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cp12-14-1999 cti 0 December SUNDAY MONDAY TUESDAY 1999 -12- -13- -14- 7:00 a.m. — Leadership Team HUTCHINSON Meeting in City Center Main Con£ Room CITY CALENDAR 9:00 a.m. — Management Team Meeting in Main Conf. Room 5:30 p.m. — Light Traffic Advisory WEEK OF Board Meeting in Main Conf. 4:00 p.m. — Budget Workshop in • Room Main Conference Room December 12 -18 5:30 p.m. —City Council Meeting in Council Chambers WEDNESDAY THURSDAY FRIDAY SATURDAY -15- -16- -17- -18- CONFERENCE /SEMINAR/ 10:00 a.m. — Employee Safety 7:00 a.m. — EDA Board Meeting TRAININGNACATION Committee at City Center in Main Conference Room 2:00 p.m. — HATS Joint Powers 13 -17 Marilyn J. Swanson (ML) Board at HATS Facility 6:30 p.m. — Hutchinson Community Needs Task C - Conference Force Meeting in City M = Meeting Center Council Chambers s = seminar T =Training V = Vacation • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 14, 1999 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION — Rev. Brian Brosz, Congregational UCC Church 3. MINUTES — Regular Meeting of November 23, 1999 and Bid Opening of November 30, 1999 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT FOR NOVEMBER 1999 2. LIBRARY BOARD MINUTES OF NOVEMBER 22, 1999 PARKS, RECREATION AND COMMUNITY EDUCATION ADVISORY BOARD MEETING OF NOVEMBER 11, 1999 (b) RESOLUTIONS AND ORDINANCES RESOLUTION NO. 11370 — RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES • 2. RESOLUTION NO. 11371 — ENTERING INTO A GRANT CONTRACT WITH THE STATE OF MINNESOTA TO FUND A LIGHT TRAFFIC STUDY CONDUCTED IN 1995 AND 1996 3. RESOLUTION NO. 11372 — TRANSFERRING $347,091 FROM 1999 IMPROVEMENT CONSTRUCTION FUND TO GENERAL FUND FOR ENGINEERING AND ADMINISTRATION FEES (c) TRANSIENT MERCHANT LICENSE FOR TAP ENTERPRISES (d) OUT -OF -STATE TRAVEL BY DIRECTOR OF ENGINEERING/PUBLIC WORKS Action — Motion to approve consent agenda 5. P UBLIC HEARING - N• 6. COMMUNICATIONS. REQUESTS AND PETITIONS - NO 7. UNFINISHED BUSINESS - NONE ►1 (a) CONSIDERATION OF LEASE AGREEMENT WITH AUGUSTANA HOMES FOR MID- MINNESOTA SENIOR DINING PROGRAM 0 Action — Motion to reject — Motion to approve agreement CITY COUNCIL AGENDA — DECEMBER 14, 1999 • (b) CONSIDERATION OF OPTION AGREEMENT WITH ECONOMIC DEVELOPMENT AUTHORITY Action — Motion to reject — Motion to approve agreement (c) CONSIDERATION OF AWARDING CAR IMPOUNDING CONTRACT Action — Motion to reject — Motion to approve (d) CONSIDERATION OF PERPETUAL CARE FUNDING FOR ACTIVITIES AT OAKLAND CEMETERY Action — Motion to reject — Motion to approve (e) CONSIDERATION OF AGREEMENT FOR PROFESSIONAL SERVICES BY SHORT, ELLIOTT, HENDRICKSON INC. (SEH) Action — Motion to reject — Motion to approve (fl CONSIDERATION OF PRELIMINARY PLAT AND CONDITIONAL USE PERMIT TO CONSTRUCT A WALGREENS STORE LOCATED AT STATE HIGHWAY 7 & 15 Action — Motion to reject — Motion to approve and adopt Resolution No. 11368 (g) CONSIDERATION OF SEVERANCE PACKAGE FOR TRANSIT EMPLOYEES Action — Motion to reject — Motion to approve proposal (h) CONSIDERATION OF ADOPTING 2000 TAX LEVY Action — Motion to reject — Motion to approve and adopt Resolution No. 11373 (i) CONSIDERATION OF ADOPTING GENERAL FUND BUDGET FOR FISCAL YEAR 2000 Action — Motion to reject — Motion to approve and adopt Resolution No. 11374 0) CONSIDERATION OF Y2K INSURANCE COVERAGE Action — Motion to reject — Motion to approve 2 . CITY COUNCIL AGENDA — DECEMBER 14, 1999 (k) CONSIDERATION OF AIRPORT HANGAR RENT CREDIT Action — Motion to reject — Motion to approve (1) CONSIDERATION OF PURCHASE OF FRONT -END LOADER FOR WASTEWATER FACILITY FROM COOPERATIVE PURCHASING VENTURE Action — Motion to reject — Motion to approve (m) DISCUSSION OF SOUTHEAST TRUNK SANITARY SEWER IMPROVEMENT Action - (n) CONSIDERATION OF ADDING MUNICIPAL STATE AID ROUTES Action — Motion to reject — Motion to approve and adopt Resolution No. 11369 9. MISCELLANEOUS • (a) COMMUNICATIONS 10. CLAIMS, PPROP LATION ONT ACT PAYMENTS (a) VERIFIED CLAIMS Action — Motion to approve and authorize payment from appropriate funds 11. ADJOURNMENT 3 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 23, 1949 1. Mayor Torgerson called the meeting to order at 5:30 p.m. Present: Mayor Marlin Torgerson, Council Members John Mlinar, Kay Peterson and Don Erickson. Council Member Jeff Haag arrived late. Also present: City Administrator Gary D. Plotz, Acting City Engineer Richard "Rick" B. Kjonaas and City Attorney Marc A. Sebora. 2. Reverend Jim Hall gave the invocation. 3. RTES The minutes of the regular meeting of November 9, 1999 and bid opening of November 15, 1999 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES OF OCTOBER 5, 1999, OCTOBER 19, 1999 AND OCTOBER 25, 1999 2. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF OCTOBER 7, 1999 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES OF OCTOBER 19, 1999 4. FINANCIAL REPORT AND CERTIFICATES INVESTMENT REPORT FOR OCTOBER 1999 (b) RESOLUTIONS AND ORDINANCES RESOLUTION NO. 11359 — TRANSFERRING $197,500 FROM WATER, SEWER AND REFUSE FUND TO 1994 IMPROVEMENT BONDS, 1995 IMPROVEMENT BONDS AND GENERAL FUND 2. RESOLUTION NO. 11360 — TRANSFERRING 5225,000 FROM LIQUOR FUND TO GENERAL FUND 3. RESOLUTION NO. 11361 — TRANSFERRING FUNDS FROM THE GENERAL FUND, ECONOMIC LOAN, ENERGY LOAN, 1980, 1990 AND 1992 TAX INCREMENT DEBT SERVICE FOR 1998, TO HUTCHINSON COMMUNITY DEVELOPMENT (EDA) FUNDS 4. RESOLUTION NO. 11362 —RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 5. RESOLUTION NO. 11363 — RESOLUTION ADOPTING REVISED ASSESSMENT, ASSESSMENT ROLL NO. 5029, LETTING NO. 4/PROJECT NOS. 99 -03 & 99 -04 CITY COUNCIL MINUTES – NOVEMBER 23, 1999 0 (c) SHORT -TERM GAMBLING DEVICES LICENSE FOR VFW AUXILIARY AT VFW CLUB ROOMS ON DECEMBER 18, 1999 (d) PLANNING COMMISSION ITEMS 1. LOT SPLIT AND VARIANCE REQUESTED BY VICTOR AND LUCILLE ARLT LOCATED AT 612 SECOND AVENUE SW IN R -2 DISTRICT WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11364) PRELIMINARY PLAT REQUESTED BY WAL -MART STORES, INC. LOCATED ON HWY. 15 S WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMIvv1EENDATIONS (ADOPT RESOLUTION NO. 11365) 3. CONDITIONAL USE PERMIT TO ALLOW STORAGE OF MATERIALS BY CITY OF HUTCHINSON IN I/C DISTRICT ALONG HWY. 22 SOUTH (ADOPT RESOLUTION NO. 11366) 4. EXTENSION OF CONDITIONAL USE PERMIT FOR CEDAR CREST REQUESTED BY ROSALIND EWALD (ADOPT RESOLUTION NO. 11367) 0 Motion by Erickson, second by Peterson, to approve the consent agenda, except for 4 -(d) -2 to be pulled for discussion. Motion unanimously carried. Item 4- (d) -2— Director Julie Wischnack presented Wal -Mart's site plan and commented on their proposed preliminary plat. She stated the vacation of right -of- way for Baltimore Avenue SW and Boston Street would not be acted upon until the final application was received. It was noted that the electrical lines had been removed at Wal -Mart's cost. Wischnack reported that the Planning Commission recommended approval of the preliminary plat with 10 conditions. The Acting City Engineer, Richard B. Kjonaas, commented on the need for a connection from Denver Avenue SW to the airport road. He stated the costs would be $250,000 for engineering services and $250,000 for 60" pipe and fill. Perhaps some other project would provide the dirt. Mr. Greg Frank, a representative of Wal -Mart, reported he had reviewed the alignment studies. He also commented on the proposed pond and the cost of roadway for Denver Street, including extending the street to their property line on the west. Pastor Jim Hall stated that Word of Life Church had owned the property since 1990, and the church had paid the taxes and assessments from the purchase date. He did not think it was unfair to assess the Fair Association since they would be getting blacktop access into the fair grounds, and it is used several times during the year. Realtor Darcy Winter reported there was a timeframe in which the City Council 0 2 0 CITY COUNCIL MINUTES — NOVEMBER 23, 1999 needed to act on this matter. If the closing did not occur on December 15, 1999, the sale would be null and void. Motion by Haag, second by Mlinar, to approve the preliminary plat with staff recommendations, and Wal -Mart is to bear all cost for the road under discussion. Motion unanimously carried. ' ) 1 .3 a Los 1 1 W41 0 I C 010 (a) PRESENTATION ON JOINT CITY AND COUNTY TRANSIT SYSTEM BY GARY LUDWIG AND BRENDA EWING City Coordinator Brenda Ewing introduced Gary Ludwig, Interim Director of Trailblazer Transit. She updated the City Council on the process and steps involved in merging four transit systems into one. In October the advertisements were run for the positions of driver and dispatcher. The committee will complete the applications this week and make a recommendation on hiring staff. Also, they will be hiring an Operations Manager. Ewing stated the agreement for the new joint transit system would become effective January 1, 2000. Motion by Mlinar, second by Haag, to approve the transit agreement and enter into a Transit Issues Formal Letter of Understanding. Motion unanimously carried. (b) PRESENTATION BY EXECUTIVE DIRECTOR JEAN WARD ON SMALL CITIES DEVELOPMENT PROGRAM PROCEDURAL GUIDELINES FOR SINGLE FAMILY EQIUITY GAP ASSISTANCE PROGRAM AND IMPLEMENTATION OF HUTCHINSON HOME PURCHASE OPPORTUNITY PROGRAM Jean Ward, Executive Director of HRA, explained the need for affordable housing in the City of Hutchinson and talked about the Small Cities Development Program which began two years ago. In addition, she presented the Hutchinson Home Purchase Opportunity Program (HHPOP). Motion by Mlinar, second by Haag, to approve and adopt Resolution No. 11357. Motion unanimously carried. (c) UPDATE REPORT BY STEVE COOK ON COMMUNITY NEEDS TASK FORCE Chair Steve Cook reported the Task Force had been reviewing the community survey results, and their recommendations would be based on the community needs shown in the survey. The Task Force will give a presentation to the City Council at the January 11, 2000 meeting. 7. UNFINISHED BUSINESS - NONE 8. NEW BUSINESS (a) CONSIDERATION OF AUTHORIZATION TO MAKE AN OFFER TO DAKOTA CITY COUNCIL MINUTES — NOVEMBER 23, 1999 RAIL FOR PURCHASE OF GRAIN ELEVATOR PROPERTY AND BUSINESS LEASING PROPERTY Director Julie Wischnack requested direction from the Council whether to proceed with the purchase of the grain elevator and the land owned by Dakota Rail. It was estimated that the pre -flood fair market value for the property was $89,000. Motion by Erickson, second by Peterson, to approve and proceed with both purchases. Motion unanimously carried. (b) CONSIDERATION OF AWARDING BID FOR A USED TANDEM AXLE TRUCK, CAB, AND CHASSIS TO HAUL ORGANIC WASTE CONTAINERS Plotz reported that the recommended truck and hook lift system bids met the needs and requested approval. Motion by Haag, second by Mlinar, to approve and award the truck bid to Mankato Mack Sales for $45,000, with part of the cost to be bome by the wastewater sludge drying project and part by the composting project. Motion unanim ously carried. (c) CONSIDERATION OF AWARDING BID FOR 50,000 POUND HOOK LIFT SYSTEM TO LOAD AND HAUL ORGANIC WASTE CONTAINERS It was recommended to award the bid for a hook lift system to J -Craft in the amount of $20,587.67. Motion by Peterson, second by Erickson, to approve and award to J -Craft. Motion unanimously carried. (d) CONSIDERATION OF CAPITAL EXPENDITURE REQUEST BY HUTCHINSON AREA HEALTH CARE FOR FIVE NEW BEDS FOR MIDISURG AND CRITICAL CARE UNIT Motion by Erickson, second by Peterson, to approve the purchase of five new beds through the hospital's group purchasing organization, VHA, in the amount of $33,795. Motion unanimously carried. (e) CONSIDERATION OF CONTRACT WITH SHORT ELLIOTT HENDRICKSON INC. FOR FEASIBILITY REPORT AND EAW FOR SE TRUNK SANITARY SEWER AND STORM SEWER ON JEFFERSON STREET SE TO BACK SIDE OF TARGET 0 • CITY COUNCIL MINUTES — NOVEMBER 23, 1999 Kjonaas presented three letters and documents from SEH/RCM that pertained to the design survey for the southeast trunk sanitary sewer and storm sewer project. The estimated cost was $24,194.00, not to exceed the contract. It was anticipated that the actual cost would come in under the estimated price. Motion by Mlinar, second by Peterson, to approve all three documents with RCM/SEH. Motion unanimously carried. (f) CONSIDERATION OF SETTING WORKSHOP DATE FOR CENTRAL GARAGE FUND, WATER /SEWER/ REFUSE FUND AND LIQUOR FUND Motion by Mlinar, second by Haag, to approve a budget workshop at 4:00 p.m. on December 14, 1999. Motion unanim ously carried. (g) CONSIDERATION OF ACCEPTING CONSULTANT PROPOSAL FROM GRINSTEAD & ASSOCIATES FOR LIQUOR HUTCH EXPANSION AND OPERATIONAL REVIEW Plbtz reported that three proposals were received for the Liquor Hutch expansion and • operational review. He stated it was the unanimous decision of the committee reviewing the proposals to recommend Grinstead & Associates as the consultant since this company had done the proposal and consultation for the new Liquor Hutch store. After negotiation, Grinstead agreed to use a billing rate of $45.00 per hour rather than the proposed $60.00, reducing the cost from $16,980.00 to $12,735.00 plus expenses for travel, office expense and interviewers. Motion by Haag, second by Peterson, to approve the negotiated proposal cost from Grinstead & Associates. Motion unanimously carried. (a) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Mlinar reported that Hwy. 7 was scheduled to officially open for traffic at 3:00 p.m. on November 24. He recommended issuing a Resolution to MN/DOT for completion of the highway project. Motion by Mlinar, second by Peterson, to send a Resolution to MN/DOT. Motion unanimously carried. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR CITY COUNCIL MINUTES — NOVEMBER 23, 1999 Plotz commented on two handouts distributed at the meeting. He expressed concern regarding the sale of AW Disposal to Waste Management. Two meetings have been held with Waste Management officials, and they have agreed to acknowledge the City's current contract with AW Disposal. He noted that the Solid Waste Advisory Committee would need to meet in March to begin working on specifications so that the City can go out for bids this fall. (c) COMMUNICATIONS FROM ACTING CITY ENGINEER Kjonaas stated that on November 24 Hwy. 7 East and the bypass road would be opened. A press release conference would be held on November 29 at 10:00 am. in the HATS building, followed by an 11:00 am. ribbon - cutting ceremony at Hwy.22 & 7. Two buses would be available to transport passengers from the HATS facility to the highway ceremony site. The Acting Engineer reported on a right -of -way acquisition meeting. Kjonaas stated he would update City Engineer Rodeberg on the details when he retums to work on December 1. I CLAIMS, ROPRIATIONS AND • N :: Cr Iu l ► VERIEFEED CLAIMS Motion by Haag, second by Peterson, to approve the claims and authorize payment from the appropriate funds. Motion unanimously carried. There being no further business, the meeting adjourned at 7:10 p.m. 0 MINUTES BID OPENING TUESDAY, NOVEMBER 30, 1999 The meeting was called to order at 2:00 p.m. by City Administrator Gary D. Plotz. Also present was Randy Dammann, General Manager of Modem Mazda. The reading of Publication No. 6086, Notice of Advertisement for Proposals On Car Impounding Contract, was dispensed with. The following bids were opened and read: TOWING TYPES MODERN MAZDA PLOWMAN'S Tyne I Tow $ 5.00 $35.00 > From 7:00 a.m. to 6:00 p.m. > From 6:00 p.m. to 7:00 a.m. or after 1:00 p.m. on Saturdays, Sundays and Holidays 15.00 60.00 > For Police Department Vehicles N/C N/C > Vehicles Impounded for Evidence Purposes 15.00 35.00 0 Tyne II To > From 7:00 a.m. to 6:00 p.m. 10.00 75.00 > From 6:00 p.m. to 7:00 a.m. 16.00 80.00 Tyne III To > From 7:00 a.m. to 6:00 p.m. 10.00 75.00 > From 6:00 p.m. to 7:00 a.m. 16.00 90.00 Use of Dolly N/C 35.00 Sous *e Footage of Fenced Storage Area 13,000 12,000 The bids were referred to staff for review and a recommendation. The meeting adjourned at 2:05 p.m. 0 CITY OF HUTCHINSON 0 11 0 BUILDING / PLANNING / ZONING DEPARTMENT 111 HASSAN STREET S.E, HIrrCHINSON, MN 55350 PHONE: 612.234 -4216 FA)(-- 612.234 -4240 nvom cr , 4-X)-1- Total Permits 45 Total inspections coc NDIVIDUAL PERMITS AUT4ORU316 CONSTRUCTION VALUED AT SSWAW OR MORE PWN prorlea er Ioflorrirq Manunm for sacs parrrr aufte& 0 =wvucbm vafuae at 5600.000 or more er" W ti wrf d to a0cw eacecrr kern No Iran amva ..Loma (a) Dwakron (b) Name am aaann of ownw a Grew (C) Omwafap Mark (%) ma (Co VaWUm of cawmcnm on* Cora (el Nuncar ci rq unas (f) Butkmp (!v KkW of Iaaktlg D PrNaOa a PuEtc S KW 01 Olrnq a Prlvwa a Pubk S POW of Olydrq a pfhwa D PrEHc s sm wlgay IOre d nrarq a PrMaM o PuEOc $ She ammo Con.nrMa M you awn of arty nar, pwn*4sa*q pxWdW6ma9 ONO a VM - PMaaa 0- addOMW kWm.. Wit n mmmrK Nana of param to MUC r"NCO q Rat capon T*Wm Ana coed Wrb" EaW4ar T11M - ..r.... . BUSINESS REPLY MAIL rgffJAY rrL �waar N0. R10 afJwaL WawplNarn PDBf y W PAD Mf ADDREWN F. W. Dodp Armor Y>rAaa�rwry^ Building Statwia PO B= 609 LAan rom MA 02420 -9536 — N0 — PO - 9 — TA — GE roar RRAW IF MAILED N THE UWTTD STATES Illrrrrrlrlrlrrlrrlrlllirrlrlrrrlrlrnllrrllrrllrrrlrlrrllrrrl 0 T" TWiS 3*rW Hutchinson Public Library Board Meeting lo onday November 22, 1999 Members Present: Paul Wright, Larry Ladd, Connie Lambert, Mary Henke, Delores Brunner, Jan Crow, Lois Carlson Members Absent: Kay Johnson, Richard Peterson, Newton Potter, Kay Peterson The October minutes were read and approved. old Business: Christmas decorations: It was decided to recognize First State Federal for their generous donation to the library for Christmas decorations by inserting a "Cheers" thank you in the Hutchinson Leader. Mary Henke mentioned that good comments had been received about the new banners and decorations. New Business: Mary Henke and Delores Brunner reported on the November 16 meeting with county commissioners Grant Knutson and Bev Wangerin. Levy limits were discussed. It was expected that a 4% increase the McLeod County librarians requested would be approved. Mary Henke reported on the on -line circulation system in effect November 17. There were two days of training for workers which was done in groups of four and five people. Connie Lambert was appointed vice president to finish out the term of Sue Munz who resigned from the board. A very complete PLS report was given by Delores Brunner. she explained the work done by the Finance, Policy, Technology, and Personnel Committees. There will be no December meeting unless some urgent matter arises. The next meeting will be January 24, 2000 at 4:30 P.M. The meeting was adjourned. Lois Carlson, Secretary 0 MINUTES Parks, Recreation & Community Education Advisory Board • November 11, 1999 Members present: John Ark, Jay Beytien, Mark Cormier, Dan Engwall, Teri Hlavka, Dolf Moon, Sonja Peterson, Richard Pettet, Brett Rasmussen, Mike Schiesl, and Theresa Sweeney. Minutes dated October 7, 1999 were approved by Jay Beytien and seconded by Dan Engwall. OLD BUSINESS Community Survey (overhead shown) - Goal of survey was "how residents feel and how to pay for it ". Sent randomly to 800 households in school district and received 74 %. A lot of information received. Task force (which dissolves in January 2000) will be making recommendation to Council in December or January. Board comments included: Comments good, impressive, what do you do with information now? Arena Update - New arena opened Saturday, November 6". HYHA organized project and had an excellent working relationship with City. Having ribbon cutting November 20 ° . Bleachers: 6 weeks separated the taking away of the $125,000 by Governor and the Council funding connection. Plans and specs done (4 weeks), bid process (4 weeks), 2 weeks until Council met again. Contract with Pinske Builders is for installation by January 15 Could move up 30 days if lucky. Parks & Recreation Budget - Revision 3 for PRCE 2000 budget shown on overhead. be adopting over Connecticut Park. Need $130,000 to replace lamp poles downtown. paint & landscape new arena. NEW BUSINESS Women's Club may HYHA will probably Shelter Survey Results (see handout) - John Arit presented. Sent out 120, received about 60% back. Will review survey with frontline sta>£ look at suggestions & comments, sort problems, look at user numbers (would like to average 50 people per shelter rental), meet with staff with new park information sheets, get out new park maps, promote extra tables, possibly separate fees (water Wor electricity extra), keep up customer service. Bike, Boat & Campground Summary (overhead shown) - John Arlt presented. Major upgrades made: 3 stalls added, electrical service upgrade, sewer fine fixed, new water hookups. July & August exceeded expectations. Our best year by $5,0001 Next season we'll have new signage and more definite policies on length of stay. Bike & Boat Rentals slipped a bit this year. Season ran from June 7 to September 5. We increased coupon usage - used 100. Added a tandem bike. Bikes were used a lot, boats were steady. Possibly work out some kind of deal for rental with a shelter. Bike patrol will be cut for 2000. This could create problems in campground and parks. A possible grant could be obtained to cover cost. Parks & Recreation "Your Best Investment" Kit — Video shown. 