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06-30-1999 HUCMREGULAR MEETING June 30, 1999 Members Present: President, Michael Carls; Vice President, Roger Gilmer; Secretary, Paul Ackland; Commissioner, David Wetterling; Commissioner, Doug Ward; Attorney, Marc Sebora; and General Manager, Clarence Kadrmas. President Carls called the meeting to order at 3:00 p.m. Commissioner Ward made a motion to approve the minutes as written. The motioned was seconded by Vice President Gilmer and the motion carried. Secretary Ackland made a motion to ratify the payment of bills in the amount of $1,268,490.84 (detail listing is in payables book). Commissioner Wetterling seconded the motion and it passed unanimously. After review, Secretary Ackland made a motion to approve the Financial Statements and the Budget year -to -date. Vice President Gilmer seconded the motion and it carried unanimously. Commissioner Wetterling made a motion to reject all bids for a trencher, seconded by Secretary Ackland the motion carried unanimously. Attorney James Utley, from the firm of Arnold Anderson and Dove, L.L.C., updated the commission on the lawsuit with Jay Brothers. Secretary Ackland made a motion to table discussion on the June 11, 1999, letter from the firm and perhaps pursue the matter on a contingency basis. Vice President Gilmer seconded the motion, which carried unanimously. Natural Gas Superintendent, John Webster, presented maps showing the addition of new natural gas capacity to southern Hutchinson and how it will accommodate a new waste water sludge drying plant on Highway 22 South. Secretary Ackland made a motion to Advertise for Bids on Phase 1 — 50 psig loop line and 25 psig distribution main and replacement service lines. Commissioner Wetterling seconded the motion, which passed unanimously. General Manager Kadrmas informed the Commission that a new unit has not been purchased to replace #9. Vice President Gilmer made a motion to accept a time table from the Minnesota League of Cities on the progress of Unit #9 or entertain the presence of Doug Gronli at the next commission meeting. Seconded by Commissioner Wetterling, the motion carried unanimously. Attorney Marc Sebora presented a contract with Mediacom (formerly Triax Cablevision). Commissioner Wetterling made a motion seconded by Commissioner Ward to reassign the current contract for pole attachments from Triax Cablevision to Mediacom. The motion carried. Commissioner Ward made a motion to authorize the creation of a Business Manager position. Vice President Gilmer seconded the motion, which carried unanimously. President Carls announced to the Commission that he will no longer be a resident of the City of Hutchinson, July 31, 1999. He has informed the Mayor of his plans to resign from the Commission. Discussion was held on the joint emergency meeting with the city and staff. There being no further business Commissioner Wetterling made a motion to adjourn seconded by Commissioner Ward the motion carried unanimously. ATTEST Michael Carls, President Paul Ackland, Secretary 9 REGULAR MEETING June 30, 1999 Members Present: President, Michael Carls; Vice President, Roger Gilmer; Secretary, Paul Ackland; Commissioner, David Wetterling; Commissioner, Doug Ward; Attorney, Marc Sebora; and General Manager, Clarence Kadrmas. President Carls called the meeting to order at 3:00 p.m. Commissioner Ward made a motion to approve the minutes as written. The motioned was seconded by Vice President Gilmer and the motion carried. Secretary Ackland made a motion to ratify the payment of bills in the amount of $1,268,490.84 (detail listing is in payables book). Commissioner Wetterling seconded the motion and it passed unanimously. After review, Secretary Ackland made a motion to approve the Financial Statements and the Budget year -to -date. Vice President Gilmer seconded the motion and it carried unanimously. Commissioner Wetterling made a motion to reject all bids for a trencher, seconded by Secretary Ackland the motion carried unanimously. Attorney James Utley, from the firm of Arnold Anderson and Dove, L.L.C., updated the commission on the lawsuit with Jay Brothers. Secretary Ackland made a motion to table discussion on the June 11, 1999, letter from the firm and perhaps pursue the matter on a contingency basis. Vice President Gilmer seconded the motion, which carried unanimously. Natural Gas Superintendent, John Webster, presented maps showing the addition of new natural gas capacity to southern Hutchinson and how it will accommodate a new waste water sludge drying plant on Highway 22 South. Secretary Ackland made a motion to Advertise for Bids on Phase 1 — 50 psig loop line and 25 psig distribution main and replacement service lines. Commissioner Wetterling seconded the motion, which passed unanimously. General Manager Kadrmas informed the Commission