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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
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5th
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4th
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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
•
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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
•
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0
9
a
//- e -o S-
l e-e
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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
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•
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
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$(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
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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
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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.
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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
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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)�
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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).,
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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 )
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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 )
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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.
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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)
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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
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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.
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SAFETY AND HEALTH
7
PROGRAM
- City of- Hutchinson
Hutchinson Utilities
Commission
November 2006
OSHA/Safety Assistance 9104
Model Program -
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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 ��/� //%
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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
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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.
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OSHA/Safety Assistance 9104
Model Program -
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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
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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
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OSHA/Safety Assistance 9104
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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.
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OSHA/Safety Assistance 9/04
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• Implementation Tools
The safety committee shall:
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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.
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OSHA/Safety Assistance 9/04
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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
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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 -
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• 4. Personal Exposure Monitoring
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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 -
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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
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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
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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
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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
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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
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OSHA/Safety Assistance 9/04
Model Program -
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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.
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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"►
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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, !/�
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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 -
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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
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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
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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 -
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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.
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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
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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^
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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 -
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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
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oN SUB3
TOTAL
all X 11
Total
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Miles
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DEWON SERVICES
777
777777
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$
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Submittal R9ugwe
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x 19,.300
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Daai ner Site V19i1B
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6
2
3
3
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000
600
800
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10
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3 '.,FYJ.y`17.569
S 2.700;
S 6,240-
S.16.498
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S 13,079
S 7 ,200
S 14,999
S 7,999
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S -
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S 4.014
S 1.710
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Mane mans RVATION SERVICES
A.W. nl E ineeri
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240
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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.
•
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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.
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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
•
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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
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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.
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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.
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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.
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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.
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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
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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
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