutchinson Proposal BL -06- 00116A • October 9, 2006 Page 5 Installing continuous service methane detectors/alarms inside the MNGA building and other buildings positioned across the Site. • Sampling the water supply(s) at the MNGA building, including any production well that can be located and sampled. Completing an on -Site riverbank stabilization project with engineering oversight. • Developing a Contingency Plan for MPCA approval that recognizes such controls, and related maintenance controls, as: a. Site Access Security, b. Permanent methane monitoring points and methane alarm system applications, and; c. Necessary prompt response to provide clay soil cover upon discovery of any exposed waste. Recording, at the City's expense, in the County Recorder or Registrar of Titles, whichever is appropriate in and for McCleod County, a "Declaration of Restrictions and Covenants" in the form as required by MPCA. This proposal was prepared in accordance with requirements provided in the above - referenced e-mail, • and in general accordance with MPCA VIC Draft Guidelines and Protocol For Monitoring For Landfill Gs At and Near Former Dumps, and MPCA VIC Guidance Document #18 — Response Section Plan/Response Action Implementation Plan. 3.0 Remedial Objectives and Proposed Scope of Rork The objective of the remedial actions described in this proposal is to address the potential for encountering landfill gasses at the Site. The scope of work is in accordance with the e-mail prepared by Edward Olson of the MPCA VIC Program and dated, December 15, 2005, to Marion Graham of the City of Hutcbinson, in which the MPCA updated the list of response actions required to be taken at the dumpsite. 3.1 General Response Actions The principle response actions consist of installing methane monitoring points and detection systems, providing documentation of riverbank stabilization activities previously conducted at the Site, developing a contingency plan for MPCA approval that recognizes Site controls and related maintenance of such controls, and recording of a Declaration of Restrictive Covenants pertaining to land use at the Site. LJ ��( 9 City of Hutchinson Proposal BL -06- 00116A October 9, 2006 Page 6 3.2 Placement of Permanent Methane Monitoring Points Braun Intertec will place six (6) methane monitoring points around the MNGA building. Four of the monitoring points will be installed along the back (south) wall of the building, one monitoring point will be installed along the west wall of the building, and one monitoring point will be installed along the east wall of the building. Each monitoring point will be constructed as close to the MNGA building as practicable and in accordance with MDH monitoring well requirements. In addition, the location of each monitoring point will be determined based on locations of existing buried utilities, pavements and landscaping materials currently located a the Site. It is anticipated that monitoring points installed along the east and west walls of the building will be located about 30 to 40 feet from the south end of the building. One monitoring point each will be located in the vicinity of the southwest and southeast corners of the building, and the two other monitoring points will be located west of the paved parking and driveway area that bounds the east portion of the south wall of the building. The monitoring point locations will be staked and Gopher State One Call will be contacted with a request that they notify the appropriate utility vendors to clear the underground utilities prior to the . drilling and monitoring point installation activities. The monitoring point locations may be adjusted as necessary to avoid utilities and to provide drill rig access. Each monitoring point boring will be performed using Standard Penetration Test techniques via a truck- mounted core and auger drill. Based on subsurface information provided in STS (June 2002), the depth of each soil boring and associated monitoring point is anticipated to extend to the depth of shallow groundwater, about 15 feet or less below the ground surface at the respective boring location. Upon completion of the respective soil boring, the groundwater level, if encountered, will be measured to the nearest 0.1 -foot below the ground surface. Soil samples will be obtained and logged during the drilling activities, and a Log of Boring sheet for each borehole will be prepared. Soils encountered in the borings will be observed for unusual staining, odors, or other signs of apparent contamination. Also, each sample will be screened for the presence of organic vapors with a photoionization detector (PE)) using both direct readings and a jar - headspace method of analysis as recommended by the MPCA. Also, each borehole will be monitored for methane, hydrogen sulfide, carbon dioxide, and oxygen concentrations using a 4 -gas meter. After the soil boring and soil sampling activities are conducted, a methane monitoring point will be constructed in each borehole. Each monitoring point, including 1 -inch outside diameter low carbon steel casing and 0.10 -slot stainless steel screen, and locked cover, will be constructed in accordance with MDH requirements. Each monitoring well screen will be set at an interval to be determined • C) r City of Hutchinson Proposal BL -06-00116A October 9, 2006 Page 7 based on results of groundwater measurement taken during drilling activities. After monitoring point construction, the top of each monitoring point casing will be surveyed to a site - specific datum. The depth to groundwater, if encountered at each monitoring point, will be measured in the casing to the nearest 0.01 foot after completion of the well construction activities. The schedule of methane monitoring activities associated with each methane monitoring point will be described in the Response Action Plan Implementation Report to be prepared upon completion of the response actions described herein. Unexpected but reasonably foreseeable contingencies that might occur during installation of the monitoring points include encountering unexpected subsurface conditions at the proposed monitoring point locations. In the event that unexpected subsurface conditions or another unanticipated circumstance is encountered, response action activities will stop in the immediate area. Work may continue in other areas as long as they are not impacted by the contingency. The Braun Intertec project manager will be notified and will mobilize appropriate staff to evaluate the contingency. The Braun Intertec project manager will notify the WCA staff and state Duty Officer within 24 hours. If it is a potential emergency situation, the Duty Officer and appropriate local emergency responders will be notified immediately. • A Braun Intertec representative will coordinate the response actions and be on site as necessary, while I on -Site response actions take place, including installation of methane monitoring points. If buried wastes that are materially different (such as drums or hazardous wastes), from those expected are encountered during the monitoring point installation activities, or if there is reason to believe that the concentration of a known contaminant is substantially higher than previously reported, work will cease in the immediate area and MPCA will be notified. A sampling plan and action plan for continuing the monitoring point installation will be agreed upon and the installation activities will resume. • 33 Installation of Continuous Service Methane Detectors Continuous service methane detector /alarms will be installed inside the MNGA building and other buildings located at the Site. One methane detector /alarm will be installed at each of the following locations: Main floor automotive service bay, located in the southeast portion of the MNGA building Main floor storage/class room, located in the southwest portion of the MNGA building Main office of the City of Hutchinson municipal Parks Department building -- I D (4) City of Hutchinson Proposal BL- 06- 00116A • October 9, 2006 Page 8 Main floor near the south-side entry door of the former residential building (current fire/police training building), located south of the MNGA facility • New the doorway, located at the northeast comer of the Parks Department's cold storage building Main floor near then located north -side entry door of the former residential building (current fire /police training building), located south of the Parks department's cold storage building Main floor near the south entrance door of the fire training tower i Supply of the methane detector /alarm systems will be provided by Engineered Sales Co,apaa3 r. Bloomington, Minnesota, or other qualified supplier /installer. Each methane detector will be located where it will be visible upon entry to either the respective building or interior room, depending on the structure where it is located, and equipped with a visible or audible alarm system. Each detector will be capable of lower explosive lint (LEL) methane detection utilizing catalytic bead sensor, infrared sensor, or other proven technology. Each detector will be capable of monitoring • against the threat of combustible and toxic gases including methane, as well as oxygen deficiency and other potential parameters. 0 4 For the purpose of this proposal, we assume that the cost and installation of the methane detector/ alarm systems, including the cost of providing electrical service to each monitoring site, will be direct 4' billed by the supplier /electrical contractor to the City of Hutchinson. On behalf of the City, Braun k Intertec will provide coordination of the equipment ordering and installation services with the respective supplier /contractor. For your reference, two quotations are provided herewith for the cost of seven (7) of the referenced methane detector /alarm systems; the quotes were provided to Braun Intertec by Engineered Sales Company (ESC). The estimated cost for those systems ranges from about $13,700 to $16,800, excluding cost of installing electrical services and the detector /alamr systems. We would be pleased to coordinate materials supplied by ESC, and services provided by an electrical contractor of the City's choosing during ordering and installation of the detector /alarm systems. The schedule of methane detector /alarm maintenance activities associated with each detector /alarm will be described in the Response Action Plan Implementation Report to be prepared upon completion of the response actions described herein. �(�2 City of Hutchinson Proposal BL- 06 -OQ116A October 9, 2006 Page 9 3.4 MNGA Water Supply Sampling Inquiry with representatives of the on -site MNGA facility and the city of Hutchinson indicates that the water supply to the MNGA building is provided by the municipal water supply, and that no water production well is located at that facility. Also, the municipal Parks Department facility located at the Site is served by the municipal water supply system. Therefore, no on -Site facilities currently are served by a water production well. One water well is located north of the Parks Department building. No on -Site facilities are connected to that well. The City of Hutchinson will coordinate decommissioning of that water well in accordance with MDH requirements. The well will be se. aled by a licensed water well contractor in accordance with the MDH Water Well Code, Chapter 4725. The casing and any other appurtenances will be removed to a depth that will not interfere with current use of the Site. Based on information provided by MNGA personnel and the city of Hutchinson, no sampling of the water supply at the MNGA building is proposed herein. . 