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AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
WEDNESDAY, OCTOBER 24, 2006
1. CALL TO ORDER - 5:30 P.M.
2. INVOCATION - Rev. Jim Hall, Word of Life Church
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF OCTOBER 11,2006
(b) BID OPENING MINUTES OF OCTOBER 17,2006 (REVERSE OSMOSIS MEMBRANE ELEMENTS,
W ASTW A TER TREATMENT FACILITY ADMINISTRATION BUILDING EXPANSION, HATS COLD
STORAGE BUILDING)
Action - Motion to approve as presented
6. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PIONEERLAND LIBRARY BOARD MINUTES FROM SEPTEMBER 21, 2006
2. BUILDING DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2006
3. PLANNING COMMISSION MINUTES FROM SEPTEMBER 19,2006
4. CITY OF HUTCHINSON FINANCIAL REPORT FOR SEPTEMBER 2006
5. CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2006
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13063 - RESOLUTION FOR PURCHASE (TRUCK BODY AND UNLEADED
GASOLINE)
(c) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF VACATION OF A PORTION OF THE EASEMENT LOCATED ON THE
SOUTH LINE OF LOT 14, RICE ADDITION, 630 DALE STREET SW WITH STAFF
RECOMMENDATION AND FAVORABLE RECOMMENDA TION (WAIVE FIRST READING AND
SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06-0446 FOR NOVEMBER 14,
2006)
2. CONSIDERATION OF AMENDMENT TO SECTION 154.062 OF THE CITY CODE ADDING
LANGUAGE TO ALLOW TOWING COMPANY OFFICE WITH IMPOUND LOT WITH STAFF
RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO.
13062 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF
ORDINANCE NO. 06-0447 FOR NOVEMBER 14,2006)
3. CONSIDERATION OF SITE PLAN AND CONDITIONAL USE PERMIT REQUESTED BY JANE
VALEN, REMAX REALTY, TO REMODEL RESIDENTIAL BUILDING FOR REAL ESTATE
OFFICE LOCATED IN THE INDUSTRIAL/COMMERCIAL DISTRICT LOCATED AT 255 HWY 7
EAST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT
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CITY COUNCIL AGENDA - OCTOBER 24, 2006
RESOLUTION NO. 13061)
( d) CONSIDERATION FOR APPROV AL OF SHORT-TERM LEASE EXTENSION WITH LIFE LINK III AT
HUTCHINSON MUNICIPAL AIRPORT
(e) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH
EARTHTECH FOR W ASTEW A TER TREA TMENT FACILITY BUILDING 20 LIFT STATION PUMP
REPLACEMENT .
(f) CONSIDERATION FOR APPROVAL OF PURCHASING DESKTOP COMPUTERS AND LAPTOPS AS
REQUESTED BY HUTCHINSON AREA HEALTH CARE
Action - Motion to approve consent agenda
7. PUBLIC HEARINGS - 6:00 P.M. - NONE
8. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) PRESENTATION ON EXECUTIVE SUMMARY OF SNOW AND ICE REPORT -JOHN OLSON
Action -
9. UNFINISHED BUSINESS
(a) CONSIDERATION FOR APPROVAL OF DOCUMENTS RELATED TO RETIREMENT SAVINGS
ACCOUNT PROGRAM
Action - Motion to reject - Motion to approve
eo. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF ACCEPTING BIDS AND A WARDING CONTRACT FOR
THE REPLACMENT OF ENGINE 9 FIRE TRUCK
Action - Motion to reject - Motion to approve
(b) DISCUSSION OF SKETCH PLAN SUBMITTED BY STEVE KNISLEY FOR REPLAT IN GOEBEL'S
ADDITION
No action.
(c) CON~IPERA TION FOR APPROVAL OF PURCHASE AGREEMENT FOR PROPERTY LOCATED AT
145 2 AVENUE SE
Action - Motion to reject - Motion to approve
(d) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR HATS TEMPERATE
STORAGE FACILITY - LETTING NO. 14, PROJECT NO. 06-16
Action - Motion to reject - Motion to approve
(e) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR WASTEWATER
TREATMENT F ACILITY ADMINISTRATION BUILDING EXPANSION - LETTING NO. 12, PROJECT
NO. 06-14
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Action - Motion to reject - Motion to approve
(f) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR REVERSE OSMOSIS
MEMBRANE ELEMENTS - LETTING NO. 15, PROJECT NO. 06-17
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CITY COUNCIL AGENDA - OCTOBER 24, 2006
Action - Motion to reject - Motion to approve
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(g) DISCUSSION OF DRAFTING LOCAL SMOKING ORDINANCE WITH ASSISTANCE OF TOBACCO
LAW CENTER
Action -
(h) CONSIDERATION OF RESCHEDULING ANNUAL PERFORMANCE REVIEW FOR CITY
ADMINISTRA TOR GARY PLOTZ
Action -
11. MISCELLANEOUS
(a) COMMUNICATIONS
12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
13. ADJOURN
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MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
WEDNESDAY, OCTOBER 11,2006 .
1. CALL TO ORDER - 5:30 P.M.
Mayor Steve Cook called the meeting to order. Members present were Jim Haugen, Casey Stotts and Bill Arndt.
Member absent was Kay Peterson. Others present were John Rodeberg, Director of Public Works and Marc
Sebora, City Attorney.
2. INVOCATION - Due to the absence of Rev. Jim Hall, Word of Life Church, the invocation was dispensed.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF SEPTEMBER 26, 2006
Moti0n by .II '"'1dt. second by Haugen, to approve the minutes as presented Motiof' <:,~rripri Uf'3T1i!"l"td~'.
6. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM AUGUST 28,2006
2. HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY BOARD MINUTES FROM AUGUST
~ 25,2006
3. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR AUGUST 2006
4. HUTCHINSON FIRE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2006
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13051 - RESOLUTION AUTHORIZING CHANGE TO ADDRESS OF
CORNERSTONE COMMONS FROM 104 MAIN STREET NORTH TO 114MAINSTREETNORTH
2. RESOLUTION NO. 13052 - RESOLUTION FOR PURCHASE (COMPOST BAGS AND
SCREENING)
3. ORDINANCE NO. 06-0445 - ORDINANCE V ACA TING DRAINAGE AND UTILITY EASEMENTS
LOCATED BETWEEN LOTS 4 AND 5, BLOCK 1, FAIRWAY ESTATES SECOND ADDITION
(1376 AND 13 80 HERITAGE AVENUE) WITH STAFF RECOMMENDATION AND FAVORABLE
RECOMMENDA TION (SECOND READING AND ADOPTION)
(c) CONSIDERATION FOR APPROVAL OF CURRENCY EXCHANGE LICENSE RENEWAL FOR
W ALMART
(d) CONSIDERATION FOR APPROV AL OF SHORT- TERM GAMBLING LICENSE FOR VFW POST 96
ON OCTOBER 26, 2006, AT VFW
(e) REAPPOINTMENT OF CHUCK BRILL TO AIRPORT COMMISSION TO SEPTEMBER 2011
(f) APPOINTMENT OF LA VONNE HANSEN TO HUTCHINSON HOUSING & REDEVELOPMENT
AUTHORITY BOARD TO AUGUST 2011
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(g) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS
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CITY COUNCIL MINUTES - OCTOBER 11, 2006
CHANGE ORDER NO. I-EVENT CENTER CANOPY (LETTING NO. 10, PROJECT NO. 06-12)
CHANGE ORDER NO. 1- CENTURY AVENUE WATER TOWER RECONDITIONING (LETTING
NO.8, PROJECT NO. 06-10)
CHANGE ORDER NO.6 - DOWNTOWN STREETSCAPE (LETTING NO.4, PROJECT NO. 05-04
& 05-05)
(h) CONSIDERATION OF ITEMS REGARDING REVERSE OSMOSIS MEMBRANE ELEMENT PROJECT
(LETTING NO. 15, PROJECT NO. 06-17) - ORDERING IMPROVEMENT AND PREPARATION OF
PLANS & SPECIFICATIONS AND APPROVING PLANS & SPECIFIC A TIONS AND ORDERING
ADVERTISEMENT FOR BIDS
(i) CONSIDERATION FOR APPROVAL OF ASSESSMENT ROLL - DOWNTOWN STREETS CAPE
(LETTING NO.4, PROJECT NO. 05-04 & 05-05)
- DECLARING COST TO BE ASSESSED & ORDERING PREPARATION OF PROPOSED
ASSESSMENT
- WAIVING HEARING ON PROPOSED ASSESSMENT
- ADOPTING ASSESSMENT ROLL
(j) CONSIDERATION FOR APPROV AL OF PRE-APPLICA TION TO THE SMALL CITIES
DEVELOPMENT PROGRAM OWNER-OCCUPIED REHABILITATION PROGRAM
Motion by Stotts, second by Arndt, to approve consent agenda. Motion carried unanimously.
7. PUBLIC HEARINGS - 6:00 P.M. - NONE
8. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) PRESENTATION ON HARRINGTON-MERRILL HOUSE-JIM FAHEY
Jim Fahey, Historic Hutchinson, presented before the Council. Mr. Fahey delivered a presentation on the
Harrington-Merrill House project. Mr. Fahey provided a history of the house. This home is the oldest
structure in the City of Hutchinson, and one of the oldest in McLeod County. A fire in 2002 destroyed a
portion of the home, as well as disrepair. The City acquired the property in 2003 via tax forfeiture and in
2004 a committee was formed to restore the home. Historic Hutchinson has provided funding to restore the
home and the City of Hutchinson has taken over project management. Community members, Harrington
ancestors, McLeod County Historical Society, State of Minnesota Historical Society and local banks and
businesses are also active members committed to the restoration and renovation of the home. Plans for next
year include rebuilding of the west wing, which is estimated to cost $100,000. Mr. Fahey further spoke on
the donations that the group has received from service organizations and private donators.
(b ) PRESENTATION ON RESULTS OF EMPLOYEE SA TISF ACTION SURVEY - BRENDA EWING
Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing provided an overview
of the 2006 Employee Satisfaction survey. The pu~ose of the survey was to gain a better understanding of
employees' views of the City. The employee was distributed in June 2006 and employees had 2-3 weeks to
complete the survey. Approximately 140 survey documents were distributed and 121 surveys were returned.
The surveys were distributed to all regular full time and part time employees. The response rate was
excellent at 86.5%. Overall the responses appeared to be positive in regard to the overall satisfaction of the
majority of the employees. Overall, employee responses ranked as either Strongly Agree or Agree. The
survey results will be communicated back to the employees. This survey will be used as a benchmark for
future surveys, which plan on being conducted on a more regular basis.
(c) UPDATE ON COUNCIL CHAMBER IMPROVEMENTS - TOM KLOSS
Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss gave an overview of
the updates made to the City Council Chambers. The total amount spent on the project was approximately
$31,000. Several upgrades were made to the Chambers which allows for more efficient televising for
HCVN and improved presentation set-ups.
9. UNFINISHED BUSINESS
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CITY COUNCIL MINUTES - OCTOBER 11, 2006
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(a) ORDINANCE NO. 06-0440 - AN ORDINANCE ESTABLISHING A PROCEDURE FOR ENFORCING
ADMINISTRATIVE PENAL TIES FOR CERTAIN PETTY MISDEMEANORS AND MUNICIPAL CODE
VIOLA TIONS (SECOND READING AND ADOPTION)
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that earlier this year,
Council Member Stotts had suggested that stafflook into the possibility of issuing administrative citations
for petty misdemeanor offenses. Mr. Sebora explained that the only changes made to the ordinance
compared to the first reading of the ordinance were some fee changes. This program will allow for
additional revenues for the City. The purpose of these funds is intended to be earmarked for a public
safety/transportation fund. The intention is for this procedure to go into effect January 1, 2007.
Motion by Stotts, second by Arndt, to adopt Ordinance No. 06-0440. Motion carried unanimously.
(b) CONSIDERATION FOR APPROVAL OF DOCUMENTS RELATED TO RETIREMENT SAVINGS
ACCOUNT PROGRAM
Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing requested that this
item be tabled to the next meeting. Several questions have arisen since the printing of the packet.
Motion by Stotts, second by Haugen, to ta~!e this item to ~l:e No'.ember 14,2006, City Council meeting.
Motion carried unanimously.
10. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF AUTHORIZING A LEVY ON BEHALF OF THE
HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY
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Miles Seppelt, EDA Director, presented before the Council. Miles Seppelt, EDA Director, presented before
the CouncIl. Mr. Seppelt explained that ever since the EDA was implemented, the intention was for it to be
self- funded from a separate tax levy. Due to technical reasons, the County was unable to implement the levy
and the EDA funding was included in the City's general fund. The annual transfer to the EDA from the
City's general fund has remained essentially unchanged since 1998. This has been workable because EDA
expenditures have been significantly lower than budgeted due to staffing chan~es. However, EDA revenues
will decline due to a rental property being vacated. Because of these Issues, the EDA Board has
recommended implementing an EDA tax levy and phase out the EDA' s transfer from the general fund. This
is a benefit to the City in that it is greater transparency in the City's budget, it eliminates an annual transfer to
the EDA and the City can reduce its tax rate, It is a benefit to the EDA in that it provides a more stable
funding source, protects the EDA from City budget pressures, gives the EDA Board more control over their
own budget, provides better financial management and moves the EDA toward financial self-sufficiency.
However, the City Council would set the EDA levy each year at the same time they set the City's levy. This
levy implementation is similar to how the HRA and Region 6E are funded. This levy proposal is solely
about funding, and the administrative make-up would remain the same. Mr. Seppelt explamed the process to
establish a levy for the EDA. This includes holding a public hearing, which was held October 10, 2006.
The EDA Board is requesting that the City Council authorize the implementation of a levy on behalf of the
EDA in the amount of$140,000, giving an estimated EDA tax rate of 1.525%. Each year going forward, the
EDA would request that the EDA tax rate be kept the same. Mr. Seppelt then reviewed the value the EDA
provides to the community, such as business retention & expansion program, new business recruiting, new
business start-ups, downtown revitalization, project management, project support, grant writing, staff
support and marketing the community.
Mr. Seppelt stated that he had researched how other City EDAs are funded. His research showed variations.
Some cities are funded from a levy and a general fund. Some are funded entirely from a general fund and
some are completely self-sufficient.
Mayor Cook noted some research he had done on comparable cities and how their EDAs are funded. His
research showed variations as well. His research also showed that some counties are involved in various
Economic Development Authorities. Mr. Seppelt explained that at one time it had been presented to
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CITY COUNCIL M1NUTES - OCTOBER 11, 2006
McLeod County to be involved with the Economic Development Authority, however at that time it did not
proceed. Mayor Cook did note that he feels the EDA has been successful being funded by the general fund,
with the only downfall being that the increase has not increased appropriately.
Motion by Haugen, second by Stotts, to approve authorizing a levy on behalf of the Hutchinson EDA. Roll
call vote was taken: Haugen - aye; Arndt - aye; Stotts - aye; Cook - nay. Motion carried 4 to 1.
Mr. Seppelt noted that at the next EDA board meeting, the 2007 project list is going to be developed, as well
as the plan for movin~ towards self-sufficiency. Council Member Arndt asked that Mr. Seppelt contact
some county commissIOners to present the idea of an EDA being incorporated into the county.
(b) CONSIDERATION FOR PROVIDING NOTICE OF OPEN ENROLLMENT FOR CITY OF
HUTCHINSON TOWING SERVICES AND ESTABLISHING GUIDELINES OF ELIGIBLlTY FOR
OPEN TOWING
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the City currently has
a towin~ contract with a local provider. The City has been approached by another provider requesting that
the towmg services be opened up to other providers. Mr. Sebora further explained that through research, he
has found that the resolution in front of the Council tonight may be in conflict with a federal law. He asked
that this be tabled until further research can be completed.
Motion by Haugen, second by Stotts, to table this item until further research can be conducted. Motion
carried unanimously.
(c) CONSIDERATION OF SETTING DATE FOR CANVASSING RESULTS FROM CITY GENERAL
ELECTION TO BE HELD ON NOVEMBER 7, 2006
Motion by Stotts, second by Cook, to set November 8, 2006, at 8:30 a.m. to canvas the results from the City
General Election. Motion carried unanimously.
(d) CONSIDERATION FOR APPRO V AL OF AMENDMENT TO ENGINEERING SERVICES CONTRACT
WITH DONOHUE & ASSOCIATES
John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that staffhas
been notified from Hutchinson Utilities Commission that they can provide a dual power feed to the new
wastewater treatment facility. That was not the understanding when the project was designed and the project
was designed around a generator. Because this work was completed, Donohue & Associa.tes is fequesting
$12,000 to redesign the project for dual power. This will ultimately save the city about $100,000 in
construction costs and significant long term operational and maintenance costs. ,
Motion by Arndt, second by Stotts, to approve amendment to engineering services contract with Donohue &
Associates. Motion carried unanimously. .
(e) CONSIDERATION FOR APPROVAL OF RESOLUTION ESTABLISHING MUNICIPAL AID (MSA)
STREETS
John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg exrlained to th~
Council that staff is proposing to designate Edmonton A venue SW from TH 15 to Schoo Road and 5
A venue SE from Michigan Street to TH 22 as municipal state aid streets. This will generate additional needs
and funding, Mr. Rodeberg explained the process and guidelines used in establishing municipal aid streets.
Kent Exner, City Engineer, spoke about the specific proposals. The Edmonton A venue proposal would be
modified and extend the route west to School Road. This route has the potential for significant re&~onal use
and access to school sites. There is currently very little assessable property along this route. The 5 Avenue
SE proposal would extend the MSA designation to the TH 22 bypass. Currently 1/3 of the route is urband
and the east 2/3 are rural.
Staff does not have a resolution for the Council to approve tonight, but will be bringing one forward in the
future.
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CITY COUNCIL MINUTES - OCTOBER I I, 2006
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Motion by Arndt, second by Cook, to approve the routes described to be designated as Municipal Aid
Streets. Motion carried unanimously,
(f) CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, fUBD. 3(C) TO CONSID!m
PROPERTY ACQUISITION (146 MAIN STREET NORTH, 145 2" AVENUE SE AND 115 2
A VENUE SE)
The Council convened into closed session at 7:30 p.m. Those attending the closed session were: Mayor
Steve Cook, Council Member Haugen, Council Member Arndt, Council Member Stotts, City Attorney Marc
Sebora, Public Works Director John Rodeberg, City Engineer Kent Exner, EDA Director Miles Seppelt,
Planning Director Rebecca Bowers, and Recorder Melissa Starke.
Motion by Arndt, second by Stotts, to reconvene into open session at 8:05 p.m.
11. MISCELLANEOUS
(a) COMMUNICATIONS
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Marc Sebora - Mr. Sebora commented on the visit by the Minnesota Supreme Court. The Highest Court
held an oral argument at the Hutchinson High School earlier today. In addition, u dinn..... v-ia.> lldJ ihe
evening before with the justices.
