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AGENDA REGULAR MEETING - HUTCffiNSON CITY COUNCIL TUESDAY, DECEMBER 27, 2005 -~, 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION -Rev. Todd Ertsgaard, Oak Heights Covenant Church 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF DECEMBER 13, 2005 Action -Motion to approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS. 1. AIRPORT COMMISSION MINUTES FROM NOVEMBER 17, 2005 2. PIONEERLAND LIBRARY SYSTEM ~FINANICAL REPORT FOR OCTOBER 2005 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM NOVEMBER 15, 2005 4. PLANNING COMMISSION MINUTES FROM NOVEMBER 15, 2005 5. HUTCHINSON .HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM NOVEMBER 15, 2005 6. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR NOVEMBER 2005 7. CITY OF HUTCHINSON INVESTMENT REPORT FOR NOVEMBER 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12862 -RESOLUTION FOR PURCHASE (BIO BAGS, TWO SQUAD CAR REPLACEMENTS, BIO DIESEL) 2. RESOLUTION NO. 12863 -RESOLUTION CLOSING VARIOUS DEBT SERVICE & CONSTRUCTION FUNDS 3. RESOLUTION NO. 12875 -RESOLUTION DESIGNATING LOCATION OF POLLING PLACE AND APPOINTING ELECTION JUDGES FOR THE 2005 CITY OF HUTCHINSON SPECIAL ELECTION 4. RESOLUTION NO. 12876 -RESOLUTION ADOPTING 2006 CITY OF HUTCHINSON FEE SCHEDULE (c) PLANNING COMMISSION ITEM 1. CONSIDERATION OF EXTENSION OF FRASER'S SUBDIVISION PRELIMINARY PLAT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12877) CITY COUNCIL AGENDA -DECEMBER 27, 2005 (d) 2006 LICENSE RENEWALS I. HAULING LICENSE 2. MASSAGE LICENSE 3. TAXI CAB LICENSE 4. TOBACCO LICENSES (e) APPOINTMENT OF JOEL SCHWARZE TO AIRPORT COMMISSION TO SEPTEMBER 2010 (fj CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. S - LETTING NO.10, PROJECT NO.OS- 12 (PLAZA 15 -ADDITIONAL CLASS 5 AGGREGATE BASE MATERIAL) (g) CONSIDERATION FOR APPROVAL OF SUBDIVISION AGREEMENT WITH CORNERSTONE COMMONS Action -Motion to approve consent agenda 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION OF ADOPTION OF UPDATED CRITERIA FOR THE GRANTING OF BUSINESS SUBSIDIES Action -Motion to reject -Motion to approve 7. COMMUNICATIONS, REQUESTS AND PETITIONS 1. ` PRESENTATION BY MARC VAILLANCOURT OF HUTCHINSON CONVENTION & VISITORS BUREAU ON 2003-2004 FINANCIAL STATEMENTS AND 2006 BUDGET Action - UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF COMPENSATION PLAN Action -Motion to reject -Motion to approve (b) CONSIDERATION FOR APPROVAL OF ADOPTING 2006 GENERAL FUND BUDGET (ADOPT RESOLUTION NO. 12868) Action -Motion to reject - Motion to approve 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF AMENDING 457 PLAN (DEFERRED COMPENSATION) DOCUMENT Action -Motion to reject -Motion to approve b. LETTING N0.2, PROJECT N0.06-02 (WATER TREATMENT PLANT). - ORDERING PREPARATION OF REPORT ON IMPROVEMENT - RECEIVING REPORT AND WAIVING HEARING - ORDERING IMPROVEMENT & PREPARATION OF PLANS & SPECIFICATIONS - APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Action -Motion to reject -Motion to approve c. CONSIDERATION FOR APPROVAL OF ITEMS RELATED TO THE TRUNK HIGHWAY 7/22 PROJECT (AMENDMENT NO.3 TO CONTRACT AND MUNICIPAL PROPERTY PURCHASE BY STATE) 2 CITY COUNCIL AGENDA -DECEMBER 27, 2005 Action -Motion to reject -Motion to approve ~d) PRESENTATION. BY KENT EXNER, CITY ENGINEER, ON LOCAL TRAFFIC FLOW & SAFETY OBJECTIVE No action. (e) FIOSCALDYEAR 20006 (OADOPT RE OLUTION NOnI 864)E CAPITAL PROJECTS FUND BUDGET FOR Action -Motion to reject -Motion to approve (fl CONSIDERATION FOR APRPOVAL OF ADOPTING THE 2006 STORM WATER UTILITY BUDGET Action -Motion to reject -Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS 12. ADJOURN • • 3 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 13, 2005 1. CALL TO ORDER - 5:30 P.M. Mayor teve oo ca e e meeting to order. Members present were Bill Arndt, Kay Peterson, Jim Haugen and Casey Stotts. Others present were Gary Plotz, City Administrator, John Rodeberg, Public Works Director and Marc Sebora, City Attorney. 2. INVOCATION -Rev. Todd Ertsgaard, Oak Heights Covenant Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF NOVEMBER 22, 2005 Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2005 2. AIRPORT COMMISSION MINUTES FROM OCTOBER 18, 2005 3. MOTOR VEHICLE MONTHLY REPORT FOR OCTOBER 2005 • 4. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES FROM NOVEMBER 7, 2005 5. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM OCTOBER 24, 2005 6. BUILDING DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2005 7. CITY OF HUTCHINSON INVESTMENT REPORT FOR OCTOBER 2005 8. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR OCTOBER 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12873. -RESOLUTION FOR PURCHASE (POWER SCREEN RENTAL) 2. ORDINANCE NO.OS-0426 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM R1 TO R2 AS REQUESTED BY LOWELL WRIGHT, 1325 JEFFERSON STREET SE (SECOND READING AND ADOPTION) (c) 2006 LICENSE RENEWALS 1. MASSAGE LICENSES 2. PAWN SHOP LICENSE 3. TOBACCO LICENSES (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR HUTCHINSON BASEBALL ASSOCIATION ON FEBRUARY 4, 2006 (e) CONSIDERATION FOR APPROVAL OF PREMISES PERMIT RENEWAL APPLICATION FOR AMERICAN LEGION POST 96 a~~) .CITY COUNCIL MINUTES -DECEMBER 13, 2005 (f) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR DOUG JOHNSON TO ALBUQURQUE, NEW MEXICO FROM JANUARY 22 - 25, 2005, TO ATTEND THE US COMPOSTING COUNCIL (g) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS (h) CONSIDERATION FOR APPROVAL OF PROJECT CHANGE ORDERS - CHANGE ORDER NO. 3 -LETTING NO. 8, PROJECT NO. OS-10 (GOLF COURSE ROAD - ADDITIONAL WORK ON DRAIN TILE AND COORDINATION WITH EXISTING SEWER SERVICE) - CHANGE ORDER N0.4 - LETTING NO.10, PROJECT NO.OS-12 (PLAZA 15 -ADDITIONAL ON-SITE SIGNAGE) (j) APPOINTMENT OF DWIGHT BORDSON TO HUTCHINSON UTILITIES COMMISSION TO DECEMBER 2010 . Items 5(fj and 5(j) were pulled for separate action. Motion by Haugen, second by Arndt, to approve consent agenda with the above noted exceptions. Motion carried unanimously. Item 5(f) had further discussion. Council Member Stotts asked about the costs for this travel request. Doug Johnson, Compost Site Coordinator, explained that registration, courses, room & board, airfare and meals will total .approximately $1500.00. Mr. Johnson explained that this is the only coursework he is aware of through a conference specifically for composting. Mayor Cook noted he viewed the conference material on the US Composting Council's website and the vast majority of the information appears to be very relevant to the operation of Creekside. Motion. by Arndt, second by Stotts, to approve out-of--state travel for Doug Johnson to the US Composting Council. Motion carried unanimously. Item 5(j) had further discussion. Mayor Cook stated that Dwight Bordson is a department manager with Hutchinson Technology Inc. and has served in various management positions. Mr. Bordson should be a great asset to. HUC. Motion by Peterson, second by Haugen, to ratify the appointment of Dwight Bordson to the HUC Board. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. -NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DEMONSTRATION OF PIMS SOFTWARE BY TOM KLOSS, INFORMATION TECHNOLOGY DIRECTOR Julie Wischnack, Director of Planning/ZoningBuilding, presented to the Council on behalf of Tom K1oss. Ms. Wischnack explained that PIMS is a hermit inspection management system. This software tracks permit activity, including permits and inspections, inspection scheduling, business licensing, e-permitting and code enforcement. Ms. Wischnack reviewed the benefits and advantages of this program which include greater efficiency and better customer service. (b) UPDATE ON LIQUOR HUTCH PARKING LOT Kent Exner, City Engineer, and Miles Seppelt, EDA Director, presented before the Council. Mr. Exner explained that faults were noticed in the layout and workmanship of the harking lot almost immediately. Additionally, strength tests have come in very low and are unacceptable. City staff has met with Shingobee Builders, the general contractor, about the concerns. Because of vanous issues, city staff is requesting that the entire parking lot be removed and rebuilt. next summer. Mr. Seppelt updated the Council on the structure. He explained that signage and banners have yet to be installed. By December 19, 2005, the entire store should be entirely laid out and operational. Some flooring 2 ~ ~~-) CITY COUNCIL MINUTES -DECEMBER 13, 2005 has yet to be installed that will be put in place over the next few weeks. Mayor Cook suggested having a sign put upon the east side of the building. • Candice Woods, Liquor Store Manager, updated the Council on her discussions with Life Media, the company that had contacted her regazding the point of sale monitors that were discussed at the last City Council meeting. Based on the direction given her at the last meeting, she had informed Life Media that the City would like a shorter-term contract and Life Media was unwilling to accommodate that. 8. UNFINISHED BUSINESS (a) UPDATE ON DOWNTOWN STREETLIGHTS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the electrical contractor, EIM, has been installrng all of the shorter poles on Main Street. Mr. Exner explained that the tall poles will be arriving tomorrow, however City staff is disappointed with the late arrival of them. Mr. Exner explained that the electrical supplier had provided a shipping schedule which indicated that the tall poles would be shipped. on November 21, 2005. Barry Dixon and Brandon Smith from Hollophane Lighting Company presented before the Council. Hollophane Lighting Company is the manufacturer of the light poles. Mr. Dixon explained that the first phase of the project had been put on hold. Because of that, the second phase, installation of the taller poles, was automatically put on hold. This was not realized until the day before shipment was to occur. Basically, it was an internal error. Mayor Cook asked if a partial refund is given m situations like this. Both Mr. Dixon and Mr. Smith stated that this request will be discussed with management of the company. They stressed the value of the City's business and stated they would remedy the situation as best they could. Mayor Cook noted that a fundraiser commenced eazlier in the year entitled a "Chair-a-thon". This was to raise money for Crow River Arts and the Crow River Area Youth Orchestra. Mayor Cook noted that Shirley Wurdell had purchased one chair-a-table and donated into the City Center. This bench will be placed in City Center's • foyer. 9. NEW BUSINESS (a) RESOLUTION NO. 12860 -RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF UPDATED CRITERIA FOR THE GRANTING OF BUSINESS SUBSIDIES Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that a few months ago, at the last public hearing for adopting criteria of business subsidies, rt was suggested that the hourly rate be increased. This was researched and the EDA Boazd has determined that the poverty level of a familyof four (as determined by the federal government -currently $9.30/hr) should be the wage goal of the industrial criteria. Motion by Peterson, second by Stotts, to approve Resolution No. 12860, calling for a public hearing on the adoption of updated criteria for the granting of a business subsidy on December 27, 2005, at 6:00 p.m. Motion carved unanimously. (b) RESOLUTION NO. 12861 - A RESOLUTION COMMITTING TO PROVIDE LOCAL MATCH FOR DEPARTMENT OF EMPLOYMENT & ECONOMIC DEVELOPMENT REDEVELOPMENT GRANT Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that recently he learned about a redevelopment grant that he felt could be used for the Cornerstone Commons project. This grant must fund a public use for a private development. The dollazs generated from the TIF district will be used for the grant match. Essentially the grant would be used for public pazking in the downtown area. Motion by Stotts, second by Peterson, to approve Resolution No. 12861, committing to providing local match for Department of Employment & Economic Development redevelopment grant. Council Member Haugen requested that the streets indicated in the resolution be defined by direction (i.e. NW). Motion carved • unanimously. ~ l~ CITY COUNCIL MINUTES -DECEMBER 13, 2005 (c) RESOLUT ON NO. 108 O PROVAL OF SETTING 2006 CITY OF HUTCHINSON TAX LEVY (ADOPT Mayor Cook stated that the Truth-in-Taxation hearing was not televised due to a miscommunication with the local access provider, he requested that Ken Merrill, Finance Director, deliver the power point presentation that was given at the heanng. Gary Plotz, City Administrator, presented before the Council. Mr. Plotz clarified that this information covers the general fund budget only. Also, he stated that the adopted budget must be submitted to the McLeod County Auditor. by December 28, 2005. Mr. Plotz explained that the general operating budget and debt service make up the tax levy. Mr. Plotz reviewed the benchmazks that the City Council had set at a Visioning Workshop held in early 2005. These benchmazks include: 1) reducing local government aid revenues to general fund by 10%; 2) restricting rise in general fund levy increase to 5%; 3) implementing afive-yeaz budgeting of revenues and expenses fund levy increase to 5%; and 4) total property tax-.rate position amount 25 regional centers should not increase. The total tax levy being requested for adoption is $5,316,686. Mr. Merrill explained that approximately 43% of a resident's tax bill goes to the City. The remaining goes to the county, school district and other jurisdictions. The tax rate for 2006 is proposed at 57.934% (which is lower than 2005 (59.363%). The general fund budget is proposed at $3.8 million, with special assessment bonds and general obligation bonds proposed at $1.5 million. Mr. Merrill explained that the special assessment bonds include bonds for infrastructure work, such as street including curb, gutter, stormwater, water and wastewater. A repayment is chazged to the benefiting property. Included in the general obligation bonds aze the HATS facility and . bonds paid by the general tax base. Mr. Merrill then explained the 2006 proposed budgeted revenues, of which 37% is made up of taxes. Mr. Merrill then covered the 2006 proposed general fund budgeted expenditures, of which 65% is made up of employee salaries and benefits. The additions to the 2006 proposed general fund budget include additional staffing, implementing city wide mosquito program, adding road maintenance money reducing a bonding need, funding benchmazk budget project, airport state/federal matching funds from unused bond fund and creating a contingency for City Council discretionary adjustments. Lastly, Mr. Merrill covered the Minnesota property tax refund programs, which include a regulaz property tax refund, special property tax refund, and a senior citizens deferral. Mayor Cook noted that an actual $40,000 was put into the contingency fund and $50,000 as a transfer from Creekside. Motion by Peterson, second by Haugen, to approve Resolution No,12870, setting 2006 City of Hutchinson tax levy. Council Member Arndt asked if the tax levy is approved, would that be approving the 4.1% wage adjustment across the board. Ken.Merrill explained the tax levy could be set as proposed, however the allocated dollazs could be shifted. Motion carved unanimously. ~d) AOUTHORITYTTAX LE° Y (ADOPOT RESOLUTION NOG 2800; HUTCHINSON REDEVELOPMENT Ken Merrill, Finance Director, explained that this levy had been presented to the City Council eazlier this year. This levy funds the operations of the HRA. . Motion by Haugen, second by Stotts,. to approve Resolution No. 12871, setting 2006 Hutchinson Redevelopment Authority Tax Levy. Motion carved unanimously. 4 y l0.) CITY CO UNCIL MINUTES -DECEMBER 13, 2005 (e) CONSIDERATION FOR APPROVAL OF COMPENSATION PLAN Brenda Ewing, Human Resources Director, presented before the Council. Ms: Ewing explained that the originally proposed 2006 compensation plan had been presented to the Council at the first meeting in November. The plan presented torsight has not changed from that first proposal. Ms. Ewing further explained that as part of this compensation plan, the 2006 pay grid is included. Additionally, the Wade Committee, comprised ofnon-management staff, directors and two City Council members, meet over a penod of time and recommend a market adjustment to employee wages. Factors taken into consideration include medical and dental insurance premium increases, PERA rate increases, social security adjustments, etc. The Wage Committee is recommending a market adjustment increase of 4.1 % provided that the 2006 budget could support that. Ms. Ewing explained that with a 4.1 % mazket adjustment increase offset by the insurance increases and: other increases, the average employee would be seeing an increase in wage of 2.9%. Council Member Stotts asked how this. proposal compazes to what other entities implementing. Ms. Ewing surveyed other entities and mazket adjustments range anywhere on average from 2 - 4.3%. A few things to keep m mind are that some of these entities have two year contracts and some pay on performance only. Mayor Cook stated that when the proposed 4.1% wage increase is included with other benefits like PERA, workman's comp, social security, medical and dental benefits paid by the city, the total increase would be 4.8%. That compazes favorably to some other recently announced settlements. Mayor Cook suggested having a special City Council meeting prior to the next Council meeting to review the plan m more detail. Motion by Stotts, second by Arndt, to defer approval of the 2006 compensation plan to the December 27, 2005, City Council meeting. Motion carved unammously. Motion by Stotts, second by Arndt, to set special City Council meeting for Monday December 19, 2005, at 4:30 . p.m. to discuss the 2006 compensation plan. Motion carried unanimously. (~ RESOLUT ON NO. 12868 ~PROVAL OF ADOPTING 2006 GENERAL FUND BUDGET (ADOPT Ken Merrill, Finance Director, stated that since the compensation plan was not adopted, the Council may wish to defer this item to the next City Council meeting as well. Motion by Stotts,. second by Peterson, defer this item to the December 27, 2005, City Council meeting. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF ADOPTING 2006 LIQUOR FUND BUDGET (ADOPT RESOLUTION NO. 12869) Ken Merrill stated that this budget also includes a 4.1% wage adjustment, so if the Council wishes to defer adoption, it could do so. Mr. Merrill also stated that the labor services may be able to be adjusted downwazd. Personal services would be adjusted to $432,426. Motion by Arndt, second by Peterson, to approve Resolution No. 12869, adopting 20061iquor fund budget. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF ADOPTING 2006 CENTRAL GARAGE BUDGET (ADOPT RESOLUTION NO. 12872) Motion by Peterson, second by Stotts, to approve Resolution No. 12872, adopting 2006 central gazage budget. Motion carried unanimously. • (i) CONSIDERATION FOR APPROVAL OF WORDING OF CHARTER AMENDMENT BALLOT QUESTION Mazc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that at the last City Council 5 ~~~) CITY COUNCIL MINUTES- DECEMBER 13, 2005 meeting a Special Election was set for Januazy 31, 2006. By state law, the City Council must adopt the language as rt is to appeaz on the ballot. • Motion by Stotts, second by Haugen, to approve wording of City Charter amendment ballot question. Motion carried unanimously. (j) .CONSIDERATION FOR APPROVAL OF SETTING CANVASSING BOARD FOR CITY SPECIAL ELECTION. Mr. Sebora explained that traditionally the results have been canvassed the day after the election. Motion by Peterson, second by Haugen, to approve setting canvassing boazd for City Special Election for February 1, 2006, at 4:30 p.m. Motion carried unanimously.. (k) DOWNTOWN SNOW REMOVAL DISCUSSION John Olson, Public Works Superintendent, presented before the City Council. Mr. Olson explained the time and manpower involved for snow removal operations. This includes 15 pieces of city and contract equipment, 10 city personnel and 4 contract snow haulers. Snow is removed from alleys, parking lots, streets, and sidewalks. Snow removal hours of operation aze generally from 9:00 p.m. to 9:30 a.m. Mr. Olson explained that residential irritants aze a natural part of this operation. These irritants include headlights, backup alarms, increased traffic, engine noise, tailgates, box vibrators and strobe lights. The City currently has four snow storage sites. They aze the "bass pond" site (primary), "railroad" site (supplemental), "Two-Wad Communications" site (mid-season only), "Fairgrounds" site (Rec Center snow) and "Middle School" site (backup site for Rec Center snow). Other potential sites have been identified and should be considered. However other issues to consider aze truck cycle time and distance from the main point of hauling, as well as site prepazation. These two items alone could add an additional $15,000-20,000 per season. • Mayor Cook noted that a complaint had been made by a resident neaz the Erie Street site. John Olson noted this site was started to be used in the last few years because it is industrially zoned, has easy accessibility and has good drainage. Mayor Cook suggested using the "Trail Depot" azea (pursuant to Rail Authority permission) and the pazking lot by Riverside Pazk. John Olson stated that the site neaz the Erie Street residence will only be used this snow season as a last resort and to expedite snow removal operations. Council Member Arndt recommended using the property directly south of Shopko. It was also recommended that the City look into using the public snow dumping site used by private haulers. (1) DISCUSSION OF MOTOR VEHICLE SALES TAX RESOLUTION John Rodeberg, Public Works Director, presented before the City Council. Mr. Rodeberg explained that the Minnesota Transportation Alliance is requesting that the City support legislation to dedicate motor vehicle sales tax to highways and transit systems. The Alliance has provided a sample support resolution for the City Council to consider. Motion by Arndt, second by Stotts, to approve the sample resolution as presented by the Minnesota Transportation Alliance. Motion carved unammously. (m)CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO CONSIDER PROPERTY ACQUISITION (SKYDIVE HUTCHINSON PROPERTY FOR AIRPORT & OTHER USES AND ROLFE PROPERTY NEAR HUTCHINSON MANUFACTURING FOR STREET,UTILITY & OTHER PUBLIC DEVELOPMENTS) Motion by Arndt, second by Haugen, to go into closed session to consider property acquisition for municipal purposes at 8:00 p.m. Motion carned unanimously. . Motion by Stotts, second by Peterson, to reopen the regulaz session at 9:00 p.m. 6 ~ ~a) CITY CO UNCIL MINUTES -DECEMBER 13, 2005 10. MISCELLANEOUS (a) COMMUNICATIONS Jim Haugen -Council Member Haugen commented on the installation of the. light poles downtown. Bill Arndt -Council Member Arndt commented that the snowmobilers are disobeying city ordinances. He encouraged them to comply and for the police department to do their best to enforce it. Kay Peterson -Council Member Peterson thanked the Burich Foundation for a donation to the fire department for projection lights for Life Link helicopters. Casey Stotts -Council Member Stotts stated he received a telephone call from Lisa Hicks who is dart of the No Smoking Coalition. She informed Council Member .Stotts that the McLeod County Commissioners had discussion about a No Smoking Ordinance today. Council Member Stotts also commented on the holiday lights downtown. Steve Cook -Mayor Cook noted that there is information out on the City's web site encompassing the work of the Hospital Privatization Task Force. In addition a book of matenals has been put together and will be available for check out at the City Center and the Public Library. In addition, videotapes of all the Task Force meetings are available for check-out. Mayor Cook also noted that the show, "Made in America" will be airing a show where the 3M plant was featured for their Scotch tape manufacturing. 11. CLAIMS. APPROPRIATIONS AND CONTRACT. PAYMENTS Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion carried unanimously. ~,. ADJOURN With no further business to discuss, a motion was made by Stotts, seconded by Peterson, to adjourn at 9:20 p.m. Motion carried unanimously. • 7 ~ ~-~ ~}HUTCHINSON AIRPORT COMMISSION November 17, 2005 5:30 p.m DRAFT Airport Arrival/Departure Building Minutes Members present: Dave Skaaz, Chuck Brill, Doug McGraw Members absent: Dick Freeman, Open seat Others Present: John Olson, City of Hutchinson; Tom Pazker, Hutchinson Aviation; Tim Miller, Robert Hantge Meeting was called to order at-5:30 p.m There was a quorum of members present. 1. Approve Minutes of October 18, 2005 meetine Motion made by Brill, second by McGraw to approve October 18, 2005 minutes, with corrections. Unanimous approval. 2. Review 2005 Capital Improvement Program Olson reviewed the 2005 Airport Improvements with Commissioners. Fueling Project: Anticipate delivery of the fuel tank November 18. At the next City Council meeting, a change • order, with a net deduct of $7,444 will be presented for approval. A deduct of $9,500 is for the use of existing Cardtrol system and an addition of $2,056 is for installation of additional tiling, rock, backfill on project-related to installation of wiring and concrete tank base. .Electrical Project: Conversations with Quade Electric indicate that installation of equipment will take place in late November. Project Finances: Olson reported that the City Finance Department has been given copies of the appropriate federal and state grant agreements, along with appropriate forms for receiving reimbursement. 3. Review private and/or commercial operations activity Commissioners reviewed the resolution passed by the City Council relative to their recommendation to purchase the Skydive Hutchinson property. The resolution passed by City Council address the desire to acquire the property and approved appraisal. General discussion was held relative to other potential activities at the site that would be acceptable. 1) Commissioners recommended that City staff consider whether a purchase agreement contingent upon, receiving financial assistance from the Federal Aviation Administration (FAA) and State Office of Aeronautics (Mn/DOT) would be appropriate, and if so, what amount of earnest money would be appropriate. 2) A question was raised whether the property, including the building, could be better developed into a private hangar pazk, which could possibly place the property into the category of hangar space, which has a potential for being funded at 95%, rather than only having a portion of the existing building which could be considered Snow Removal Equipment storage be funded by FAA. 3) Commissioners recommended that City staff consider whether a project be developed to remove the taxi lane accessing the current property and have the project assessed to the Skydive Hutchinson property so if a private party were to purchase the property, there would be no cost to the airport for removing the taxi lane. 5(~> Hutchinson Airport Commission Minutes November 17, 2005 5. Operational Issues Olson informed Commissioner regarding the three responses received relative to hangar inspections conducted earlier this yeaz. Olson updated Commissioners relative. to the status of the Conditional Use Permit application to the Joint Planning Staff fora 199' Tower installation at 20716 Hwy 7 W, Hutchinson. The concern from Mr. Jim Lauer, a member of the Joint Planning Staff, was that precision approach/departures be protected. Precision approaches/departures are not on the 5-year C1P, nor aze there plans to significantly alter the existing traffic patterns at the airport, so the proposal for the tower will proceed. There are no obstructions to existing traffic patterns as a result of the installation of the proposed tower at that site. 6. Other Discussions Old Business Mayor Cook has appointed Mr. Dick Freeman as an Airport Commissioner. Mr. Jeff Lux has expressed his regrets, but must resign. Commissioners aze to recommend potential Airport Commission members to Mayor Cook. Presentation of print to Ken Butler's wife. No action. Olson shared an excerpt from the developers' agreement from Ravenwood, indicating that the development was in the path of the airport, and that potential airport noises could be expected. This has historically been the manner in • which developers/property owners are made awaze of their development in or near flight paths. New Business Consideration of Airport-sponsored seaplane base (with Roberts Pazk as base). Robert Hantge and Olson presented relative to the potential public sponsorship of a seaplane base at Roberts Pazk. Mr. Hantge had already done much of the groundwork for the license application, which was shared with Commissioners. A motion by Brill, second by McGraw, to direct staff to pursue application for a seaplane base license, said seaplane base being under the control of the Hutchinson Airport Commission. Unanimous approval. At 6:35, a motion to adjourn was made by McGraw, second by Brill. Unanimous approval. NEXT MEETING: Thursday, December 15, 2005 5:45 p.m 5~~) I V` C./ • Hangar Building # 2 Off ice 8 1 .Tom Parker C.A.P. FBO Hangar 2 7 Henry Kathy Reiner Bishman 3 6 Triple D Aviation Tim Miller Bob Pflipsen 4 5 Cliff Tom Kieper Parker Enclosed $55.00 Residential $65.00 Out of City 41' X 32' Hangar Building # 1 Shop Repair and Maintenance 9 18 Boy Scout Tri Pacer Explorers Flying Club ,I,~ Miller Tim Miller 10 17 Ed Jeff Klima Lux 11 16 George Dan Lhotka Sorenson 12 15 Dick James Freeman Mona 13 14 Charles Todd Brill Walters 00 Open $33.00 Residential $38.00 Out of City #00-$10.00 41' X 32' Hangar Building # 3 2 3 4 A A Bernie Jim Faber Tim 1 Knutson & Miller 5 Lynn Card Dick Nagy Tom Joe Parker g 7 6 Dooley John Miller M'Cloud Jerry Robert Aviation/ Jensen Hantge B Reflections Enclosed #2, 3, 4, 6, 7, 8 $93.00 Residential $100.00 Out of City 44' X 36' #1 & #5 $162.00 Residential $172.00 Out of City 54' X 52' Storage Spaces A & B $47.00 Last updated: October 18, 2005 I:/PUBLIC WORKS/AIRPORT/Hangars&Private Hangars/Airport Map • • • CITY OF HUTCHINSON HUTCHINSON MUNICIPAL AIRPORT PROPOSED 2006 RATE ADJUSTMENTS nnua ropose ropose ~ .. ,,,,,~ ~~~w, Width in Depth in :Total CurrentM Curren Cost pe 2006 Rate Proposed Proposed aee r, Monthly ~ `. S d ~ feet fee -Square - onthly `Months Square per`Sq F Annual Monthly Rent Rent 2006 M~k)~~ Hangar (rough) (rough) Fee Ren per yea Annual Ren Foo - (3.0%) Rent 2006 2006 -Actual Rounded ~~~ e ~ •~ Hangar #2 -City ` Resident 41 32 1,312 $55.00 12 $660.00 0.5030 0.52 682.24 56.85333 X57.00 , , '~ Hangar #2 -Out ~ of City 41 32 1,312 $65.00 12 $780.00 0.5945 0.57 747.84 62.32000 ~ X62.00 ~ Hangar #1 -City Resident 41 32 1,312 $33.00 12 $396.00 0.3018 0.31 406.72 33.89333 X34,00 `~ ~ ~ a Hangar #1 -Out ~~~' of City 41 32 1,312 $38.00 12 $456.00 0.3476 0.36 472.32 39.36000 :~39.D0 >?;~~ ~~ ~~ Hangar #3 -City 't' Resident 44 36 1,584 $93.00 12 $1,116.00 0.7045 0.73 1156.32 96.36000 }96;G~ . ~ Hangar #3 -Out ~_,.. ofCit 44 36 1,584 $100.00 12 $1,200.00 0.7576 0.78 1235.52 102.96000 X103.00 Hangar#3 (1,5) ~~+ City Resident 54 52 2,808 $162.00 12 $1,944.00 0.6923 0.71 1993.68 166.14000 $166.Op '~ - x~ Hangar #3 (1,5) ,~ r Y'' Out of City 54 52 2,808 $172.00 12 $2,064.00 0.7350 0.76 2134.08 177.84000 $175.00 ~' », Storage Garage n/a n/a n/a $47.00 12 $564.00 n/a $49/mo. $588 $49/mo. ,.~; $49,Q0 '~ P ~./ :K PIONEERLAND LIBRARY SYSTEM REVENUE AND EXPENDITURE REPORT OCTOBER 31, 2005 HUTCHINSON • M-T-D - Y-T-D °k OF % OF AMOUNT AMOUNT BUDGET BUDGET YEAR REVENUE: UNRESERVED/DESIGNATED FOR WORKING CAPITAL CITY OPERATING CITY AUTOMATION COUNTY OPERATING COUNTY AUTOMATION CHARGES, FINES COPIES (COPIER, FAX, COMPUTER) GIFTS BOOK SALES OTHER TOTAL REVENUES EXPENDITURES: SALARIES HEALTH INSURANCE PAYROLL TAXES BOOKS PERIODICALS VIDEOS TELEPHONE POSTAGE NEW EQUIPMENT MAINTENANC EICONTRACTS UPPLIES/PRINTING ROMOTIONALIPROG RA MS/ADS INSURANCE(WORK COMP/CONTENTS/LIABILITY) PROFESSIONAL FEES (AUDIT) BOOKKEEPING/OVERDOES CONT ED/MTGS/MLGE SALES TAX AUTOMATION SERVICES TOTAL EXPENDITURES UNRESERVED/DESIGNATED FOR WORKING CAPITAL 0.00 128,909.29 128,909.00 100.00% 26,013.50 104,054.00 104,054.00 100.00% 3,068.25 12,273.00 12,273.00 100.00% 12,148:94 48,622.14 49,670.00 97.89% 1,670.25 6,681.00 6,681.00 100.00% 541.60 5,248.34 6,400.00 82.01% 465.20 3,093.30 3,000.00 103.11°k 37.81 1,422.71 1,500.00 94.85°k 0.00 0.00 0.00. 0.00% 12.50 500.45 1,000.00 50.05% 43,958.05 .310,804.23 313,487.00 99.14% -9,043.61 -92,516.26 -355.76 -3,735.48 -1,088.39 -11,157.32 -2,257.59 -22,895.91 -8.45 -3,388.83 -0.00 -237.25 -27.12 -242.92 -0.00 -134.00 -2,298.40 -2,951.40 -0.00 -0.00 -107.99 -1,147.87 -0.00 -852.72 -0.GO -1,380.59 -0.00 -0.00 -305.28 -3,225.48 -24.25 -244.63 -0.00 -0.00 -1,579.~fl -15,795:00 -122,000.00 -75.83% -4,624.00 $0.78% -16,136.00 -69.15% -29,000.00 -78.26% -4,499.00 -75.32% -1,434.00 -18.54% -420.00 -57.84% -200.00 -67.00% -6,000.00 -49.19% -1,428.00 0.00% -2,080.00 -55.19•k $00.00. -106.59% -1,800.00 -75.59°k 150.00 0.00% x,200.00 -Y76.80% -500.00 -48.93% -250.00 0.00% -18,954.00 -83.33% -17,098.32 -159,885.44 28,861.73 151,118.79 a: l V. j • -214,475.00 -74.45% 99,012.00 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 83% 5~~ • BOARD OF DIRECTORS MEETING -November 15, 2005 Hospital -Conference Room A/B Members present were: Wayne Fortun, Chairperson; Mike Mueller, Vice Chairperson Sherry Ristau, Secretary; Steve Snapp Trustee; Kay Peterson, Trustee; Bernie Knutson, Trustee; and Dr. Al Lira, Chief of Staff. Others present were: Philip Graves, President; Robyn Erickson, Care & Programs Division Director, Jane Lien, Acute Care Division Director; Pat Halverson, Community Care Programs Division Director, Cary Linder, Foundation Director; Elaine Schermann, Quality Resource Representative; Doug Hanneman, Hutchinson Leader; and Corrinne Schlueter, Recorder. Chairperson Fortun called the meeting to order at 5:34 PM. Consent Atenda Chairperson Fortun reviewed the following consent agenda items. The agenda was as follows: 1. Past Meetin Minutes October 18, 2005 2. Statistical Re ort s crate attachment 3. Financial Re ort October 2005 4. Accounts Pa ble and Cash disbursements (October 2005 5. Auxili Meetin Minutes (October 2005 • Following discussion, Peterson made a motion, seconded by Knutson, to approve the consent agenda as presented. All were in favor. Motion carried. 