3.5 Completion of River Bank Stabilization Riverbank stabilization activities were completed in June 2004. The purpose of the bank stabilization activities was to address erosion of the riverbank along the south side of the dumpsite as documented in STS (April 2002) and STS (June 2002). Those activities were conducted with environmental engineering oversight by Barr Engineering Co. (Barr). The City of Hutchinson will provide MPCA documentation of the scope and results of those riverbank stabilization activities. No further riverbank stabilization activities are proposed. It is our understanding that the riverbank adjoining the dumpsite will be maintained as necessary to prevent further exposure of waste along the South Fork of the Crow River adjoining the Site. 3.6 Contingency Plan Development Braun Intertec will prepare a Contingency Plan will be developed during preparation of the RAP Implementation Report and submitted to MPCA for approval. The Contingency Plan will recognize site controls, and related maintenance of such controls, including Site access security, permanent methane monitoring points and methane alann system applications, and necessary prompt response to provide clay soil cover upon discovery of any exposed waste. 0 o(J� City of Hutchinson Proposal BL- 06- 00116A • October 9, 2006 Page 10 The Contingency Plan specifically will address: a) Responsibilities - identification of the property owner, environmental consultant, subconsultams and/or contractors, MPCA and other applicable regulatory office and personnel, and local and state emergency contacts. b) Project Background — descriptions of the site location, site use, previous environmental investigations and remedial actions, the proposed response action plan, and a contingency plan to be implemented if Site conditions and RAP activities differ from those encountered or proposed herein. C) Site Access Security - descriptions of Site access to the dumpsite from the perimeter of the property, engineered controls such as perimeter fencing and security monitoring. d) Permanent Methane Monitoring Points and Methane Alarm System Applications — descriptions of methane monitoring points and detectiontalarm systems installed, monitored and maintained at the Site, including a schedule for those monitoring and maintenance of • those systems. I e) Covering Exposed Waste — descriptions of site monitoring and prompt response if exposed I waste is discovered at the Site, including providing clay soil as cover material over the exposed waste, best management practices for erosion control, and surface restoration activities to be conducted to stabilize the affected ground surface. I f) Site Health and Safety Plan —reference to preparation of a Site Health and Safety Plan to be F prepared as necessary for activities associated ,vitb site controls described in the Contingency, Plan. g) Reporting — reference to reporting requirements regarding activities conducted associated with site controls described in the Contingency Plan. h) Schedule— description of the schedule for conducting the activities associated with site controls described in the Contingency Plan. 0 (o(9 City of Hutchinson Proposal BL- 06 -00116A . October 9, 2006 Page 11 3.7 Recording of Restrictive Covenant Braun Imertec will assist the City of Hutchinson during preparation and recording of a "Declaration of restrictions and Covenants" (Restrictive Covenant) in the office of the County Recorder or Registrar of Titles, whichever is appropriate. The document will prohibit any development of the site that would expose or disturb the contaminated subsurface or the placement of any wells without receiving prior written approval from the MPCA or its successors. It will contain information described in Minn. Stat. § 115B.16, sub(. 2, including a description of the identity, quantity, location, condition, and circumstances of contamination currently located on the property, to the full extent known or reasonably ascertainable. It will provide information disclosing that the Site is contaminated with mixed municipal wastes at depths of about 6 to 12 feet at locations shmvn on a Site map. The map also will identify locations of protective controls applied across the Site. The Restrictive Covenant will be recorded in a manner that will assure its disclosure in the ordinary course of a title search of the property. A copy of the proposed Restrictive Covenant language will be submitted to the MPCA staff for review and approval. It is our understanding that the City of Hutchinson will file the Restrictive • Covenant within 30 days after receipt of MPCA approval, and submit a copy of the Restrictive Covenant as recorded to the MPCA within 30 days after the restrictive Covenant is officially recorded. 4.0 Response Action Implementation Schedule Braun Intertec will proceed with implementation of the response actions described herein upon receipt of the City of Hutchinson's written authorization to conduct those services. It is our understanding that the City's approval to proceed with this work may be pending the MPCA's approval of the Response Action Plan. It is anticipated that implementation of the response actions will start during the fourth quarter of 2006. 5.0 Health and Safety Plan Braun Intertec will prepare a Health and Safety Plan (HASP) and provide the HASP to WCA for review and comment prior to implementation of the RAP. The HASP will include a contingency plan describing actions to be taken regarding health and safety in the event unexpected hazardous materials, wastes, or containers are encountered during excavation. The names of contractors and • contacts (if not yet selected) and their respective responsibilities will be included. �ie \' 1J LJ • City of Hutchinson Proposal BL -06 -00116A October 9, 2006 Page 12 7.0 Deliverables All deliverables will be submitted to the City of Hutchinson in both electronic and hard copy formats. The draft and final RAP implementation report will include a written summary of the project services, with illustrations, for inclusion in the final report. The report will be prepared in accordance with applicable MPCA guidance documents for RAP implementation reporting and the scope of work described in the RAP, and anticipated to be approved by the MPCA. 8.0 Estimates) Project Cost - We will provide the services described herein on an hourly and unit cost basis in accordance with our 2006 Schedule of Charges. Based on our understanding of current site conditions, the estimated cost to conduct the services described above is $16,300. The actual cost for those services may be more or less than the estimated cost. However, the cost estimate will not be exceeded by more than 10 percent without additional authorization from you. A summary of estimated costs for this project is provided on the following page. Summary of Estimated Costs Item Placement of permanent methane monitoring points Coordinate installation of continuous service methane detectors (excludes cost of detector /alarm systems and installation of electrical services and connection of systems) Contingency Plan Development Recording Restrictive Covenant Report preparation, project management and communications Total Estimated Cost s f Eytfntated Cost $ 9,500 900 1,400 500 4,000 $16,300 City of Hutchinson Proposal BL- 06- 00,116A • October 9, 2006 Page 13 9.0 General The terms and conditions under which services described herein will be provided are detailed in the attached General Conditions that is part of our contract to provide those services to the City of Hutchinson. We appreciate the opportunity to present this proposed contract to you. This proposal is being presented via electronic mail (email), so that if it is acceptable to you, one copy can be retained for your records, and one copy can be signed and returned to us as written authorization to proceed. — Please contact Paul Burley at 952.9952422 or Michael Bratn -0 at 952.995 1.430 if You hazcan;� -- questions regarding the content of this proposal Sincerely, BRAUN INfERTEC CORPORATION rPaul D. Burley, PE, PG Senior Engineer Syr Michael L. Bratrud, PG Principal Scientist Attachment, . General Conditions (3/1/03) • Proposal - Hutchim Dump b( -9 City of Hutchinson Proposal BL- 06- 00116A . October 9, 2006 Page 14 Signature Page Re: Proposal for Monitoring of Landfill Gas at Former Hutchinson Dump Hutchinson City Dumpsite County Highway 22 (Adams Street) Minnesota MPCA Project Number: VP15900 Braun Intertec appreciates the opportunity to present this proposal to you. It is being presented in duplicate so if it is acceptable, one copy can be retained for your records and one copy can be signed and returned to us by fax or U.S. Mail in its entirety, including the General Conditions, as written authorization to proceed. We will begin the project upon receipt of your written authorization. The estimated cost of S16,300 presented in this proposal is based on the scope of services described and the assumption that the proposal will be authorized within 30 days and that the project will be completed within the proposed schedule. If the project is not authorized within 30 days, we may need to modify the proposal. If the project cannot be completed within the proposed schedule due to circumstances beyond our control, revising the proposal may be required for completion of the remaining tasks. Payment for services is due upon receipt of invoice, with interest added to unpaid balances after 30 days, in accordance with the attached General Conditions, which are a part of this proposed contract. Authorization to Proceed: I J Please proceed according to the described scope of services and General Conditions: Authorizer's Firm Authorizer's Name (please print or type) Authorizer's Signature Authorizer's 0 Proposal - Hutchinson Dump 6 ( -e) General Conditions IMIMEMMENSIMEM • Our agreement ( "Agreement') with you consists of these General Conditions and the accompanying written proposal or authorization. Section 1: Our Responsibilities 1.1 We will provide the services specifically described in our Agreement with ,you. You agree flat we are not responsible for services that are not fairly included in our specific =dertaking. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 1.2 In performing our professional services, we will use that degree of cam and shill - ordidarily exercised under similar _ hcuaastandes by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. 