All the Council Members wished Council Member Peterson well in her recovery from surgery.
John Rodeberg - Mr. Rodeberg presented an agreement for a street light to be placed at the intersection of
Hwy 15 and Airport Road.
Motion by Arndt, second by Cook, to approve the agreement. Motion carried unanimously.
Mr, Rodeberg commented on the Hwy 7 project. The bridge will be poured this week and the main concrete
paving should be completed early next week. The plan is for the roadway to be opened mid-November.
Mr. Rodeberg provided an update on the water treatment plant, which is on schedule for new water to be
coming out of the plant in February 2007. The Water Treatment Plant is being nominated by the state for a
national award.
Mr. Rodeberg announced he will be leaving employment with the City of Hutchinson and will be leaving
next month to join a consulting firm.
Mayor Cook - Mayor Cook brought up the issue of signage in the boulevard, especially related to campaign
signs. John Rodeberg noted current City ordinance that requires that all signage be retained on private
property. Mr. Rodeberg further noted that ci~ staff has been directed to remove signs that present safety
hazards. Mr. Rodeberg also noted that there Will be inconsistencies with when signs are removed as there is
no designated staff to conduct these activities. The signs are retained by the city, so if a resident has had a
sign removed from their yard, they can contact the city.
12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Motion by Arndt, second by Haugen, to approve claims, appropriations and contract payments. Motion carried
unanimously.
13. ADJOURN
Motion by Arndt, second by Haugen, to adjourn at 8:06 p.m. Motion carried unanimously.
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BID OPENING
LETTING NO. 15/PROJECT NO. 06-17
REVERSE OSMOSIS MEMBRANE ELEMENTS
10/17/06 at 2:00 pm
Present:
Gary Plotz, City Administrator,
Kent Exner, City Engineer
Patrice VanderVeen, Recorder
The Bid Opening was called to order at 2:00 p.m. by Gary D. Plotz. The reading of the
Adverti.sement for Bids was waived and the following bid was opened and read aloud:
See attached bid tabulation
BID OPENING
LETTING NO. 12/PROJECT NO. 06-14
WWTF ADMINISTRATION BUILDING EXPANSION
10/17/06 AT 2:00 pm
Present:
Gary Plotz, City Administrator,
Kent Exner, City Engineer
Patrice VanderVeen, Recorder
The Bid Opening was called to order by Gary D. Plotz. The reading of the
Advertisement for Bids was waived and the following bid was opened and read aloud:
See attached bid tabulation
BID OPENING
LETTING NO. 14/PROJECT NO. 06-16
HATS COLD STORAGE BUILDING
10/17/06 AT 2:00 pm
Present:
Gary Plotz, City Administrator,
Kent Exner, City Engineer
Patrice VanderVeen, Recorder
The Bid Opening was called to order by Gary D. Plotz. The reading of the
Advertisement for Bids was waived and the following bid was opened and read aloud:
See attached bid tabulation
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CITY OF HUTCHINSON
HUTCHINSON CITY CENTER, 111 HASSAN ST SE, HUTCHINSON MN 55350 (320-23~209)
PLAN HOLDERS LIST & BID TABULATION
e LETTING NO. 15/PROJECT NO. 06-17
REVERSE OSMOSIS MEMBRANE ELEMENTS
BID OPENING DATE: Tuesday, October 17th, 2006 at 2:00 pm in the Council
Chambers at Hutchinson City Center, 111 Hassan St SE, Hutchinson MN
COMPLETION DATE: 01/10/2007
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Goldeneye Solutions Inc PHONE 320-632-6262
50213th Ave NW FAX 32Q.632-6633
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Little Falls MN 56345 CELL
e-mail: laurie~nBye@qwest,net OTHER
HMI Water/Layne Christensen Company PHONE 2622464646
W229 N5005 Duplainville Road FAX: 2622468442
Ppvvaukee WI 53072 CELL:
www.hmiwaler.com or WN'W.18yned1ri~lensen.com OTHER
2 HMI Water/Layne Christensen Company PHONE 616-940-9030
Jerry Dykstra, Sales Manager FAX 616-940-9080
1940 Observatory Ave SE CELL: 616-217-8220
Grand Rapids MI 49546 OTHER: w
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e-mail: jdykstra@hmlwater.com or jdykslra@laynechristensen.com OTHER: 0 $3n,404.00
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HUTCHINSON CITY CENTER, 111 HASSAN ST SE, HUTCHINSON MN 55350 (320-234-4209)
PLAN HOLDERS LIST & BID TABULATION
LETTING NO. 12/PROJECT NO. 06-14
WOLD ARCHITECTS & ENGINEERS - PROJ#062030
WWTF ADMINISTRATION BUILDING EXPANSION
BID OP DATE: Tuesday, October 17thj 2006 at 2:00 pm In the Council .
Chambers at HutchinsOh Ci 'v Center 111 Hassan St SE. Hutchinson MN . .
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NAME AND ADDRESS PHONE w ;:; BASE BID FOI.DlNG AI. Tl!RNATI!
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Brennan Construcllon of MN PHONE 507-625-5417 ~ ~ ~ ~ ~
Attn: Laurie DeGezelle FAX: 507-625-4805
8 $8,000.00 $0.00 '$2.500.00
1 515 N Riverfront Dr, Ste 100 CELL '" $1.182.000.00 $1.187,500.00
Mankato MN 56001 OTHER :2
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e-mail: OTHER: ... - $1.190.000.00 $1,182.000.00 $1,179,500.00
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Dammann Construction PHONE 320-203,1511 ~ ~ ~ ~ ~
Attn:Carol FAA: 320-395-2034 ."
15 $6.630.00 $750.00 $0.00
22 16042 Dairy Ave CELL '" $1.121,500.00 $1,128.880.00
Glencoe MN 55336 OTHER' :2
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e-mail: OTHER: ~ $1.128.130.00 $1,122.250.00 $1,121,500.00
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Ebert. Jnc PHONE 763-498,7844 L L L E L
c.o Melissa Stachowski FAA: 763-498-9951
~ $6.200.00 $3.000.00 -$27,000.00
3 23350 Co Rd 10 CELL dl $1,095,000.00 $1.079,200.00
CorcoranILoretto MN 55357 OTHER: ."
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e-mail: OTHER ~ $1,103.200.00 $1.098.000.00 $1.068.000.00
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Gopher Stale Contractors PHONE 320-393-4248 ~ ~ L.. -cJ L-=-
Attn: Jason Revlor FAA: 320-393-4135 ."
c $5.497.00 $7,495.00 -$24.800.00
0 $1.128.029.00 $1.116.221.00
. 230 1.1 Ave NE CELL: lD
Rice MN 56367 OTHER: ."
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&-mail: OTHER ... 1,2 $1.133.526.00 $1,135,524.00 $1,103,229.00
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Gridor Construction PHONE 763-746-9070 ~ ~ ~ ~ ~
Attn: Estimator FAX: 763-55~3736 ."
c $7,Loo.00 $5.000.00 -$5,000.00
, 3990 27th SE CELL: dl $1.295,800.00 $1.302.600.00
Bu1Ta1o MN 55313 OTHER: :2
lD
&-mail: OTHER: ... 2 $1,302,800.00 $1.300,800.00 $1,290,800.00
'"
KHC Construction Inc PHONE 507,532-6768 L L L L L
Attn: Kim Christensen FAA: 507-532-6769 ."
c $10.000.00 $9.000.00 -$30.000.00
0 $1.240.000.00 $1,229.000.00
· 703 Ontario Rd N CELL: lD .
."
Marshall MN 56258 OTHER '. '. ". <Ii
&-mall: khconsl@lw.nel OTHER ;f.' 1,2' . $1.250.000.00 $1.249.000.00 $1.210,000.00
'"
U1
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CITY OF HUTCHINSON
HUTCHINSON CITY CENTER, 111 HASSAN ST SE, HUTCHINSON MN 55350 (320-234-4209)
PLAN HOLDERS LIST & BID TABULATION
LETTING NO. 14/PROJECT NO. 06-16
HATS COLD STORAGE BLDG
BID OPENING DATE: Tuesday, October 17th, 2006 at 2:00 pm in the Council
Chambers at Hutchinson City Center, 111 Hassan St SE, Hutchinson MN
ENGINEERS ESTIMATE: $198,000.00 COMPLETION DATE: December 1, 2006
III w 0
~ .. 0 iil
a z ,.,
NAME AND ADDRESS PHONE ~ oJ ~ ....
a: z ;! ;i
=> l!l =>
III III g
0 i!;
..
Ameribui~ Buildings PHONE 800,5847-8188 L
904 W Division St FAX. 320-259-0220
1
Waite Park MN 56387 CELL: 320-260,3624
e-mail: pete@ameribuiltbuildings.com OTHER:
Brennan Construction PHONE 507-825-5417 L
Old Town Center. 515 North Riverfront Dr, Ste 100 FAX: 507-825-4805
,
Mankato M/ol 56001 CELL .
e-mail: brennan1@hlckorytech.net OTHER:
Crow River Builders PHONE 320-234,7729 "' ~
1135 Hwy 7 Wesl FAX: 32ll-234,7137 Q;
:c
, "'
Hutchinson MN 55350 CELL: ~~
e-mail: crowrlverbuilders@juno.com OTHER: ~o 1 $194,100.00
Ebert, Inc. PHONE 763-498,7844 " ~
c
23350 Co Rd 10. POBox 97 FAX: 763-498-9951 al
, "
CorcoranILoretto MN 55357 CELL m
ail: sbursch@ebertconstcom OTHER: ;!'. 1 $218,800.00
on
WAM Construction PHONE 32ll-234,7533 L
12996 Ulm Ave FAX: 320,234-8334
5
Hutchinson MN 55350 CELL:
e,mail: mertyusa@hutchlel.net OTHER.
lesler Buildings. llC, Alln: Ron Foust PHONE 320,395-2531 L
1111 2nd Ave South FAX: 320-395-2969
lester Prairie MN 55354 CELL
6 lester Buildings. llC, Alln: Ron Foust PHONE 320,395-9889 "
c
POBox 417,222 3rd Ave S FAX. 320,395-1l385 al
lester Prairie MN 55354 CELL. 612,201-2351 "
iD
e,mail: rfousl@lesterbuildings.com OTHER: 800-826-4439 ,.. $209,190.00
. 1
on
Structural Buildings IneIMelawood Corporation PHONE 763-261-4150 " L
129241s1 SI FAX: 763-261-4414 5
CD
7 "
Becker MN 55308 CELL: . iD
e,mail: boaz@structuralbuildings.com OTHER: ;!'. 1 $188.929.00
on
Morris Builders PHONE 320-326-5245 L...
13935 Hwy 212 FAX: 32ll-328,5246 "' 0
6 1Btj6
Glencoe MN 55336 CELL 320-420,0500 :c on
.,"'.....
e-mail: None OTHER: 8B~ - $194.518.00
Rem Buildings loe PHONE 320-485-2844 " ~
c
PO Box BeD FAX: 320-485-3625 al
. :2
Winsted MN 55395 CELL: CD
e,ma~: dale@rambuildings.com OTHER: ,.. $200,809.00
. 1
on
PHONE L
FAX'
le.mall: CELL:
OTHER:
PHONE L
FAX:
11
CELL
e-mail: OTHER: ,
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Pioneerland Library System Board
September 21, 2006, Meeting Minutes
Unapproved
The September, 2006, meeting of the PioneerJand Library System Board was called to
order by Chair Dan Reigstad at 7:30 p.m. in the Will mar Public Library meeting room.
Roll call was taken; a quorum was announced.
Agenda changes:
1) Addition of action on the Heritage Searchers annual agreement.
2) Request for the RLBSS final Report and postage meter discussion to be tabled.
Francis Schweiss moved to approve the agenda as amended; seconded by Bev Wangerin;
carried.
Ron Antony moved to approVe the July Board minutes; second by Paul Setzepfandt;
carried.
COMMITTEE REPORTS
A Finance Committee
1) Motion by Jeff Lopez to accept PLS's August budget report, second by Bev
Wangerin; carried.
2) Bills/check registers reflect routine expenditures, Hugh Wagner moved to approve the
e bills and check register; second by Ron Antony; carried.
3) Spicer Construction grant. Robin deCathelineau explained that the Erickson
Memorial Library has seen substantial growth since its construction. Spicer seeks to
add 2,800 square feet to the existing 2,850 square foot building. See attached
handout. Board support is needed for Spicer to pursue the Minnesota Public Library
Accessibility and Construction Grant. Motion by Robin deCathelineau that the
Pioneerland Board of Directors approves a letter of support for the City of Spicer and I
the Erickson Memorial Library as they apply for the Minnesota Public Library
Accessibility and Construction Grant. Second by Paul Setzepfandt. Motion carried.
Chair Reigstad commended Robin deCathelineau and Spicer Head Librarian Sheila
Bosch for their efforts.
New board member Doug Tomschin was introduced. Tomschin will replace Brent Olson
as Big Stone County's representative on the PLS board.
4) Legislative resolution - Minnesota's Regional Libraries are seeking support from
cities and counties for a resolution on behalf of more state aid for regional libraries.
Lopez explained that it is important for local legislators and the lobbyist to present a
unified front and do not conflict. Copy of resolution attached. Motion by Jeff Lopez to
accept the resolution depending on the outcome of an upcoming teleconference with the
e
(0 La) \
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library lobbyist. Second by Francis Schweiss. Motion Carried. Opposed: Ron Antony
and Jack Sandberg.
5) Postage meter lease - tabled
6) RBLSS (Final Report) - tabled
7) Motion by JeffLooez to renew the annual contract with the Heritage Searchers-
Genealogical
Group. Second by Ron Antony, Motion carried.
8) 2007 Health Insurance Rates. Rates will increase 24%. The board will discuss the
rates at the October board meeting after the head librarian's discuss it at their meeting on
October 4.
B Personnel
1) Motion by Paul Setzepfandt to approve one new hires:
* David Nissen (Hutchinson) Assist 1
* Nicole Selchert (Madison) Assist 1
* Laura Morales (Willmar) Assist 1
* Linda Heinrich (Dawson) Assist 1
* Lisa Rosenau (Glencoe) Assist 2
* Tiffany Waller (Glencoe) Assist 2
Second by Todd Patzer. Motion carried.
2) Paul Setzepfandt presented the following personnel policies for second reading:
206A - Non-represented employee hours
1501 - Eligibility
1502 - Compensation
Policies passed on a motion by Paul Setzepfandt and a second by Robin deCathelineau.
C Collection Development Committee
Pam Dille gave a report on the September 6 meeting. PLS is one library with 32
branches, however, we have discrepancies in policies. Collection Development manual
will be revised page by page.
One more member is needed. This committee will meet the second Tuesday of each
month.
D Technology Committee - Pam Dille gave a summary. Committee discussed
revisions on the internet safety, registration and computer workstation policies. The
drafts will be reviewed by the head librarians at the October 4th meeting. Two members
needed.
{O[~,
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Plum Creek, SAMMIE, Pioneerland Steering Committee meeting Sept 6. Jack
Sandberg explained the meeting with consultants without directors present.
Possibilities for sharing resources were discussed, induding: delivery services,
employee benefits, technology, etc. Sandberg stated the most striking thing from
the meeting is that Plum Creek System doesn't feel like they have a financial
problem Pioneerland sees this as our biggest issue. Paul Setzepfandt added that
Plum Creek is a federated system so the cities pick up more financial
responsibility. Plum Creek sees technology as their biggest issue. The
possibility of sharing Triple I was discussed. The consultants are looking into it,
however, the data base is difficult and expensive to merge. The consultants will
be at the October board meeting for discussion.
Old Business - None
VI
VII New Business - None
Motion to adioum at 8:20 pm by Eric Weiberg. Second by Jeff Lopez. Motion carried.
Stephanie Williams, Recording Secretary
~ Lo.'j \
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CITY OF HI TCHINSON
COl'NT OF BUlLDll\"G/PLl\IBI:\Gi\IECHANICAL PEH\IlTS
ISSliED A:\ I) VALUATION
Garage
Single Family
Single Famil Twinhomes
Manufactured Home
Window Replacement - Residential
Re-side - Residential
Re-roof - Residential
Residential AdditionlRe air/Remodel
Driveway
Accessory Bldgs (sheds
Deck - Residential
Fence
Basement Finish
COl11l11ercial Addition/Remodel
CommerCIal Re-roof
Industrial Addition/Remodel
Buildings Demolished
Miscellaneous
S rinkling
Mechanical
Plumbin
Signs
TOTAL PERMITS ISSUED A.~D V ALUA nON
No. of Permits
3
3
2
Valuation
36.000
388,000
390,000
3
t
16
7
16
3
4
3
5
7
2
5
3
1
2
7
1
21
11
5
130
6,352,213
12,600
33,400
10,800
5,000,000
7.270
474,143
~ L Cl.-J d.-..
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MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, September 19, 2006
Hutchinson City Council Chambers
1.
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with
the following members present: John Lofdahl, Jim Haugen, Lynn Otteson,
Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff.
Absent: None Also present: Rebecca Bowers, Planning Director, Kent Exner,
City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning
Coordinator
2. APPROVAL OF MINUTES
a) Consideration of Minutes dated August 15, 2006
Ms. Otteson moved to approve the minutes of August 15, 2006 as
submitted. Seconded by Mr. Hantge. The minutes were approved
unanimously.
3.
PUBLIC HEARINGS
a) CONSIDERATION OF VACATION OF DRAINAGE AND UTILITY
EASEMENTS LOCATED BETWEEN LOTS 4 AND 5, BLOCK 1,
FAIRWAY ESTATES SECOND ADDITION (1376 AND 1380 HERITAGE
AVENUE)
Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of
publication # 7499 as published in the Hutchinson Leader on September
7,2006.
Ms. Bowers commented on the request and explained the location of the
vacation of easements. She stated the property owners are not planning
to expand their home over the line. They are combining the two lots into
one lot. She commented on the following staff recommendations:
1. The easement vacation shall be only for the easement
between Lot 4 Block 1 and Lot 5, Block 1, Fairway Estates
Second Addition, as described on the attached legal
description. All remaining easements shall remain in
place.
2.
The property owners are responsible for any utility
relocation costs at their own expense. The additional
water and sewer services shall be properly disconnected
and removed at the owner's expense.
~L~
Minutes
Planning Commission - September 19, 2006
Page 2
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Ms. Bowers suggested revising the second recommendation by deleting
the second sentence to read: "The property owners are responsible for
any utility relocation costs at their own expense."
Discussion followed regarding subdividing the property again in the
future.
Mr. Lofdahl made a motion to close the hearing. Seconded by Mr.
Haugen the hearing closed at 5:39 p.m, Mr. Currimbhoy made a motion to
recommend approval of the request with staff recommendations.
Seconded by Mr. Haugen, with the revision of recommendation #2. The
motion carried unanimously. Ms. Baumetz stated this item will be placed
on the City Council consent agenda at their meeting to be held
September 26, 2006 in the Council Chambers at 5:30 p.m.