1. New Business. A. Medical Executive Committee Meeting Minutes & Credentialing. Lira provided a report on the recent Medical Executive Committee Meeting. The following practitioners were recommended for membership to the Medical Staff. Initial Craig Hall, CRNA Anesthesia Gregory Mellesmoen, CRNA Anesthesia Reappointment. Francis Hobson, MD Michael Merck, MD James Mona, DO Dennis Murphy, DO Stacy Nichols, MD Dean Nissen, MD Otolaryngology Ophthalmology Emergency Med. Family Medicine Psychiatry Family Medicine Allied Health Indep. Allied Health Indep. Active Active Active Active Active Active 5~~~ Boazd of Directors Meeting Page two November 15, 2005 HC Remucal, MD Leone Ritz, MD Eugenio Siruno, MD Christopher Wallyn, DO Resignations: Keith K:arnmrath, DC Eric Johnson, MD General Surgery Active Pathology Active General Surgery Active Ophthalmology Active Chiropractor Psychiatry ~ Following discussion, Lira made a motion, seconded by Ristau, to grant membership and privilege and to accept resignations of the above listed practitioners as recommended by the Medical Executive Committee. All were in favor. Motion carried. B. Personnel Committee. Ristau reported the Personnel Board had met to discuss Compensation 2006. It was noted that Allina's Compensation Plan for 2006 has not yet been finalized. As HAHC's compensation program is patterned after Allina's there is no information from which to make 2006 recommendations at this time. When available, compensation recommendations will be presented to the Budget Committee. Ristau reported on the preferred option for changes in the health insurance plan. The Single Plan deductible will change from $250 to $350 per year. The Family Plan deductible will change from $500 to $700 per yeaz. The out-of-pocket maximums will change from $1100 to $1250 for the Single Plan and from $2200. to $2500 for the Family Plan. The prescription co-pay will change from $20 to $25 per prescription. HAHC will again take 60% of the overall premium increase amount with the employee taking 40% of this increase. This will provide an approximate $Slmonth increase to the employee premium for the Single Plan and an approximate $12/month increase to the employee for the Family Plan.. A decrease from $2000 to $1500 annual benefit is recommended in the dental insurance plan. Using the 60/40 method above, this will amount to an approximate $1.05/month increase to the employee for both the Single and Family Dental Plan. The committee also recommended atwo-month grace period in the Section 125 Plan which allows participating employees to file claimsand be reimbursed, for two months, into each new calendaz yeaz per the updated IRS ruling. Jl~=~ Board of Directors Meeting Page three November 15, 2005 • Following discussion, Ristau made a motion, seconded by Peterson, to approve the proposed plan adjustments for health, dental and the Flexible Benefit Plan as recommended by the Personnel Committee. All were in favor. Motion carried. Graves lead a discussion regarding proposed changes to the document which delineates the role of the Personnel Committee. The changes were made by legal council based on the intended function of the committee. The proposed redlined version, along with a "clean copy" was circulated to the members. Following discussion, action was deferred until the December meeting so that members could take time to reflect on the recommended changes. C. Safety Report. Halverson reported on a recent drill by the Regional Agency in anticipation of a Pandemic Influenza outbreak. A failure modes and effects analysis (FMEA) was carried out related to an expected generator failure at the Nursing Home. The scheduled power outage went without incident. An infant abduction drill was held in September. All entrances and exits were covered well during and immediately after the code were announced. The policy was updated to reflect the evaluation of the drill. • Following discussion, motion was made by Mueller, seconded by Knutson, to accept the Safety Report as presented. All were in favor. Motion carried. D. Medical Staff Development Committee Meeting_ Mulder reported two members of the board met with physicians of HMC to discuss the Physician recruitment focus for the following year based on Community need (see attached minutes). The use of a Physician Demand Analysis was referenced as the methodology in creating the recruitment focus. The gaps in Physician coverage which were identified are: Two General Surgeons, One Internal Medicine Physician, One Family Medicine Physician (Main Clinic), One Family Medicine Physician (Dassel Clinic), One Oncologist, and One Orthopaedic Surgeon. Additionally a revised Recruitment Agreement was explained which provides a level of HAHC commitment in financing the recruitment efforts of new practitioners to the community through HMC. It was explained the • 5 ~~ ~' Board of Directors Meeting Page four November 15, 2005 expense sharing arrangements changed with Stark Amendments in July 2004 and as a result the financial relationship needed to change with HMC. In the future HAHC will assume 100% of recruitment expense and other expenses through a Joinder Addendum only as it relates to the addition of HMC physicians. Also, the committee recommended HAHC contribute up to $90,000 for a three year recruitment and retention commitment for a Family Medicine Physician at HMC. Snapp made a motion seconded by Fortun to accept the recommendations of the Medical Staff Development Committee. All were in favor. Motion Passed. II. Reports. President. Graves reported on the plan to create a room in the Nursery for intensive monitoring and treatment of newborns. Also he reported on progress for planning the Surgery Abatement project. Both could be started and completed in February. Acute Care. Nothing further to report. • Care and Program Support. Erickson reported we have a new athletic trainer. There is different signage in the organization. Artwork is still pending in some of the areas. An Orthopaedic Marketing Plan is being developed. Community Care Programs & Services. Halverson reported on activities in Homecare, Connect Care, and Birchwood. Finance, Information & Material Services. Larson reported on work with SISU to advance the electronic health record. Medical Affairs. Nothing further to report. Foundation. Linder reported the Foundation is having their annual planning retreat at the Event Center on January 18, 2006, from 1:00 - 4:00 pm, and the Governing Board is invited to attend. Anew donor recognition wall is located in the lobby. Patient Safety. Schermann reported on an all day retreat which is scheduled with staff on quality and patient safety activities. within the organization. ~~-~~ Board of Directors Meeting • Page five November 15, 2005 Allina. Brian Weinreis reported Allina continues with the automated medical record installation at Abbott/ Northwestern. The next hospital to go live will be New Ulm. The New Ulm clinic went live on September 15`s. New Ulm will also be designated as a critical access hospital. Weinreis also reported on the Allina move to Midtown Exchange in December. Peer Review. Chairperson Fortun introduced the next item on the agenda and stated because of the confidential nature of the Peer Review, a recommendation is being made to close this portion of the meeting. • A motion to "close" the regular meeting was made by Knutson, seconded by Snapp. All were in favor. Motion carried. At this point, the Board of Directors, Phil Graves, and Dr. Steve Mulder moved the meeting to Conference Room C. • Motion was made by Peterson, seconded by Snapp to open the special meeting of the boazd of Directors. All were in favor. Motion passed. • Chairperson Fortun introduced Dr. Mulder to present a report on findings and recommendation of Peer Review activities of the Medical Executive Committee. • Following presentation and discussion of the report, a motion was made by Knutson, seconded by Mueller to accept the report and recommendations of the Medical Staff Committee regazding Peer Review activities. All were in favor. Motion Passed. • Following conclusion of the Peer Review report, a motion was made by Ristau seconded by Snapp to adjourn the closed meeting of the boazd. All were in favor. Motion passed. • A motion was made by Peterson seconded by Mueller to open the regulaz meeting of the board. All were in favor. Motion passed. Fortun asked if there was additional business to consider, and hearing none, Snapp made a motion, seconded by Lira to adjourn the regulaz meeting. The meeting was adjourned at 7:45 P.M. 5C~3 ~ Boazd of Directors Meeting Page six November 15, 2005 Respectfully submitted, ~~ Corrinne Schlueter Recorder • Sherry Ristau Secretary ~~ ~ MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, December 20, 2005 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with the following members present: John Lofdahl, Jim Haugen, Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Absent: None Also present: Julie Wischnack, AICP, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) .Consideration of Minutes dated November 15, 2005 Ms. Otteson moved to approve the minutes of November 15, 2005 as submitted. Seconded by Mr. Flaata, The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF AMENDMENT TO THE ORDINANCE REGARDING LOT COVERAGE IN THE R1, R2 AND R3 DISTRICT SINGLE AND TWO FAMILY Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7412 as published in the Hutchinson Leader on December 8, 2005. Ms. Wischnack commented on the discussion from last month not to change the definition. Count the structures only when calculating the . coverage. Barr Engineering wrote stormwater plan and are here to explain the plan.. Mr. Exner commented on the staff discussion and that they are uncomfortable with increasing the lot coverage. The plan was written in 1996. Since then .three regional ponds have been constructed. Bob Obermeyer, Ban- Engineering, will explain the plan. Discussion of how often the plan is updated. Mr. Exner stated the construction of the ponds are sometimes assessed by the City and sometimes the development pays for the ponds and are credited for the pond. Discussion of the danger of the ponds and -the large regional ponds as opposed to the several smaller ponds. Mr. Exner explained the types of ponding. He stated the City has an easement to the pond but the ponds are located on the platted lot. Atty. Sebora stated there ponds are owned . • by the property owner. Mr. Exner explained requiring the ponds. ~~~`~ Minutes Planning Commission -December 20, 2005 Page 2 Mr. Bob Obermeyer, Barr Engineering, reason for ponding is to cut down the size of the infrastructure. Benefits of the management plan based on altimate management conditions. How much hard surface. The plan is -based on the amount of hard surface. Level of service and .level of protection. Provide uniform design standards across the City. All, hardsurface was used. Discussion on the recommended coverage and the change proposed. Mr. Obermeyer commented on the doubling of coverage in the higher density zoning districts. Provide a uniform level of protection within the City. Discussion of the reason to address coverage and enforcement for single family and multi-family. Ms. Wischnack commented on the recent single family lot coverage issue creating a drainage problem. There was discussion on how to determine the percentage of coverage and shedding of water and what the percentage should be. Development generates more water volume to the river. Ms. Wischnack stated the Corps of Engineers study was done in the 90's to determine elevations. She explained the process of approving the elevations when there is an application for a building permit. Must follow what the engineers have designed for. Staff does review the elevation of the grading plan. Discussion followed on the need for requiring an as built after survey. • Mr. Exner stated the MPDS permit requires updates unless the land use plan changes there is no need to change the Stormwater plan. Discussion on the overloading of the ponds. Mr. Exner stated the city monitors the ponds during storm events. Ponds are recertified every 20 to 25 years or if there is greater runoff. Mr. Lofdahl stated he would recommend a 40% coverage and not grant variances. Discussion of changing the definition. Mr. Lofdahl stated the definition could remain as the structures. Definition must be solid. Mr. Obermeyer explained 40% may not impact if there are a few units. There could be a problem if there is significant increases. Mr. Brandon Fraser, 510 Jackson St., commented on the potential issues of R1 coverage with larger garages. The trend may be overloading the runoff. Mr. Haugen made a :motion to close the hearing.. Seconded by Mr. Currimbhoy the hearing closed at 6:30 p.m. Mr. Lofdahl commented. on the definition of the coverage calculations. Ms. Wischnack explained the method of calculating the coverage today. Mr. Haugen asked about a disclaimer to have an engineering sign-off. Discussion of what happens in the older part of town. Atty. Sebora commented on the true hardship which must be demonstrated by the property owner. Ms. Wischnack will take 5 permits in the older part of town. And present at the next meeting ~C~Jy Minutes Planning Commission -December 20, 2005 Page 3 Mr. Haougen made a motion to recommend table to January of the request with staff recommendations. Seconded by Mr. Hantge, the motion carried unanimously. Will be readvertised next month. b) CONSIDERATION OF ORDINANCE EXEMPTING THE CONDITIONAL .USE PERMIT REQUIREMENTS FOR MOVING HOUSES IN THE CITY LIMITS FOR THE HOUSES ALONG THE HWY 7 CONSTRUCTION AREA Chairman Kirchoff opened the hearing at 6:40 p.m. with the reading of publication #7413 as published in the Hutchinson Leader on December 8, 2005. Ms. Wischnack explained the concern of moving houses along the Hwy construction area and the length of the conditional use permit process. It still needs a moving permit. Ordinance would end in 2008. Mr. Exner explained the bidding process for the houses. The MNDOT bidd approval process will be complete in April Ms. Wischnack commented on the demolition process and permitting and abandonment of services. There is a potential of 15 houses being moved. Some of the accessory buildings also could be .moved. 2008 would deal with staging. Discussion of giving a handout to MNDOT in the bidding process. Ms. Otteson made a motion to close the hearing. Seconded by Mr. haugen the hearing closed at 6:50 p.m. Ms. Otteson made a motion to recommend not to exempt the Hwy construction process for conditional use permits to move structures. Seconded by Mr. Hantge, the motion carried unanimously. 4. NEW BUSINESS a) CONSIDERATION OF A ONE LOT SKETCH KNOWN AS JENSEN ADDITION SUBMITTED BY NEIL JENSEN Ms. Wischnack commented on the proposed sketch. Discussion followed on the proposal and the staff recommendation to plat the entire property into one lot. b) CONSIDERATION OF EXTENSION OF ERASER'S SUBDIVISION PRELIMINARY PLAT Ms. Wischnack explained the requirement to extend the preliminary plat one year from the 27~' of Dec. Mr. Lofdahl abstained. Mr. Haugen made a motion to approve the request. Seconded by Mr. Flaata discussion followed. Ms. Wischnack stated the vacation of Honey Tree Rd must be petitioned by both property owners. The abutting property owner must 5~~y Minutes Planning Commission -December 20, 2005 Page 4 also sign for the vacation of the "as-traveled" road. The motion carried unanimously. c) DISCUSSION OF ZONING CHANGES ALONG THE HWY 7 CORRIDOR Ms. Wischnack explained this is an informational discussion of the potential use of property along the Hwy 7. She stated there must be an intense landuse plan. There is a possibility of houses turning into offices. The Planning Commission is to express your concerns and ideas. Ms. Wischnack stated this could be a 6 month process. d) UPDATE ON WATER TREATMENT PLANT PROGRESS Ms. Wischnack revisit of the landscaping plan of the water treatment plan. Mr. Exner explained the landscape plan design. Earthtec provided rederings of the landscape plan. Mr. Exner commented on the elevation of the tank and the building. Discussion on the need for extensive landscaping to buildings not open to the public. The landscaping design is included in the bid. The location dictated the discussion of buffering. There will be 50 feet from the Hwy road edge to the tank. Discussion of screening on the front of the tank. Consensus of the Planning Commission to return with a new rendering after we see the bid results. Bid with different options. 5. OLD BUSINESS Applebee's parking requirement review. 3M screening for new devemopmement 6. COMMUNICATION FROM STAFF 7. ADJOURNMENT There being no further business the meeting adjourned at 7:30 p.m 5~~~~ .~ Hutchinson Housing & Redevelopment Authority Regular Boazd Meeting Tuesday, November 1 S, 2005 • Minutes 1. CALL TO ORDER: Chairman Casey. Stotts called the meeting to order. Members Present: Becky Felling, Joel Kraft, and Dan Carlson. Staff Present: Jean Ward, and Judy Flemming. 2. INTRODUCTION OF NEW HRA BOARD MEMBER -JOEL KRAFT 3. MINUTES OF THE HRA BOARD MEETING ON OCTOBER 18, 2005 Dan Carlson moved to approve the Minutes as written. Becky Felling seconded and the motion carried unanimously. 4. FINANCIAL REPORTS Joel Kraft moved to approve the City Center Financials. Dan Carlson seconded and the motion carried unanimously. Dan Carlson moved to approve the Park Towers Financials. Becky Felling seconded and the motion carried unanimously. 5. APPOINTMENT OF BOARD MEMBER TO LOAN REVIEW COMMITTEE Dan Carlson moved to appoint Joel Kraft to the HRA Loan Review Committee. Becky Felling seconded and the motion carried unanimously. 6. PARK TOWERS a. Jean Ward reviewed with the Boazd a memorandum of the 2005 revisions of the Park Towers Budget. Dan Carlson moved to approve Resolution #OS-15 November 15, 2005 Budget - Revision-- Becky Felling seconZt~tt and t1'~e~ati6n~cti~znanimously. b. Joel Kraft moved to approve Resolution #OS-16 Approving Change Order #8. Dan Carlson . seconded and the motion carried unanimously. • c. Jean Wazd updated the Boazd about the stocks. Becky Felling moved to approve Resolution #OS-17 Approving to Sell USA Mobility Shazes. Dan Carlson-seconded and the motion carried unanimously. d. Jean Ward reviewed with the Board the new operating fund formula. 7. HHPOP a. Casey Stotts moved to approve HHPOP Loan #8813 contingent upon Joel Kraft's review and approval. Dan Cazlson seconded and the motion carried unanimously. b. Becky~Felling moved to approve to execute the CRV Fund Agreement 9-2005-12-CRV. Dan. Carlson seconded and the motion carved unanimously. 8. FRANKLIN-GROVE NEIGHBORHOOD PROJECT UPDATE a. Dan Carlson moved to approve Franklin-Grove Neighborhood SCDP Loan #8680-27 contingent upon Joel Kraft's review and approval. Becky Felling seconded and.the motion carried unanimously. 9. SCHOOL. CONSTRUCTION PROGRAM Jean Ward told the Board that a~ realtor that has a son in the School Construction Program would like to sell the current house under construction. Jean asked the Board if they would like an RFP sent opening up the opportunity to anyone that is interested. The Boazd agreed with the idea. i 0. ADJOURNMENT There being no other business, Chairman Casey Stotts declared the meeting adjourned. • Becky Ward, HRA Executive Director s~~ • • • 2005 CITY OF HUTC HINSON FINAN CIAL REPORT 2005: NOVEMBER ~--- - REVENUE REPORT -GENERAL 2004 NOVEMBER 2005 NOVEMBER 2005 YEAR TO 2005 ADOPTED 2005 BALANCE NOVEMBER! ERCENTAGE I YTD MONTH ATE ACTUAL BUDGET REMAINING USED TAXES 1580046.95 1,668,204.77 3,618,290.00 1,950,085.23 46.1D% LICENSES _ 39217.25 2,827.00 .40,387.21 44,900.00 4,512.79 89.95% .PERMITS AND FEES ~ 448620.5 43,535.72 399,821.12 292,500.00 107,321.12 136.69% `INTERGOVERNMENTAL REVENUE 1809301.37 12,952.25 1,488,401.05 2,369,536.00 881,134.95 _62.81%i jCHARGES FOR SERVICES _ jFINES B~fORFEITS ~- 1488843.46 48848.93 59,357.23 4,299.97 1,082,800.08 50,668.26 1,482,195.00 68,000.00 399,394.92 17,331.74 73.D5%1 74.51% SALES -499.33 4.95 'INTEREST -5096.85 167.55 13,332.86 40,000.00 53,332.86- -33.33% REIMBURSEMENTS 122997.46 49,450.71 194,746.36 284,063.00 89,316.64 68.56% }TRANSFERS 832116.08 4,643.75 790,947.41 1,546,000.00 755,052.59 51.16% SURCHARGES -BLDG PERMITS 2153.96 . 1,159.66 2,734.35 2,734.35 0.00% TOTAL 6,366,549.78 178,393.84 5,705,372.80 9,745,484.00 4,040,106.25 58.54% ~ - ,_ 2005 I~NOVEMBE R - 2004 CITY OF HUTC 2005 HINSON FINAN 2005 CIAL REPORT 2005 2005 2005; NOVEMBER; EXPENSE REPORT -GENERAL NOVEMBER NOVEMBER YEAR TO ADOPTED BALANCE ERCENTAGE '_ YTD MONTH ATE ACTUAL BUDGET REMAINING USED { 001 MAYOR & CITY COUNCIL 48,957.00 5,779.74 56,061.58 56,440.00 378.42 99.33%j 002 CITY ADMINISTRATOR 220,910.88 27,923.55 251,768.14 298,571.00 46,802.86 84.32% 003 ELECTIONS 10,709.96 25.84 570.56 8,600.00 6,029.44 8.64% j 004 FINANCE DEPARTMENT 349,389.98 38,513.01 393,537.88 500,551.00 107,013.12 78.62% 1005 MOTOR VEHICLE 170,316.71 23,003.07 178,169.39 216,626.00 38,456.61 82.25%'i 006 ASSESSING 39,457.00 ___ 44,216.00 46,000.00 1,784.00 __ _ _ .96.12%i f 007 LEGAL 152,926.99 19,186.51 182,490.56 164,446.00 (18,044.56 __110.9_7%? __ 008. PLANNING ___ 149,564.32 22,831.56 173,068.93 ; 172,156.00 _ (912.93) _ _ 100.53% 009 INFORMATION SERVICES 114,544.23 17,484.10 134,556.38 7 176,299.00 _ 41,742.62 _ ___76.32% 110 POLICE DEPARTMENT 2,153,827.06 327,407.93 2,326,320.63 2,595,114.00 268,793.37 _ _ 89.64%' 115 EMERGENCY MANAGEMENT 5,141.83 716.53 18,998.14 12,000.00 (6,998.14) _1.58.32%i 1 116 SAFETY COMMITTEE _____ 120 FIRE DEPARTMENT _ 337,600.67 _____ 53.25 53,604.64 8,798.99 ~ 396,518.59 18,947.00 405,631.00 10,148.01 9,112.41 __ 46.44% 9_7.75% __ __ _ 130 PROTECTIVE INSPECTIONS 190,301.48 _ 19,637.51 179,607.04_ __226,960.00 __ 47,352.96 _ _____ 79.14_%' 150 ENGINEERING C------ 152 STREETS & ALLEYS _ 422,369.07 696,522.45 __ _ 52,736.38_ 111,886.77 __ 534,314.27 780,553.93 ___ 549,137.00 873,668.00 14,822.73 93,114.07 ____97 30% __ _ _ 89 34%'. _ 160 CITY HALL BUILDING __ 201 PARK/RECREATION ADMINISTf '. 202 RECREATION ~ ___ _ _ ~ 109,747.11 ~__ 153,513.58 ~ 176,748.28 _ ~ 16,166.53 __ 17,790.72 8,716.32 128,195.16 176,534.50 181,996.50 _ __141,475.00 __185,712.00 190,838.00 13,279.84 9,177.50 _ 8,841.50 _____90.61%. _ 95.06%i ___ 95.37%': 't 203 SENIOR CITIZEN CENTER ~ 57,897.36 _ _ 6,754.44 i 59,397.36 66,828.00 7,430.64 __88.88%' ~ 204 CIVIC ARENA 247,679.27 43,652.68 253,255.96 288,549.00 35,293.04 87.77%: '. j 205 PARK DEPARTMENT 797,606.79 84,458.58 885,665.03 879,866.00 5,799.03 100.66% 206 RECREATION BUILDING & POO 080.16 108 9,555.90 118,205.56 119,417.00 1,211.44 98.99%' 207 EVENTS CENTER , 153,262:39 19,475.95 176,353.76 208,930.00 32,576.24 84.41% 208 EVERGREEN BUILDING 9,645.63 2,019.60 11,918.24 14,250.00 . 2,331.76 83.64% 250 LIBRARY 139,422.21 4,099.60 148,436.14 155,546.00 7,109.86 95.43%~ 301 CEMETERY 106,555.99• 18,454.61 137,557.64 138,442.00 884.36 99.36% 310 DEBT SERVICE 69,545.04 11,941.29 17,182.54 162,441.00 145,258.46 10.58%', ` 320 AIRPORT _61,237.91 34,025.12 126,969.35 107,494.00 _ 19,475.35 118.12% ':350 UNALLOCATEDGENERAL EXP 672,779.61 101,932.09 659,903.53 766,550.00 106,646.47 86.09%', _ TOTAL _ I_ ______ L--~ ---- ~ 17,926,260.96 1,099,833.82 8,741,122.28 9,745,484.00 1,004,361.72 - --- _ 89.69%' ------------ .5~~~ • • r ~ L_J 2005 CITY OF HUTC HINSON FINAN CIAL REPORT -- i NOVEMBER iREVENUE REPORT -GENERAL 2004 2005 NOV 2005 2005 A N ERCEN YeaAt Date MONTH ATE ACTUAL BUDGET NG REMAIN USED ',TAXES 1,580,046.95 0.00 1,668,204.77 3,618,290.00 1,950,085.23 _ 46.10%! LICENSES _____ __ 39,217.25 2,827.00 40,387.21 44,900.00 .4,512.79 89.95% PPERMITS AND FEES ;INTERGOVERNMENTAL REVENUE CHARGES FOR SERVICES 448,620.50 1,809,301.37 1,488,843.46 43,535.72 12,952.25 59,357.23 399,821.12 1,488,401.05 1,082,800.08 292,500.00 2,369,536.00 1,482,195.00 107,321.12 881,134.95 399,394.92 136.69%i 62.81% 73.05%` (FINES & FORFEITS 48,848.93 4,299.97 50,668.26 68,000.00 17,331.74 74.51%I (SALES 499.33 0.00 4.95 0.00 0.00 0.00%? INTEREST 5,096.85 167.55 13,332.86 40,000.00 53,332.86 -33.33% iREIMBURSEMENTS 122,997.46 49,450.71 194,746.36 284,063.00 89,316.64 68.56% (TRANSFERS (SURCHARGES -BLDG PERMITS 1TOTAL 832,116.08 2,153.96 6,366,549.78 4,643.75 _ 1,159.66 178,393.84 790,947.41 2,734.35 5,705,372.80 1,546,000.00 0.00 9,745,484.00 755,052.59 2,734.35 4,040,106.25 51.16% 0.00% 58.54% i 2005 _ 'NOVEMBER ~ ------' 2004 --------- _ 2005 ---- ------ ~ 2005 ------ 005 2 ~___--- 20_05 NOVEMBER; ----- -- ----- ;EXPENSE REPORT -GENERAL SUMMARIZED I NOVEMBER YTD NOVEMBER MONTH L ~ YEAR TO ATE ACTUA I ADOPTED ~ BUDGET BALANCE ~ ( REMAINING ERCENTAGE; USED:. ___ ~- - - IGeneral Govt. 1,366,524.18 170,913.91 1,542,634.58 1,779,164.00 _236,529.42 86.71% _ _ (Public Safety _ ~Streets8~Alleys __ Parks & Recreation Miscellaneous ---- ~ _____ _ ~_ _ ___ -- - TOTAL 2,686,871.04 _ 1,118,891.52 2,019,956.70 x_734,017.52 j 7,926 260.96 --- 401,4_19.86 164,623.15 _ 214,978.40 147,898.50 -- - 1,099 833.82 1 2,930,243.39 1,314,868.20 2,149,320.69 804,055.42 - 8 741,122.28 3,258,652.00 1,422,805.00 ~ 2,248,378.00 1,036,485.00_ 9 745 484 00 - 328,408.61 107,936.80 99,057.31 _ 1 232,429.58 1 004,361.72 89.92%( ____ 92.41%% _ _ _95.59%' _ _77.58% ~ 89 69%~ F ------- . ~- - ~-- -- . - - -- !-- - - _: -- ~~ 5(~~~ 22-Dec-05 • ~ Institution escription nterest Rate CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT November 30, 2005 Date Date Of Of Purchase Maturity mount US BANK Money Market 1.43% 11/3/2004 11/19/2008 375,000.00 Smith Barney FHLMC med 4.00% 7/30/2004 7/27/2012 298,500.00 step up Smith Barney FHLB C 4.05% 1/7/2004 7/30/2009 300,000.00 Smith Barney FHLB C 4.050% .4/28/2005 4/26/2010 750,000.00 Smith. Barney FHLB C 5.010% 4/26/2005 4/26/2010 270,000.00 Wachovia pool 336914 7.226% 12 31 96 02 01 2026 4,930.49 Expected life 6.2 years Smith Barney FHLM -C 4.650% 11/21/2001 5/21/2007 300,375.00 Wachovia pool 336399 ~ 7.270% 12 31 96 02 01 2026 4,044.26 Expected life 4.1 years Wachovia FHLB 5.00% 5/22/2003 5/22/2013 300,000.00 Wachovia FHLB 4.00% 6/12/2003 6/12/2013 300,000.00 Wachovia • FHLB 1.190% 6/26/2003 06/26/13 400,000.00 Wachovia FHLB 3.000% 7/16/2003 7/16/2013 200,000.00 Wachovia FHLB step 3.000% 2/9/2005 2/9/2007 625,000.00 step up Wachovia FNMA 3.000% 8/24/2004 2/25/2008 100,OOD.00 step up Smith Barney Asset ONE 4.06 11/28/2005 12/25/05 4,000,277.92 First Minnesota 2.670% 11/16/04 12/15/05 400,000.00 First Minnesota 4.650% 11/18/05 11/20/06 750,000.00 $9,378,127.67 L~ 5C~7 RESOLUTION NO. 12862 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Bio Bags $32,800 Compost bin pickup Refuse Yes Jesco Industrial Supplies Squad Car replacement 43,018 Replacement Central Yes - Elk River Ford (2) Garage 2006 ~e following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Bio Diesel $15,742 City, county & State Use HATS YES Schmeling Oil Date Approved: Motion Made By: Seconded By: December 27, 2005 Resolution submitted for Council action Kenneth B. Merrill Finance Director by: SC.h~~ CITY OF HUTCHINSON RESOLUTION. NO. 12863 CLOSING OF VARIOUS DEBT SERVICE & CONSTRUCTION FUNDS, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the following funds are hereby closed: 1994 Special Assessment Debt Service Bond Fund AND THAT any remaining cash .balance is hereby to be transferred to the Special Assessment Fund. • Adopted. by-the City Council this 27th day of December 2005. Steve W. Cook Mayor, ATTEST: Gary D. Plotz City Administrator • 5~~ RESOLUTION NO. 12875 RESOLUTION DESIGNATING LOCATION OF POLLING PLACE AND APPOINTING ELECTION JUDGES FOR 2005 CITY OF HUTCHINSON SPECIAL ELECTION WHEREAS, Chapter 204B, Section 204B.16, Subd. 1 and Section 204B.21, Subd. 2 of the Laws of Minnesota states that the governing body of any municipality, by resolution adopted prior to the giving of notice of the election, may designate the location of polling place of all precincts (one, two, and three) and naming of judges for Special Election to be held January 31, 2006; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the polling place to be used during the January 31, 2006, Special Election for all precincts will be in the Recreation Center located at 900 Harrington Street - S.W., Hutchinson, Minnesota. 2. That the Election Judges are hereby appointed in accordance with the attached list. Adopted by the City Council this 27`~ day of December 2005. Steven W. Cook, Mayor ATTEST: Gary D. Plotz, City Administrator • 5~~ SPECIAL ELECTION JANUARY 31, 2006 PRECINCT 1 *ANN SCHUMANN 587-6773 129 MORNINGSIDE DR NE ROMAN HAAS 587-3193 113 MARK DRIVE NE ROXANNE JENSEN 587-8589 1239 BRADFORD STREET CATHY PRELLWITZ 587-2174 640 CALIFORNIS ST NW PRECINCT 2 DORIS DAGGETT 587-2382 978 ROLLING GREENS LN *DORI JOHNSON 587-2985 1270 ROLLLING OAKS LN HARRIET BURICH 587-5010 583 CARLISLE ST NE BILL WEGNER 587-9096 125 11~ AVENUE NE PRECINCT 3 *DARLEEN KNIGGE 587-0961 832 GREENSVIEW CT NW PEARL SEALE 587-3083 569 MILLER AVENUE DENNIS SCHROEDER 587-3660 1074 PRAIRIE. VIEW DR JOHN/JEAN HASSINGER 587-3150 546 2ND AVENUE SW REGISTRATION TABLE DOLORES BRUNNER 234-7666 968 HAYDEN AVE SW ANNE HAAS 587-3193 113 MARK DRIVE NE MAXINE ENGWALL 587-2431 506 JUERGENS ROAD SW • 5C~3 RESOLUTION NO.12876 ADOPTING 2006 FEE SCHEDULES WHEREAS, the City of Hutchinson is empowered by previously passed ordinances to impose fees for services, and WHEREAS, based upon the recommendation of costs for providing the services for vazious city departments NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT THE FOLLOWING FEE SCHEDULES ARE ADOPTED: (a) 2006 Building Permit Fee Schedule (b) 2006 Compost/Transfer Facility Gate Fee Schedule (c) 2006 Event Center Fee Schedule (d) 2006 Evergreen. Reservation Fee .Schedule (e) 2006 Fire Department Fee Schedule (f) 2006 HRA Fee Schedule (g) 2006 Improvement Project Expense Rates Schedule (h) 2064 Licenses and Permits Fee Schedule (i) 2006 Liquor License Fee Schedule i (j) 2006 Mapping and Printing Service Fee Schedule (k) 2006 Parks, Recreation, and Community Education Fee Schedule (1) 2006 Planning and- Land Use Fee Schedule (m)2006 Plumbing Permit Water Meter Fee Schedule (n) 2006 Police Department Fee Schedule (o) 2006 Public Works (General) Fee Schedule (p) 2006 Bulk Water Purchase Fee Schedule (q) 2006 Water Turn-On Fee Schedule *Fee schedules attached Adopted by the City Council this 27~ day of December, 2005 Steven W. Cook, Mayor ATTEST: Gary D. Plotz, City Administrator • ~~~u • • • City of Hutchinson 2006 Building Permit Fee Schedule Fixed Fee Permit Schedule Fee~T ~ pe ~~ ~+ee Amount Notes 1 & 2 Family Residential Reroofing $30.00 plus surcharge fee 1 & 2 Family Residential Residing $30.00 plus surcharge fee 1 & 2 Family Residential Window $30.00 plus surcharge fee Replacement Manufactured (Mobile) Home Install $100.00 plus surcharge fee and $30.00 excavation (includes as ins ection Deck Permit $30.00 plus surcharge fee Utility Sheds $30.00 plus surcharge fee Excavation/Temporary Permit $30.00 plus surcharge fee Per square foot with a minimum fee of $30.00, plus surcharge fee and Sign Permit $0.30 excavation ermit fee if a ground sign Sandwich Baord Sign Permit $ l 5.00 per year per permit, 3 permits per calendar year allowed per property. $200.00 Portable/Temporary Sign Permit $25.00 deposit to be refunded if sign is removed within seven days of the permit date. for any structure plus surcharge fee and excavation permit fee, if Moving Permit $100.00 a licable plus excavation permit fee and surcharge fee. Also a separate deposit check of $50.00/day for the first 10 days and $100.00/day thereafter up Demolition Permit $50.00 to a maximum of 30 days. GAS TANK REMOVAL IS INCLUDED UNDER DEMOLITION PERMITS. Curb Cut, Driveway Apron, and Hard $30.00 plus surcharge fee Surfacing Driveway Permit Fence Permit $30.00 lus surcharge fee Finish Basement $60.00 lus surcharge fee State Surcharge Fee Schedule ' Fee Amount; s Fees, pe ~ ~-~ . , ~, .• ~:_ ti:FeeS.x~s Page 1 oJ7 • • City of Hutchinson 2006 Building Permit Fee Schedule Permits with Fixed Fees ~ $0.50 ~ surcharge (mobile home, demolition, fence, sign, moving, excavation, curb cut, residential reroof, residential reside, residential wmdo replacement, decks, driveway, and sheds) Valuation up to $1,000,000 mil (.0005) X Valutions $1,000,000 to $2,000,000 Valuation - $1,000,000 X .0004 + $500.00 $2,000,000 to $3,000,000 Valuation - $2,000,000 X .0003 + $900.00 $3,000,000 to $4,000,000 Valuation - $3,000,000 X .0002 + $1,200.00 $4,000,000 to $5,000,000 Valuation - $4,000,000 X .0001 + $1,400.00 $5,000,000 and over Valuation - $5,000,000 X .0005 + $1,500.00 CT v s Page 2 oj7 H:Feeszls • s • City of Hutchinson 2006 Building Permit Fee Schedule Miscellaneous Fee Schedule Fee T e _ Fee Amounf :;. -> ': Notes ; _ - rovided u on recei t of written and si ned com Taint letter to the Ci p p p g p ~ Rental Complaint Inspection N/C Fire Chief Construction Water see Water Department construction water policy for fees Existing Home Inspection (FMHA) $50.00 see agreement between MCPA, City of Hutchinson, and Hutchinson Parkland Dedication Utilities Other Inspections and Fees* $47.00 Inspections outside of normal business hours (minimum charge two hours) Relnspection fees assessed under provision of Section 108.8 Inspections for which no fee is specifically indicated (minimum charge -one-half hour) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge -one-half hour) * Or the total hourly costs of the jurisication, whichever is the greatest. The cost shall mciuae supervision, overneaa, equipment, hourly wages, and fringe benefits of the employees involved. Fire Sprinker System Permit Fee Schedule Fee T e'-~ ~ Fee Amount ~ ~'`~ .Notes New or Additional Fire Sprinkler Fee is equal to 1 % (.O1) of the total fire sprinkler contract amount, plus Systems a state surcharge of $.50 Plan Review Fee Schedule s fi:Fee:.x~: Page 3 of 7 f City of Hutchinson 2006 Building Permit Fee Schedule Fee Plan Review is 65% of the Building Permit Fee Page 4 of 7 • • • City of Hutchinson 2006 Building Permit Fee Schedule Plumbing Permit Fee Schedule • Fee Tye Fee'Amounf` - Notes Fixture or Item Fee $8.00 per roughed in fixture Construction Water Single/Two Family Residence $50.00 All Other Construction $100.00 Water Meter Fees As per cost set by Water De artment Gas Conversion Connection (switch rom uel oil to natural as $100.00 plus surcharge fee Gas Appliance Replacement $30.00 plus surcharge fee Mechanical Fee Valuation x 1% -plus surcharge of $.50 for set fees up to $1,010 or more than $1,010 x .0005 Sewer/Water Hookup & Access Fee Applicable to parcels not previously assessed, confirm with City Engineering Department U H:Fees.xls Pnge 5 of ~ • • • City of Hutchinson 2006 Building Permit Fee Schedule Mw ~nn~ ctatP Rnuare Feet COnstrUCtlon Valuation (Evaluated Annually by Building Codes and Standards Division) Type Dwellings Valuation $77.09 ; : , Basements Finished $60.00 /square foot Unfinished $15.00 /square foot Fireplace Valuation Masonry $6,000.00 0-Clearance $4,000.00 Porches 3 Season Porch $50.41 /s uare foot 4 Season Porch $67.96 /square foot Screened Porch $32.48 /square foot es Gara $32.54 g Gazebo $18.17 /square foot Construction Value , .. -'-:. Permif~Fees' Notes - -~ ~ ' , $1 - $500 $501 - $2,000 $2,001 - $25,000 $25,001 - $50,000 $50,001 - $100,000 $100,001 - $500,000 $500,001 - $1,000,000 H.'Fees.xls $23.50 for the first $500 plus $3.05 for each additional $100 or fraction thereo $23.50 to and including $2,000 for the first $2,000 plus $14.00 for each additional $1,000 or fraction $69.25 thereof to and including $25,000 for the first $25,000 plus $10.10 for each additional $1,000 or fraction $391.25 thereof to and including $50,000 for the first $50,000 plus $7.00 for each additional $1,000 or fraction $643.75 thereof to and including $100,000 for the first $100,000 plus $5.60 for each additional $1,000 or fraction $993.75 thereof to and including $500,000 for the first $500,000 plus $4.75 for each additional $1,000 or fraction $3,233.75 thereof to and including $1,000,000 Page 6 of 7 ~ ~ • City of Hutchinson 2006 Building Permit Fee Schedule v s $1,000,001 and Up $5,608.75 for the first $1,000,000 plus $3.15 for each additional $1,000 or fraction thereof. PENALTY FEE Double the Permit Fee -per City Administrator's memo of 5-17-88 N.'Fees. rls Page 7 of-7 City of Hutchinson Compost/Transfer Facility 2006 Gate Fee Schedule V` .~ N:Fees.sls Fee Type McLeod County Resident Leaves, Grass Clippings, and Brush (under 6" in diameter - ID required and bags emptied) Commercial Leaves and Grass Clippings (bio-corp/paper .. Fee A'mo no charge $10.00 Iper ton Fee V ls~, ~ v Y~.......~.~ Commercial Leaves and Grass Clippings (plastic*) $31.00 per ton $20.00 Commercial Brush (under 6" in diameter) no charge per ton $14.00 Logs (6" diameter or greater) no charge per ton $24.00 Pallets and Crates $24.00 per ton $34.00 Stump Chips no charge per ton $5.00 Clean Wood ~ 1 u.uu per ton Mixed Residential/Commercial Food Residuals $40.00 per ton Concrete (Dirty) $5.00 per ton Asphalt (Dirty) $5.00 per ton * Plastic determination is at the discretion of the monitor and determined on a per load basis. ~cy 2.22(P) V~ ®~ • H:Fees.xls City of Hutchinson 2006 Event Center Fee Schedule Rnnm Rates Room Type , ' ~ ~~Fee~Ainount Great Room (seating up to 525 dinner or 1,100 theatre) Monday -Thursday $300.00 Friday, Saturday, Holidays $475.00 Sunday $325.00 Half Great Room (seating up to 2S0 dinner or SSO theatre) Monday -Thursday $165.00 Friday, Saturday, Holidays $250.00 Sunday $175.00 Quarter Great Room (seating up to 100 dinner or 12S theatre) Monday -Thursday $90.00 Friday, Saturday, Holidays $135.00 Sunday $100.00 Meeting Room A (seating for 40) $20.00 /hour (2 hour minimum) B (seating for 30) $20.00 /hour (2 hour minimum) C (seating for 35) $20.00 /hour (2 hour minimum) Program Room AA (seating for 40) $20.00 /hour (2 hour minimum) BB (seating for 30) $20.00 /hour (2 hour minimum) CC (seating for 1 S) $20.00 /hour (2 hour minimum) DD (seating for 15) $20.00 /hour (2 hour minimum) Kitchen Fee $75.00 Other Rates -" Fee Amount fee Type ~ Fee Amount Fee Type LCD Projector 3500 Lumen $300.00 /day Security * $35.00 /hour/officer • • LCD Projector 1100 Lumen $100.00 /day Linen $1.00 /linen Front/Rear Truss Screen 9X12 $83.00/$117.00 /day White Board/Stand 3X4 $11.00 /day Wireless Microphone $48.00 /day Coffee (non-catered events) $10:00 for 30 cups Podium with Microphone $35.00 /day Coffee (non-catered events) $15.00 for 50 cups TV & VCR $30.00 /day CassettelCD Player $15.00 /hour Overhead Projector $27.00 /day Tripod Screen 8' $8.00 /day Slide Projector $27.00 /day Tripod Screen 6' $6.00 /day Piano $25.00 /day Backdrop (40' max) $5.00 /day/linear ft' VCR $20.00 /day Draper Easels $5.00 /day ., , V' _C H:Feexx/s * Security: for events with alcohol, we require at least one nutcnmson police u~~icer un uuiy,lrun~ <~~e «~~~r ~•~c sue opens until it closes at the end of the event (minimum of 4 hours). For groups of 250 or more, a second officer is required for the final4 hours of the event. Please refer to "Rental Policy". a • • • V H:Fees.xis City of Hutchinson 2006 Evergreen Reservation Fee Schedule Fce`Ty.pe ,Fee Amount Dining Room $50.00 Kitchenette $10.00 Carpeted Room $20.00 After Hours Open or Lock-up $20.00 Damage Deposit* $25.00 * Separate check to be returned when keys are returned and if rooms are cleaned-up and no damage has occurred ~cy 2.22(n) City of Hutchinson 2006 Fire Department Fee Schedule Vl ~~~/~ ~-- H:J~ees.sls Fee Type -Fee,~Amount ~ first Hour ~ Fee Amount' ' ~SecopdkHou~ ~~~ ~ - -~ Fee Amount'^~ Additional Char e De-Con Trailer $ 100.00 n/a Plus material used and/or clean-up Engine $75.00 $50.00 n/a Grass Unit $100.00 $50.00 n/a HERT (Haz-Mat Trl.) $50.00 n/a Plus material and/or equipment used IC /Firefighters $200.00 n/a n/a MERC (Command Trl.) $50.00 n/a Plus material and/or equipment used Platform Truck $250.00 $125.00 n/a Rescue $65.00 $40.00 n/a Tanker $135.00 $70.00 n/a Fee Type' 4 `~ Fee~Amourit x` .License Dates ~~!-Notes' ~~~ ~` •*~" Fireworks Fireworks Only Business January 1 - License fee is nonrefundable, cannot $350.00 & Tent Sales December 31 be prorated, and cannot be waived January 1 - License fee is nonrefundable, cannot Other Retailers $100.00 December 31 be prorated, and cannot be waived * NOTE.• transient merchant's must obtain a fireworks license and a transient merchant license. • • • City of Hutchinson 2006 HRA Fee Schedule {( ~/ H: Fees.rls Fee T e Fee Amount Subordination Request Processing Fee $100.00 • • • City of Hutchinson Improvement Project Expense Rates 2006 Fee Schedule ~• .,, ~ • , ~ :~ Review of site and grading plans and/or plans and specifications 3.0% Design review* prepared by Developer, or pre-engineering of reconstruction projects. Eng. Engineering 15% 6.0% Final Design Cost to complete plans and specifications in-house. Eng. Includes on-site and off-site services. Private developers must provide COnstrnCtlon survey control and may complete this work with a consultant approved 6.0% Review and Staking by the City and pay these costs directly. Eng. - +" Prel[tn[nary Plan review and development, Subdivision and/or Development 1.0% Development* Agreements, etc. Eng. .. Y Contract Assessment Roll preparation, MN Statute 429 and contract 2.0% Administration administration and review Eng. ' Pro CCt COitt/IreltenS[Ve GIS system mapping and database updating, comprehensive Administration ~% 1.5% Planning* infrastructure planning Eng. 1.5% Testt'ng Services For city completed testing services Eng. `' ~ Funding for HRA program for supporting housing needs within the ,, community. The HRA Board may waive this fee on projects meeting HOllS[ng Needs HRA Housing goals. Not applied to reconstruction or trunk utility 1.0% FUnd* improvements. HRA 1.0% Financial Services Bond administration, property assessment input Finance Finanee/LegaV Title review, DevelopmendSubdivision Agreement development and Fiscal o 3 /0 1 0% Legal Services* review, bond/fiscal review Finance 1.0% Fiscal Capitalized interest. Finance ~`24% Redevelopment/Newly Annexed (Does not include the "Housing Needs Fund".) ~. ~ New Development: The City retains the right to approve which projects will be completed utilizing .25% Munici al Financin based on uidelines a roved b the Ci Council. ~ ' t Minimum rate, including all items noted with an asterisk (*). Projects utilizing more City services will ~ ~ • ~ 7% ~ be charged based on the rates noted above. Hutchinson HRA may wave the I% "Housing Needs Fund" . ~ based on the inclusion in the project of low-income housing. V' .®.