13 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points =less we accept that duty in writing. Locations of field observations or sampling described in our report or shovinn on our sketches arc based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report Yen accept the inherent risk that samples or observations may not be representative of things not sampled or seen and, further, that site conditions may change over time. 1.4 Our duties do not include supervising your contractors or commenting on, overseeing, or providing the means and methods of their work, unless we accept such duties in writing. We will not be responsible for the failure of your contractors to per form in accordance with their undertakings, and the providing of our services will not relieve othms of their responsibilities to you or to others. I5 We will provide a health and snfety program for our empioyees, but we will not be responsible for contractor, job, or site health or safety unless we accept that duty in .writing. 1.6 You will provide, at no cost to us, appropriate site safety measures as to work areas • to be observed or inspected by us. Our employees are authorized by you to refuse to work =der conditions that may be unsafe. 1.7 Estimates of our fees or other project costs will be based on inforroation available to us and on our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. section 2: Your Responsibilities 2.1 You will provide us with prior geotechnieal and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed out work.. 22 You will provide access to the site. In the course of our work some site damage is normal even when due care is exercised. We will we reasonable pre to minimize damage to the site. We have not included the cost of restoration of normal damage in the estimated charges. 23 You agree to provide us, in a timely manner, with infornmon that you have regarding buried objects at the site. We will not be responsible for beating buried objects at the site unless we accept that duty in writing. You agree to hold us harmless from claims, damages, losses, and related expenses involving buried objects of which you had knowledge but did not timely call to our attention or correctly show on the plena you or others on your behalf fumished to us. 2.4 You will notify us of any kmowledge or suspicion of the presence of hazardous or dangerous materials in a sample provided to us. You agree to provide us with information in your possession or control relating to contamination at the work site. If we observe or suspect the presence of contaminants no( anticipated in our Agreement, we may terminate our work without liability to you or to nthers, and we will be paid for the services we have provided. 2.3 Neither this Agreement nor the providing of services will operate to make us an owner, operator, generator, transporter, treater, stonr, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous materials. You agree to hold mu harmless and indemnify us from any such claim or loss. BRAUN 1NTERTEC 2.6 Monitoring wells an your property, and you am responsible for their permitting, maintenance, and abandonment unless we accept that duty in writing. 2.7 You agree to make disclosures required by law. In the event you do not own the site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless and indemnify us from claims related to disclosures made by us that s , required by law and from claims related to the informing or fail= to inform the site owner of the discovery of commar ants. Section 3: Reports and Records 3.1 We will furnish reports to you in duplicate. We will retain analytical data for seven years and financial data for Huge years. 32 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property but me subject to a License to you for your use in the related project for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval, which will not be unreasonably withheld You agree to indemnify and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. At your request, we will provide endorsernents of out report or letters of reliance, hot only if the recipients agree to be bound by the terms of our agreement with you and only if we an paid the administrative fee stated in our then current Schedule of Charges. 33 Because electronic docnrmems may be modified intentionally or inadvertently, you agree that we will not be liable for damages resulting from change in an electronic document occurring after we transmit it to you. In case of any difference or ambiguity between an electronic and a paper document, the paper document shall govern. 3.4 if you do not pay for our services in full as agreed, we may retain work not yet delivered to you and you agree to ntmn to us all of our work that is in your possession or "der your control. You agree not to use or rely upon our work for any purpose whatsoever until it is paid for in full. Pagel of 2 Providing engineering and environmental solurions since 1957 oC9 35 Samples remaining after tests an isconducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They will be discarded or returned to yoµ at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. Section 4: Compensation 4.1 You wed pay for services as agreed upon or according to our then current Schedule of Charges if there is no other written agreement as to price. An estimated cost is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any spedW retainer. 41 You will notify us of billing disputes .vi•hin 15 days. You will pay =— sputed - portions of invoices on teocipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.50/a pes month, or at the maximum rate allowed by law. 43 If you direct us to invoke another, we will do so, but you agree to be responsible for our compensation unless you provide us with that person's written acceptance of all terns of our •Agreement and we agree to extend credit to that person and to release you 4.4 You agree to compensate us in accordance with our fee schedule if we an asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 4.5 If we arc delayed by factors beyond our control, or if project conditions or the scope or amount of work change, or if changed labor union conditions result in increased costs, decreased effidency, or delays, or if the standards or methods change, we will give you timely notice and we will receive an equitable adjustment of our compensation. If you and we do not reach agreement on such compensation within 30 days of our written application, we may ternbtate without liability to you or others. 4.6 If you fail to pay us within 60 days following invoice date, we may consider the default a total breach of our Agreement and, at our option, terminate our duties without liability to you or to others. 4.7 In consideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to fees • othnwise due us. Section 5: Disputes, Damage, and Sectioark General lndenmdmtion Risk Allocation 5.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be ltrnited to, a meeting(s) attended by each party's representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 51 Neither of us will be liable for special, incidental, consequential, or punitive damages, including but not limited to those arising from May, loss of use, loss of profits or revenue, loss of financing commitments or fees, or the cost of capital. 5.3 We will not be liable for damages . unless suit is commenced within two years of the date of injury or loss or within nvo years of the date of the completion of our services, whichever is earlier. We will not be liable unless you have notified us of the discovery of the claimed breach of contract, negligent flat, or omission within 30 days of the date of discovery and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. 5.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability will not exceed the fee paid for our services or $50,000, whichever is greater, and you agree to indemnify us from all liability to others in excess of that amount If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of our Agreement, you provide payment in an amount that will increase our fecs by f0° /y but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 55 If you do not pay us within 60 days of invoice date, or if you make a claim against us that is resolved in our favor, you agree to reimburse our expenses, including but not limited to attorney fees, staff time, expert witness fees, and other costs of collection or litigation. 5.6 The law of the state in which our servicing olfrce is located will gowns all disputes. Each of us waives trial byjury. No employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not make a claim against individual employees. 6.1 We will indemnify and hold you harmless from and against demands, damages, and expenses to the comparative extent they arc caused by our negligent acs or omissions or those negligent acts or omissions of persons for whom we am legally responsible You will indemnify and bold us harmless from and aganst demands, damages, and expenses to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you an legally responsible. 61 To the extent it may be necessary to indemnify either of us under Section 6. 1, you and we expressiv waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 6.3 You aged;,. indennify us aguins, losses and touts arising out of claims of patent or copyright infringerrxnt as to any prt>MRS or system that is stimif ed or selected by you or by others on your behalf. Section 7: Miscellaneons Prorlsiom 7.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to tosses caused by our sole negligence. 71 This Agreement is our entire 1 agreenent. It supersedes prior agreements. It may be modified only in awriting, specific reference to the provision m-h 73 Neither of us will assign or transfer anv interest, any claim, any muse of action, or any right against the other. Neither of its will assign or otherwise transfer or enarmliel any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collaterdl or otherwise. 7.4 Our Agreement may be terminated early only in writing. We will receive an equitable adjustment of our compensation in the event of early termination. - Revised 6-15 -06 Page 2 of 2 GC e) �� f C, J rd TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer Randy DeVries, Water/Wastewater Director RE: Consideration of Award of Contract for Reverse Osmosis Membrane Elements (Letting No. 15/Project No. 06 -17) DATE: November 14, 2006 Four bids for the above referenced Letting were received by the City and opened on Tuesday, November 7th • (see attached Bid Tabulation). Goldeneye Solutions Inc. of Little Falls, MN, submitted the apparent low complete bid in the amount of $338,000.00.00. The estimated project cost was $360,000.00. Per discussion with the City Attorney, one bid (Siemens Water Technologies Corp.) was deemed to be incomplete due to not acknowledging Addendum No. 1 on the Bid Proposal Form. Due to this major irregularity, this bid should be rejected. i i City staff has discussed the reverse osmosis membrane element delivery timeframe with Goldeneye Solufijms, and we are confident that they can deliver this equipment within the Water Treatment Plant installation schedule. Attached is the Resolution Accepting Bid & Awarding Contract. We recommend approving the attached Resolution. cc: Gary Plotz — City Administrator • ,ocf) RESOLUTION NO. 13073 • RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 15 PROJECT NO. 06 -17 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the following improvement: This project consists of a new 8 -Unit Pre - manufactured Metal T- Hangar and associated work, all constructed on a site previously prepared for this hangar and Associated piping & electrical construction. Bids were received, opened and tabulated according to law, and the following bids were received: Bidder Total Bid Comments Siemens Water Technologies $327,555.90 Addendum not acknowledged & improper Bid Security Goldeneye Solutions Inc $338,000.00 HMI Water /Layne Christensen Co. $340,840.00 No Bid Security Itasca Systems Inc $375,894.26 and whereas, it appears that Goldeneye Solutions Inc of Little Falls MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Golden Eye Solutions Inc of Little Falls MN in the amount of $338,000.00 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. Said approval is contingent upon the City receiving State and Federal Funding. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 14th day of November 2006. City Administrator C] Mayor I e C -0 ll D CITY OF HUTCHINSON HUTCHINSON CITY CENTER, 111 HASSAN ST SE, HUTCHINSON MN 55350 (320 - 234.4209) PLAN HOLDERS LIST & BID TABULATION LETTING NO. 15 1PROJECT NO. 06 -17 REVERSE OSMOSIS MEMBRANE ELEMENTS BID OPENING DATE: Tuesday, November 7th, 2006 at 2:00 pm in the Council Chambers at Hutchinson City Center, 111 Hassan St $E, Hutchinson MN ENGINEER'S ESTIMATE: $360,000.00 COMPLETION DATE: 01110/2007 NAMEANDADDRESS PHONE TOTALSID COMMENTS 1 Goltleneye Solutions Inc 50213th A" NW Little Fells MN 56345 o-mtll: lsure _poldeneye @Pv nel PHONE 320. 832 -6262 w of W Y Q� w U U YES YES 1 5338,000.00 FAX: 320.8326833 CELL OTHER 2 HMI Water/Layne Christensen Company __ - W229 N5W5 Duplainville Road Pewaukee WI SW72 wew.hmhyaler.com aww.layneUMneneertcom HMI WatedLeyne Christensen Company Jerry Dykstra, Sales Manager 1940 Observatory Ave SE Grand Rapids MI 49546 smell: ldykebe�trnFeeter mm or idyketre ®leynerhdeleneen.com PHONE 262- 2484848 = Z YES YES 8340,840.00 No Bid Security Provided FAX 2622468442 CELL: OTHER: PHONE 616 - 940 -9030 FAX 616- 940 -9080 CELL: 815-2176220 OTHER OTHER r Systems dn: D ale hrersan, 88.10 Shingle Creels Parkway Brooklyn Center MN 56430 email: PHONE N w _ Y U YES YES 2 $375,894.27 FAX CELL OTHER Quality Flow Systems, Attn: Pat Malay 800 ft St NW New Prague MN 58071 emeit palagfsknet PHONE 952- 758 -9M5 I I FAX 952- 758.9881 CELL OTHER: s Reed Consbuction Data 30 Technology Pkwy S, Ste 500 Noraosa GA 30092 e-mail: Sdeperelts@reedbuslness.com PHONE 630- 288 -7983 FAX 800 - 3038629 CELL: OTHER: e Siemens Water Technologies Corp 4869 Shepherd Trall Rockford IL 61103 Attn: IOm Fields e -rmll: IJm.reltle�elemens.rom PHONE 815 - 921 -8138 w U rcHw a m U NO YES 8327,555.90 No Acknowledgement of Addendum No. 18 Improper Bid Security FAX 815- 9216278 CELL: 815 -378 -0898 OTHER T L Stevens Well Company 8250 Hwy 2 W Maple Pleine MN 65369 smell: tlewellca�(ranibmetml PHONE 783479 -2272 FAX 763479 -2198 CELL OTHER: e e-rtwF. PHONE FAX CELL OTHER 0 PHONE FAX CELL OTHER 10 emall: PHONE FAX CELL OTHER ll D Smoke -Free Workplace Ordinance (Draft, November 7, 2006) The City of Hutchinson, Minnesota ordains: SECTION 1. FINDINGS OF FACT AND PURPOSE. The City Council finds that: Tobacco smoke is a leading cause of disease in nonsmokers and a major source of indoor air pollution. Secondhand smoke causes premature death and disease in children and in adults. Secondhand smoke causes heart disease, lung cancer, respiratory infections, decreased respiratory function, and other health problems. In a 2006 Report of the United States Surgeon General, U.S. Surgeon General Carmona concluded that "exposure to secondhand smoke remains an alarming public health hazard" and that "more than 126 million nonsmokers are still exposed." Numerous, nationally recognized medical and scientific authorities, including the American Medical Association, the U. S. Surgeon General, the National Institute on Occupational • Safety and Health, the National Cancer Institute, the Environmental Protection Agency, the National Academy of Sciences, the National Toxicology Program, and the World Health Organization, have issued reports and health advisories addressing the adverse effects of exposure to secondhand smoke. It is estimated that between 24,300 and 71,900 low birth - weight or pre -term deliveries, about 202,300 episodes of childhood asthma (new cases and exacerbations), between 150,000 and 300,000 cases of lower respiratory illness in children, and about 789,700 cases of middle ear infections in children occur in the United States each year as a result of exposure to secondhand smoke. It is estimated that in the U.S., secondhand smoke causes about 46,000 (a range of 22,700 to 69,600) deaths per year from cardiac - related illnesses (including 700 to 1,240 deaths among Minnesotans), and 3,400 deaths per year from lung cancer. There is no known safe level of exposure to secondhand smoke; neither the separation of smokers and nonsmokers nor the introduction of new ventilation systems can eliminate the health hazards caused by secondhand smoke. The scientific evidence indicates that there is no risk -free level of exposure to secondhand smoke. Eliminating smoking in indoor spaces protects nonsmokers from exposure to secondhand smoke. Separating smokers from nonsmokers, cleaning the air, or ventilating buildings cannot eliminate exposure of nonsmokers to secondhand smoke. The only means of effectively eliminating health risks associated with indoor exposure is to prohibit smoking. • Objective evidence does not support fears that restricting smoking in enclosed, indoor areas will harm a community's economy. On the contrary, many independent economic studies have shown that the elimination of smoking has no material economic impact on a i bC h) community. These studies have drawn from the experience of hundreds of communities that have successfully eliminated smoking in workplaces and public places. Numerous U.S. • cities, counties, and states, and many nations, have adopted laws ending all smoking in bars, restaurants, and other public places. • • Business owners have no legal or constitutional right to expose their employees and customers to airborne toxins, such as those found in secondhand smoke. On the contrary, employers have a common law duty to provide workers with a workplace that is not unreasonably dangerous. Restricting smoking in public places and places of work can help to model smoke -free behavior and to reduce youth exposure to secondhand smoke. Public health policies, ordinances, and other laws are part of the system by which people learn behaviors, guide youth, reduce health threats, and reinforce community norms that support the public's health. Accordingly, the City Council finds and declares that the purpose of this Ordinance is to: (1) Protect vulnerable populations, including employees, children, the elderly, and those with chronic health conditions; and (2) Affirm that the right to breathe has priority over the desire to smoke; and (3) Protect the public health, welfare and safety by better ensuring the ability of citizens to breathe safe and uncontaminated air; SECTION 2. DEFINITIONS. As used in this chapter: (1) "Food Establishment' means any establishment, however designated, engaged in the preparation or serving of food or beverages for consumption either on or off the premises, or anywhere consumption of food occurs on the premises. This term includes any establishment, however designated, that has an on -sale non - intoxicating malt liquor license, an on -sale intoxicating liquor license, an on -sale wine license, and /or a strong beer liquor license issued by the State of Minnesota, the municipality within which it is located, or McLeod County. (2) "Other Person in Charge" means the agent of the Proprietor authorized to provide administrative direction to, and general supervision of, the activities within a public place or place of work at any given time. (3) "Place of Work" means any enclosed, indoor location at which two or more individuals perform any type of a service for consideration of payment under any type of employment relationship including, but not limited to, an employment relationship with or for a private corporation, partnership, individual, or government agency. This term includes any location where two or more individuals gratuitously perform services for which individuals are ordinarily paid. Examples of a place of work include, but are not limited to, enclosed, indoor 2 �,ch� areas of an office, a factory, a hotel or motel, a vehicle, a warehouse, and other locations where services are performed under an employment relationship. Enclosed, indoor areas of • a private clubs and rooms used for private meetings or social functions are "places of work" if two or more persons acting under an employment relationship provide cleaning, catering, food or beverage service, maintenance, or other support services in such locations. (4) "Proprietor" means the party who ultimately controls, governs, or directs the activities within the public place or place of work, regardless of whether the party is owner or lessee of the public place or place of work. The term "proprietor" may apply to a corporation as well as an individual. (5) "Public Place" means any enclosed, indoor area used by the general public or serving as a place of work including, but not limited to, arenas, auditoriums, bars, bowling alleys, bingo halls, commercial establishments, educational facilities other than public schools, as defined in Minnesota Statutes §120A.05, subdivisions 9, 11, and 13, hospitals, offices and other commercial establishments, pool halls, public conveyances, restaurants, retail stores, and common areas of rental apartment buildings. "Public Place" also means the outdoor - dining or bar area of food establishments. (6) "Smoking" means the inhaling, exhaling, or combustion of any tobacco product, weed, plant, or any other similar article, including any cigar, cigarette, pipe, or any other similar article. Smoking includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted, smoking equipment. The term "smoking" does not include the use of tobacco by an enrolled member of a federally- recognized Indian tribe as part of a traditional Indian spiritual or cultural ceremony. • SECTION 3. PROHIBITIONS. Subd. 1. Except as provided in Subdivision 2, smoking is prohibited in the following locations: A. Public places and places of work, including outdoor dining or bar areas of food establishments; B. Within fifteen (15) feet of entrances, exits, open windows, and ventilation intakes of public places and places of work; and C. Within fifteen (15) feet of any outdoor dining or bar areas of food establishments. Subd. 2. The prohibitions of this Section do not apply to the following places or situations: A. Private residences; B. Motor vehicles in private use; C. Motor vehicles that serve as a place of work for no more than one employee; D. Outdoor areas, except as provided in subdivision 1; and E. The use of tobacco by an enrolled member of a federally- recognized Indian tribe as part of a traditional Indian spiritual or cultural ceremony. i SECTION 4. RESPONSIBILITIES OF PROPRIETORS AND OTHER PERSONS IN CHARGE. The proprietor or other person in charge of a public place