0 BOARD MEMBER ITEMS December's meeting will be back on schedule (1" Thurs. of month), Thursday, December 2"" # -(Q) --z RESOLUTION NO. 11370 • RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, the Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locations as points where traffic control devices shall be located, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTC17UNSON HEREBY ESTABLISHES THE FOLLOWING TRAFFIC CONTROL DEVICES: 1. "Stop" signs shall be installed at the following location: On north and south -bound Dale Street at Century Avenue SW ( "Cross Traffic Does Not Stop" sign will also be provided) . 2. The existing "Stop" sign currently in place at the following location will be removed: On Century Avenue SW at Dale Street 3. A "30 mph" zone and appropriate signing shall be established for the following location: On Dale Street SW between Century Avenue SW and South Grade Road SW 4. A "45 mph" zone and appropriate signing shall be established for the following location: On Dale Street SW between School Road (CSAH 7) and Century Avenue SW Adopted this 14th day of December, 1999 by the City Council of Hutchinson, Minnesota. Mayor — Marlin Torgerson • City Administrator — Gary D. Plotz H. V?fS0LLTT7?AFFjC1TnyCo26.d o T � -� 0 Memorandum TO: Mayor and Council FROM: Brenda Ewin H uman Resources /Transit Coordinator RE: Resolution No. 11371 DATE: December 8, 1999 Attached is Resolution No. 11371 authorizing the City of Hutchinson to enter into a grant agreement with the State of Minnesota to fund the light traffic study that was conducted in the community if 1995 and 1996. A copy of the grant contract is also enclosed for your review. Approval of this resolution is a formality that will allow the City to receive the 80% State funding for the completion of the study. This action is required to officially execute the contract and to finalize the payment for the study that was completed some time ago. It is requested that you consider and approve the attached resolution that also allows for the • execution of the grant contract. If you have any questions, please contact Ken Merrill, Finance Director, at City Center. Enc. Cc: Gary Plotz, City Administrator John Rodeberg, Director of Engineering/Public Works • Resolution No. 11371 • Entering into a grant contract with the State of Minnesota to fund a light traffic study conducted in 1995 and 1996 RESOLVED that the City of Hutchinson enter into a grant agreement with the State of Minnesota to fund a light traffic study conducted in 1995 and 1996. RESOLVED that the City of Hutchinson will provide a local share of 20% of the total costs for this study. The local share will include all city staff wages and direct and indirect local costs to administrate this study. RESOLVED that the City authorizes Mayor and the City Administrator to execute the aforementioned grant contract and any amendments with the State of Minnesota. RESOLVED that the City of Hutchinson authorizes the Mayor, the City Administrator, or the Finance Director to execute requests for reimbursement from the State of Minnesota as provided in the aforementioned grant contract. Marlin Torgerson, Mayor • ATTEST: Gary D. Plotz, City Administrator CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Hutchinson at a duly authorized meeting thereof held on the 14 day of December, 1999. As shown by the meeting minutes of said meeting in my possession. Title Mn/DOT Agreement No. 73969 STATE OF MINNESOTA GRANT CONTRACT • Federal Grant Numbers: MN -08 -8012, MN -80 -X001, MN -80 -X002, MN-80 -X003 Agency: T -19 Fiscal Year: Zp�pp Total Contract Amount: MAPS Contract N ber: MAPS Order Number: "T 1, 2173 2 - 99 MrdDOT Budget Office: MAPS Entry — Sign and Date (Authorized Signature) (Individual signing certifies that funds have been encumbered as required by Minn. StaL § 16A.15.) THIS GRANT CONTRACT, which shall be interpreted p ursuan t to the laws of the state of Minnesota, is between the state of Minnesota, acting through its Commissioner of Transportation (hereinafter "STATE ") and the City of Hutchinson, 111 Hassan Street S.E., Hutchinson, Mn 55350 (hereinafter "GRANTEE "), a governmental unit. WHEREAS, p ursuan t to Minnesota Statutes Sections 174.23, STATE is empowered to disburse federal funds available for purposes of Minnesota Statutes, Sections 174.21 to 174.24; WHEREAS federal funds are available under Title 49 United States Code Section 5313 for state planning and research purposes; WHEREAS STATE supports GRANTEE's efforts to research the transportation needs of the City of Hutchinson; • MEREAS GRANTEE conducted the "Hutchinson, Minnesota Light Traffic Study" in 1995 and 1996 to improve transit services to its citizenry at a cost of $93,750.00; and WHEREAS GRANTEE seeks federal Section 5313 research and planning funds in an amount not to exceed $75,000.00 for the costs of this traffic study; and WHEREAS GRANTEE has committed a 20% local match for the cost of this traffic study. NOW, THEREFORE, it is agreed: I. TERM OF CONTRACT This Grant Contract shall be effective on the date it is executed by the appropriate STATE and GRANTEE officials, and shall remain in effect until March 31, 2000, or until all obligations set forth in this Grant Contract have been satisfactorily fulfilled, whichever occurs first. ::_.lir_ . • lir A. Final Repgrt, GRANTEE, who is not a state employee, shall provide STATE with an official copy of the final report of the light traffic study conducted by GRANTEE in 1995 and completed in 1996 and shall provide appropriate invoices as a claim for reimbursement for 80% of the costs of this study, for an amount • not to exceed the amount provided in Article II, Paragraph A. Mn/DOT Agreement No. 73969 B. Local Share. GRANTEE has committed a 20% local match in an amount equal to $18,750.00 in staff costs to conduct the light traffic study and will provide STATE with the appropriate documentation to support thi� commitment. A. Consideration for all services performed and goods or materials supplied by GRANTEE p ursuan t to this Grant Contract shall be paid by STATE as follows: The total obligation of the STATE for all compensation and reimbursements to GRANTEE shall not exceed $75,000.00. B. Terms of Payment 1. Reimbursement shall be by cost reimbursements based on the expenses as documented by receipts, invoices, and time sheets, as prescribed by STATE. 2. Payments shall be made by STATE promptly after GRANTEES presentation of invoices for services performed and acceptance of such services by STATES Authorized Agent pursuant to Article V. Invoices shall be submitted in a form prescribed by STATE. W. CONDITIONS OF PAYMENT All services provided by GRANTEE p ursuan t to this grant shall be performed to the satisfaction of STATE, as determined in the sole discretion of STATE's Authorized Agent, and in accord with all applicable federal and state laws. GRANTEE shall not receive payment for work four, by STATE to be unsatisfactory, or performed in violation of federal or state law. V. AUTHORIZED AGENTS STATE's Authorized Agent for the purposes of administration of this Grant Contract is the Office of Transit, 395 John Ireland Boulevard, Mail Stop 430, St. Paul, Minnesota 55155, (65 1) 296 -3379. Such agent has final authority for acceptance of GRANTEE's services and if such services are accepted as satisfactory, will so certify on each invoice submitted pursuant to Article II, paragraph B. GRANTEE's Authorized Agent for the purposes of administration of the grant is Brenda Ewing, Transit Coordinator, 111 Hassan Street, Hutchinson, MN 55350, (320) 587 -5151, or Gary Plotz, at the same address and phone number. GRANTEE's Authorized Agent shall have full authority to represent GRANTEE in its fulfillment of the terms, conditions, and requirements of this Grant Contract. VI. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this Grant Contract without the prior written consent of STATE. VII. AMENDMENTS Any amendments to this Grant Contract shall be in writing, and shall be executed by the same parties who executed the original Grant Contract, or their successors in office. VIII. LIABILITY GRANTEE shall indemnify and save and hold STATE, its agents, and employees harmless from any and all claims or causes of action arising from the performance of this Grant Contract by GRANTEE or GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for STATE's failure to fulfill its obligations pursuant to this Grant Contract. Mn/DOT Agreement No.73969 IX. STATE AUDITS The books, records, documents, and accounting procedures and practices of GRANTEE relevant to this Grant Contract shall be subject to examination by the Minnesota Department of Transportation • Auditor, State Auditor, or the Legislative Auditor, for a minimum of six years. X. DATA PRACTICES. OWNERSHIP OF MATERIALS, AND INTELLECTUAL PROPERTY GRANTEE agrees to comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as 't applies to all data provided by STATE in accordance with this Grant Contract and as it applies to all data _reated, gathered, generated, or acquired in accordance with this Grant Contract Upon payment in full for the applicable materials, STATE shall own all rights, including all intellectual property rights, in all original materials, in whatever form, developed or created by GRANTEE and its employees, individually or jointly with others, or any subcontractor in the performance of its obligations under this Grant Contract All materials which have been paid for by STATE shall be remitted to STATE by GRANTEE upon completion, termination, or cancellation of this Grant Contract GRANTEE or its employees, individually or jointly with others, or any subcontractor, shall not use, willingly allow, or cause to have such materials used for any purpose other than performance of GRANTEE's obligations under this Grant Contract without the prior written consent of STATE's Authorized Agent. XI. CANCELLATION This Grant Contract may be canceled by STATE or GRANTEE at any time, with or without cause, upon 30 days' written notice to the other party. In the event of such a cancellation GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. • In the event STATE cannot or does not obtain funding from the Minnesota Legislature, or funding cannot be continued at a level sufficient to allow for the services and/or goods contained herein, this Grant Contract may be immediately canceled, at STATE's option, by written notice of cancellation delivered in person, by mail, or facsimile to GRANTEE at the address specified in this Contract STATE will not be obligated to pay for any services and/or goods performed by GRANTEE after such notice of cancellation. Mn/DOT Agreement No.73969 IN WITNESS WHEREOF, the parties have caused this Grant Contact to be duly executed intending to be bound thereby. GRANTEE STATE OF MINNESOTA By: By: Title: Title: Director, Office of Transit Date: Date: By:_ Title: GRANTEE'S SIGNATURE ACKNOWLEDGMENT STATE OF COUNTY OF This instrument was acknowledged before me this by the (Name) (Title) and the 199 (Name) (Title) of and executed this instru of theirthis/her own free will intending to be bound (Name of Entity) thereby. NOTARY PUBLIC My Commission Expires: day of 4 0 CITY OF HUTCHINSON lu l u o Finance Department October 26, 1999 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: ENGINEERING & ADMINISTRATION FEES The attached Construction • reimburse exp are using the engineer (whe fees. resolution transfers funds Fund to the General Fund enses incurred for the 1999 agreed to percentage of 21% re City did the engineering) =rom our 1999 Improvement This transfer is to Improvement projects. We This breaks down to 15% and 6% for administration The $347,090 is over our 1999 budgeted amount of $288,750. • '/ -C/,)—,�, RESOLUTION 11372 TRANSFERRING $347,091 FROM 1999 IMPROVEMENT CONSTRUCTION FUND TO GENERAL FUND FOR ENGINEERING AND ADMINISTRATION FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, $347,091 is hereby transferred by to the General Fund for project administration and engineer fees from the 1999 Improvement Construction Bond Fund. Adopted by the City Council this 14th day of December 1999. Marlin Torgerson Mayor VA06 a Gary D. Plotz Administrator -(41 0 Memorandum To: Mayor & City Council CC: Gary D. Plom City Administrator Steve Madson From: Marilyn J. Swanson, Administrative Secretary Date: December 7, 1999 Re: TRANSIENT MERCHANT LICENSE FOR TAP ENTERPRISES, INC. In 1994 TAP Enterprises submitted its first application for a transient merchant license. The company was investigated and approved at that time. 0 I am not aware of any complaints regarding the company or the products sold. Attachment I � ? r r�Y 2 T` i } sh O _02 -p9 09:47A Gity c t Hutchinson 320 23+a 4240 K CRY Of 1191CIp aff 'r fF • III NASSAN 311 91 SE APPLICATION MtIOMNI0.MN 55359-M FOR ?A1- 320- 734-4240 PEDDLERS, SOLICITORS, AND.TRANSIENT MERCHANTS How many days? NAME and DRIVER'S LICENSE INFORMATION NAVE: OGB.Z°r L - "",rs PERMANENT ADDRESS: LET! A& 17l.T �.Iry7fS T� PERMANENT TELEPHONE: TEMPORARY LOCAL ADDRESS: TEMPORARY TELEPHONE ACCESS: 3A -5 S� DRIVER'S LICENSE NUMBER (STATE) 7 (J� HEIfHT11M WEIGHT_ EYE COLOR_ FEES 5 LENGTH OF PERMIT REOUESTEO Months? Or year? LICENSE FEES ARE AS FOLLOWS: Application fee of $25 applied towards the following permit fee(s) Solicitors, Per day ............. ................... ........ S 25.00 S olicitors. per year ....................................... 5200.00 Transient Merchants, per day ............................... S 25.00 Transient Merchants, per year .............................. S200.00 Peddlers, per day _ S 25.00 P eddlers, per year .......... ............................... $200.00 BACKGROUND STATEMENT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF ANY MUNICIPAL ORDINANCE. OTHER THAN TRAFFIC VIOLATIONS? YES 40 0 IF YES, STATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE: — � A . 2" r 2" Picture required _ — — — -- -- - -- oac -02 -99 09 %47A City o4 Ho*- FHinson 320 234 4240 P_02 DESCRIBE MATURE OF BUSINESS AND DESCRIBE ITEM OFFERED: nc a 4g &- DESCRIBE METHOD OF DELIVERY: 3E..9S DESCRIBE YOUR SOURCE OF SUPPLY - NAME I ADDRESS OF SUPPLIER: Ti4o 6W.✓S �4c � ,7 cx ar.�w a.sc �.dsr /J SOa-a • PROVIDE TWO (2) MCL£OD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES: NAME S ADDRESS: PHONE NUMBER: NAME 6 ADDRESS: PRONE NUMBER: STATE LAST CITY YOU CARRIED ON SAME ACTIVITY: CITY /STATE NAME: 65 ni 5 DATE OF ACTIVITY: FROM_ DEC' >SI TO: 6: y P8 - -2- 0 - -^ 320 234 4240 P.03 one -02-99 09:47A City Oi' Hutchinson 1 hereby certify I have completely filled out the entire above applica- Lion 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 Merchant Ordinance No. 613 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex- ceeding SS00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Signature of p cc nt u • No application will be forwarded to the City Council reek prior to the regular Council meeting completely filled picture. OFFICE USE POLICE CHIEF RECOMENDATION: 0 -3- 0 unless received one out with required 4240 P.04 0OC -02 -99 09:47A City 0r HUZahinson RELEASE OF I\FOAY &TIO\ An an applicant for a Peddlers /Solicitors /Truro ianc Merchants Lioanse from rya City of Hutchinson, hinncsoca, I am required to furnish into r,.ation vhich tha: a;anc-: =av use in determining nw moral, physical, men ant financial q , : 3ii:ic =- cicns. In this connection, I horabv expressly auchor:ze release of any and all i =- fc mac =on whim'% you may have concerning me, including ln of a coa'ldent'_a_ or privileged nature. I hereby release the agency with which I am seeking application for license, and any organization, company or person furnishing infer -jcioa to that agency as e.- 2ressly 4utboriaed above, frog aao liability for daraSe which cav result from furnishing the inforsstion requested. Applicant's Full Printed Yale: Applicant's Address: treat c cat• b Zi; Applicant's Birth Dace: Applicant's Place of Birth! Applicant's Social Security Ho.: Applicant's Dri•er'e License ho.: Date: -3 — Appiicaa:' iyzaeure 0 0 `J Hutchinson Citv Center 111 Hawn SUe t SE Hutchinson. AIN 55350 -2522 320 - 587- 5151/Fax 320 - 2344240 C M E M O R A N D U M TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Out -of -State Travel by Director of Engineering/Pubtic Works DATE: December 7, 1999 I am requesting permission to attend the National Planning Conference in New York City from April 13th to 18` next year. The conference is sponsored by the American Planning Association, of which I am a member. I attended this conference two years ago and found it to be the most valuable and progressive conference that I have attended. This would be only the second city-paid out -of -state conference that I have attended in my ten years with the City. The conference cost is included in the budget for next year, and is offset by a reduction in other conferences and education expenses. cc: Gary Plotz —City Administrator Primed m wvcled paper - t AUGUSTANA LL7HERAN HOMES .a parr , r Ebenezer lone i `.linisrnc, November 15, 1999 RECEIA.sZJ NOV i 1 1999 CITY OF HUTCHINSON Bethany Home _oaro arc -_ �„= Ncrtr `rr•SPCn❑ `ax 32C- 593 -22= Enclosed is the 2000 Lease Agreement. Please review, sign and return one copy. If you have any questions, or are requesting any changes you may call 1- 800 - 669 -6714. Thank you for your continued support of the Senior Dining Programs. cerely, �l Naomi Opjorden Office Coordinator Emmanuel Home Nurslna acme 500 soutn :�avls 0 0 Bax5d1 _Ilcnileld, %IN 55355 2I 320 -593 -21'2 `ax 3 20-093-2242 Emmaus Place V arkel HCU51na 'CO Norm Holccmte utchfieie. MN 5_355 Gloria Del Manor aoart ents 218 Ncrin -clmmce _Itchfleld. °.1N 55355 tel 320 -593 -2330 rax 320 -053 -27'8 Home Care and Hospice Agency 218 North Hcicomoe tcnfield, MN 5535' , el 320- 593 -7 3 57 - ax 320- 553 - Meeker County Transit Sznlor - ransocrtaticn 'IS Nort -c:_mce ?x Mid-Minnesota Senior Dining 2'8 Nonr rolcomoe - itchueie. VN 55355 .eI rax 320- 59 ? -2- B u _n E UN Gcm lay Ermnw.v 7 L} EBENEZFR Memorandum To: Dolf Moon, Director Park/Rec. /C.E. CC: Barb Haugen, Senior Center Prom Marilyn J. Swanson, Administrative Secretary oat.: November 18, 1999 Re: LEASE AGREEMENT WITH AUGUSTANA HOMES, MID- MINNESOTA SENIOR DINING PROGRAM The City of Hutchinson received the attached letter and lease agreement from Augustan Homes for the senior dining program. Before I place this item on the City Council agenda, would you please review the • agreement and submit a letter of recommendation for the packet. Attachment 10 LEASE AGREEMENT THIS AGREEMENT, signed and dated below, specifies the terms and conditions as agreed by the city of Hutchinson (Lessor) and Augustana Homes, Mid - Minnesota Senior Dining Program (Lessee) for Lessee to use the premise described as : Senior Center, 115 Jefferson Street, Hutchinson, MN 55350. Both Parties Agree as Follows: I. Term This Lease shall be in effect for the calendar year 2000 and renewable annually thereafter until either party provides 60 days written notice of intent to terminate. H. Reimbursement The quarterly payments of $925.00 dollars each shall be paid to the Lessor for reimbursement of utility and maintenance expenses directly associated with Lessee's use of the premises. This amount shall be