~ s • • City retains the right to engage a consultant to complete a portion of the Engineering and Project Administration. Developer shall have the Preliminary & Final Plat approved prior to work commegcing on fmal design. ncial assurance/bonding may be required for improvements being completed by private developers. Developer shall meet all design standards and fmancial surety requirements of the City. • • City of Hutchinson 2006 Licenses and Permits Fee Schedule ~~ H: Fees. zls License/Permit Type Fee Amount ~ License Dates Carnival (refundable deposit) $500.00 Dance Permit $50.00 Short Term Gambling Licenses Bingo License $100.00 January 1 -December 31 Gambling Devices $100.00 January 1 -December 31 Gambling Short Term $25.00 Short Term Gambling License Investigation $100.00 One Time Garbage and Refuse Haulers Commercial $100.00 January 1 -December 31 Residential $100.00 January 1 -December 31 Recycling $50.00 January 1 -December 31 Recycling (short term) $25.00 Per Day Massage Services $150.00 January 1 -December 31 Motorized Golf Cart Permit $5.00 January 1 -December 31 Notary Fee $1.00 Per Notarized Item Parade Permit $25.00 Short Term Peddler/Solicitor/Transient Merchant Permit $100.00 Per License Popcorn Stand Permit $50.00 Public Auction Permit $25.00 Pawn Shops and Precious Metal Dealers $100.00 January 1 -December 31 Public Property Use ~y 2.22(h)(1) • • No Alcohol Use $500.00 Alcohol Use $1,000.00 Second Hand Goods Dealers $100.00 January 1 -December 31 Tattoo License $150.00 January 1 -December 31 Taxi Cab License (per cab) $3.00 January 1 -December 31 Tobacco License $150.00 January 1 -December 31 H:Fees.x/s ~y z.22(n)(t) P~.22(h)(2) City of Hutchinson 2006 Liquor License Fee Schedule H: Feesxls License/Permit Type ~~ Fee Amount License Dates ~ ~TNotes Club Liquor License Under 200 Members $300.00 April 1 -March 31 201 - 500 Members $500.00 April 1 -March 31 501 - 1000 Members $650.00 April 1 -March 31 1001 - 2000 Members $800.00 April 1 -March 31 2001 - 4000 Members $1,000.00 April 1 -March 31 4001 - 6000 Members $2,000.00 April 1 -March 31 Over 6000 Members $3,000.00 April 1 -March 31 Bottle Club (Set-Up) $75.00 April 1 -March 31 Wine License $400.00 April 1 -March 31 On-Sale Intoxicating Malt Liquor & Wine License $550.00 April 1 -March 31 On-Sale Intoxicating Liquor License $3,500.00 April 1 -March 31 Pro-Rate; Refundable On-Sale Sunday Intoxicating Liquor License $100.00 April 1 -March 31 Off-Sale Non-Intoxicating Malt Liquor License $250.00 May 1 -April 31 Nonrefundable On-Sale Non-Intoxicating Malt Liquor License $400.00 May 1 -April 31 Nonrefundable On-Sale Non-Intoxicating Malt Liquor License $100.00 Short Term On-Sale Intoxicating Sunday Temporary License $75.00 One Day Temporary Liquor License $25.00 Per Day / $50.00 Minimum Intoxicating Liquor Investigations $350.00 Non-Intoxicating Liquor Investigations $100.00 N:Fasxls 2.22(h)(2) • • City of Hutchinson 2006 Mapping and Printing Service Fee Schedule ManualsBooks New version is dramatically larger with significant color pages and foldouts (actual cost to copy is app. $100). People may also copy off the Web with no City charge or get a copy on CD for a nominal fee. Printing Charges H: Fees.xls 'Fee Type ~ Fee, Amount Manual: Comprehensive Plan (per book) $25.00 /each On CD* $15.00 /each Color Copy with Foldouts (4 books)* $75.00 /each Web Copy* Free /each Manual: Subdivision Ordinance $20.00 /each Manual: Zoning $20.00 /each Manual: Zoning/Shoreland/Subdivision $40.00 /each Manual: Joint Planning Area Zoning $20.00 /each Subdivision Agreements $1.00 per page o Fee Type . " Fce Amount . 8 1/2" X 11" (Black & White) $0.25 per page 8 1/2" X 11" (Color) $1.50 per page Legal or Tabloid Size (Black & White) $1.00 per page Legal or Tabloid Size (Color) $3.00 per page 18" X 24" (Black & White) $1.50 per page 18" X 24" (Color) $4.50 per page 24" X 36" (Black & White) ~ $3.00 per page 24" X 36" (Color) (small city zoning map) $9.00 per page 36" X 36" (Black & White) $4.50 per page 36" X 36" (Color) $14.00 per page 36" X 48" (Black & White) $6.00 per page 36" X 48" (Color) $18.00 per page Roll Paper Printing $1.5(7 per sq foot Map Preparation _ ~- ~ ~: ' Fee Amount' Type Specialty Map Preparation* $27.50 per hour *Map printing at charges noted above * 1 hour minimum, 1 /4 hour increments thereafter *Must be approved by IT Director ~ `.- o.. ~ . ,.' „Fee `Amouipt ~'~. ~ , [ O~t6ophoto'Frints ~(color)~" " ~ ~~ ~ `' 8 1/2" X 11" $5.00 Legal or Tabloid $9.00 18" X 24" $20.00 24" X 36" $30.00 36" X 36" $40.00 36" X 48" $50.00 DigitalData ~ , Fee Amount., Orthophoto $550.00 sq mile Minimum charge $550 Contours $550.00 sq mile Minimum charge $550 Planimetrics $250.00 sq mile Minimum charge $250 Purchase a cominbation of all three data sets or $1350%s mile not to exceed a maximum char e of $18,100 S ecial Ma pin re nests =Data Price +$SO/hr All data is rovided in Arcview Sha e File format on a CD An additional $50 charge will be a plied to digital data converted to a . dzf format for CAD systems v _~ The City reserves the right to waive fees by Council direction for other governmental fl: F'ees.rls • or amzations. Commercial-type printing of private, non-cit~materials (Le. building g plans, site drawing, etc.), or map preparation, for private use is not allowed. U H: Feeaxls icy 2.28(a) City of Hutchinson Parks, Recreation & Community Eduction 2006 Fee Schedule .~ H:F-ees.r~s Youth Snorts/Activities Sports/Activity , ~ ` ,. ~- Fee; Amount ` ` ~' l Adaptive Recreation $3.00 per session T-Ba11/Baseball (Kindegarten-Second Grades) $30.00 14 sessions Girls Softball (First -Fourth Grades) $30.00 14 sessions Baseball (Second -Fifth Grades) $30.00 14 sessions Football Flag $20.00 7 sessions Tackle $35.00 14 sessions Rec Soccer (Indoor/Outdoor) $20.00 6 sessions Girls Volleyball $25.00 6 sessions Gymnastics (Ages 4 - 15) $25.00 8 sessions Figure Skating 2004-2005 Season Tots-Delta $48.00 14 sessions Sunday Practice $60.00 14 sessions Open Skating Pass Students/Seniors $35.00 Adults $45.00 Families $65.00 Open Skating Sunday $2.00 per youth per day Non-School Days $3.00 per adult per day School Days $2.00 per adult per day School Days $3.00 per family per day Family Hour $3.00 per adults Family Hour $5.00 per family Swimming Lessons $30.00 10 lessons Open Swirn $3.00 per person per day Page 1 of S 2005 Fee $32.00 • City of Hutchinson Parks, Recreation & Community Eduction 2(l~f Fee Schedule Open Swim Family Hour $6.00 per family Swim Package $25.00 10 swims Swim Package $30.00 senior citizen Household Swim Package 1 member $40.00 2 members $50.00 3 members $60.00 4 members $70.00 5 members $80.00 6 members $90.00 7 members $100.00 s H: Feesxls Page 2 of 5 ~cy 2.28(a) U N:Fees.xls City of Hutchinson Parks, Recreation & Community Eduction 2006 Fee Schedule Adult Snorts Sports/Activity - Fee. Amount . '1 Men's Basketball $10.00 per game per team Adult Touch Football $10.00. per game per team Slowpitch Softball (Umpired Leagues) $10.00 per game per team Volleyball Co-Rec $10.00 per match per team Men's $10.00 per match per team Sand $35.00 per team 10 matches Women's $10.00 per match per team Open Basketball $2.00 per person Open Hockey $5.00 per person per day Page 3 of 5 2005 Fee $9.00 ~y 2.28(a) City of Hutc~son •~v 2 2s(a> Parks, Recreation & Community Eduction 2006 Fee Schedule CCU ._,C ether Fees Sports/Activity. ~ Fee.' Amount West River Park Camping Electric Hook-Up $10.00 Water, Sewer, Electric $15.00 Field Rental $7.50 1 1/2 hours Shelter reservation $15 or $25 per day Bleachers $20.00 per 3 rows Picnic Tables (with 3-day rental, will move tables) $10.00 4 table minimum Open Gym Daily $2.00 per person Open Gym Pass $40.00 per person Indoor Playground Child $1.00 per child Family $2.00 per family Family Playground Pass $30.00 Rec Center and Civic Arena (dry floor) First Full Day $600.00 per day Half Day $300.00 1/2 day Additional Day $300.00 each additional day Youth $30.00 per hour Rec Center Basketball Rental $15.00 per court per hour Volleyball Rental $15.00 per court per hour H: Fees.xls Page 4 of 5 2005 Fee $25.00 City of Hutchinson Parks, Recreation & Community Eduction 2006 Fee Schedule Ice Time $120.00 per hour $110.00 Summer Ice $120.00 per hour $110.00 Roberts Park Tournament Fee Transfers Cancellations Team Fees Are Non-Refundable H:Fecs.rls $30.00 per field per day $2.00 er erson per class $2.00 deducted from refunc Page. S of S U\ • • City of Hutchinson 2006 Planning and Land Use Fee Schedule Fee.Type'.. ~ ~° ~'Fee;Aroount ~ 2005 Fee 00 Plus recording $225 $175.00 Variances . fees Conditional Use Permits $225.00 Plus recording fees $175.00 Rezoning $225.00 $175.00 Vacation of street, alley, or easement $125.00 Plus recording fees $175.00 Plus recording, Lot Splits (Single and Two Family) $175.00 administrative, $75.00 and legal fees Plus recording, Lot Splits (Multiple Family, Commercial, Industrial) $225.00 administrative, $125.00 and legal fees Planned Unit Development $225.00 Plus recording fees $150.00 $175.00 00 $225 Plus $10.00 per lot plus $10.00 per Platting . and recording fees lot) Determined by State per State Annexation Planning Agency • City of Hutchinson 2006 Planning and Land Use Fee Schedule Fee Type ~-I'ec :'~rnount ~ 2005 Fee Variances $225.00 Plus recording $175.00 fees Conditional Use Permits $225.00 Plus recording $175.00 fees Rezoning $225.00 $175.00 Vacation of street, alley, or easement $225.00 Plus recording fees $175.00 Plus recording, Lot Splits (Single and Two Family) $125.00 administrative, $75.00 and legal fees Plus recording, Lot Splits (Multiple Family, Commercial, Industrial) $175.00 administrative, $125.00 and legal fees Planned Unit Development $225.00 Plus recording fees $150.00 Plus S10.00 per lot $175.00 (plus Platting $225.00 and recording fees $10.00 per lot) Annexation Determined by State per State Planning Agency After the fact Double permit fee Double permit fee Special meeting (includes $30.00 payment to Planning Commission members attending) Notes: Atypical application for variances or conditional use permits cost the City between $230 and $275. This amount includes public hearing publication, preparation of maps, public notice mailing lists, agenda preparation, meeting time, discussions with the land owner, site visits, filing fees for the County, (County filing fees increased from $19.50 to $46.00 in 2005) etc. 5~~~.,~' r .C • Notes: Atypical application for variances or conditional use permits cost the City between $230 and $275. This amount includes public hearing publication, preparation of maps, public notice mailing lists, agenda preparation, meeting time, discussions with the land owner, site visits, filing fees for the County, etc. (County filing fees increased from $19.50 to $46.00 in 2005). • • • • • City of Hutchinson 2006 Police Department Fee Schedule ~ H: Fees.xls s~ Fee Type ~ - Fee.Amount Alarm Monitoring Fee Residential $12.00 /per month Commercial $12.00 /per month Industrial $12.00 /per month Animal License Tag (Dog/Cat) $7.00 Animal Impound $40.00 Animal Maintenance/Kennel Fee $10.00 /a day Vehicle Impound Storage $10.00 /a day Court Ordered Breath Tests $10.00 /a week Finger Printing $10.00 Police Report Copies -walk in $0.25 /per page Mail or Fax $5.00 Police Service of Papers $25.00 Photographs $2.00 /per page AudioNideo Magnetic Media $30.00 /per item 2005 Fee $10.00 • • • PUBLIC WORKS ~ Rates - r RATES. 2002 - . ~ { :2003. . 2004, " , ~ 2005- 2006 `` :,. Units "Change. ENGINEERING SAC (Sewer Availability Charge) WAC (Water Availability Charge) Assessment Search $ $ $ 1,080.00 820.00 17.50 $ $ $ 1,160.00 880.00 20.00 $ 1,255.00 $ 955.00 $ 20.00 $ $ $ 1,415.00 1,075.00 20.00 $ 1,545.00 $ 1,175.00 $ 23.00 SAC Unit WAC Unit Each 9.20% 9.20% 15.0% STORM WATER UTILITY 1. Golf Course, Park, Open Space 2. Single &Two-Family Residential 3. PubliclPrivate School & Institutional 4. Multi-Family Residential & Church 5. Commercial & Industrial $ $ $ $ $ 1.50 1.75 5.84 8.28 14.78 $ $ $ $ $ 2.25 1.75 8.76 12.42 22.17 $ $ $ $ $ 2.59 2.00 10.07 14.28 25.50 $ $ $ $ $ 3.09 2.39 12.05 17.08 26.26 $ $ $ $ $ 2.92 2.26 11.39 16.15 28.82 per acrelmont per unit/month per acrelmont per acrelmont per acrelmont -5.3% -5.4% -5.5% -5.5% 9.8% 2A. Lots 1 to 2 acres 2B. Lots 2 to 3 acres 2C. Lots 3 to 4 acres 2D. Lots 4 to 5 acres $ $ $ $ 2.50 4.00 5.50 7.00 $ $ $ $ 3.00 5.25 7.50 9.75 $ $ $ $ 3.45 6.04 8.63 11.21 $ $ $ $ 4.13 7.22 10.32 13.41 $ $ $ $ 3.90 6.82 9.75 12.67 per unit/month per unit/month per unit/month per unit/month -5.6% -5.5% -5.5% -5.5% 2E. Lots over 5 acres (see Resolution 11637) ~V/ '_ V .~ GlBudget/2006 Public Works Rates (~ • Supporting Information. 9.2% Increase [Per study: ENR (4.2%) + 5% through 2012] 9.2% Increase [Per study: ENR (4.2%) + 5% through 2012] Increase covers general inflation & County fee increases 9.75% (inflation+adjustment) less mosquito fee removal 9.75% (inflation+adjustment) less mosquito fee removal 9.75% (inflation+adjustment) less mosquito fee removal 9.75% (inflation+adjustment) less mosquito fee removal 9.75% (inflation+adjustment) 9.75% (inflation+adjustment) less mosquito fee removal 9.75% (inflation+adjustment) less mosquito fee removal 9.75% (inflation+adjustment) less mosquito fee removal 9.75% (inflation+adjustment) less mosquito fee removal • • ~cy 2.22(e) City of Hutchinson 2006 Bulk Water Purchase Fee Schedule* V' H: Feessls ~~ Fee Type Fee Amount Deposit for Key Rental $40.00 Month or Partial Month Key Rental Fee $40.00 Lost orNon-Returned Key 1 year charge Per Load Fee -South Park, Filled by City Staff $15.00 Per Load Fee - 2 Load/Day Max, Hydrant Fills $20.00 * Relates to policy 2.18 i ~cy 222(a)~3) H: Fees.xls S City of Hutchinson 2006 Plumbing Permit Water Meter Fee Schedule rMeter Size ~~ '2000.Fee Amount• 2005-Fee Amount 3/4" X 5/8" $115.00 $120.00 1 " $200.00 $205.00 1 1/2" $435.00 $435.00 2" $575.00 $575.00 2" Compound $1,340.00 $1,445.00 2" Turbo $685.00 $745.00 3" Compound $1,710.00 $1,925.00 3" Turbo $955.00 $1,063.00 4" Compound $2,780.00 $2,960.00 4" Turbo $1,790.00 $2,140.00 6" Compound $4,980.00 $5,300.00 6" Turbo $3,140.00 $3,350.00 * All meters provided with connections or flanges. * Water Department staff will approve /disapprove, or require the application of turbo or compound meters • ~ ~licy 2.17 City of Hutchinson 2006 Water Turn-On Fee Schedule v N:Fees.xls . Fee .Amount Fee Type ~- .. ~ . ,:' ~° . .. ., . Reconnecting Delinquent Accounts and Disconnected Service Less than 60 Days $15.00 Same Connection Service After Hours, Weekends, and Holidays $30.00 RESOLUTION NO. 12877 RESOLUTION APPROVING THE EXTENSION OF FRASER'S SUBDIVISION PRELIMINARY PLAT BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF HUTCHINSON, MN: FINDINGS The property owner has requested an extension for an 8 lot preliminary plat to be known as Fraser's Subdivision with the following: Legal Description: OESCRIPTIQM FOR PHASE I Thdt plan of the Southeast Quarter of $eCto(t 2, Township I (~ North, Range 34 West. McLeod County, h~inr3esota, described as follows: ~ommencinp at the southeast corner of the Northeast Quarter of said Southeast Ouart+er: thence northerly, slang the Bost lire of said Southeast Quarter 955.16 feet to th+e southeast corner of CLOt1SE ADOPTION, according to the recorded plat thereof; thence westerly, abnq the south line of said CL4US~ ADDITION 8~b.0C3 feet to the southwest ctrrner of said CI.4USE AODITiQN and the point of beginning of the iQnd to #~e described; thanes southerly, slang the southerly prolongation of the west line of said CLQUS~ AQDITIQN 2.~ feet; thence South 89 dasgrees 25 rnnUt$'3 3c seconds west, assuming the east line of said Southeast t?uarter has a bearing of South 4 d$gre~s Q6 minutes 49 seconds West, a distance of 28~.O1 feet; thence North (~ degteex minutes 28 secandY 'West 125.1;0 feet to the intersection with the southerly line of CITY C9F Hl)fiCHIIVSOIV STREET FLIGHT QF wAY PL+4T NO. I ; thence easterly, olang said southerly line to the intersection with the northerly prolong+atian ofi said west lint! of CLOt15E AOOITIQIV thence southerly, along said northerly prolongation and along Said west Tine to the ponf of beginning. 2. The 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. 3. 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, if the conditions, as outlined below are met. CONCLUSION 1. The City Council hereby approves the extension for the Preliminary Plat. Adopted by the City Council this 27"' day of December, 2005 ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor 5l.~jl Hutchinson City Center iii Hassan st.~t SE Hutchinson, MN 55350-2522 320-587-5151/Fsa 320-234-4240 MEMORANDUM DATE: December 21, 2005 . TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF AN EXTENSION OF A PRELIMINARY PLAT KNOWN AS ERASER'S SUBDMSION Pursuant to Section 153.038 of the Hutchinson Municipal Code the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for an extension of a preliminary plat . HISTORY Section 153.38 of the City Code requires a final plat be submitted within 6 months of the approval of the preliminary plat or the preliminary plat will lapse. Brandon Fraser is asking for an extension of the preliminary plat for one year from the date of resolution. RECOMMENDATION The Planning Commission voted 6 ayes -1 abstaining to recommend approval of the extension for one year from December 27, 2005. Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission cc: Brandon.Fraser, 510 Jackson St. SW • -~~_ 5L~J1 ~ i w v i. ww v r. a i i i i i i, , r v. ~ rri i r c t i ii • v r i r rr r i r r r rr rr r i v. -r i i r. ~: i, y r r. n -r r. r ri r r i• r. a ~, u u i i. . r i r. ~ v. w. -r r r r r r r w r r r i ~ a~ n~ r. n m it r. a r s ~ r r r i r, ~i i a r z ~ iu e a r r~ DIRECTORS REPORT -PLANNING DEPARTMENT ~rriiisii~rirririeriiwirirrrarrrw~ririrrirrrririiiririiiiiiiiunirrrrii~+ut~.a-iiiwarrwirrrrriiuirirwiiiriiijorrrii rrr.~ To: Hutchinson Planning Commission (Persons in attendance at Planning Staff Meeting (in bold) From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Erin Eberdt, Judy Flemming, Jean Ward, John Rodeberg, P.E., Kent Eaner, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: December 5, 2005 -Meeting Date December 20, 2005 Applicant: Brandon Fraser, property owner EXTENSION OF PRELl11~NARY PLAT -ERASER'S SUBDIVISION Brief Description Section 153.38 of the City Code requires a final plat be submitted within 6 months of the approval of the preliminary plat or the preliminary plat wily lapse. Brandon- Fraser is asking for an extension of the preliminary plat for one year from the date of resolution. Analysis and • Recommendation: Staff would recommend approval of that request. (As a point of information, the issue of Honey Tree Road Vacation has been researched. It is required for the abutting property.owners to petition for vacation of a public street, .even through it is not located in dedicated.public right of way, rather through the prescription of rights.) cc: Brandon Fraser, Property Owner Cc: Brandon Fraser, 510 Jackson St. SW S~JI • 11 /22/05 To: City of Hutchinson t+l-4-rrr' }t~e-p~~e9t This memo is to request the Fraser's Subdivision preliminary plat to remain open~~ `-~~,~ (~„(-~ o~ !~-~o1~•f-,arc.. Thank you ~~"'r li~~~i~~ ,~ U andon Fra er 510 Jackson St Hutchinson, Mn 55350 (320) 587-4825 • • G~~~O ~~ titi~ ~o~ ~ ~g. c~°~.~e~ o~ 5~~~ 1 • i r Ff~ASER'S SUBDIVISION • R PRELIMINARY PLAT FCF/V~O I PARKSIDE ~ I PARKSIDE I C I I MCDONAIJ'S 0 MAY s uNPLATTED I SECON - -~ - FIRST I ~ • - - - L SIXTi ~ C~, 0 f ~~OS r ADDITION 1 I j ADDITION I AD~ITIONi ~epr of ~tchi~ -"- - - - - - _. -,~ BLOCK I BLOCK 2 BLOCK I I BLOCK 2 BLOCK 2 p Z.. ~ SAOd \ j , .•.. m I I ~ I Q, W _ .~,. . _. __.._____ .~.____ __.._.___ W O~ Z arurl w nrrclrr V I -~. ~ I I I +... ..ate I UNPLATrED. I e11i IM~alNyala1 p11 I ^--~ i I t' N 0®/!O af1~1 N III ~l}pY~~uMrrMr M Ivry pprlep MIS I~ Y ly N pp~ I ri1M~/~1. aL I~,1 M~Y wp•1 ~NNIat'a~ NIILiY111ar1 NYwr• pNl NI IpMaIIIM pf lp1 = ~ r p4 11 rN 1 b}iia l` .I a.Al m lap N Ip pn. N aNIIH a MIp r•IU •14 M -j ~~+_.i I4-~ ~ , ~ FU~iR~ P, 1 ~ f- ,: t :~ 1 r= •M+pa it res ae.rrl ri rIw rr ~~ ~I I i pea Ir ew a NY M prpa NN! r+r M aala rl pea a eN a rue W MMipa M M for AAEAa drawl Mild MY ~I IYfpY M4ulr M opMr•Irrp ~~-~ ~ ~. ~ ~ ..~" "•• I :LOUSEBJ.OCK 1 ADDRIpN ~~~~~ ~•*~ tm // tdR ~Nrr«erl~wNls ~i~ NI I. ~ I N3M >p h tp 1. llar s • largo M n ul 1. rrae• 11170 t.h GI .1. rlwt• 111aoNh lrl I, rl.ii t • I11tf 1N h LM R~t•ilrrONh lr 1. t • I111rNh LN 7 rMA L • IJ710 M h MllOrpl w oevaotcR: ardldrR Frdw aw Ikglert alr«r FMIe1lYlern MN osfarnoM -ot hrK 1 rAa1 Wn N Me OrrtNOH Ors/N of McIMr t. Twelllp I It WMI. tppa 'JO Mao Mdpd 4rry• MpNUK NpAN p h4ra r w I Gpppba N 1M pY1Maa1 aMpr ~ Ilr Nptlraal Warty N IMd 7wMw11 M'r 1/1 WarlNl McNr narMNl/•~1~r Mn ar11 Ma •f pq Nrlppi Ow,W EM.It INI r ~w:r Yr wnl...d ...... .IwNrb w....... _____ PREalNr aONaRi - R-I DIaNlICT ._...._____ lap ..._.__... rrr. arlllr wwr M a e. ppr ~r PROPOatp 20RMq - R-! DMrRIC- ~ w ~ ~ ew r.11 rl..I ~M IDf RI01~lYq rpw w rMM -» hil epm rrr ae r wrr 11NIpe i.r p piw w yl rprlp W rlrM - Ip a1N rewwpllYp-rrrun -----.--sw eup pur Nrrr IMlla rRiDrq rtr>rwlr hM - tl A11 - /pI• Nd repel ppNr rimer /rr IYpr rMi -rrM aeprW ra. - w MN a1~ rpw Ilpwr Iw11 Y rnlr • • • TOs Mayor and City Council FROM: Melissa Starke, Administrative Coordinator DATE: December 22, 2005 SUBJECT: .License Renewals for 2006 The following business/organizations have submitted applications and payment for 2006 licenses: 2006 LICENSE RENEWALS Haulin 1. Waste Management Taxi Cab 1. Quality Transportation Massage Licenses 1. Genesis Salon & Spa Tobacco Licenses 1. American Legion 2. Hutch Co-op 3. Main Street Sports Bar 4. Murphy USA 5~d~ C TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer ItE: Consideration of Improvement Project Change Orders DATE: December 27, 2005 As construction has proceeded on several projects there has been additional work, project scope revisions and construction schedule changes. 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. 5 - Letting No.10/Project No. 05-12 -Plaza 15 (additional work) -This Change Order addresses the additional aggregate base Class 5 material necessary to supplement on-site material. The imported material provided sufficient crushed aggregate to meet project specifications. These measures were deemed to be needed based on the results from our geotechnical engineering consultant, Braun Intertec. Total construction cost increase is $6,004.00. We recommend that all of the above Change Orders be approved in the amounts as listed. cc: Gary Plotz -City Administrator • ~~~ CHANGE ORDER N0. 5 CITY OF HUTCHINSON -ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 (612) 234-4209 sheet ~ of 1 NTRACTOR: Wm Mueller 8 Sons Inc Letting No. 10 Project No. 05-12 831 Park Ave, Hamburg MN 55339 Project Location: Plaza 15 DESCRIPTION OF CHANGE: Additional aggregate base Class 5 material necessary to supplement on-site material. The imported material provided sufficient crushed aggregate to meet project specifications. These measures were deemed to be needed based on the results from our geotechnical engineering consultant, Braun Intertea Item No. Spec. Ref. Item Name Unit Quantity ated: 12/22/2005 Unit Price Amount INCREASE ITEMS: DIVISION III -STREET CONSTRUCTION AND RESTORATION 1Z 2211 AGGREGATE BASE (CV) CLASS 5 (25% CRUSHED) (P) CY 316 $19.00 $6,004.00 $0.00 $0.00 TOTAL INCREASE ITEMS $6,004..00 DECREASE ITEMS: $0.00 $0.00 $0.00 TOTAL DECREASE ITEMS $0.00 NET INCREASE ~ $6,004.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of 6 004.00 (add)/(dedastj. An extension of -0- days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONSlDEDUCTIONS THIS ADDITION/O€BIdG~IAW TOTAL $605,327.30 $16,643.52 $6,004.40 $627,974.82 APPROVED: Contractor DATED: APPROVED: Mayor DATED: 12/27/2005 APPROVED: Director of Engineering DATED: 12/27/2005 APPROVED: ' City Administrator DATED: 12/27/2005 ~f~ SUBDIVISION AGREEMENT Cornerstone Commons CITY OF HUTCHINSON, MINNESOTA • THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Cornerstone Commons L.L.C., a Minnesota Limited Liability Company, hereinafter called the "Developer", and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City' ; WITNESSETH: WHEREAS, the Developer is the owner and developer of property situated in the County of McLeod, State of Minnesota, which has been surveyed and platted as "Cornerstone Commons". WHEREAS, City C+rdinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I. STAGING AREA There is Permission to utilize the outlined portion of Municipal Parking Lot "F", described as the east 20 stalls (10 on each side). Particular attention shall be given to placement of dumpsters, trailers, or other materials as to not negatively impact the traffic circulation in the area. If adjustments are requested by the City the Developer shall abide by the requests. The developer shall provide a $2,000 deposit to provide for the restoration of the lot after the construction period. ~ ~' ~~_y ~, t s: ~, ~,~ ' ~w~ ~~ ~ ~~` ~~ x~ ~ ,~: t~ 'r r ty;. j e > ;, ~ ~~ °~ ~cs_i ..~~ ua i ` f ~ ,_ 4~ 1'~ ` F4f iG-:" `i 5 M r~ ~ ~: t ~ ,~ Cornerstone Commons/Page 1 - Decmber 27, 2005 ~~ Restoration efforts would include any patching, seal coating, striping or other identified maintenance work required to bring the lot back to its condition prior to this use. City staff and representatives of Marcus. Construction shall coordinate the pre-use and post-use inspections. Inspection documentation shall be written and photographic. Developer recognizes that the azea north of Parking Lot "F" is a private lot, owned by the Main Street Antique property owner, and that operations of the Developer shall not be allowed on that properly, unless approved by that owner. II. ASSESSMENTS/IMPROVEMENTS The Developer has verbally communicated a request for streetscape improvements along the southerly boundary of the property along 1 S` Avenue NW. The Developer, all owners of real property abutting in Cornerstone Commons development, hereby petitions for improvements by construction of grading, gravel base, sidewalk, concrete curb and gutter, bituminous base, bituminous surfacing, lighting, and appurtenances, pursuant to Minnesota Statutes, Chapter 429, and that the City assess the entire cost of the improvements including engineering, administration and fiscal costs against this property described above, and hereby agrees to pay the entire cost as apportioned by the City. This petition shall be binding upon and extend to the heirs, representatives, assignees and successors of the parties. The Developer agrees to fulfill all federal, state and local requirements as determined necessary by the City for the completion of the requested work and assessing of all associated costs to the Developer. The work will be conducted through a Change Order within Letting No. 4/Project No. 05-04 (Downtown Streetscape). Thus, the ultimate cost of the work will be negotiated with the City's contractor, determined and communicated to the Developer prior to the work commencing. The assessment amount will be calculated by the City and placed on • .the property upon completion of the work. III. OTHER ISSUES/REQUIItEMENTS Pavement striping, bituminous pavementrepair/replacement, concrete curb repair/replacement, sidewalk repairs and any other work deemed necessary by the City to address impacts to adjacent infrastructure during the Developer's construction shall be the responsibility of the Developer. If the Developer fails to complete City requested repair work in a timely manner, costs to complete any repair work may be assessed against the property. IV. GENERAL 1. All security and safety improvements to the area shall, be the responsibility of the Developer. The Developer shall provide signage at 2nd Avenue N, 1st Avenue N and TII 7. noting that the sidewalk is closed and directing pedestrian traffic to utilize other, specific routes. All signage and protection shall meet the requirements of the State's temporary construction zones policy. 2. All snow removal in the area, including pazking azeas on the street that have limited access or conflicts with the construction project, shall be the responsibility of the Developer. The Developer may haul the snow from the site to the west side of Parking Lot "F", where the City will remove the snow, if and when their schedule permits. 3. It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Developer. All additional permitting (work in the right- Cornerstone Commons/Page 2 - Decmber 27, 2005 5~ of-way) shall be obtained from the Minnesota Department of Transportation and the City Public Works office. 4. This agreement shall be binding upon and extend to the heirs, representatives, assignees and successors of the parties. 5. It is understood and agreed that the Developer shall record this agreement at the McLeod County Recorder's Office or McLeod County. Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. The Developer shall pay all costs associated with said recording. • r. Cornerstone Commons/Page 3 - Decmber 27, 2005 S~ i SIGNATURES • Cornerstone Commons LLC (Developer) Signature:Christian Ochsendorf STATE OF MINNESOTA COUNTY OF • Christian Ochsendorf. Chief Manager Printed.Name & Title The foregoing instrument was aclaiowledged before me this . day of , 2005, by Christian Ochsendorf, Chief Manager of Cornerstone Commons LLC, a Minnesota Limited Liability Company Notary Public, My Commission Expires County, Minnesota Cornerstone Commons/Page 4 - Decmber 27, 2005 5l~ • MORTGAGEE: M&I MARSHALL & ILSLEY BANK Signature: STATE OF MINNESOTA COUNTY OF Printed Name & Title The foregoing instnunent was acknowledged .before me this day of 2005, by _ of M&I Marshall and Ilsley Bank, Mortgagee. Notary Public, My Commission Expires ; • • Cornerstone Commons/Page 5 - Decmber 27, X005 County, Minnesota J 5~~ • APPROVED BY THE HUTCHINSON CITY COUNCIL THE 27TH DAY OF DECEMBER 2005. • CITY OF HUTCHINSON: STEVEN W. COOK, MAYOR GARY D. PLOTZ, CITY ADMINISTRATOR STATE OF MINNESOTA The foregoing instrument was acknowledged before me this COUNTY OF day of 2005, by Steven W. Cook, Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: Kent Exner, PE, City Engineer Julie Wischnack, AICP, Director of Planning/ZoningBuilding • Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350-2522 (320-234-4212) or (320-234=4258) • County, Minnesota Cornerstone Commons/Page 6 - Decmber 27, 2005 MEMORANDUM • Date: December 22, 2005 To: Honorable Mayor & City Council From: Miles R. Seppelt, EDA Director RE: Public Hearing -Update of Business Subsidies Criteria When we last updated our business subsidy criteria the Council had inquired if it would be possible to change the Industrial Wage Goal to the U.S. Department of Health and Human Services Poverty Level for a family of four, which would automatically adjust each year. We've researched this and it turns out that we can indeed do that. On Tuesday evening then we'll have a public hearing and the council .can adopt the revised Business Subsidy Criteria. (see attached for full copy) • Pro'ect T e Retail Commercial Industrial 1 FT or FTE for Job Creation At least 1 FT or At least 2 FT or each $25,000 in Goal FTE FTE assistance provided. At least 100% of At least 125% of Hourly wages Wage Goal State or Federal State. or Federal equal to the Minimum Minimum Wage* U.S. Wage* ($6.15. / ($7.69 / hr) Department of hr.) Health and. Human Services Poverty Level for a family of four ($9.301 hr) • Proposed Change ~~~~ • RESOLUTION NO. 12882 RESOLUTION UPDATING BUSINES SUBSIDIES CRITERIA WHEREAS, Minnesota Statutes, Sections 116J.993 through 116J.995 (hereafter referred to as "the Statutes") as amended, allow for the updating of previously adopted criteria for the granting of business subsidies as defined in the Statutes, and; WHEREAS, the Hutchinson Community Development Commission, an Economic Development Authority, has determined that it is necessary and proper to update the city's business subsidies criteria pursuant to the Statutes, and; WHEREAS, the Economic Development. Authority has performed all actions required by law prior to the approval and adoption of the proposed business subsidy policy, including the holding of a public hearing upon published notice, as required by law, on December 27`h, 2005; • THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, That the Business Subsidy Criteria contained in Exhibit "A" of this resolution are hereby adopted and shall be on file at the office of the Hutchinson Community Development Commission. Adopted by the City Council this 27~' day of December, 2005. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor • c~c~~ ~s~ Business Subsidy Policy • Public Hearing Held Policy Adopted December 27`h, 2005 • 1 c~~~~ I. Introduction This Policy is adopted for the purposes of the business subsidies act (the "Act"), which is Minnesota Statutes, Sections 116J.993 through 116J.995, as amended. Terms used in this Policy are intended to have the same meaning as used in the Act, and this Policy shall apply only with respect to subsidies granted under the Act if and to the extent required thereby. While it is recognized that the creation of .good paying jobs is a desirable goal that benefits the community, it must also be recognized that not all projects assisted with business subsidies derive their public purposes solely by virtue of job creation. In addition, the imposition of high job creation requirements and high wage levels may be unrealistic and counter-productive in the face of larger economic forces and the financial and competitive circumstances of an individual business. The City further believes that each economic development opportunity offers its own unique benefit to the community whether it be retail, commercial or industrial in nature. These benefits may be in the form of added tax base, new or retained jobs, higher incomes, overall investment in the area, business diversification and / or increased economic activity and vitality. The Hutchinson Economic Development Authority was established in order to promote job creation, redevelopment and investment in the community as well as to expand the city's tax base and diversify the city's industrial, commercial and retail base. To effectively promote economic development within the city, be competitive vis-a-vis other communities and meet the diverse needs of business and industry, the EDA must have use of all the economic development incentives and tools legally ,available to it. The use of these incentives and tools cannot be judged nor can they be provided by a single measure, but must rather be evaluated in terms of community need, market trends, job creation, capital outlay and / or technology. II. Intent to Retain Flexibility Because it is not possible to anticipate every type of project that may provide benefit to the City, the City shall retain the option to amend or waive sections of this policy when it is determined to be necessary and / or appropriate. Minnesota Statute 116J.994, Subd. 2 allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the State. III. Business Subsidy Public Purpose Business Subsidies shall be provided in order to achieve the following public purposes: 1. Enhance the economic diversity of the city 2. Create high quality job growth • 2 ~( J 3. Provide for job retention • 4. Stabilize the community 5. Increase the tax base This policy is adopted in compliance with M.S. § 116J.994 Subd. 2. IV. Definitions "JOBZ Business Subsidy" means tax exemptions or tax credits available to a qualified business located in a job zone under the Job Opportunity. Building Zone (JOBZ) statute M.S. §§ 469.310 - 469.320. JOBZ Business Subsidies shall include: 1. Exemption from individual income taxes as provided under M.S. § 469.316; and 2. Exemption from corporate franchise taxes as provided under M.S. § 469.3.17; and 3. Exemption from the state sales and use tax and any local sales and use taxes on qualifying purchases as provided in M.S. § 297A.68, subdivision 37; and 4. Exemption from the state sales tax on motor vehicles and any local sales tax on motor vehicles as provided under M.S. § 297B.03; and 5. Exemption from the property tax as provided in M.S. § 272.02, subdivision 64; and 6. Exemption from the wind energy production tax under M.S. § 272.029, subdivision 7; and 7. ~T'he jobs credit allowed under M.S. § 469.318. "Business Subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business, and as defined by the Business Subsidy statute M.S. §§ 116J.993 - 116J.995. Business Subsidies do not include the following: 1. Assistance of less than $25,000. 2. Business loans or loan guazantees of $75,000 or less 3. Federal -loan funds provided through the U.S. Economic Development Administration. 4. Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of businesses, size, location or similaz general criteria; 5. Public improvements to buildings or lands owned by the City of Hutchinson that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements aze made; • 3 t~l~ 6. Property polluted by contaminants being redeveloped as defined in M.S. § 116J.552, subd. 3. 7. Assistance provided for the sole purpose of renovating -old or decaying building stock or bringing it up to code and assistance to designated historic preservation sites or districts, provided that the assistance is equal to or less than 50% of the total cost of the development; 8. Assistance to provide job readiness and training services; 9. Assistance for housing; 10. Assistance for pollution control or abatement, including assistance from a TIF hazardous substances subdistrict; 11. Assistance for energy conservation; 12. Tax reductions resulting from conformity with federal tax law; 13. Workers compensation and unemployment compensation; 14. Benefits derived from regulation; 15. Indirect benefits derived from assistance to educational institutions; 16. Funds from bonds allocated under M.S., Chapter 47A refunding bonds and 501(c)(3) bonds; 17. Assistance for collaboration between a Minnesota higher education institution and a business; 18. Assistance from a tax increment financing soils condition district as defined under M.S.469.174, subd.l9; 19. Redevelopment when the Recipients or Qualified Business' investment in the. purchase of the site and in site preparation is 70 percent or more of the assessor's current years estimated market value; 20. General changes in tax increment financing law and other general tax law changes of a principally technical nature; 21. Federal assistance until the assistance has been repaid to and reinvested by the local. governmental unit; 22. Funds from dock or wharf bonds issued by a seaway port authority; "Business Subsidy Report" means the annual reports submitted each year for each business receiving a business subsidy in the community. The report is submitted by the local government unit in order to comply with M.S. § 116J.994 Subd. 7. (b). "Criteria" means the equitably applied, uniform standards by which the Economic Development Agency and /or the City bases its decision to award any business subsidy to a private business or development project establishing a business and creating jobs in the City of Hutchinson. "DEED" means Minnesota Department of Employment and Economic Development. "Economic Development Agent" means the city department, local or regional economic development agency or other authorized entity that is empowered to solicit, negotiate and form business subsidy agreements on behalf of the City of Hutchinson. The Economic Development Agent for the City of Hutchinson shall be the Economic Development Authority (EDA) Board of Directors, hereinafter "Agent". 