or place of work where smoking is prohibited shall: Post "No Smoking' signs that comply with the Minnesota Clean Indoor Air Act Rules, Minnesota Rules Part 4620.0500, as amended from time to time; 2. Ensure that ashtrays, lighters, matchbooks, or other smoking paraphernalia are not provided in areas where smoking is prohibited; 3. Place any receptacles for the deposit of extinguished cigarettes, cigars, pipe tobacco, and other smoking materials more than fifteen (15) feet from entrances, exits, open windows, and ventilation intakes of public places and - - - places of work; and 4. Ask any person who smokes in any area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, ask the person to leave. If the offending party refuses to leave, the proprietor or other person in charge shall handle the situation consistent with lawful methods for handling other persons acting in a disorderly manner or as a trespasser. Appropriate action shall include calling the Hutchinson Police Department for assistance. SECTION 5. PRIVATE PROHIBITIONS. i Nothing in this Ordinance prevents the proprietor or other person in charge of any placeb including, without limitation, any residence, motor vehicle, or outdoor space, from prohibiting smoking in any such place. i SECTION 6. RETALIATION PROHIBITED. No person or employer shall discharge, refuse to hire, penalize, discriminate against, or in any manner retaliate against any employee, applicant for employment, or customer because the employee, applicant, or customer exercises any right to a smoke -free environment afforded by this Ordinance or other law. SECTION 7. EMPLOYEES' RIGHTS PRESERVED. An employee who consents to work in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. • SECTION 8. OTHER LAWS. 4 («k This Ordinance is intended to complement the Minnesota Clean Indoor Air Act, Minnesota Statutes, Sections 144.411 to 144.417, as amended from time to time. Nothing in this • Ordinance authorizes smoking in any location where smoking is prohibited or restricted by other laws. SECTION 9. VIOLATIONS AND PENALTIES. Subd. 1. Smoking Where Prohibited. It is a violation of this Ordinance for any person to smoke in an area where smoking is prohibited by this Ordinance. Subd. 2. Proprietor or Other Person in Charge. It is a violation of this Ordinance for the proprietor or other person in charge of any premises subject to this Ordinance to fail to comply with the requirements of Section 4 of this Ordinance or to retaliate against an employee, applicant for employment or customer, as prohibited by Section 6 of this Ordinance. Subd. 3. Penalties. A. Violation of any provision of this Ordinance shall be a petty misdemeanor for the first offense. Any additional violation of any provision this Ordinance shall be a misdemeanor. Each day of violation constitutes a separate offense. B. Violation of any provision of this chapter by a licensee shall be adequate grounds for the denial, refusal to renew, suspension, or revocation of any food, liquor, or other business license. Subd. 4. Enforcement The provisions of this chapter shall be enforced by the Hutchinson Police Department or other enforcement agency designated by the City. Subd. 5. Injunctive Relief. In addition to the penalties provided in subdivision 3 of this Section, the City Attorney may bring a civil action against the proprietor or other person in charge of a public place or place of work to enjoin repeated or continuing violations of this Ordinance. SECTION 10. SEVERABILITY. If any portion of this Ordinance, or its application to any circumstances, is held invalid, the remaining provisions shall be considered severable and shall be given effect to the maximum extent possible. SECTION 11. EFFECTIVE DATE. The provisions of this Ordinance shall become effective June 1, 2007. Dated: 2006 ATTEST: 5 )6(k C) PUBLIC WORKS 01 OUP °f P Engineering, Streets & Alleys, Water/Wastewater TO: Gary Plotz — City Administrator Marc Sebora, City Attorney FROM: John Rodeberg, Public Works Director Kent Exner, City Engineer RE: Daggett Land Purchase /Swap McLeod Household/Hazardous Waste Facility and former RR Property DATE: November 7, 2006 Attached for your information are background materials related to the above proposed transaction. We have been talking about this for a couple of years. County staff and County Commissioners are moving ahead with their portion of this transaction, and we need to move ahead with ours. • I understand that a closed- meeting may be needed to proceed with this item. Attached are the following: 1. Spreadsheet noting the property size and value information, as well as a background of issues. 2. Copy of e -mail after previous meeting with the County. 3. Copy of letter from April 27th, 2005 to the County outlining discussions 4. Copy of appraisal from Hacker's Appraisal Services dated May 20, 2005. 5. Copy of land description prepared by Jeff Rausch of Pellinen Land Surveying for 30' strip proposed for transfer to Tom Daggett. 6. Copy of drawing of description area Please let me know if you need any additional information. We understand that you will decide the appropriate method for moving ahead with this item. Thanks! FYI: Please note that the Daggett property by the HHW Building has a Hutchinson Utilities electrical transmission line on it, and verification of appropriate easements may be necessary. cc: Rebecea Bowers— Planning Director Dolf Moon — PRCE Director . WesSeppelt — EDADirector 10 C I=-) • 0 C Daggett Land Swap Discussion Issues /Background 1. Tom Daggett would like the transaction to be a "land swap" of property he owns east of the McLeod HHHW Building with a 30' strip of land the City owns (as part of RR property purchase) that he is utilizing in his operations at Hutchinson Manufacturing. 2. The County would purchase the land adjacent to the HHHW Facility at an agreed upon price with the City. The City would transfer the 30' strip to Mr. Daggett, and the proceeds of the HHHW purchase would go to the City to pay down the McLeod Rail Authority debt, per the City's agreement with the Authority. 3. Jeff Rausch of Pellinen Land Surveying has completed a description of the RR property transfer. 4. The 30' strip includes land that has been utilized for Hutchinson Manufacturing operations for years (if not decades). Previous agreements with Mr. Daggett include the requirement that landscaping be installed in this area. This transaction would still provide the City with a 70' wide strip for road, trail, park and parking improvements along "Kouba Parkway" and adjacent to the Gopher Campfire Sanctuary. G; /Properly kquisilionlDaggelt Land Swap 11 -01 -06 Ickv -) y,� Film Acrea a 0.63 0.55 Per Acre Estimated Value Low $ 21,670.00 $ 28,100.00 High $ 28,174.60 $ 31,381.00 Appraisal /Cost: Low $ 13,650.00 Appraisal/Cost: High $ 17,750.00 Purchase Price: Low $ 15,455.00 Purchase Price: High $ 17,259.55 Proposed Price $16,650.00 Price verbally discussed on October 18, 2006 with Ed Homan, Gary Plotz and John Rodeberg. Confirmed in e-mail to Ed Homan. Issues /Background 1. Tom Daggett would like the transaction to be a "land swap" of property he owns east of the McLeod HHHW Building with a 30' strip of land the City owns (as part of RR property purchase) that he is utilizing in his operations at Hutchinson Manufacturing. 2. The County would purchase the land adjacent to the HHHW Facility at an agreed upon price with the City. The City would transfer the 30' strip to Mr. Daggett, and the proceeds of the HHHW purchase would go to the City to pay down the McLeod Rail Authority debt, per the City's agreement with the Authority. 3. Jeff Rausch of Pellinen Land Surveying has completed a description of the RR property transfer. 4. The 30' strip includes land that has been utilized for Hutchinson Manufacturing operations for years (if not decades). Previous agreements with Mr. Daggett include the requirement that landscaping be installed in this area. This transaction would still provide the City with a 70' wide strip for road, trail, park and parking improvements along "Kouba Parkway" and adjacent to the Gopher Campfire Sanctuary. G; /Properly kquisilionlDaggelt Land Swap 11 -01 -06 Ickv -) . From: John Rodeberg Sent: Wednesday, October 18, 2006 2:13 PM To: 'Ed Homan' Cc: Gary Plotz Subject: Daggett Land Swap Ed and Gary, Per our discussions today, it is my understanding that the City would like to make a counteroffer for the County purchase of the Daggett property near the EEI W Facility of $16,650. Notes: • The appraisal completed by Hacker Appraisals in May of 2005 was for a range of $13,650 to $17,500. Tim Hacker recommended a mid -value of $15,700. • The City paid between 528,100 and $31,3$1 per acre for the railroad property in this area. The property is on the same rail line, and is virtually identical in shape, width, adjoining land use, etc. The Hacker appraisal comes out to $21,670 to $28,174 per acre. Therefore, the City believes that a value near the upper side of the Hacker Appraisal is appropriate. • It's been a year and a half since the Hacker appraisal. Assuming 4% annual increase in property values, the value of the property has increased from the original $15,700 recommended value to the proposed $16,650 • This value is still well within the original appraisal completed in May of 2005, so another appraisal is not warranted or needed. Other notes: • It is the City's intention to "trade" this value of land with Tom Daggett for a similar size strip of land along the old railroad corridor adjacent to Hutchinson Manufacturing. Is • The City understands that any value obtained as part of this process would go toward the purchase of the railroad property as part of the agreement with the McLeod County Rail Authority Please let me know if this is NOT your understanding of our conversations. We all understand that formal approval of any transactions must come from both the McLeod County Commissioners and the Hutchinson City Council. John P. Rodeberg, PE, Public Works Director City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 i rodeberg(a?ci.lmtchinson. mn.us From: Ed Homan [ mailto :ed.homan @co.mcleod.mn.us] Sent: Thursday, October 12, 2006 4:31 PM To: Gary Plotz Cc: jasnies@hutebtel.net Subject: Dagger R/W Property Gary, I hope to schedule a meeting with your staff, to transfer the above property to my department before John leaves. I spoke to John yesterday, so I'm sure he will mention this to you. Please provide me with some dates and times that will work so I can get Sheldon and Grant together to meet in the city offices and put closure to this matter. Ed )6(Y-) • 0 • C ity °} 4 Hutchinson City Center s 7 111 Ra Sheet SE Hutchinson, MN 53330.2522 320- SS7- S151UF= 320.234 -4240 kpril 27, 2005 Ed Homan McLeod County Solid Waste Management Director 1065 5`" Avenue SE Hutchinson, MN 55350 Dear Ed: As we previously discussed over the phone, Tom Daggett has expressed an interest to both of us in selling McLeod County the land next to the HHW building, and purchasing a strip of land from the City of Hutchinson adjacent to his Hutchinson Manufacturing property. Our discussions with Tom have centered on trying to complete this proposal as a "swap" of the land from Tom's point of view. Please