reduced in any month on a prorated basis if the Lessee's use is terminated or less than the usage at the beginning of the term. III. Use of the Premises Lessee shall have the right to use the kitchen from 5:00 AM to2:00 PM, and use of dining area from 10:00 AM to 1:00 PM or a reasonable time of completion daily, . Monday through Friday. In the event the Lessor must unavoidably use the premises during these hours, the Lessee shall be notified two weeks in advance and provide an acceptable alternate option if available. IV. Repair/ Maintenance/ Utilities A. The Lessor will be responsible for major housekeeping chores: Cleaning bathrooms, washing windows, scrubbing kitchen floors and shoveling snow. B. The Lessee will conduct daily light housekeeping as follows: Daily sweeping of floor, taking out garbage, recycling ( *Lessor provides container), wiping down cupboards, shelves, countertops, dishwasher, freezers, refrigerators, keeping stoves and ovens in clean order (inside and out), keeping items off the floor space, keeping kitchen in generally good appearance and in neat order. Utility payments to the vendors shall be the responsibility of the Lessor. r� f._ I= V. Lessee Property All goods, foodstuffs, fixtures, equipment and personal property of the Lessee shall remain the property of and reserved for the Lessee at all times. Any damage/ disappearance, mysterious or otherwise, during the Lessor's use of the premises shall be the Lessor's responsibility to reimburse Augustana Homes, Mid - Minnesota Senior Dining. VI. Lessor Provided Trade Fixtures The Lessor Shall provide refrigeration, oven, washing and storage fixtures as- well -as place settings, tables and chairs, and cleaning utensils for meal site operation at the level described in "special conditions ". This property remains the Lessor's if provided at the Lessor's expense. VII. Insurance The Lessee agrees to carry personal property insurance to cover all its contents and personal property on the leased premises. VIII. Assigns The terms and agreements of this lease shall extend to and bind the heirs, assigns, and executors of both parties. IX. Food License The Lessee will maintain a Minnesota Food License for program operations only. The Lessor is responsible to ensure that any other food preparation activities in the facility are in compliance with Minnesota State Law. NIL Special Conditions A. The Lessee will maintain telephone service for program use only. The Lessee will pay for long distance telephone calls made by program staff. B. The Lessor will provide adequate place settings and other trade fixtures for an average meal service capacity of 80 persons. IN WITNESS WHEREOF both parties have executed this agreement with their signature below as dated. LESSEE Augustana Homes, Mid - Minnesota \,Bv 746n Senior Dining Proog --ram`` AfF/a'U Title: Program Coordinator Date �91` LESSOR By Title: Date CITY OF HUTCHINSON POLICE SERVICES TO: Mayor and Council FROM: Steve Madson, Director of Police /Emergency Management Services DATE: December 3, 1999 RE: Car Impounding Contract I have reviewed the bids regarding car impounding for the City of Hutchinson for the period January 1, 2000 until December 31, 2001. Two bids were received and they are as follows: Modem Mazda Plowman's Modem Mazda has submitted the lowest bids in each classification. Additionally, this department has experienced no issues that would preclude approval of Modem Mazda as the contractor. Therefore, I recommend the City Council approve Modem Mazda as the car impound contractor. flkg .. 9 �� 0 MAMA Memo T« Steve Madson, Police Chief From:Madlyn J. Swanson, Admin. Secretary CC: Gary D. Plotz, City Administrator Data December 1, 1999 Re: BIDS FOR CAR IMPOUNDING Attached are copies of the two bids for car impounding which were opened on • November 30. As you can see, there is a wide range in price. After you have reviewed them, please provide me with a letter of recommendation for the City Council packet going out on Wednesday, December 8. Thanks. Attachment • Page 1 �- c ./ 0 0 0 BID PROPOSAL CAR IMPOUNDING This form must be used to submit your bid. Failure to use this form will be cause for disqualification of your bid. TOWING TYPES BID QUOTATION >> Fr 7:00 am. to 6:00 p.m. > From 6:00 p.m. to 7:00 am. or after 1:00 p.m. on Saturdays, Sundays and Holidays �S > For Police Department Vehicles /V/ L > Vehicles Impounded for Evidence Purposes �s Tyne II Tow > From 7:00 am.to 6:00 p.m. > From 6:00 p.m. to 7:00 a.m. 16 Tyne III Tow > From 7:00 am. to 6:00 p.m. j > From 6:00 p.m. to 7:00 am. 16 1 Tse of Dolly q& Sonare Footage of Fenced Storage Area �Z 0 0_ , The above amounts reflect the bid proposal for the period of January 1, 2000 to December 31, 2001. h:impbid Bid submitted (Name of Company) I M BID PROPOSAL CAR IMPOUNDING This form must be used to submit your bid. Failure to use this form will be cause for disqualification of your bid. TOWING TYPES Tyne I Tow ➢ From 7:00 am. to 6:00 p.m. ➢ From 6:00 p.m. to 7:00 am. or after 1:00 p.m. on Saturdays, Sundays and Holidays 9 For Police Department Vehicles ➢ Vehicles Impounded for Evidence Purposes Tyne H Tow ➢ From 7:00 a.m.to 6:00 p.m. ➢ From 6:00 p.m. to 7:00 am. Type M To ➢ From 7:00 am. to 6:00 p.m. ➢ From 6:00 p.m. to 7:00 a.m. BID QUOTATION 3s _ ( N/G 4r � ' � $tea The above amounts reflect the bid proposal for the period of January 1, 2000 to December 31, 2001. Bid submitted by: 4/ n 1 - - 2:;;9 G (N a of Company) -3 of Authorized Agent) (Date) Mmpbid � -0- . 0 MEMORANDUM TO: Honorable Mayor and City Council FROM: John Olson, Asst. Public Works Dir. RE: Perpetual Care Funding for activities at Oakland Cemetery DATE: 11/30/1999 cc: John Rodebag, Dir. of Fmgmeenng /Public Works; Flovd Groehler, Cemetery Supervisor. PERPETUAL CARE FUNDING PROPOSAL 11 BUILDING PROJE Oakland Cemetery requests Perpetual Care funding of up to 365,000 for a building project at the Cemetery This project: 1) Eliminates three small sheds and an outhouse currently on the site 2) Centralizes all cemetery operations, tools and eqwpment at one site. 3) Allows development of property occupied by the sheds. (Current value = +/- $60,000) Once access to the funds is approved, construction will begirt this winter and be completed next summer. 2) COLummmM Cremations are an increasingly preferred option for funeral services. In response to this trend, Oakland Cemetery requests Perpetual Care funding of up to $10,000 for installation of a columbarium. A columbarium is an aboveground, granite -faced memorial for cremations. Columbariums are an alternative to in- ground intermens. Columbariutns can represent cost savings to consumer and are proving to be successful in several Minnesota cemeteries. Once access to Perpetual Care funds is approved, the columbarium will be ordered this winter, with final installation taking place nest spring. 3) p PETT AL- CARE FUND ACTIVITY Considering the current balance, anticipated contributions and earnings, the Perpetual Care Fund balance will remain well within statutory limits and be adequate for Oakland Cemetery. Expenditures for buildings and columbariums are appropriate for the Perpetual Care Fund, as indicated by appropriate statutes. ��y' �j�m Ic'�� '0901 Pen C,r,e Jrv'e. Suite 200. MinnetonKa. M4 55343 -9100 612.9122600 512.912.2601 FAX 1rchi CCU rP 'TECEneelInz Inolronmenlat 'ran3porra t l on 0 November 11, 1999 RE: City of Hutchinson Sanitary Sewer Comprehensive Plan Update Sanitary and Storm Sewer SEH No. A- HUTCH0002.00 10.00 City of Hutchinson 111 Hasson St. S.E. Hutchinson, MN 55350 -2522 Attn: Julie Wischnack, AICP Director of Planning/Zoning/Building Dear Ms. Wischnack: This letter supplements the Agreement for Professional Services between City of Hutchinson, Owner, and SEH dated and addresses providing services in connection with the Sanitary Sewer Plan Update (hereinafter called the "Project "). The scope of said services is detailed in the attached Exhibit A -1. Our services will consist of gathering information, site visit, meetings, reviewing the "Comprehensive Sanitary Sewer Plan for the North, Northwest and Northeast" as it relates to the North Trunk Highway 15 and Trunk Highway 22 Drainage Basins, considering alternate collector solutions for development along the Trunk Highway 22 bypass, preparing engineer's opinions of costs for alternatives, developing a list of pros and cons for the alternatives and preparing a report addendum, all as set forth in this letter and the Agreement for Professional Services between SEH and the City of Hutchinson dated We will also furnish such Additional Services as you may request or as required. You will pay us a fee for our services, currently estimated to be , in accordance with Exhibit C -1, Actual Billable Rate method. Payment for additional services shall be based on the time required to perform the services and the billable rates for the principals and employees engaged directly on the project, plus charges for expenses and equipment, all in accordance with Exhibit C -1. We have started work based on your verbal authorization October 14, 1999. We estimate our services will be completed by approximately December 1, 1999. If there are delays in the Project that are beyond our control, you agree to grant additional time to complete the services. Your budgetary limitations for construction of the Project should be provided to us in writing at an early date. We will endeavor to work within those limitations. If you request, we will submit periodic Shan Elliott Hendrickson ire. Offices located throughout the Upper Midwest Edual Opportunity Employer We help you plan, aa;M and whine. g -E City of Hutchinson November 11, 1999 Page 2 estimates of cost to give you our opinion of the probable cost of the Project. Where appropriate, if 40 the estimated cost exceeds the budget, we will either request an adjustment in the budget or suggest a revision in the extent or quality of the Project to assist in bringing construction cost back within the budget. We do not guarantee that our opinions of probable construction cost will not differ materially from negotiated prices or bids. If you wish greater assurance as to probable construction cost or if you wish formal estimates, an independent cost estimator should be employed as provided in Section V.A.1 of the Agreement and in Exhibit B. This letter and the Agreement for Professional Services dated along with Exhibits A -1, B, C -1, and D represent the entire understanding between you and us in respect of the Project and may only be modified in writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement, please sign the enclosed copy of this letter in the space provided below and return it to us. Sincerely, Short Elliott Hendrickson Inc. l� L� ( Lt-- David C. Halter, P.E. Senior Project Manager Accepted this day of 19 City of Hutchinson By: Authorized Client Signature - 0901 Fee Circle Drive. Suite 200. P 0. car in. 'Annetonra'.IN =5343 -0130 612-335.6901 612.935.881 -_nX S.rca::da a re ' ::Igmeer![Y L1D1iaEll[5)1 [al ..SSyJ:'__ .. September 29, 1999 RE: City of Hutchinson Sanitary Sewer Comprehensive Plan Update SEH No. P- HUTCH0002.00 10.00 Ms. Julie Wrs rhnack, AICP Director of Planning/Zoning/Building City of Hutchinson 111 Hassan Street S E. Hutchinso MN 55350 -2522 Dear Ms. Wischnacic We are pleased to present this proposal to you to update your Comprehensive Sanitary Sewer Plan. It is our understanding the construction of the Trunk Highway 22 by -pass and the availability of developable land between Tnmk Highway 7 and the sewage treatment plant snake it desirable to consider collector main alignments that might better serve this area. This proposal is, specifically, to consider a revision of the North Trunk Highway 15 Drainage Basin to serve part of the Trunk Highway 22 Drainage Basin with a collector main flowing directly to the sewage treatment plant site. We are ass umin g that previous studies have ade addressed the plant capacity and that is not a part of this work. We have prepared a matrix showing the tasks, hours, cost and schedule for this work. Based on this matrix we propose to perform these services for $15,160. This would be based on our normal hourly rates. Please review this information. We are open to your suggestions regarding the tasks and the level of effort required for them. You may call with your comments or suggestions so we can discuss them. Thank you for this opportunity to work with you. We appreciate it very much. Sincerely, David C. Halter, P Project Manager Enclosure c: Mike Foertsch 0° �° V9 1wooi1d Exhibit A -1 Short Elliott Hendrickson Inc. OHlees located throughout the upper Midwest Equal Ooportututy Empmyer We &0 you pros, da,gn, and atdurx. Sanitary Sewer Comprehensive Plan Update City of Hutchinson Engineering Cost Estimate 9/29/99 Mnn Prhrelpsl Project M Project Senlot Tedud Fall dC Staff Hydraulics Technician Secretary Expenses Cost Schedule 1. Gather Edst. Information 1 8 ; 30.00 ; 672.85 15 Oct. 2. S8e VIaR 8 MI .with C8 Planter 8 8 B ; 30.00 ; 2 502.34 15 Oct. 3, Re view Comp. Rpt. F lov a Capaclty 2 100 1 1 581.78 22 Oct. 4. R eview /Re vise Study Standards 1 4 ; 452.24 22 Oct. 5. Anatyze RasINFlow Charactalslics 1 e ; 780.88 12 Nov. 5. De9ne/ a ARarole Raulen 1 3 24 18 2 ; 3 12 Nov. 6. Cost Es9males 1 4 8 1 ; 11 30 19 Nov. LPrepare Re t Addendtxn 2 2 18 8 2 3 ; 30.00 ; 2,597.21 1 10 Dec. B. Meetings with CR 2 8 8 ; 200.00 ; 1048.08 TOTAL 3 27 88 38 12 00 8 0 4 ; M.00 ; 11 ti d Shoil FIIkA1 I lendrlckson Inc. .I - ur a Fen C r:e :.....:j.'.e CO 2, ei nnetonKa. - .IN 65343- 9100 9'2.9 -34-7 ncz:uir r2urecr;te ^wren nt Went. 0 November 1'. 1999 RE: Ciry of Hutchinson Airport Basin Collector SEH No. PHUTCH001.00 10.00 Mr. Richard Kjonaas Actin¢ Public Works Director City of Hutchinson I 1 I Hassan Street SE Hutchinson. MN 55350 -2522 Dear Rick: :12.912.2601 FAX :: a as oor t a r:on At this time we are working without a contract on the sewer project in Hutchinson. I provided John with a proposal on September 17, which he verbally accepted_ to prepare a feasibility repots and draft EAW for the Southeast Sanitary and Storm Sewer from a point near Jefferson Road to the back side of the Target property west of TH 15. We have commenced work on that based on John's verbal authority but 1 did tell him I would prepare a contract for the City's consideration. I am attaching two original documents for your review and approval. This is our standard contract and is set up for multiple projects. The base contract provides all of the • general conditions and options to services and payment provisions. It is intended to provide a base work from which we could spring to many different types of projects if needed. In this case the feasibility report, design surveying, design and plan preparation, construction inspection, comprehensive plan update and others could be covered under its general umbrella As stated above, we are already working on the feasibility repordEAW. We are also working on an update to the sanitary sewer comprehensive plan for Julie Wischnack. This contract would apply to both of those and could apply to others down the road. Each proiect or task can then be assigned by simpiv adding a supplementary letter. In the case of the feasibility report/EAW, I have attached that letter for your review and approval. I have also submitted a supplementary letter to Julie for the update of the sanitary sewer comprehensive plan. Please review the contract and call me if there are concerns to be addressed. If there are no issues, please have the originals executed and return one to me. Sincereiv, (::L� P David C. Halter Project Manager Enclosure c: Mike Foertsch Julie Wiscnack M1:'anlNi¢W®eW�l OPfd,bilm' �p,opmJ.hc Short Elliott Henariuson inc. Juices :ocated throughout the Upper Midwest We help you plan, deign, and arheot. I Eaual Opportunity Employer SHORT ELLIOTT HENDRICKSON INC. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is effective as of (Effective Date) between the City of Hutchinson (Owner) and Short Elliott Hendrickson Inc. (SETT). This Agreement consists of the Agreement for Professional Services, Exhibit A (optional), Exhi bit B the Owner's Responsibilities, Exhibit C -1 for Hourly Pa yments , Exhibit C -2 for Lump Sum Payments and Exhibit D for Resident Project Representative Duties/Responsibilities (optional). Whereas SEH uses a series of exhibits to describe the methods of payment for its services (C -1, C-2, etc.), this Agreement refers to those exhibits collectively as Exhibit C. Individual projects will be described in the Supplemental Letter Agreements withthe appropriate exhibits cited. :u w u • w • . •• :..0 -�i (♦ ,. ill • sc •� ••.. a r, • CA I . •.:.: This Signature Page, the Agreement and Exhibits along with any Supplemental Letter Agreements represent the entire understanding between Owner and SEH with respect to the services to be provided by SEH and may only be modified in writing signed by both parties. In the event of any conflict between the documents listed above as part of this Agreement, the Agreement for Professional Services shall govern over all other docmnc= with Exhibit B, Exhibit D, Supplemental Letter Agreements and Exhibit A following in order of precedence. SHORT ELLIOTT HENDRICKSON INC. CITY OF HUTCHINSON 10901 Red Circle Drive, Suite 200 111 Hasson St. S. E. Minnetonka, MN 55343 Hutchinson, MN 55350 -2522 Bv: Br. Title: Title: By. BY Title: Title: (Form oaoaeel Slgnatute Page SHORT ELLIOTT HENDRICKSON INC. AGREEMENT FOR PROFESSIONAL SERVICES SECTION I — SERVICES OF SEH A. GENERAL 1. SEH agrees to perform professional services as hereinafter stated and as set forth in Exhibit A and/or The Supplemental Letter Agreement. 2. SEH shall serve as the Owner's professional representative and provide all engineering, architectural, environmental and planning services to which this Agreement applies, and shall give consultati and professional advice to the Owner during the performance of its services, to the extent agreed upon and stated in Exhibit A and/or the Supplemental Letter Agreement. 3. If authorized by Owner, SEH shall furnish Resident Project Representative(s) with duties, responsibilities and limitations of authority as set forth in Exhibit D. 0 B. SERVICE NOT PROVIDED Owner acknowledges SEH will not direct, supervise or control the work of contractors or their subcontractors, nor shall SEH have authority over or responsibility for the contractors means, methods, or procedures of construction. SEH's services do not include review or evaluation of the Owner's, contractor's or subcormactor's safety measures, or job site safety. SECTION II - THE OWNER'S RESPONSIBILITY A. GENERAL 1. Owner shall have the responsibilities set forth herein and m Exhibit B. SECTION III — PERIOD OF SERVICES A. GENERAL 1. SEH's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the services to be provided. Unless specific periods of time or specific dates for providing services are specified in this Agreement, SEH's obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. 0 2. If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided, and if such periods of time or dates are changed through no fault of SEH, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If Owner has requested changes in the scope, extent, or Short Elliott Hendrickson (Form 0210498) Agreement - 1 City of Hutchinson E— character of the Project or the services to be provided by SEH, the time of performance of SEH's services shall be adjusted equitably. For purposes of this Agreement the term "day' means a calendar day of 24 hours. B. AGREEMENT TO CONTINUE Unless sooner t erminated as provided in Paragraph VI.J., this Agreement shall remain in force: 1. For a period which may reasonably be required to complete the services authorized by the Owner, including extra services and any required extension thereto, or C. SUSPENSION 1. If Owner fails to give prompt written authorization to proceed with any phase of services after completion of the immediately pig per, or if SEH's services are delayed through no fault of SEH, SEH may, after giving seven days written notice to Owner, suspend services under this Agreement. 