4 t~( "Operation Start Date" shall mean the date by which the business begins is operations in the zone as evidenced by constructing a facility or relocating to an existing building and beginning revenue generating operations and / or hiring employees. "Qualified Business" means an legal entity that carries on a trade or business within a Job Opportunity Building Zone as referenced in M.S. § 469.310 Subd. 11; and complies with the reporting requirements specified by M.S. § 469.313 Subd. 2. (5); and shall comply with the job and wage criteria established by this policy and shall also mean "Recipient" as defined by Business Subsidy law. "Recipient" means any business .entity that receives a business subsidy as defined by M.S. § 116J.993, and that has signed a Business Subsidy Agreement with a city. `Relocating Business" A business relocating from another Minnesota non-JOB Zone location. "Relocation Agreement" means a binding written agreement between a relocating qualified business and the commissioner of DEED pledging that the qualified business shall either: (a) increase. full-time or full-time equivalent employment in the first full year of operation within the. Job Opportunity Building Zone by at least 20 percent, or (b) make a capital investment on the property equivalent to 10% of the gross revenues of .the operation that was relocated in the immediately preceding taxable .year; and provides for repayment of all tax benefits if the requirements of (a) or (b) are not met. "Subzone" means the parcel or parcel of land designated by the Commissioner of Employment and Economic Development within a Job Opportunity Building Zone within the boundaries of Hutchinson to receive certain tax credits and exemptions specified under M.S. § 469.310- 469.320. "Zone" means a Job Opportunity Building Zone or an Agricultural Processing Facility Zone designated by the commissioner of Employment and Economic Development under M.S. § 469.314. V Business Subsidy Policies and Requirements The City of Hutchinson adopts the following: Any time the City of Hutchinson provides a business subsidy to a Qualified Business or Recipient, that business is subject to the wage levels, job creation and other criteria set forth in this policy and specified in the Business Subsidy Agreement made with the city. In the event of a conflict between the requirements of the Business Subsidy statute M.S. §§ 116J.993 - 116J.995 and the JOBZ statute M.S. §§ 469.310 - 469.320, the JOBZ statute shall supersede. 5 ~,L~ 2. Job Creation &Wage Guidelines • Assistance may be provided as follows: Pro'ect T e Retail Commercial Industrial 1 FT or FTE for Job Creation At least 1 FT or At-least 2 FT or FTE each $25,000 in Goal FTE assistance provided. At least 100% of At least 125% of State Hourly wages equal Wage Goal State or Federal or Federal Minimum to the U.S. Minimum Wage* Wage* Department of ($6.15 / hr.) ($7.69 / hr) Health and Human Services Poverty Level for a family of four ($9.301 hr) •Whichever ~s higher 3. The City of Hutchinson may deviate from the wage and job criteria in this section by documenting the reason in writing for the deviation and attaching a copy of this reason to the next annual Business Subsidy Report submitted to DEED. 4. The qualified business that received JOBZ tax benefits shall be identified in the Business Subsidy Agreement as one of the following: a. Trade or business located and operating in a JOBZ at the time of Zone designation; or, b. Business start-up located within the sub-zone; or, c. Business expanding in the subzone which is a business that maintains its current operations in its present location .and is expanding its. operations and its payroll within the City of Hutchinson sub-zone; or, d. Business relocating from another state; or, e. Business relocating from another Minnesota non-Zone location (specifying the City). 5. The City of Hutchinson authorizes the Economic Development Authority to act as its Economic Development Agent for purposes of marketing the city, initiating & negotiating Business Subsidy Agreements, and executing Business Subsidy Agreements on its behalf. 6. A public hearing shall be held by the City of Hutchinson as provided by M.S. § 116J.994, when the- value of the subsidy exceeds or is expected to exceed $100,000 from local sources. 6 ~~a~ The purpose of the hearing is to identify and. define the criteria that the qualified • business or recipient shall meet in order to be eligible to receive a business subsidy or become a "Qualified Business" for purposes of the JOBZ statute. The hearing .shall specify all information required to be included in the Business Subsidy Agreement as listed in section 7 (a) (below). As provided by M.S. 116J.994, Subd. 5., a public notice shall be published in print and if possible, on the internet, at least 10 days prior to the hearing identifying the location, date, and time- of the hearing and providing information about the business subsidy proposed, including a summary of the terms of the subsidy. 7. Requirements of Businesses a. The business must enter into a "Business Subsidy Agreement" with the City that includes: (1) A description of the subsidy, including the amount and type of subsidy, and the type of district if the subsidy is tax increment financing; (2) A statement of the public purpose(s) of the subsidy; (3) Measurable, specific and tangible. goals for the subsidy; (4) A description of the financial obligation of the recipient if the goals are not met; (5) A statement of why the subsidy is needed; (6) A commitment to continue operations in the jurisdiction where the subsidy is used for at least. five years after the benefit date, or in the case where JOBZ tax benefits are provided, for the duration of the Job Zvne term; (7) The name and address of the parent corporation of the recipient, if any; and, (8) A list of all financial assistance'by all grantors for the project b. Businesses failing to meet the goals agreed to in the Business Subsidy Agreement must repay the assistance provided with interest, which is set at no less than the implicit price deflator as defined in the Business Subsidy Statute, M.S. §§ 116J.993 - 116J.995. Repayment may be prorated to reflect partial fulfillment of goals. c. If the business is locating in a JOBZ zone and the qualified business is a relocating business under the definition provided in this policy, the. business shall also be required to enter into a "Relocation Agreement" between the qualified business and the commissioner of DEED pledging that the qualified relocating business shall: (1) Increase full time employment by 20% (measured relative to the.. operations that were relocated) within the first full taxable year of • 7 ~~~~ operation within the Zone and maintains the required level of employment • during each year of zone designation; OR (2) Make a capital investment in the Zone equivalent to at least 10% of gross revenues for the taxable year immediately preceding relocation to the Zone. AND (3) Report to DEED if the business will: 1. Cease one or more operations or functions at a non-Zone location and begin performing substantially the same functions inside the Hutchinson Zone; and / or, 2. Reduce employment at the non-Zone location starting one year before and ending one year after. beginning operations in the Zone where -its employees in the Zone are engaged in the same line of business as the employees at the location where it reduced employment; and, (4) Identify the date when operations are planned to begin in the JOB Zone. Adopted by the Hutchinson Community Development Commission, an Economic Development .Authority, on December 2"d, 2005. Public hearing held and policy adopted by the Hutchinson City Council on December 27th, 2005. • 8 t~l ~l • • Hutchinson Area Chamber of Commerce, Convention & Visitors Bureau Lodging Tax Budget Last updated: December 15, 2005 @ 2:OOpm :Revenue Budget'05 Actual'05 Proposed'06' bodging Tax Income $ 60,000.00 $ 73,115.89 $ 69,000.00 EVENT INCOME: Conventions/Meetings $ - $ - $ 1,000.00 EVENT INCOME: other/new $ - EVENT INCOME: WPSA $ - $ - $ 1,000.00 INTEREST INCOME: checking $ - $ 13.90 $ 20.00 INTEREST INCOME: savings $ - $ 0.51 $ - INTEREST INCOME: CD's (Lodging Tax) $ 1,500.00 $ 887.12 $ 500.00 CASH OUT of Novation cert.#17 $ 14,160.63 $ 85,680.63 )Erxpensea _ ~ ~ ~ _ _ y - ' .Proposed'06''. Salaries & Wages $ 53,400.00 $ 50,388.04 $ 44,001.60 Payroll Tax Expenses $ 2,200.00 $ 3,932.80 $ 3,520.13 Simple IRA Expenses $ 950.00 $ 1,511.16 $ 1,320.05 Rent Expense/Utilities $ 5,400.00 $ 5,710.28 $ 5,400.00 Telephone Expense (phone, DSL, cellular) $ 1,000.00 $ 1,470.64 $ 1,200.00 Professional Services (accounting, legal) $ - Office Supplies (general) $ 1,500.00 $ 941.12 $ 950.00 Dues, Subscriptions &~Books $ 625.00 $ 590.00 $ 500.00 Technology Expenses (hosting, CM, exchange) $ - Office Equipment Expenses (hfFP, PC's, etc.) $ 1,000.00 $ 999.98 $ 200.00 Professional Dev./Conferences Expenses $ 250.00 $ 454.54 $ 250.00 Travel Expenses ~ $ 500.00 $ 297.29 $ 150.00 PROGRAM EXPENSE: Websiste development/update $ 650.00 $ - $ 1,850.00 PROGRAM EXPENSE: Community Ad./Promotion $ 1,400.00 $ 870.50 $ 4,315.00 PROGRAM EXPENSE: Hosp. Map $ - $ - $ 710.00 PROGRAM EXPENSE: Hosp. Newsletter $ - $ - $ 150.00 PROGRAM EXPENSE: Table Tents $ - $ - $ 2,087.00 PROGRAM EXPENSE: Weekend Guide $ 5,400.00 $ 5,058.75 $ 8,695.00 PROGRAM EXPENSE: Campaigns $ 5,138.00 $ 3,199.03 $ 7,181.00 EVENT EXPENSE: WPSA & other $ - $ - $ 850.00 Postage Expense: Visitors Guide $ 1,000.00 $ 1,152.24 $ 1,350.00 Merchandising Expense $ 1,000.00 $ 85,679.78 Profit/ (Loss) 3' 0.85 .CITY OF HUTCHINSON 2006 COMPENSATION PLAN Effective January 1, 2006 RESOLUTION NO. 12846 RESOLUTION ADOPTING POSITION CLASSIFICATION ASSIGNMENT TABLE AND CORRESPONDING PAY GRID EFFECTIVE JANUARY 1, 2006 WHEREAS, the City Council has considered the existing classification of positions for the City of Hutchinson and the current economic conditions, BE IT RESOLVED, that a Position Classification Plan is hereby adopted. All positions covered by this Resolution shall be grouped in grades having a definite range of difficulty and responsibility. For each position there shall be a title; and there shall be shown examples of work which are illustrative of duties of positions, as well as requirements as to knowledge, abilities and skills necessary for performance of the work; and a statement of experience .and training desirable for recruitment into a position. A. Plan Obiectives • To establish and maintain a compensation plan that enables the City of Hutchinson to be highly competitive within our defined market. • To lead or exceed the market in attracting and retaining qualified, reliable and motivated • employees who are committed to quality and-excellence for those we serve. • To ensure, subject to the financial condition of the City, that employees receive fair and equitable compensation in relation to their individual contributions to the City's success.. • To follow the principles of pay equity in establishing and maintaining pay relationships among positions based on the categories of the Stanton Point Factor System. • To ensure program flexibility necessary to meet changing economic, competitive, technological, and regulatory conditions encountered by the City. • To balance compensation and benefit needs with available resources. B. Plan Structure The compensation plan specifies salary range minimums and maximums. The intent of each salazy grade is to fall within 80 % and 115 % of identified mazket for positions within the grade. (See Attachment B) Each numbered pay grade in the basic table consists of the following: 1. Salary Minimum: The lowest amount paid to an employee in a specific job grade or class. No employee will receive less than the minimum rate. (80% of mazket) 2. Salary Mid-point: The middle of the salary range: (97.5% of market) 3. Market Rate: The mazket rate represents the competitive rate for an employee who is fully functional within their current position. (100%) 4. Salary Maximum: The difference between the salary market rate and the salary • maximum represents merit pay for employee performance above that expected of a ~c~~ particular job. No employee will be paid above the maximum of the salary range. (115% of market), C. Open Salary Range The City shall adopt an Open Salary Range compensation plan that will allow for maximum flexibility and in-rage salary administration since. there are not defined or pre-calculated "steps". Employee movement within the pay grade range to which their position is assigned is based solely on performance. The open salary range concept rewards good and exceptional performers and advances employees to the market rate more quickly. (See item H. [4]) D. Position Classification Assignment The assignment table shall assign all of the various positions in the Position Classification Plan to the appropriate pay grade (See Attachment A). The City Administrator and Human Resources Director may jointly approve a reclassification of a position provided the reclassification does not exceed two grades upward or two grades downward from the current pay grade. To initiate consideration of this type of reclassification, the department director shall submit in writing the specific reasons for the reclassification. Any changes to the classification of a position of more than two pay grades shall be approved by the City Council. Requests for reclassification are normally brought be fore the Council each January, and at other times of the year, as needed. To initiate such a reclassification request, the .department director shall submit a written request for consideration to the. City Administrator and • the Human Resources Director. The request shall include a description of significant or considerable changes to the position that warrant a reclassification. The City Administrator and Human Resources Director will determine if the reclassification request is to be forwarded to the City Council for consideration. E. Allocation Of New Positions When a new position is created for which no appropriate description exists or when the duties of an existing position are sufficiently changed so that no appropriate description exists, the City Council, after recommendation of the Human Resources Director, shall cause an appropriate job description-specification to be written for said position. F. Pav Grades 1. Exempt Employees Each position is assigned a pay grade. The normal beginning rate for a new employee. will be the minimum rate. After satisfactory completion of twelve months probation,. an increase may be granted as warranted by the annual performance appraisal. Thereafter, consideration for increases will be given annually on each individual anniversary date. The City Administrator reserves the discretion to adjust individual rates within the assigned pay grades as required. The Council will determine any pay increase for the City Administrator. Consideration for market adjustment for all pay grades will be made each January 1. . gc~~ 2. Non-Exempt Employees Each position is assigned a pay grade. The normal beginning rate for a new employee will be the minimum rate. After satisfactory completion of twelve months probation, an increase may be granted as warranted by the annual performance appraisal. Thereafter, consideration for increases will be given annually on each individual anniversary date. The City Administrator reserves the discretion to adjust individual rates within the assigned pay grades as required. Consideration for market adjustment for all pay grades will be made each January 1. 3. Police Patrol Positions The position of full time police patrol officer is assigned to Grade 5 on the pay plan. Temporary assignments will be made from these positions as needed for the investigative function for the department. With said assignment, there will be an additional $200..00 per month premium on top of the employee's patrol officer pay grid assignment. 4. Part-Time Liquor Store Clerk, Part-Time Custodial and Part-Time Compost Site Monitor Positions The part-time positions of liquor store clerk, custodian, and compost site monitor have been placed in separate pay plans that recognize the specific industry labor markets in which they work. The City Administrator and the Human Resources Director, as directed by the Administrator, shall maintain the discretion to hire at any point within the range based on the qualifications, experience, market conditions or other relevant factors, to secure the best candidate for the position. G. Apprenticeship Program City Administration will implement for 2006 an apprenticeship program for those Water and Wastewater Department positions subject to identified employee development including required licensuresldemonstrated skills, experience /longevity, and maturation in a position that directly affect the department's ability to deliver municipal services. H. Performance Evaluations 1. For all regular full time and part time employees, a performance appraisal or evaluation will be made on, at minimum, an annual basis. An evaluation made by the employee's supervisor shall be submitted in writing to the employee and to the City Administrator. All evaluations will be forwarded to Human Resources for filing in the employee files. 2. Evaluations shall be based upon the performance of the individual in the position measured against established job performance criteria. Such. criteria may include level of knowledge, skills, ability, quality of work, personal work traits, compliance with established City or departmental rules and regulations or any other criteria that is indicative of performance. 8( 3. The performance appraisal process is the application of performance standards to past performance. In appraising an employee, these are the basic levels of performance:. 5 -Outstanding -Performance is exceptional in all areas and is recognizable as being far superior to others. 4 -Exceeds Job Requirements -Results clearly exceed most positions requirements. Performance is of high quality and is achieved on a consistent basis. 3 -Meets Job Requirements -Competent and dependable level of performance. Meets performance standards of the job. 2 -Needs Improvement -Performance is deficient in certain area(s). Improvement is necessary. 1 -Unsatisfactory -Results are generally unacceptable and require immediate improvement. 4. Results The results of the employee's evaluation will normally have the following effect on his/her salary per the following Merit Increase Guide: Merit Increase Guide for Open Salary Ranges Achievement Level 0 to 1.1 to 2.0 to 2.76 to 3.51 to 4.26 to 1_0 1.99 2.75 3_5 4.25 5_0 Compa-Ratio* 80.0 - 84.9 0% 0% 4% 5% 6% 7% 85.0 - 89.9 0% 0% 4% 5% 6% 7% 90.0 = 94.9 0% 0% 3% 4% 5% 6% 95.0 - 99.9 0% 0% 2% 3% 4% 5% 100.0 -104.9 0% 0% 0 % 2% 3% 4% 105.0 -109.9 0% 0% 0% 1% 2% 3% 110.0 -115.0 0% 0% 0% 0% 2% 3% *Compa-ratio refers to the location of the individual in the range relative to the market. 5. Market Conditions Notwithstanding any language to the contrary, the City Council retains the right to deviate from the pay plan when, in the sole judgment of the City Council, market conditions or other circumstances dictate such a decision. The City Administrator and Human Resources Director maintain final approval responsibility for salary increases I. Annual Market Adiustment Consideration The Wage Committee recommends an annual market adjustment, expressed as a percentage increase, to the City Directors for review and to the City Council for review-and approval. The amount approved, if any, is applied to the wages of all eligible employees on the first payroll day of the year. ~~~~ Eligible employees include all regulaz full time and regulaz part time employees except those • who have been subject to disciplinary action per Section 22 of the City of Hutchinson Employee Handbook -Personnel Policy as follows: An additional consequence of disciplinary action more severe than level a -oral reprimand -will be the permanent loss of the January 1 market adjustment in the calendar year following such disciplinary action. This will occur unless the director in charge and the City Administrator decide otherwise. Any market adjustment on January 1 of any yeaz shall be sepazate and apart from the individual anniversary increases. In determining a recommendation for an annual market adjustment, the wage committee shall consider, at least the following information: 1. U.S. and Minneapolis/St. Paul consumer priced index changes (CPIU & CPIV~ 2. Social Security calculation of cost of living increase 3. Unemployment rate 4. Employee turnover rate 5. Area wage survey 6. Legislative growth factor constraints J. Modification of the Plan The City Council reserves the right to modify any or all of the components or to vary from any of the components of the Compensation Plan at its discretion and at any time. K. Review of the Plan As often as necessary to assure continued correct classification, the .Position Classification Plan shall be reviewed by the Director of Human Resources and necessary adjustments recommended to the City Council. It is recommended that a comprehensive review be completed at least every three yeazs. L. Filing of the Plan .Upon adoption of the Resolution, a copy ofthe-Position Classification Plan approved by the City Council shall be placed on file with the City Administrator. The plan so filed and subsequently adjusted by the Council shall be the Position Classification Plan of the City. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON That the following table is hereby adopted as the City Position Classification Assignment Table, to be reviewed from time to time, assigning the various positions in the Position Classification Plan to the appropriate pay grades in the table. Pay grades for regulaz part time (PT) positions aze assigned according to job responsibilities at the discretion of the City Administrator and Director of Human Resources. • ~~~~ City of Hutchinson Position Classification Table 2006 ~ade Position Title Office Specialist (PRCE) PT Cemetery Maintenance Worker PT Water Maintenance Worker PT Compost Scale Operator PT Cusotidan (Fire Station/Library/Event Center) Grade Position Title 4 Public Works Program Specialist Senior Public Works Maintenance Specialist Senior Wastewater Maintenance Specialist Event Center Coordinator Executive Assistant/Paralegal GIS Specialist Information Technology Specialist Natural Resources Specialist Police Officer {FT/PT) Senior Engineering Specialist 2 Administrative Secretary (Public Works) Senior Office Speccalist (Building) Utility Billing Specialist PT Accounting Specialist PT Human Resources Technician PT Liquor Sales Clerk PT Licensing Clerk PT Office Specialist (PRCE/Wastewater) • • 4 6 Assistant Liquor Sales Manager City Forester Recreation Services Coordinator Police Records Specialist Police Supplemental Services Specialist General Maintenance Worker (City Center/Event Center) Administrative Secretary (Engineering/Planning/Police) Lab Specialist/Wastewater Operator Senior Liquor Sales Clerk Parks Maintenance Equipment Operator Arena/Civic Center Maintenance Specialist Heavy Equipment Operator Public Works Maintenance Specialist Water Plant Operator Wastewater Services Operator Licensing Specialist Compost Equipment Operator Compost Equipment Maintenance/Operator PT Senior Accounting Specialist PT Recreation Specialist Accountant Building Inspector Cemetery Supervisor Compost Operations Specialist Emergency Dispatcher (FT/PT) Engineering Specialist Equipment Mechanic Fire Inspector Lead Compost Equipment Operator Lead Parks Maintenance Worker Parks Maintenance Specialist Payroll/Benefits Specialist Police Investigations Specialist Plant Equipment Mechanic 7 Building Official Compost Supervisor Water Systems Supervisor 8 Motor VehicleDeputy Registrar Parks Supervisor Police Sergeant Recreation Facilities Operations Manager 10 Police Lieutenant Public Works Superintendent 12 City Engineer Economic Development Director Fire Chief Human Resources Director IT Director Liquor Sales Manager Planning Director Water/Wastewater Director. 14 Finance Director Police Chief/Emergency Management Director PRCE Director 16 City Attorney 17 19 Public Works Director City Administrator Attachment A g Q.~ LJ City of Hutchinson 2006 Compensation Plan -Pay Grid (+4.1 % ) Mid-Pt. Mid-Pt. Market Market 80% 80% 97.5% 97.5% 100% 100% 115% 115% 19 582 $6 $37.971 $8,021 $46.278 $8,227 $47.464 $9,461 $54.584 18 , 342 $6 $36.587 $7,729 $44:590 . $7,927 $45.734 $9,116. $52.594 17 , 102 $6 $35.207 $7,437 $42.908 $7,628 $44.009 $8,772 $50.610 16 , 862 $5 $33.822 $7,145 $41.221 $7,328 $42.278 $8,427 $48.619 15 , $5,622 $32.433 $6,851 $39.528 $7,027 $40.541 $8,081 $46.622 14 382 $5 $31.048 $6,559 $37.840 $6,727 $38.810 $7,736 $44.632 13 , 142 $5 $29.664 $6,266 $36.153 $6,427 $37.080 $7,391 $42.641 12 , 902 $4 $28.279 $5,974 $34.465 $6,127 $35.349 $7,046 $40.651 11 , 661 $4 $26.890 $5,680 $32.772 $5,826 $33.612 $6,700 $38.654 10 , 421 $4 $25.505 $5,388 $31.084 $5,526 $31.881 $6,355 $36.664 9 , 181 $4 $24.120 $5,095 $29.397 $5,226 $30.151 $6,010 $34.673 8 , 941 $3 $22.736 $4,803 $27.709 $4,926 $28.420 $5,665 $32.683 7 , 701 $3 $21.351 $4,510 $26.022 $4,626 $26.689 $5,320 $30.692 6 , 460 $3 $19.962 $4,217 $24.329 $4,325 $24.952 $4,974 $28.695 5 , 220 $3 $18.577 $3,924 $22.641 $4,025 $23.222 $4,629 $26.705 4 , 981 $2 $17.197 $3,633 $20.959 $3,726 $21.497 $4,285 $24.721 3 , $2 740 $15.808 $3,339 $19.266 $3,425 $19.760 $3,939 $22.724 2 , $2 499 $14.419 $3,046 $17.573 $3,124 $18.023 $3,593 $20.727 1 , 170 $2 $12.522 $2,645 $15.261 $2,713 $15.652 $3,120 $18.000 , PT Custodian $11.38 $13.86 $14.22 79 $10 $16.35 $12.40 PT Li uor Store Clerk $8.63 $10.52 87 $9 . $10.12 $11.64 PT Co m ost Monitor $8.10 . This Tesolution authorizes staff to change 2006 budget appropriations to reflect rate changes. Adopted by the City Council this day of , 2005 . (This Replaces Resolution No. 12566 ATTEST: .Steven W. Cook, Mayor `~. ~./ Attachment R Gary D. Plotz, City Administrator 7 CITY OF HUTCHINSON RESOLUTION NO. 12868 RESOLUTION ADOPTING THE GENERAL FUND BUDGET FOR FISCAL YEAR 2006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the annual General Fund budget of the City of Hutchinson for the fiscal year 2006 which has been submitted by the City Administrator and approved by the City Council is hereby Adop#ed; the total of said budgets and the major division thereof being as follows:. GENERAL FUND • Adopted by the City Council this 27th day of December 2005 3,836,000 44,900 287,100 2,631,300 1,600,815 68,000 55,000 1,643,500 243,422 $10,410,037 $6,668,901 540,614 347,267 1,799,549 162,541 561,350 230,615 99,200 $10,410,037 Steven W. Cook Mayor • REVENUES AVAILABLE CURRENT REVENUE Taxes License Permits Inter-Governmental Revenue Charges for Services Fines Interest Transfers from Other Funds Refunds & Reimbursements TOTAL AVAILABLE REQUIREMENT APPROPRIATIONS Personal Services Supplies Consulting Other Services & Charges Principal and Interest Transfers Miscellaneous Capital Outlay TOTAL APPROPRIATIONS ATTEST: Gary D. Plotr City Administrator gc~~ CITY OF HUTCHINSON • DEFERRED COMPENSATION PLAN TABLE OF CONTENTS ARTICLE I PURPOSE AND INTENT ............................................. .............................................. 1 Section 1.1 Purpose of Plan ...................................................... .......................................:..... 1 Section 1.2 Compliance with Section 457(a) and (b) ............... ............................................. 1 ARTICLE II DEFINITIONS ............................................................. .............................................. 1 Section 2.1 Definitions ...:....................:..................................... ............................................. 1 Section 2.2 Rules of Interpretation ........................................... ............................................. 5 ARTICLE III PARTICIPATION ...................................................... ...................................:..........5 Section 3.1 Eligibility ............................................................... ............................................. 5 Section 3.2 Enrollment .............................................................. ............................................. 5 Section 3.3 Information Provided by the Participant ............................................................. 6 Section 3.4. Contributions .......................................................... ........................................:.... 6 Section 3.5 Amendment of Elections Made Under the Plan ... .............................................. 6 • Section 3.6 .Leave of Absence .................................................. .............................................. 7 Section 3.7 Disability ............................................................... .............................................. 7 ARTICLE IV CONTRIBUTIONS ................................................... .............................................. .7 Section 4.2 Participant Covered By More Than One Plan .................................................. 10 Section 4.3 Minimum Deferrals ........................................................................................... 10 . Section 4.4 Modifications of Deferrals and Correction of Excess Deferrals...........:........... 10 Section 4.5 Protection of Persons Who Serve in a Uniformed Service ............................... 11 Section 4.6 Leaves of Absences ........................................................................................... 11 Section 4.1 Deferred Compensation ...................................................................................... 7 ARTICLE V INVESTMENT AND ADJUSTMENT OF ACCOUNTS .......................................12 Section 5.1 Investment of Funds .....................................:............... ..................................... 12 Section 5.2 Trust Requirements ...................................................... ..................................... 13 Section 5.3 Valuation and Adjustment of Accounts ....................... ..................................... 14 Section 5.4 Management and Investment of Fund .......................... ..................................... 14 ARTICLE VI L ............................................................... OANS ......................................15 .............. Section 6.1 Loans Under the Plan :.............................................:.... ..................................... 15 2 Section 6 Maximum Loan Amount .............................................. ..................................... 15 . • 2564533v2 1 I `-~ Section 6.3 Terms of the Loan .............................................................................................15 Section 6.4 Security for the Loan and Default 16 • Section 6.5 ..................................................................... Repayment ................................ ARTICLE VII VESTING OF ACCOUNT ......................................................:............................. 17 Section 7 1 .................................................................................................. Vested Benefit 17 . . . 17 Section 7.2 .... Distribution of Vested Benefits ..............:.................................................... ARTICLE VIII DISTRIBUTIONS ................................................................................................ 17 Section 8.1 Distribution Requirements ......................................................:.:....................... 17 Section 8.2 Benefit Distributions at Retirement or Other Severance From Employment... 18 Section 8.3 Election of Benefit Commencement Date ........................................................ 18 Section 8.4 Forms of Distribution ........................................................................................ 18 Section 8.5 Death Benefit Distributions . ............................................................................. 19 Section 8.6 Account Balances of $1,000 or Less .........................................:....:.................. 19 Section 8.7 Amount of Account Balance ............................................................:.......:........ 19 Section 8.8 Revocation of Prior Election ............................................................................. 19 Section 8.9 Latest Distribution Date .................................................................................... 19 Section 8.10 : In-Service Distributions from Rollover Account .......................................... 20 Section 8.11 Unforeseeable Emergency Distribution ........................................................ 20 Section 8.12 Mandatory Distributions of Certain Account Balances of $1,000 or Less... 21 Section 8.13 Rollover Distributions ................................................................................... 21 Section 8.14 Designation of Beneficiaries ..:...................................................................... 22 ARTICLE. IX ROLLOVERS TO THE PLAN AND TRANSFERS ............................................ .24 Section 9.1 Eligible Rollover Contributions to the Plan ...................................................... 24 Section 9.2 Plan-to-Plan Transfers to the Plan ..............................................................:..... 25 Section 9.3 Plan-to-Plan Transfers from the Plan ................................................................ 26 Section 9.4 Permissive Service Credit Transfers ................................................................. 26 ARTICLE X PLAN ADMII~TISTRATION ......................................................................:.............27 Section 10.1 Committee ..................................................................................................... 27 Section 10.2 Conflict of Interest ........................................................................................ 28 Section 10.3 Spendthrift Provisions ................................................................................... 28 Section 10.4 Domestic Relations Order ............................................................................. 29 Section 10.5 Section 10.6 IRS Levy ....................................................................................................... Mistaken Contributions ................................................................................. 31 31 Section 10.7 Payments to Minors and Incompetents ......................................................... 31 Section 10.8 Procedure When Distributee Cannot be Located .......................................... 31 ARTICLE XI AMENDMENT AND TERMINATION ................................................................32 Section 11.1 Amendment of Plan ..............................................:....................................... 32 • Section 11.2 Plan Termination ........................................................................................... 