0) CONSIDERATION OF A VARIANCE TO INCREASE AMOUN-I- vr
IMPERVIOUS SURFACE IN THE SHORELAND AREA FROM 25%
COVERAGE TO 31% COVERAGE LOCATED AT 915_2ND AVE SW.
Chairman Kirchoff opened the hearing at 5:40 p.m. with the reading of
publication # 7500 as published in the Hutchinson Leader on September
7, 2006.
-
Ms. Bowers commented on the request and explained the shoreland
impervious surface requirement of 25%. She stated the proposal is 31 %
and explained the impervious surfaced used to calculate the percentage.
She discussed the option of eliminating some of the impervious surface
as the garage has not been constructed to date. Staff had concems and
would recommend denial. She reported on some of the staff suggestions
to make the 25%. She commented on the variance conditions of finding
hardship.
Discussion followed on the actual square footage of the lot. Ms, Bowers
stated we must go with the survey.
Discussion followed on the previous variance request and if the property
owner was aware of the coverage requirement. Staff stated he was not at
the time of application. Ms. Bowers commented on the reasons for the
25% coverage. Mr. Exner commented on the water run off and
impervious surface. He explained the water run off in the shoreland will
not go into the stormwater system but into the river.
Ms. Bowers reported the DNR shoreland regulations are under the State
DNR and the City does not have the right to amend these regulations.
Discussion followed on the lot sizes allowed in the shoreland.
e
Mr. Christensen, property owner, submitted his document regarding
percentage of coverage on other shore land properties. The document
contained letters from the County Environmentalist and Program Director
tcL~
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Minutes
Planning Commission - September 19, 2006
Page 3 .
of the Soil and Water Conservation District. He submitted a drawing of
the proposed garage. He stated he is willing to create a rain garden to
collect drainage. He explained he has changed the garage size to
approximately 28'X36'. He commented on the calculations of the lot area.
Discussion followed on past review of shoreland coverage. Mr.
Christensen stated he is meeting the intent. Ms. Bowers stated using
alternative measures such as rain gardens and filters to improve water
quality does help the situation. She explained there are other options to
the 25% requirement.
There was discussion on the use of a 3 car garage and other methods of
removing or chan~ing driveways. There was also discussion of no
driveway to the 3 stall. Mr. Christensen stated he would not want to
have grass as a driveway. Discussion follow of staging construction until
the ordinance is reviewed. Further discussion followed of what is a
hardship and meeting the intent of the ordinance.
Matt McMillan, 925 - 2nd Ave. S.W., commented on the narrow lots and
shared driveways. He stated separate driveways would have created
more coverage. This plan will decrease the present congestion to the two
lots. He reminded the Commission the area was platted many years ago.
e
Discussion followed on not enforcing the shoreland ordinance over the
years. Atty. Sebora stated the Planning Commission may begin
enforcement of the ordinance at any time.
Mr. Betker, commented on the drainage to the neighboring lot. He
suggested moving the garage closer to the road.
Mr. Hantge made a motion to close the hearing. Seconded by Mr. Flaata. i
The hearing closed at 6:35 p.m. Mr. Hantge made a motion to!
recommend approval of the request to change garage size to 984 sq. ft. ,:
with the hardship of unique shaped lot and construct a rain garden to treat!
runoff. Seconded by Mr. Flaata. The motion carried 6 ayes to 1 nay by'
Ms, Otteson. Ms. Bowers stated this item will be placed on the City
Council regular agenda at their meeting held September 26, 2006 in th~
Council Chambers at 5:30 p.m.
4. NEW BUSINESS
Mr. Currimbhoy was excused at 6:39 p.m.
a) CONSIDERATION OF LOT SPLIT REQUESTED BY PAUL BETKER
LOCATED AT 250 OTTAWA AVE SE
e
Ms. Bowers commented on the request in the Southwind Addition. She
stated the process has been discussed with previous similar lot splits.
She reported staff reviewed the lot split submitted and would recommend
approval with the following conditions:
lots.-)3
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Minutes
Planning Commission - September 19, 2006
Page 4
1. The proposed lot splits would meet the standards of
the R-2 zoning district, subject to the conditions stated.
2. Moving or removing of services will be at property
owner's expense.
3. Separate services are required for each lot.
4. Lots at 50% coverage will not be allowed to add sheds,
patios, decks or gazebos. The applicant shall provide
written disclosure to the buyers that no additional
coverage will be allowed beyond the 50%.
5. At the time of platting, money was escrowed for two
trees per lot. However, as money was not provided for
the additional twin home lots, the new lot division will
require one additional tree per lot at
$180.00 per tree, for a total of $360.
Mr. Betker, property owner, stated he still has a problem with the tree
escrow monies required and he has issues with the process. He
explained the second addition wiil meet the present tree escrow
requirement. He stated he would like to see the lot split during the
building permit application process. Ms. Bowers stated the requirement is
the same as last time and must be approved before construction. Mr.
Betker stated the plat was originally approved for twin homes.
Mr. Hantge made a motion to recommend approval of the request with
staff recommendations. Seconded by Mr.Flaata, the motion carried, 6
ayes to I nay by Mr. Haugen. Ms. Bowers stated this item will be placed
on the City Council regular agenda at their meeting held September 26,
2006 in the Council Chambers at 5:30 p.m.
5.
OLD BUSINESS
None
6. COMMUNICATION FROM STAFF
a) Update regarding the Charter School temporary site - Ms. Bowers
commented on a temporary location for the Charter School at the Office
Max building which would require a conditional use permit.
b) Mr. Hantge would like minutes from the staff meetings indicating how
staff voted on issues.
c) Mr. Haugen suggested we review changing the shoreland ordinance.
7. ADJOURNMENT
There being no further business the meeting adjourned at 7:08 p.m.
&; LCo-)3
rf.y~~:RT.t.'.~f~;~_ ~~~~c=~l~~;j:~T!~~~?l~I'-R:~~i~~~"~~~
.ITAXE~t-- - i.- - . -- i:"','iJ<fil----1 "",O"...r: 3,,,,,00000+ ':Oi7:l'44.i1f-. '::;;j
LICENSES I ,_ . 37.532.21l 557.39 '-38-,569.89 -44,900.00~S:33Q.ff'-- -85.90%
PERMITS AND FEES 1-=-_==-==~Q.3.~804_ .~ 54,~?8.02 1359,564.45 --287,100.olf (72,464.45)1 125.24%:
INTERGOVERNMEN;:AL REVENUE, . 1,316,649,~____3.647,~~' J2~76,614.52 2,631'300.00~. _, 1,254.68~.48 __..52.32%,
CHARGES FOR SERVICES : 953.311.79 i 132,469.08 1,004,958.37 1,600,815.00 595,856.63 62.78%!
FINES & FORFEITS, T- - ---- -,-- 41:a9~- 4.273.70 35,472.29 --- 68,000.00 32.527.71-- - -52.17% I
INTEREST- -I-=-=- --~(13,66U4)C- _168.43 --- 6,051.30 _..E.5,OOO,00 61,051.30 t::...::u -11.00%:
REIMBURSEMENTS .1 ___~~7.582~L_~h~8221._~7,520.90 243,422,00 __ 5,901.10 I __ 97.58%j
TRANSFERS T ___~.. 286,676.30 : 22.401 550,482.02 ~ 1,643,500,00 1 ,093.017.98 r___~~49%1.
ISURCHA.B9~~ BLDG ~~ITS_~_ _~.556.3?,t.__2.386.,~'7 _n_ p.Ll~~-,-3l! 6.168.38) _______1
TOTAL i---.+=-~==._J~~~6~.~!..1-6r 2}9,90~~_S,356,355.41~,345,Q~=9+~,.9.~8-!~81~5~ __ 51.78%1
I -1-=--:--=-~--.E. ..~:=-~-J====J-_=-~_-=_._ i =t:===___-=;
~~~t:~~rR.' EPORT jE~-ERAL't-~~e]~~~i.. CI~~:~~~ltiS::~~iCIAL;D~Ei~~.-"'B~~~~ "ERSt~~"l~eJj
.-,--- -- ., t - --- 'YT~-MONTH bATE ACTUAL-'-SUDGETr-REMAINING -uSEDl
!_.==.r----.I---.~~~--_-! ----------;-.----=:=~=_~= I _____...!- ---.'n.--.l
001 MAY~R & CITYg~JJ.!.JClL --t~5.~9~jTt-16.4~5.()6J._ 5~6~.9::r-. ~68.8-:oor__:_-.:::_8.?~-:-11 98.5~~1
OO~ CITY AD~If\lISTRATOR 205.38Q.!Q,_21,.9~.!-!.1.U10,062}~_~15,678.00 ,.!Q~.6!!i.03 66,:540/01
003 ELECTIONS . 544.72 I 3,753.8~2,331.58 ,17,700.005,368.42 69.67%,
004 FINANCE DEPARTMEN.L. _ 321,024.25 ._..E3.7Q~ 341,456.36 ... 482,974.00'=-14121_7.70--- 70.70~
005 MOTOR VEHICLE _____ ,_ 140,978.73_._1~93.74' 149,234.10 ._.?~442.,OO I n___65.207~ I ._.~.29.~
006 ASSESSING., .., .! .,44,216.00! 47.175.00 I" 47,175.00 48,000.001, 825.oo} 98.28%:
007 LEGAC'- - . -- ----- . T 145~725.82 !-13,061.31~ '134,628.98-175.078.0'0+= -40-;'449.02.- --'76.90%i
.. ~~~ iN~~~~~~I;N'~~~~~~~~"'F ~~~~St!--=U:~~Hh--~ ~~~~~~rL~~~:~~:~-j~~~~~~:~~~:gr" ~ ,~i~~~~~
.., ~~~ ~~~~~~NEt:~1m;~~ME:; ..,+-[~8i~~~t.~~J--101.3~J}t}))6~~~!:;~ " .21~~:~~~~.~=-nl~:'1~;:~~-L~.-~:~~
116SAFETY COMMITTEE- --- -- ,- - 5,199.84" ..., ,801~1K, -11,871 :1('- '17,B50~66T ----5.978:84 -'-66.51 ~
120 FjREDEP.6.RTMENT-' --- -1212,806.96" -12s:210,B4nr, ,329.807.60 427~63i.oO~97.829.40, --77.12%'
~~~~~i~N~Y~6NS~g':fc)ti~--F'~f~:~~~~+'~~:~;HV. ~~:;~~~~T:' ~~::i~~I~ --1 ~::;~~:~--~= ~~:~~
152 STREETS & ALLE:YS'''::''.,~, -._-r:,..~,6, !8,,690, .:fl, ,.;',~,.67.321.47,H, -, -8"l~3JL..9-H.,-1,188:2B6.0Q-I,-~,' 3. 71,974.09 ,68.61%J
160 CITY H~.~E3.LJILDING_ --1-. 106,7~8.W.:. _ 7,2~2.84 c u1()!,Q.2.2,64 __151,31}.00 _.. . ~Q,2~c36 __J66.?~~1
201 PARKlRECREATION ADMINISTR, 129.542.96 I 13,484.98...j 139.140.54 l- 189,526.00 I 50,385.46 ; 73.42%:
1~~~1~r:;~~~~~T~R. un]. ,.,~_}~~~~~_i--~~~:~H_-1.~;:~~~::~ nn~~~;~~~:~~t'---=---'~:1~;:;:~1
204 CIV~~ARENA__.L_ _ _ I d1~7.48~5!.LJ 7,44.Jl.1 Q.;'.....2J 5284U5. u_ 291",11.5.ilo.. __,l!ip3'~und--.1.4J_4'YoJ
! 205 PARK DEPARTMENT ,T 731.848.17 J 57,2.23.34' 570,140.78 785,374,OOr, 215,233.22 . . 72.59%1
'1~! ;~i~~~!5!~~~~~O'~r_}1:~~Ji1-~-~Ull:~l==~~H~f~~ t---~!1~i~til~.=~~:~1t,~~.~~~=,~:!i~i
250 LIBRARY 'J " ' d113,683.08' ,2,149.74., 113.880.55. 159.544,001, .', 45,86~ ,71.38%1
~{CEMETE:'3'!'~ ~ _ '.n_ _~_t.i6~126JLf_:'~f~to-3}6_-~~11.~,~Q3.:20~_~1~}395.:.()6"::_-=-:2.0.591-80[_ _ ~~- 8:{~2o/~i
;.~10 DEBT SERVICE::.'._., ,J 5,241,25". ""... 2,791.25 162.541.00+ 159,749.75 ,,1,72%!
1320 AIRPORT . ,. ~.n__ . 1- 88,349.99'1 . 6,812.33 ~m "'70,632.58 102:316.00 - 31,683~42 -mu- 6903o/~i
j 350 UNALLOCATED GE'N.ERAL EXPSu 349.317.83 T- 54,665~5j'--470,938.44--- 807..250.00 r__'336,3,11.56 -. --58.34%1
L_ --'fT6TAL- ~=~:..-.- '-n:692,549_:_i~.L -871i9~~391 7, i.~,45Y .101 10:3-4S~037.00 C 3, 15jJ~..~Q. ~- 69.54%1
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:sePte~:rL '~d_______.~+ , , - 2005 CITY OF ~~~~HINSON F~~::CIAL REP~~t-~-2006
REVENUE REPORT - GENERAL --jun . ACTUALl Septe-niiierl- YEARTO uADOPTED -BALANCE ~~CENTAGEI
I -;~-,_.-~ ---, YeartoDate-:- MONTH DATE ACTUAL: BUDGET. REMAINING -- USED I
:~- -~. ~T~'..~ - -----+-- ---- - -- - --, t------.-~._-_.t.- - ~------,----~----_._-~..-----
iTAXESd ---i--- - , 1;66-e.264:-n':'- - 0.OO~,753,055.8gfn3Ji1~00.OO _ 2,017,944.11 46.49%
i LICENSES ,_________ --------- 37,532.21 557.39 38,569.89 I 44.900.00 6,330.11 85.90%
rPERMlTS ANDFEES ~---. ----303,596.04 I 54,826.02 359,564.45 I 287.100.00 ------n. 464.45) __u_ 125.24%
!(NTERGOVERNMENTAL REVENUE.-{316.649.69L.M:4!~6.5 1.,376,614.52 i 2.631.300.DCl 1,254,685.48 _~32%1
IcHARGESFORSERVICES----- --953.31(79- _ 132,469.08 1,004,958.37 I 1.600,1315.00 ~?,856.63 _~.1?%
'FiNEs & FORFEITS T-------- -41,899.02 ~ 4.273.70 35.472.29 I 68,000.00 32,527.71 52.17%
iINTERESTJ~. .! - __:(f3.662)~J--- -168.43 - (El,O.?'!}_Ql _ __ 55,000.00 '___61,051.30 -11.00%
! REIMBURSEMENTS _.1______ __ _~. _.167,582.36.1 81,548.72 237,520.90 _ .?:4~422.00;.__ 5,901.10 97.58%
[TRANSFERS ____---.l_______~6.676.30_: _ 22.40 _~().<1!l~.02 .11l43,.?.OO'00~ 1,093,017.98 33.49"&)
IS~ARGES - BLqGt~R~~T~ _ __3c~~.31...; _ __ 2,386.57 _ 6,168.38 ___ 0.00, _ _.16,168.38 0.00%;
C~; I~-J 4J65.4~~~J'~:.55]~'4503700 L:"~"!. "~~
Septembe_ . ... ,.'., 2005: 2006, _20061 '. 2006,. ,2006 September!
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IGe'leral GQ~----:- - un n --1,:>50:149.76; _ 211;588.7C1 :325,597:381-1.896.045.00 I 570,347 .62 r---S9:J:2~~ i
!----'~-_._-- -_.--,- -.--- ---- --------j ---------------- -.--:--.. --- ----- ----, -------------.---. -"--_.-------------:-----------,~------~-.- ---------------.-
(Ubll~..?afetL_ _ _,. . [2,1882.64,136-i-___3:4.9.'.8.()0...9.9 '- 2,475,0?.?66, _3..423..t)~,?,QQ.L~~623.34 i ~_72,2901
Street~&Alle~ _ . -L------ _..L1,06~57 .~~L __1 06!~73..1.3,...1.J.95.030.94_LU62.392.0..QL .._567 ~Ei1.06 j__ 67.81%;
Parks & Recreation.l_n _.m__ :_n1,754,710.28~_ .14.4,659,!iQi.1 ,Ei53,337.8~..?.J90,841.~_ 537,503.15 I~_ 75.47%1
iMiscellaneous____-+_______.L_ 437,6.Ei'L~___ . __61"4.'77 ,99: .!;:4~3..Ei2.1i':_1,071. 1 07.0..Q+__.5P,744. i'.3~___m 50.7"7"&1
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CITY OF HUTCHINSON
e CERTIFICATES OF DEPOSIT
19-0ct-06 September 30, 2006
Date Date
Interest Of Of
Institution Description Rate Purchase Maturity Amount
US BANK FHLB 4.10% 11/3/2004 11/19/2008 375,000.00
Smith Barney FHLMC med 4.00% 7/30/2004 7/27/2012 300,000.00
step up
Smith Barney FHLB C 4.50% 1n/2004 7/30/2009 300,000.00
Smith Barney FHLB C 4.500% 4/28/2005 10/28/2008 750,000.00
Smith Barney FHLB C 5.010% 4/26/2005 4/26/2010 270,000.00
Smith Barney FHLM -C 4.650% 11/21/2001 5/21/2007 300,375.00
Smith Barney FHLM -C 5.550% 3/1/2006 3/1/2011 500,COO.CO
Smith Barney Rhinland (commerci, 5.200% 9/28/2006 10/26/2006 3,504,658.12
Wells Investmen' FHLN 5.279% 03/22/06 01/29/07 500,000.00
Wachovia FHLB 4.00% 5/22/2003 5/22/2013 300,000.00
e Wachovia FHLB 4.00% 6/12/2003 6/12/2013 300,000.00
Wachovia FHLB 4.000% 6/26/2003 06/26/13 400,000;00
Wachovia FHLB 4.000% 7/16/2003 7/16/2013 200,000.00
Wachovia FHLB step 4.500% 2/9/2005 2/9/2007 625,odo.00
step up I
!
Wachovia FHMA 5.350% 03/16/06 09/14/07 200,OpO.00
Wachovia FHLB = step UI 5.000% 04/18/06 04/18/08 300,000.00
step up
First Minnesota 2.670% 11/16/04 12/19/06 400,qOO.00
First Minnesota 4.650% 11/18/05 11/20/06 750,000.00
Home State 4.950% 03/24/06 10/13/06 500,000.00
--------------------------
$10,775,033.12
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~lO-JS
RESOLUTION NO. 13063
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CITY OF HUTCHINSON
RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM COST PURPOSE DEPT. BUDGET VENDOR
Truck body 26,287 Replace of truck body on Central YES Crysteel Truck Equipment
exiting chassis Garage
I : ;
ene following items were authorized due to an emergency need:
ITEM COST PURPOSE DEPT. BUDGET VENDOR
Unleaded Gasoline 416,933.43 Use by MnDOT, City, HATS YES Cenex - Hutchinson Co-oJ:
8,502 gallons County
Date Approved: October 24, 2006
.otion Made By:
Seconded By:
Resolution submitted for Council action
Kenneth B Merrill
by: Finance Director
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MEMORANDUM
DATE:
October 18, 2006
TO:
Hutchinson City Council
FROM:
Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF VACATION OF A PORTION OF THE EASEMENT
LOCATED ON THE SOUTH LINE OF LOT 14, RICE ADDITION, 630 DALE
STREET S.W.