note the following: The parcel adjacent to your property (PID: City 05- 116- 29 -06- 0050 /County 23- 2590100) is listed as owned by Doris Daggett, and is noted in our records as 0.626 acres. It was previously utilized by a rail line, which is no longer active (having been officially abandoned), and has been partially removed. A Hutchinson Utilities overhead electrical transmission line also runs through the parcel. Currently, the parcel helps provide drainage services for the HHW building, and would allow for expansion and better use of the site of the site, and improved vehicle movements. The parcel owned by the City that is adjacent to Hutchinson Manufacturing is a 30' strip of the former railroad property, calculated at approximately 0.547 acres. The City has met with Mr. Daggett and reviewed the land purchase area. We have discussed that the County would complete an appraisal, and negotiate the final purchase price with the City. We understand that Hacker Appraisals has been engaged to complete this work. The City, County and Mr. Daggett would agree to complete the transfer of land based on the City receiving the agreed upon price from the County for the land adjacent to the HHW Facility, and the City transferring the land adjacent to Hutchinson Manufacturing to Mr. Daggett. The City also needs to reimburse the McLeod County Rail Authority for the land adjacent to Hutchinson Manufacturing as part of the purchase agreement. We understand that, although this originally sounded simple, there are a number of complications and issues to overcome. Please let me know how you would like to proceed. Thanks. Will Rodeber E. D ector of Public Wo cc: Gary P]otz — Ci Administrator Tom Daggett — utchinson Manufacturing P�m.recyckd p&M- Marc Sebora — City Attorney Kent Exner — City Engineer 66e) DESCRIPTION FOR TIRE CrFFY OF HUTCHINSOti • (Part of Fortner Railroad Property in part ofthe Southeast dual -ter of all- Scutiieast Quarter of Section 36, Township 117 North, Range 30 West.) A 30.00 foot wide strip of land lying southerly of and adjoining the northerly line of that part of the Southeast Quarter of the Southeast Quarter of Section 36, Township 117 North, Range 30 West of the Fifth Principal Meridian, McLeod County, Minnesota, described as follows, to -wit: "Beginning at a point on the east line of said Southeast Quarter of the Southeast Quarter of Section 36, Township 117 North, Range 30 West, distant 300 feet south of the northeast corner thereof thence Southwesterly on a tangent line for a distance of 1353 feet, more or less, to a point in the west line of said 40 acres, distant 562 feet south of the northwest corner thereof; thence south in said west line to a point being 100 feet south of the first above described line at right angles to same; thence northeasterly parallel with and 100 feet south of above first described line a distance of 730 feet; thence southeasterly on a right curve with a radius of 428.3 feet a distance of 618 feet; thence southeasterly on a right curve with a radius of 714.5 feet a distance of 93.4 feet; thence southeasterly to a point on the north shore line of the Crow River, being approximately 60 feet west of the cast boundary line; thence east along said shore line to said east boundary line of said 40 acres; thence north in said line to point of beginning, according to location now made over and across said 40 acres. Land herein conveyed and described containing approximately 6.4 acres of land; said described parcel being the same • pre►nises conveyed from H.L. Merrill and Martha A. Merrill to the Electric Short Line Railway Company by Deed filed for Record in the Register of Deeds Clffice for McLeod County-ea April -20; 19M in Book 40 -of Deeds, on Page 56, the west line of the above described 40 acre tract being at approximately railroad Station 2968+00.°" The west line of said strip of land being the west line of said Southeast Quarter of the Southeast Quarter and the east line of said strip of land being the east line of the West 778.00 feet, as measured along the north line, of said Southeast Quarter of the Southeast Quarter. PELLINEN LAND SURVEYING H13TCHINSON MN JOB NO. 04171c • 1�CCo L 2Q 370.05' • v n a -1 GOPHER GNIPFlRE WILDUFE SANCTUARY • .. 6 m o 1 238 a< g ° ci m m n o o o ry ^ ry m m f \ r O m O of sE� N � 165 vryi 165 C J a m A prroR N f Ko 2039 Cam' rym �_ ry 238 sz `n° m 950b m m N r 95 06 a ry ,6791 W L 91 1.N. 20 6 — 120.0 n 0 42 204 0 v ry ✓J 132.00 0 0 r � � N a a n n 126.00' 126.00' 70.0 42 322 l -1 GOPHER GNIPFlRE WILDUFE SANCTUARY • LOGISMap Output Page Page 1 of 1 http : / /gis.logis.org /servletf coin, esri. esrimap. Esrimap? ServiceNamc= hu_ Lt,,jlSMap_OV &ClientVe,sion=4,0 &Form = True &Encode =Fats, 10/17/2006 LOGISMap Output Page Page 1 of 1 http:I/ gislogis. org/ servletl cor► Z. esri .esrimap.Esrimap ?ServiceNarne =hu LOGTSMap_OV &ClientVe._. 1011 2 06 o° CO Dr McLeod County F C Y 4 `�< Solid Waste Management Solid Waste Director - Ed Homer (320) 234 -4316 ehomen9hutchtet.net 0 0 May 25, 2005 RECEIVED MAY 2 6 2005 city d Hutchinson Eng DOP Solid Wash coordinator - Sarah Ye" (320) 234 -4319 syourm®hutchW.net Mr. John Rodeberg Director of Public Works City of Hutchinson - 111 Hassan Street SE Hutchinson, MN 55350 Dear John: As a follow up to your letter dated April 27, 2005, relative to the Daggett property, enclosed you will find an appraisal completed by Hacker Appraisal Services. I will attempt to schedule a meeting with the commissioners next Wednesday, Thursday or Friday to negotiate a final purchase price with the City. Singly Solid Waste Director enclosure Cc: Commissioner Sheldon Nies Commissioner Grant Knutson Phone (320) 23471" • Toll Free 1 Note Possible meeting dates & times: Wednesday 8 - 11 am. Thursday 8 - 11 am. Friday 1:30 - 5 p.m ie Southeast . Hutchtmon • Mlrviesota • 55350 3) 335 -0575 • Fax 4320) 587 -7983 • Web Address www.co.mdeod.rnn.us 0 &a cker - s EMCM12 Main Sleet South - Hutchikwn, MN 55350 JOII� Phone; (320) 234 -9736 ® , Fax (310) 234 -9544 May 20, 2005 Ed Homan, Solid Waste Director McLeod County Solid Waste Management 1065 - 5th Avenue S.E. Hutchinson, MN 55350 RE: Estimate the value of Lot 10, Block 1, First Addition to Hutchinson Industrial District, Hutchinson, MN.. Dear Ed, As requested and authorized by you, I have conducted a Limited Restricted Appraisal of the Fee Simple Interest of the subject property which is located at Lot 10, Block 1, First Addition to Hutchinson Industrial District, Hutchinson, MN.. The purpose of the appraisal is to estimate the value of the property to determine a • possible purchase price for the subject property. This report is restricted in its use to McLeod County for their use in estimating a possible purchase price for the subject property only and is not intended or authorized for any other purpose. The appraisal process involved research of relevant material information on the subject property as well as comparable properties with a limited report, with all relevant information contained within my office files. The report is prepared in accordance with the Uniform Standards of Professional Appraisal Practice and Title XI of Financial Reform, Recovery and Enforcement Act 1989 as I interpret them. The subject property is bare lot which measures approximately 50 x 546 feet or 27,300 square feet. The property will be purchased by McLeod County Solid Waste Management Facility for use in conjunction with its ongoing operation. It was determined that the Highest and Best Use of the subject property would as commercial use similar to the subject property's current use. To determine the market 'value of the subject property I have researched and reviewed sales of commercial properties within the city of Hutchinson as well as other areas of McLeod County due to the scope and market conditions which exist in the area I relied solely on the Market Approach to value, the other approaches were deemed inappropriate for the subject property. The subject property has not sold in the past 3 years. • ) Y-Jk-) Based on my analysis of the comparable sales, I have arrived at an adjusted value range for the subject property of between $13,650 and $17,750. In my opinion based on my analysis, the value of the subject property as of May 20, 2005 is: FIFTEEN THOUSAND SEVEN HUNDRED DOLLARS ($15,700) Respectfully submitted, • ly Appraiser L-� �Y-)- PAYROLL DATE: October 27, 2006 Period Ending Date: October 21, 2006 FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT ACCT# $23,461.08 9995.2034 $12,437.25 9995.224 $3,551.13 9995.2242 NAME DESCRIPTION WITH. TAX Employee Contribution - Federal Tax ACCOUNT Employee Contribution - Soc. Security Employee Contribution - Medicare $39,449.46 Sub -Total - Employee Contribution $12,437.25 9995.224 Employer Contribution - Social Security $3,551.13 9995.2242 - - -- Employer Contribution - Medicare Per Journal Entries Difference Firs $ 24,874.50 $15,988.38 Sub -Total - Employer Contribution Medicare $ 7,102.26 Withholding $ 23,461.08 $55,437.84 Grand Total - Withholding Tax Account Total $ 55,437.84 $0.00 Aft,331.29 9995.2035 MN DEPT OF REVENUE State Tax $ 10,331.29 $0.00 $13,943.79 9995.2241 PERA Employee Contribution - Pension Plan $16,672.87 9995.2241 Employer Contribution - Pension Plan i $30,616.66 Sub -Total - PERA I $15.86 9995.2243 PERA -DCP Employee Contribution - Pension Plan j $15.86 9995.2241 Employer Contribution - Pension Plan Pero $ 30,637.47 $31.72 Sub - Total - DCP DCP $ 15.86 $30,648.38 GRAND TOTAL - PERA Total $ 30,653.33 ($4.95) • Finance Director Approval • 0 F- I. J • R55APPYRV CITY OF HUTCHINSON By Check Number JAP Payment Register with Voids Check Dates 11102!2006 - Ck Date Type Check # Vendor Name Amount 11/0212006 PK 139221 ' 101919 AMERICAN FAMILY INS CO. 166.55 11/02/2006 PK 139222 119212 BLOCK FARMS & TRUCKING 9,496.48 11/02/2006 PK 139223 122919 BRYAN STREICH TRUCKING 3,269.88 11/02/2006 PK 139224 102227 COLLINS BROTHERS 783.06 11/02/2006 PK 139225 102672 FORCIER, GARY 788.22 11102/2006 PK 139226 101872 H.R.LA.P.R. 313.25 11/02/2006 PK 139227 102730 HALI -BRITE INC 639.00 11/0212006 PK 139228 102533 HUTCHINSON CONVENTION & VISITO 6,783.37 11/02/2006 PK 139229 102633 HUTCHINSON. CITY OF 8,507.47 11/0212006 PK 139230 102635 HUTCHINSON, CITY OF 767.06 11/02/2006 PK 139231 103099 HUTCHINSON, CITY OF 113.91 11/02MO6 PK 139232 101873 ICMA RETIREMENT TRUST 4,001.53 11/0212006 PK 139233 101876 ING LIFE & ANN CO. 1,350.00 11/0212006 PK 139234 101938 JOHNSON BROTHERS LIQUOR CO. 19,823.34 11/02/2006 PK 139235 123570 KAPING, LORI 2,000.00 11102/2006 PK 139236 102489 MCLEOD COUNTY COURT ADMINISTRA 300.00 11/02/2006 PK 139237 102489 MCLEOD COUNTY COURTADMINIST 275.25 11102/2006 PK 1392381 102489 MCLEOD COUNTY COURTADMINIS 200.00 11102/2006 PK 139239 122584 MEEDS, SHARON 2,603.40 11102/1006 PK 139240 102449 MINNESOTA CHILD SUPPORT PAYMEN 471.15 11/02/2006 PK 139241 108381 MINNESOTA PUBLIC WORKS ASSOC 318.00 11102/2006 PK 139242 122279 MORAN USA, LLC 90.30 11/0212006 PK 139243 110363 MASH FINCH COMPANY 2,234.52 11/02/2006 PK 139244 101875 ORCHARD TRUST COMPANY, LLC 3110.00 11/02/2006 PK 139245 123569 OSTLUND SUPPLY 750.00 11/02/2006 PK 139246 122921 PAINTERS, THE 1,800.00 11/0211006 PK 139247 102096 PRUDENTIAL MUTUAL FUNDS 30.00 