32 2564533v2 11 ~~~ CITY OF HUTCHINSON DEFERRED COMPENSATION PLAN ARTICLE I PURPOSE AND INTENT Section 1.1 Purpose of Plan. The City of Hutchinson, a local governmental entity that is a political subdivision of the State of Minnesota and that is an "eligible employer" described in paragraph (1) of subsection (e) of section 457 of the Internal Revenue Code, established a deferred compensation plan for the benefit of certain individuals performing services for the City of Hutchinson, known as the "City of Hutchinson Restated Deferred Compensation Plan," for the purpose of attracting and retaining employees by permitting them to participate in the plan which provides for the payment of deferred compensation on retirement or separation from service. Pursuant to Article X of the City of Hutchinson Restated Deferred Compensation Plan and the authority and power of the City of Hutchinson, effective as of January 1, 2005, this instrument is an amendment and restatement of the City of Hutchinson Restated Deferred Compensation. Plan, and it shall supersede the provisions of that plan. Section 1.2 Compliance with Section 457(a) and (b). The City of Hutchinson Deferred Compensation Plan (the "Plan") is intended to be an eligible deferred compensation plan within the meaning of subsections (a) and (b) of section 457 of the Internal Revenue Code, and the regulations thereunder (regarding deferred compensation plans of state and local governments and tax-exempt organizations). The Plan shall not be construed to affect the rights or benefits of any employee, person or beneficiary who may have retired or terminated employment prior to the effective date of this Plan, nor shall the Plan affect the rights or benefits of any person or beneficiazy whose entitlements aze dependent upon a person, employee or beneficiary who retired or terminated employment prior to January 1, 2005. The Plan shall be administered and construed in a manner consistent with the intent and purpose of the Plan to comply with the requirements of subsections (a) and (b) of section 457 of the Internal Revenue Code, and the laws of the State of Minnesota to the extent that such laws aze not preempted by the laws of the United States of America. ARTICLE II DEFINITIONS Section 2.1 Definitions. The terms defined in this section 2.1 are used in this instrument with the meanings respectively ascribed to them unless the context indicates that other meanings are intended. (a) .Account Balance. "Account Balance" means the bookkeeping account maintained with respect to each Participant that reflects the entire interest • of a Participant in the Fund, including the amounts contributed by the City 2564533v2 ~ ~~~ of Hutchinson on behalf of the Participant pursuant to the Deferral elections made by the Participant in accordance with section 4.1 of the Plan, any transfers for the benefit of the Participant, any distributions made to the Participant or the Beneficiary of the Participant, any account stablished under Article IX for rollover contributions and plan-to-plan e transfers made for the Participant, any account established for a Beneficiary, and any account established for an alternate payee (as defined in section 414(p)(8) of the Code), adjusted with any earnings or losses thereon; additionally, if a Participant has more than one Beneficiary at the time of the death of the Participant, then a separate account shall be maintained for each Beneficiary. (b) Annual Valuation Date. "Annual Valuation Date" shall mean each December 31. (c) Beneficiary. "Beneficiar}~' means the person or persons designated by a Participant (or automatically by operation of the Plan) to receive the benefits payable under the Plan in the event of the death of the Participant rior to full distribution of benefits payable with respect to the Participant. p Except as otherwise provided in section 8.5, a person so designated shall not be considered a Beneficiary until the death of the Participant. However, subject to the requirements of section 457 of the Code and section 10.4 of the Plan, a person determined to be an alternate payee under a qualified domestic relations order by the Committee under section 10.4 shall be considered for purposes of the provisions of the Plan and the Trust, a Beneficiary under the Plan and Trust. (d) Committee. "Committee" means the person or persons appointed by the City of Hutchinson under Article X of the Plan to administer the Plan. (e) Code. "Code" means the Internal Revenue -Code of 1986, and the amendments thereto, and any regulations or rulings issued thereunder. (f) Compensation. "Compensation" means all earnings from services rendered by the Employee to the City of Hutchinson, including but not limited to, the gross salary of the Employee, prior to any deduction for federal or state income tax, Social Security contributions, or pension plan contributions, and including amounts that would be cash compensation for services rendered by the Employee to the City of Hutchinson includable in gross income for the calendar year but for compensation reduction elections made pursuant to sections 125, 132(f), 401(k), 403(b), and 457(b) of the Code (including an election to defer Compensation under Article 1V); subject, however, to the following: (i) the Compensation of a Participant shall be considered .attributable to the period in which it is actually paid and not when earned or . accrued; 2564533v2 2 ~~~~ (ii) amounts received after the separation from service of the Participant shall not be taken into account in determining the Compensation of the Participant. (g) Deferral "Deferral" means the amount of Compensation not yet earned, which the Participant and the City of Hutchinson mutually agree shall be deferred in accordance with the provisions of the Plan and pursuant to the Retirement Savings Agreement. (h) Disability. "Disabilit}~' means that, with respect to a Participant in the Plan, the Participant is: (i) unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months; or (ii) by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, receiving income replacement- benefits for a period of not less than three (3) months under an accident and health .plan covering employees of the City of Hutchinson. • (i) Effective Date. "Effective Date" means January 1, 2005. (j) Employee. "Employee" means any person who is employed by the City of Hutchinson. • ?564533v2 (k) Enrollment Date. "Enrollment Date" means the first day of a payroll period or such other dates as the Committee may designate. (1) Fund. "Fund" means the assets of the Plan, including all contributions and the investments and reinvestments, earnings and profits thereon. (m) Includable Compensation. "Includable Compensation" means the actual wages of an Employee reflected in box 1 of Form W-2 for a yeaz for services to the City of Hutchinson, subject to the compensation limit of $200,000 (or such maximum amount as may apply under section 401(a)(17) of the Code), as adjusted for cost-of-living increases in accordance with section 401(a)(17)(B) of the Code, and increased (up to the dollar maximum amount) by any compensation reduction election made pursuant to sections 125, 132(f), 401(k), 403(b), and 457(b) of the Code (including an election to defer Compensation under Article IV). (n) Normal Retirement Age. "Normal Retirement Age" means age sixty-five (65) yeazs of age. 3 ~,c~~ (o) Participant. "Participant" means an Employee of the City of Hutchinson who is designated as eligible to participate in this Plan and elects to participate in accordance with the terms and conditions of this Plan and becomes a Participant in the Plan in accordance with the provisions of Article III of the Plan; an Employee who has become a Participant shall be considered to continue as a Participant in the Plan until the date on which occurs the death of the Participant or, if eazlier, the date on which the Participant is no longer employed by the City of Hutchinson and no longer has any amounts credited to any Account under the Plan. (p) Plan. "Plan" means the deferred compensation plan .maintained by the City of Hutchinson established for the benefit of certain of the Employees of the City of Hutchinson who become Participants eligible to participate therein, as .set forth in this Plan, and is referred to as the "City of Hutchinson Deferred Compensation Plan." (~ Plan Year. "Plan Yeaz" means the twelve (12) consecutive month period ending on the last day of December in each calendaz yeaz. (r) Retirement Savings Agreement. "Retirement Savings Agreement" means the written agreement between the City of Hutchinson and the Participant to defer receipt of Compensation not yet earned (the "Deferral") under the terms and conditions of the Plan with respect to which the Employee agrees to be bound. • (s) Severance from Employment. "Severance from Employment" means the date that the Employee dies, retires, or otherv~nse has a severance from employment with the City of Hutchinson as determined by the Committee (and taking into account guidance issued under the Code). (t) Trust. "Trust" means the Trust described in section 5.2 of the Plan, which shall be treated as atax-exempt trust pursuant to section SO1(a) of the Code and shall be used for the purpose of holding assets and income of the Plan but shall not cause the amounts to be includable in the gross income of Participants and Beneficiaries merely because such amounts. aze held in the Trust. (u) Trust Agreement. "Trust Agreement" means the written agreement made by and between the City of Hutchinson and the Trustee pursuant to which the Trust Fund is maintained. (v) Trust Fund. "Trust Fund" means the trust fund created under and subject to the Trust Agreement. (w) Trustee. "Trustee" means the City of Hutchinson or the corporation or .person or persons selected by the City of Hutchinson to serve as the Trustee for the Trust pursuant to subsection (e) of section 5.2 of the Plan. 2564533v2 4 ~~4~ (x) Valuation Date. "Valuation Date" means each business day during the Plan Year. Section 2.2 Rules of Interpretation. An individual shall be considered to have attained a given age on the birthday of .the individual for that age (and not on the day before). The birthday of any individual born on a February 29 shall be deemed to be February 28 in any year that is not a leap year. Notwithstanding any other provision of this Plan or any election or designation made under the .Plan, any individual who feloniously and intentionally kills the Participant or Beneficiary shall be deemed for all purposes of this Plan and all elections and designations made under this Plan to have died before the Participant or Beneficiary. A final judgment of conviction of felonious and intentional killing is conclusive for the purposes of this section 2.2. In the absence of a conviction of felonious and intentional killing, the City of Hutchinson shall determine. whether the killing was felonious .and intentional for the purposes of this section 2.2 of the Plan. Whenever appropriate, words used herein in the singular maybe read in the plural, or words used herein in the plural may be read in the singular; the masculine may include the feminine and the feminine may include the masculine; and the words "hereof' "herein" or "hereunder" or other similar compounds of the word "here" shall mean and refer to this entire Plan and not to any particular paragraph or section of the Plan unless the context clearly indicated to the contrary. The titles given to the various sections of the Plan are inserted for convenience of reference only and are not part of the Plan, and they shall not be considered in determining the purpose, meaning or intent of any provision hereof. Any reference in the Plan to a statute or regulation shall be considered also to mean and refer to any subsequent amendment or replacement of that . statute or regulation. This document has been executed and delivered in the State of Minnesota and has been drawn in conformity with the laws of the State of Minnesota and shall,. except to the extent that federal law is controlling, be construed and enforced in accordance with the laws of the State of Minnesota. ARTICLE III PARTICIPATION Section 3.1 Eligibility. Each Employee of the City of Hutchinson shall be eligible to participate in the Plan on the first day of the first month immediately following commencement of employment. Section 3.2 Enrollment. Eligible Employees may enroll in the Plan to become a Participant by completing and executing a Retirement Savings Agreement to defer a portion of his or her Compensation (and have that amount contributed as an annual Deferral on his or her behalf) and delivering the same to the Committee not Iess than fifteen (15) days (or such other period as the Committee may designate) prior to the Enrollment Date with respect to which the Retirement Savings Agreement is to be effective, which Retirement Savings Agreement must be accepted and approved by the Committee to be effective. The Committee may establish a minimum Deferral amount, and may 2564533v2 5 ~c~~ change such minimum amount from time to time. The participation election may also require, pursuant to the terms and conditions of the Plan, the designation of investment funds and a designation of Beneficiary. Compensation for any calendar month will be deferred only if the Retirement Savings Agreement providing for such Deferral has been entered into before the beginning of such month. The provisions of this section 3.2 shall be subject to, and administered in accordance with, the following conditions: (a) Compensation deferred in accordance with the requirements of this section 3.2 and the requirements of Article III are excluded from the gross income of a Participant in the year deferred or contributed and are not includable in gross income until paid to the Participant in the case of the Plan; (b) the Compensation maybe deferred for a calendar month by a reduction in Compensation only if an agreement providing for the Deferral has been entered into before the first day of the month in which the Compensation is to be paid or made available; (c) anew Employee may defer Compensation payable in the calendar month during which the Participant first becomes an Employee if an agreement providing for the Deferral is entered into on or before the first day on which the Participant performs services for the City of Hutchinson; (d) if a Participant enters into an agreement providing for deferral by salary reduction under the Plan, the Retirement Savings Agreement shall remain • in effect until the Participant effectively revokes or alters the terms of the Retirement Savings Agreement as provided under section 3.5 of the Plan. Section 3.3 Information Provided by the Participant. Each Employee enrolling in the Plan is required to provide to the Committee at the time of initial enrollment, and later if there are any changes, any information necessary or advisable for the Committee to administer the Plan, including, without limitation, whether the Employee is a participant in any other eligible plan described in subsections (a) and (b) of section 457 of the Code. Section 3.4 Contributions. Compensation deferred by a Participant under the Plan shall be transferred to the Trust Fund within a period that is not longer than is reasonable for the proper administration of the Account Balance of the Participant. For this purpose, deferred Compensation shall be treated as contributed within a period that is not longer than is reasonable for the proper administration if the contribution is made to the Trust Fund within fifteen (15) business days following the end. of the month in which the amount would otherwise have been paid to the Participant. Section 3.5 Amendment of Elections Made Under the Plan. Subject to other provisions of the Plan, a Participant may at any time revise his or her • elections made under the Plan, including elections to defer Compensation, elections made with 2564533v2 6 ~~ respect to any investment direction permitted under the Plan,. and elections with respect, to the designation of a Beneficiary. Unless an election specifies a later effective date an election made • on a Retirement Savings Agreement to terminate or revoke a prior effective Retirement Savings Agreement or to change the amount of deferred Compensation shall take effect as of the first day of the next following month. or as soon as administratively practicable if .later. A change in the investment direction shall take effect as of the date provided by the Committee on a uniform basis for all Employees. A change in the Beneficiary designation shall take effect when the election is accepted and approved by the Committee. Section 3.6 Leave of Absence. Unless written notice of a complete termination of the election to defer Compensation under the Plan has been received and approved by the Committee in accordance with section 4.4 of the Plan, if a Participant is absent from work by reason of a leave of absence, an election to defer Compensation under the Plan shall continue to remain in effect as provided under and in accordance with the provisions of section 4.6 of the Plan. Section 3.7 Disability. A disabled Participant may elect to defer Compensation during any portion of the period of his or her disability to the extent that he or she has actual Compensation (not imputed Compensation and not disability benefits) from which to make contributions to the Plan and has not had a Severance from Employment. ARTICLE IV CONTRIBUTIONS Section 4.1 Deferred Compensation. Elections to defer Compensation under the Plan shall be made in writing by completing a Retirement Savings Agreement pursuant to the requirements of Article III of the Plan. A Retirement Savings Agreement of a Participant and, the various elections and selections made thereon shall not become effective unless accepted and approved by the Committee in its sole discretion and acknowledged in writing by the Committee. (a) The amounts contributed by the City of Hutchinson under the Plan, including Deferral amounts. contributed on behalf of Plan Participants, shall be credited to accounts maintained by the City of Hutchinson for the Participants for the- payment of benefits to the Participants or their Beneficiaries. The amounts contributed by the City of Hutchinson shall be held in Trust and invested under the Trust as provided in Article V of the Plan and in the Trust Agreement, and as required in section 457(g) of the Code. The sole source of benefits payable pursuant to the terms of the Plan shall be the funds held in the Trust and credited to the accounts of the Participants or their Beneficiaries. • 2564533v2 7 ~ ~~.~ (b) The basic annual Deferral limitation. shall be determined in accordance with this subsection (b). The maximum basic annual Deferral account • under the Plan for a Participant for any calendar year shall not exceed the lesser of: (i) the "applicable dollaz amount," as that term is defined in this section 4.1, or (ii) one hundred percent (100%) of the Includable Compensation of the Participant for the calendaz year. For purposes of this provision,. the "applicable annual dollaz amount," which is specified in section 457(e)(15) of the Code, shall be $13,000 for the year 2004, $14,000 for the yeaz 2005, and $15,000 for the year 2006. After December 31, 2006, the $15,000 amount shall be adjusted to take into account .increases in the cost-of-living. The adjustment in the dollaz limitation shall be made at the same time and in the same manner as under section 415(d) (relating to qualified plans described in section 401(a) of the Code), except that the base period is the calendaz quarter beginning July 1, 2005, and any increase which is not a multiple of $500 shall be rounded to the next lowest multiple of $500. (c) The age 50 catch-up annual Deferral contribution shall be determined in accordance with this subsection (c). A Participant who will have attained age 50 or more by the end of a calendar yeaz shall be permitted to elect an • additional amount of deferred Compensation for the yeaz, up to the maximum age 50 catch-up annual Deferral for the year. The maximum dollar amount of the age 50 catch-up annual Deferral amount for a yeaz is determined as follows: for the yeaz 2004, the amount is $3,000; for the year 2005, the amount is $4,000; and for the yeaz 2006, the amount is $5,000. After December 31, 2006, the. $5,000 amount is .adjusted for increases in the cost-of-living as and to the extent provided under the Code. (d) The special catch-up limitation of section 457 of the Code shall be determined in accordance with this subsection (d). If, with respect to a Participant, the applicable year is one of the last three (3) calendaz years ending before the yeaz in which the Participant attains lvormal Retirement Age and the amount determined under this subsection (d) exceeds the amount determined under subsections (b) and (c) of this section 4.1, then the maximum annual Deferral amount shall be, as provided in section 457(b)(3) of the Code and this subsection (d), an amount not in excess of the lesser of (i) an amount equal to twice the "applicable dollar amount" in effect under section 457(b)(2)(A) of the Code and subsection (b) of this section 4.1 as provided in section 457(b)(3)(A) of the Code, or 2564533v2 8 ~ ~~~ (ii) the sum of r~ (A) an amount equal to: (17 the aggregate deferred amount limitation established under subsection (b) of this section 4.1 for the current calendar year plus each prior calendar year beginning after December 31, 2001, during which the Participant was an Employee under the Plan, minus (I)7 the aggregate amount of Compensation that the Participant deferred under the Plan during such years; and (B) an amount equal to: (17 the aggregate limit referred to in section 457(b)(2) of the Code for each prior calendar year beginning after December 31, 1978, and before January 1, 2002., during which the Participant was an Employee (determined without regard to subsections (b) and (c) of this section 4.1), minus • • (I17 the aggregate "contributions to pre-2002 coordination plans" for such years. For purposes of determining the amounts in this subsection (d), a year shall be taken into account only if: (iii) the Participant was eligible to participate in the Plan during all or a portion of the year, and (iv) Compensation deferred, if any, under the Plan during the year was subject to the basic annual Deferral amount limitation of subsection (b) of this section 4.1 or any other plan ceiling required by section 457(b) of the Code. In addition, the term "contributions to pre-2002 coordination plans" means any employer contribution, salary reduction or elective contribution under any other eligible plan described in section 457(b), or a salary reduction or elective contribution under any plan described in section 401(k) of the Code, a .simplified employee pension described in section 402(h)(1)(B) of the Code, an annuity contract described in section 403(b) of the Code, a simple retirement account described in section 408(p) of the Code, or any plan for which a deduction is allowed because of a contribution to an organization described in section 501(c)(18) of the Code, including plans, arrangements or accounts maintained by the City of Hutchinson or any employer 2564533v2 9 5~~~ for whom the Participant ,performed services. However, the contributions for any calendar year are only taken into account for purposes of part II of subparagraph (B) of paragraph (ii) of this subsection (d) to the extent that the total of such contributions does not exceed the aggregate limit referred to in section 457(b)(2) of the Code for that year. (e) Notwithstanding any provisions in this section 4.1 to the contrary, in no event shall the amount of Deferral of a Participant .exceed the Compensation of the Participant for the taxable year. (f) For purposes of subsections (b), (c), and (d), an individual is treated as not having deferred Compensation under a plan for a prior taxable year to the extent excess Deferral amounts under the plan are distributed, as described in section 4.4 of the Plan. To the extent that the combined deferred amounts for pre-2002 years exceeded the maximum deferred amount limitations, the amount is treated as an excess deferred amount for those prior years. Section 4.2 Participant Covered By More Than One Plan. If a Participant is or has been a participant in more than one eligible plan described in subsections (a) and (b) of section 457 of the Code, then this Plan and all such other eligible plans shall be considered as one plan for purposes of determining the maximum amount of . Compensation of any one individual which may be deferred under section 457(a) of the Code and the .Plan during any taxable year under section 457(b) of the Code and section 4.1 of the Plan. For this purpose,. the Committee shall take into account any other such eligible plan maintained by the City of Hutchinson and any other such eligible plan for which the Committee receives from the Participant sufficient information concerning the participation of the Participant in such other plan. Section 4.3 .Minimum Deferrals. The Committee may, from time to time, establish minimum amounts that may be deferred by Participants. Section 4.4 Modifications of Deferrals and Correction of Excess Deferrals. The Retirement Savings Agreement of a Participant maybe modified and excess deferred amounts maybe corrected pursuant to the provisions of this section 4.4. (a) A Participant may, upon providing prior written notice to the Committee, amend or modify an effective Retirement Savings Agreement to increase or decrease the amount of deferred Compensation in accordance with the provisions of section 3.5 of the Plan. (b) A Participant who has a Retirement Savings Agreement in effect may, • upon providing prior" written notice to the Committee, .completely 2564533v2 10 qc~~ .terminate the amount of Compensation deferred under the Plan as of the first day of any month as provided in section 3.5 of the Plan. Upon a i complete termination of the amount of Compensation deferred under the Plan, the Participant shall incur a twelve-month suspension from participating under the Plan pursuant to which no amount maybe deferred by the Participant; thereafter, the Participant may, upon providing prior written notice to the Committee, complete a new Retirement Saving Agreement to be effective as of any subsequent Enrollment Date to again participate in the Plan. (c) If the annual Deferral amount on behalf of a Participant for any calendar year exceeds the limitations described in this Article N, or the annual Deferral amount on behalf of a Participant for any calendaz yeaz exceeds the limitations described in this Article IV when combined with other amounts deferred by the Participant under another eligible deferred compensation plan described in subsections (a) and (b) of section 457 of the Code for which the Participant provides information that is accepted by the Committee, then the Deferral amount, to the extent in excess of the applicable limitation (adjusted for any income or loss in value, if any, allocable thereto), shall be distributed to the Participant, and the Retirement Savings Agreement may be amended or modified to comply with the requirements of this Article IV and section 457 of the Code. Section 4.5 Protection of Persons Who Serve in a Uniformed Service. • An Employee whose employment is interrupted by qualified military service as determined pursuant to section 414(u) of the Code or who is on a leave of absence for qualified military service pursuant to section 414(u) of the Code may elect to make additional Deferral amounts upon resumption of employment with the City of Hutchinson equal to the maximum Deferral amounts that the Employee could have elected under the Code and the Plan during that period if the employment of the Employee with the City of Hutchinson had continued (at the same. level of Compensation) without the interruption or leave, reduced by the Deferral amounts, if any, actually made for the Employee during the period of the interruption or leave. This right applies for five (5) yeazs following the resumption of employment (or, if sooner, for a period equal to three (3) times theperiod of the interruption or leave). Section 4.6 Leaves of Absences. Unless written notice of a complete termination of the election to defer Compensation under the Plan has been received and approved by the Committee in accordance with section 4.4 of the Plan, the Retirement Savings Agreement of the Participant shall remain in effect during the approved leave of absence with Compensation. A leave of absence of more than six (6) months without Compensation will result in the automatic termination or cancellation of the Retirement Savings Agreement of the Participant. If a Participant returns to employment after such leave of absence and desires to again enroll in the Plan, the Participant will be required to complete a Retirement Savings Agreement and deliver the completed and executed Retirement • 25b4533v2 1 1 G 1~~ Savings Agreement to the Committee by the next available Enrollment Date or any other • Enrollment Date in accordance with section 3.2 of the Plan. ARTICLE V INVESTMENT AND ADJUSTMENT OF ACCOUNTS Section 5.1 Investment of Funds. (a) Amounts held in the Trust Fund,. or in a custodial .account or annuity contract described in section 401(f) of the Code, shall be invested in accordance with the provisions of such Trust Agreement, custodial account or annuity contract, and any investment funds available under such Trust, custodial account or annuity contract. The Trust and the funds available under such. Trust may be governed by state law, and in that event, state law shall govern the investment of such amounts. (b) Subject to applicable state law, at the direction of the Committee, the Trust Fund may be divided into two (2) or more subfiinds, which may serve as vehicles for. the investment- of the accounts of the Participants. The Committee shall determine the general investment characteristics and objectives of each subfund and,, with respect to each subfund, shall designate one or more selected pooled investment vehicles (such as collective funds, group trusts, mutual funds and separate accounts under. • insurance contracts) to constitute such subfund. The Committee shall have complete investment discretion over such subfiznd, subject to applicable state law and to the general investment characteristics and objectives established for the particular subfund. (c) In accordance with the rules established by the Committee and subject to applicable state law, the Committee shall determine the circumstances under which a particular subfimd maybe elected, or shall be automatically utilized, the minimum or maximum amount or percentage of an account which may be invested in a particular subfund, the procedures for making or changing investment elections, the extent (if any) to which Beneficiaries of Participants may make investment elections and the effect of a failure of a Participant or Beneficiary to make an effective election with respect to all or any portion of an account. Any amounts deferred (including amounts .previously deferred) under the Plan will not be considered made available to the Participant solely because the Participant is permitted to choose among various investment modes under the Plan for the investment of such amounts whether before or after payments have commenced under the Plan in accordance with the Code and applicable regulations. (d) Subject to applicable state law, the Committee shall have the power, from • time to time, to dissolve subfimds, to direct that additional subfiznds be 2564533v2 12 ~~) established and, under rules established by the Committee, to withdraw or • limit participation in a particuiaz subfimd. Section 5.2 Trust Requirements. (a) Notwithstanding any contrary provision of the Pian but subject to .the provisions in this section 5.2, in accordance with and as required by subsections (b) and (g) of section 457 of the Code, all amounts of Compensation deferred pursuant to the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held in trust and invested in the Trust Fund in accordance with the Plan and the Trust Agreement. The Trust Fund, and any subtrust established under the Pian, shall be established pursuant to a written agreement that constitutes a valid trust under the law of the State of Minnesota. The Trustee shall ensure that all investments, amounts, property, and rights held under the Trust Fund aze held for the exclusive benefit of Participants and Beneficiazies under the Plan. The Trust Fund shall be held in trust pursuant to the Trust Agreement for the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. (b) All amounts of Compensation deferred under the Plan shall be transferred to the Trust established under the Plan within a period that is not longer than is reasonable for the proper administration of the accounts of the Participants. To comply with this requirement, all amounts. of Compensation deferred under the Plan shall be transferred to the Trust established under the Plan not later than fifteen (15) business days after the end of the month in which the Compensation would otherwise have been paid to the Employee. (c) For purposes of the trust requirements of section 457(8)(1) of the Code and this Plan, custodial accounts and annuity contracts described in section 401(f) of the Code will be treated as trusts under rules similar to the rules under section 401{f) of the. Code. Section 1.401(f)-1(b) of the Treasury Regulations contains requirements that a custodial account or an annuity contract must satisfy to be treated as a trust. For purposes of applying the rules of section 401(f) of the Code under section 457(8) of the Code, the requirements under section 1.401{f)-1{d) of the Treasury Regulations generally will be used to determine whether a custodial account or an annuity contract satisfies the requirements of section 457(8)(3) of the Code. (d) The use of a custodial account or an annuity contract as part of the Plan does not preclude the use of a trust or another custodial. account or annuity contract as part of the same Plan, provided that all such vehicles satisfy the requirements of pazagraphs (1) and (3) of subsection.{g) of section 437 of the Code and all assets and income of the Plan aze held in such vehicles. 2564533v2 13 9c~~ (e) The City of Hutchinson reserves the right to select the Trustee, remove a • Trustee, and amend the Trust agreement from time to time and at any time as provided under the Trust Agreement. Such Trust was adopted on December 22, 1998, and was effective as of January 1, 1999. The rights and obligations of the Trustee shall be determined solely under the terms of the Trust Agreement. (f) It shall be impossible, prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, for any part of the assets and income of such Trust Fund to be used for, or diverted to, purposes other than for the exclusive benefit of the Participants and their Beneficiaries. No part of the amounts contributed by the City of Hutchinson under the Plan shall be available to the City of Hutchinson for any purpose except for providing benefits under the Plan to Participants and Beneficiaries until all such liabilities have been satisfied in full. Section 5.3 Valuation and Adjustment of Accounts. (a) Subject to applicable state law and the rules governing plans and investment vehicles authorized and created pursuant to such state law, each subfimd shall be valued from time to time (but not less frequently than each Annual Valuation Date), which valuation shall reflect, as nearly as possible, the then .fair market value of the assets comprising such subfiuid (including income accumulations therein). • (b) Subject to applicable state law and the rules .governing plans and investment vehicles authorized and created pursuant to such state law, the City of Hutchinson shall cause the value of each account or portion of an account invested in a particular subfiuid (including undistributed accounts) to be increased (or decreased) from time to time for distributions, contributions, investment gains (or losses) and expenses charged to the account. Section 5.4 Management and Investment of Fund. Subject to applicable state law and the rules governing plans and investment vehicles, authorized and created pursuant to such state law, the Trust Fund, together with all additional contributions made thereto and together with all net income thereof, shall be controlled, managed, invested, reinvested and ultimately paid and distributed to Participants and Beneficiaries by, or at the direction of, the Committee. C7 2564533v2 14 °~~~) ARTICLE VI LOANS Section 6.1 Loans Under the Plan. A Participant who is an Employee may apply for and receive a loan from his or her Account Balance as provided in this Article VI. Any such loan may not be for an amount less than the minimum amount specified by the Committee. If not specified by the Committee, the minimum loan amount shall be $1,000. Section 6.2 Maximum Loan Amount. No loan to a Participant hereunder may exceed the lesser of: (a) $50,000, reduced by the greater of (i) -the outstanding balance on any loan from the Plan to the Participant on the date the loan is made, or (ii) the highest outstanding balance on loans from the Plan to the Participant during the one-year period ending on the day before the date the loan is approved by the Committee (not taking into account any payments made during such one-year period), or (b) one-half of the value of the vested Account Balance of the Participant (as of the. Valuation Date immediately preceding the date on which such loan is approved by the Committee). For purposes of this section 6.2, any loan from any other plan maintained by a participating employer shall be treated as if it were a loan made from the Plan, and the vested interest of the Participant under any such other plan shall be considered a vested interest under this Plan; provided, however, that the provisions of this paragraph shall not be applied so as to allow the amount of a loan under this section 6.2 to exceed the amount that would otherwise be permitted in the absence of this paragraph. Section 6.3 Terms of the Loan. The terms of the loan shall: (a) require level amortization with payments not less frequently than quarterly throughout the repayment period, except that alternative arrangements for repayment may apply in the event that the borrower is on a bona fide unpaid leave of absence for a period not to exceed one :year for leaves other than a qualified military leave within the meaning of section 414(u) of the Code or for the duration of a leave which is due to qualified military service; 2564S33v2 15 qC) {b) require that the loan be repaid within five (S) years unless the Participant certifies in writing to the Committee that the loan is to be used to acquire any dwelling unit which within a reasonable time is to be used (determined at the time the loan is made) as a principal residence of the ..Participant; and (c) provide for interest at a rate equal to one percentage point above the prime rate as published in The Wall Street Journal on the first business day on ' the month in which the loan is approved by the Committee. Section 6.4 Security for the Loan and Default. (a) Any loan to a Participant under the Plan shall be secured by the pledge of the portion of the interest of the Participant in the Plan invested in such loan. (b) In the event that a Participant fails to make a loan payment under this Article VI within ninety (90) days after the date such payment is due, a default on the loan shall occur. In the event of such default: (i) all remaining payments on the loan shall be immediately due and payable, (ii) effective as of the first day of 'the calendar month next following the month in which any such loan default occurs, the interest rate for such loan shall be (if higher than the. rate otherwise applicable) the rate being charged on loans from the Plan that are approved by the Committee in the month in which such default occurs, (iii) no contributions shall be made on the behalf of such Participant prior to the first payroll period that follows by twelve (12) calendar months the date of repayment in full of such loan, and (iv) the Participant shall be permanently ineligible for any future loans from the Plan. (c) In the case of any default on a loan to a Participant, the Committee shall. apply the portion of the interest of the Participant in the Plan held as security for the loan in satisfaction of the loan on the date of Severance from Employment. In addition, the Committee shall take any legal action it shall consider necessary or appropriate to enforce collection of the unpaid loan, with the costs of any legal proceeding or collection to be charged to the Account Balance of the Participant. (d) Notwithstanding anything herein to the contrary, in the event a loan is outstanding hereunder on the date of the death of the Participant, his or her estate shall be his or her Beneficiary as to the portion of his or her interest • in the Plan invested in such loan (with the Beneficiary or Beneficiaries as 2564333v2 16 9c~ to the remainder of his or her interest in the Plan to be determined in accordance with otherwise applicable provisions of the Plan). Section 6.5 Repayment. The Participant shall be required, as a condition to receiving a loan, to enter into. an irrevocable agreement authorizing the City of Hutchinson to make payroll deductions from his or her Compensation as long as the Participant is an Employee and to transfer such payroll deduction amounts to the Trustee in payment of such loan plus interest. Repayments of a loan .shall be made by payroll deduction of equal amounts (comprised of both principal and interest) from each paycheck, with the first such deduction to be made as soon as practicable after the loan funds are disbursed; provided, however, that a Participant may prepay the entire outstanding balance of his or her loan at any time (but. may not make a partial prepayment); and provided, further, that if any payroll deductions cannot be made in full because a Participant is on an unpaid leave of absence or is no longer employed by a participating employer (that has consented to make payroll deductions for this purpose) or the paycheck of the Participant is .insufficient for any other reason, the Participant shall pay directly to the Plan the full amount that would have been deducted from the paycheck of the