that a new unit has not been purchased to replace #9. Vice President Gilmer made a motion_to accept a time table from the Minnesota League of Cities on the progress of Unit #9 or entertain the presence of Doug Gronli at the next commission meeting. Seconded by Commissioner Wetterling, the motion carried unanimously. Attorney Marc Sebora presented a contract with Mediacom (formerly Triax Cablevision). Commissioner Wetterling made a motion seconded by Commissioner Ward to reassign the current contract for pole attachments from Triax Cablevision to Mediacom. The motion carried. Commissioner Ward made a motion to authorize the creation of a Business Manager position. Vice President Gilmer seconded the motion, which carried unanimously. President Carts announced to the Commission that he will no longer be a resident of the City of Hutchinson, July 31, 1999. He has informed the Mayor of his plans to resign from the Commission. Discussion was held on the joint emergency meeting with the city and staff. There being no further business Commissioner Wetteding made a motion to adjourn seconded by Commissioner Ward the motion carried unanimously. ATTEST Michael Carls, President c Paul Ackland, Secretary f ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 -1492 DAVID B. ARNOLD' STEVEN A. ANDERSON LAURA K. FRETLAND PAUL D. DOVE* JANE VAN VALKENBURG RICHARD G. McGEE WALTER P. MICHELS, III JAMES UTLEY MARC A. SEBORA 'ALSO ADMITTED IN TEXAS AND NEW YORK Hutchinson Utilities Commission 225 Michigan Street S.E. Hutchinson, MN 55350 RE: Jay Brothers Our File No. 9558 -96005 Dear Sirs: (61 2) 545 -9000 FAX (612) 545 -1793 FAX (612) 542 -9210 E -mail: aad @aadlaw.com June 11, 1999 OF COUNSEL RICHARD J. SCHIEFFER ROBERT M.GARDNER 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 (320) 587 -7575 FAX (320) 587 -4096 It is our understanding that you no longer wish to pursue this matter. Therefore, we will be closing our file and will be performing no further services on this file unless and until you advise us to do so. If this is incorrect, please contact me as soon as possible at our Minneapolis office. Sincerely, ARN LD, ANDERS N DOVE, P.L.L.P. James JU /pb cc: Paul Dove Marc Sebora Date - Oarence Don M _._._.. �-- Don N John Curt Nate Ed Steve - Dan Sue �-- -- Bev - Garnette _ -_- Other File - -- Return Ta ----- *CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ADVERTISEMENT FOR BIDS FOR PHASE 1 — 50 PSIG LOOP LINE, 25 PSIG DISTRIBUTION MAIN AND REPLACEMENT SERVICE LINES HUTCHINSON UTILITIES COMMISSION HUTCHINSON, MINNESOTA Notice is hereby given that the Hutchinson Utilities Commission of the City of Hutchinson, Hutchinson, Minnesota, hereinafter referred to as the Owner, will receive sealed Bids at the Hutchinson Utilities office until 10:00 a.m. on the 23rd day of July, 1999, and will publicly open and read aloud such Bids on the following work and equipment: PHASE 1 — 50 PSIG LOOP LINE, 25 PSIG DISTRIBUTION MAIN AND REPLACEMENT SERVICE LINES " Proposals shall be properly endorsed and delivered in an envelope marked, PHASE 1 — 50 PSIG LOOP LINE, 25 PSIG DISTRIBUTION MAIN AND REPLACEMENT SERVICE LINES "" and shall be addressed to: Hutchinson Utilities Commission of the City of Hutchinson, 225 Michigan Street, Hutchinson, Minnesota 55350. All proposals shall be submitted in duplicate on the Bidder's own letterhead in facsimile of the Proposal Form enclosed in the Specifications, or by utilizing the Proposal Form enclosed with the Specifications by typing the official name of the Bidder at the top of the form. Each proposal shall be accompanied by a Bid Bond, made payable to the Hutchinson Utilities Commission of the City of Hutchinson, Hutchinson, Minnesota, in the amount of five per cent (5 %) of the Bid, as a guarantee that the Bidder will enter into the proposed Contract and provide a Performance Bond after his Bid shall have been accepted. The successful Bidder shall furnish a Performance Bond in an amount equal to one hundred per cent (100 %) of the Contract price to the Owner prior to the approval of the Contract. No Bidder may withdraw his Bid or Proposal for a Period of thirty (30) days after date of opening of Bids. At the aforementioned time and place, or at such later time and Place as the Owner then may fix, the Owner will act upon Proposals received and with its sole discretion may award Contract(s) for the furnishing of said equipment. I The work shall be started within ten (10) days after award of Contract(s). Specifications and Plans are available at the Office of the Hutchinson Utilities, 225 Michigan Street, Hutchinson, Minnesota 55350. The Hutchinson Utilities Commission of the City of Hutchinson, Hutchinson, Minnesota reserves the right to reject any and all bids. By " CAA/ Mike Carls, President Date June 30, 1999 ATTESTED By 9� ti Paul Ackland, Secretary Date & 319- 99