Request:
The property owner has applied for the vacation of four feet of the 10 foot drainage and utility
easement on the south line of Lot 14, Rice Addition to construct an addition onto the garage
located at 630 Dale St. S.w. The proposed addition is 9' x 25' and will meet setback
requirements. The present easement is 10 feet. The remaining easement would be the typical
6 foot easement. There is a 6' easement on the south side of the line.
PlanninQ Commission MeetinQ:
The Planning Commission held a public hearing and considered the request at their October
17, 2006, meeting. There were no property owners who made comment or objected to the
request. The following conditions were recommended by the Planning Commission and staff:
1. The easement vacation shall be only for the 4 foot portion of easement alorlg the
south line of Lot 14, Block 1, Rice Addition. All remaining easements shall remain in
place.
2. Overhangs may not encroach into the existing 6 foot easement.
3. The Property owners are responsible for any utility relocation costs at their own
expense.
Recommendation:
The Planning Commission unanimously recommends approval of the vacation of
easements with the stated findings and conditions and recommends approval of the
attached Ordinance #06-0446.
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PUBLICATION NO.
ORDINANCE NO. 06-0446
AN ORDINAc~CE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING UTILITY AND
DRAINAGE EASEMENTS LOCATED ON THE SOUTH LINE OF LOT 14, RICE ADDITION,
630 DALE STREET S.W.
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Section I. Notice of hearing was duly given and publication of said hearing was duly made and
was made to appear to the satisfaction of the City Council that it would be in the best interests of
the City to vacate utility and drainage easements located in Rice Addition.
Section 2. That the utility and drainage easements to be vacated are described as follows:
Description for proposed easement vacation Lot 14, Block 1, Rice Addition to Hutchinson:
Vacate the North 4.00 feet of the 10.00 foot wide utility easement lying north of and adjoining the
south line of Lot 14, Block I, Rice Addition, according to the recorded plat thereof. The easterly
line of that part of the easement to be vacated being the easterly line of said Lot 14 and the
westerly line of that part of the easement to be vacated being the easterly line of the westerly 6.00
feet of said Lot 14.
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Section 3. This ordinance shall take effect from and after passage and publication.
Adopted by the City Council this 14th day of November, 2006.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
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(0 Lc- ') \
DIRECTORS REPORT - PLANNING DEPARTMENT
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To:
Hutchinson Planning Commission
(Persons in attendance at Planning Staff Meeting (in bold) :
From:
Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Dan Sexton,
Jean Ward, John Rodeberg, P.E., John Webster, Steve Sturges, Steve
Lancaster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner,
Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan
Hatten, Dick Nagy, Rebecca Bowers, and Bonnie Baumetz
Date:
October 10,2006- Meeting Date: October 17, 2006
Applicant:
Daryl Patrick, Property Owner
CONDnGONALUSEPERMUT
Brief Description:
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The property owner has applied for the vacation of four feet of the 10 foot drainage and
utility easement on the south line of Lot 14, Rice Addition to construct an addition onto
the garage located at 630 Dale St. S.W. The proposed addition is 9' x 25' and will meet
setback requirements. They are also asking if the second floor cantilever would be
allowed 1.8 feet into the 6' setback area. The present easement is 10 feet. The remaining
easement would be the typical 6 foot easement. There is a 6' easement on the south side
of the line.
GENERAL INFORMATION
Existing Zoning:
R2 (Medium Density Residential)
Property Location:
630 Dale Street SW
Lot Size:
.27 acres
Existing Land Use:
Single Family Residential
Adjacent Land Use
And Zoning:
R2 (Medium Density Residential)
Comprehensive
Land Use Plan:
Traditional Residential Neighborhood
Applicable
Regulations:
City Charter
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SPECIAL INFORMATION
Transportation:
Dale Street
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Vacation of Easemen ts
630 Dale St. S.W.
Planning Commission- October 17, 2006
Page 2
Parking:
N/A
Analysis and
Recommendation:
The request to vacate a four foot portion of the drainage and utility
easement met positive reaction by the staff present. There was a
question regarding the possibility of allowing a cantilever to hang over
the remaining easement area by 1.8 feet. The Engineering and Utilities
Departments voiced concern regarding the possibility of allowing the
cantilever over the remaining easement. They would recommend
protecting the 6 foot easement. Staff discussion followed regarding
allowing any type of overhang into easements. The ordinance is not
clear on the subject. Staff would recommend approval of vacating 4
feet of the 10 foot drainage and utility easement with the following
conditions:
I. Overhangs may not encroach into the existing 6 foot easement.
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Cc:
Daryl Patrick, 630 Dale St SW
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::Y FOR DARYL PATRICK
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DESCRIPTION fOR PROPOSED EASEMEtH VACATION
Lot 14, Block I, RICE ADDITION TO HUr:::HINSON
Vocate the North 4.00 feet of the 10.00 foot wide utility easement lying
north of and adjoining the south line of Lot 14 J Block I, RICE ADDITION,
according to the recorded plot thereof. The easterly line of that port of
the easement to be voca'ed being the easterly line of said Lot 140nd
the westerly line of that port of the easement to be vacated being the
p'f.lsterly line of the we!;tEirly 6.00 feet of ~aid Lvi 14.
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MEMORANDUM
DATE: October 18, 2006
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF ZONING ORDINANCE AMENDMENT TO ADD TOWING
COMPANY OFFICES AND IMPOUND LOTS TO C-2 (AUTOMOBILE
SERVICE/COMMERCIAL DISTRICT) FOR MODERN MAZDA TOWING
Request:
The applicant has requested an ordinance amendment to add towing company offices with
impound lots to the C-2 (Automobile Service/Commercial District) zoning district as a
permitted use. Permitted uses in C-2 are also conditionally permitted in the C-4 (Fringe
Commercial) district. If the ordinance amendment is approved, the applicant will need to
apply for a conditional use for the specific site. Their intention is to move their towing
company to 700 Airport Road S.W., which is zoned C-4.
Additional details and analysis on the proposal are contained in the attached staff report. A
map identifying the properties that are zoned C-2 and C-4 is also attached.
PlanninQ Commission MeetinQ:
The Planning Commission held a public hearing and considered the request at their October
17, 2006, meeting. There was no one present who spoke on the requested amendment. The
Commission discussed the ordinance and various properties in which towing companies could
be permitted. Also discussed was the change in the nature of towing companies and the intent
of the C-2 (Automobile Service/Commercial) district. The Commission unanimously
recommended approval with one addition to the proposed ordinance to clarify that the required
fencing must provide 100% opacity. The proposed ordinance with the recommended change
by the Commission is attached.
Recommendation:
The Planning Commission unanimously recommends approval of the attached zoning
ordinance amendment and resolution with the stated findings and conditions.
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PUBLICATION NO.
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ORDINANCE NO. 06-0447
AN ORDINANCE AMENDING SECTION 154.062 OF THE HUTCHINSON
MUNICIPAL CODE TO ADD LANGUAGE ALLOWING TOWING COMPANY
OFFICES WITH IMPOUND LOTS TO THE C2 (AUTOMOBILE
SERVICE/COMMERCIAL DISTRICT)
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Section 1. Notice of hearing was duly given and publication of said hearing was duly made and
was made to appear to the satisfaction of the City Council that it would be in the best interests of
the City to amend Section 154.062 of the City Code to allow towing companies with impound
lots in the C2 District as follows:
154.062 C-2, AUTOMOTIVE SERVICE COMMERCIAL DISTRiCT.
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(A) Purpose. The C-2 district is intended to provide locations for businesses which generate
a high degree of automobile traffic and which would properly be dlNeloped along major thoroughfares of
the community.
(B) Pennitted principal uses. The following uses are permitted, as regulated herein, without
special application requirements or conditions attached. Highly similar uses not listed may be allowed
upon the detennination of the City Council.
(1) Retail sales businesses;
(2) Service stations, automobile repair shops. For standards, see 9154.111 of this
code;
(3) Car wash operations, including automated lanes. For standards, see 9154.112;
(4) Business and professional offices;
(5) Drive-through banking facilities, postal centers and similar uses;
(6) Convenience goods store; including gasoline pumps, subject to a maximum of
4,000 square feet of enclosed sales area;
(7) New car, marine,fann machinery, manufactured home, sales and display areas,
when operated in conjunction with and as part of the new itemfranchised
dealership;
(8) Nurseries and garden supply centers,'
(9) Motels; end
(10) Restaurants, including convenience food restaurants.
OJ) Towin/;! companv offices with fenced impound lots. subiect to PTOvidin/;! a
completelv fenced and screened enclosure to 100% opacitv. Fences must be a
minimum of6 feet hi/;!h and constructed of wood or equivalent materials.
(C) Conditional uses. Used carJann machinery, marine and mobile home sales and display
areas when not operated as a part of new item franchise dealership.
FFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is
adoption and publication.
Adopted by the City Council this 14th day of November, 2006.
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Attest
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
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RESOLUTION NO. 13062
RESOLUTION APPROVING FINDINGS OF FACT FOR AMENDING
SECTION 154.062 OF THE CITY CODE TO ADD TOWING COMPANY OFFICES WITH IMPOUND LOTS
TO THE C2 (AUTOMOBILE SERVICE/COMMERCIAL DISTRICT)
Whereas, Lowell Baumetz, Modem Mazda Towing, has submitted a request to amend Section 154.062 of the City Code to
allow towing company offices with impound lots in the C2 (Automobi]e Service/Commercia] District), and
Whereas, the Planning Commission has held a public hearing on October 17, 2006 on the request and considered the
effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and
anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the
Comprehensive Plan, and hereby recommends approval of the request.
The City Council has considered the recommendation and fmdings of the Planning Commission and hereby does
approve of the ordinance amendment, subject to the following findings:
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I. City Council has considered the recommendation of the Planning Commission and the effect of the proposed
use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, and the effect on values of properties in the surrounding area and the effect of the use on the
Comprehensive Plan.
2. The Council has determined that the proposed use is in harmony with the general purpose and intent of the
Zoning Ordinance and the Comprehensive Plan,
3, The proposed amendment would be consistent with the intent and purpose of the C-2 (Automobile
Service/Commercia] District).
4. The proposed amendment would also allow towing company offices with impound lots as a conditional use in
the C-4 (Fringe Commercial District).
Adopted by the City Council this 24th day of October, 2006.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
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DIRECTORS REPORT - PLANNING DEPARTMENT
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To:
Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Dan Sexton, Jean
Ward, Jobn Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Kyle
Dirnler, Kent Exner, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim
Popp, Dan Hatten, Dick Nagy, Rebecca Bowers, and Bonnie Baurnetz
(Persons in attendance at Planning Staff Meeting (in bold) :
Date: October 9, 2006 for the October 17, 2006 Planning Commission
Application: Zoning Ordinance Amendment to Add Towing Company Offices and Impound Lots to
C-2 (Automobile Service/Commercial District)
Applicant: Modern Mazda Towing, Lowell and Bonnie Baumetz
Requested Zoning Ordinance Amendment:
The applicant has requested an ordinance amendment to add towing company offices with impound lots to
the C-2 (Automobile Service/Commercial District) zoning district as a permitted use. Permitted uses in C-2
are also conditionally permitted in the C-4 (Fringe Commercial) district. If the ordinance amendment is
approved, the applicant will need to apply for a conditional use for the specific site. Their intention is to
move their towing company to 700 Airport Road S.W., which is zoned C-4.
tit The attached map identifies the location of the location of C-2 and C-4 zoning districts.
Proposed Amendment:
The ordinance amendment proposed by the applicant is to add "towing companies with impound lots" to the
permitted uses. Draft ordinance language is as follows: '
154.062 C-2, AUTOMOTIVE SERVICE COMMERCIAL DISTRICT.
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(A) Purpose. The C-2 district is intended to provide locations for businesses which
generate a high degree of automobile traffic and which would properly be developed along mpjor
thoroughfares of the community.
(B) Permitted principal uses. The following uses are pennitted, as regulated herein,
without special application requirements or conditions attached. Highly similar uses not listed may
be allowed upon the determination of the City Council.
(1) Retail sales businesses;
(2) Service stations, automobile repair shops. For standards, see 9 I54.111 of
this code;
(3) Car wash operations, including automated lanes. For standards, see 9
154.112;
(4) Business and professional offices;
(5) Drive-through banking facilities, postal centers and similar uses;
(6) Convenience goods store; including gasoline pumps, subject to a maximum of
4,000 square feet of enclosed sales area;
(7) New car, marine, farm machinery, manufactured home, sales and display
areas, when operated in conjunction with and as part of the new item
franchised dealership;
Co [c-') d-
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Zoning Ordinance Amendment
Planning Commission- October 17, 2006
Page 2
Nurseries and garden supply centers;
Motels; fffld
Restaurants, including convenience food restaurants.
(C)
(8)
(9)
(10)
(11) Towin!? company offices with fenced impound lots. sub;ect to providin!? a
completely fenced and screened enclosure. Fences must be a minimum of 6 feet
hifdl and constructed of wood or equivalent materials.
Conditional uses. Used car. farm machinery, marine and mobile home sales and
display areas when not operated as a part of new item franchise dealership.
Analysis:
In reviewing the proposed amendment, the Commission should consider the proposed use with the purpose
of the zoning district. The purpose of the C-2 (Automobile Service/Commercial District) zoning
district is "intended to provide locations for businesses which generate a high degree of traffic and
wlllch would properly be developed along major thoroughfares of the community." Permitted uses
include several auto oriented uses such as service stations, auto repair shops, car washe~, drive-dlru
banking, convenience stores with gasoline, new car sales and display.
The proposed ordinance change was presented at the planning staff meeting to add "towing
company offices with impound lots" to the C-2 zoning district as a permitted use, wlllch would also
allow the use to be conditionally permitted in the C-4 district. After discussing the item, several
staff recommended that towing company offices be added to the C-4 district as a conditional use
only, rather than as a permitted use in the C2 zoning district and conditionally permitted in C-4.
The concern was to not have control over a towing company ifit was listed as permitted in C2. To
address this concern, staff added a fencing and screening requirement into the proposed amendment.
As shown on the zoning map, there are very few properties that are zoned C-2. However, adding
the proposed use to the C-2 district would be consistent with the purpose of the district and would
also allow the use to be conditionally permitted in the C-4 districts.
Conclusion:
A draft ordinance is attached for the public hearing and for the Planning Commission's review.
Based upon the discussion and direction from the Planning Commission, staff will prepare a
resolution adopting findings of fact for the ordinance amendment.
Cc: Lowell and Bonnie Baumetz, 15757 160th St reet
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Modern Mazda
585 Highway 7 West, Hutchinson MN 55350
Telephone 320.587-4603 or 800.342-2486
. Fax 320-587-5892
Sales. Leasino . Service . Car Rentals. 24 Hr. Towino
September 18, 2006
To: Planning StatI: Planning Commission and City Council
Please consider amending Section 154.062 (C-2 - Automotive Service Connnercial District) by
addirlg the language "Towing companies with impound lots." to the list of permitted uses.
Permitted uses in the C-2 District are conditionaily pennitted in the C-4 (Fringe Commercial)
Districts.
In the past, service stations and automobile dealers provided 24 hour towing service to the
community. Presently, there are fewer service stations. and automobile dealerships no longer
include 24 hour towing service.
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Now and in the future, Hutchinson will be serviced by independent 24 hour towing companies
with fenced impound lots.
We have decided to move our towing company and impound lot to 700 Airport Road S.W. This
property is zoned C-4 (Fringe ConnnerciaI) and we understand, if the amendment is approved. we
must apply for a conditional use permit to locate in the area. The property is appropriate for our
business since there is presently an auto repair shop and airport on the south side of Airport Road.
Our proposal will include a fenced impound lot with hardsurfaced parking. We will use 1/4 of the
existing building for office space and garage for the tow trucks. Our proposal will clean up the lot
and create a more sightly drive along Airport Road.
We would appreciate your approval of <;Jur request and look forward to relocating our towing
company to 700 Airport Road.
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~onnie Bawnetz
Modern Mazda Towing
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MEMORANDUM
DATE: October 18,2006
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF A CONDITIONAL USE PERMIT AND SITE PLAN FOR
RE/MAX REAL ESTATE OFFICE AT 255 AND 287 HIGHWAY 7 EAST, FOR
RE/MAX REALTY (JANET VALEN AND BOB SANDSTEDE)
ReQuest:
The property own~r is requesting approval of a conditional use permit and site plan for a
building addition and site improvements to open a Re/Max real estate office at 255 and 287
Highway 7 E. There are presently residential uses on both properties, however the
structures have contained non-residential uses in the past. The house on the east and the
existing garage would be removed to allow room for parking expansion. Additional history,
details, and analysis of the proposal are contained in the attached staff report to the
Planning Commission.
Since the Planning Commission staff report was written, the applican't made some revisions
to the site plan, including providing two additional parking spaces, minor revision to the!
parking arrangement, removal of the garage and some drainage information. The revised
I
site plan was provided to the Commission for review at the meeting. .
PlanninQ Commission MeetinQ:
The Planning Commission held a public hearing and considered the request at their OCtober
17, 2006, meeting. There was no one present, other than the applicant, to speak on the
request. After discussing the proposal, the Commission unanimously recommended approval
of the conditional use permit and site plan.
Recommendation:
The Planning Commission unanimously recommends approval of the attached resolution
approving a conditional use permit and site plan with the stated findings and conditions.
(P l c.:j?:;
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RESOLUTION NO. 13061
RESOLUTION APPROVING A SITE PLAN AND CONDITIONAL USE PERMIT REQUESTED
BY JANET V ALEN AND ROBERT SANDSTEDE TO ALLOW A REAL ESTATE OFFICE IN
THE IIC (lNDUSTRlAL COMMERCIAL) DISTRICT LOCATED AT 255 BWY 7 EAST
Whereas, Janet Valen and Robert Sandstede, property owners, have requested approval of a conditional
use permit for property located at 255 Hwy 7 East, legally described as follows:
The Westerly 55 feet of all that portion of Lot One (I) in Block Three (3) in the
Townsite of Hutchinson North Half, lying Northerly of the Hutchinson-Silver
Lake Road, excepting therefrom all Railroad right-of-way.