Participant, with such payment to be made by the last business day of the calendar month in which the amount would have been deducted. ARTICLE VII VESTING OF ACCOUNT • Section 7.1 Vested Benefit. A Participant shall be considered to be one hundred percent (100%) vested in his or her Account Balance. For purposes of this provision, the term "vested" means an interest in the benefit described under the Plan which may be payable to or on behalf of the Participant in accordance with the terms of the Plan and. section 457 of the Code. Section 7.2 Distribution of Vested Benefits. The benefits that may be payable to or on behalf of a Participant under the Plan shall be determined based upon the Account Balance of the Participant and paid in accordance with the terms of the Plan and the requirements of section 457 of the Code. ARTICLE VIII DISTRIBUTIONS Section S.1 Distribution Requirements. A Participant may not receive a distribution of any amounts deferred under the Plan prior to the occurrence of a distributable event set forth in this section 8.1 of the Plan. Amounts credited to the Account Balance of a Participant shall become distributable in accordance with this Article VIII of the Plan upon the earliest to occur of any of the following events: 2564533v2 1 7 q ~a- CJ (a) when the Participant has a Severance from Employment with the City of Hutchinson; (b) the calendar year in which the Participant attains age 70%z; or (c) when the Participant is faced with an "unforeseeable emergency," as described in section 8.11. Section 8.2 Benefit Distributions at Retirement or Other Severance From Employment. On retirement or other Severance from Employment (other than due to death), a Participant shall be entitled to receive a distribution of his or her Account Balance in any form of distribution permitted under the Plan commencing at the date elected under section 8.3. If a Participant does not elect otherwise, the distribution shall be paid as soon as practicable following Normal Retirement Age or, if later, following retirement or other Severance from. Employment and payment shall be made in monthly installments of the minimum annual payments described in subsection (b) of section 8.4. Section 8.3 Election of Benefit Commencement Date. • A Participant may elect to commence distribution of benefits at any time after retirement or other Severance from Employment by a notice filed with the Committee at least thirty (30) days before the date on which benefits are to commence. However, in no event may the distribution of benefits commence later than the latest date described in section 8.9 of the Plan. Section 8.4 Forms of Distribution. In an election to commence benefits under section 8.3, a Participant entitled to a. distribution of benefits under this Article VIII may elect to receive payment in any of the forms of distribution provided below; provided, however, that no distribution option may be selected by a Participant or a Beneficiary unless it satisfies the requirements of sections 401(a)(9) and 457(d)(2) of the Code, and the applicable requirements- of sections 1.401(a)(9)-1 through 1.401(9)-9 of the Income Tax Regulations; specifically, section 1.401(a)(9)-S of the Income Tax Regulations: (a) a lump sum payment of the total amount allocated to the Account Balance of the Participant, or • (b) annual installment payments through .the year of the death of the Participant, the .amount payable each year equal to a fraction of the. Account Balance equal to one divided by the distribution period set forth in the Uniform Lifetime Table in section 1.401(a)(9)-9, A-2, of the Income Tax Regulations for the age of the Participant on the birth date of the Participant for that year; and if the age of the Participant is less than age 70, the distribution period shall be 27.4 plus the number of years that the age of the Participant is less than age 70; at the election of the Participant, .this annual payment may be made in monthly, quarterly or semi-annual 2564533v2 18 9O installment payments; the Account Balance for this calculation (other than the final installment payment) is the Account Balance as of the end of the year prior to the year for which the distribution is being calculated, and payments shall commence on the date elected under section 8.3; for any year, the Participant may elect distribution of a greater amount {not to exceed the amount of the remaining Account Balance) in lieu of the amount calculated using this formula. Section 8.5 Death Benefit Distributions. U Commencing in the calendar year following the calendaz yeaz of the death of the Participant, the Account Balance of the Participant shall be paid to the Beneficiary in a lump sum payment. Alternatively, if the Beneficiary with respect to the Account Balance of the Participant is a natural person, at the election of the Beneficiary, distribution can be made in annual installments (calculated in a manner that is similaz to the method described in section 8.4) with the distribution period determined under this section 8.5. If the Beneficiary is the surviving spouse of the Participant, the distribution period. shall be equal to the life expectancy of the Beneficiary using the single life table in section 1.401(a)(9)-9, A-1, of the Income Tax. Regulations for the age of the spouse on the birth date of the spouse for that year. If the Beneficiary is not the surviving spouse of the Participant, the distribution period shall be the life expectancy of the Beneficiary determined in the yeaz following the year of the death of the Participant using the single life table in section 1.401(a)(9)-9, A-1, of the Income Tax Regulations for the age of the Beneficiary on the birth date of the Beneficiary for that .year, reduced by one for each year that has elapsed after that yeaz. For any yeaz, a Beneficiary can elect distribution of a greater amount (not to exceed the amount of the remaining Account Balance) in lieu of the amount calculated using this formula. Section 8.6 Account Balances of $1,000 or Less. Notwithstanding anything herein to the contrary, if the amount of the Account Balance of a Participant is -not in excess of $1,000 on the date that payments commence under section 8.4 or on the date of the death of the Participant, then payment shall be made to the Participant (or to the Beneficiary if the Participant is deceased) in a lump sum equal to the Account Balance of the Participant as soon as practicable following the retirement, death or other Severance from Employment of the Participant. Section 8.7 Amount of Account Balance. Except as provided in section 8.4, the amount of any payment under this Article VIII shall be based on the amount of the Account Balance on the preceding Valuation Date. Section 8.8 Revocation of Prior Election. Any election made under this Article VIII maybe revoked at any time. Section 8.9 Latest Distribution Date. • In no event shall any distribution under this Article VIII begin later than the later of: 2564533v2 19 9L) (a) April 1 of the calendaz yeaz following the calendaz year in which the Participant attains age 70'/2, or (b) April 1 of the calendaz year following the year m which the Participant retires or otherwise has a Severance from Employment. If distributions commence in the calendar year following the later of the calendar yeaz in 'which the Participant attains age 70%2, or the calendar year in which the Severance from Employment occurs, the distribution on the date that distribution commences must be equal to the annual installment payment for the yeaz that the Participant has a Severance from Employment determined under pazagraph (b) of section 8.4 and an amount equal to the annual installment payment for the yeaz after Severance from Employment determined under paragraph (b) of section 8.4 must also be paid before the end of the calendar year of commencement. Section 8.10 In-Service Distributions from Rollover Account. If a Participant has a separate account attributable to rollover contributions to the Plan, a Participant may at any. time elect to receive a distribution of all or any portion of the amount held in the rollover account. Section 8.11 Unforeseeable Emergency Distribution. (a) If a Participant has an unforeseeable emergency before retirement or other • Severance from Employment, the Participant may elect to receive a lump sum distribution equal to the amount requested or, if less, the maximum amount determined by the Committee to be permitted to be distributed under this Section 8.11. (b) An unforeseeable emergency is defined as a severe financial hardship of the Participant resulting from: an illness or accident of the Participant, the spouse of the Participant, or a dependent of the Participant (as .defined in section 152(a) of the Code); loss of the property of the Participant due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner's insurance, e.g., as a result of a natural disaster); the need to pay for the funeral expenses of the spouse or dependent of the Participant (as defined in section 152(a) of the Code); or other similaz extraordinary and unforeseeable circumstances arising as a result of events beyond -the control of the Participant. For example, the imminent foreclosure or eviction from the primary residence of the Participant may constitute an unforeseeable emergency. In addition, the need to pay for medical expenses, including non-refundable deductibles, as well as for the cost of prescription drug medication, may :constitute an unforeseeable emergency. Except as otherwise specifically provided in this section 8.11, neither the purchase of a home nor the payment of college tuition shall constitute an unforeseeable emergency. • 2564533v2 20 G \ 1 ~J (c) A distribution on account of an unforeseeable emergency may not be made to the extent that such an emergency is or may be relieved through reimbursement or compensation from insurance or otherwise, by liquidation of the assets of the Participant, to the extent the liquidation of such assets would not itself cause severe financial hardship, or by cessation of deferrals under the Plan. (d) .Distributions because of an unforeseeable emergency may not exceed the amount reasonably necessary to satisfy the emergency need (which may include an amount necessary to pay any federal, state or local income taxes or penalties reasonably anticipated to result from the distribution). Section 8.12 Mandatory Distributions of Certain Account Balances of $1,000 or n U Less. At the direction of the Committee, the total Account Balance of a Participant shall be paid in a lump sum payment as soon as practicable following the direction if: (a) the-total Account Balance does not exceed $1,000, (b) the Participant has not previously received a distribution of the total amount payable to the Participant under this section 8.12, and (c) no annual deferral has been made with respect to the Participant during the two-year period ending immediately before the date of the distribution. Section 8.13 Rollover Distributions. (a) A Participant or the surviving spouse of a Participant (or a former spouse of the Participant who is an alternate payee under a domestic relations order, as defined in section 414(p) of the Code) who is entitled to an eligible rollover distribution may elect, at the time and in the manner prescribed by the Committee, to have all or any portion of the distribution paid directly to an eligible retirement plan specified by the Participant in a direct rollover. (b) For purposes of this section 8.13, an eligible rollover distribution means any distribution of all or any portion of the. Account Balance of the Participant, except that an eligible rollover distribution shall not include: (i) any installment payment under section 8.4 for a period of ten (10) years or more, (ii) any distribution made under section 8.11 as a result of an unforeseeable emergency, or (iii) for any other distribution, the portion, if any, of the distribution that is a required minimum distribution under section 401(a)(9) of ~564533v2 21 qc~ the Code. In addition, an eligible retirement plan means an individual retirement account described in section 408{a) of the • Code, an individual retirement annuity described in section 408(b) of the Code, a qualified trust described in section 401(a) of the Code, an annuity plan described in section 403(a) or section 403(b) of the Code, or an eligible governmental plan described in section 457(b) of the Code, that accepts the eligible rollover distribution. Section 8.14 Designation of Beneficiaries. (a) Right to Designate. Each Participant may designate, .upon forms to be furnished by and .filed with the Committee, one or more primary Beneficiaries or alternative Beneficiaries to receive all or a specified portion of any benefits which may be .payable with respect to .the Participant under the Plan in the event of such Participant's death. The Participant may change or revoke any such designation from time to time without notice to or consent from any Beneficiary. No such designation, change or revocation shall be effective unless executed by the Participant and received and accepted by the Committee during the Participant's lifetime. (b) Failure of Designation. If a Participant fails to designate a Beneficiary, designates a Beneficiary and thereafter revokes such designation without naming another Beneficiary, or designates one or more Beneficiaries and all such Beneficiaries so designated fail to survive the Participant, the benefits which may be payable with respect to .the Participant under the Plan, or the part thereof as to which such Participant's designation fails, as the case may be, shall be payable to the first class of the following classes of automatic Beneficiaries with a member surviving the Participant and (except in the case of surviving issue) in equal. shares if there is more than one member in such class surviving the Participant: (i) the Participant's surviving spouse, (ii) the Participant's surviving issue per stirpes and not per capita, (iii) the Participant's surviving parents, (iv) the Participant's surviving brothers and sisters, and (v) Representative of Participant's estate. (c) Disclaimers by Beneficiaries. A Beneficiary entitled to a distribution of all or a portion of the benefits which may be payable with respect to the Participant under the Plan may disclaim an interest therein subject to the following requirements. To be eligible to disclaim, a Beneficiary must be a natural person, must not have received a distribution of all or any portion • of the benefits which may be payable with respect to the Participant under 2564~33v2 22 9L~ the Plan at the time such disclaimer is executed and delivered, and must have attained at least age twenty-one (21) years as of the date of the ' Participant's death. Any disclaimer must be in writing and must be executed personally by the Beneficiary before a notary public. A disclaimer shall state that the Beneficiary's entire interest in the undistributed benefits payable with respect to the Participant under the Plan is disclaimed or shall specify what portion thereof is disclaimed. To be effective, duplicate original executed copies of the disclaimer must be both executed and actually delivered to the Committee after the date of the Participant's death but not later than one hundred eighty (180) days after the date of the Participant's death. A disclaimer shall be irrevocable when delivered to the Committee. A disclaimer shall be .considered to be delivered to the Committee only when actually received and acknowledged by the Committee. The Committee shall be the sole judge of the content, interpretation and validity of a purported disclaimer. Upon the filing of a valid disclaimer, the Beneficiary shall be considered not to have survived the Participant as to the interest disclaimed. A disclaimer by a Beneficiary shall not be considered to be a 'transfer of an interest in violation of the provisions of the Plan and shall not be considered to be an assignment or alienation of benefits in violation of federal law prohibiting the assignment or alienation of benefits under this Plan. No other form of attempted disclaimer shall be recognized by the Committee. (d) Definitions. When used herein and, unless the Participant has otherwise • specified in the Participant's Beneficiary designation, when used in a Beneficiary designation, "issue" means all persons who are lineal descendants of the person whose issue are referred to, including legally adopted descendants and their descendants but not including illegitimate descendants and their descendants; "child" means an issue of the first generation; "per stirpes" means in equal shares .among living children of the person whose issue are refereed to and the issue (taken collectively) of each deceased child of such person, with such issue taking by right of representation of such deceased child; and "survive" and "surviving" mean living after the death of the Participant. (e) Special Rules. Unless the Participant has otherwise specified in the Participant's Beneficiary designation, the following rules shall apply: (i) If there is not sufficient evidence that a Beneficiary was living at the time of the death of the Participant, it shall be deemed that the Beneficiary was not living at the time of the death of .the Participant. (ii) The automatic Beneficiaries specified in subsection (b) of this Section 8.14 and the Beneficiaries designated by the Participant -shall become fixed at the time of the Participant's death so that, if a Beneficiary survives the Participant but dies before the receipt of • 2564533v2 23 LQ all payments due such Beneficiary hereunder, such remaining payments shall be payable to the representative of such Beneficiary's estate. (iii) If the Participant designates as a Beneficiary the person who is the Participant's spouse on the date of the designation, either by name or by relationship, or both, the dissolution, annulment or other legal termination of the marriage between the Participant and such person shall automatically revoke such designation. (The foregoing shall not prevent the Participant from designating a former spouse as a Beneficiary on a form executed by the Participant and . received by the Committee after the date of the legal termination of the marriage between the Participant and such former spouse, and during the Participant's lifetime.) (iv) Any designation of a nonspouse Beneficiary by name that is accompanied by a description of relationship to the Participant shall be given effect without regard to whether the relationship to the Participant exists either then or at the Participant's death. (v) Any designation of a Beneficiary only by statement of relationship to the Participant shall be effective only to designate the person or persons standing in such relationship to the Participant at the Participant's death. (f) Validity of Designation. A Beneficiary designation is permanently void if it either is executed or is filed by a Participant who, at the time of such execution or filing, is then a minor under the. law of the state of the Participant's legal residence. The Committee shall be the sole judge of the content, interpretation and validity of a purported Beneficiary, designation. (g) No Spousal Rights. Prior to the death of the Participant, no spouse or surviving spouse of a Participant and no person designated to be a Beneficiary shall have any rights or interest in the benefits credited under this Plan including, but not limited to, the right to be the sole Beneficiary or to consent to the designation of Beneficiaries (or the changing of designated Beneficiaries) by the Participant. ARTICLE IX ROLLOVERS TO THE PLAN AND TRANSFERS Section 9.1 Eligible Rollover Contributions to the Plan. (a) A Participant who is an Employee and who is entitled to receive an eligible rollover distribution from another eligible retirement plan may request to have all or a portion of the eligible rollover distribution paid to the Plan. The Committee may require such documentation from the ?564533v2 24 ~~~- distributing plan as it deems necessary to effectuate the rollover in • accordance with section 402 of the Code and to confirm that -such plan is an eligible retirement plan within the meaning of section 402(c)(8)(B) of the Code. (b) For purposes of subsection (a) of section 9.1, an eligible rollover distribution means any distribution of all or any portion of a benefit of a Participant under another eligible retirement plan, except that an eligible rollover distribution does not include: (i) any installment payment for a period of ten (10) years or more, (ii) any distribution made as a result of an unforeseeable emergency or other distribution which is made upon hardship of the Employee, or (iii) for any. other distribution, the portion, if any, of the distribution .that is a required minimum distribution under section 401(a)(9) of the Code. In addition, an eligible retirement plan means an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, a qualified trust described in section 401(a) of the Code, an annuity plan described in section 403(a) or section 403(b) of the Code, or an eligible governmental plan described in section 457(b) of the Code, that accepts the eligible rollover distribution. (c) The Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan from any eligible retirement plan that is not an eligible governmental plan, described in subsections (a) and (b) of section 457 of the Code. In addition, the Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan from any eligible retirement plan that is an eligible governmental plan described in subsections (a) and (b) of section 457 of the Code. Section 9.2 Plan-to-Plan Transfers to the Plan. At the direction of the City of Hutchinson, the Committee may permit a class of Participants who are participants in another eligible governmental plan described in subsections (a) and (b) of section 457 of the Code to transfer assets to the Plan as provided in this section 9.2. Such a transfer is permitted only if the other plan provides for the direct transfer of the interest of each Participant therein to the Plan. The Committee may require in its sole discretion that the transfer be in cash or other property acceptable to the Committee. The Committee may require such documentation from the other plan as it deems necessary to effectuate the transfer in accordance with section 457(e)(10) of the. Code and section 1.457-10(b) of the Income Tax Regulations and to confirm that the other plan is an eligible government plan as defined in section 1.457-2(f) of the Income Tax .Regulations. The amount so transferred shall be credited to • 2564533v2 25 G l ~~ the Account Balance of the Participant and shall be held, accounted for, administered and otherwise treated in the same manner as an annual deferral by the Participant under the Plan, except that the transferred amount shall not be considered an annual deferred amount under the Plan in determining the maximum deferred amount under the Plan. Section 9.3 Plan-to-Plan Transfers from the Plan. (a) At the direction of the City of Hutchinson, the Committee may permit a class of Participants and Beneficiaries to elect to have all or any portion of their Account Balance transferred to another eligible governmental plan within the meaning of subsections (a) and (b) of section 457 of the Code .and section 1.457-2(f) of the Income Tax Regulations. A transfer is permitted under this subsection (a) of section 9.3 for a Participant only if the Participant has had a Severance from Employment with the City of Hutchinson and is an employee of the- entity that maintains the other eligible governmental plan. Further, a transfer is permitted under this subsection (a) of section 9.3 only if the other eligible governmental plan provides for the acceptance of plan-to-plan transfers with respect to the Participants and Beneficiaries and for each Participant and Beneficiary to have an amount deferred under the other plan immediately after the transfer at least equal to the amount transferred. (b) Upon the transfer of assets under this section 9.3, the liability of the Plan to pay benefits to the Participant or Beneficiary under the Plan shall be • discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Committee may require such documentation from the receiving plan as it deems appropriate or necessary to comply with this section 9.3 (for example, to confirm that the receiving plan is an eligible governmental plan under subsection (a) of this section 9.3, and to assure that the transfer is permitted under the receiving plan) or to effectuate the transfer pursuant to section 1.457-10(b) of the Income Tax Regulations. Section 9.4 Permissive Service Credit Transfers. (a) If a Participant is also a participant in atax-qualified defined benefit governmental plan (as defined in section 414(d) of the Code) that provides for the acceptance of plan-to-plan transfers with respect to the Participant, then the Participant may elect to have any portion of the Account Balance of the Participant transferred to the defined benefit governmental plan. A transfer under this subsection (a) of section 9.4 may be made before the Participant has had a Severance from Employment. (b) A transfer may be made under subsection (a) of section 9.4 only if the transfer is either for the purchase of permissive service credit (as defined in section 415(n)(3)(A) of the Code) under the receiving defined benefit governmental plan or a repayment to which section 415 of the Code does not apply by reason of section 415(k)(3) of the Code. 2564533v2 26 CQ- ARTICLE X • PLAN ADMINISTRATION Section 10.1 Committee. L~ • 2564533v2 (a) The administrator of the Plan shall be the City of Hutchinson. Except as hereinafter provided, the City of Hutchinson shall appoint a Committee to act for and on behalf of the City of Hutchinson with respect to the administration of the Plan. The Committee may delegate authority with respect to the administration of the Plan as herein provided as it deems necessary or appropriate for the administration and operation of the Plan. Notwithstanding the forgoing, the City Council of the City of Hutchinson shall have the exclusive authority, which may not be delegated, to act for the .City of Hutchinson to amend the Plan and to terminate the Plan. The City Council of the City of Hutchinson shall also have the exclusive authority, which may not be delegated,. to appoint and .remove the members of the Committee as provided below. (b) The members of the Committee shall serve at the pleasure of the City Council of the City of Hutchinson and shall, unless the City Council of the City of Hutchinson determines otherwise, consist of those. persons designated by the City Council of the City of Hutchinson.. Members of the Committee shall serve without compensation. (c) If any individual no longer satisfies the requirements established by the City Council of the City of Hutchinson for serving on the Committee, then such individual shall be automatically removed as a member of the Committee at the earliest time such individual ceases to satisfy such requirements. This removal shall occur automatically and without any requirement for action by the City Council of -the City of Hutchinson or any notice to the individual so removed. (d) The Committee shall be authorized to act for and on behalf of the City of Hutchinson with respect to the administration and operation of the Plan. The Committee shall have sole discretionary responsibility for the operation, interpretation and administration of the .Plan and for determining eligibility for Plan benefits. Any action taken on any matter within the discretion of the Committee shall be final, conclusive and binding on all parties. In order to discharge its duties hereunder, the Committee shall have the power and authority to adopt, interpret, alter, amend or revoke rules and regulations necessary to administer the Plan, to decide or resolve any and all questions, including interpretations of the Plan, as may arise in such administration, and to delegate ministerial duties and to employ such outside professionals as may be required for the prudent administration of the Plan. Any benefits payable under the Plan. 27 ~~0.~ shall be paid only if the Committee decides in its discretion that the applicant or individual is eligible or entitled to such benefits. Section 10.2 Conflict of Interest. If any Employee of the City of Hutchinson to whom authority has .been delegated or redelegated hereunder shall also be a Participant in the Plan, such Participant shall have no authority as such Employee or member with respect to any matter specially affecting such individual interest of the Participant hereunder or the interest of a person superior to him or her in the organization (as distinguished from the interests of all Participants and Beneficiaries or a broad class of Participants and Beneficiaries), all such authority being reserved exclusively to the other Employees or members as the case may be, to the exclusion of such Participant, and such Participant shall act only in the individual capacity of the Participant in connection with any such matter. Section 10.3 Spendthrift Provisions. (a) Except as otherwise provided in this section 1,0.3, no Participant or Beneficiary shall have any interest in any Account Balance which can be transferred nor shall any Participant or Beneficiary have any power to anticipate, alienate, dispose of, pledge or encumber any amounts credited to any Account Balance under the Plan, nor shall the City of Hutchinson recognize any assignment thereof, either in whole or in part, nor shall any amounts credited to any Account Balance under the Plan be subject to • attachment, garnishment, execution following judgment or other legal process. (b) The power to designate Beneficiaries to receive the amounts credited to the Account Balance of a Participant in the event of the death of the Participant shall not permit or be construed to permit such power or right to be exercised by the Participant so as thereby to anticipate, pledge, mortgage or encumber. the Account Balance of the Participant or any part thereof, and any attempt of a Participant so to exercise said power in violation of this provision shall be of no force or effect and shall be disregarded by the City of Hutchinson. (c) Section 10.3 shall not prevent the City of Hutchinson from exercising, in its discretion, any of the applicable powers and options granted to it upon the occurrence of a distributable event described in section 8.1, as such powers maybe conferred upon it by any applicable provision hereof (d) Notwithstanding the foregoing, the Plan shall comply with a domestic relations order that is determined to be a "qualified domestic relations order" by the Committee in accordance with section 10.4 of the Plan and requirements similar to the requirements of section 414(p) of the Code. • 2564533v2 28 ~c~~ Section 10.4 Domestic Relations Order. (a) Subject to and in accordance with section 1.457-10(c) of the Income Tax Regulations, the requirements of section 10.3 of the Plan shall not apply to a domestic relations order that is determined to be a "qualified domestic relations order" by the Committee in accordance with section 10.4 and requirements similaz to the requirements of section 414(p) of the Code. A "qualified domestic relations order" shall mean any judgment, decree, or order (including approval of a property settlement agreement) which creates or recognizes the existence of the right of an alternate payee to receive all or a portion of the benefits payable with respect to a Participant under the Plan, pursuant to the domestic relations law of the state relating to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of the Participant; provided, however, that such order specifically provides: (i) the name and last known mailing address of the Participant, and of each alternate payee covered by such order; (ii) the amount or percentage of the benefits of the Participant to be paid by the Plan to each alternate payee, or the manner in which such amount or percentage is to be determined and that the manner and time of the distribution of the benefits satisfy the distribution requirements of section 457(d) and 401(a)(9) of the Code; • (iii) the number of payments or the period to which such order applies; (iv) the. distribution to an alternate payee of the benefits of a Participant shall occur only with respect to a Participant in pay status (currently eligible to receive distributions) under section 457(d)(1)(A) of the Code to the alternate payee named in the order to meet the obligations of the Participant with respect to alimony, support, or the division of marital property rights; (v) the. rights of an alternate payee shall not be greater than those of .the Participant; (vi) the alternate payee may not receive a distribution under section 457(d) of an amount because of an unforeseeable emergency or receive a distribution under section 457(e)(9) of the Code of an amount that does not exceed the dollaz limit under section 411(a)(11)(A) of the Code; and (vii) the name of the Plan. (b) The Committee shall establish reasonable written procedures to determine the qualified status of domestic relations orders in accordance with requirements similaz to the requirements of section 414(p) of the Code and 2564533v2 29 1 CG.. the provisions of this section 10.4, and to administer .distributions made • thereunder in a manner consistent with sections 457(b)(5) and 457(d) of the Code. (c) The Committee shall administer domestic relations orders in a manner consistent with the following requirements: (i) the Committee shall promptly notify the Participant and any named alternate payee of receipt of a domestic relations order and the Plan procedures used for determining whether such order is a qualified domestic relations order; (ii) the Committee shall, .within a reasonable period following receipt of such order, determine whether such order is a qualified domestic relations order and notify the Participant and each alternate payee of such determination; (iii) during the period beginning when the order is received and ending with the earlier of the date of determination of the qualified status of the order or the expiration of eighteen (18) months, the Committee shall separately account for the amounts which would have been payable to the alternate payee during such period if the domestic relations order had been determined to be a qualified domestic relations order; • (iv) if, within eighteen (18) months of receipt of such order, the order is determined to be a qualified domestic relations .order, the Committee shall separately account for the amounts which will be payable to the alternate payee pursuant to such .order and shall pay such amounts in accordance with the requirements of sections 457(b)(5) and 457(d) of the Code and section $.4 of the Plan; provided, however, that no distribution shall be made in accordance with section 457(e)(9) or subsection (c) of section 8.4 of the Plan with respect to an alternate payee; (v) if, within eighteen (18) months of receipt of such order, the order is determined not to be qualified or the status of the order is unresolved, the Committee shall pay the amounts described in paragraph (iii) of subsection (c) of this section 8.4 to the person or persons .who would have been entitled to such amounts if no domestic relations order had been received; (vi) a determination that a domestic relations order is qualified which is made later than eighteen (18) months after the receipt of such order shall operate prospectively only. (d) If an order is determined by the Committee to be a qualified domestic relations order with respect to all or any portion of the benefit of a 2564533v2 30 ~c~) Participant payable under the Plan, then, subject to the requirements of section 457 of the Code and this section 10.4, the alternate payee shalt be considered for purposes of the provisions of the Plan and the Trust to be a Beneficiary under the Plan and the Trust. (e) Amounts of compensation deferred in accordance with the Plan, including, any earnings attributable to the deferred compensation, to which the alternate payee under a qualified domestic relations order has derived the right to receive pursuant to such qualified domestic relations order, will be subject to tax in accordance with section 414(p) of the Code. (f) Distributions made pursuant to section 10.4 shall complete discharge the Plan of its obligations with respect to the Participant and each alternate payee to the extent of any such distributions. Section 10.5 IRS Levy. Notwithstanding section 10.3, the Committee may pay from the Account Balance of a .Participant or a Beneficiary the amount that the Committee finds is lawfully demanded. under a levy issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. Section 10.6 Mistaken Contributions. • If any contribution (or any portion of a contribution) is made to the Plan by a good faith mistake of fact, then within one year after the payment of the contribution, and upon receipt in good order of a proper request approved by the Committee, the amount of the mistaken contribution (adjusted for any income or loss in value, if any, allocable thereto) shall be returned directly to the Participant or, to the extent required or permitted by the Committee, to the City of Hutchinson. Section 10.7 Payments to Minors and Incompetents. If a Participant or Beneficiary entitled to receive any benefits under the Plan is a minor or is adjudged to be legally incapable of giving valid receipt and discharge for such benefits, or is deemed so by the Committee, benefits will be paid to such person as the Committee may designate for the benefit of such Participant or Beneficiary. Such payments shall be considered a payment to such Participant or Beneficiary and shall, to the extent made, be deemed a complete discharge of any liability for such payments under the Plan. Section 10.8 Procedure When Distributee Cannot be Located. The Committee shall make all reasonable attempts to determine the identity and address of a Participant or a Beneficiary entitled to benefits under the Plan. For this purpose, a reasonable attempt means: • 2S64S33v2 3 1 ~~~~ (a) the mailing by certified mail of a notice to the last known address .shown on the records of the City of Hutchinson or the records of the Committee, (b) notification sent to the Social Security Administration or the Pension Benefit Guaranty Corporation (under their program to identify payees under retirement plans), and (c) the payee has not responded within six (6) months. If the Committee is unable to locate such a person entitled to benefits under the Plan, or if there has been no claim made for such benefits, the Trust fund shall continue to hold the benefits due such person. ARTICLE XI AMENDMENT AND TERMINATION Section 11.1 Amendment of Plan. The City of Hutchinson shall have the right. to amend the Plan, at any time and from time to time, in whole or in part in the same manner as any other action which may be taken by the City of Hutchinson. The City of Hutchinson shall notify the Participants of any Plan amendment. Section 11.2 Plan Termination. Although the City of Hutchinson has established the Plan with the intention and expectation to maintain the Plan indefinitely, the City of Hutchinson may terminate or discontinue the Plan in whole or in part at any time without any liability for such termination or discontinuance. Upon Plan termination, all deferrals shall cease. Each Account Balance under. the Plan shall remain in the Trust fund until distribution of benefits commences pursuant to Article VIII. CITY OF HUTCHINSON By Title: • 2564533v2 32 ~~~ TRUST AGREEMENT • FOR THE CITY OF HUTCHINSON DEFERRED COMPENSATION PLAN THIS TRUST AGREEMENT is entered into this day of December, 2005 by and between the CITY OF HUTCHINSON and (hereinafter referred to as the "Trustee'. WHEREAS, the City of Hutchinson has adopted an eligible deferred compensation plan that is intended to meet the requirements of subsections (a) and (b) of section .457 of the Internal Revenue Code, known as the City of Hutchinson Deferred Compensation Plan (hereinafter referred to as the "Plan"); WHEREAS, the City of Hutchinson has incurred and expects to incur liability under the terms of the Plan with respect to the individuals participating in the Plan; WHEREAS, the City of Hutchinson established a trust (hereinafter referred to as the "Trust's pursuant to a Trust Agreement entered into by the City of Hutchinson and the Trustee dated- December 22, 1998, with regazd to the City of Hutchinson Deferred Compensation Plan and the City of Hutchinson has contributed to the Trust assets that have been held therein for the exclusive benefit of the participants in the Plan and their beneficiaries pursuant to the terms and conditions of the Plan and the Trust; WHEREAS, the City of Hutchinson and the Trustee wish to amend and restate the Trust Agreement to conform the provisions of the Trust Agreement to the applicable requirements of the law and to reflect any changes that may be required for purposes of the operation and administration of the amended and restated City of Hutchinson Deferred Compensation Plan; and WHEREAS, it is the intention of the City of Hutchinson and the Trustee that the Trust is treated as an organization exempt from tax under section 501(a) of the Internal Revenue Code and that the City of Hutchinson continue to make contributions to the Trust to provide the City of Hutchinson with a source. of assets to meet the liabilities of the City of Hutchinson under the terms of the Plan as amended and restated. NOW, THEREFORE, pursuant to the authority and power reserved to the City of Hutchinson and the Trustee, the City of Hutchinson and the Trustee do hereby agree to amend the Trust Agreement and hereby do so in the form of a restated Trust Agreement, and agree that the Trust assets shall be comprised, held and disposed of in accordance with this amended and restated Trust Agreement. ARTICLE I ESTABLISHMENT OF TRUST 1.1 Delivery of Assets. The City of Hutchinson has delivered to the Trustee in trust cash and other property acceptable to the Trustee to be held as principal of the Trust and administered and disposed of by the Trustee as provided in this Trust Agreement. 