2. If SaFs services are delayed or suspended in whole or in part by Owner, or if SEH's services are delayed by actions or inactions of others for more than 90 days through no fault of SEH, SEH shall be entitled to equitable adjustment of rates and amounts of compensation provided for elsewhere in this .moment to reflect reasonable costs incurred by SEE in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. SECTION IV — OPINIONS OF COST • A. OPINIONS OF PROBABLE CONSTRUCTION COST If requested in Exhibit A, SEH may provide an opinion of construction cost. SEH's opinions of Project Cost provided for herein are to be made on the basis of SEH's experience and qualifications and represent SEH's best judgement as a professional generally familiar with the industry. However, since SEH has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, SEH cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from opinions of Construction Cost prepared by SEH. If Owner wishes greater assurance as to probable Construction Cost, Owner shall employ an independent cost estimator as provided in Exhibit B. 2. SEH assumes no responsibility for the accuracy of opinions of Total Project Costs. B. DESIGNING TO CONSTRUCTION COST LIMIT If a construction cost limit for a project is established between Owner and SEH, such construction cost limit and a statement of SEH's rights and responsibilities with respect thereto will be specifically set forth in the Supplemental Letter Agreement related to that project. Short Elliott Hendrickson Agreement - 2 City of Hutchinson (Form (12/04M) SECTION V - GENERAL CONSIDERATIONS A. STANDARDS OF PERFORMANCE 1. The standard of care for all professional engineering and related services performed or furnished by SEH under this Agreement will be the care and skill ordinarily used by members of SEH's profession practicing under similar cir at the same time and in the same locality. SEH makes no warranties, express or implied, under this Agreement or otherwise, in connection with SEH's services. 2. SEH shall serve as Owner's prime professional and shall perform or furnish all professional engineering, architecn^aal, environmental plannin g and related services to which this Agreement applies. SEH may employ such Consultants as SEH deems necessary to assist in the perfo or furnishing of the services. SEH shall not be required to employ any C onniltarm unacceptable to SEH. 3. SEH shall not be required to sign any documents, no matter by whom requested, that would result in SEH having to certify, guarantee or warrant the existence of moons whose existence SEH cannot ascertain. Owner agrees not to make resolution of anv dispute with SEH or pavinem of any amount due to SEH many way contingent upon SEH's signor any such certification- 4. SEH neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with the Contract Documents. 5. SEH shall not be responsible for the acts or omissions of any Contractor(s), subcontractor or supplier, or of any of the Contractor's agents or employees or any other persons (except SEH's own employees) at the site or otherwise furnishing or performing any of the Corractor's work; or for any decision made on interpretations or clarifications of the Contract D ocuments given by Owner without consultation and advice of SEH. 6. The General Conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (Document No. 1910 -8, 1996 Edition) unless both parties mutually agree to use other General Conditions. B. AUTHORIZED PROJECT REPRESENTATIVES I. Contemporaneous with the execution of this Agreement, SEH and Owner shall designate specific individuals to act as SEH's and Owner's representatives with respect to the services to be performed or furnished by SEH and responsibilities of Owner under this Agreement. Such individuals shall have authority to trans*n:r instructi receive information, and render decisions relative to the Project on behalf of each respective parry. C. INDEMNIFICATION 1. Notwithstanding the Scope of Services to be provided by SEH pursuant to this Agreement, it is understood and agreed that SEH is not a user, handler, generator, operator, treater, scorer, transporter or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter attended, and which may be found or identified on any Project which is undertaken by SEH. 0 Short Elliott Hendrickson Agreement - 3 City of Hutchinson (Forrn OVUM) The Owner agrees to hold harmless. indemnify and defend SEH and SEH's officers. subcomultant(s), employees and agents from and against anv and all claims, losses, damages. 10 liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, poll utants or contaminan of any kind, except that this clause shall not apply to such liability as may arise out of SEH's sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the Owner and included within SEH's services to be provided under this Agreement 2. To the fidlest extent permitted by law, SEH shall indemnify and hold harmless Owner. Owner's officers, directors, partners and employees from and against any and all costs, losses and damages (including but not limned to all fees and charges of engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of SEH or SEH's officers, directors, partners, employees and SEH's C onsultan* in the performance and famishing of SEH services under this Agreement. 3. To the fullest extent pernutted by law, Owner shall indemnify and hold harmless SEH, SEH's officers, directors, partners, employees, and SEH's C onsultants from and against any and all costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of Owner or Owner's officers, directors, partners, employees and Owner's Consultants with respect to this Agreement or the Project 4. SEH's total liability to Owner and anyone claiming by, through or under Owner for any cost, loss or damages caused in part by the negligence of SEH and in part by the negligence of Owner or any other negligent entity or individual, shall not exceed the percentage share that SEH's negligence bears to the total negligence of Owner, SEH and all other negligent entities and individuals. D. LIMITATIONS ON SEWS LIABILITY I. The Owner hereby agrees that SEH's total liability to the Owner for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to a Project or this Agreement from any cause or causes incl uding, but not limited to, SEH's negligence. errors, omissions, strict liability, breach of Contract or breach of warranty shall not exceed the total available insurance proceeds paid on behalf of or to SEH by SEH's insurers in settlement or satisfaction of Owner's claims under the terms and conditions of SEH's insurance policies applicable thereto. E. REUSE OF DOCUMENTS All documents, including computer software, drawings, and specifications, prepared by SEH pursuant to this Agreement are instruments of service with respect to the Project They are not intended or represented to be suitable for reuse by the Owner or others on extensions of the Project or on any other project. Any reuse without written consent or adaptation by SEH for the specific purpose intended will be at the Owner's sole risk and with= liability or legal exposure to SEH; and the Owner shall defend, indemnify and hold harmless SEH from all claims, damages, losses and expenses including attorneys' fees arising our of or resulting from reuse of SEH documents without written consent. Short Elliott Hendrickson Agreement - 4 City of Hutchinson (Finn OZD44 ) 2. The Owner and SEH agree that any CADD files prepared by either party shall conform to the specifications of the systems and technology currently being utilized by SEH. The electronic files submitted by SEH to the Owner are submitted for an acceptance period of thirty (30) days. The Owner agrees it will perform any acceptance tests or procedures within 30 days. Any defects the Owner discovers during this period will be reported to SEH and will be corrected as part of the SEH scope of services. Correction of defects detected and reported after the acceptance period will be compensated for as Additional Services as described in Exhibit C. Under no circumstances shall transfer of the drawings and other instruments of service on electronic media for use by the Owner be deemed a sale by SEH and SEH makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. 3. Copies of Documents that may be relied upon by Owner are limited to the printed copies (also known as hard copies) that are signed or sealed by SEH. Files in electronic media format of text, data, graphics or of other types that are famished by SEH to Owner are only for convenience of Owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk- 4. When transfeerring documents in electronic media format SEH makes no representations as to long term compatibility, usability or readability of documents resulting from the use of software application packages, operating system or computer hardware differing from those used by SEH at the begianmg ofthe Project. 5. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. 6. Any verification, reuse, or adaptation of the Documents for extwwsions of the Project or for any other project will entitle SEH to further compensation at rates to be agreed upon by Owner and SEH. F. DISPUTE RESOLUTION 1. In an effort to resolve any conflicts that arise during the design or construction of the Project or following the completion of the Project, the Owner and SEH agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties muinally agree otherwise. 2. The Owner and SE-I further agree to include a similar mediation provision in all agr eements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. G. ASSIGNMENT 1. Neither party to this Agreement shall transfer, sublet, assign any rights under or interests in this Agreement without the prior written consent of the other party. H. INSURANCE 1. SEH shall secure and maintain such insuran as SEH deems necessary or appropriate to protect SEH from claims under Workmen's Compensation, accidents or claims for bodily injury, death or property damage which may arise from the performance of SEH services under this Agreement. Short Elliott Hendrickson Agreement - 5 City of Hutchinson (Fan OZU4 7) Owner shall require Contractor to purchase and maintain general liability and other insuran as specified in the Contract Documents and to cause SEH and SEH's Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by C ontracto r for the Project. 3. All policies of property insuran shall contain provisions to the effect that SEH's and SEH's C onsultants ' interests are covered and that in the event of payment of any loss or damage the insurers will have no tights of recovery against any of the insureds or additional insureds thereunder. 4. At any time, Owner may request that SEH, at Owner's sole expense, provide additional insurance coverage, increased limits or revised deductibles that are more protective than those being provided. If so requested by Owner, with the concurrence of SEH, and if cornmercially available, SEH shall obtain and shall require SEH's C onsultants to obtain such additional insurance coverage, differazt limits or revised deductibles for such periods of time as requested by Owner. TERMINATION 1. This Agreement may be t erminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no f cult of the party initiating the termination- In the event of termroation SEH shall be compensated for services performed to terminati date, including charges for expenses and equipment costs then due and all termination expenses. J. CONTROLLING LAW This Agreement is to be governed by the law of the state in which the Project is located. i Short Elliott Hendrickson Agreement - 6 City of Hutchinson (Form 02104W) EXHIBIT A TO AGREEMENT FOR PROFESSIONAL SERVICES Between City of Hutchinson (Owner) and Short Elliott Hendrickson Inc. (SEH) Dated SEH's SERVICES The Owner intends to retain SEH to provide professional engineering, archite ctural, environmental and/or planning services as may be directed by the Owner, and the Owner and SEH deem it mutually advantageous to set forth the general details described herein. GENERAL 1. Services performed by SEH may, at the option of the Owner, be related to one or a combination of the following as specifically agreed upon and stated in Supplemental Letter Agreements. .. b. Preliminary Design c. Final Design d. Construction e Additional Services B. REPORT PHASE During the Report Phase, when authorized in the Supplemental Letter Agreement, SEH sball: 1. Consult with the Owner representatives to determine the scope of the services to be undertaken by SEH as a part of this phase. 2. Perfo n such field survevs, investigations and other tasks determined by SEH to be necessary to complete the Report. 3, Prepare a Report in sufficient detail to clearly describe the project as stated in the Supplemental Letter Agrcemmt 4. If requested, SEH will provide opinions of estimated construction and project cost. The Owner acknowledges that the scope of services is limited and does not provide for exhaustive studies and investigations. Therefore, SEH cannot guarantee the accuracy of results or conclusions. 0 Short Elliott Hendrickson Exhibit A - 1 City of Hutchinson (Forth 10/07)98) g -c C. PRELIMINARY DESIGN PHASE During the Preliminary Design Phase, when authorized in the Supplemental Letter Agreement, SEH shall: 1. On the basis of the approved report or, in the instance where a report has not been prepared, on the basis of the Owner's instructi prepare Preliminary Design Phase do cuments . These documents may consist of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project 2. Advise Owner if additional reports, data, information or services are necessary and assist Owner in obtaining such reports, data, information or services. 3. If requested, based on the information contained in the Preliminary Design Phase documents, submit an updated opines of probable Construction Cost and any adjustment to Total Project Costs known to SEH. All cost estimates will be provided subject to the terms of the Agreement for Professional Services, Article VA 1. 4. Furnish the Prelimnary Design Phase documents to and review them with Owner. D. FINAL DESIGN PHASE During the Final Design Phase, when authorized in the Supplemental Letter Agreemeirt, SEH shall 1. On the basis of the approved Report and/or Preliminary Design Phase documents, prepare construction drawings ( plans) and specifications for the Project or such a portion thereof as oudmed in the Supplemental Letter Agreement for the Final Design Phase. SEH will provide technical criteria, written descriptions and design data for Owners use in filing applications for permits from or approvals of government authorities having jurisdiction to review or approve the final design of the project, and assist Owner in consultations with appropriate authorities. 2. If requested, furnish an updated construction cost estimate for the Project based on the completed drawings and specifications. All cost estimates are SEH's opinion of probable construction costs whose accuracy cannot be guaranteed. The Owner waives any claim against SEH relative to the accuracy of SEH'S opinion of construction costs. 3. Furnish sets of plans and specifications for Owner and agency review. 4. Prepare proposal forms and the notice to bidders. 5. Assist the Owner in obtaining and evaluating bids and awarding Contracts for the construction of the Project 6. Assist in the preparation of the Contract Agreement E. CONSTRUCTION PHASE During the construction phase, when authorized in the Suppkmenal Letter Agreement, SEH professionals shall: 1. Make visits to the site at intervals appropriate to the various stages of construction to observe as an acperimced and qualified design professional the progress and quality of the executed work of the Contractor(s), and to determine in general, if such work is proceeding in accordance with the Contact Documents. The Owner has not retained SEH to make exhaustive or continuous on -site inspections to check the quality or quantity of such work. SEH shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) or the safety precautions and programs incidental to the Short Elliott Hendrickson Exhibit A - 2 City of Hutchinson (Farm 1 QI0719a) . work of the Contractor(s). SEH efforts will be directed toward providing a greater degree of confidence for the Owner that the completed work of the Contractor will conform to the Contract Documents. but SEH shall not be responsible for the Contractor's failure to perform the construction work in accordance with the Contract Documents. During such visits and on the basis of on -site observations SEH will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractors. This obligation does not include anything related to safety. It is agreed that safety matters are Contractor's responsibility. 2. Review samples, schedules, shop drawings, the results of tests and inspections and other data which the Contractor is required to submit, bin only for confotmaoce with the design concept of the project and compliance with the information given in the Contract Documents. Such review shall not extend to means, methods, sequences, techniques or procedures of construction or to safely precautions and programs incidental thereto. SEH shall receive and review (for general content as required by the specification), mainteriance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by the Contractor in accordance with the Contract Documents. 3. Consult with and advise the Owner, act as the Owner §s representative at the Project site, issue all instructions of the Owner to the Contractor and prepare routine change orders as required. 4. Review the Contractor's Application for Paymem, d etermine the amo owing the Contractor and make recommendations to the Owner regarding the payment thereof SEH s recommendations constitute a representation to the Owner that to the best of SEH's knowledge, information and belief, the work has progressed to the point indicated on said application and the quality of work is in accordance with the Contract Documents subject to the results of an Documents test called for by the Contract Doc and any qualifications stated in their recommendations. SEFPs responsibilities under this paragraph are subject to the limitations set out in paragraph E.1. 5. Conduct a site visit to determine if the project is substantially complete. Such site visits may include representatives from the Owner. If the Contractor has fulfilled all of his obligations, SEH may give written notice to the Owner that the work is acceptable for final payment F. ADDITIONAL SERVICES I . If authorized by the Owner through a Supplemental Letter Agreement, SEH shall furnish additional services: a. Preparation of applications and supporting documents for government grants, loans or advances. b. Preparation or review of environmental assessment wo dcshe :ts and environmental assessment impact statements. o. Review and evaluation of any statements or documents prepared by others and their effect on the requests of the project. d. Additional services due to significant changes in the general scope of the Project or its design including but not limited to, changes in size, complexity of character or type of construction. e. Preparing Chang Orders or other services and supporting data or providing other services in connection with changed project conditions which are mconsiste t with the original design imern including, but not limited to, changes in project size, complexity, Owner's schedule, character of construction or method of financing. Short Elliott Hendrickson Exhibit A - 3 City of Hutchinson (Form 10In /M �i�r f. Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract. . g. Providing assistance in the start-up, testing, adjusting and balancing, preparation of operating and maintenance manuals, personnel training and consultation during operation of equipment or systems. h. Providing services after is suance to the Owner of the final Certificate for Payment. i Providing services of professional consultants for other than the normal services stated in the Agreement j. Preparation of descriptions for permanent and/or temporary easements k. Furnishing the Owner, on request, a set of reproducible record prints of drawings and u klenchnn drawings showing those changes made dining the construction process, based on the marked up prints, drawings and other data furnished by the Contractor to SEH. L Serving as an expert witness for the Owner in any litigation or other proceedings. m. Providing services for preparation of preliminary and final assessment rolls. n Assistance in connection with Bid protests, rebidding or re gpuatmg contracts for consnvcuon, materials, equipment, or services, except when such assistance is required by the Agreement. o. Providing construction surveys and staking to enable the construction contractor to perform its work and any type of property surveys or related engineering services needed for the transfer of interests in real property and providing other special field surveys. p. Providing Resident Project Representation as described in Exhibit D. q. Additional services not otherwise provided for in this Agreement. 2. Requited additional services SEH shall perform or furnish without requesting or receiving specific advance auilionzation from Owner include the types listed below. SEH shall advise Owner in writing promptly after starting anv such Additional Services. a. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner so as to make the compensation commensurate with the extent of the Additional Services rendered. b. Services in making revisions to Drawings and Specifications required by reviewing authorities or occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; and services after the award of the Construction Agreement in evaluating and detcnnmng the acceptability of a substitution which is found to be inappropriate for the Project or an excessive number of substitutions. c. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment or energy shortages. d. Additional or extended services during construction made necessary by (1) emergemcres or acts of God endangering the Work. (2) an occurrence of a Hazazdous Environmental Condition, (3) Work damaged by fire or other cause during construction, (4) defective, neglected, or delayed work by Contractor (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. e. Services in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. Short Elliott Hendrickson Exhibit A - 4 City of Hutchinson (Form iOM7IBa) 0 0 f Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work- Short Elliott Hendrickson (Form 10707198) Exhibit A - 5 City of Hutchinson 9`E9 EXHIBIT B TO AGREEMENT FOR PROFESSIONAL SERVICES Between City of Hutchinson (Owner) and Short Elliott Hendrickson Inc. (SEH) A. GENERAL OWNER'S RESPONSIBILITIES The Owner's responsibilities related to the services to be provided by SEH are generally as listed in this Exhibit B. Modifications to these responsibilities shall be made through Supplemental Letter Agreements. The Owner shall: 1. Provide full information as to its requirements for the services to be provided by SEH and SEH shall be entitled to rely on the accuracy and completeness thereof. 2. Assist SEH by finishing all available information pertinent to the services to be provided by SEH. All information available in electronic formats shall be provided in such formats suitable for use with current SEH systems and technology. 3. Gomwtee access to and make all provisions for SEH to enter upon public and private lands as required for SEH to perform its services under this Agreement 4. Provide such legal, accounting, finmcial and insurance counseling and other special services as may be required for the Project 5. Give prompt written notice to SEH whenever the Owner observes or otherwise becomes aware of any changes in the Project or any defect in the services being provided by SEH or makes or wishes to make changes in the Project 6. Famish television inspection of sewers, land surveys, soil borings, laboratory tests, material tests, soil tests and other special items pertinent to the Project and the services provided by SEH. 7. Be responsible for the accuracy of all data consisting of, but not limited to, computations, as- built drawings, electronic data bases and maps furnished by the Owner. The costs associated with conteung, creating or **ma*±ng atry data that is provided by the Owner that contains inaccurate or imusable information or is found to omit informaation necessary for SEH to perform its services are the responsibility of the Owner. 8. Promptly examine all studies, reports, sketches, opinions of construction costs, specifications, drawings, proposals and other documents pared by SEH and render the necessary decisions and instructions so SEH may continue in a timely manner to provide the services necessary for completion of the Project 9. Pay aH costs incidental to advertising for bids and acquiring regulatory or review agenciesO permits and/or approvals. Short Elliott Hendrickson Exhibit B - 1 City of Hutchinson (Form 0611 3/9e) 10. Designate a person to act as Owner's representative with respect to SEH's service to be performed; such person shall have complete authority to transmit instructions. receive information, and' eapret and define the Owner's policies and decisions with respect to service covered by this Agreemem. 11. Furnish or instruct SEH to provide. at the Owner's expense, additional services that become necessary to complete the work called for in this Agreement or to complete work added to the Project by the Owner or others and not related to the agreed responsibilities of SEH. 12. Furnish to SEH, prior to ary performance of services by SEH a copy of any design and construction stands and comprehensive plans which the Owner shall require SEH to follow or mcc potate into its wodc 13. Act promptly to review and approve or reject all proposed Change Orders and/or Supplemental Agreements. 14. Employ and pay the costs for an independent cost estimator as provided in Section VA 1. of the Agreement 15. Bear all costs incidental to compliance with the requirements of this Exhibit B. 16. Prior to commene®ent of construction of a project, Owner shall notify SEH of am notice or certification that SEH will be requested to provide to Owner or third parties m connection with the project. Owner and SEH shall reach agreement on the terms of any such re quested notice or certification, and Owner shall authorize such Additional Services as are necessary to enable SEH to provide the notices or certifications requested 0 B. ASSUMPTION OF RISKS The Owner and SEH agree that the risks of the Project and the costs related to those risks remain with the Owner or with others and that SEH does not asstrne any risks that are not specifically called out in the d a- Short Elliott Hendrickson (Form OGM 3198) Exhibit B - 2 City or mutcntrison F L 4 EXHIBIT C -1 TO AGREEMENT FOR PROFESSIONAL SERVICES Between City of Hutchinson (Owner) and Short Elliott Hendrickson Inc. (SEH) Dated PAYMENTS TO SEH FOR SERVICES AND EXPENSES USING THE HOURLY BASIS OPTION The Agreement for Professional Services is amended and supplemented to include the following agreement of the parties: A. HOURLY BASIS OPTION The Owner and SEH select the hourly basis for payment for services provided by SEH. SEH shall be compensated monthly. Monthly charges for services shall be based on SEITs current billing rates for applicable employees phis charges for expenses and equipment Current billing rates shall be either the Rate Table Method or Actual Billing Rates of Personnel Method as indicated in the Supplemental Letter Agreement 1. Rate Table Method - Current billing rates for employees shall be those listed on a standard rate table submitted and approved as part of this Agreement The employee rates in the approved rate tables shall include the cost of computers and cedular phones. The cost of other expenses and equipment shall be paid for as reimbursable expenses as identified in Paragraphs B and C of this Exhibit C -l. 2. Actual Billable Rates of Personnel Method - Applicable billing rates of employees shall be based on the actual payroll rates of personnel times a multiplier plus the cost of expenses and equipment outlined in Paragraphs B and C of this Exhibit C -1. SEH will provide an estimate of the costs for services in this Agreement. It is agreed that after 90 1 /6 of the estimated compensation has been earned and if it appears that complction of the services cannot be accomplished within the remaining 10% of the estimated compensation, SEH will notify the Owner and confer with representatives of the Owner to determine the basis for completing the work. Compensation to SEH based on the Rate Table Method is conditioned on completion of the work within the effective period of the rate table. Should the time required to complete the work be extended beyond this period, the mates in the Rate Table shall be appropriately adjusted. B. OTHER PROVISIONS CONCERNING PAYMENTS Invoices will be prepared in accordance with SEITs standard invoicing practices and will be submitted monthly to Owner by SEH, unless otherwise agreed. 2. Invoices are due and payable within 30 days of receipt If Owner fails to make any payment due SEH for services and expenses within 30 days after receipt of SEH's invoice therefor, the amounts due SEH will be increased at the rate of 1.0% per month (or the maxima n rate of interest permitted by law, if less) from said thirtieth day. In addition, SEH may, after giving seven days written notice to Owner, suspend services under this Agreement until SEH has been paid in full all amounts due Short Elliott Hendrickson Exhibit C-1 - 1 Clty of Hutchinson (Form 1=7/" for services, expenses and other related charm. Payments will be credited first to interest and then to principal. 3. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid 4. Should such taxes, fees or costs be imposed they shall be in addition to SElTs estimated total compensation. C. EXPENSES The following items involve expenditures made by SEH employees or professional consultants on behalf of the Owner. Them costs are not inchided in the hourly charges made for services and shall be paid for as described in this Agreement. 2. Lodging aid meal expense connected with the Project. 3. Fees paid, in the name of the Owner, for securing approval of authorities having jurisdiction over the Project 4. Report, plan and specification reproduction expeQsm- 5. Other special expenses required in connection with the Project 6. The cost of special rmsuha=s or technical services as required. The cost of aubcons ,ttaut services shall include actual expenditure plus 10% markup for the cost of administration and insurance. The Owner shall pay SEH monthly for expenses. D. EQUIPMENT UTILIZATION The utilization of specialized equipment, including automation equipment, is recognized as benefitting the Owner. The Owner, therefore, agrees to pay the cost for the use of such specialized equipment on the project SEH invoices to the Owner will contain detailed information regarding the use of specialized equipment on the project and charges will be based an the standard rates for the equipment published by SEH- The Owner shall pay SEH monthly for equipment utilization. Attachment: Curr m equipment and reproduction charge rates (attached after Exhibit C -3). h+ y Sdm d *W 0001LC<mmee..b l.&. • Short Elliott Hendrickson ExNM C-1 - 2 Cfly of Hutchinson (Form 1 a1177W E EXHIBIT C -2 TO AGREEMENT FOR PROFESSIONAL SERVICES Between City of Hutchinson (Owner) and Short Elliott Hendrickson Inc. (SEH) Dated PAYMENTS TO SEH FOR SERVICES AND EXPENSES USING THE LUMP SUM BASIS OPTION The Agreement for Professional Services is amended and supplemented to include the following agreement of the parties: A. LUMP SUM BASIS OPTION The Owner and SEH select the Lump Sum Basis for Payment for the services described in one or mars Suppiememal Letter Agreements. luring the course of providing its services, SEH shall be paid monthly based on SEITs estimate of the p ercentage of the wort completed Necessary expenses and equipment are provided as a part of SEITs services and are included in the initial Lump Stun amount Each Supplemental Letter Agreement shall itemize the expenses and equipment whose cost is included in the Lump Sum amount Total payments to SEH for work covered by the Lump Sum Agreement shall not cumed the hmap sum amount without written authorizati from the Owner. The Lump Sum amount includes compensation for SEITs services and the saviors of SEH's Consultmits, if any. Appropriate aruotmts have been incorporated in the initial Lump Sum to account for labor, overhead, profit, expenses and equipment charges. The Owner agrees to pay for other additional services, equipment, and expenses that may become necessary by amendment to complete SEITs services at their normal charge out rates as published by SEH or as available commercially. B. OTHER PROVISIONS CONCERNING PAYMENTS 1. Invoices will be prepared in accordance with SEITs standard invoicing practices and will be submitted monthly to Owner by SEH, unless otherwise agreed. 2. Invoices are due and payable within 30 days of receipt if Owner fails to make any payment due SEH for services and expenses within 30 days after receipt of SEH's invoice therefor, the amounts due SEH wi11 be increased at the rate of 1.0 per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, SEH may, after giving seven days written notice to Owner, suspend services under this Agreement until SEH has been paid in fill all amounts due for services, expenses and other related charges. Payments will be credited first to interest and then to principal- 3. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid 4. Should such taxes, fees or costs be imposed, they shall be in addition to SEH's estimated total compensation. Short Elliott Hendrickson Exhibit C-2 -I City of Hutchinson (Form 101071W C. EXPENSES The following items involve expenditures made by SEH employees or professional consultants on behalf of the Owner and shall be paid for as described in this Agreement, 1. Transportation and travel expenses. 2. Lodging and meal expenses connected with the Project 3. Fees paid for, in the name of the Owner, for seeming approval of authorities having jurisdiction over the Project. 5. Other special expenses required in connection with the Project, 6. The cost of special consultants or technical services as required The cost of subconsuham services shall include actual expendmires plus 10% marinip for the cost of administration and insurance The Owner shall pay SEH monthly for expenses. D. EQUIPMENT UTILIZATION The utilization of specialized equipment, including automation equipment, is recognized as benefiting the Owner. The Owner, therefore, agrees to pay the masonable cost for the use of such specialized equTnicat on the project Equipment provided by SEH will be billed to the Owner monthly. SEH invoices will cont detailed information regarding the use of specialized equipment on the project that is to be reimbursed by the Owner. Charges will be based on the standard rates for the equipment published by SEH. The Owner shall pay SEH monthly for equipment utilization. Attachmen Current equipment and reproduction charge rates (attached after Exhibit C -3) LWm�m�Ldm 0 Short Elliott Hendrickson Exhibit C -2 - 2 Cfty of Hutchinson (Form 1007M) Short Elliott Hendrickson Inc. Schedule of Expense Vehicle Mileage Rates Vehicle Allowance Costs Resident Project Representative - Personal Vehicle SEH Survey Van Computer Services Total Survey Stations FEug eermg Computers Compaq AutoCADD Computers SunSparc AutoCADD Computers Word Processing Computers Other Expenses far Authorization Traffic Counter Video Camera Boat Rental All Vehicles - $0.31 /mile 510.00 /day $4.50/honr + mileage 525.00/hour $7.00 to $12.00/hour h) $20.00/hour $23.00/hour $7.50/hour Additional Items as may be Required by the Owner to Fuifill the Terms of a Specific $25.00 /una/coimt $4.00/hour plus tape $50.00 /day Evaluation Equipment Gas Meter Tooke Gauge (Paint Identification) UT Gauge (Metal Thickness) Elcometcr (Adhesion Strength) Dry Film Thickness Gauge Safety Equipment which includes: Tripod/Retriever System, Belts, and Lanyards Identifiable Reproduction and Reprographic Costs $20.00 /day* $20.00 /day* $20.00 1day* $20.00 /day* $12.00 /day* $30.00/day' Item Large 11 x 17 8%: z 11 Per Item Acetate $5.00 $2.50 $1.25 - Mylar $6.50 $3.25 $2.00 - Blueline $0.60 $0.45 $0.40 - Photocopy - $0.15 $0.08 - Color Laser Copy - - $1.25 - Transparency - $1.50 $1.25 - Collating/Bindinp/Cover - - - $5.00 Mailing/processing _ _ - 55.00 ( `tDepends on capabilities of hardware and software, a operator time. *On projects extending one (1) week or longer, above costs should represent weekly rates. 4/97 L..J LJ EXHIBIT D TO AGREEMENT FOR PROFESSIONAL SERVICES Between City of Hutchinson (Owner) and Short Elliott Hendrickson Inc. (SEH) Dated A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE If requested by the Owner or recommended by SEH, and approved in writing by the other, 1) one or more full time Resident Project Represcu anves (RPR) will be fumed and directed by SEH in order to provide additional representation at the Project site during the construction phase. Through more adensive on -site observations of the wade in progress and field checks of materials and equipment by the RPR and assist SEH shall endeavor to provide further protection for Owner against defects and d in the work of Contractor; bin, the firmishing of such services will not make SEH responsible for or give SEH control over construction means, methods, techniques, sequences or procedures or for safely precautions or programs, or responsibility for Contractds failure to perform the Work in accordance with the Contract Documents. Ile duties and responsibilities of the RPR are limited to those of SEH in 1) The agreement between the Owner and SEH, and 2) in the construction Contract Documents, and 3) further limited as follows: A. GENERAL RPR is an agent of SEH at the site, will act as directed by and under the supervision of SEH, and will confer with SEH regarding RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in general be with SEH and Contractor keeping the Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Conractor. RPR shall generally commrmicate with Owner with the knowledge of and under the direction of SEH. B. DUTIES AND RESPONSIBILITIES OF RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with SEH concerning acceptability. 2. Conferences and Meetings; Attend meetings with Contractor, such as precensavction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof. 3. Liai a. Serve as SEH's liaison with Contractor, working principally through Contractor's supenntmdeot and assist in understanding the in= of the Contract Documents and assist SEH in serving as Crooner's lip with Contractor when Cis operations affect Owls on-site operations. b. Assist in obtaining from Owner additional details or information, when regoIIed for proper execution of the Work Short Elliott Hendrickson Exhibit D - 1 City of Hutchinson (Form 10WI 81 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. N b. Receive samples which are furnished at the site by Contractor, and notify SEH of availability of samples for examinati c. Advise SEH and Co ntractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by SEH_ i. Review of Work, Inspections, and Tests: a. Conduct on -site observations of the Work in progress to assist SEH in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to SEH whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contact Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required ed to be made; and advise SEH of Wade that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems start-ups and operating and maintenance trammg are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof, and observe, record and report to SEH appropriate details relative to the test procedures and start-ups. C L Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to SEH. 6. Interpretation of Contract Documents: Report to SEH when clarification and interpretations of the . Contract Documents are needed and trarnsmrt to Contactor clarifications and interpretations as issued by SEH. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to SEH. T ransmit to Contractor decisions as issued by SEH. 8. Records: a. M aintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, SEWS clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording Contractor hours on the job site, weather conditions, data relative to questions of Weak Directive Changes, Change Orders or aged conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to SEH. c. Record names, addresses and telephone munbers of all Contractors, subcontractors and major suppliers of materials and equipment 9. Reports a. Furnish SEH periodic reports as required of progress of the Work and of Ccmractoes compliance with the progress schedule and schedule of Shop Drawing and sample submittals. Short Elliott Hendrickson Exhibit D - 2 City of Hutchinson (Form IGWMM b. Consult with SEH in advance of scheduled major tests, inspections or start of important phases of the Work- c. Draft proposed Change Orders and Woik Directive Changes, obtaining backup material from Contractor and recommend to SEH Change Orders, Work Directive Changes, and Field Orders. d. Report immediately to SEH and Owner upon the occurrence of any accident 10. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with reccumm ations to SEH, noting particularly the relationship of the payment requested to the schedule of values, Wort completed and materials and equipment delivered at the site but not incorporated in the Work 11. Certificates, Maintenance and Operation Manuals: During the course of the Weals, verify that certificates, mrmtenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Canlract Documments, and have this material delivered to SEH for review and forwarding to Owner prior to final payment for the Wodc 12. Completion: a. Before SEH issues a Certificate of Substantial Completion, submit to Contractor a list of observed items *cgmirmg completion or correction. b. Conduct final inspection in the company of SEH, Crooner, and Contractor and prepare a final list of items to be completed or corrected c. Observe that all items on final list have been completed or corrected and make recommendations to SEH concerning acceptance. C. LIMITATIONS OF AUTHORITY Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by SEH. 2. Shall not exceed limitations of SEH's authority as set forth in the Agreement or the General Provisions to the Agreement or the Contract Documents 3. Shall not undertake any of the responsibilities of Contractor, subcontractors or Coniractoes superintendent 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advise or directions arc specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control aver safety prec arm and programs in connection with the Work 6. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 7. Shall not authorize Owner to occupy the Project in whole or in part 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by SEH. 0 Short Elliott Hendrickson Exhibit D - 3 City of Hutchinson (Form 10WJW 4--E Hutchinson Citv Center `J 0 DATE: November 17, 1999 111 Hassm Simi SE Hutchinson. ]IN 55350-2522 320.587- 5151/Fax 320-234+1240 MEMORANDUM TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF PRELIMINARY PLAT AND CONDITIONAL USE PERMIT TO CONSTRUCT A WALGREENS STORE AT STATE HIGHWAY 7 AND STATE HIGHWAY 15. Pursuant to Section 6.07 of Zoning Ordinance, Chapter 11, Hutchinson City Code, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a preliminary plat. HISTORY On October 10, 1999, Meridian Hutchinson LLC (TOLD Development Company) applied for a conditional use permit to construct a Walgreens Store on the property. The applicants also applied for a preliminary plat review on the same day. The Planning Commission reviewed this application, with a public hearing at their November 16, 1999 meeting. The Planning Commission requested that staff discuss access points further with MNDOT and the applicant. This caused the review at the City Council to be delayed until December 14, 1999. FINDINGS OF FACT 1. The required application was submitted. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, November 4, 1999. 3. The conditional use permit criteria were reviewed. 4- The current zoning of the property is C5. 5. The plan provides more parking than what is required by the City Code. 6. The parking spaces do not meet the minimum depth requirements. 7. The proposed signage exceeds the maximum square footage allowance for signs in this Zoning District. 8. The property is within the 100 year flood plain, although the proposed building elevation is above the flood plain. 9. There are major transmission pole guys that are located on the property and must be relocated. 10. The proposed perimeter lighting fixtures must match the downtown and Highway 7 lighting. 11. The City Forester has made recommendations on changing plant material within the landscaping plan. 12. The entrances off of Third Avenue cross railroad property. 13. The entrances onto Highway 7 should be further discussed with MNDOT and the applicant to reach a compromise. RECOMMENDATION The Planning Commission unanimously recommended approval of the conditional use permit with the following conditions: 1. Staff meeting with MNDOT and the applicant to resolve the access issues. 2. Remove extra parking spaces and revise parking spaces to proper depth. 3. Remove 230 square feet of signage from the plans. Printed on r ckd paper - Fr Findings of Fact — Walgreens/1'OLD Development Planning Commission November 17, 1999 Page 2 4. Lowest floor of the structure must be 1046.2. An as -built verification will be necessary. 5. Relocation of the utility lines are required. at the cost of the owner. 6. Lighting design must be changed to incorporate City lighting standards on the perimeter of the site. 7. The owner must provide a copy of the access agreement with the railroad. 8. Landscaping plan be changed to incorporate Forester's recommendations. TERMS: City reserves the right to review all conditional use permits at their discretion. The Planning Commission also unanimously recommended approval of the preliminary plat with the following condition: 1. Appropriate utility easements must be dedicated. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission CC: Curtis and Janel Reiter, 715 Goebel Street Southwest, Hutchinson MN 55350 Dale Harbanh, 14 Fourth Avenue Northwest- Hutchinson MN 55350 Meridan Hutchinson, LLC (Told Development) 6385 Old Shady Oak Road # 120, Eden Prairie MN 55344 Marty Campion, Otto Associates, 9 West Division, Buffalo MN 55313 Archnet, 1961 Greeley Street S, Greeley Square, Stillwater MN 55082 Patrick Weidemann, MNDOT, 2505 Transportation Road, Box 7W Willmar MN 56201 Robert Collett, 20596 State Highway 7, Hutchinson MN 55350 CITY OF HUTCHINSON PLANNING STAFF REPORT 11 0 • To: Hutchinson City Council From: Julie Wischnack, AICP, Director of Planning/Zoning/Building Date: December 7, 1999 — Meeting Date December 14, 1999 Re: Walgreens/Told Development — update since Planning Commission Meeting Staff was directed, by the Planning Commission, to discuss the access issues onto State Highway 7 with MNDOT and the applicant. The applicant has submitted a letter (December 2, 1999) explaining the developers position, after the meeting of November 30, 1999. MNDOT has also submitted a letter (December 7, 1999). The following outlines the issues and the positions of the developer and MNDOT: Request from Developer NU DOT's Position Full access for western entrance MNDOT has agreed that the western access can remain a full entrance, even after the five lane reconstruction is complete Eastern entrance remain after They would issue a temporary access permit reconstruction, unless determined which would expire and eliminate the "unsafe" access when the reconstruction is completed No comment in letter In the future there would be no left turns onto Third Street for North bound traffic on Highway 15 The MNDOT letter further requests the City to pass a resolution supporting the Plan for improvements to State Highway 7 and State Highway 15. If the Council chooses to support the MNDOT recommendations in the letter, staff would revise the resolution which has been provided in the packet. Council Considerations 1. Preliminary Plat — Staff and the Planning Commission have recommended one condition with the approval. 2. Conditional Use Permit — Staff and the Planning Commission have outlined the recommended conditions for the use. The access issue has not been included. Staff believes that MNDOT has compromised from their previous position of not allowing two access points onto State Highway 7. MNDOT has also conceded that the remaining access would be a "full" access, instead of right -in, right -out. 3. Resolution of Approval — If the Council chooses to approve the CUP and Preliminary Plat, the resolution must reflect the Council's position regarding access issues and MNDOT's request for support. CITY OF HUTCHINSON PLANNING STAFF REPORT 0 To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dick Scheiffer, Dolf Moon, Don Nelson, Gary Plotz, Jean Ward, John Rodeberg, John Olson, John Webster, Marc Sebora, Mark Hensen, Mark Schnobrich, Steve Madson, Christie Rock and Julie Wischnack Date: November 5, 1999 — Meeting Date November 16, 1999 Applicant: Told Development, applicant Curtis and Janel Reiter, owners Dale Harbarth, owner Brief Description The applicants are proposing two requests: preliminary plat and conditional use permit. The preliminary plat would provide one lot from the original eight lots. A conditional use permit is required because all uses within the C5 District require a special action. GENERAL INFORMATION • • Existing Zoning: C5 Property Location: Southwest comer of State Highway 15 and State Highway 7. North of Third Avenue Northwest. Existing Land Use: vacant and Dale's Auto Adjacent Land Use And Zoning- Gas stations to the north and northeast. Power plant to the east. River to the south. Zoning — C2 and I -C. Comprehensive Land Use Plan: Commercial Zoning History: A number of months ago, the Reiter's were proposing their pet hospital on the property. The Reiter's decided to place their building on Century Avenue and are in the process of selling this property. Applicable Regulations: Section 8.13, Chapter 11, Zoning Code and Section 12.10, Preliminary Plat P / Walgreens Preliminary Plat and CUP Planning Commission Review — November 16, 1999 Page 2 SPECIAL INFORMATION Transportation The site plan attempts to place two access points onto State Highway 7. At the predevelopment meetings and meetings with MNDOT, one access point, the most westerly, would be allowed. The reconstruction of State Highway 7 will most likely have a median and the westerly entrance may become right -in, right -out. The parking area is set back from main street to accommodate a widening of State Highway 7 and the turn area onto State Highway 15. There are also two entrances on the Third Avenue side. The sidewalk area has been extended to meet the parking lot. Parking The parking plan provides 103 parking spaces (4 of which are disabled). The parking requirements are 5.5 spaces per 1,000 square feet. The proposed building is 15,120 square feet, which equals 83.16 required spaces. Staff would suggest changing the site plan to remove the extra parking spaces to further enhance the open space area on the Highway 15 side. The code requires 8.5 feet by 20 foot parking spaces. The parking spaces are only 18 feet in depth, as proposed. These spaces would require modification. The loading area is on the Third Avenue side. The minimum requirement for a loading area is 12 feet by 65 feet. The minimum setbacks for parking areas have been met. Signage The proposed signage is 802.1 square feet. The allowance, by code, is 4 square feet per front foot of building (143 feet), which equals 572 square feet. Therefore, it seems the proposed signage exceeds the maximum allowance. The pylon sign proposed at the east entrance of State • Highway 7 is encroaching into the right of way. The minimum setback is 5 feet from the right of way. Flood Plain The lowest floor of the structure is proposed to be 1046.2, which is similar to the existing Dale's Auto building. This is the lowest possible floor elevation. The grading plan provides the proposed contour information. There is a lot of filling in the area of the building to raise it to the proper elevation. Utilities Major transmission pole guys are located on the property. The poles need to be moved or rebuilt. The movement or rebuilding costs would be the responsibility of the applicant. There may be many a number of abandoned services in the area. Staff would recommend disconnecting these services. Lighting Proposed lighting fixtures are provided in the plan. Staff requested, at the predevelopment meeting, that fixtures should be placed along the outer perimeter that match the existing acorn lighting in the downtown and along Highway 7. (Ordinance #96 -464) 0 0 Walgreens Preliminary Plat and CUP Planning Commission Review — November 16, 1999 Page 3 Landscaping The C5 Zoning District requires 15 -20% of the site must be in a landscaped use. This comer is an integral pan of the downtown area, as it the "gateway" not only from the east, but from the west and north. Staff feels it is important to create a downtown oriented "look" for the project. The City Forester has made the following recommendations for landscape plan: Plan Species Recommended Species Red Oak Burr Oak White Fir Burr Oak or Eastern Red Cedar Northwood Maple Freemanii "Armstrong" Colorado Blue Spruce White Spruce (Picea Glauca or P. Glauca "Densata" Japanese Spreading Yew Junipers (either pepins or "sea greed') South side of property Add Mugo pine, Hawthorn "crusgalli intermis or "crustier" Railroad The two entrances from Third Avenue cross railroad property. The owners have an agreement with the railroad for access. Staff is requesting a copy of that agreement. The railroad area is a possible location for the relocated electrical lines. Recommendation: Staff met to discuss the plan and recommend approval of conditional use permit with the following conditions: 1. Remove second access (east) from plans. 2. Remove extra parking spaces and revise parking spaces to proper depth. 3. Remove 230 square feet of signage from the plans. 4. Lowest floor of the structure must be 1046.2. An as -built verification will be necessary. 5. Relocation of the utility lines are required at the cost of the owner. 6. Lighting design be changed to incorporate City lighting standards on the perimeter of the site. 7. The owner must provide a copy of the access agreement with the railroad. 8. Landscaping plan be changed to incorporate Forester's recommendations. Staff also recommends approval of the preliminary plat with the following condition: I. Appropriate utility easements be dedicated. cc: Curtis and Janel Reiter, 715 Goebel Street Southwest, Hutchinson MN 55350 Dale Harbarth, 14 Fourth Avenue Northwest, Hutchinson MN 55350 Meridan Hutchinson, LLC (Told Development) 6385 Old Shady Oak Road #120, Eden Prairie MN 55344 Mary Campion, Ono Associates, 9 West Division, Buffalo MN 55313 Archnet, 1961 Greeley Street S, Greeley Square, Stillwater MN 55082 Patrick Weidemann, MNDOT, 2505 Transportation Road, Box 768, Willmar MN 56201 Robert Collett, 20596 State Highway 7, Hutchinson MN 55350 Publication No 6083 PUBLISHED IN THE HUTCHINSON LEADER Thursday, November 4, 1999 Notice of Public Hearing CITY OF HUTCHINSON COUNTY OF MCLEOD STATE OF MINNESOTA 111 Hassan Street, Hutchinson MN 55350 phone (320) 587 -5151, ext. 258 fax(320)234-4240 Notice is hereby given the Hutchinson Planning Commission will be holding a meeting in the Council Chambers, at City Hall on Tuesday, November 16, 1999, at 5:30 p.m. for the purposes of holding a public hearing regarding an application from: Meridian Hutchinson LLC d/b /a TOLD Development Company, Eden Prairie, MN, (Curtis and Janel Reiter and Dale Harbarth, owners) is requesting a preliminary plat and conditional use permit to construct a Walgreens Store on the southwest comer of the State Highway 7 and State Highway 15 intersection. The following is a map which identifies the location of the property: s 3 9 1 4T .1 2 11 12 y 9 2 Q 7 OH T.y 7 `� 5 &22 a i^h 10 9 8 4� 4 2 Al THIRD AVE NW T EHEIM PARK 20 Mdkabs LO ado. or Propuly All persons wishing to be heard regarding this application should appear at this meeting or provide written comments no later than 4:30 p.m. on Tuesday, November 16, 1999. Plans and materials are available at the city offices for review, b appointment. A complete agenda of the Planning Commission meeting is also available at the City offices. If you have questions about the proposal, you may contact the Planning Department at the number provided. City A inistr r November 4. 1999 Date F- PATCHING HE I Ail IU NI MI .W nvW XryGH 1M CLEAN -OUT STRUCTURE PRELI MINARY UTILITY PLAN' X59 :FT un Ct nF 9 SHFFIS m ^oC+? sor Minnesota Department of Transportation District 8 - - -_ 2505 Transportation Road OF P.O. Box 768 Willmar, MN 56201.0768 December 7, 1999 Ms. Julie Wischnack Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -1286 Dear Ms. Wischnack: Office Tel: 320/231 -5195 Fax: 320/231 -5168 This letter is in response to your request for a formal review and comment from Mn/DOT on the site plan for proposed the Walgrem's store at the southwest comer of the junction of TH 7/22 & TH 15. As Mn/DOT has mentioned at previous meetings, we are concerned about Walgreens locating at this location. The intersection of TH 7122 & TH 15 has had previous accident concerns as well as some capacity issues that were identified in the joint Hutchinson Transportation Plan which was completed in June of 1998. After reviewing the latest site plan proposal, Mn/DOT has the following comments: A. Mn/DOT will agree to a full access entrance on the western limit of the property, which will remain a full access entrance even after the 5 -lane reconstruction project is completed, provided the property owner will dedicate full access control to the Slate for all the remaining access locations which are adjacent to State property acrd close them accordingly. B. A temporary access permit will be granted for the requested eastern entrance into the property. Mn/DOT would like the location of this entrance to be approximately where it is shown on the site plan. This temporary access permit will expire and the access point will be eliminated upon M&DOT's completion of the 5 -lane reconstruction project. Please note that Mn/DOT will require that the access be dedicated as controlled and removed as a part of the temporary permit process. C. There will be no direct access to TH 15 from the property. Access to TH 15 southbound can be achieved via 3^ Street. 