11/02/2006 PK 139248 121176 REINER ENTERPRISES, INC 2,352.63 11/02/2006 PK 139249 122922 STREICH TRUCKING 3,638.16 74,166.53 Account Nu # 74,166.53 Void Amou Payment T Check Pap Check Pap Check Payl Check Pap Check Pap Check Pay Check Pay Check Payl Check Payl Check Payl Check Payl Check Pap Check Pap Check Pap Check Pap Check Pap Check Payl Check Pap Check Pap Check Pap Check Pap Check Pap Check Pap Check Pap Check Pap Check Pap Check Pap Check Payl Check Pap 74166.53 74166.53 a E • 6 • Ll R55APPYRV ICITY OF HUTCHINSON By Check Number JAP Pa ment Register with Voids Check Date 11/07/2006 - CkDate Check# Vendor Name Amount —Type 11/07/2006 PK 139250 102943 BAUERLY COMPANIES 47.72 11/07/2006 PK 139251 102129 GLAESER, TOM 972.24 11/07/2006 PK 139252 102541 HUTCHINSON TELEPHONE CO 8,354.47 11/07/2006 PK 139253 102038 HUTCHINSON, CITY OF 186,000.00 11/07/20D6 PK 139254 104292 KOBOW, BECKY 246.15 11/07/2006 PK 139255 1 102489 MCLEOD COUNTY COURT ADMINISTRA 250.00 11/07/2006 PK 1 139256 1 103014 NORTHERN BUSINESS PRODUCTS 698.56 11/07/2006 PK 139257 123603 ORION SAFETY SYSTEMS 100.50 11/07/2006 PK 139258 102606 SCHMELING OIL CO 17,667.94 214,337.56 Account Nu # 214,337.58 Void Amou LJ 0 R55APPYRV CITY OF HUTCHINSON By Check Number AP Payment Register with Voids Check Date 11/09/2006 - Ck Date Check # Vendor Name Amount _Type 11/09/2006 PK 139259 ' 119212 BLOCK FARMS & TRUCKING 2734.2 11/09/2006 PK 139260 122919 BRYAN STREICH TRUCKING 2734.2 11/09/2006 PK 139261 123490 HUTCHINSON, CITY OF 3151.09 11/09/2006 PK 139262 123609 JENSEN & GORDON TRUST ACCOUNT 129850 11/09/2006 PK 1392631 123566 STOCKMAN TRANSFER, INC. 2187.36 140656.85 Account Nu # 140656.85 Payment T,. Check Pap Check Pap Check Payi Check Pay Check Pap 140656.9 140656.9 J u MEMO go 11113/06 TO: CITY STAFF & BANK OFFICIALS FROM: KEN MERRILL , FINANCE DIRECTOR SUBJECT: DECEMBER WIRE TRANSFER The following funds need to be wired - interest payments December 1, 2006 Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Dividend Deposit Account # 066 - 026776 OBI FIELD - PA 50317950 1992 Tax Increment Bonds 8,345.00 2001 Capital Notes 2,791.25 11,136.25 The following funds need to be wired - PRINCIPAL payments Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & • Co. c/o THE DEPOSITORY TRUST COMPANY for Redemption Deposit for 12/1 City of Hutchinson, Mn, Account # 066 - 027 -306 OBI FIELD - PA 50317950 2001 Capital Notes 145,000.00 145,000.00 (FAX of bond document must be made at same time for principal payment) MEMO 11113M . TO: CITY STAFF & BANK OFFICIALS FROM: KEN MERRILL , FINANCE DIRECTOR SUBJECT: DECEMBER WIRE TRANSFER DEFEASE UPDATE FOR 2006 The following funds need to be wired - interest payments 12/01/06 Chase NYC ABA # 021 -000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Dividend Deposlt Account # D66- 026776 for 211 City of Hutchinson, MN OBI FIELD - PA 50317951 INTEREST 1996 Improvement Bonds 1997 Improvement Bonds 1998 Improvement Bonds The following funds need to be wired - PRINCIPAL payments Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & Co. cJo THE DEPOSITORY TRUST COMPANY for Redemption h.2ooslt - Account # 066- 027 - 306 2/1 CRy of Hutchinson MN OBI FIELD - PA 50317950 1996 Improvement Bonds 1997 Improvement Bonds 1998 Improvement Bonds • • TOTAL Principal TOTAL Wire 2,133.33 8,494.16 4,920.83 15,548.32 130,000.00 545,000.00 350,000.00 1,025,000.00 $1,040,548.32 • `J PAYROLL DATE: November 10, 2006 Period Ending Date: November 4, 2006 FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT ACCT# $24,631.82 9995.2034 $12,930.70 9995.224 $3,698.89 9995.2242 NAME DESCRIPTION WITH. TAX Employee Contribution - Federal Tax ACCOUNT Employee Contribution - Soc. Security Employee Contribution - Medicare $41,261.41 Sub -Total - Employee Contribution $12,930.70 9995.224 Employer Contribution - Social Security $3,698.89 9995.2242 Employer Contribution - Medicare $16,629.59 Sub - Total - Employer Contribution $57,891.00 Grand Total -Withholding Tax Account AIIIIIIIIII,775.118 9995.2035 $14,603.32 9995.2241 $17,463.59 9995.2241 $32,066.91 Sub -Total - PERA MN DEPT OF REVENUE PERA Employee Contribution - Pension Plan Employer Contribution - Pension Plan $15.86 9995.2243 PERA -DCP Employee Contribution - Pension Plan $15.86 9995.2241 Employer Contribution - Pension Plan $31.72 Sub - Total - DCP $32,098.63 GRAND TOTAL - PERA • Finance Director Approval • Per Journal Entries Difference Fica $ 25,861.40 Medicare $ 7,397.78 Withholding $ 24,631.82 Total $ 57,891.00 $0.00 State Tax $ 10,775.18 $0.00 1 i i i i i Pere $ 32,077.82 DCP $ 15.86 Total $ 32,093.68 $4.95 • R55APPYR ICITY OF HUTCHINSON By Check Number AP Payment Re ister with Voids Check Date 11/142006 - Ck Date Check # Vendor Name Amount _Type 11/142006 PK 139264' 123635 A -1 MARINE, INC 2,395.00 11114/2006 PK 139265 123573 AARP 330.00 11/14/2006 PK 139266 102126 ACE HARDWARE 607.42 11/14/2006 PK 139267 122891 ADVANCED ENGINEERING & ENVIRON 3,612.50 11/14/2006 PK 139268 102217 AEM MECHANICAL SERVICES, INC 128.31 11/14/2,006 PK 139269 123415 ALLWOOD PRODUCTS 600.00 11/14/2006 PK 139270 102430 AMERIPRIDE LINEN & APPAREL 345.40 11/142006 PK 139271 105204 ARCTIC GLACIER PREMIUM ICE INC 154.05 11/14/2006 PK 139272 111041 ARROW TERMINAL LLC 101.37 1111412006 PK 139273 121810 AT & T 90.58 111142006 PK 139274 102207 BACHMAN'S 606.88 111142006 PK 139275 123574 BARTON, SHARON 60.00 111142006 PK 139276 120853 BAUERLY BRO. INC 57,539.03 11/1412006 PK 139277 102943 BAUERLY COMPANIES 1,429.15 11/14/2006 PK 139278 101925 BECKER ARENA PRODUCTS 1,655.49 11114/2006 PK 139279 102367 BELLBOY CORP 3,536.83 11/142006 PK 139280 102039 BENNETT OFFICE TECHNOLOGIES 46.00 11/1412006 PK 139281 102255 BERKLEY RISK ADMINISTRATORS 800.00 11114/2006 PK 139282 101916 BERNICK COMPANIES, THE 104.50 11/14/2006 PK 139283 120738 BERTELSON'S 194.93 11/14/2006 PK 139284 120751 BERWALD, EILEEN 100.75 11114/2006 PK 139285 121882 BEYTIEN, JAY 29.00 1 1 /1 412 006 PK 139286 119418 BJURLIN, MORRIS 104.00 11/14/2006 PK 139287 104697 BLACK, ELAINE 89.38 11/14/2006 PK 139288 121591 BLADE PHOTO IMAGING & PORTRAIT 14.74 11/142006 PK 139289 119212 BLOCK FARMS & TRUCKING 2,551.92 11/14/2006 PK 139290 123404 BOWERS, REBECCA 63.74 11/142006 PK 139291 101987 BRANDON TIRE CO 765.69 11/14/2006 PK 139292 102752 BRAUN INTERTEC CORP 259.65 11/14/2006 PK 139293 102680 BRUNNER, DOLORES 102.38 1111412006 PK 139294 122919 BRYAN STREICH TRUCKING 2,369.64 11/142006 PK 139295 102888 BURICH, HARRIET 117.00 11/14/2006 PK 139296 121089 BUSHMAN, RAOUEL 175.00 11/142006 PK 139297 102136 BUSINESSWARE SOLUTIONS 1,129.43 11/142006 PK 139298 102456 C & L DISTRIBUTING 36,456.40 11/14/2006 PK 1392991 121740 CAL'S MARKET 433.00 11114/2006 PK 1393001 104512 CALIFORNIA CONTRACTORS SUPPLIE 199.90 11/14/2006 PK 1393011 122877 CELEBRATION EVENT CENTER 1,690.00 11/142006 PK 139302 104391 CENTRAL HYDRAULICS 1,881.98 11/14/2006 PK 139303 102253 CENTRAL MCGOWAN 146.75 1111412006 PK 139304 110865 CHOICEPOINT SERVICES INC 264.00 11/142006 PK 139305 105423 CINDY'S HOUSE OF FLORAL DESIGN 38.87 11/14/2006 PK 139306 102741 COBORN'S INCORPORATED 1,287.62 11/142006 PK 139307 1022131 COMMISSIONER OF TRANSPORTATION 50.00 11/142006 PK 139308 102213 1 COMMISSIONER OF TRANSPORTATION 50.00 11/14!2006 PK 139309 121268 COOPER, BECCA 135.93 11/142006 PK 1393101 10241W I CORPORATE EXPRESS 1,002.11 11/14/2006 PK 1393111 102159 COUNTRY KITCHEN 178.92 0 • 0 • Ll 11/14/2006 PK 139312 120246 COUNTRYSIDE FLAGPOLE 957.43 11/14/2006 PK 139313 121640 CREEKSIDE SOILS 4 56 11/14/2006 PK 139314 102050 CROW RIVER AUTO 40012 11114/2006 PK 139315 102220 CROW RIVER PRESS INC 124.87 11/1412006 PK 139316 102121 CROW RIVER VET CLINIC 584.81 11/14/2006 PK 139317 102186 CULLIGAN WATER COND 37.28 11/14/2006 PK 139318 103791 CUMMINS NPOWER, LLC 1,281.10 11/14/2006 PK 139319 103139 D2 SERVICES INC. 735.55 11/14/2006 PK 139320 102678 DAGGETT, DORIS 102.38 1 111 412 0 0 6 PK 139321 119458 DAVE'S PALLET SERVICE 2,110.50 11/14/2006 PK 139322 102488 DAY DISTRIBUTING 8,427.00 1111412006 PK 139323 102698 DEVRIES, RANDY 822.63 11/14/2006 PK 139324 121697 DIMLER, KYLE 127.79 1 111 4/2 0 0 6 PK 139325 123367 DODGE, PATRICK 100.75 11/14/2006 PK 139326 104084 DONOHUE & ASSOC 38,347.50 11/14/2006 PK 139327 102776 DORSEY & WHITNEY 7,618.75 1 111 4 /2 0 06 PK 139328 102275 DPC INDUSTRIES INC 941.27 11/14/2006 PK 1393291 113181 DROP -N -GO SHIPPING, INC 10.03 11/14/2006 PK 1393301 102236 DUININCK BROS INC. 122,300.78 11/14/20D6 PK 1393311 102647 DYNA SYSTEMS 312.89 11/14/2006 PK 1393321 104415 EARTH TECH 54,687.50 11/14/2006 PK 139333 102726 ECOLAB PEST ELIM 112.36 11/14/2006 PK 139334 102354 ECONO FOODS 155.95 11/14/2006 PK 139335 123582 EICHTEN, MARLENE 11.00 11114/2006 PK 139336 102471 ELECTRIC PUMP 455.03 11/1412006 PK 139337 102356 ELECTRO WATCHMAN 525.72 11/1412006 PK 139338 117838 ENGWALL, MAXINE 91.00 11114/2006 PK 139339 123610 ENVIRON -CON, INC 352.60 11114/2006 PK 139340 117233 ENVIRONMENTAL TOXICITY CONTROL 650.00 11114/2006 PK 1 139341 104022 EVEN -TEMP CONSTRUCTION 3,100.00 11/14/2D06 PK 139342 104022 EVEN -TEMP CONSTRUCTION 6,424.07 1 111 412 0 06 PK 139343 110034 EXTREME BEVERAGE 128.00 11/1412006 PK 139344 104137 FASTENAL COMPANY 263.15 11/14/2006 PK 139345 123369 FAY, FRANK 102.38 11/14/2006 PK 139346 122555 FIRE SAFETY USA, INC 632.00 11/14/2006 PK 1 1393471 102094 FISHER SCIENTIFIC 858.66 11/14/2006 PK 139348 1 117085 FREMONT INDUSTRIES, INC 464.34 11114/2006 PK 139349 112129 FULLER & D'ALBERT INC 57.45 11114/2006 PK 139350 102526 G & K SERVICES 2,584.87 11114/2006 PK 139351 120284 GAVIN, OLSON & WINTERS, LTD 3,000.00 1 111 412 006 PK 139352 103743 GE CAPITAL 38.62 11/14/2006 PK 139353 103340 GEB ELECTRICAL INC 244.45 11/14/2006 PK 139354 105021 GENERAL TRADING CO 294.78 11/14/2006 PK 139355 123363 GMS INDUSTRIAL SUPPLIES INC 24.70 11/14/2006 PK 1393561 123623 GOLDSTEIN, RUSS 99.13 11/14/2006 PK 1393571 102087 GRAINGER PARTS OPERATIONS 1,032.11 11/14/2006 PK 1393581 105562 GRANIT BRONZ 327.42 11/14/2006 PK 139359 122907 GRIDOR CONSTRUCTION 1,447,490:00 11/1412006 PK 139360 101874 GRIGGS & COOPER & CO 6,343.71 11/14/2006 PK 139361 123639 GRUENHAGEN, LEE 589.05 11114/2006 PK 139362 123626 GUTHRIE 18400 11/14/2006 PK 139363 115234 HAAS, ANNELLA 16.25 11/14/2006 PK 139364 115231 HAAS, ROMAN 104.00 11/14/2006 PK 139365 102529 HACH COMPANY 318.22 11/14/2006 PK 139366 102451 HANSEN DIST OF SLEEPY EYE 104.70 11/14/2006 PK 139367 102089 HANSEN GRAVEL 446.00 11/14/2006 PK 139368 103240 HEMMAH, KATHY 46.59 1 111 4 /2 0 06 PK 139369 102531 HENRYS FOODS INC 655.57 11/1412006 PK 139370 116866 HEWLETT - PACKARD CO 2,310.47 11/14/2006 PK 139371 102518 HILLYARD FLOOR CARE / HUTCHINSON 1,052.01 11/14/2006 PK 139372 123081 HJERPE CONTRACTING 3,648.00 11/1412006 PK 139373 111066 HOTSY EQUIPMENT OF MINNESOTA 341.19 11/14/2006 PK 139374 102961 HRA 4,897.26 11/1412006 PK 139375 121472 HRG TECHNOLOGY GROUP 400.00 11114/2006 PK 139376 122273 HSBC BUSINESS SOLUTIONS 93.25 11/14/2006 PK 139377 102319 HUTCHINSON AREA HEALTH CARE 70.00 11/14/2006 PK 139378 122063 HUTCHINSON AREA HEALTH CARE 1,914.00 11/14/2006 PK 139379 102530 HUTCHINSON CO-OP 10,770.88 11114/2006 PK 139380 102545 HUTCHINSON FIRE & SAFETY 108.50 11/14/2006 PK 139381 102537 HUTCHINSON LEADER 2,105.20 1111412006 PK 139382 102540 HUTCHINSON PLUMBING & HEATING 1,459.00 11/14/2006 PK 139383 102541 HUTCHINSON TELEPHONE CO 875.65 11/14/2006 PK 139384 105161 HUTCHINSON UTILITIES 87,951.86 11/14/2006 PK 139385 105515 HUTCHINSON UTILITIES 2,926.98 11114/2006 PK 139386 102543 HUTCHINSON WHOLESALE 1,044.56 1 111 4 /2 0 06 PK 139387 102038 HUTCHINSON, CITY OF 42,050.00 11/14/2006 PK 139388 102038 HUTCHINSON, CITY OF 6,162.46 11/14/2006 PK 139389 102633 HUTCHINSON, CITY OF 74,902.56 11/14/2006 PK 139390 102635 HUTCHINSON, CITY OF 6,809.31 11114/2006 PK 139391 103246 HUTCHINSON, CITY OF 12,562.79 11/14/2006 PK 139392 105160 HUTCHINSON, CITY OF 12,574.85 11114/2006 PK 139393 123489 HUTCHINSON, CITY OF 3,274.89 11/14/2006 PK 139394 102779 INDEPENDENT SCHOOL DIST. #423 16,142.14 1 111 4/2 006 PK 139395 122746 INFILCO DEGREMONT 33,411.00 11/14/201 PK 139398 103520 INTERSTATE BATTERY SYSTEMS OF 92.59 11/1412006 PK 139397 102208 JEFF'S ELECTRIC 101.06 11/14/2006 PK 139398 103851 JENSEN & GORDON LAW OFFICE 3,475.88 11/14/2006 PK 139399 102154 JENSEN, ROXANNE 102.38 11/14/2006 PK 139400 102554 JERABEK MACHINE SERV 8.54 11/1412006 PK 139401 119782 JESCO INDUSTRIAL SUPPLIES, INC 31,488.00 11/14/2006 PK 139402 123575 JESSEN, JOANN 41.00 11/14/2006 PK 139403 101938 JOHNSON BROTHERS LIQUOR CO. 12,771.08 11/1412006 PK 139404 105325 JOHNSON, DORIS 115.38 11/14/2006 PK 139405 123624 JONAS, RONALD 123.50 11/14/2006 PK 1394D61 123283 JUNGCLAUS CARQUEST 45.36 11/14/2006 PK 139407 110507 JUNGCLAUS IMPLEMENT INC 32.75 11/14/2006 PK 139408 102555 JUUL CONTRACTING CO 1,585.60 11/14/2006 PK 139409 123632 KACZMAREK- BRUHN, KELLI 200.00 11/14/2006 PK 139410 102558 KDUZ 123.00 11114/2006 PK 139411 123344 KEEPRS, INC 110.85 11/14/2006 PK 139412 102679 KNIGGE,DARLEEN 1D4.00 11/14/2006 PK 139413 104292 KOBOW, BECKY 179.92 11114/2006 PK 1394141 104416 KOHLS SWEEPING SERVICE 392.00 11/14/2006 PK 139415 105697 KQIC -Q102 396.25 • • • • • • 11/14/2006 PK 139416 123370 KURTH, ELIZABETH 89.38 11/14/2006 PK 139417 102561 L & P SUPPLY CO 161.61 11114/2006 PK 139418 101946 LAB SAFETY SUPPLY INC 24.78 11/14/2006 PK 139419 121186 LEONARD, STREET & DEINARD 235.00 11/1412006 PK 139420 120547 LEWANDOWSKI, MARK 114.19 11/14/2006 PK 139421 104632 LIEDER, AMY 41.00 11/14/2006 PK 139422 123633 LIESTMAN, JEFF 200.00 11/14/2006 PK 1 139423 101984 LOCHER BROTHERS INC 19,069.07 11/14/2006 PK 139424 102145 M -R SIGN 136.70 11/14/2006 PK 139425 123417 MADINA HOSPITALITY GROUP LLC 150.00 11/14/2006 PK 139426 102572 MANKATO MOBILE RADIO 364.76 11/14/2006 PK 139427 102158 MCLEOD COUNTY ABSTRACT & TITL 95.00 11/14/2006 PK 139428 118072 MCLEOD COUNTY TREASURER 2,196.00 11/14/2006 PK 139429 102064 WRAITH, JOHN 160.00 11/14/2006 PK 139430 123625 MCRAITH, MARY - 91.00 11/14/2006 PK 139431 110736 MEEKER COUNTY SHERIFF'S DEPT 71.20 11114/2DD6 PK 139432 123024 MEHR, BRIAN 101.02 11/14/2006 PK 139433 112400 MENARDS - HUTCHINSON 838.83 11/14/2006 PK 139434 122894 METEORLOGIX 144.00 11/14/2006 PK 139435 102131 METRO ATHLETIC SUPPLY 186.38 1 111 4/2 00 6 PK 139436 103000 MID - MINNESOTA DEVELOPMENT COMM 750.00 11/14/2006 PK 139437 102575 MINI BIFF 73.32 11M4/2006 PK 139438 119858 MINNEAPOLIS, CITY OF 314.76 11/14/2006 PK 139439 119345 MINNESOTA CHAMBER BUSINESS SER 1,201.80 11/14/2006 PK 139440 101947 MINNESOTA DEPT OF LABOR & INDU 20.00 11/1412006 PK 139441 101947 MINNESOTA DEPT OF LABOR & INDU 50.00 11/14/2006 PK 139442 101947 MINNESOTA DEPT OF LABOR & INDU 10.00 11/14t2006 PK 139443 102669 MINNESOTA DEPT OF PUBLIC SAFET 20.00 11/14/2006 PK 139444 120182 MINNESOTA DISTRIBUTING & MFG 916.67 11/14/2006 PK 139445 102582 MINNESOTA ELEVATOR INC 106.70 11/14/2DD6 PK 139446 112260 MINNESOTA GREEN EXPO 160.00 11/14120D6 PK 139447 105157 MINNESOTA SHREDDING 97.57 11/14/2006 PK 139448 122286 MINNESOTA TRUCK LEASING INC 4,137.54 11/14/2006 PK 139449 102583 MINNESOTA VALLEY TESTING LAB 3,978.50 11/14/2006 PK 139450 121160 MN VAC 49.46 11/14/2006 PK 139451 102649 MPCA 300.00 11/14/2006 PK 139452 102841 MRPA 250.00 11/14/2006 PK 139453 123576 MULCAHY 687.97 11/1412006 PK. 139454 123577 MURRAY'S INC 1,007.55 11/14/2006 PK 139455 102590 NALCO CHEMICAL CO. 7,627.23 11114/2006 PK 139456 102650 NCL 674.93 11/14/2006 PK 139457 123627 NISTLER, GREGG 65.00 11/14/2006 PK 139458 102591 NORTHERN STATES SUPPLY INC 490.64 11/14/2006 PK 1 139459 119452 NORTHLAND CHEMICAL CORP 104.26 11/1412006 PK 139460 1 103756 NYGAARD ENTERPRISES, INC 649.00 11/14/2006 PK 139461 1 122214 0- RElLLYAUTO PARTS 214.85 11/14/2006 PK 139462 122948 OFFICE DEPOT 78.57 11/1412006 PK 139463 119358 OFFICE OF ENTERPRISE TECHNOLOG 186.30 11/14/2006 PK 139464 108859 PARTS ASSOCIATES INC 161.95 11/14/20D6 PK 139465 112044 PEARCE, GREG 150.00 11/14/2006 PK 139468 122185 PEATINC. 11,060.04 11/14/2006 PK 139467 101853 PHILLIPS WINE & SPIRITS 8,406.74 11 • 0 11/14/2006 PK 139468 101908 PIONEERLAND LIBRARY SYSTEM 29,954.25 11/14/2006 PK 139469 104286 PLAISTED COMPANIES 1,210.38 11/14/2006 PK 139470 102445 POSTMASTER 1,250.00 11/14/2006 PK 139471 123578 PRAIRIE EQUIPMENT CO. 141.90 11/14/2006 PK 139472 102232 PRAIRIE RESTORATION 11,260.00 11/14t2006 PK 139473 120550 PRELLWITZ, CATHY 102.38 11/14/2006 PK 139474 102899 PRIEVE LANDSCAPING 56.30 11/14/2006 PK 139475 114391 PRO AUTO & TRANSMISSION REPAIR 456.54 11/1412006 PK 139476 102598 QUADE ELECTRIC 393.43 1 111 4/2 0 06 PK 139477 102212 QUALITY FLOW SYSTEMS 970.50 11114/2006 PK 139478 102052 QUALITY WINE & SPIRITS CO. 7,135.62 11/14/2006 PK 139479 121518 QWEST 67.54 11/14/2006 PK 139480 117434 R & J TOURS, INC. 639.52 11/14/2006 PK 139481 102604 R & R SPECIALTIES INC 84.88 11/14/2006 PK 139482 102278 RAND IMAGINIT TECHNOLOGIES, IN 900.00 11/14/2006 PK 139483 104941 RANGER TRUCK PARTS 16.25 11/14/2006 PK 139484 123371 REDETZKE, NANCY 342.00 11114/1006 PK 139485 102432 REED BUSINESS INFORMATION 784.40 - 11/14/2006 PK 139486 1211 -76 REINER ENTERPRISES, IN'v - - 3,20!!36 11/14/2006 PK 139487 121938 RELIABLE OFFICE SUPPLIES 10.10 11/14/2006 PK 1 139488 105266 RESERVE ACCOUNT 1,688.00 11/14/2006 PK 139489 102358 RIDGEWATER COLLEGE 329.85 11/14/2006 PK 139490 102021 RODEBERG, JOHN 151.53 11/14/2006 PK 139491 123287 ROECKER, DONALD 2,400.00 11/14/2006 PK 139492 121677 RUCKS, CAMERON D. 2,079.25 11/14/2006 PK 139493 102225 RUNNING'S SUPPLY 332.21 11/14/2006 PK 139494 102436 SARA LEE COFFEE & TEA 108.00 11/14/2006 PK 139495 102606 SCHMELING OIL CO 3,696.31 11/14/2006 PK 1394961 102684 SCHMIDT, HARRIET 102.38 11/14/2006 PK 139497 123579 SCHMIDT- KELTGEN, JENNIFER 200.00 11/14/1006 PK 139498 120546 SCHROEDER, DENNIS 116.00 11/14/2006 PK 139499 102858 SCHUMANN, CAROLYN A. 114.19 11/14/2006 PK 139500 109801 SCOTT'S WINDOW CLEANING SERVIC 63.90 11/14/2006 PK 139501 102682 SEALE, PEARL 104.00 11/14/2006 PK 139502 101892 SEH 3,208.83 1 111 4/2 006 PK 139503 123616 SEMON, RONALD & DEBRA 30.00 11/14/2006 PK 139504 115821 ISEPPELT, MILES 80.23 11/1412006 PK 139505 1026371 SEVEN WEST WASH & DRY 396.97 11/14/2006 PK 139506 102719 SHAW, KAREN 80.00 11/14/2006 PK 139507 102609 SHOPKO 102.72 11/14/1006 PK 139508 123628 SHOW OFF SALES & BLAINE MCDONA 2,000.00 1111412006 PK 139509 119913 SIEMENS WATER TECHNOLOGIES COR 7,923.91 11/14/2006 PK 139510 102106 SIMPLEXGRINNELL LP 112.68 11/1412006 PK 139511 123617 SNOW, JACK 50.00 1 111 412 0 0 6 PK 139512 102204 SOIL CONTROL LAB 435.00 11/14/2006 PK 139513 120410 SPECIALTY WINES 608.01 11/14/1006 PK 139514 102749 SR. ADVISORY BOARD 627.63 11/14/2006 PK 139515 1020411 ST. CROIX RECREATION CO 2,609.25 11/14/2006 PK 139516 1027471ST. JOSEPH'S EQUIPMENT INC 1,148.56 11114/2006 PK 139517 1027741 ST. PAUL STAMP WORKS 110.98 11114/2006 PK 139518 102612 STANDARD PRINTING 1,157.79 11/14/2006 PK 139519 102584 STAR TRIBUNE 27.95 0 0 • 0 • 11114/2006 PK 139520 123568 STOCKMAN TRANSFER, INC. 6,500.00 11/14/2006 PK 139521 122996 STORE SUPPLY WAREHOUSE 13.06 11/14/2006 PK 139522 118862 STRATEGIC EQUIPMENT 817.80 11114/2006 PK 139523 122922 STREICH TRUCKING 3,827.88 11/1412006 PK 139524 102617 STREICHERS 62.72 11/1412006 PK 139525 117141 STRINGER BUSINESS SYSTEMS, INC 541.48 11/14/2006 PK 139526 122384 STOLEN, LEONA 29.00 11/14/2006 PK 139527 104854 STURGES, STEVE 1,303.00 11/14/2006 PK 139528 123634 SUTTEN- ELLIOTT, NIKKI 200.00 11/14/2006 PK 139529 121020 TAPS -LYLE SCHROEDER 20.00 11/14/2006 PK 139530 102659 TEK MECHANICAL 723.42 11/14/2006 PK 139531 102054 TELECKY, DAVE 71.79 11114/2006 PK 139532 120834 TELEDYNE ISCO, INC. 1,343.23 11/14/2006 PK 139533 102258 TESSMAN SEED CO 370.96 11/1412006 PK 139534 123580 TEWES, HARRIET 11.00 11/1412006 PK 139535 120752 THOVSON- FRANSEN, GAIL 104.00 11/14/2006 PK 139536 101843 TKDA 3,800.00 11114/2006 PK 139537 119159 TOTAL FIRE PROTECTION - ' - 205.77 11/14/2006 PK 139538 119472 TRAILBLAZER TRANSIT 450.00 11/14/2006 PK 139539 120205 TRANSPORTATION SAFETY APPAREL 64.48 11/14/2006 PK 139540 102620 TRI CO WATER 359.70 11/14/2006 PK 139541 122099 TRIPLE G CONSTRUCTION 5,972.00 11/14/2006 PK 139542 123581 TRUCK UTILITIES 85.74 11/14/2006 PK 139543 102619 TWO WAY COMM INC 830.04 11/14/2006 PK 139544 102624 UNITED BUILDING CENTERS 34.83 11/14/2006 PK 1 139545 102625 UNITED LABORATORIES 301.80 11/14/2006 PK 139546 102627 UNIVERSITY OF MINNESOTA 30.00 11/14/2006 PK 139547 120919 UNIVERSITY OF MINNESOTA 14.00 11/14/2006 PK 139548 119701 UNUM LIFE INS COMPANY OF AMERI 3,087.36 11/14/2006 PK 139549 103210 USA BLUE BOOK 209.20 11114/2006 PK 139550 102069 VESSCO INC 832.71 11/14/2006 PK 139551 101974 VIKING BEER 2,501.80 11114/2006 PK 139552 102132 VIKING COCA COLA 44422 1 111 4/2 0 0 6 PK 139553 102630 VIKING SIGNS 301.84 11/14/2006 PK 139554 123618 WABASHA STREET CAVES 225.00 11/14/2006 PK 1 1395551 123619 WAGNER, KAREN 20.00 11/1412006 PK 139556 122357 WASTE MANAGEMENT- SAVAGE 9,635.18 11/14/2006 PK 139557 120852 WASTE MANAGEMENT -TC WEST 1,232.88 11/14/2006 PK 139558 122651 IWEGNER, WILLIAM 99.13 1 1 /1 412 0 06 PK 139559 102165 WELCOME NEIGHBOR 60.00 11114/2006 PK 139560 123620 WELLS FARGO SUBPOENA PROCESSIN 18.00 11/14/2006 PK 139561 102676 WESELOH, PHYLLIS 104.00 11/14/2006 PK 139562 102639 WEST PUBLISHING PAYMENT CTR 306.72 11/14/2006 PK 139563 103452 WINE COMPANY, THE 1,238.00 1 1 /1 412 0 06 PK 139564 102452 WINE MERCHANTS INC 609.50 11/14/2006 PK 139565 123621 WINN, MIKE 200.00 11/14/2006 PK 139566 1 102640 WM MUELLER & SONS 3,883.50 11/14/2006 PK 139567 102640 WM MUELLER & SONS 127.58 11/1412006 PK 139568 105208 WOLD ARCHITECTS & ENGINEERS 18,940.09 11/14/2006 PK 139569 115390 WOODS, CANDICE 58.45 11/14/2006 PK 139570 103491 WRIGHT, PATSY 115.38 11/14/2006 PK 139571 102632 XEROX CORP 2,323.62 J [1 0 11/14/2006 PK 139572 115860 YELLOW BOOK USA 1,683.00 11/1472006 PK 139573 103980 ZARNOTH BRUSH WORKS 687.99 11/14/2006 PK 139574 105571 ZEP MANUFACTURING CO 492.83 11/14/2006 PK 139575 101919 AMERICAN FAMILY INS CO. 184.73 11/14/2006 PK 139576 101872 H.R.L.A.P.R. 313.25 11/14/2006 PK 139577 102633 HUTCHINSON, CITY OF 8,507.47 11/14/2006 PK 139578 102635 HUTCHINSON, CITY OF 767.06 11114/2006 PK 1 13957911 101873 ICMA RETIREMENT TRUST 4,001.53 11/14/2006 PK 1 1395801 101876 ING LIFE & ANN CO. 1,350.00 11/14/2006 PK 1 1395811 102449 MINNESOTA CHILD SUPPORT PAYMEN 471.15 11/14/2006 PK 139582 101914 NCPERS LIFE INS. 524.00 11/14/2006 PK 139583 101875 ORCHARD TRUST COMPANY, LLC 300.00 11/14/2006 PK 139584 102096 PRUDENTIAL MUTUAL FUNDS 30.00 2,479,357.20 Account Nu 2,479,357.20 • • •