The East line of said tract is parallel to and distant 55 feet Easterly from the
Westerly boundary line of said Lot 1 in said B!xk 3,
AND
All that portion of Lot One (1) in Block Three (3) Townsite of Hutchinson,
North Half lying north of the Hutchinson-Silver take Road but saving and
excepting therefrom the Westerly 55 feet thereof and also saving and excepting
therefrom the right-of-way of the Minnesota Western Railway. The west
boundary line of said tract is rarallel to and distant 55 feet easterly from the
west boundary line of said Lot . "
AND ALSO
That part of Lots One(l) and Two (2) in Block Three (3) in the Townsite of
Hutchinson, North Half described as follows, to-wit: Commencing at the
northeast corner of the Southeast Quarter of Section 31, Township 117 North,
Range 29 West; thence south along the east line of said Southeast Quarter a
distance of 970.00; feet thence southwesterly 268.19 feet along a line which
prolonged southwesterly intersects the southeasterly line of said L:Jt 2 a
distance of 50.00 feet westerly of said east line, as measured at a right angle to
said east line, to the point of beginning of the land to be described; thence
continuing southwesterly, along said southwesterly prolongation, 45.39 feet to
said intersection with the southeasterly line of Lot 2; thence south, parallel with
said east line, to the intersection with the northerly right of way line of State
Highway No.7; thence easterly, along"said right of way line, to the intersection
with said east line; thence north along said east line, to a point 1241.04 feet
south of said northeast corner of the Southeast Quarter; thence westerly, to the
point of beginning.
ALSO
That part of Lot Two (2) in Block Three (3) in the Townsite of Hutchinson,
North Half described as follows, to-wit: Commencing at the northeast corner
of the Southeast Quarter of Section 31, Township 117 North, Range 29 West;
thence south along the east line of said Southeast Quarter a distance of 970.00
to L~J3
Resolution # 13061
RE/Max - 255 Hwy 7 E
Page2
feet; thence southwesterly 268.19 feet along a line which prolonged
southwesterly intersects the southeasterly line of said Lot 2 a distance of 50.00
feet westerly of said east line; thence continuing southwesterly along said
southwesterly prolongation, 45.39 feet to said intersection with the southeasterly
line of said Lot 2; thence southwesterly, along said southeasterly line of Lot 2, a
distance of 52.03 feet to a point 274.20 feet northeasterly of the southeasterly
corner of said Lot 2 as measured along said southeasterly line,; thence
northwesterly, at a right angle to said southeasterly line, a distance of 52.00 feet;
thence northeasterly parallel with said southeasterly line, a distance 77 ,54 feet;
thence easterly 36.63 feet to the point of beginning.
Whereas, the Planning Commission has held a public hearing on October 17, 2006 on the request and
considered the effects of the proposal on the health, safety, and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the
surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the
request.
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The City Council has considered the recommendation and fmdings of the Planning Cornm;ssion and
hereby does recommend approval of the conditional use permit and site plan, subject to the following
findings and conditions:
e 2.
3.
4.
5.
6.
1. The City Council has considered the recommendation of the Planning Commission and the effect
of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands,
existing and anticipated traffic conditions, and the effect on values of properties in the
surrounding area and the effect of the use on the Comprehensive Plan.
The Council has determined that the proposed use is in harmony with the general purpose and
intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below
are met.
The proposed use would meet the standards for granting a CUP.
The proposed addition and site improvements would comply with the standards of the I1C
~~~ I
The applicant shall provide detailed plans on the proposed grading and drainage for the:
site to be reviewed and approved by the City Engineer prior to construction on the site.'
The applicant will work with utilities regarding proper disconnection and/or relocationiof
services. Relocation of any services will be at the property owner's expense.
Adopted by the City Council this 24th day of October, 2006.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
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&Cc'J3
DIRECTORS REPORT - PLANNING DEPARTMENT
To:
Hutchinson Planning Commission
From:
Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Dan Sexton, Jean
'Yard, John Rodeberg, P.E., .Tohn Webster, Steve Sturges, Steve Lancaster,
John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, Mark Schnobrich,
Marc Sebora, Gary Plotz, Ken MelTill, .Tim Popp, Dan Hatten, Dick Nagy,
Rebecca Bowers, and Bonnie Baumetz
(Persons in attendance at Planning Staff Meeting (in bold)
Date:
October 6, 2006 for October 17, 2006 Planning Commission Meeting
Application: Conditional Use Permit and Site Plan to Allow Re/Max Real Estate Office at
255 and 287 Hwy 7 East
Applicant:
Re/Max, Janet Valen and Bob Salldstede
. 'EI":";':~;";__~
CONDITIONAL USE PERMIT AND SITE PLAN
The property owner is requesting approval of a conditional use permit and site plan for a building
addition and site improvements to open a Re/Max real estate office. The property is shown
below. There are presently residential uses on both properties, however the structures have
contained non-residential uses in the past. The house on the east would be demolished to allow
room for parking expansion. One of the structures was previously the Redman Real Estate
house.
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ReMax 255/287 Hwy 7 E
Planning Commission- October 6, 2006
Page 2
Existing Zoning:
Property Location:
Lot Size:
Existing Land Use:
Adjacent Land Use
And Zoning:
Comprehensive
Land Use Plan:
Zoning History:
Applicable
Regulations:
GENERAL INFORMATION
I1C (Industrial Commercial District)
255 and 287 Hwy 7 East
255 Hwy 7 E - .42 acres
287 Hwy 7 E - .13 acres
(To be combined by owners)
Residential and previously commercial uses
R2 (Medium Density Residential) on the west and north
1-1 (Limited Industrial Park) on the east
C4 (Fringe Commei'cial) on the south
Traditional Residential Neighborhood
In 1993, the property was zoned R2 and C4. In 1999, both properties
were rezoned to lie. A conditional use permit (CUP) was approved for
computer business in 2001. The property has since become residential,
however City records do not identify that another CUP was granted or
any change in use was approved by the City.
The City reviewed and approved a proposed rezoning from IIC back to
R-2 at the July 25, 2006 meeting. However, before the final reading arid
adoption, the owner requested that it be withdrawn or denied in order !to
sell it as a commercial property for the proposed ReMax real est~te
offi~ :
Section 154.168, City Code
SPECIAL INFORMATION
Transportation:
Parking:
Hwy 7 East
The Zoning Ordinance requires 5 spaces per 1,000 square feet for general
office uses and does not provide a specific requirement for real estate
offices. Based upon a gross building area of 7,341 square feet, 37 parking
spaces would be required based upon a general office calculation. The
applicant proposes 31 spaces. Based upon staff research of office parking
standards and characteristics of a real estate offices, less parking spaces
would be needed than a typical office use. The average range of spaces
required for office uses per the ITE Parking Generation Manual is 4 spaces
per 1,000 gross square feet. Using this calculation, 29 spaces would be
required. Based upon this information, staff finds that the proposed 31
spaces should be adequate for the proposed use. Staff also notes that the
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ReMax 255/287 H wy 7 E
Planning Commission- October 6, 2006
Page 3
applicant may be removing the garage shown to be relocated, which may
allow additional room to construct parking in the future if needed.
Setbacks:
The building setbacks outlined in the VC district are recommended, rather
than required, as the purpose of the VC district is to allow development in
areas where there is transition in use occurring. The existing structure
does not comply with the recommended setbacks and has approximately
9' 4" setback to the west property line. Due to the angle of the lot, the
proposed addition would slightly increase the non-conforming setback on
the west to a 5' 7" setback.
Analysis and Recommendation:
A one-stop shop was held with staff on Oct. 10th. One of the issues previously discussed with
the applicant was removing the secondary access from Highway 7. The revised plans show
removal or the secollllary access and an improved parking layout. Planning staff discu""".1 ill";
parking provided on the site with the applicant. Engineering staff stated that additional
information regarding elevations and drainage will need to be provided prior to construction.
Utility and sewer access details were also discussed.
As there are no permitted principal uses in the VC (IndustriaIlCommerical) District, approval of a
conditional use permit (CUP) is required for all uses. A CUP shall be granted only if evidence is
e presented to establish the following:
(a) The proposed building or use at the particular location requested is necessary or
desirable to provide a service or a facility which is in the interest of the public
convenience and will contribute to the general welfare of the neighborhood or
community;
(b) The proposed building or use will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, utility
facilities and other matters affecting the public health, safety and general welfare; and
(c) The proposed building or use will be designed, arranged and operated so as to permit
the development and use of neighboring property in accordance with the applicable
district regulations.
Staff recommends approval of the conditional use permit and site plan subject to the following
findings and recommended conditions:
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1. The proposed use would meet the standards for granting a CUP.
2. The proposed addition and site improvements would comply with the standards of
the VC district.
3. The applicant shall provide detailed plans on the proposed grading and drainage
for the site to be reviewed and approved by the City Engineer prior to
construction on the site.
4. The applicant will work with utilities regarding proper disconnection and/or
relocation of services.
cc: Janet Valen and Robert Sandstede, ReMax, 35 Main Street N.
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)1A'QEP^R1f.lEN1 p' 1R^NSPOR,^1I0N RIGH1 0' W^' PL^' NO. 43-47
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City of Hutchinson
Hutchinson Municipal Airport - Butler Field
Maintenance Operations
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 234-4219 Fax (320) 234-697]
October 18, 2006
To:
Honorable Mayor and City Council members
From:
John Olson, Public Works Superintendent
Subject:
Life Link III - Short-term Lease Extension through November 30, 2006
On March 11,2005, an important service to the region began when the City entered into an
18-month agreement with Life Link III to house their operations on the airfield. The intent of
the lease was to allow time for Life Link III to establish their operations and begin planning
for a more permanent facility.
Life Link III began operations at the airport almost immediately. Life Link III put up an
office trailer at the airfield and entered into a separate agreement with Tom Parker,
Hutchinson Aviation (the airport Fixed Base Operator) to store their helicopter(s) in
inclement weather. These arrangements have served both Life Link 111 and the City well over
these 18 months.
Using our FAA entitlement funds, the City installed a Jet fuel tank and pump in 2005 that has
been well utilized by Life Link 111. Life Link III reports being more than satisfied with their
operations at Hutchinson and that operations have exceeded expectations for the last year and
a half.
As the lease came close to expiring, the Airport Commission had conversations with Life
Link 111. The Airport Commission expressed their appreciation for having them as tenants.
Life Link III indicated their Hutchinson operations were successful and they intended to keep
their operations here.
Life Link III reported two reasons for their delay in constructing a more permanent facility in
Hutchinson to the Airport Commission. First, they were in the process of opening a new base
of operations and constructing a facility at one of them. Second, they were in the process of
going through an accreditation process with a nationally recognized organization and had not
yet received the recommendations associated with that organization's inspections.
The Airport Commission recommends extending the lease with Life Link III through
November 30, 2006. This extension will give Life Link III time to receive the report from the
accreditation organization so changes can be incorporated into a new short-term lease that
will be negotiated. The Airport Commission's intent is to spell out terms in the temporary
least that provide incentive for Life Link III to pursue construction of a more permanent
facility in Hutchinson.
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TO: Mayor & City Council
FROM: John Rodeberg, Director of Public Works
Kent Exner, City Engineer
Randy DeVries, WaterlWastewater Director
RE: Consideration of Engineering Services Agreement for WWTF Building 20 Lift
Station Pump Replacement with EarthTech (Letting No. 9/Project No. 06-11)
DATE: October 24, 2006
Attached is an agreement necessary to proceed with the evaluation and design oflift station pump
replacement alternatives within Building 20 (main lift station). The main lift station consists offour
pumps, two of which were repaired in 2005. Due to existing and future growth, the other two pumps mu~t
now be examined to determine what pumping capability will maximize the transport capacity of our
relatively new downstream trunk sewer infrastructure. The engineering services agreement would be in the
not-to-exceed amount of$16,200.00.
We recommend approving this agreement with EarthTech in the amount of $16,200.00.
cc: Gary Plotz - City Administrator
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@ EarthTech
3033 Campus Drive
Suite 290
Minneapolis. MN 55441
P 763.551.1001
F 763.551.2499
W'NW.earthtech.com
A T)Q Inooatior'lal Ud. COAlpanJ
April 13, 2006
Randy DeVries, Director
Water & Wastewater Operations
City of Hutchinson
111 Hassan Street SE
Hutchinson, Minnesota 55350-2522
Re: Engineering Services Proposal
Building 20 Pumps Replacement
Dear Mr. DeVries:
We are providing this proposal for engineering services to evaluate and design pump
replacement alternatives for Building 20, which is the main lift station for the WWTP. Upon
receipt of the City's authorization to proceed, Earth Tech is prepared to complete initial services
within 30 calendar days and final design documentation 30 days after City staff concurrence.
Background
Building 20 was constructed in the late 1980's as part of the WWTP relocation project. The
facility includes 2 wetwells, each of which is serviced by 2 pumps, to provide redundancy and to
enhance maintenance capabilities. Two of the pumps underwent major repairs in 2005 and the
remaining pumps are in need of replacement and/or upgrade.
Long-term growth requires additional transport capacity within the wastewater collection system.
As such, the City wants to maximize the flow carrying capacity of existing facilities, including
Building 20 and the associated force main. Therefore, the City wants to address upgrade
alternatives to replacement of the existing pumping equipment at Building 20. This proposal
provides the evaluation of upgrade alternatives for Building 20 pumping equipment.
Scope of Services
Earth Tech proposes to compiete this project in three (3) phases, through the development of
detailed design documentation, which the City could then use to advertise and bid the project.
These phases include:
1. Alternatives Development & Evaluation.
2. Costing & Reporting.
3. Detailed Design Documentation.
If the City decides to proceed with the project, Earth Tech can also provide assistance with
bidding, construction administration and project observation as you consider appropriate.
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@ Earth Tech
},T'PIlnterTl8tional Ltd. Comparry
Randy DeVries
City of Hutchinson
April 13. 2006
Page 2 of 3
1. Alternatives Development & Evaluation
Earth Tech will meet with the City's operations and maintenance personnel to review existing
operations and functionality of the facility. At this time, we will also collect available information
regarding current flow conditions, changed piping/equipment since the original construction and
staff input on other potential improvements for the facility. Earth Tech staff will also collect
information on those factors that may limit the expansion potential of the facility, including
electrical service and motor control center ratings, wetwell configuration and force main
hydraulics.
We will develop a minimum of 2 alternatives for the project, one of which will address additional
pumping capacity for the facility. These alternatives will be developed based upon an evaluation
of the system curve developed for the dual, 18-inch force main from Building 20 to the WWTP
and the various operating conditions under which the pumping/force main systems function.
Sufficient information will be developed to establish probable construction costs for each
alternative.
2.
Costing & Reporting
Based on the alternatives developed and evaluated, Earth Tech will prepare construction cost;
estimates for the alternatives. If any alternative includes operations and maintenance costs that!
are significantly different than current values, present worth costs will also be estimated. I
i
Project findings, including background information, alternatives evaluations, cost information and
recommended action(s) will be presented in a brief letter report for consideration by City staff.
Upon concurrence by City staff, Earth Tech will initiate detailed design documentation. '
3. Detailed Design Documentation
Earth Tech will prepare detailed drawings and technical specifications required for t~e
construction of the recommended plan. The completed plans and specifications will be providl3d
in a digital format (Adobe Acrobat) and five (5) sets of printed documents will also be provided.
City staff will prepare any "front-end" documents required for bidding the project.
Compensation & Schedule
Earth Tech will complete the above scope of services for a lump sum cost of $16,200.00. This
total cost includes $8,750 for Phase 1 & 2 services and '$7,450 for Phase 3 services. When the
City decides to implement the recommended project, Earth Tech is available to provide
assistance during bidding and construction as additional services.
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AT)'tiIlnremalion!ILtd.CIJ.IDp.8ny
Randy DeVries
City of Hutchinson
April 13, 2006
Page 3 of 3
We are available to begin these seNices upon receipt of written authorization to proceed.
Phase 1 and 2 services, resulting in the publication of a letter report, will be completed within
30 calendar days of authorization to proceed. Phase 3 seNices, including detailed design
drawings and technical specifications, will be completed with 30 calendar days of City staff
approval of the recommended atternate.
We look forward to assisting with this project and are available to respond to any questions
about this proposal at your convenience.
L:~ibrary\Buslines\water\Clients\Hutchinson\Bldg 20 Pumps Proposal.doc
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Hutchinson Area Health Care
Hutchinson Community Hospital
BUnlS Mal/or NursillR Home . Dassel Medical Center
]095 Highway 15 Solllh HlIlchinson, MN 55350 (320) 234-5000
October 19, 2006
The Honorable Mayor Steve Cook and
Members of the City Council
Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350
Dear Mayor Cnr.ir and City Council Members:
The Board of Directors of the Hutchinson Area Health Care (HAHC), as part of their
regular meeting on October 17,2006, considered an item which requires your approvaL
The following is an excerpt from the minutes of the board meeting.
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"Ms. Larson reviewed the capital request to purchase 139 desktop computers
(including monitors), and 25 laptops (including docking stations and monitors)
and corresponding licenses to manage the requested systems. The purchased
computers and laptops will replace five to six year old computers with low
processing speeds and out-of-date technology and prepare the organization for the
upcoming Electronic Medical Records conversion. This is a budgeted capital
expense.
· Following discussion, Knutson made a motion, seconded by Mueller to
request the City Council to authorize the purchase, at a cost of
$180,000.00. All were in favor. Motion carried."
Thank you in advance, for consideration of this request.
H~{j>>-J
Mary Ellen Wells
President & CEO
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City of Hutchinson
Public Works Department
Maintenance Operations
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 234-4219 Fax (320) 234-6971
October 16, 2006
To:
Honorable Mayor and City Council members
From:
John Olson, Public Works Superintendent
Subject:
Executive Summary excerpt from Snow and Ice Report, October 2006, S.E.H.
The following is the excerpt of the executive summary from the report prepared by Short-Elliot-
!1cnddcksor., Inc. after they reviewed the City's snow r~moval <lild ice COi1~i':': j)l"ol.:edur<:s.
"Evaluation of Snow Removal Procedures
This report is in response to the City's request for an evaluation and review of the City of Hutchinson's
snow removal and ice control program.
In Minnesota and throughout the winter "snow belt" region, response to snow events and a city's
ability to effectively cope with winter road conditions on its local street system is a most important
criteria in evaluating our effectiveness on behalf of the citizens we serve. Therefore it is appropriate
that a city review and evaluate their snow response and take a critical look at its winter road
maintenance practices. One of the most effective ways of doing that is to have an "outside" evaluation
done and compare your current practices with "best practices" as identified in various studies and
publications.
At your request, SEH has conducted such a review for the City of Hutchinson and the following report
details the findings oflhat review. Those findings are summarized as follows:
Review of the Snow Removal Fleet
The snow removal fleet is very will maintained and maintenance procedures and records bear that out.
The fleet is very similar in make-up and is equipped similar to that which is found in other fleets of
like-sized communities. It is heavily dependent upon single-axle trucks with reversible plows, wings
and sanders to respond to snow events. We believe that as future equipment replacements become
appropriate, the City should move toward less dependency upon single-axle truck units and a greater
use of articulated front-end loaders.