0 An equal opportunity employer P- F, D. Mn/DOT requests a resolution of support from the City of Hutchinson endorsing the proposed Hutchinson Transportation Plan recommendations for the TH 7 and TH 15 intersection. in order to build the improvements to TH 7 and TH 15 that were identi feed by the Plan as needed, Mn/DOT must construct a median across TH 15 at 3 Street and prevent traffic from turning from 3 Street to northbound TH 15. A resolution of support from the City for the Plan would send a signal to MrVDOT that the City is aware that 3' Street will not have access to northbound TH 15 and supports the proposed improvements as listed in the Plan. E. Mn/DOT requests the City consider requiring sufficient set -back for the building and parking to allow TH 7122 to be widened without causing major compensatory damages to Walgreca's puking or building (Mn/DOT is flexible and willing to work with all parties on this issue). If there are no additional concerns based upon these comments, Told Development may proceed with requesting an entrance permits from Mn /DOT when they are ready to develop. If you have any questions or concerns about Mn/DOT's comments, please feel free to contact me at the number listed above or our Hutchinson Regional Engineer, Dave Johnston at the HATS facility in Hutchinson. Sincerely, Patrick J. Weidemann, Transportation Planner cc: Dave Johnston Keith Voss Dave Solsrud John Rodeberg A A A @TOLD DEVELOPMENT COMPANY December 2, 1999 Julie Wischnack City of Hutchinson 111 Hassan Street S.E. Hutchinson, MN 55350 Dear Julie: In accordance with your request, this letter is intended to clarify our position on the requested access points to Highway 7 as shown on our proposed site plan. Our position is consistent with the conversations held in our 11/30/99 meeting between City of Hutchinson staff, MnDOT, and myself. We understand that a roadway improvement project is tentatively scheduled for 2006, and that if this project were to proceed a median would likely be constructed past the eastern most access on our property. In addition, a median would be built on Main Street that would prohibit left hand turns from Main Street onto Third Street and vice versa. For our development to be successful, we are asking for both access points shown on Highway 7 to function as full access locations, allowing a car to enter from both the westbound and eastbound directions, and to leave the property in either direction as well. If this project did in fact take place, the median would force the eastern access to function as a right- in/right -out only, allowing access into the property only from the west, and allowing cars to travel only eastbound when leaving the property. We feel that this would be a safe condition. In the event that this condition is deemed unsafe, TOLD would allow the access to be closed without cost provided the western access point remained a full access, and not be reduced to a right- in/right -out. The determination of "unsafe" could be made by an independent traffic engineer either before the roadway improvement project is started, or by review of the traffic patterns upon completion. The selection of the traffic engineer could be agreed to by the City, MnDOT and TOLD in advance. By having the two access points for a minimum of six years, Walgreens will have had the opportunity to establish a customer base in Hutchinson. To allow only one access point, as MnDOT has suggested, would not provide this opportunity. MnDOT's position is based in part on traffic design, but also to a great extent on the • anticipated cost of access and property condemnation. We have allowed for an expanded MINNEAPOLIS • MILWAUKEE 6385 Old Shady Oak Road, Suite 120 • Eden Prairie. MN 55344 • (612) 278 -9000 Fax (612) 2787574 December 2, 1999 Julie Wischnack Page 2 green space along Main Street in part to allow room for a future right turn lane from Highway 7 onto Main Street without the need to condemn parking stalls or other improved land. Our plan also reduces the number of access locations on the property from five to two. This, along with giving up the eastern access without compensation if unsafe, should greatly reduce the cost of acquiring right -of -way. In closing, I would like to suggest that any successful development on this property will require access to Highway 7, and will be an issue for all proposed developments whether ours or someone else's in the future. Our proposal brings significant long -term investment and tax base creation to Hutchinson by a national company with a strong financial position. We hope that you will see all aspects of our proposal as a positive to your community. Sincerely, +!�� j� Michael P. Kalscheur Assistant Director — Real Estate MPK/sah RESOLUTION NO. 11368 0 RESOLUTION GIVING APPROVAL OF A CONDITIONAL USE PERMIT AND PRELIMINARY PLAT AS SUBMITTED BY TOLD DEVELOPMENT, CURTIS AND JANEL REITER AND DALE HARBARTH WHEREAS, Meridan Hutchinson LLC (TOLD Development), Curtis and Janel Reiter, and Dale Harbarth, applicant and property owners, have submitted a preliminary plat for subdivision and a conditional use permit in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, the property is legally described as attached in Exhibit A. and WHEREAS, said plat and conditional use permit are, in certain respects, consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That said preliminary plat of the Meridan Subdivision is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota subject to the following conditions: 1. Appropriate utility easements must be dedicated. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the conditional use permit for the Walgreens site plan is hereby approved and accepted with the following conditions: 1. Remove extra parking spaces and revise parking spaces to proper depth. 2. Remove 230 square feet of signage from the plans. 3. Lowest floor of the structure must be 1046.2. An as -built verification will be necessary. 4. Relocation of the utility lines are required, at the cost of the owner. 5. Lighting design must be changed to incorporate City lighting standards on the perimeter of the site. 6. The owner must provide a copy of the access agreement with the railroad. 7. Landscaping plan be changed to incorporate Forester's recommendations. 8. The access onto State Highway 7 roust be resolved prior to issuance of a building permit and consideration of a final plat. Adopted by the City Council this 14th day of December, 1999. 0 ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor �- F EXHIBIT A DESCRIPTIONS FOR PRELIMINARY PLAT MERIDIAN ADDITION Parcel 1 All that part of Lots One (1) and Two (2), Block 21 in the Townsite of Hutchinson, North One -half (N1 /2) according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for McLeod County, Minnesota, described as follows, to -wit: BEGINNING at the Northeast comer of the above - described Lot 1, Block 21, thence South along the East line of Lot 1 to a point which is eight feet (81 North measured at right angles from the center line of Minnesota Western Railway spur track known as the house track I.C.C. # 38, thence Westerly parallel and distant eight feet (8) measured at right angles from the center line of said spur track to the West line of the above-described Lot 2; thence North to the Northwest comer of said Lot 2; thence Southeasterly along the North boundary line of the said Lot 2 and the said Lot 1 to the POINT OF BEGINNING. Abstract Property. Parcel 2: Lots Three (3) and Four (4), Block 21, Townsite of Hutchinson, McLeod County, • Minnesota, North One -half (N1/2), excepting therefrom the South Seventy -Five feet (75') thereof, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for McLeod County, Minnesota. Abstract Property. Parcel 3: Lot 5, Block 21, in the North Half of the City of Hutchinson, except the South 75 feet thereof, according to the recorded plat thereof, and situated in McLeod County, Minnesota. Abstract Property. Parcel 4: That part of Lots One (1) Two (2) Three (3) Four (4) and Five (5) all in Block Twenty-One (21) in the Townsite of Hutchinson, North Half and the North 16.5 feet of that part of Fourth Street (now known as Third Avenue Northwest) lying Southerly of and adjoining said Block 21, lying Southerly of the following described line: 40 Commencing at a point on the Easterly line of Lot 1, said Block 21, lying 31.49 feet Northerly of the Southeast comer thereof, which point is distant 8 feet Northeasterly, measured at right angles or radially, from the center line of Minneapolis Industrial Railway spur or house track I.C.C. #38, being the most Northerly side track Northerly of the main track of said Railway Company, as said tracks were located on January 15, 1973; thence North 74 degrees 1 minute 28 seconds West (parallel to said spur or house track center line as the same was located on January 15, 1973) a distance of 50.00 feet; thence Northwesterly and Westerly along a tangential curve to the left having a radius of 3000 feet and a chord bearing North 80 degrees 24 minutes 54 seconds West (parallel to said spur or house track center line as the same was located January 15, 1973) a distance of 93.76 feet, more or less, to the West line of Lot 2, being also the East line of Lot 3, said Block 21; thence Northerly along the West line of Lot 2, being also the East line of Lot 3, a distance of 14.89 feet, more or less to a point on the North line of the South 75.00 feet of said Lot 3; thence North 89 degrees 41 minutes 40 seconds West along the North line of the South 75.00 feet of said Lot 3 and of Lots 4 and 5 in said Block 21 a distance of 210.82 feet, more or less, to a point on the West line of Lot 5, being also the East line of Lot 6, said Block 21; thence Northerly along the West line of Lot 5, being also the East line of Lot 6, said Block 21, a distance of 33.43 feet, more or less, to a point on the East line of Lot 6 lying 108.47 feet Northerly along said East line from the Southeast comer of said Lot 6; thence North 89 degrees 41 minutes 40 seconds West a distance of 70.02 feet, more or less, to the West line of Lot 6, being also the East line of Lot 7, said Block 21; thence Northerly along the West line of Lot 6, being also the East line of Lot 7, said Block 21, a distance of 23.45 feet, more or less, to the • intersection with the Easterly extension of the North line of the South half of Lots 9 and 10, as described in Book U of Deeds, page 354 (being also the North line of the South half of Lots 7 and 8); thence Westerly along said Easterly extension of the North line of the South half of Lots 9 and 10 (being also the North line of the South half of Lots 7 and 8) to the Westerly line of Lot 8, said Block 21, and there terminating. And lying Northerly of a line drawn parallel with and eight and one -half (8 112) feet Northerly, measured at right angles, from the centerline of the main track of the Burlington Northern Inc., as said main track is now laid out and located. Being registered land as is evidenced by Certificate of Title No. 6715 Parcel 5: That part of Lots Six (6) Seven (7) and Eight (8) in Block Twenty-One (21) in the Townsite of Hutchinson North Half and the North 16.5 feet of that part of Fourth Street (now known as Third Avenue Northwest) lying Southerly of and adjoining said Block 21, lying Southerly of the following described line: Commencing at a point on the Easterly line of Lot 1, said Block 21, lying 31.49 feet Northerly of the � 1 U Southeast comer thereof (which point is distant 8 feet Northeasterly, measured at • right angles or radially, from the center line of Minneapolis Industrial Railway spur or house track I.C.C. #38, being the most Northerly side track Northerly of the main track of said Railway Company, as said tracks were located on January 15, 1973; thence North 7,4 degrees 1 minute 28 seconds West (parallel to said spur or house track center line as the same was located on January 15, 1973) a distance of 50.00 feet; thence Northwesterly and Westerly along a tangential curve to the left having a radius of 3000 feet and a chord bearing North 80 degrees 24 minutes 54 seconds West (parallel to said spur or house track center line as the same was located on January 15, 1973) a distance of 93.76 feet, more or less, to the West line of Lot 2, being also the East line of Lot 3, said Block 21; thence Northerly along the West line of Lot 2, being also the East line of Lot 3, a distance of 14.89 feet, more or less to a point on the North line of the South 75.00 feet of said Lot 3; thence North 89 degrees 41 minutes 40 seconds West along the North line of the South 75.00 feet of said Lot 3 and of Lots 4 and 5 in said Block 21 a distance of 210.82 feet, more or less, to a point on the West line of Lot 5, being also the East line of Lot 6, said Block 21; thence Northerly along the West line of Lot 5, being also the East line of Lot 6, said Block 21, a distance of 33.43 feet, more less, to a point on the East line of Lot 6 lying 108.47 feet Northelry along said East line from the Southeast comer of said Lot 6; thence North 89 degrees 41 minutes 40 seconds West a distance of 70.02 feet, more or less, to the West line of Lot 6, being also the East line of Lot 7, said Block 21; thence Northerly along the West line of Lot 6, being also the East line of Lot 7, said Block 21, a distance of 23.45 feet, more or less, to the intersection with the . Easterly extension of the North line of the South half of Lots 9 and 10, as described in Book U of Deeds, page 354 (being also the North line of the South half of Lots 7 and 8); thence Westerly along said Easterly extension of the North line of the South half of Lots 9 and 10 (being also the North line of the South half of Lots 7 and 8) to the Westerly line of Lot 8, said Block 21, and there terminating and lying Northerly of a line drawn parallel with and eight and one -half (8 112) feet Northerly, measured at right angles, from the centerline of the main track of the Burlington Northern Inc., as said main track is now laid out and located EXCEPT the West 20 feet of said Lot 8 and except the West 20 feet of the North 16.5 feet of that part of Fourth Street (now known as Third Avenue Northwest) lying Southerly of and adjoining said Lot 8, Block 21 Being registered land as is evidenced by Certificate of Title No. 8907 Parcel 6: That part of Lots 6, 7 and 8 of Block 21, NORTH HALF OF HUTCHINSON, lying northerly of a line described as follows: Commencing at a point on the east line of Lot 1 of said Block 21, a distance of 31.49 feet northerly from the southeast comer of said Lot 1, said point being 8 feet northeasterly as measured at a right angle, from the centerline of Minneapolis Industrial Railway spur of house track I. C. C. No. 38, being the most northerly side track northerly of the main track of said Railway Company, as said tracks were located on January 15, 1973; thence North 74 degrees 01 minute 28 seconds West, parallel with said spur track centerline as said tracks were located on January 15, 1973 (the south line of said Block 21 is assumed to have a bearing of South 89 degrees 41 minutes 40 seconds East) a distance of 50.00 feet; thence westerly, parallel with said spur track centerline as said tracks were located on January 15, 1973, a distance of 93.76 feet along a non - tangential curve, said curve is concave to the south, has a radius of 3000.00 feet and a central angle 1 degree 47 minutes 26 seconds and the chord of said curve bears North 80 degrees 24 minutes 54 seconds West, to the east line of Lot 3 of said Block 21; thence northerly, along the east line of said Lot 3, a distance of 14.89 feet to the north line of the South 75.00 feet of said Lot 3; thence westerly , along the north line of the South 75.00 feet of said Lot 3 and Lots 4 and 5 of said Block 21, a distance of 210.82 feet to the east line of Lot 6 of said Block 21; thence northerly, along said east line of Lot 6, a distance of 33.43 feet to a point 108.47 feet northerly from the southeast comer of said Lot 6, as measured along the east line of said Lot 6 to the point of beginning of the land to be described; thence westerly, parallel with the south line of said Block 21, a distance of 70.02 feet to the west line of said Lot 6; thence northerly, along said west line of Lot 6, a distance of 23.45 feet to the intersection with the easterly extension of the north line of the South Half of Lot 10 of said Block 21, as said north line is described in Book U of Deeds on Page 354 in the office of the County Recorder of McLeod County, Minnesota; thence westerly, along said easterly extension, a distance of 138.76 feet to the west line of Lot 8 of said Block 21 and said line there terminating. Except therefrom the West 20.00 feet of said Lot 8. Abstract Property 0 Memorandum TO: Mayor and Council FROM: Brenda Ewing, Human Resources/Transit Coordinator RE: Severance Package Consideration DATE: December 7, 1999 Attached is information regarding a proposal for a severance package for those employees whose positions will be eliminated as a result of the incorporation of the City transit service (Hutchmobile) into the dual county Trailblazer Transit system. The basic formula for the severance package is as follows: 1. One week of pay for each year of transit service employment with the City (prorated for part time employees). 2. One week of insurance coverage (City portion of premium) for each year of transit employment with the City (full time only). It is requested that you review this information and consider adopting this severance proposal at the December 14 council meeting. As you are aware, the City transit system will be incorporated into the Trailblazer system as of January 1, 2000. If you have any questions regarding this information, please contact me. Enc. cc: Marc Sebora, City Attorney Gary Plotz, City Administrator �-G Severance Proposal Transit Package proposals are based on the formula of 1 week severance pay for each year worked. The packages for part time employees are prorated according to this formula based on the actual number of hours worked as compared to full time (2080 hours). Part time hours worked have been averaged per the employee's tenure. Proposal are based on employees working through December 31, 1999. Years of Prorated % Years of Service Employee Name Date of Hire Service of Full Ti m Computed to Hours Hourly Rate Severance Pay Bakken, Diane 06/07/1996 seasonal 05/19/1998 PT 1.6 39% 25 $10.35 $258,75 Ewen, Corinne 08/25/1998 PT 1.4 57% 32 $9.82 $314.24 Krueger, Gloria 11/15/1976 PT 23.1 42% 388 $10.08 $3,91104 Powell, Delores 11/24/1979 PT 20.1 40% 322 161 $12.33 $1,985.13 161 $10.03 $1,614.83 $3,599.96 Runke, Bruce 4/88 to transit 1115 n/a 470 $12.72 $5,97840 03/11 /1980 TOTAL COST $14,062.39 - 1� �J Health /Dental Insurance Severance Proposal Transit Package proposals are based on the formula of 1 week of insurance coverage for each year worked. As part time employees are not eligible for health /dental insurance coverage, no insurance severance is proposed for said employees. Years of Weeks of Monthly Monthly Employee Date of Service/Wks Coverage Health Prem. Dental Prem. Total Total Name Hire of Cover In Months Family Coy. Family Coy, Health Costs Dental Costs Runke, Bruce 4 -88 11.75 3 $392.00 $46.00 $1,176.00 $138.00 TOTAL $1,314.00 ° � UK ar CITY OF HUTCHINSON RESOLUTION NO. 11373 2000 TAX LEVY FOR CITY OF HUTCHINSON, MINNESOTA • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT a NET ( after HACA deductions) tax levy for the City of Hutchinson for 2000 is hereby set in the amount of $3,269,023 The detail for this levy is as follows: Improvement Bonds Before 0 After • 1989 74,500 HACA HACA HACA General 2,387,426 45,415 179,585 Armory 7,000 36,332 143,668 Equipment Cert. 13,516 35,323 139,677 Total General Fund 2,407,942 568,494 1,839,448 General Obligation Bond 190,000 38,351 (17,700) Library 83,800 16,915 66,885 Recreation Building 53,000 10,698 42,302 H.A.T.S. Facility 156,400 31,569 124,831 Total Gen. Obligation Bond 293,200 59,181 216,319 Improvement Bonds Adopted by the City Council thisl4th day of December 1999 Marlin Torgerson Mayor ATTESTED: Gary D. Plotz • City Administrator I 0 (25,000) • 1989 74,500 74,500 15,038 59,462 1990 225,000 225,000 45,415 179,585 1991 180,000 180,000 36,332 143,668 1992 175,000 175,000 35,323 139,677 1993 150,000 150,000 30,277 119,723 1994 190,000 190,000 38,351 151,649 1995 269,400 269,400 54,377 215,023 1996 108,000 108,000 21,799 86,201 1997 167,700 167,700 33,850 133,850 1998 167,700 11,800 2,382 9,418 Total Improvement Bond 1,551,400 313,144 1,213,256 TOTAL TAX LEVY 4,252,542 940,819 3,269,023 Adopted by the City Council thisl4th day of December 1999 Marlin Torgerson Mayor ATTESTED: Gary D. Plotz • City Administrator I CITY OF HUTCHINSON RESOLUTION NO. 11374 • RESOLUTION ADOPTING THE GENERAL FUND BUDGET FOR FISCAL YEAR 2000 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 2000, 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 Taxes $1,852,448 Licenses 34,600 Permits 246,200 Intergovernmental Revenues 2,490,133 Charges for Services 1,159,781 Fines & Forfeits 60,000 Interest 51,000 Surcharges 500 Transfers 1,219, 950 Reimbursements 110,226 TOTAL AVAILABLE $7,224,838 REQUIREMENTS • APPROPRIATIONS Personal Services $4,470,987 Supplies 377,148 Consulting 328,708 Other Services & Charges 1,246,379 Debt Service 93,673 Transfers Out 496,556 Sales 4,000 Miscellaneous 147,791 Capital Outlays 59,595 Total Appropriations $7,224,837 This resolution also authorizes establishment of budgeted cost of living adjustment of 1.5 % and performance adjustments as outlined and following adopted City Council policies Adopted by the City Council this 14th day of December 1999 Martin Torgerson Mayor • ATTESTED: Gary D. Plotz City Administrator ' CITY OF HUTCHINSON MEMO Finance Department October 26, 1999 The League' of Minnesota Cities Insurance Trust (LMCIT) offers coverage for Y2K. We will be receiving a quote on this coverage by Tuesday for council consideration. We did not budget for this in 1999 nor 2000 and it is my understanding for this coverage must • carry the policy for 2 years. We have an estimate of between $6,000 and $8,000 for the coverage. We will have more details Tuesday and have Dennis Potter, our insurance agent, on hand to answer questions if the city would want to have this coverage. H. \o \c Mll.xeD • M. • LMC Leagaa of Minnesota Cities Cities promoting e=elle " November 18, 1998 To: LMCIT member cities and agents From: Pete Tritz Re: Coverage for risks related to Year 2000 problems ,, 1998 C!r _ dSON The LMCIT Board has approved a program to provide coverage for liability and other risks related to Y2k problems. For coverage written or renewed on or after November 15, 1998, Y2k risks will be addressed as follows: Basic Coverage The basic coverage that each city will automatically receive provides only very limited coverage for Y2k- related risks: • • There will be a $25,000 annual aggregate limit on liability coverage for claims relating to Y2k problems. Both damages and defense costs are included within this limit. • There will be a $5000 limit for Y2k- related extra expenses. • Both the liability and the extra expense coverage are subject to a 15% city co -pay. Expanded Y2k Coverage Cities will have the option to purchase Expanded Y2k Coverage if the city 1) Has made reasonable efforts to identify and correct Y2k problems; and 2) Has developed contingency plans for dealing with potential Y2k problems that were unanticipated, not able to be corrected, or outside the city's control. A city can meet these criteria by following and documenting the procedures recommended in the LMC/LMCIT "Year 2000 Action Guide ". Each LMCIT member has received a copy of the Guide. • 145 University Avenue West, St. Paul, I1N 55103 -2044 Phone: (612) 281 -1200 • (800) 925 -1122 Fax: (612) 281 -1299 • TDD (612) 281 -1290 AN EQUAL OPPORTUNITY /AFFIRNL ACTION EMPLOYER S _ Under the Expanded Y2k Coverage: • There is a $750,000 annual aggregate coverage limit for Y2k - related liability claims. Both damages and defense costs are included within this limit. • There is a $25,000 limit of coverage for Y2k- related extra expenses. • Both the Y2k liability coverage and the Y2k extra expense coverage are subject to a 15% city co -pay. • The charge for the Expanded Y2k Coverage will equal 5% of the city's annual liability premium and 2% of the city's annual property premiums. The LMCIT's Y2k coverage program is a unique approach to a unique and unprecedented set of problems and risks that cities are faced with. Because it's different from anything we've done before (or anyone else has done, for that matter), there will probably be a lot of questions. We've tried to answer some of those questions on the following pages. What's the big deal with liability for Y2k problems? Even if our computers don't work right, how could that result in a liability claim against the city? Actually, "computers" per se probably aren't the biggest problem. The "embedded chip" • electronic devices that may be found in a wide variety of city systems — like water, sewer, dispatching, etc. — are probably the bigger concern. Y2k failures in other parties' systems — electric utilities, for example — could also result in liability claims against the city. Here are a few examples of how Y2k problems might result in liability claims against the city: • An electronic control that monitors water levels in the water tower malfunctions because of a Y2k problem. The water level drops, leaving the fire department without sufficient water to fight a fire that has broken out. The burning building is destroyed, and the owner sues the city. The electric utility that serves the city encounters a Y2k problem with its equipment, and the power goes off as a result. Because the lift stations aren't functioning, sewers back up into houses all over town. The homeowners sue the city for their damages. • Because of a Y2k problem, the paging system for the city's volunteer ambulance attendants doesn't work. That causes a delay in responding to an accident, and the delay in providing needed emergency treatment makes the injured person's injuries worse. The injured person sues the city. • So if the power goes out and the sewers back -up, LMCIT would pay for the • damages caused by the sewer back -ups? Yes, if the city is in fact legally liable for those damages. We need to distinguish between coverage and liability. The LMCIT liability coverage would cover this kind of claim against the city. That means LMCIT would defend the claim on behalf of the city, and pay the damages if the city is liable. But whether the city is actually liable for those damages is a legal issue that the courts would decide. Actually, for a city that has qualified for LMCIT's Expanded Y2k Coverage, this kind of claim should be pretty defensible. That city should be in pretty good shape to demonstrate that the city wasn't negligent, since the city had made a reasonable effort to identify and correct Y2k problems. What's covered under the "Y2k extra expense" coverage? This will cover additional costs the city incurs in responding to a Y2k- related problem that develops. Here are some examples of the kinds of costs that would be covered: • The extra cost to have an officer directing traffic at an intersection because the traffic lights aren't working because of a Y2k problem • The extra cost for personnel needed to operate the water system manually, because of • a Y2k problem with the system's electronic controls • The cost to rent a generator to keep the lift station runnin while the power is out because the utility company has a Y2k problem. There are a couple kinds of costs that we'd emphasize are not covered by the Y2k extra expense coverage: • The cost to diagnose and fix the Y2k problem in the equipment, or to replace equipment that's been rendered unusable by a Y2k problem. • The extra overtime or other costs the city incurs to have necessary personnel standing by or on duty and prepared to respond in case a Y2k problem develops. You could think of the Y2k extra expense coverage as helping to pay for the cost of implementing your contingency plan in response to a Y2K problem that actually occurs. But it doesn't pay for the costs you incur just in getting ready and being ready; and it doesn't pay for the cost to fix or replace your equipment to eliminate the Y2k problem for the future. • What do we have to do to qualify for the Expanded Y2k Coverage? There are basically three things the city needs to do: • • The city needs to make a reasonable, systematic effort to identify and correct potential Y2k problems in its various systems. The city needs to do some contingency planning, so as to be ready to respond in case there are Y2k problems with city systems. • The city needs to document and keep good records of its efforts to identify and correct Y2k problems, and of its contingency planning. The "Year 2000 Action Guide" that we've sent to all cities outlines a practical approach cities can follow to get these tasks done. The Guide also contains model forms, reference materials, and a lot of other Y2k- related information as well. The Guide will be supplemented and updated throughout the year, and cities will also receive a monthly Y2k newsletter beginning in January. We anticipate that the most cities will be able to meet the requirements to qualify for coverage. We'd particularly emphasize the importance of the "Y2k Assessment Worksheet ", found on page 33 in Chapter 4 of the Guide. These records will be one of the key pieces of documentation that we'll be asking you to send to LMCIT's underwriters, to evaluate whether the city will quality for the expanded Y2k coverage. • Our city's coverage renews in January. We're working on Y2k, but there's no way we'll be able to qualify for the Expanded Y2k Coverage in time for our renewal. What do we do? Actually, we anticipate that relatively few of the cities with renewals in late 1998 or early 1999 will be far enough along in their Y2k efforts to qualify at the time of the renewal. We expect that for most cities we'll probably be issuing a mid -term endorsement to add the Expanded Y2k Coverage, as the city makes enough progress to qualify for the expanded coverage. If we add the Expanded Y2k Coverage mid -term, will the premium charge be pro- rated? No. The full amount will be charged, regardless of when the city adds the coverage. The charge will be applied for two years — both 1998 -1999 and 1999 -2000 coverage years. We carry a deductible on our city's coverage. How does the deductible work with • the Y2k coverage? The coverage for Y2k liability and Y2k extra expense coverages is part of the city's liability and property coverages, respectively. Whatever deductibles — either per - occurrence or annual — you have in place which apply to those coverages will apply to Y2k - related claims. The deductible applies to the 85% share of the Y2k loss which would otherwise be paid by LMCIT. For example, suppose your coverage has a $2,500 per - occurrence deductible, and you have a $10,000 Y2k loss. After the 15% co -pay, $8,500 of the loss would be payable without the deductible. Subtracting the deductible leaves $6,000 of that loss which LMCIT would pay. Is there an option to buy higher coverage limits for Y2k- related liability risks? No. It's conceivable that we might be able later to add an option for higher limits, but at this time it's not available. For LMCIT cities that carry the optional excess liability coverage, it's important to be aware that the excess coverage does not apply to Y2k - related liability claims. I can go to a private insurance company and buy a standard comprehensive general • liability policy that doesn't have any special exclusions, limits, charges, or underwriting requirements for Y2k. Isn't that a better solution than all this rigmarole LMCIT would make us go through? Well, no, probably not. A standard comprehensive general liability (CGL) policy covers bodily injury or property damage caused by an "occurrence ", which is defined as "an accident ". Standard CGL policies also exclude damage that is "expected or intended from the standpoint of the insured ". Here's what you might run into if you try to rely on a CGL policy to cover a liability claim resulting from a Y2k equipment problem. First, you'll face the issue of whether a Y2k problem with a piece of equipment is an "accident" (or "fortuitous ", to use another insurance -speak term). After all, it's hard to call it an accident if the equipment is functioning exactly as it was designed to function; the problem is that it wasn't designed to handle the year 2000. If it's not an "accident ", it's not covered. You'll then face the issue of whether the damage was "expected ". The insurance company may very well argue that with all the publicity there has been about possible Y2k problems with equipment, you can hardly claim that the problem was unexpected. They may even point out that they sent you lots of information telling you about Y2k, warning you to expect problems with your equipment, and recommending that you do • something about it. Quite a few insurance companies have been sending their insureds that kind of communication. Of course, if you've bought a CGL policy from an insurance company, you might also have bought a "public officials errors and omissions" policy too. But those policies almost universally exclude bodily injury and property damage, so that may not be much help either. In short, you can't just assume that a private CGL or other insurance policy covers these risks. If you plan to rely on private insurance, ask them to tell you unequivocally in writing that they will cover liability claims arising from Y2k- related equipment or software problems. Hutchinson Citv Center • 111 Hassan Street SE Hutchinson. T1N 55350-2522 320-587- 515VFm 320-2344240 MEMORANDUM TO: Honorable Mayor and City Council FROM: John Olson, Asst. Public Works Dir. RE: Consideration on Airport Hanger Rent Credit DATE: 12/07/1999 cc: John Rodeberg, Dv Engneering/Pubhc Works REQUEST FOR HANGAR RENTAL FEE CREDIT /WAIVER In their October meeting, the Airport Advisory Commission requested that a waiver for one month's rental fees be granted to tenants of the southernmost enclosed hangar and the southern tier of the open hangars. Requests that significantly affect fees or budgets require City Council action. During recent construction, the aforementioned hangars were inaccessible for an extended period Original construction schedules estimated an interruption in access for about two weeks. However, because of necessary drainage, subgrade and base corrections, the hangars were inaccessible for a period of nearly six weeks. During this time, aircraft owners were forced to store their aircraft outdoors or do without access to their aircraft. Monthly Rental Fees for the southernmost enclosed hangar. $386 (7 tenants) Monthly Rental Fees for the southern tier of the open hangar. 143 (4 tenants) Total request for waiver of hangar rental fees: $529 0 'Me City Council, as the only authority for waiving fees, must approve or deny the Airport Advisory Commissions request. Primed on recycled paper - r/� r 0 Hutchinson Citv Center Ill Hassan Street SE Hutchinson, VIN 55350 -2522 320.587- 51511Fa 320.2344240 MEMORANDUM TO: Honorable Mayor and City Council FROM John Olson, Asst Public Works Dir. RE: Consideration of Purchase of Front -End Loader for Wastewater Facility from Cooperative Purchasing Venture DATE: 12/07/1999 cc: JohnRodeber &DirEngmemnVPubhcWodo,RandyDeVni , Du. Waer/Wastewac. Wheel Loader Purchase The Wastewater Department is requesting authorization to purchase a wheel loader. The loader will be used by the Wastewater Department. The loader was included in the department's 1999 budget. The loader will be used for handling sludge and for other materials- handling dirties at the Wastewater treatment plant The loader will also be equipped for snow removal operations. In the past, the Wastewater department has relied on loaders generally used by the Street and Park departments. It is my recommendation that the City purchase a Case loader. The City of Hutchinson owns two other Case wheel loaders. Advantages of maintaining fleet integrity include operator safety, fostered by familiarity with the equipment, and maintenance cost savings. The Case loader appropriate for this application is the 621 model. The anticipated cost of the loader, equipped for use at Wastewater and as a snow removal unit is expected to be just under 5125,000. The loader, all attachments, an extended 5,000 hr. / 60 mo. warranty, and taxes are included in this price. 'Ilse final price, attachments, and other details of the purchase can be negotiated. Case wheel loaders are available through the Cooperative Purchasing Venture sponsored by the Stare's Department of A dministrat ion. Because the Department of Administration has already gone through the bidding process on our behalf, we are not bound to the traditional requirements for bidding. If Case loaders, or other loaders for that matter, were available from a local vendor, I would request that we proceed with the traditional bidding process. However, because no local vendors sell this equipment, I recommend we purchase the loader from the State contract approved vendor. As always, the City Council reserves the right to reject any, all, or pans of proposals or request immaterial modifications to them. You may accept bids already taken by the State of Minnesota on behalf of its political subdivisions. You are the final purchasing authority. No contract exists until you accept a bid. Pnneed an mcyckd p.W - Y_/_ . C Hutchinson City Center 111 Hassan Street SE Hutchinson. MN 55350-2522 320-587- 5151IFax 320-2344240 M E M O R A N D U M TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Resolution Adding Municipal State Aid Routes (Edmonton Avenue and Century Avenue SW) DATE: December 8, 1999 Attached is a Resolution to Mn/DOT's Division of State Aid to add two routes to our Municipal State Aid (MSA) system. The two routes are as follows: 1. Century Avenue SW: 2. Edmonton Avenue SW: From Dale Street to School Road (CSAH 7) From TH 15 to Airport Road (CSAH 8) Both routes are proposed for construction within the next few years, will act as Minor Arterial or Major Collector routes, have limited assessable frontage due to wetland or other physical constraints, and are included in our Comprehensive Transportation Plan. The total length of the two projects is 0.62 miles. We currently have 1.07 miles to designate as MSA routes. This is expected to increase the amount of funding we receive from MSA funds. We recommend approving the Resolution. cc: John Olson — Assistant Public Works Director Cal Rice — Assistant City Engineer file: MSA Pnnled an recycled paper - t / . RESOLUTION NO. 11369 RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Hutchinson that the street hereinafter described should be designated a Municipal State Aid Street under the provisions of Minnesota Law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Hutchinson that the road described as follows, to -wit: Century Avenue SW from CSAH 7 (School Road) to Dale Street (0.26 miles), and Edmonton Avenue SW from TH 15 (Main Street) to CSAH 8 (Airport Road) (0.36 miles) be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Administrator is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Hutchinson to be numbered and known as Municipal State Aid Streets 125 -004 (Century Avenue SW) and 130.010 (Edmonton Avenue SW). Adopted this 14th day of December, 1999. Mayor ATTEST: City Administrator CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted, and approved by the City Council of said City of Hutchinson on December 14th, 1999. (SEAL) City Administrator City of Hutchinson gN EMPLOYEE SAFETY CONMITEE NOVEMBER MEETING MINUTES Present: Mark Weis, Jo Runke, Connie Maki, Dick Ebert, Keith Messner The minutes from the October meeting were approved. Mark informed us that he has not written a letter to Mark Hensen regarding emergency lighting for the storm shelter at City Center, but will take care of that soon. Jo reviewed accident/injury reports. 6 incidents reported. Mark acknowledged Connie's hard work for organizing the health fair booth. Names were drawn for the prizes offered at our booth Dick would like to speak to Brad Emans regarding physicals for employees who need respirator training. These will be done when the fine dept. have their physicals. Keith will be receiving a 2 week trial subscription for a safety magazine entitled SAFETY COMPLIANCE ALERT. The committee decided that we would cancel the subscription when the invoice is received. We have a number of new employees who may need or want Hepatitis B shots. Jo will follow up with Brenda to see if any of the new employees will be receiving the shots. Mark suggested having a pot -luck dinner for December's meeting. This will be the current safety committee's last meeting. All members are invited. (current and alternates) The meeting will be at the Rec Center Thursday, Dec. 16 at 11:30. A menu was discussed and members are asked to provide the following items: Main dishes: Mark Weis Randy Starke Keith Messner Connie Maki Salad: Jo Runke John Arlt Quentin Larson Desserts: Dick Ebert Dave Telecky Relish: Mary Haugen Rolls, butter: Ken Wichterman Desserts: Dick Ebert Dave Telecky Pop: Mark Larson L -1 Hutchinson Fire Department Monthly City Council Update November 1999 The fire department responded to 34 calls for services in November, the breakdown of the calls are: City Calls: Residential 4 Commercial/Industrial 6 Multi - family 6 School type 1 Haz -Mat 1 Mutual Aid 1 Rural Calls: Rescue 2 Farm Type Buildings 3 Medicals 2 Grass Type 6 Carbon Monoxide 2 Drills/Meetings SCBA Maintenance Live burn, bam burning east of Hutchinson Medical update training McLeod County Chiefs meeting The fire calls: November 15 — Burt Dostal at 22248 Major Ave., Farm building, Cause: Burning grass Loss: $50,000 November 27 — Cub Foods, Haz -Mat spill in the produce area, Cause: Employee mixing drain cleaners 0 November 27 — Floyd Sjostad at 901 Hwy 15 S., Basement apartment, Cause: Waterbed heater, Damage: $40,000 November 30 — Ray Maxson at 306 Grove St. SW, First floor apartment, Cause: Cardboard box left on the kitchen stove, Damage: $15,000