2572360v1 9O 1.2 Trust Assets. The Trust shall be irrevocable and the principal of .the Trust, and all property and. rights purchased with such amounts, and any earnings thereon, shall be held separate and apart from other funds and assets of the City of Hutchinson and shall be used exclusively for the uses and purposes of the participants and their beneficiaries under the terms of the Plan. It shall be impossible, prior to the satisfaction of all liabilities with respect to the participants in the Plan and their beneficiaries, for any part of the assets and income of the Trust to be used for, or diverted to, purposes other than for the exclusive benefit of participants and their beneficiaries. 1.3 Contributions to the Trust. The City of Hutchinson shall make additional contributions of cash, or other assets acceptable to the Trustee, to be held in trust- with the Trustee and administered and disposed of by the Trustee as provided in this Trust Agreement. It shall be required that amounts deferred under the Plan must be transferred to the Trust within a specified period after. the date the amounts would otherwise have been paid to the Plan participant that is not longer than is reasonable for the proper administration of the participant accounts. For purposes of .this requirement, the Plan may provide for amounts deferred under the Plan at the election of the participant to be transferred to the Trust within fifteen (15) business days after the end of the month in which the amounts would otherwise have been paid to the participant. 1.4 Tag Treatment of Trust. The Trust shall be treated as an organization exempt from tax pursuant to section 501(a) of the Internal Revenue Code, and, notwithstanding any other provision of the Internal Revenue Code, amounts in the Trust shall be includable in the gross income of the participants and beneficiaries only to the extent, and at the tune, provided for in subject (a) of section 457 of the Internal Revenue Code, sections 1.457-4 through 1..457-10 of the Treasury Regulations, and the terms and conditions of the Plan. ARTICLE II PAYMENT REQUIREMENTS 2.1 Payment Schedule. Within ten (10) business days after the last day of each calendar quarter, and more frequently as maybe required for purposes of the operation and administration of the Plan or as maybe required under this Trust Agreement or as determined by the City of Hutchinson to be necessary or appropriate, the City of Hutchinson shall deliver to the Trustee a schedule (hereinafter referred to as the "payment schedule's that indicates the amounts payable or assets distributable with respect to the participants in the Plan, or their beneficiaries, determined in accordance with the terms and" conditions of the Plan, the participant election forms currently in effect that specify~the form and manner of distribution and filed with the City of Hutchinson, and any other information or instructions that maybe necessary or appropriate. 2.2 Payments to Participants and their Beneficiaries. The Trustee shall make payments or other distributions to the Plan participants, or their beneficiaries, pursuant to and in accordance with the payment schedule and such other information or instructions necessary or appropriate for determining the amounts so payable or assets so distributable. 2.3 Tax Withholding. The Trustee shall perform or make provision for the performance of the required tax calculations, the tax withholding required under the terms of the Plan, the 2572360v1 ~ q~0.~ provisions of this Trust, and the Plan participant election forms currently in effect and filed with the City of Hutchinson, and the reporting and withholding of any federal, state or local .taxes within the period required by law that may be required with respect to the payment of benefits pursuant to the terms of the Plan. The Trustee shall pay such amounts so determined, reported and withheld to the appropriate taxing authorities or determine that such amounts have been properly reported, withheld and paid by the City of Hutchinson to the appropriate taxing authorities. 2.4 Entitlement to Payments. The entitlement of the participants in the Plan, or their beneficiaries, to .benefits payable under the .Plan shall be determined in accordance with and pursuant to the terms and conditions of the Plan and as required under subsections (a) and (b) of section 457 of the .Internal Revenue Code, and any claims for such benefits shall be considered and reviewed under the procedures set out in the Plan. ARTICLE III INVESTMENT AUTHORITY 3.1 Investment Powers. Except to the extent that the investment of Trust assets is directed by Plan participants pursuant to Section 3.3, the Trustee shall have the authority and power with respect to the investment of the Trust assets: (a) to invest and reinvest the Trust without distinction between principal and income in any form of tangible or intangible property, real, personal, or mixed, and wherever situated, including, but not by way of limitation, common or preferred stocks, shares of regulated investment companies and other mutual funds, bonds, loans, notes, debentures, mortgages, certificates of deposit,. interest, or participation, equipment, trust certificates, commercial paper including but. not limited to participation in pooled commercial .paper accounts, contracts with insurance .companies including but not limited to insurance, individual or group annuity, deposit administration, and guazanteed interest contracts, deposits at reasonable rates of interest at banking institutions including but not limited to savings accounts and certificates of deposit, and other forms of securities or investments of any kind, or chazacter whatsoever and representing interests in any form of enterprise, wherever it may be located, organized or operated within or without the United States of America, whether such investments aze income producing or not, without being limited in any respect by statute or court rule or decision of any jurisdiction now or hereafter in force purporting to limit or otherwise affect such investments; and assets of the Trust may be invested in securities or new ventures that involve a higher degree of risk than investments that have demonstrated their investment performance over an extended period of time; (b) to invest and reinvest all or any part of the assets of the .Trust in any common, collective or commingled -trust fund that is maintained by a bank or other institution and that is available to employee plans described under sections 457 or 401 of the Internal Revenue Code, or any successor provisions thereto, and during Zs~ss~i 3 nn _I ~~ .the period of time that an investment through any such medium shall exist, to the • extent of participation of the Plan, the declaration of trust of such common, collective. or commingled trust fund shall constitute a part of this Plan; (c) to invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit administration or guaranteed interest contract issued by an insurance company or other financial institution on a commingled or collective basis with the assets of any other plan described in section 457 of the Internal Revenue Code or trust qualified under section 401(a) of the Internal Revenue Code or any other plan described in section 401(a)(24) of the Internal Revenue Code, and such contract may be held or issued in the name of the Plan administrator, or such custodian as the Plan administrator may appoint, as agent and nominee for the City of Hutchinson; and during the period that an investment through any such contract shall exist, to the extent of participation of the Plan, the terms and conditions of such contract shall constitute a part of the Plan; (d) to purchase part interests in real property or in mortgages. on real property, wherever such real property may be situated, and to delegate to a property manager or the holder or holders of a majority interest in such real property or mortgage on real property the management and operation of any part interest in such real property or mortgages; (e) to hold cash awaiting investment and to keep portions of the Trust in cash or cash balances, without liability for interest, in such amounts as may from time to time be deemed to be reasonable and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan; (f) to retain, manage, operate, administer, divide, subdivide, partition,. mortgage, pledge, improve, alter, demolish, remodel, repair, and develop in any manner any property, or any part of or partial interest in any property, or any part of or partial interest in any property, real or personal, held in the Trust, to lease such property for any period of time, and to grant options to sell, exchange, lease, or otherwise dispose of any such property, without regard to restrictions applicable to fiduciaries or others and without the approval of any court; (g) to sell for cash or credit, redeem, exchange for other property, convey, transfer, or otherwise dispose of any property held in the Trust in any manner and. at any time, by private contract or at public auction or otherwise, and no other person shall be bound to see to the application of the purchase money or to inquire into the validity, expediency, or propriety of any such sale or other disposition; (h) to enter into contracts for or to make commitments either alone or together with others to purchase or sell at any future date any property acquired for the Trust; (i) to vote or to refiain from voting any stocks, bonds, or other securities held in the Trust, to exercise any other right appurtenant to any securities or other property • held in the Trust, to give general or special proxies or powers of attorney with or 2572360v1 4 9C~ without power of substitution with respect to such securities and other property and make any payments incidental thereto, and generally to exercise, personally or by general or limited power of attorney, any of the. powers of an owner with respect to stocks, bonds, securities, or other property held in the Trust at any time; (j) to oppose or to consent to and participate in any organization, reorganization, consolidation, merger, combination, readjustment of finances, or similar arrangement with respect to any corporation, .company, or association, any of the securities of which are held in the Trust, to do any act with reference thereto, including the exercise or options, the making of agreements or subscriptions and .the payment of expenses, assessments, or subscriptions that may be deemed necessary or advisable in connection therewith, and to accept, hold, and retain any securities or other property that maybe so acquired; (k) to deposit any property held in the Trust with any protective, reorganization, or similaz committee, and to delegate discretionary .power thereto and to pay and agree to pay pazt of its expenses and compensation and any assessments levied with respect to any such property so deposited; (1) to hold, to authorize the holding of, and to register any investment to the Trust in the name of the Plan, the City of Hutchinson, or any nominee or agent of any of the foregoing, including the Plan administrator, or in bearer form, to deposit or arrange for the deposit of securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by any other person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or holding title to any property for the Trust, all with or without the addition of words or other action to indicate that property is held in a fiduciary or representative capacity but the books and records of the Plan shall at all times show that all such investments are part of the Trust; (m) upon such terms as may be deemed advisable by the City of Hutchinson or the Plan administrator, as the case may be, for the protection of the interests of the Plan or for the preservation of the value of an investment, to exercise and enforce by suit or legal or equitable remedies or by other action, or to waive. any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on or agree to any other modification or change in the terms of any obligation owing to the Plan, to settle, compromise, adjust or submit to arbitration any claim or right in favor of or against the Plan, to exercise and enforce any and all rights. of foreclosure, bid for property in foreclosure, and take a deed in lieu of foreclosure with or without paying consideration therefor, to commence or defend suits or other legal proceedings whenever any interest of the Plan requires it, and to represent the Plan in all suits or legal proceeding in any court of law or equity or before anybody or tribunal; • (n) to employ suitable depositories, agents, and legal counsel on behalf of the Plan; 2572360v1 5 9L) (o) to .make, execute, acknowledge, and deliver .any and all deeds, leases, mortgages, conveyances, contracts, waivers, releases, or other instruments in writing necessary or proper for the accomplishment of any of the foregoing powers; (p) to open and maintain any bank account or accounts in the name of the Plan, the City of Hutchinson, or any nominee or agent of the foregoing, including the Plan administrator, in any bank or banks; and (q) to do any .and all other acts that .may be deemed necessary to carry out the authority or any of the powers set forth herein. 3.2 Taxes and Expenses. All taxes of any and all kinds whatsoever that may be levied or assessed under existing or future laws upon, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or dispositions of securities and similar expenses of investment and reinvestment of the Trust, shall be paid from the Trust. Such reasonable compensation of the Plan administrator, as may be agreed upon from time to time by the City of Hutchinson and the Plan administrator, and reimbursement for reasonable expenses incurred by the .Plan administrator in performance of its duties hereunder (including but not limited to fees for legal, accounting, investment and custodial services) shall also be paid from the Trust. 3.3 Investment Funds. In accordance .with uniform and nondiscriminatory rules established by the City of Hutchinson and the Plan administrator, a Plan participant may direct- the investment of amounts allocated to the accounts of the participant in one (1) or more investment funds available under the Plan; provided, however, that the investment directions of the .participant shall not violate any investment restrictions established by the City of Hutchinson. It is anticipated that the investments with respect to a participant will conform to the investment preference specified by the participant, but nothing herein shall be construed to require any particular investment of the deferred compensation and earnings thereon. Neither the City of Hutchinson, the Plan administrator, nor any other person shall be liable for any losses incurred by virtue of following such directions or with any reasonable administrative. delay in implementing such directions. 3.4 Valuation of Accounts. As of each accounting date, the Plan assets held in each investment fund offered shall be valued at fair market value and the investment income and gains or losses for each fund shall be determined. Such investment income and gains or losses shall be allocated proportionately among all account balances on a fund-by-fund basis. The allocation shall be in the proportion that each such account balance as of the immediately preceding accounting date bears to the total of all such account balances as of the accounting date. For purposes of this Article III, all account balances include the account balances of all participants and beneficiaries. The accounting date shall be established by the Plan administrator and shall not be less than annually. 3.5 Crediting of Accounts. The account of each Plan participant shall reflect the amount and value of the investments or other property obtained through the investment of the deferred compensation of the participant and the City of Hutchinson. Each participant. shall receive periodic reports, not less frequently than annually, showing the then current value of the account of the participant. 2572360v1 ~ 9L~ 3.6 Liability of the City of Hutchinson. In no event shall the liability of the City of Hutchinson to pay benefits to a participant under this Plan exceed the value of -the amounts credited to the account of the participant; neither the City of Hutchinson nor the Plan administrator shall be liable for losses arising from depreciation or reduction in the value of any investments acquired under this Plan. ARTICLE IV ACCOUNTING BY THE TRUSTEE 4.1 Records Maintained by the Trustee. The Trustee shall maintain accurate and detailed records of all investments, receipts, disbursements, and other transactions for the Trust required to be made, including such specific records as shall be agreed upon in writing between the City of Hutchinson and the Trustee. Within thirty (30) calendar days, following the close of each calendaz year and within thirty (30) calendaz days after the removal or resignation of the Trustee, the Trustee shall deliver to the City of Hutchinson a written account of its administration of the Trust during such yeaz or during the period from the close of the last preceding yeaz to the date of such removal or resignation, setting- forth all investments, receipts, disbursements and other transactions effected by it, including a description of all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown sepazately), and showing -all. cash, securities, .and other property, held in the Trust at the end of such yeaz or as of the date of such removal or resignation of the Trustee, as the case maybe.. • 4.2 Participant Information. The Trustee shall receive from the City of Hutchinson within twenty (20) business days following the end of each calendaz quarter, for each current participant in the Plan, his or her name, address, social security number, employment status, the election form currently in effect that specifies the form and manner of distribution, and any other information the City of Hutchinson deems necessary or appropriate, for purposes of the operation and administration of the Plan and the Trust. Also, within twenty (20) .business days following the end of each calendar quarter, the Trustee shall prepaze and deliver to each Plan participant a written statement of the amounts credited to his or her account, and to the City of Hutchinson a summary report of each such account of each participant in the Plan. ARTICLE V RESPONSIBILITY OF TRUSTEE 5.1 Duty of Care. The Trustee shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, provided, however, that the Trustee shall incur no liability to any person for any. action taken reasonably and in good. faith pursuant to a direction, request or .approval given by the City of Hutchinson which is contemplated by, and in conformity with, the terms of the Plan and this Trust and is given in writing by the City of Hutchinson. In the event of a dispute between the. City of Hutchinson and a party, the Trustee may apply to a court of competent jurisdiction to • resolve the dispute. 2sn3~t 7 G r -1 `Q 5.2 Matters of Litigation. If the Trustee undertakes or defends any litigation arising in connection with the Trust, the City of Hutchinson agrees to indemnify the Trustee against the directly and reasonably incurred costs, expenses and liabilities (including attorney's fees and .expenses) of the Trustee relating thereto and to be primarily liable for such payments. If the City of Hutchinson does not pay such directly and reasonably incurred costs, expenses and liabilities in a reasonably timely manner after appropriate documentation with respect thereto has been submitted by the Trustee to the City of Hutchinson, the Trustee shall obtain payment from the Trust. The Trustee may, at its own expense, consult with legal counsel with respect to any of its duties or obligations under this Trust Agreement. 5.3 Engagement of Advisors. The Trustee may, at its own expense, engage or retain agents, accountants, actuaries, investment advisors, financial consultants or other professional advisors or consultants to assist the Trustee in performing any of its duties, responsibilities or obligations under the Trust Agreement. The Trustee may, with the consent and approval. of the City of Hutchinson and at the expense of the City of Hutchinson, engage or retain such professional advisors or consultants to assist the Trustee in addressing extraordinary circumstances and performing extraordinary services, as so determined by the Trustee and the City of Hutchinson, under this Trust Agreement. 5.4 Powers of Trustee. The Trustee shall have, without exclusion, all powers conferred on trustees by applicable law, unless ..expressly provided otherwise herein. 5.5 Separate Accounting. The Trustee shall separately account for and record on its books and records each item of Trust assets and property as held for and belonging to the Trust, and • shall not commingle any Trust assets or property with the property of the Trustee or any other person. The Trustee shall maintain in effect at all times an errors and omissions insurance policy and afidelity/defalcation insurance policy, each in the coverage amount of six million dollars ($6,000,000) per loss event incident. ARTICLE VI COMPENSATION AND EXPENSES OF THE TRUSTEE 6.1 Expenses of Trustee. Except as specifically provided in this Trust Agreement to the contrary, the City of Hutchinson shall pay all directly and reasonably incurred administrative fees and expenses of the Trustee with respect to the Trust; and, if such directly and reasonably incurred administrative fees and expenses are not so paid in a reasonably timely manner by the City of Hutchinson, such directly and reasonably incurred administrative fees and expenses shall be paid from the Trust. 6.2 Submission of Information. For purposes of the payment of the directly and reasonably incurred administrative fees and expenses of the Trustee, the documentation and information regarding such directly and reasonably incurred administrative fees and expenses of the Trustee shall be submitted to the City of Hutchinson in a reasonably timely and appropriate manner with respect thereto, ?572360v1 $ (~ C~" ~. ARTICLE VII • RESIGNATION AND REMOVAL OF THE' TRUSTEE 7.1 Resignation of Trustee. The Trustee may resign at any time by written notice to the City of Hutchinson,- which shall be effective sixty (60) calendar days after receipt of such notice unless the City of Hutchinson and the Trustee agree otherwise. 7.2 Removal of Trustee. The Trustee may be removed by the City of Hutchinson on thirty (30) calendar days advance written notice or upon shorter notice accepted by the Trustee. 7.3 Successor Trustee. Upon resignation or removal of the Trustee and appointment of a successor trustee, all assets shall subsequently be transferred to the successor trustee. The transfer shall be completed within thirty (30) calendar days after receipt of notice of resignation, removal or transfer, and .acceptance by the successor trustee, unless the City. of Hutchinson extends the time limit. 7.4 Successor Trustee. If the Trustee resigns or is removed in accordance with the provisions of this Article VII, the City of Hutchinson may appoint a third party, such as a bank trust department or other party that maybe granted trustee powers under federal or state law, as a successor to replace the Trustee upon such resignation or removal. The appointment shall be effective when accepted in writing by the new trustee, which shall have all of the rights and powers of the former Trustee, including the rights with respect to the Trust assets as described in this. Trust Agreement. The former Trustee shall be required to execute any instrument necessary • or reasonably. requested by the City of Hutchinson or the successor trustee to evidence the transfer. ARTICLE VIII AMENDMENT OR TERMINATION 8.1 Amendment of Trust Agreement. This Trust Agreement may be amended by a written instrument executed by the Trustee and the City of Hutchinson; provided, however, that no such amendment shall cause the Trust to be treated other than an organization exempt from tax pursuant to section 501(a) of the Internal Revenue Code, or conflict with the terms of the Plan, make the Trust revocable, or violate any trust requirements of federal and state law. 8.2 Termination of Trust. The Trust shall not terminate until the date on which the participants in the Plan and their beneficiaries are no longer entitled to benefits pursuant to the term of the Plan. Upon termination of the Trust, any assets remaining in the Trust shall be returned to the City of Hutchinson. • 2572360v1 (~ ~ c~~ ARTICLE IiX NIISCELLANEOUS TRUST PROVISIONS 9.1 Validity of Trust Provisions. Any provision of this Trust Agreement prohibited by law shall be ineffective to the extent of any such prohibition, without invalidating the remaining provisions hereof. 9.2 Assignment. and Alienation. Benefits payable to the participants in the Plan and their beneficiaries under the Trust Agreement shall not be anticipated, assigned (either at law or in equity), alienated, pledged, encumbered or subjected to attachment, garnishment, levy, execution or other legal or equitable process. 9.3 Applicable Law. To the extent not otherwise subject to federal law, this Trust Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. ARTICLE X EFFECTIVE DATE 10.1 Originally Effective. The Trust was originally established pursuant to a Trust Agreement entered into by the City of Hutchinson and the Trustee effective as of the first day of January 1999. • 10.2 Effective Date of Amended Trust Agreement. The effective date of this amended and restated Trust Agreement shall be the day of , 200 IN WITNESS WHEREOF, the, parties hereto have duly executed and delivered this Trust Agreement, as of the date first written above. TRUSTEE By: its: 2572360v1 CITY OF HUTCHINSON Bv: its: i0 9C~ RESOLUTION NO.12878 • RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING N0.2 PROJECT N0.06-02 WHEREAS, it is proposed to construct new water treatment plant facilities. NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement has been referred to the Director of Public Works for study and that he has worked with EarthTech Consulting to review and complete a report, and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 27th day of December 2005. Mayor: Steven W. Cook :7 City Administrator: Gary D. Plotz q(-~1 .7 • HUTCHINSON PUBLIC WORKS/ENGINEERING DEPARTMENT Hutchinson City Center) l l Hassan St SE/Hutchinson 1vIN 55350-2522/320-234-4209/FAX'320-234-4240 ENGINEERING REPORT TO: Mayor and City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer DATE: 12/22/2005 SUBJECT: Letting No. 2/Project No. 06-02 (Water Treatment Plant) I have studied the following proposed improvement and find that the proposed project is feasible and recommend it be constructed. L2/P06-02 The Water Treatment Plant project includes the construction of a new water treatment plant building, installation of water purification equipment, refurbishment of wells 4, 5, 6, 7, and 8, provision of tie ins to the reservoir, water distribution system and other utilities and final grading, landscaping, fencing and paving for the site. The new plant will be able to produce a peak capacity of 6.5 million gallons per day. The existing water treatment plant and Well #3 will be retired. The plans-and specifications provide detailed instructions in constructing the work in stages to accommodate operation of existing facilities during construction period. The contractor will complete the project in the following stages- (milestones): . 1. Install temporary piping, including permanent sanitary and storm sewer piping. 2. Construct water treatment plant building and install all equipment and furnishings. 3. Install water main piping and connections to the water distribution system. 4. Refurbish Wells 7 and 8 and connect to new water treatment plant. 5. Startup new water treatment plant facility. 6. Refurbish Wells 4, 5, and 6 and connect to new water treatment plant. 7. Complete grading, roadways, walkways, fencing, and landscaping. ESTIMATED COST TOTAL Construction Cost $10,550,000.00 En ineerin $1,580,000.00 Administration $630,000.00 Fiscal/Le alllnterest $320,000.00 ESTIMATED TOTAL $13,080,000,00 • ESTIMATED FUNDING TOTAL Assessable Cost $0.00 C` -Bonded $0.00 C' -Water Funds $13,080,000.00 C' -Sewer funds $0.00 MSA $O.OD MN/DOT $0.00 ESTIMATED TOTAL $13,080,000.00 Qi 1 l,~ RESOLUTION NO. 12879 • RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT LETTING N0.2 PROJECT N0.06-02 WHEREAS, pursuant to a resolution of the Council adopted February 8th, 2005, the Director of Public Works has prepared a report in reference to the construction of new water treatment plant facilities. WHEREAS, said report was received by the Council on December 27th, 2005. WHEREAS, this improvement is 100% City Funded with no assessments to property owners and therefore no public hearing is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements in accordance with the reports at an estimated total cost of the improvement of $13,080,000.00. 2. The public hearing is hereby waived, as this improvement project is 100% City funded. Adopted by the Hutchinson City Council this 27th day of December 2005. • Mayor: Steven W. Cook City Administrator: Gary D. Plotz 1 ,~ u q Cam) RESOLUTION NO. 12880 • RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING N0.2 PROJECT N0.06-02 WHEREAS, a resolution of the City Council adopted the 27h day of December 2005, waived Council Hearing for the construction of new water treatmentplant facilities. NOW .THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 27th day of December 2005. 2. John Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 27th day of December 2005 • Mayor City Administrator • 9 ~-~ RESOLUTION NO.12881 • ~ RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING N0.2 PROJECT N0.06-02 WHEREAS, the Director of Public Works has prepared plans and specifications for the construction of new water treatment plant facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, acopy of which is attached hereto and made a part hereof, are hereby approved.. 2. The Director of Public Works 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 Thursday, February 2nd, 2006, at which time they will be publiGy opened in the Council Chambers of the Hutchinson City Center by the City Administrator and/or Director of Public Works, will then be tabulated, and will be considered by the Council at 5:30 pm on Tuesday, February 14th, 2006in 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 Public Works 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 27th day of December 2005. Mayor. Steven W Cook City Administrator: Gary D Plotz • q c~) PUBLICATION N0.7414 • ADVERTISEMENT FOR BIDS LETTING N0.2 PROJECT N0.06-02 Hutchinson, Minnesota TO WHOM IT MAY CONCERN: Dated: December 27,.2005 The City Council of the City of Hutchinson, Minnesota, will receive lump-sum bids at the Office of the City Engineer/Director of Public Works, 111 Hassan St SE, Hutchinson MN, until 2:00 pm on Thursday, February 2nd, 2006, for construction of new water treatment plant facilities all in accordance with the Plans and Specifications on file at Earth Tech, Inc, Plymouth, MN and in the Office of the City Engineer. A pre-bid conference will be held Wednesday, January 18th, 2006 at 2:00 PM at the Council Chambers of the Hutchinson City Center, 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, February 14th, 2006 in the Council Chambers of the Hutchinson City Center. All bids shall be made on the Bid Forms provided in the Bid 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 bids shall also be accompanied by the required Insurance Certificates as noted in the specifications, and Certificate of Compliance with the Minnesota Worker's Compensation Law. Bids shall be directed to the City Engineer, securely sealed and endorsed upon the outside wrapper. The City Council reserves the right to reject all bids and to waive any informalities and irregularities. Copies of the Plans, Specifications and Proposal Forms are on file and are available from Earth Tech, Inc., 3033 Campus Drive Suite E290, Plymouth, MN 55441, Telephone 763-551-1001, and will be fumished on request to any prospective bidder upon payment of $200 per set (NON- REFUNDABLE).The successful bidder will be fumished free of charge, additional adequate number of specifications. Gary D. Plotz, City Administrator PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, DECEMBER 29TH 2005- AND THURSDAY, JANUARY 5TH 2006 AND THURSDAY, JANUARY 12TH, 2006, ANO IN THE CONSTRUCTION BULLETIN ON FRIDAY, DECEMBER 30TH 2005 AND FRIDAY, JANUARY6TH 2006 AND FRIDAY, JANUARY 13TH, 2006. Hutchinson Water Treatrnentfllant - 83358 ~ ~~ •_ • ~ r ~ t r ~ ~ u~ ~ ~ ~ r t- t ~ ~ ~ ~ ~ .__ .-~~~ - ~~ ~~ {y~ ~• 3 H /' ~ ~''!!`` . -'77" s 1I ~ ~ i __ ' , ~ ~ may' ~ ~.. ` ~ ~ ~ ~ , ~ ~ ~ _, ,._i o ~ i~ ~i U • !ti ~ { _.__. • EarthTech .,~....~~.v.., A BETTER TOMORROW made possible 1 ~1 ~ ~~ • • q c~~ C~ • 9(h~ ~_ • .~: ~~JlCt ~~~1~~~@ Design Complete, December 27, 2005 . -Bids Due, February 2, 2006 . Award Contract, February, 2006 . Construction, 2006-2007 . Est. 18 months . ~1 Ea~thTECh ABETTER TOMORROW made possible ~J .r..rrro~, a~b~ ~~ l ~~ ~' WTES: STARE Ill EYERGRFLI TRE[S Iy SPC YCRRL CDR DCD TCIIDIK TIIE34. 1RLE 51Y11 REAR SAYE q[IA1pY ro iRlIY4D DRADE AS R BORE /0 01A~REItlYE ONL1ClO ORDR RIIDIIEY BRIIICY[S. SET STATS OR OVIS Ina/s w TREE f"or r-a IIDIiYO ro PaRY sAUaR R[MDI[ RYRAP IIIDII Ta In a sal .nnnE sEAr Rom sAU m TwT toP 6 AT SIIIE ClMTR1M_A4____ IMIIDMDDD MYIOY TORY t' SNICCR AROIR~ pERWEIER OC PI/MIYID M rMRSR aaADE REMDYf RURIN iROM TOP to Oi DYU a REw.c EYRRC ennAMw arcrARED PUNT YauRa rwr SHRUB PLANTING ND~RE~ILT~I RR sTA+IES ro uTUO Ir °aROiRlo EVERGREEN TREE PLANTING Yrs uM• Yr Y.- srARRC/tarot PIAR spcwTC ~ 1REE RwP f-PLY RCWCMCCD ROBBEM MDSE (I/1' D) SE< RODT OIXlM AT SLDPE URE if OA1fi OALMVM2ED STEEL REYDK /11 TMI1E iRDY MME (f DAYS PER 1R[E) AYNK RUIRAP SNAtl RE ]1YL OEITY 11UlDY RfYDTEO iRDY COP DC 6V1 CORY ~' y/KER MOIMD 1'~1' MODO STNIE P[RYETER DC PI/RIIRID 1Yf (N'-507 EIRSTMq SLOPE AE1E1RwlE ARDIgRND IPPIIDML Kr M UPON PIEPARED PIAIIT MRIURE . S[AT RDDT RALL p1 6" OC ' DDyPIirzD PIAYIR? IRiDIME ERRIRID SURDRADE '. TREE PLANTING Yrs v +® SCAtE ~ • • PLANTSCNEGUL E SIff ROOT PIAYI SMYDDL REY REY RDTANIDLL NNL - CDNIIDR YYIE MDIlY LODYST S' MDI DD gy1NIDY A DLEd14M TRYC1NDgS B ACUI SACCNYRAI C/1SIOM RFD C@R '3~ RDT ~ e ARrcRUS vMD+RIRA TIED TMC. DDDRDDD r ,~ ODRTIINER D CORIRR: SPEDE4 /W~~ ~I/ z i~ ~ ~~~ ~~_ ~ a ~~ =z~ ~~ ~~ :;~_ Arz acTaa loos RoccT Yo ssbe 00 •`' 3 •?" - ar,'i .Y ~~_k rP ^~~ ! ~ ~~ ti ,g" w, '.~41''', N .~ dk~Jrl,~~~1 - - __ Y . "'Ji __ _. _. .~i'rr~ent !~'farrt ~'~~~ric~r '~~ ~°.2]P~ki ~€'.C {"5 ABETTER TOMeRR64F' -.~,; 4.'". ,~ ~° i d~a r ~7? Erg °> ~ ~:¢ s o i ~ ~qA p~; ~.. e:f ~ is 1!;" A'_ 'r ~ ~ ~fe +;±" ~ ~ !'~_' ~ ~j"9.ioe ~ ~°e;° t a n e ~-" =~ ._.. ~ - ,~,~`": ~~... 'it ~~=y ~f 9si '4 '~ le . , ,, n r - _ ~ ~~.> ~ .. I ~ _ ,C. p.~ ,.~: ~, -r~~ ~ , e ~ +~ ' i ~ L ~ ~'~~I~:' LJ ~ i ~ ~_H~ i `F" e EarthTech A BeTtER TOMpRROw ~„a,~~ ~a~~ a~~ .,~,.~~w~..., 1 ~Lo,,.,,'II.. Ear~I? 9'~ar'i? _~- 'aq~'I ~ " -~ _. ei , ., _ -- R A BETYER TOMORROW rr~a~ie pnssihle ~~~~ ~m~l I~~~I~~ra~~y ., ~~ EarthTech b eErr~~ roMORROW ~,•=:1„ ~„.,._ h~: ~numa~.iw~ue.c,~e.. 2 3 EafthTeCh 4 BETTER TpMORR4w ma •~~w.e.woe.c~n~v Q EarthTech ABETTER TOMORROW made possible FI'Rpw~t~ W. Ca~ep 4 - ,~.