We further recommend that at least one back-up truck unit be maintained in inventory to react to
break-downs or equipment failure.
Review of Use of Ice Control Materials
The City continues to use a salt/sand mixture for ice control while the industry is gradually moving
away from the use of salt/sand to alternative anti-icing and de-icing chemicals. These chemicals offer
better de-icing results and lower the volume of sand which ultimately goes into the storm water
system. We recommend the City consider transitioning from the use of salt/sand mixture to the use of
one of the alternative anti-icing and de-icing chemicals on the market.
y; La..)
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Review of Staffing for Snow and Ice Removal Program
Current staffmg is at a minimal and the City needs to prepare to replenish their staffing level as
attrition occurs. The City currently augments its experienced public works staff with personnel from
other departments and outside contractors. Even the program supervisor is routinely scheduled to
operate a primary snow removal route.
At a minimum, the City needs to provide adequate staff to remove the "program supervisor" from
primary route responsibility so that that person can adequalely administer and supervise the snow
^ removal and ice control program.
Review of Sidewalkffrail Snow Removal Program
The City currently has a significant sidewalk/trail system and that system is rapidly expanding. The
City is not well positioned to respond to that expansion or to meet the public's expectation with regard
to that system. We recommend that a task force be established 10 study and ultimately develop a plan
to govern and control the existing and planned expansion of the City's trail and sidewalk system.
Review of Snow Plow Routes
After a thorough review of the current routing and priority routing of the snow removal program, we
recommend no change at this time. The routing is efficient and well understood by the program
operators and any change would only serve to disrupt the public's expectation and reliance on current
removal practices.
Review of Administrative Practices
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Again, we recommend staffing be increased so ^that the "program supervisor" not be routinely assigned
to a snow plow route. Adequate staff should be provided so thai the person responsible for directing
the snow and ice control program is available to supervise and direcl or re-direct equipment and
personnel as changes dictate.
We also recommend that the City study the need for adopting a more restriclive winter parking
ordinance to assist the efficient removal of snow from its street system.
Review of Snow Storage Sites
The disposal and slorage of snow from downtown and municipal parking lots has been the cause of
some concern over the past several years. Our study reviewed and evaluated five existing storage sites
and eleven potential storage sites identified by City staff. After review and evaluation, we recommend
steps be taken to adopt the "armory" site as the primary snow disposal and storage site for the City and
its private haulers. The site can be managed and mainlained by the City, is large enough to support
current and future storage requirements and id is generally far enough removed from residential
properties to eliminate current concerns
Thank you for the opportunity to work with the City staff in the conduct of this review on behalf of the
City of Hutchinson. We greatly appreciate and acknowledge the cooperation of City staff in providing
the necessary records, maps, documentation and a willingness to openly share information necessary to
conduct this review. SEH staff is available to discuss the findings and recommendations contained in
this report."
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Memorandum
TO:
Mayor and City Council
B"nd, K. Ew;n~an R"ou"" D;",c'm
Resolution No. 13058 and Documentation Regarding the Establishment of
the City of Hutchinson Retirement Health Savings Plan
FROM:
RE:
DATE:
October 6, 2006
Attached are Resolution No. 13058 and the additional documentation that is required to
be completed, approved and submitted to ICMA Retirement Corporation for the
establishment of the City of Hutchinson Retirement Health Savings.
If approved, the documents will be forwarded to ICMA for final review and approval. If
upon ICMA's review the documents would need revision, they will be brought back to
the Council for reconsideration and necessary amendment.
I will be at the City Council meeting on the 11 th to discuss this matter.
Encl.
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CITY OF HUTCHINSON
RESOLUTION NO. 13058
Resolution for the Adoption of the Vantagecare
Retirement Health Savings (RHS) Program
Plan Number: 801393
Name of Employer: City of Hutchinson
State: Minnesota
Resolution of the above-named Employer (the "Employer"):
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the establishment of a retiree health savings plan for such employees
serves the interests of the Employer by enabling it to provide reasonable security
regarding such employees' health needs during retirement, by providing increased
flexibility in its personnel management system, and by assisting in the attraction
and retention of competent personnel; and
WHEREAS, the Employer has determined that the establishment of the retiree
health savings plan (the "Plan") serves the above objectives;
NOW, THEREFORE BE IT RESOLVED, that the Employer hereby adopts the Plan
in the form of the ICMA Retirement Corporation's VantageCare Retirement Health
Savings program.
BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with
the Employer serving as trustee, for the exclusive benefit of Plan participants and
their beneficiaries, and the assets of the Plan shall not be diverted to any other
purpose prior to the satisfaction of all liabilities of the Plan. The Employer has
executed the Declaration of Trust of the City of Hutchinson Integral Part Trust in
the form of:
o The model trust made available by the ICMA Retirement Corporation
o The trust provided by the Employer (executed copy attached hereto).
BE IT FURTHER RESOLVED, that the Human Resources Director shall be the
coordinator and contact for the Plan and shall receive necessary reports, notices, etc.
;
I, Gary D. Plotz, City Administrator of the City of Hutchinson, do hereby certify that
the foregoing resolution, proposed by City Council Member ,
was duly passed and adopted in the Council Chambers of the City of Hutchinson at
a regular meeting thereof assembled this day of October, 2006 , by the
following vote:
AYES:
NAYS:
ABSENT:
(Seal)
City Administrator
City of Hutchinson, Minnesota
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ADMINISTRATIVE SERVICES AGREEMENT
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Type: VantageCare RHS
Account Number: 801393
City of Hutchinson
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Plan # 801393
ADMINISTRATIVE SERVICES AGREEMENT
This Agreement, made as of the_day of , 20 (herein
referred to as the "Inception Date"), between The International City Management
Association Retirement Corporation ("ICMA-RC"), a nonprofit corporation organized
and existing under the laws of the State of Delaware; and the City of Hutchinson
("Employer") a local governmental instrumentality organized and existing under the
laws of the State of Minnesota with an office at 111 Hassan Street, Se, Hutchinson,
Minnesota 55350-2522.
RECITALS
Employer acts as a public plan sponsor for a retiree health plan with responsibility to
obtain investment alternatives and services for employees participating in that plan;
employer desires to make the VantageCare Reti,einenl Heaith Sdvi'l~" Plall (UnnS
Plan" or "Plan") provided by ICMA-RC available to its employees;
ICMA-RC makes available the Vantagepoint Funds, a no-load, diversified mutual fund,
for investment of public employer plan assets, including RHS Plan assets;
ICMA-RC provides a complete offering of services to public employers for the
operation of employee retirement and retiree health savings plans including, but not
limited to, communications concerning investment alternatives, account maintenanc~,
account record-keeping, investment and tax reporting, form processing, benef/it
disbursement and asset management.
AGREEMENTS
I
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1 .
Acceptance of RHS Plan
Employer agrees to make the RHS Plan provided by ICMA-RC available to its ,
employees. The details of the RHS Plan shall be as mutually agreed between thEl
Employer and ICMA-RC, and in general shall be as set forth in the RHS Plan '
materials developed by ICMA-RC and provided to Employer. The RHS Plan materials
are hereby incorporated by reference and made a part of this Agreement, except
that Employer and ICMA-RC may from time to time mutually agree in writing to
terms that vary from the RHS Plan materials. RHS plan materials shall include the
VantageCare RHS Employer Manual, available electronically through the EZ Link
System upon plan adoption.
The functions to be performed by ICMA-RC and its agents include:
(a)
allocation in accordance with participant direction of individual accounts to
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Plan # 801393
investment funds ("Funds") made available to Plan participants;
(b) maintenance of individual accounts for participants reflecting amounts
contri buted,
income, gain, or loss credited, and amounts disbursed as benefits;
(c) provision of periodic reports to the Employer and participants of the status of
Plan investments and individual accounts;
(d) communication to participants of information regarding their rights and elections
under the Plan;
(e) disbursement of benefits as agent for the Employer in accordance with terms of
the Plan; and
(f) performance of tax withhoiding and reporting In conjunction with the Employer
for each RHS account.
2. Emplover Dutv to Furnish Information
Employer agrees to furnish to ICMA-RC on a timely basis such information as is
necessary for ICMA-RC to carry out its responsibilities with respect to the Plan,
including information needed to allocate individual participant accounts to Funds, and
information as to the employment status of participants, and participant ages,
addresses, beneficiaries and other identifying information (including tax identification
numbers). ICMA-RC shall be entitled to rely upon the accuracy of any information that
is furnished to it by a responsible official of the Employer or any information relating to
an individual participant, dependent, or beneficiary that is furnished by such
participant, dependent, or beneficiary, and ICMA-RC shall not be responsible for any
error arising from its reliance on such information. ICMA-RC will provide account
information in reports, statements or accountings.
3. Certain Representations and Warranties
ICMA-RC represents and warrants to Employer that:
(a) ICMA-RC is a non-profit corporation with full power and authority to enter into
this Agreement and to perform its obligations under this Agreement.
(b)
ICMA-RC is an investment adviser registered as such with the Securities and
Exchange Commission under the Investment Advisers Act of 1940, as
amended. ICMA-RC Services, LLC (a wholly owned subsidiary of ICMA-RC) is
registered as a broker-dealer with the Securities and Exchange Commission
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Plan # 801393
(SEC) and is a member In good standing of the National Association of
Securities Dealers, Inc.
Employer represents and warrants to ICMA-RC that:
(c) Employer is organized in the form and manner recited in the opening paragraph
of this Agreement with full power and authority to enter into and perform its
obligations under this Agreement and to act for the Plan and participants in the
manner contemplated in this Agreement. Execution, delivery, and performance
of this Agreement will not conflict with any law, rule, regulation or contract by
which the Employer is bound or to which it is a party.
(d) Information required to be retained by the Employer shall be set forth in the RHS
plan materials developed by ICMA-RC and provided to the Employer.
(e) Employer is responsible for determining that there are no state or :ocal :aws that
would prohibit it from establishing ICMA-RC's VantageCare RHS program.
Employer is also responsible for determining that the investments selected for the
RHS plan fall within state/local requirements.
(f)
Employer acknowledges that the RHS plan may be treated as a "health plan" for
Health Insurance Portability and Accountability Act ("HIPAA") purposes and
therefore may be subject to HIPAA privacy rules. If it is determined that the RHS
plan is considered a "health plan", an employer sponsoring RHS would be
responsible for complying with the HIPAA privacy and security rules regarding
protected health information of RHS plan participants. .
ICMA-RC has procedures in place to safeguard the protected health information
I
of RHS plan participants. I
4. Participation in Certain ProceedinQs
The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and
to join the Employer as a necessary party in all legal proceedings involving 'the
garnishment of benefits or the transfer of benefits pursuant to a medical child support
order. Unless Employer notifies ICMA-RC otherwise, Employer authorizes ICMA-RC to
determine whether disbursement of benefits to a former spouse, spouse or child
pursuant to a medical child support order is appropriate.
5. Compensation and Payment
(a) Absent an explicit agreement to the contrary between ICMA-RC and Employer,
participant fees and expenses shall be payable from RHS assets, in accordance
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Plan # 801393
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with the requirements of the RHS Plan as set forth below.
(i) Employer with ICMA-RC ~401 and ~457 retirement plan average
participant account balances of $25,000 or more:
A $30 annual account fee will be charged to each Accountholder's
account. The fee will be charged against the account on a quarterly
basis. Effective January 1, 2006, the annual account fee shall be waived
until attainment of Benefit Eligibility by the Accountholder. Benefit
Eligibility shall be transmitted electronically to ICMA-RC by Employer
through the EZ Link System. Benefit Eligibility shall mean the quarter in
which the Accountholder becomes eligible to use the account for
reimbursement of medical expenses under the terms of the Employer's
RHS Plan.
In addition to the annual account fee, an annual assetfee OJ 0.3070 (30
basis points) will be charged on a quarterly basis, based on the balance in
the account on the last day of the previous quarter.
(ii)
Employer with ICMA-RC ~401 and ~457 retirement plan average
participant account balances of less than $25,000, or Employer who
does not currently have a retirement plan with ICMA-RC:
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A $30 annual account fee will be charged to each Accountholder's
account. The fee will be charged against the account on a quarterly
basis. Effective January 1, 2006, the annual account fee shall be waived
until attainment of Benefit Eligibility by the Accountholder. Benefit
Eligibility shall be transmitted electronically to ICMA-RC by Employer
through the EZ Link System. Benefit Eligibility shall mean the quarter in
which the Accountholder becomes eligible to use the account for
reimbursement of medical expenses under the terms of the Employer's
RHS Plan.
In addition to the annual account fee, an annual asset fee of 0.40% (40
basis points) will be charged on a quarterly basis, based on the balance in
the account on the last day of the previous quarter.
When the average participant account balance of the Employer's ~401
and ~457 retirement plans with lCMA-RC totals $25,000 or more (based
on the balances in the Employer's retirement plans on the last day of the
previous quarter), the pricing detailed in paragraph 8.a. shall apply
beginning in the subsequent quarter.
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Plan # 801393
(iii)
Account administration fees are subject to change with appropriate
prior notification.
(b) Compensation for Advisory and other Services to the Vantagepoint Funds.
Employer acknowledges that certain wholly-owned subsidiaries of ICMA-RC
receive compensation for advisory and other services furnished to the
Vantagepoint Funds. The fees referred to in this subsection are disclosed in the
Vantagepoint Funds Prospectus.
6. Custody
Employer understands that amounts contributed to the RHS plan are to be remitted
directly to Vantagepoint Transfer Agents in accordance with instructions provided to
Employer in the RHS plan materials and are not to be remitted to the ICMA Retirement
Trust or ICMA-Re. In the event that any check or wire transfer is incorrectly labeled or
transferred, iCMA-RC will return it to Employer with proper instructions.
7. Responsibilitv
(a) ICMA-RC shall not be responsible for any acts or omissions of any person other
than ICMA-RC in connection with the administration or operation of the Plan.
(b)
The Employer understands that, as a general matter, the Internal Revenue
Service ("IRS") may decline to rule on certain design features or provisions that
the Employer may request to have added to the RHS plan materials. Th~
Employer agrees to hold ICMA-RC harmless in connection with the addition and
administration of any RHS plan feature or provision requested by the Employ~r
for which the IRS will not provide express interpretive guidance. I
8. Term
This Agreement shall be in effect for an initial term beginning on the Inception Date and
ending 5 years after the Inception Date. This Agreement will be renewed automaticall~ for
each succeeding year unless written notice of termination is provided by either party to 'the
other no less than 60 days before the end of such Agreement year.
9. Amendments and Adiustments
(a) This Agreement may not be amended except by written instrument signed by
the parties.
(b)
The parties agree that an adjustment to compensation or administrative and
operational services under this Agreement may only be implemented by ICMA-
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Plan # 801393
RC through a proposal to the Employer via correspondence or the Employer
Bulletin. The Employer will be given at least 60 days to review the proposal
before the effective date of the adjustment. Such adjustment shall become
effective unless, within the 60 day period before the effective date, the
Employer notifies ICMA-RC in writing that it does not accept such adjustment,
in which event the parties will negotiate with respect to the adjustment.
(c)
No failure to exercise and no delay in exercising any right, remedy, power or
privilege hereunder shall operate as a waiver of such right, remedy, power or
privilege.
10.
Notices
All notices required to be delivered under Section 9 of this Agreement shall be
delivered personally or by registered or certified mail, postage prepaid, return receipt
requested, to
(i) Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E.,
Suite 600, Washington, D.C, 20002-4240; (ii) Employer at the office set forth in the
first paragraph hereof, or to any other address designated by the party to receive the
same by written notice similarly given.
11 . Complete A~Heement
This Agreement shall constitute the sole agreement between ICMA-RC and Employer
relating to the object of this Agreement and correctly sets forth the complete rights,
duties and obligations of each party to the other as of its date. Any prior agreements,
promises, negotiations or representations, verbal or otherwise, not expressly set forth
in this Agreement are of no force and effect.
12. Governinq Law
This agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota, applicable to contracts made in that jurisdiction without reference
to its conflicts of laws provisions.
In Witness Whereof, the parties hereto have executed this Agreement as of the
Inception Date first above written.
CITY OF HUTCHINSON
Name of Employer
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Plan # 801393
by:
Signature/Date
Name and Title (Please Print)
INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIREMENT
CORPORATION
f7 /1 !J 1117 /
I~l/ .. ~~J~ft!!~
b- ..' (:
y. ,
Paul Gallagher
Corporate Secretary
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EMPLOYER VANTAGECARE RETIREMENT HEALTH
SAVINGS IRHS) PLAN ADOPTION AGREEMENT
Plan Number: 801393
e Employer Retirement Health Savings Plan Name: City of Hutchinson Retirement Health Savings Plan
I. Employer Name: City of Hutchinson
State: Minnesota
II. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of
one or more units of a state or local government.
III. The Effective Date of the Plan: January 1. 2007
IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare ben-
efit plan(s) established by the Employer:
Hutchinson Retiree Medical and Dental Expense Reimbursement Plan
V. Eligible Groups and Participant Eligibility Requirements
A, The following group or groups of Employees are eligib!e to participate in the VantageCare Retirement Health
Savings Plan:
xxx
See attachment
All Employees
All Full-Time Employees
Non-Union Employees
Public Safety Employees -- Police
Public Safety Employees -- Firefighters
General Employees
Collectively-Bargained Employees (Specify unit)
Other (specify below)
to Section V.A.
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The group specified must correspond to a group of the same designation that is defined in the statutes, ordi-
nances, rules, regulations, personnel manuals or other material in effect in the state or locality of the !i:mployer.
m If this box is checked, in lieu of mandatory participation, the Employer provides for a one-tim~ irrevoca-
ble election by eligible Employees to participate in RHS. Until such time as the election is made, the
Employee shall not participate in the Plan or receive contributions pursuant to Section VI.
Newly eligible Employees shall be provided an election window of ~ days (no more than 60
calendar days) from the date of initial eligibility during which they may make the election to participate.
P"rtiriretion me,! begin no earlier than the calendar month follo"'ing the end of the election "'indo'"'
If the Employee does not make the election in the year of initial eligibility, the election to participate may
be made in a later year. An annual election window of 30 days (no more than 60 calendar
days} shall be provided during which the election may be made. The election window shall run from
Movember 1510 December 15 (insert your annual time frame for the election window, e.g. October 1 to
November 29). Participation may begin no earlier than the calendar year following the year of the elec-
tion.
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Once made, the election is irrevocable and may not be revoked while the participant is a member of the
group covered by the RHS plan.
If the Employer's underlying welfare benefit plan OT funding under this VantageCare Retirement Health Savings
Plan is in whole or part a non-collectively bargained, self-insured plan, the nondiscrimination requirements of
Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on the benefits received
11
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by highly compensated Employees if the Plan discriminates in favor of highly compensated Employees in terms
of eligibility or benefits. The Employer should discuss these rules with appropriate counsel.
B. Participant Eligibility
_ Minimum period of service required for participation is ~jlvrite N/A if an Employee is eligible to partici-
_te or to elect to participate immediately upon employment).
2. Minimum age required for eligibility to participate is 1lI..A..- (write N/A if no minimum age is required).
VI.Contribution Sources and Amounts
A. Mandatory Contributions
o 1. Direct Employer Contributions
The Employer shall contribute on behalf of each Participant _% of earnings or $
Year.
for the Plan
Definition of earnings:
o 2. Mandatory Leave Contributions
The Employer will make mandatory contributions of leave as follows:
Accrued Sick Leave* 0 Yes
o No
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Accrued Vacation*
o Yes
o No
Other* (describe)
o Yes
o No
* Please provide the formula for determining the Accrued Leave contribution:
An Employee shall D.Q1 have the right to discontinue or vary the rate of annual leave contributions.
o 3. Mandatory Employee Compensation Contributions
The Employer will make mandatory contributions of Employee compensation as follows:
o Reduction in Salary - % of earnings (as defined in VI.A.1.) or $
contributed for the Plan Year.
will be
o Decreased Merit or Pay Plan Adjustment - Allor a portion of the Employees' annual merit
or pay plan adjustment will be contributed as follows:
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An Employee shall D.Q1 have the right to discontinue or vary the rate of mandatory contributions of
Employee compensation.
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B. Elective Contributions
,~' "
~. Elective Pre~Tax Contributions
" -~--'.' ,'- ~ .'.
.' Newly eligible Employees shall be provided an election window of 30 days days.(no more than 60)
from the date ofinitiil1'eligibility during which they may make the election to contribute: Colitrioutlons
may begin no earlier than the calendar month following the end of th~ electf~n windoW.. . .
If the Employee does not make the election in the year of initial eligibflity, the '~lection to {:(:lhtribute may
be made in a later year. An annual election window of 30 days (ilO more than 60} shall be
provided during whichthe election may be made. The election window shaH.tunfJ'omNdv.1S ,. tb ..'. ,:.'
'. ,. n..., , I'i ,{insert your annual time frame for the election window), Contributions may begloTio ear-
lier thafl the calendar year following the year of the election. . , .
, - - -
, Once made, the election is irrevocable Clnd may not be revoked.
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lXI b. Irrevocable Election for Pre-Tax Contributions of Accrued Leave: A one-time, irrev-ocable election of
the amount of employer contributions of Employee accrued
(J other Vacation (describe) .Ieave made on his or her behalf.
Leave Payout~rrpon Termination and Retirement Sick Leave
Payout - See Attachment to Section VI. B;l.':,b. faT
description
The Employer limits the amount elected as shown below:
Fnplnyee may contribute up to 100% of the above noted payouts.
o vacation
o No
o sick
o Yes
Newly eligible Employees shall be provided an election window of 30 days (no more than 60
calendar days) from the date of initial eligibility during which they may make the election to contribute.
Contributions may begin no earlier than the calendar month following the end of the election window.
If the Employee does not make the election in the year of initial eligibility, the election to contribute may
,be made In a later year. An annual electIOn wmdow of 10 days (no more than 60 calendar
days) shall be pmvided during which the election may be made. The election window shall run from
Nov. 15 to Dee. ] 'i (insert your annual time frame for the election window). Contributions may
begin no earlier than the calendar year following the year of the election;
Once made, the election is irrevocable and may not be revoked.
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1Kl c. Annual Prospective Election for Pre-Tax Contributions of Leave: An annual, irrevocable election to
Annual Sick
have his or her 0 sick 0 vacation IXl otherLeave Payout (describe) leave to be accrued in the next
calendar year contributed to the Plan on his or her behalf. and Annual Police Holiday Payout. See
Attachment to Section VI. B. 1. c. faT
description.
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The Employer limits the amount elected as shown below:
The Employee may contribute up to 100% of the ahove ;mn""l payouts.
Contributions of future leave accruals will be remitted to the Plan
tit 0 as earned
The election to contribute must be made in the calendar year before the year in which contributions are. to
begin. Once made, the election shall apply to succeeding calendar years unless otherwise revised or
revoked by the Employee on an annual basis.
:(J at the end of the calendar year.
An annual election window of ~days (no more than 60 calendar days) is provided during which eligible
Employees may make the election to contribute. The election window shall run frorrtfov.15 to Dec. 15
{insert your annual time frame for the election window).
In adopting section a, b, and/or c, the Employer acknowledges that the Internal Revenue Service has not
ruled on irrevocable election contributions in an integral part trust. ICMA-RC has obtained the advice of
counsel that such contributions are allowable under the conditions outlined in this Adoption Agreement. The
Employer should discuss this issue with appropriate counsel.
2. Voluntary After-Tax Contributions
Each Employee may contribute up to _% of earnings (as defined in VI.A.1.) or $ for the Plan Year on
a voluntary after-tax basis. In no event may aggregate Employee voluntary after-tax contributions exceed 25%
of total contributions in any Plan Year.
An Employee shall have the right to discontinue or vary the rate of elective after-tax contributions of Employee
earnings.
By adopting this section, the Employer acknowledges that the Internal Revenue Service has declined to rule on
_mployee after tax contributions in an integral part trust. ICMA-RC has obtained the advice of counsel that such
Wontributions are allowable in an insubstantial amount (i.e. no more than 25% of total contributions in any Plan
Year). The Employer should discuss this issue with appropriate counsel.
C. Limits on Total Contributions
The total contribution on behalf of each Participant (including both Mandatory and Elective
Contributions) for each Plan Year shall not exceed the following limitls):
o
o $
51
% of earnings (as defined in VI.A.1.).
There is no Plan-defined limit on the percentage or dollar amount of earnings that may
be contributed.
Limits on individual contribution types are defined within the appropriate section above.
See Section VA. for a discussion of nondiscrimination rules that may apply to non-collectively bargained self-
insured Plans.
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VII. Vesting Schedule
A. The account is 100% vested at all times, unless specified otherwise in B. below.
eB.
The following vesting schedule applies to Direct Employer Contributions outlined in VI.A.1:
Years of
Service
Completed
Specified
Percent
Vesting
%
%
%
%
%
%
%
%
%
C. The account will become 100% vested upon the death, disability, retirement, or attainment of
benefit eligibility by a Participant.
Definition of retirement: Meets the a~e and/or service requirements necessary to
collect a pension from the Public Employees Retirement Assor.j~tion aud no longer
in the employ of the City of Hutchinson.
D. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not
count toward the vesting schedule outlined in B, above.
VIII. Forfeiture Provisions
Upon separation from the service of the Employer or upon reversion to the Trust of a Participant's account
eassets remaining upon the participant's death las outlined in Section XI), a ParticiJXlnt's non-vested funds shall:
o Remain in the Trust to be reallocated among all Plan Participant's as Direct Employer Contributions for
the next and succeeding contribution cycle(s).
fJ Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants.
o Remain in the Trust to be reallocated among all Plan Participants based upon Participant account bal-
ances.
o Revert to the Employer.
In the case of separation from service, the Participant's non-vested funds shall be applied as shown above. In the
case of reversion due to the Participant's deat~nder S~ction XI, the remaini~g account assets shall_~e appU~sJ_____
as -shown iiEove. - --. --- ---- ---
IX. Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health
Savings Plan
A. A Participant is eligible to receive benefits:
x
At retirement only (as defined in Section VII.C.)
At separation from service with the following restrictions
At age only
At retirement and age
At retirement or age
e
15
qLc0
B. Termination prior to general benefit eligibility: A Participant who separates from the service of the Employer
prior to attaining benefit eligibility as outlined in Section IXA or C. will be eligible to receive benefits:
{J Immediately upon separation from service.
D At age
e
C. A Participant who dies or becomes totally and permanently disabled (as defined by the Social Security
Administration) will become immediately eligible to receive medical benefit payments from his/her VantageCare
Retirement Health Savings Plan account.
X. Permissible Medical Benefit Payments
Benefits eligible for payment consist of:
A. X All Medical Expenses eligible under IRC Section 213* other than direct long-term care
expenses, OR
B. The following Medical Expenses (select only the expenses you wish to cover under the
VantageCare Retirement Health Savings Plan):
Medical Insurance Premiums
Me_d~cal. Out-Qt,Pocket ExpenseslL-
Medicare Part B Insurance Premiums
Medicare Supplement Insurance Premiums
COBRA Premiums
Dental Insurance Premiums
Dental Out-of-Pocket Expenses*
Long Term Care Insurance Premiums
Other (Must be eligible under IRC Section 213)*
-- See Section V.A. for a discussion of nondiscrimination rules which may apply to non-collectively bargained,
self-insured Plans.
XI. Death Benefit
In the event of a Participant's death, the following shall apply:
Account Transfer: The surviving spouse and/or surviving eligible dependents (as defined in Section XIII.F.) of the
deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical bene-
fits specified in Section X above.
Upon notification of a Participant's death, the Participant's account balance will be transferred into the
Vantagepoint Money Market Fund*. The account balance may be reallocated by the surviving spouse or
dependents.
* Please read the current prospectus carefully prior to investing. An investment in this fund is neither insured
nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable net asset value of
$1,00 per share. Vantagepoint Mutual Funds are distributed by ICMA-RC Services, LLC, a controlled affiliate of
ICMA Retirement Corporation. Member NASD/SIPC.
If a Partidpant's account balance has not been fully utilized upon the death of the eligible spouse, the account
balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible depend-
ents, the balance will be available for medical benefits for the designated beneficiary of the last dependent or
spouse to die. Assets remaining upon the death of a designated beneficiary shall be available for medical bene-
.ts of the beneficiary's designated beneficiary. If there is no living beneficiary(ies), the account will revert to the
.Ian to be applied as specified in Section VIII.
16
C\.l9j
There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the
Participant's spouse's or dependent's designated beneficiary(ies).
If there are no living spouse or dependents at the time of death of the Participant, the <;Iccount will be available
a:,r medical benefits for the designated beneficiary(ies) of the Participant. Assets remaining upon the death of all
~esignated beneficiaries shall be available for medical benefits of the beneficiary's beneficiary. If there is no liv-
ing beneficiary(ies). the account will revert to the Plan to be applied as specified in Section VIII.
There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the
Participant's beneficiary(ies) or any beneficiary's beneficiary.
XII. De Minimis Accounts
Upon separation from the service of the Employer prior to a Participant becoming eligible for medical benefits
from a VantageCare Retirement Health Savings Plan account, Participant accounts that are considered de min-
imis as specified below will be paid to the Participant.
o The de minimis account value shall be $5,000 or less.
o The de minimis account value shall be $
$5,000) or les:;.
(insert dollar amount between $0 and
iii The Plan shall not allow de minimis account distributions.
XIII. The Plan will operate according to the following provisions:
A. Employer Responsibilities
e
1. The Employer will submit all VantageCare Retirement Health Savings Plan contribution
data via electronic submission.
2. Participant status updates and/or changes or personal information updates and/or changes (Participants'
termination dates, Participants' benefit eligibility dates, etc.) will be provided via electronic submission.
B. Participant account administration fees will be paid through the redemption of Participant account shares,
unless agreed upon otherwise in the Administrative Services Agreement.
C. Employer plan fees will be paid by the Employer as outlined in the Administrative Services Agreement.
D. Assignment of benefits is not permitted.
E. Payments to an alternate payee (payee other than a Participant) are not permitted with the exception of reim-
bursement of health insurance premiums to the Employer.
F. An eligible dependent is the Participant's lawful spouse and any other individual who is a person described in
IRC Section 152(a).
G. The Employer will be responsible for withholding, reporting and remitting any applicable taxes, as outlined
in the VantageCare Retirement Health Savings Plan Employer Manual.
XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Employer
VantageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the
Trust and/or loss of tax-deferred status for Employer contributions.
e
17
<i~)
EMPLOYER
By:
Title:
~ttest:
Title: City Administrator
Accepted: Vantagepoint Transfer Agents, LLC
~f1,i4
Corporate Secretary
_
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VantageCare Retirement Health Savings Plan
Implementation Data Form - Page 1
~
.-Instructions to Employer: Provide necessary information to establish your plan properly.
..,Please contact your New Business Analyst at ',800,326,7272, if you have any questions.
ICMA RETIREMENT CORPORATION
ICMA-RC Use Only
1. Employer #
General
I nformati on
2. (902) Employer's Full Name: City of Hutchinson
3. (924) Street Address: 111 Hassan Street SE
(925)
4. (918) City: Hutchinson
(919) State: HN (920) Zip Code: 55350
5 (633) Primary Contact: Brenda EwinJ!;
6. (634) Primary Contact Title: Huuan Resources Director
7. (631 I Primary Contact Telephone #: (320 ) 234-4213 or 320-587-5151
8. (632) Fax #: ( 320) 234-4240
_
9. (PTOOI E,mail Address: bewinJ!;@ci.hutchinson.:ml.us
10. (882) Employer's Federal Tax Identification Number: 41 6005253
11. # of Employees:
12. # of Employees Eligible for Plan Participation:
13. # of Employees Eligible to Receive Medical Benefits:
Plan
Implementation
Information
14. Plan Level Quarterly Statements: (Note: * = defaultl
a. Sort Order: (629) 0 S=SSN* lO N=Name
b. Output Media: (627) ~ P=Paper* 0 M=Microfiche
c. Type: (626) 0 S=Summary* () D=Detail
o B=Bound
15. 1611l Contribution Information: (Note: * = default)
-- --~-~(ctlBck-llllBf~--~Si.weB1<Jv-*-----O-i4J-MGnthly
o (1) Weekly 0 (5) Semi-Monthly
o (2) Semi-weekly 0 16) Bi-quarterly
o (3) Bi,monthly 0 (7l Quarterly
o ( ) Other:
o fS)-Semi-qlJaReH't
o (91 Bi'annually
o (10) Annually
o 111) Semi-annually
b. Deposit Medium:
(624) :u Check *
o Wire
Om
c. Data Medium: EZ Link Required to participate in RHS Plan
e
.
d. First Contribution Date Following Implementation: January 19. 2007
ICMA Retirement Corporation' Attn: Records Management Unit. P.O. Box 96220. Washington, DC 20090,6220, Toll Free '-8(){) 669-7400
20 qL0
VantageCare Retirement Health Savings Plan
Implementation Data Form - Page 2
~
Plan Contacts
_If any item #16-21 is left blank, the Primary Contact in #5 will receive mailings
ICMA RETIREMENT CORPORATION
Pavroll Contact
Information 16. PTOl Contact Signature:
(2001 Contact Name: Brenda Ewin~
Please indicate (2001 Contact litle: Human Resources Coordinato
alternate 234-4213
addresses in (4201 Telephone: (320) Fax: (
Coments Section 17. PT08 Contact Signature:
(200; Contact Name: Joleen Runke
(200) Conta ct litle: Payroll/Beneflits Speciali
(420) Telephone: (320) 234-4205 Fax: (
18. PT09 Contact Signature:
(200) Contact Name:
- (200) Contact litle: -_.~
(420) Telephone: (_) Fax: (
Contribution 19. PT02 (200) Contact Name: Joleen Runke
Contact (200) Contact Trtle: Payroll/Beneftits Spe
Information
1420) Telephone: (320) 234-4205
Trustee Contact 20. PTlO (200) Trustee Name: Gary D. Plotz
nformation (200) Trustee litle: City Administrator
(200) Trustee Address: III Hassan Street S
Street
City Hutchinson State
(420) Telephone: (J2!l) 587-5151
Billing (Fees) 21. PT06 (200) Contact Name: Brenda Ewing
Contact (200) Contact litle: Human Resources Dire
Information (420) Telephone: 1.JlU) 234-4213
Comments:
(Alternate
Addresses for
#16-21 )
Internal Use
Only 641 912 608
- - -
r
32Q1 234-4240
st
32Q1 234-4240
-)
cialist
Fax: (32.0 234-4240
E
MN Zip 'i'i'i'iO
Fax: 1..320J 234-4240
ctor
Fax: (32.0) 234-4240
_MA Retirement Corporation' Attn: Records Management Unit. P.O. Box 96220' Washington, DC 20090-6220' Toll Free 1,800 669,7400
21
q&j
EMPLOYER VANTAGECARE RETIREMENT HEALTH
SAVINGS IRHS) PLAN ADOPTION AGREEMENT
Plan Number: 801393
Employer Retirement Health Savings Plan Name: City of Hutchinson Retire1llent Health Savings Plan
e
I. Employer Name: City of Hutclrlnson
State: M1.nnesota
II. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of
one or more units of a state or local government.
III. The Effective Date of the Plan: JanuarY 1. 2007
IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare ben-
efit plan(s) established by the Employer:
Hutchinson Retiree Medical and Dental Expense Keiabursement Plan
V. Eligible Groups and Participant Eligibility Requirements
A. The following group or groups of Employees are eligible to participate in the VantageCare Retirement Health
Savings Plan:
All Employees
All Full-Time Employees
Non-Union Employees
Public Safety Employees -- Police
_______ Public Safety Employees -- Fir"fighters
General cmpluyees
Collectively-Bargained Employees (Specify unit)
XXX Other Ispecify below)
See a~tachaent to Section V.A.
The group specified must correspond to a group of the same designation that is defined in the statutes, ordi-
nances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer.
_
00 If this box is checked, in lieu of mandatory participation, the Employer provides for a one-time irrevoca-
ble election by eligible Employees to participate in RHS. Until such time as the election is made, the
Employee shaH not participate in the Plan or receive contributions pursuant to Section VI.
Newly eligible Employees shall be provided an election window of.:30 days (no more than 60
calendar days) from the date of initial eligibility during which they may make the election to participate.
P;::!rtirirAtinn m:::.y hE'~in no e-::Irlil?r tri'n thi' (,il1endar month fo!lQ'''''ir:l9 th9 'ilnd gf thi electiGf.1 ""indow
If the Employee does not make the election in the year of initial eligibility, the election to participate may
be made in a later year. An annual election window of 30 days Ino more than 60 calendar
days) shall be provided during which the election may be made. The election window shall run from
Hovailier 1510 December 15 (insert your annual time frame for the election window, e.g. October 1 to
November 29). Participation may begin no earlier than the calendar year following the year of the elec-
tion.
Once made. the election is irrevocable and may not be revoked while the participant is a member of the
group covered by the RHS plan.
If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health Savings
Plan is in whole or part a non-collectively bargained, self~insured plan, the nondiscrimination requirements of
Internal Revenue Code (IRC) Section 105(hl will apply. These rules may impose taxation on the benefits received
11
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by highly compensated Employees if the Plan discriminates in favor of highly compensated Employees in terms
of eligibility or benefits. The Employer should discuss these rules with appropriate counsel.
B. Participant Eligibility
e
1. Minimum period of service required for participation is .llL<lajwrite N/A if an Employee is eligible to partici-
pate or to elect to participate immediately upon employment).