~- ~.. ~ - R ® Design Complete, December 27, 2045 Bids Due, February 2, 2006 . Award Contras#, February, 2006 Construction, 2006-2007 . Est. 18 months t=ar'thTech ABETTER TdMORROW made pnss~hli ~ nmm.w..uuer.w. 5 e EH gi a ~~~~~~ ~~~oF_a I' ~~~~ ~g€€ ~38 ~a~o '3i:~ '~ g~~.$. 0 F b 4 J Y u d 0 .~ c i N 10L.~ _ 10-AS-16 toL~ t1_ m m •' B ^ ~ 10 v -D"~ 1D' 31'-4" -s FCt10RIDE ' _, .? t2 ~A ,I 1 t' ' i~' 0 ^ ~ ~ Q 0 -... w-8 ~ a a~ ~1 g aQ ~ S .K... '~{ ` ~. 1 ~~~ a o _ o _ ,a o _ ' a t „ ~ ~ `' 10 FlITER to ~ `Q ~. ~c ,~. ® o ; a ~; Q w-8 t,~ a" Q ~ , ONORAIL t.::. _,, ®e~ ~ t -- -~ ~ ~ it ~~ e tot ~~- y . ~ . w_ t w-e w- w-e w- I~ OR t AREA tos i C( toe OPEN OfFlCE to y ^ to, ^ 1 w-1 P~ 4'-0" 70'-. 0' 4' 8' 16' PR OFFl W-4 t 4 w_t 141'-4" _-- t 1 ! ~ s * G r ' RISER B 1 t27 ..., ., u(nsGA~r~r. ; - t~5 ._. GENERATOR O `. COA~RESSOR tee ;,; 126 ~ n~ ~. ,, ,__ _ ~ :o.. .. _ q .. _..: _,, , y i (,Ry Qoo 444y 3 . CORR _ ;y _. a v .. _. ~~ i.:N.e ' ..._ __ .44 7 ~ ~ ' _. na .. _ _.. :a. _.. i ,. 1 ,~ Y 0. I j~ r - ~ 1 140 iN a:+.~ 474 4<$~ y ;,.. __ i ~~ CORR Q tte LO t ~_ L~~ ~ t -( t--/~ ~. ii / / / / ,. .; ,,. A ~~ ~v~ u . --- ----- ----- --- -r---'"~~ - - - - m i ' tz4 m LANDSCAPE BLOCK . RETANNG Wpu METER SERVICE tt~ CORR w-7 t n w- tv-e t MECHANICAL toe w~ ~ LUNCH /TRAINING tm tto nt • w-4 ~ w-4 10-A~-tS ~ - ,a-~-. o P EIiMINARY FOR REVIEW ONLY 12'-6" \ ~ C~~ 0 E ~~ W Z Z g ~~ d NSW V I~Z J F ~ LL H ~~O ~ N OCU J U~~ 0' ~ 3 ~ ' OCTOBER 2005 ECT NO ~~ NAMEOt0A506AMC T NO eNO NO ~Q~~ z ::: O O N gA a 0 u P a 4 ARCED TOP CAST CAST STOKE COPING 1Z' HNiFI gMENSKNiAI TAPPEREO CASs TRANSUA;ENT STONE Lk7TEL WT(H LETTERS STONE COPRJG _. FBERCIA55 PANEL KEYSTONE _, SEE SEE ELEVATIONS SYSTEM WDH B7L8 GRIDS CAST STONE VENEER ELEVATIOKS TiMS STEET SPLIT FACED CLIU CAST STONE SK~IAGE THIS SHEET LEVEL TOP CAST STONE PANEL ." ~ _ ELEVATIONS THIS TH6 SHEET ATKNa SHEET . -- _ _ _ .~-"r. ~~ _ i.-~ -r-L _ _ ~... ... CAST STONE WNbOW SILL cASr STONE 50.1 BAND ..GRADE. CItlL. WOH.. ...... _.. TMaLL._...... ..._.__..._................, _.__.._...__.__.__..._._ RECESSEO CAST STONE &WO ALN:NED WITH AOJACEM SILL RECESSED CAST STONE BAND ALIGNED WITH ADJACENT COPNG OECORATNE PETAL RAIAtG CAST STONE PIER O 10 ry yr unn.v ~ N vr[ninY - ® \ ° - SCALE n ~ ro 0 ~J m . I ^ NL~ iIEVEL TOP ''' m -ARCHED TOP ' ~ -LEVEL TOP ~ -S .. -NO KEYSTONE -KEYSTONE -KEYSTONE 13'-t" (HALF LENGTH) ~ COPING LENGTH 23'-9" HALF LENGTH ~ COPING LENGTH m m m RED TOP COPRIG ... UPPER SOU1Fi ELEVAO(N~P° TAPE1tEDTOP fOPHNt_.tOWER SOU1H-EIEVATKkI _. _._ ~ WEST ELEVATION ." N PRELIMINARY FOR REVIEW ONLY RECESSED CAST STONE BAND ALIGNED WITH ADJACENT COPING CAST STONE VENEER RECESSED CAST STONE BAND ALIGNED WITH ADJACENT SILL-~ 1THYYEST 1APERED CAST STONE COPNIC 4' FlCFi gMENSIOHAL lET1ER$ SOUTH ELEVATION (NORTH SIM.) WEST ELEVATN)N :ENTRANCE ELEVATIONS 0' 2' 4' B' E e a m L~ W` ~1/ N ~ ~ Z 2 ~ OWO a ~ >>OW ~~ VIZ W~ j~~ ~. =w~ 318 lL lA oaz C~ ~rc~ aF U ~ ~~ a 0 3 W DATE OCTOBER 2005 PROJECT NO ~~ HLE KALE oTDUl2Dxc SHEET NO ~ DRAMNG NO 1U AS•12 a r s E~a m ~ E e G N h ~ ~ ~ a 0 N o FL( EL. 0 EI E e a cAST sroNE LnnEL WITH KEYStONE ... SEE DRAWRIO 10-AS-12 NORTH ELEVATION CAST STONE coPN+O TRWSLUCENT FIBER01A5$ PANEL SYSTEM W(M 8%B CRIDS SPOT (ACED CMU j'LEYEI TOP CAST STONE l1NTEL wRN KEYSTONE 1 SEE oRAWINC 10-AS-1 z... ~1.. ... -. ..- ~. BELOW CRADE CW NISIAATEO GVItt i~.i. 0' t' 8~ 16' SCALE • • EAST ELEVATION • • 0' 4' 8' 16' SCALE N m < b N 0 .m EL. ISOMETRIC VIEW FROM NORTHEAST i a E p i~ ~~ W` ~Ill~ z Z 0 ~~ a NpU) ZaZ J~ W ~~f f' V J~ ~ ~ =w~ N DaZ Z 0 V~f =tlf w= ~ ~ 0 3 z ATE OCTOBER 2005 TOJECT NO ~~ LE NAME t0as13.DWC #ET NO ~ TAIMNG NO 10~AS-13 O D~ ~Q ~ ~ ~~21 OF tRP~~~o • Minnesota Department of Transportation D1StrICt g - Willmar/MarshalUHutchinson 2505 Transportation Road Willmar, MN 56201 December 19, 2005 John Rodeberg Hutchinson City Center 111 Hassan St SE Hutchinson; MN 55350-2522 In reference to: Amendment No. 3 to Contract 85553 SP 4302 - 44 Final Design Plans - TH22/7 at Hutchinson Dear John: Office Tel: 320-231-5195 800-657-3792 Fax: 320-23i-5168 www.dot.state.mn.us Enclosed are five copies of the above referenced contract amendment: Please obtain the correct signatures. Two City officials must sign as indicated on the Amendments. Also note that in this case, with no additional expense for the City under this amendment, the State has waived our requirement for a Council Resolution. Signature by two City offficials is sufficient. Your signature on these~contracts does not constitute an obligation by the State. Execution of this contract is subject to and expressly conditioned upon final approval by the State pursuant to Minnesota Statutes 16C.05 Subdivision 2. Approval shall be conclusively deemed. given upon delivery of a fully executed contract to Contractor. A copy of the contract will. be sent to you after it is fully executed by the State. If the enclosed contract amendment. meets your approval, please have all five copies signed and return to me as soon as possible: Gene East Contract Administrator. Minnesota Department of Transportation 2505 Transportation Road Willmar, MN 56201 I have been assigned as the Contract Administrator for this project. Any changes or additions to this contract amendment will render it invalid. Sincerely, Gene East • Contract Administrator Enclosures: Five {5) contract amaendments An equal oPPo~tY employer q C~~ c I''~ ~ 1Vi I2. A N ~) [:T 1~ TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works RE: Consideration of Items Related to the TH 7/22 Project o Consideration of Amendment No. 3 to Contract o Consideration of Municipal Property Purchase by State DATE: December 22, 2005 Amendment No. 3 to Contract Attached is a copy of the amendment to the contract with Bolton & Menk for consulting services related to the Highway 7 Proj ect. The amendment is required in order for them to continue working on the project with Mn/DOT (the previous contract has lapsed). There aze no additional costs to the City, but our approval is needed since we aze included in the original contracts. We recommend approval. Municipal Property Purchase (near Hutchinson Utilities Generating Plant) Mn/DOT needs to acquire property from the City of Hutchinson on the west side of the Municipal Generating Plant Downtown along Main Street (TH 15) in order to complete construction of the new project. The City Council has approved the Layout Plan for this work noting this acquisition. When the final acquisition documents were being discussed with city personnel, it was noted that the current access off of Main Street would be closed, and the access rights purchased as part of the acquisition. Concerns were raised by City staff that the closure of this access was not noted in the approved Layout Plan, and that this action may both create a significant hardship for both accessing the plant and the adjoining property in the short-term, and for potential future redevelopment on the site into another use. Issues noted by Mn/DOT (please also see the attached response): 1. Although the driveway was not specifically noted as being "closed", as were virtually all other driveway locations on the plan, it also was cleazly not shown as being reconstructed. They understand the confusion, but believe that the intent was fairly cleaz. 2. The location of this entrance, and the design of the new roadway, make this location highly incompatible with a safe design: a. The access is in aright-in/right-out location anyway (because of the islandj, however it .would be almost directly next to the bridge, creating sight line issues. b. The new grade is approximately 7 feet higher than the current grade, creating a significant problem with. providing a reasonably sloped access. c. The driveway is in the transition azea with right and left turn lanes, creating significant safety concerns. qL~ Highway 7122 Discussion -December 22, 2005 Page 2 • 3. Mn/DOT has spent considerable sums ($ millions) to purchase all private accesses (and often an entire property) for several hundred feet back in each direction from the Highway 7/15/22 intersection (3 convenience stores, Quades, 8 homes, etc.) in order to create a safe and efficiently operating situation in the area, for now and into the future. They are hesitant to make such a significant investment in the future of the community in these areas while ignoring an almost identical situation on city-owned property. 4. Failure to complete the acquisition of this property by the end of December will likely create the need to further delay the project. Mn/DOT will be meeting on January 3~ to review the status of property acquisition, and the lack of adequate progress is likely to cause the Federal Highway Administration to require a delay. This delay has the significant potential to create major setbacks in the scheduling and staging of the project. I have had extensive conversations with Dave 7ohnston and Kelly Brunkhorst of Mn/DOT regarding this issue, but we have been unable to come an agreement that would allow this access to remain. They are committed to finding an equitable solution, and are proposing to work with the City to upgrade the access off of Highway 7. They also understand the need to allow some type of temporary equipment access off of Highway 7 into the plant area for certain equipmendmachinerymaintenance and repair operations. Dave and/or Kelly will be at the Council meeting to further discuss these issues. I have also met with Hutchinson Utilities General Manager Michael Kumm to review issues .and options. We will be reviewing access and use issues, and will coordinate our discussions. • ~~~ Ip~NN~Op9 ~O Z~ a r ~~ Minnesota Department of Transportation DIStr1Ct 8 -Hutchinson HATS Facility 1400 Adams Street SE Hutchinson, MN SS3S0 F'~' DEC 0 1 2005 Office Tel: 320-234-2591 877-682-8249 Fax: 320-234-6971 www.dot.state.mn.us November 30, 2005 John Rodeberg, P.E. Director of Public Works City of Hutchinson 111 Hassan Street Hutchinson, MN SS3S0 City of Hutchinson Encl. Dom. RE: SP 4302-44 TH 7 Hutchinson -Access Issue at Hutchinson Utilities Dear John: .This letter is a follow up to the conversation held on November 29, 2005 at the HATS building. We discussed the access to the Hutchinson Utilities facility located at the intersection of TH 1 S and TH 7. Mn/DOT's plan calls for the closure of the TH 1 S access leaving several access points along TH 7. -This access falls within the transition zone for the right turn lane which is not a safe place for . an access. Any vehicle attempting to fain right into this access will be slowing and potentially stopping/blocking the only through lane on TH 1 S. Closing this access is similar to the other closures on all the quadrants of this intersection. Mn/DOT believes that closing this access point is the safest option for this intersection. If you have any questions or concerns, please call me at 320-234-2591. Sin ly, c~,.._ Dave J st n, P.E. Hutchi egional Engineer cc: File C] M equal opportunity employer 9L~ DDT parsk. ca I W ~ 1~7J W U ~ Ir vu !;-,1 u p ~ trfl V t5 LS L5 4a U ~ V u ~`a,~~~~~ NNESO~TA DEPARTMENT OF TRANSPORTATION pograph 1 c 1 nformat 1 on raqu i red+ Proposed R/W I ine & ac case tak 1 nq. Lot I i nee & d 1 mans 1 ons. ow north arrow. Out I Ina & I oca+ I on of bu 1 I d i nfls & 1 mprovements. Streets or h 1 ghway frontage. . 4304(15=151)901 . P. 4302-44 COUNTY MCLEOD PARCEL N0. 80 OWNER CITY OF HUTCHINSON Scale 1" = 100 ft. __-T __ --- _____ ~ ~~ +~ T~ 6 ~ 5 ~°~-; r= ~~ BLOCK 3~Oi • i i B~O~ K ' 9 8 • ~` ~` 9~~ ~ ,, - 1 .- .~____~ - -= ---------- ~ ~ ~ ~i X 1 ~m= _ d 1~ t '____ _- f--;~- x N ~ ~ --- I i ~ I i I > i I o I i I I "~~ m ~ n Q 4% + ~~r ~ ~ 4. ------_- --- r--- - u- m_ I~ °6 '~--- ~o m 5 y ~ ~ ~~ ~ c waver ~a _iai ions Pi er a3-a5 S.P. 4302-44 RIGHT OF NAY I N TOWNS 1 TE OF HUTCH I NSON NORTH HALF PARCEL OWNER LOT BLOCK ~~ mn +•"• ~^ ^•m^ ~n ns.w ..m ri vio a i.~~ ao e I TY ~ ~cwrtN T -9 z f 3 ~$ 3 E ~~ SJP Date 08-22-05 Parcel No. 80 ~ C~") Layout sketch by :i ;i~ UNCOMPLICATED ACQUISITION APPRAISAL S.P: 4302-44 Parcel No. 401 B Owner City of Hutchinson Properly Address TH 7 in Huchuison Present Use Power Plant Highest & Best Use: Before: Commercial as improved After: Same Unit land value is supported by: land value in the appraisal of Parcel No. ;Project comparable sales book: ;Comparable sales attached hereto: x LAND TO BE ACQUIRED: 4,686 SF AcreslSF Acres/SF -, Total @$ 8.65 = $ 31,884 @$ - $ @$ _ $ 40,534 EASEMENT TO BE ACQUIRED (Temporary a Pemanent z_) 4,532 SF TE @$ 2.85 = $12.916 Total $12,916 IlVIPROVEMENTS TO BE ACQUIRED: DESCRIPTION OF IMPROVEMENTS: Total $ DAMAGES TO REMAINDER• Description of Damaged Item: • Access Control Total $ 500.00 Total Estimated Fair Market Value of Acquisition & Remainder Damage: $ 53.950 ROUNDED $ 54.000.00 Appraiser John B. Bjornson License #4001473 ` ~ .~ Date of Signature: August 8.2005 ~ ' a(te) - a v~ m . R- ~ R ,.~ _.'_' . < -~' e Hutchinson Zoning Map - ' . _ ~' L ,.: - ,. r.. _a -~- - ~. -- - i -_ _ ... m :. - i'` i ,tea --,,-, - ~ - ~.-s .~ s -- .:. ~_. a ~ e 9. a K _ ] i ~ '3 • n i y s:.-.. _ _. . 1.. . ~: _ _ ~ ..._ _ . H Y .___ ... ._ _ -.•. __ ~ __ Y fa : - _ - ° ._z _ e _ , i ' ~• --- ~ ~ ~ a -~ T • 'a a a , ~ -_ .~ - .. .ti __- a ,~ _ , ,, _ " ~ ~ ~^ ;:~ - ~ - ~' ~`. ~'_ ' ~ Subject, Entire Tract ~~ ,_ - .' _. ... -. _. _ ~ ~ ~a _._~._-_ per .:-ti- ~-- ~. . ~ ~ s ~ '"~ r~ _ _ _ ~_ ~,~~ ' . ! i .__ -- y _ i "~'~~. y a, y n ~ . n-- ~' a ~ ~ . _N i ._ a ter. • ~ K 1q _. .E '~ i • s 1 S t ~s e d ~ s _ _ • 3 . s S t a __ may. _ ddd K ~. ' i a ~ ~, .a i i i 5 - ~ l _ ~. e4~ -'' ~ s t w ' _ ~ ~ f ~ t- . } _ - "_ __. _ _ s -. - a i ~ i _ _ _ ~. ... w v r. ... f i '" t a SP 4302-44; Parce1401B City of Hutchinson Page 6 9 ~_~ 1 7 7 MnlDOT parak.cal Q° ~®~~ v~ ~~ u Q° W~I~+LS~ LS(:a~vV u ~*~~~~' ' MINNE507A DEPARTMENT OF TRANSPORTATION w Topagrapnia information raqulrad~ Rroposaa R/w lane & access taklnq. Lot Ilnee 3 dlmanalana, Show Werth arrow. Du+lini 5 loco+lon of bulldinga & Ir~npravemen+s. 5treata~ ar hlahwoy ?ran+aQe. C.S. 43d8f2Z=22)902 S.P, 4302-44 COUNTY MOLEOf} PARCEL N0. 4018 OWNER LIGHT & POWEF2 COMMISSION 5»rale 1" = 100 ft. P dRCEL OWM1ER LOT BLUCK .R ~..v, z. 401 - IGHT P411ER C8A11455#UN I TY -[SF h i :Ikk M oC TFi€ C ... ~ 3a9 ~ - 42-01-.1 FEE . C.S. 430217.119-~Y. -21. PLBT 43-46 S.F. 4902-44 4aSH LitiNT L POKER CM~FISSIOMi CF - CITY OF HVTCI NSCM I- F ~2 1S3 45 ~ h-01-I' F E Layout s)Ketc~ai7y ~ SJP Date 05-17-05 Parcel No. 40'18 J SP 4342-44; Parce1401B City of Hutc~insou P~e~ cj ~'~~ C.S. 4304 1 15-151 1 901 FLAT 43-45 S. F. 43D2-44 ?~ i~ :~ DESCRIPTION OF SUBTECT AFTER ACOUISITION• The subject is reduced in size 6,b86 SF with 4,532 SF encumbered by a temporary easement that will expire no later than 12/ 1 / 10. Highest and Best Use after acquisition is commercial It is not changed by the acquisition. Controlled access fixes the rema.ing entrance in its original location. Access potential is changed but 'the access control remains as found in the before condition. REVIEW OF JUST COMPENSATION FOR VACANT LOT: Value of the subject will be reduced by the fair market value of the acquisition: 4,686 SF fee @ $8.65 = $40,534 4,532 SF TE @ $2.85 = $12,916 Access Control $ 500 Total Damages $53,950 SIGN: Since the city owns the sign they have the right to request purchase or relocation of the sign. The issue will be resolved by direct purchase. Cost to relocate the sign is currently being prepared by Quade Elechic. It will be available at the time of purchase. Value of the sign in-place is $10,000. Approximately 50% of its estimated value new. SP 4302-44; Parce1401B City of Hutchinson Page 14 9 (~) Mn/DOT Contract No. 85553 CFMS Contract No. AMENDMENT N0.3 TO Mn/DOT CONTRACT N0.85553 Contract Start Date: January 22"d, 2004 Total Contract Amount: $ 743,459.61 Original Contract Amount: $ 668,315.61 Previous Amendment(s) Total: $ 63,144.72 Current Amendment Amount: $ 11,999.28 State Project Number (SP): 4302-44 Trunk Highway Number (TH): 22 (and7) Project Identification: Final Design Plans for Improvements on TH 22/7 in Hutchinson This amendment is by and between the State of Minnesota, through its Commissioner of Transportation ("State's and City of Hutchinson, address: Hutchinson City Center, 111 Hassan St SE., Hutchinson, MN 55350-2522 (City) and Bolton & Meek, Inc., Address: 1960 Premier Drive Mankato MN, 56001-5900 (Contractor). Recitals 1. State has a Contract with Contractor identified as Mn/DOT Contract Number 85553 ("Original Contract's to provide Final Design Plans for Improvements on TH 22/7 in Hutchinson. 2. Contractor and State have determined that: A. The State has chosen to make design changes, therefore requiring extra work. by the Contractor. `B. Additional time is needed to complete the close-out process for this. work. 3. Exhibits B3 and C3 aze attached and incorporated into this Contract. 4. State and Contractor aze willing to amend the Original Contract as stated below. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK U lvf3 9C~~ Mn/DOT Contract No. 85553 Contract Amendment ~s Amendment deleted contract terms will be stn#sl~-eut and the added contract terms will be bolded and underlined. REVISION 1. Article 1 Term of Contract: is amended as follows:. 1.2 Expiration date: ~~r 2AA5, February 1st 2006, or until all obligations have been approved, which ever occurs first. REVISION 2. Article 4 Consideration of Payment: is amended~as follows: 4.1 The Contractor will be paid on a Cost Plus Fixed Fee (profit) basis as follows: 1. Labor: $ ~AH~4.89 208,574.00 2.Overhead: $ "^~~ 327,669.75 3. Fixed Fee:. $ `~~~~ 33.624.38 4. Direct Expenses: $ ~-8~89 500.00 5. Subcontractor(s) Costs: LHB Inc. $ $~8AA:~9 94 09.40 Isthmus Engineering Inc. $ S 8,782.08 Total Contract Amount: $ "',~-4w~ 743.459.61 4.3 Allowable direct costs include project specific costs listed in £~kibit-lam Exhibit B3. Any other direct costs not listed in £~~ Ezhibit B3 must be approved, in writing, by the State's Authorized Agent prior to incurring costs. .4 See 1~~2 Ezhibit B3 for Budget Details on the Contractor and its subcontractor(s). .5 The cost of services provided under this Contract will be shared between the State and the City of Hutchinson. All work performed under this Contract will be divided, and invoiced accordingly, into work performed for the State, or work performed for the City, as indicated in L~ Ezhibit B3 -Budget. 4.6 The total obligation for all compensation and reimbursements to the Contractor for this Contract will not exceed $73~; 46A:33 743,459.61 4.7 The State's total obligation for all compensation and reimbursements to the Contractor will not exceed $6~9~'~ 677.601.65. 4.8 The City's total obligation for or all compensation and reimbursements to the Contractor will not exceed $65,857.96. REVISION 3. Article 5 Terms of Payment: is amended as follows: S.1 The Contractor will use the format set forth in €y~2 Exhibit C3 when submitting Invoices. 5.4 The Contractor will use appropriately modified versions of E,~:'.~ Exhibit C3, and Exhibit D when submitting invoice and progress reports to the City. The terms of the Original Contract and all previous Amendments are expressly reaffirmed and remain in full force and effect. The Original Contract and all previous Amendments are attached and incorporated into this Contract. xcept as amended herein, the terms and conditions of the Original Contract. and all previous amendments remain in full ~cce and effect. 2of3 n ~G Mn/DOT Contract i~To. 85553 •I'ATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat.§§ 16A.15 and 16C.05. Signed: Date: CFMS Contract No. A- CONTRACTOR Contractor certifies that the appropriate person(s) have executed the Contract on behalf of Contractor as required by applicable articles, b laws resolutions or ordinanc By: Title: ~~/~/ Date: ~~.fJ~~.~' BY Title:~t ~y ate: l ?r~//o~©.~ • STATE AGENCY By. (with delegated authority) Title: Date• COMMISSIONER OF ADMINISTRATION By: Date: CITY sy. Title: Date• CITY By: Title: Date: 3of3 ~/~ G • Exhibit B3 -Mended Budget PERSON-HOURS AND FEES FINAL DESIGN PLANS FOR HIGHWAY IMPROVEMENTS - TH 7/22 IN HUTCHINSON Agreen~ 85553 PROJECT: Final Design Plans - TH 7/22 in Hutchinson Work tasks noted with an asterisk are to be Invoiced to Ci of Hutchinson error Manager/ Quality Project Manager Project Engineer Design Engineer Senior En neerin Teclutician Engineering Technician Licensed Land Surveyor Survey Crew Clerical Totals Task No. Work Task Descri lion ' + 1.0 PROJECT MANAGEMENT/COORDINATION/MEETINGS ' Ke Staff: Jon Huseb and Ron Roetzel 80 280 I.1 Coordination with State Project Mana er on oin - 19 months 40 160 212 1.2 Coordination with State Re resentatives 10 meetin s 106 106 24 1.3 Coordination with Aesthetics Committee 3 meetin s 24 24 48 1.4 Coordination with Ci 3 meetin s 24 30 1.5 Pre are Detailed Project Schedule and U date on a onthl Basis 19 months 10 20 20 40 80 1.6 1.7 p r M nthl voic s .Pro' c Pro ssRe rt * i of Hut n Coordinate Project Pro ess/Performance with Contractor Team Meetin s i-weekl ' 20 40 80 16 80 32 40 32 16 240 96 1.8 f inson r oration of Meetin A endas and Minutes 16 me C * ° o C 0 32 0 0 16 1010 SUBTOTAL HOURS -TASK 1 100 440 382 40 3.0 AL DESIGN S 3A HIGHWAY DESIGN, PLANS AND CONSTRUCTION DOCUMENT Ke Staff: Huseb Benzko[er Chris Chrom William Dou lass Dan Sarff p 3A.1 PAN SHEET DEVELOPMENT 2 se orate ions 4 8 12 Title Sheet 4 16 20 Gen ralLa out 82 88 80 0 266 Statement of stimated uantities 16 4 16 20 Construction otes /Standard Plates g 20 24 52 i al Sections 46 40 52 140 uanti Tabulations 2 8 20 28 Miscellaneous Details 16 16 Standard Plan Sheets 16 88 (08 Detour /Traffic Control Plans and Tabulations 4 20 32 52 Ali ment Plan and Tab lotions 24 2 40 66 >n lace Too a h Utili and Ri ht of Wa 28 90 2 80 200 Removal Plans and Tabulations a~ ~.~ Page 1 of 4 a F ... • Exhibit B3 `rlended Budget Agre~t 85553 6 92 124 32 160 414 3A.1 cont. Construction Plan Sheets 20 12 32 Roadwa Profile Sheets 16 2 18 Su erelevation Sheets 24 SO 120 1 4 .Storm Sewer Plans and Profiles 8 24 32 Tem ra Erosion /Sediment Control Plans g SO 80 138 Turf Establishment and Permanent Erosion /Sediment Control Plans 30 58 Tn lace Drains a Tabulation g 8 20 30 40 7 o red Drains a Tabulation 22 50 40 11 Permanent Stri in Plan 22 SO 60 132 Permanent Si in Plan 10 16 26 National Wetland invento Ma 10 82 4 8 104 roes Section Sheets 8 8 16 3A.2 oordination with State Foundation's Unit 8 16 8 3 A.3 Coordinadon with State Brid Office g 16 8 32 3A.4 Coor inadon with State Traffic Unit 16 8 32 .5 Coordination with State Li tin Unit g 12 24 24 60 .6 Coordination with State D-8 Ri t of Wa Secdon 16 16 40 7 Coordination with State Landsca in Unit limin snd final g 0 8 ASS MBLE CONSTRUCTION LANS FOR SUBMITTAL 3A 58 . 4 8 16 30 30°/. Submittal 4 8 16 10 3 60°/ Submi tal 4 10 16 10 4 90% Submittal 4 8 16 40 8 S% Submittal 4 8 ~ 68 100%Submittal ~ 100 80 240 A.9 Pr are S cial Provisi ns 2 ets 4 22 60 170 2 258 3 .10 are n 'neer's Estimate of Construction Cost 4 times for each Ian set 8 8 40 3A.11 Pr re and Submit Permits 24 24 28 3A.12 Electronic files to State and Ci * 25% Ci of Hutchinson 4 8 3A.13 Attendance at Pre-Construcdon Meetin 4 4 0 0 3B CONSTRUCTION STAGING Ke Start: H seb Chrom and Benzlwter 16 20 8 46 .1 Co tract on Sta 'n Worksho 2 meedn ' 2 8 20 60 160 248 n fans B. Develo ons cdon Sta 8 20 28 3B.3 Pre are Construction Sta 'n S ial Provisoes 0 of Hutchinson) Cl k C * 0 ry s are (all 3C tas 3 MUNICIPAL UTILITIES Ke Staffs Sant Ben kof r and Glen Coudro 0 C.1 Muni i al Utili Desi 'ck- ffMeetin tioq included in Task 1.4 C.2 Coordi at n with Ci of utc ipso inc ed i T k 1.4 40 8 97 3 .3 unici al 'liter si M orandum 30% Ian 1 8 40 0 C.4 LAN S E DEVELOP ' ' 12 6 32 es S tome t of timed user 8 16 ns don Notes /Slander Plates 8 16 24 40 nt Tabulation 8 8 16 iscellaneous Details 48 16 32 Removal Plans and Tab 1 lions 40 80 240 360 Ci i Sewer d Wa sin Plans an Profil 3C.S SS LE MUNICIPAL 1]TB.ITIES SHEETS FOR INTERMEDIATE REVIEWS 13 teen ' to Subm # 1 4 8 g 13 intermediate SuhmitffiI #2 1 4 ~rr ~ l~ r Page Z of 4 Exhibit B3 ~nended Budget Agree~t 85553 3C.6 3C.7 C 8 U to Munici al Utilites Desi Memorandum 90°/. Ian Pr are S ecial Provisions Pr are En 'veer's Estimate of Construction Cost 1 4 8 4 16 40 16 8 8 : 24 36 72 21 C.9 3C.10 Pr are and Submit Permits included in Task 3A.11 Desi for Munici al Share of Munici al Streets 10 20 40 70 OVAL G 0 3D BUH.DIN REM 3D.1 3D.2 .3 3D.4 Ke Staff: Del Jackman Benzkofer Linda Kimble Site Visit /Measurements /Photos Coordination of Hazardous In ctions Develo Buildin Removal Plans and Tabulations ~ are Buildin Removal S ial Provisions 4 4 16 8 4 8 4 0 20 4 36 8 72 I6 0 LS WA 0 3E RETAINING L 3E.1 Ke StatL• Benzkofer Joe Litman HB Inc. Coordination for Retainin Wal Plans see LIID wst ro al 8 16 24 SUBTOTAL HOURS -TASK 3 30 222 l l64 1236 116 1748 0 20 132 4688 4.0 HYDRAULICS DESIGN 4 l 4 2 4 3 4 4 4, 4 4 7 4. 4.9 Ke Staff: Benzkofer Doe lase Duane Hansel Jce Hawbaker Todd Javena Evaluat'on of Potential Water uali /Ctetention Pondin Sites H of 'c An 's of ec d Wa rshe S o Water Plannin and Ci /State C rd'nation Mee ' included in Task 1.0 Prel'm'na Storm Water Pond/Water i Basin Desi eli ina Catch. Basin ut an Co ce Pi Sizin Final St Water Pond/Water li B i Des' final C tc Basin ut Co cc Pi izin em r Ero ion Control P commendati ns S om- Water Pollution Prevention Plan 4 4 3 3 8 6 2 2 4 4 3 3 4 6 2 2 4 90 30 130 213 1 9 270 4 4 8 12 36 60 40 2 20 98 3 48 253 191 322 8 10 SUBTOTAL HOURS -TASK 4 0 32 28 864 0 136 0 0 2 1082 5.0 DRAINAGE AND MISCELLANEOUS SURVEY Sta[f: ter Blethen J nele Fowlds Dan Petti Brad Krause Jett Hoffmann Utilities nd Site T h 80 16 120 16 3.2 Draina Serve SO 4 60 114 SUBTOTAL HOURS -TASK 5 0 0 0 0 0 130 20 180 0 330 6.0 PUBLIC INFORMATION Ke Staff: Huae Benzkot r 6.1 n House * 10°/. Ci of Hutchinson 20 40 24 32 4 120 6.2 Website Information * IO•/. Ci of Hutchinson 4 20 42 44 24 4 138 SUBTOTAL HOURS -TASK 6 4 40 82 68 56 0 0 0 8 238 Work teaks noted with an asterisk are to be invoiced to Cfty of Hutchinson y~ l` Page 3 of 4 Exhibit B3 ended Budget PERSON-HOURS AND FEES -SUMMARY TOTALS FINAL DESIGN PLANS FOR HIGHWAY IMPROVEMENTS - TH 7/22 IN HUTCHINSON Agree>~ 85553 PERSON HOURS PROJECT: Final Design Plans - TH 7/22 in Hutchinson Senior Manager/ Project Project Design Senior Engmeenng Bngineering i i T h Licensed Land Survey Crew Clerical Total Hours Total Cost Task No. 1 Work Task Descri lion PROIECT MANAG ENT/COORDINATION/MEETINGS Quality Control 100 Manager 440 Engineer 382 Engineer 40 Technician 0 c an ec n 32 96 Surveyor 0 0 0 0 16 0 1010 138 535,070.00 S3 320.00 2 TILITY COORDINATION 0 6 10 6 0 6 1748 0 20 132 4688 5123 644.00 3 FINAL DESIGN 30 222 1164 1256 11 156 0 0 2 1082 527,202.00 4 HYDRAULICS DES N 0 32 28 864 0 0 I30 20 180 0 330 Sl 1 740.00 5 DRAINAGE AND MISCELLANEOUS SURVEY 0 0 0 0 0 0 0 B 258 S7 598.00 6 PUBLIC INFORMATION 4 40 62 68 56 TOTAL HOURS VERAGE HOU Y RATE TOTAL LABOR COST 134 538.00 SS 092.00 740 538.00 S26 120.00 1666 33.00 S54 978.00 2254 525.00 S56 350.00 l72 525.00- S4 300.00 2162 522.00 S47 564.00 20 530.00 5600.00 200 546.00 S9 200.00 158 515.00 S2 370.00 7506 157.10% 5208 574.00 5327 669.75 OVERHEAD 10•/. S53 624.38 FIXED FEE 5569 868.13 SUBTOTAL 5500.00 E PEN aadmated maiUo rlndn etc S94 309.40 RETAININ WAL DESIGN AN PLANS HB Inc . S58 782.06 HIGH LEVEL CADD and GEOPAK WORK at6mua En neerla 5743 459.61 TOTAL FEE ~J (~ ~~ 4of4 Ivln/DOT Agreement No. 85553 CFMS Contract No. Exhibit C3 -Amended Invoice To: Consultant Services Minnesota Department of Transportation Transportation Building, Mail Stop 680 395 John Ireland Boulevard St. Paul, Minnesota 55155 To: City of Hutchinson -City Engineer Hutchinson City Center 11.1 Hassan St SE Hutchinson, MN 55350-2522 Copy: Paul Jurek Project Manager • • Estimated Completion: (from Column 6 Progress Report) Period Ending: Invoice Date: INVOICE NO. Re: Mn/DOT Agreement No.: 85553 Project Description: Final Design Plans - TH22/7 at Hutchinson State Project Number: 4302 - 44 Trunk Highway: 22/7 ('nntrart Fvnir~4inn ll~tP• Fol~ni~rc~ 1 et 7(1t1Fi - Total Total Amount Billed Contract Billing Previously This Amount to Date Billed Invoice 1. Direct Salary Costs: $208,574.00 (See Fxhtbit B fa breakdown) 2.Overhead Costs: Irate= ls7.to°io $327,669.75 (Direct Salaries' Overhead Rate) 3. Fixed Fee (Profit):. - $53,624.38 (Fixed Fee = S • percent complete) 4.Other Direct Costs: $153,591.48 (Attach support documentation for sub-contractors and / or direct. expenses) Net Earnings Totals:. $743,459.61 (Blatt total maximum = 5677,601.65 City total maximum = 565,857.96) Total Amount Due This Invoice: For State Use Only 1 certtty that the above statement is correct ana payment has not been received. Signature: Print Name: Title: Billing Address: Bolton & Menk, Inc. 1960 Premier Drive Mankato, MN 56001-5900 Telephone: (507) 625 - 4171 Approved for Payment: Agreement Administrator Date 1 of I Rev. 8/02 ~~~~ C ~~ ~ ~ ; TO: Mayor & City Council FROM: Kent Exner, City Engineer 12E: Local Traffic Flow & Safety Objective DATE: December 14; 2005 Local Traffic Flow & Safety Objective team members have recently compiled the sliding-scale question results of the Questionnaire that was administered this fall. The following response totals and averages have been calculated from 778 submitted Questionnaires: • What area of the City do you live or where is your business located? o SW - 320 o NW -167 o SE -151 o NE-118 o Downtown - 22 o Total -.778 • In general, how would you rate the traffic flow in the City of Hutchinson? (1 =Needs Improvement to S = Excellent) 0 2.31-moderately towards Needs Improvement • In general,. how would you rate traffic safety in the City of Hutchinson? (1 =Needs Improvement to S Excellent) 0 2.77 -slightly towards Needs Improvement • How would you characterize the traffic flow and safety near the schools? ~(1 =Needs Improvement to S = Excellent) 0 3.10 -slightly towards Excellent • .How much effort should the City put into bicycle and pedestrian safety and access? (1 =Less Effort to S = More Effort) o 3.32 -moderately towards More Effort • Do you feel safe using crosswalks in the City? (1 =Disagree to S =Agree) 0 2.89 -slightly towards Disagree • Would you like to see additional crosswalk enforcement to address this situation? (1 =Disagree to S = Agree) 0 3.80 -moderately towards Agree In the upcoming weeks we will be completing the generalization and tabulation of the comments/input provided on the Questionnaires. During our early analysis, areas such as Downtown traffic flow, TH 15 & North High Drive, and TH 15 & 5'~ Avenue SE have been identified numerous times. We will continue to compile this information and ultimately prepare a map that reflects the Questionnaire feedback and other input. ~~ CITY OF HUTCHINSON RESOLUTION NO. 12864 RESOLUTION ADOPTING THE CAPITAL PROJECTS FUND BUDGET FOR FISCAL YEAR 2006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: - THAT the annual Capital Projects fund budget of the City of Hutchinson for the fiscal year 2006 which has been submitted by the City Administrator and approved by the City Council is hereby Adopted: the total of said budgets and major division thereof being as follows: REVENUES AVAILABLE CURRENT REVENUE Transfers In $375,000 Interest 6,000 TOTAL AVAILABLE $381,000 REQUIREMENTS APPROPRIATIONS Capital Outlays Debt Service $30,000 Building $128,000. Improvement Other than Bldg. $20,000 Machinery 8~ Equipment $208,150 Total Appropriations $386,150 ~dopted by the City Council this 27th day of December 2005 Steve W. Cook Mayor ATTESTED: Gary D. Plotz City Administrator • 9 c~) CITY OF HUTCHINSON RESOLUTION NO. 12865 ADOPTING 2006 STORM WATER UTILITY BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT the annual Storm Water Utility Budget for the City of Hutchinson for the fiscal year 2006, which has been submitted by the City Administrator and approved by the City Council is hereby adopted. The total of said budget and major division thereof being as follows: REVENUES AVAILABLE CURRENT REVENUE Storm Water Revenues Interest Earning Other Revenues TOTAL AVAILABLE REQUIREMENT EXPENDITURES Personal Services Supplies Consulting Other Services & charges Misc. Depreciation Capital Outlay TOTAL EXPENDITURES Adopted by the City Council this 27th day of December 2005 442,000 3, 500 1,500 $442,000 141,834 12,925 20, 000 61,375 50 3,000 300,000 $539,184 Steve W. Cook Mayor ATTESTED: Gary D. Plotz City Administrator q~-~~ Dec 14 2005 1O:09AM CITY OF HUTCHIhSON 3202344240 • ~.f r~ C~~ ~ s 1 ~. 1 Hassan Street Southeast Hutchinson, 5530 (320)58?-?151rFax: (3201 2~a-4244 City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCI3ANTS p7'rr.~;i~~r~. I`Y:i~et".;hc_x~~ ui,3~.~ ~:., ~~ ~~-- . ^ Solicitor $100.00 Date of Application ~ ~~ ~~-5 _ ^ Transient Merchant $100.00 ,;1 ^ Peddler $100.00 Date(s) of Sale _ ~ _ ~ 0 . n1~ _ ^Parade Peddler $25.00 _ Name: ~ ~ ~x 1 (~1n~ l.~ ~ (~'Yl ~1 ~~ Height: S ~ ~ ~ Weight: ~ /S _ Eye Color: ~. Driver's License Number / State: ~~ Permanent Ad/d^ress: ~ 2~ ~% WST (~ l~)C1~./' - ~~ Zip Permanent Telephone: Temporary Address: ~ ~ ~f ~ty s[a e Zrp ~ Temporary Telephone Access: ime, misdemeanor, or violation of any municipal ordinance, other than traffic violations? ^ yes ^-rrts If yes, state the nature of offense and punishment or penalty assessed therefore: • p t.. ~:j~~J Dec 14 2005 lU:0yRM CIT'r' OF HUTCH1f~IS~JN 3c02:344240 F-;{ ' Citygl~Hutchnsor ~pplicarion fog Per~.~lers, Solicitors, and T'rmasiettt Merchants Pege ~ of d ~_ .. Location Name ~ ~ ~ i ~ ~~ ~ ~o ~~ SS.~s 0 ~ Locati Address ~ _ City State Zi • • ?F3ess~rlnfot!;i~.i:i~n _ Describe relationship beriveen applicant and employer: ~Q ~ ~ Describe natuz`ewf business and describe itennm(s) offered: rr ~ ~ ~ v Describe met~od of delivery: Describe source of supply: ~nr Y-I Ll t / C - Supplier Nome Suppler Plwne Number Szpplier Address City Store Zip Supplier Name Suppler Phone Number i SupplierAddress Ciry State 7_ip ~~ Supplier Name Suppler Phone IJumber I SunplierAddress• City Stare lip ,. .. 4~;etcr~:nce ln~rniatiic~t;2 I' ~. - ~ _- Provide two (Z) property owners (preferably in McLeod County) for character references: i /, r ' Property O-wryer Name -I t Prepe'rty Owner Phone r~ bey ~-b __~-Jg~ ,w }~ Q! ~(~ ~; ,a t (Cr.~ .P r~l fl f>~--- `J ~-- ~ ~ ~ d. Pr•operryOwfierAc:dress tarry Stc:e i ~ ` roperty Goner arre rop~t'!y Gtit~f Pharre Number Prot>zrtti~ Goner Address City Srate _-_..- i __~_.- ..~- ,' ~ ~ ~s~ I~ec 14 2005 10.09RM CITY Or HUTCHINSUN 3202~t424U p.° s City of Hzilchfnsort c Application for Peddlers-. SoLlcitors, cmd Transrenl A1erclrants Page ? of d --- „~ -~- r,.. .._.._.._ ..__. _, . _ .__ ~_. _._ _ List last (up to three (3)) previous city(ies) where you carried on sasue activity: ~ City ` tale rJate(s) of Activity City ~ State ` Date(s) ofAetivity ~~ _~ ~ tr ~ / y ~ ~~ to II City Statc D a[e s) of A cti v ity _ - - - ` 1~ : ~,t The following items need to be completed and/or attached in order for the application to be processed: App]ication/Investigation fee paid in full (check or money order): ^ yes ^ no Application completed in lull and signed: ^ yes ^ no I hereby certify ]have completely titled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No_ 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding X1,000.00 or by imprisonment for a period not~exceeding 90 days or both, plus, in either case, the cols of prosecution, Applicant's Sio azure Dute Y•,I,~ _, ,,.. C. Po]ice ^ approved ^ denied Notes: City Council ^ approved '~ denied Notes: ti ~/L;cenxev ApphcaCronslPeddler, Selici[or,Transic; rt.do:. I ~~- ~~'~ Dec 14 2005 10: 0`3FlM CITY OF HUTCHiNCCN 3~02C44~40 _-__ _ . • p - ~' ~~~~~ 1, C~ ~ - 1 l 1 Hassan Street Southeast tIutchinson, MN 55350 X320) 587-51511Fax: (320) 234-.4240 City of Hutchinson APPLICATION FOK PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS ~d~usix~f_' ..r ~ ~~ - ~~, ^ Solicitor $100.00 Date of Application ~ ~. ~o ~~S _ ^ Transient Merchant $100.00 p Peddler $100.00 Date(s) of Sale ~ - ~ ~ ~~~ OParade Peddler $25.00 C Name: ~_~- ~ t'},, 1 (~ '~.Q ~ ~ ~'Yl ~l~lf I / Height: S ~ r t Weight: ~_ Eye Color: L. ~( Driver's License Number State: ~~~ r ~f-; Permanent Address: ~ 3 2~ ~ % YS-T ern, rate Zry Permanent Telephone: ~ C 3 ~~~~ ~ ~ ~ ~-' Temporary Address: ~ ~ ~ ~f ity sta ~ Zip Temporary Telephone Access: . ime, misdemeanor, or violation of any municipal ordinance. other than traffic violations?Dyes (]-IIZ5 If yes, state the nature of offense and punishment or penalty assessed therefore- • 1 ~~~~ Dec 14 2005 10: 09F1M C I i Y OF HU I CH 1hSU!•1 :~2U234=}24U p _ ~, City 21 h`u:cr.:risur ,3pplicaror 'ems Yeldters, Solfedrors, and 7Yan.rient b4erchants Pege ~ of - - - _~, ~ - - i • t~ -p C `i` w ~.5 ~-`.P v~ r~1 Location t~'crme ~ ~ ~ __ ~ ~( SS.35 l7 ~ ~ n ~ o _ _ " Locati Address ~ I Ciry State Zi _- 'Bes~ lnic~daa~iti~t ~`•~ _-~_,_ _~.~ _ - -y-°--= Describe relationship bettiveen appiicznt and employer: 1 sr " t L- . e r ed: scribe naturie~of business and describe item(s) off D e ,~ / ~ ~ _J-~ ~ ~ QS / ~ ~~ 01 .p ~(~ ~ ~ ./•" ~ ~, !, 4 -O ~ ~~P X _ ~ v Describe rnet}~od of delivery: ~[ 1 ~ ~ ~ ~ ~ ~ ~ 1- __ _ 4 - _ Describe source of supply: ~nr 1r-1 n 1 f ~ Supplier Name Suppler Phone Nttrnber Supplier Address City State Zip Supplier Name St<ppler Plrone Number SupptierAddress Ciry State lip Supptier Name Suppler Phone Rh~mber City State -__ Zi J F~:xtcF~nc,~~liitt~rna~tt~i4 , - - II Provide two (2) property owners (preferably in McLeod County) for character references: J Property C~wrter Name Propert~~ Owner Yhore~~ ber i Property O~vrrer Address City Stcte i r/ S r ~ ° ^~op~rty Owner arne ruperry O~nf Pharre Nivnber Property /J+vnerAddress City State Z ~,~~~~~ ~~~ry ojHzrtchinson Application nor Pedalers. Sollulors, crud Transient ~1~e~clranu -` Yage ?ofd .. ._ 7g~ List last (up to three(3)) previous city(ies) where you carried on sarue activity: ~% ~1~ ~ 1 - - o to ~ ~city~ ~ cace ~ p~~,~ Dace(s) oract~vrcy -~ / .Ltd ~~ ~1L ' ~i ~ to Cary t State %_ /~D~a[e(s) ofAetivity City State Date(s) of Activity ~. 2G 1~ i - _ . ,. ~: .., ~ .• --.-..tom ., _.. ' ~ _-. :LY. '. _ ~:. _ _ __ "The following items need to be completed and/or attached in order for the application to be processed: Application~Investigation fee paid in full (check or money order): ^ yes ^ no ii _ Application completed in full and signed: ^ yes ^ no I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine no*, exceedinc $1,400.00 or by imprisonment for a period net-exceeding 90 days or both, plus, in either case, the costs of prosecution. flpplirant's Sia ature Dute -- ~fntcrn37_CTte t~nl .. _ -~~ ~ ti ~ __.~ _ _ _ Po]ice ^ approved ^ denied Notes: City Council ^ approved ^ denied Notes: H /1Liienaes~Applications~Yeddler, Solicrtu;, Tiansiesrtdo:, • I C~(~