2. Minimum age required for eligibility to participate is JJi.A-lwrite N/A if no minimum age is required).
VI.Contribution Sources and Amounts
A. Mandatory Contributions
o 1. Direct Employer Contributions
The Employer shall contribute on behalf of each Participant _'Yo of earnings or $_ for the Plan
Year.
Definition of earnings:
c""A'.....'3 o..l1-I11wb,;,s OTt
PElf! ..., ibk .,,,,, 'ttu cltl'i-
nill'''' th rc....A.
o 2. Mandatory Leave Contributions
The Employer will make mandatory contributions of leave as follows:
Accrued Sick Leave' 0 Yes
o No
Accrued Vacation*
o Yes
o No
Other' Idescribe)
o Yes
o No
1*- Please provide the formula for determining the Accrued Leave contribution:
_
An Employee shall JlQ! have the right to discontinue or vary the rate of annual leave contributions.
o 3. Mandatory Employee Compensation Contributions
The Employer will make mandatory contributions of Employee compensation as follows:
o Reduction in Salary - % of earnings (as defined in VI.A.1.) or $_ will be
contributed for the Plan Year.
o Decreased Merit or Pay Plan Adjustment - Allor a portion of the Employees' annual merit
or pay plan adjustment will be contributed as follows:
An Employee shall JlQ! have the right to discontinue or vary the rate of mandatory contributions of
Employee compensation.
12
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B. Elective Contributions
1, Elective Pr....Tax.Contributions
The Employerwill permit each Employee to make the following elections to make pre-tax
cOntributions to the Plan:
e
l'i a.lrrevoc,lbt"e-Efection for Pre-Tax ContriblJtions-froITlComp~nsation: A one-time, irrevc>cable elect.i()~of
the "niount of Employer contributions of compensation made on his or her behalf:
The Employer limits the amount elected to either a fixed percentage
Employee's earnings
range of percentages of an
% of earnings (as defined in VIA1.) or up to
VI.A,1} for the Plan Year.
% of . earnings (as defined in
Newly eligible Employees shall be provided an election window of 30 days. days (no more than 60)
from the date of initial eligibility during which they may make the election to.contribute. Contributions
may begin no earlier than the calendar month foHowing t,he end ot the.el""tlon ':'Iindow.
the Employee does not make the election in the year of initial eligibility, the election to contribu!e'';'ay
be made in a later year. An annual election window of 30 days .\1')0 more than 60) shall be
provided during which the election may be m'ade. The'election windOw !ihaU run from llov. 15 to,
Dp-r _ 11) _ (insert your annual time fra'mefor the election window}. Contributions maybegin'n.p~:iM-
tier than the calendar year following the year of the election. .
Once rnade.theelection is irrevocable and may not be revoked.
i11 b. Irrevocable Election for Pre-Tax Contributions of Accrued Leave: A one-time, Irrevocable electIOn of
the amount of employer contributions of Employee accrued
o sick
o Yes
o vacation
o No
I!(I other Vacation (describe) leave made on his or her behal!.
Leave Payoneupon Termination and Retirement Sick Leave
Payout - See Att:aciIllent to Section VI. B. l.':b. for
description
The Employer limits the amount elected as shown below:
F~lQyep ~y contribute UP to 100% of the above noted navouts.
e
Newly eligible Employees shall be provided an election window of 30 days (no more than 60
calendar days) from the date of initial eligibility during which they may make the election to contribute.
Contributions may begin no earlier than the calendar month following the end of the election window.
If the Employee does not make the election in the year of initial eligibility, the election to contribute may
..be made In a later year. An annual electIOn Window at 10 days {no more than 60 calendar
days) shall be provided during which the election may be made. The election window shall run from
Rov l'i to Del' l'i (insert your annual time frame for the el~ction window), Conti)butions may
begin no earlier than the calendar year following the year of the election. .
Once made, the election is irrevocable and may not be revoked.
III c. Annual Prospective Election for Pre-Tax Contributions of Leave: An annual, irrevocable election to
Annual Sick
have his or her 0 sick 0 vacation IXJ otherLeave Pavout (describe) leave to be accrued in the next
calendar year contributed to the Plan on his or her behalf. and Annual Police Holiday Payout. See
Attachment to Section VI. R. 1. c. for
description.
13
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The Employer limits the amount elected as shown below:
~m;ployee JP.ay cont:rihut:e up tOJ.o_O~nf rhp ::rhnvp ;:mnn;:ll 1>aVoutB~
Contributions of future leave accruals will be remitted to the Plan
o as earned
:rJ at the end of the calendar year.
''':..<'~
e
The election to contribute mustbe. made in the calendar year before theVeaf1n.which:co,~tri~utioris;3re:t,o
begjn~ Once made, the election shall apply to succeeding calendar yearsunless otherwise.r(3viserl_or
revoked by the Employee on an annual basis.
An annual electio"n window of ~days [no more than 60 calendar days) is provided dunn~i"'tlich eligible
Employees may make the election to contribute. The election window shall run"frorrNov.15 toDec, ..15
(insert your annual time frame for the election window).
In adopting section a, b, andlor c, the Employer acknowledges that
ruled on irrevocable election contributions in an integral part trust.
counsel that such contributions are allowable under the conditions
Employer should discuss this i.ssue with appropriate counsel.
2. Voluntary After-Tax Contributions
Each Employee rn,ay Gontributeup to ~% ot'~-arnings(as
a voluntary after-tax basis. In no event may aggregate Employee
of total contributions inany Plan Year.
An Employee shall have the right to discontinue or vary the rate of elective after-tax contributions of Employee
earnings.
By adopting this section, the Employer acknowledges that the Internal Revenue Service has declined to rule on
Employee after tax contributions in an integral part trust. ICMA-RC has obtained the advice of counsel that such
contributions are allowable in an insubstantial amount (j.e. no more than 25% oftatal contributions inanyptan
Year). The Employer should discuss this issue with appropriate counsel.
C. Limits on Total Contributions
The total contrjbution on behalf of each Participant (including both Mandatory and Elective
Contributions) for each Plan Year shall 'lot exceed the following limit(s):
e
:1 ~/O of earnings (as defined in VI.A.1 ).
:J $_~~_
':J There js no Plar-cefined ;jmit on the percentage or dollar amount of earnings that may
be cont~ibuled.
Limits on indjv:duai contribution types are defined w:thjn the appropriate section above.
See Section V.A. for a discussion of nondiscrimination rules that may apply to non-collectively bargained self-
insured Plars
14
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VII. Vesting Schedule
A. The account is 100% vested at all times, unless specified otherwise in B. below.
B. The following vesting schedule applies to Direct Employer Contributions outlined in VI.A.1:
e
Years of
Service
Completed
Specified
Percent
Vesting
%
%
%
%
%
%
%
%
%
C. The account will become 100% vested upon the death, disability, retirement. or attainment of
benefit eligibility by a Participant.
Definition of retirement: K
VIII. Forfeiture Provisions
Upon separation from the service 01 the E-:mr1oyp..r-N 'lpnr1 reve-rsion to. the-Trust of a PDrticipant's account
assets remaining upon the participant's death las outlined in Section XI), a Participant's non-vested funds shall:
o Remain in the Trust to be reallocated among all Plan Participant's as Direct Employer Contributions for
the next and succeeding contribution cyclels).
fJ Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants.
e
CJ Remain in the Trust to be reallocated among all Plan Participants based upon Participant account bal-
ances.
o Revert to the Employer.
In the case of separation from service, the Participant's non-vested funds shall be applied as shown" above. In the
case of reversion due to the Participant's death under Section XI, the remaining account assets shaH be a2~
as snown above. ._______u -.- - ~-- -- - -.. __p_________n_ - -~-------.--- "-""- ----"- ----
!
IX. Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retiremrnt Health
Savings Plan :
A. A Participant is eligible to receive benefits:
At retirement only (as defined in Section VII.C.)
X At separation from service with the following restrictions
At age _ only
At retirement and age
At retirement or age
15
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B. Termination prior to general benefit eligibility: A Participant who separates from the service of the Employer
prior to attaining benefit eligibility as outlined in Section IX.A. or C. will be eligible to receive benefits:
(J Immediately upon separation from service.
o At age
e
C. A Participant who dies or becomes totally and permanently disabled (as delined by the Social Security
Administration) will become immediately eligible to receive medical benefit payments from his/her VantageCare
Retirement Health Savings Plan account.
X. Permissible Medical Benefit Payments
Benefits eligible for payment consist of:
A. X All Medical Expenses eligible under IRC Section 213' other than direct long-term care
expenses, OR
B. The following Medical Expenses (select only the expenses you wish to cover under the
VantageCare Retirement Health Savings Plan);
Medical Insurance Premiums
Medical Out-of-Pocket Expenses"
Medicare Part B Insurance Premiums
Medicare Supplement Insurance Premiums
COBRA Premiums
Dental Insurance Premiums
Dental Out-of-Pocket Expenses'
Long Term Care Insurance Premiums
Othe' (Must he eligible under IRC Section 213)"
. See Section V.A. for a discussion of nondiscrimination rules which may apply to non-collectively bargained,
self-insured Plans.
XI. Death Benefit
In the event of a Participant's death. the following shall apply:
e
Account Transfer; The surviving spouse and/or surviving eligible dependents (as defined in Section XIII.F.l of the
deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical bene~
fits specified in Section X above.
Upon notification of a Participant's death, the Participant's account balance will be transferred into the
Vantagepoint Money Market Fund". The account balance may be reallocated by the surviving spouse or
dependents.
If Please read the current prospectus carefully prior to investing. An investment in this fund is neither insured
nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable net asset value of
$1.00 per share. Vantagepoint Mutual Funds are distributed by ICMA-RC Services. LLC, a controlled affiliate of
ICMA Retirement Corporation. Member NASD/SIPC.
If a Part>cipant's account balance has not been fully utilized upon the death of the eligible spouse, the account
balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible depend-
ents, the balance will be available for medical benefits for the designated beneficiary of the last dependent or
spouse to die. Assets remaining upon the death of a designated beneficiary shall be available for medical bene-
fits of the beneficiary's designated beneficiary. If there is no living beneficiaryOesL the account will revert to the
Plan to be applied as specified in Section VIII.
t6
e
qLaj
There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the
Participant's spouse's or dependent's designated beneficiary{ies).
e
If there are no living spouse or dependents at the time of death of the Participant, the account will be available
for medical benefits for the designated beneficiarylies) of the Participant. Assets remaining upon the death of all
designated beneficiaries shall be available for medical benefits of the beneficiary's beneficiary. If there is no liv-
ing beneficiary(ies], the account will revert to the Plan to be applied as specified in Section VIII.
There will be no elective withholding of federal, state. or local taxes for medical benefit payments to the
Participant's beneficiary(iesl or any beneficiary's beneficiary.
XII. De Minimis Accounts
Upon separation from the service of the Employer prior to a Participant becoming eligible for medical benefits
from a VantageCare Retirement Health Savings Plan account, Participant accounts that are considered de min-
imis as specified below will be paid to the Participant.
o The de minimis account value shall be $5,000 or less.
o The de minimis account value shall be $
$5,000) or less.
(insert dollar amount between $0 and
!Xl The Plan shall not allow de minimis account distributions.
XIII. The Plan will operate according to the following provisions:
A. Employer Responsibilities
1. The Employer will submit all VantageCare Retirement Health Savings Plan contribution
data via electronic submission.
2. Participant status updates andlor changes or personal information updates andlor changes !participants'
termination dates, Participants' benefit eligibility dates, etc., will be provided via"electronic submission.
S, Participant account administration fees will be paid through the redemption of Participant account shares,
unless agreed upon othervvise in the Administrative Services Agreement.
e
c. Employer plan fees will be paid by the Employer as outlined in the Administrative Services Agreement.
O. Assignment of benefits is not permitted.
E. Payments to an alternate payee (payee other than a Participant) are not permitted with the exception of reim-
bursement of health insurance premiums to the Employer.
F. An eligible dependent is the Participant's lawful spouse and any other individual who is a perso," described in
IRC SectIOn 152(a). I
G. The Employer will be responsible for withholding, reporting and remitting any applicable taxe\;. as outlined
in the VantageCare Retirement Health Savings Plan Employer Manual.
XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Empl6yer
VantageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the
Trust and/or loss of tax-deferred status for Employer contributions.
17
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e
EMPLOYER
By:
Title:
Attest:
Title: City Administrator
Accepted: Vantagepoint Transfer Agents. LLC
tl1APf,
Corporate Secretary
e
e
18
q La.-)
VantageCare Retirement Health Savings Plan
Implementation Data Form - Page 1
~
Instructions to Employer: Provide necessary infonnation to establish your plan properly.
Please contact your New Business Analyst at 1-800-326-7272, jf you have any questions.
leMA RETIREMENT CORPORATION
e
ICMA-RC Use Only
1. Employer t
Gonerol
Information
2 (902) Employer's Full Name: City of Hutchinson
3. (924) Street Address: 111 Hassan Street SE
19251 .
4. 19181 City: Hutchinson
1919) State: HN (920) Zip Code 55350
5. (633) Primary Contact: Brenda Ewinl!
6. (634) Primary Contact litle: HUllan Resources Director
7. (6311 Primary Contact Telephone #: (320 1 234-4213 or 320-587-5151
8. (632) Fax #: 1 320) 234-4240
9. (PTOO~ E-mail ;"'t.llJl~::'~. bewbg~ci~hU"LI.:..uiusu1i.~ifu:..l.Ub
10 IB82) Employer's Federal Tax Identification Number: 41 6005253
11. # of Employees:
12. # of Employees Eligible for Plan Participation:
13. # of Employees Eligible to Receive Medical Benefits:
Plan
Implementation
Information
14. Plan Level Quarterly Statements: INote:' 0 defauh)
a. Sort Order: 1629) 0 SoSSN* U NoName
b. Output Media: (627) IJI PoPaper' 0 MoMicrofiche
c. Type: (626) 0 SoSummary' U OoOetail
o BoBound
e
15. (6111 Contribution Information: INote:' 0 defauh)
- I a.-Frequency:. Icheckone): III IO~I>i-weakly'
o 111 Weekly
o (21 Semi-weekly
o 13) Si-monthly
01) Other:
0- (4~Monthly-.
o (5) Semi-Monthly
o 161 Bi-quarterly
o 171 Quarterly
o i8l-S~mi-quarterly---
o (9) If-annually
o (10)iAnnually
o 111 i Semi-annually
b. Deposit Medium'
(624) U Check'
o Wire
o EFT
c. Data Medium: EZ Link Required to participate in RHS Plan
d. First Contribution Date Following Implementation: January 19, 2007
leMA Retirement Corporation' Attn: Records Management Unit. P.O. Box 96220. Washington, DC 20090-6220' Toll Free 1-800669-7400
20
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VantageCare Retirement Health Savings Plan
Implementation Data Form ,Page 2
Plan Contacts
III any item #16-21 is left blank. the Primary Contact in #5 will receive mailings
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Payroll Contact
Information 16. PTOl Contact Signature:
12001 Contact Name: Brenda Evinjl;
Please indicate (2001 Contact TItle: HUDLaD R.esources Coordinato
alternate
addresses in (420) Telephone: 13201 234-4213 Fax: I
Coments Section 17. PT08 Contact Signature:
12001 Contact Name: Joleen Runke
12001 Contact TItle: Payrol]/Bene~its Special
14201 Telephone: 1320) 234-4205 Fax: 1
18. PT09 Contact Signature:
(2001 Contact Name:
12001 Conta ct TItle:
14201 Telephone: I_I Fax:
Contribution 19. PT02 1200) Contact Name: Joleen Hunke
Contact (2001 Contact Title: Payroll/Beneflits Spec
In'annation
(4201 Telephone: 13201 234-4205
Trustee Contact 2U. PT10 12001 Trustee Name: Gary D Plotz
Information 12001 Trustee Title: Ci~ AdminiA~ra~nr
12001 Trustee Address: ]]1 HaRRRD ~'tTP-P'" S
Street
City Hutchfnf:i:on State
(420) Telephone: 1llQ.) 587 515]
Billing IFees) 21. PT06 1200) Contact Name: Brenda Ewing
Contact 1200) Contact Tnla: Ruman Resources Direc
Information 1420) Telephone: {..1Z.ll.) 234-4213
Comments:
IAltemate
Addresses lor
#16-21)
Inlemal Use
Only 641 912 608
- - -
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leMA RETIREMENT CORPORATION
r
32g 234-4240
!.at
32g 234-4240
L-I
!.alist
Fax: 1..1lDI 234-4240
E
MIl Zip 55l~O
Fax: 1..1Z.ll.) 234-4240
tor
Fax: L32DJ 234-4240
ICMA Retirement Corporation. Attn' Records Management Unit. P.O. Box 96220. Washington, DC 20090-6220. Toll Free,'1-800 669-7400
21
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Employer VantageCare Retirement Health Savings (RHS) Plan Adoption Agreement
Attachment to Section V. A.
Per City of Hutchinson Resolution No. 9593 relating to city personnel and establishing a basic
personnel policy - Employees in permanent full time positions are those whose regularty
scheduled duties consist of 80 hours in a two week pay period, year round. Employees In
permanent part time positions are those whose regularly scheduled duties consist of at least 40
hours but less than 80 hours in a two week pay period, year round.
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Employer VantageCare Retirement Health Savings (RHS) Plan Adoption Agreement
_
Attachment to Section VI. B. 1. b.
Per City of Hutchinson Resolution No. 9593 resolution relating to city personnel and
establishing a basic personnel policy:
Vacation Leave Payout Upon Termination
Any employee leaving the municipal service in good standing after at least one year of service
and after giving proper notice of such tennination of employment shall be compensated for
vacation leave accrued and unused to the date of separation.
Retirement Sick Leave Payout
On retirement or upon death before retirement, a payback of one-third of the amount over 240
hours will be made.
_
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Employer VantageCare Retirement Health Savings (RHS) Plan Adoption Agreement
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Attachment to Section VI. B. 1. c.
Per City of Hutchinson Resolution No. 9593 resolution relating to city personnel and
establishing a basic personnel policy:
Annual Sick Leave Payout
Sick leave shall accrue at eight hours per month, up to a maximum of 720 hours. After the
accumulation of 720 hours, a payback of one-third of the amount over 720 hours will be made
annually on or about February 1. No further payment will be made on tenninatlon of
employment
Annual Police Holiday Payout
Police Holidays Any employee of the police department who works a rotating shift shall receive
84 hours extra pay per year in lieu of holidays, with payment made in December. Relief police
dispatchers and part time officers shall be paid time and one half on holidays.
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VANTAGECARE RETIREMENT HEALTH SA VINGS PLAN
DECLARATION OF TRUST OF THE
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CITY OF HUTCHINSON
INTEGRAL PART TRUST
Declaration of Trust made as of the _ day of
.20_.
by and between the City of Hutchinson, Minnesota a City (hereinafter referred to as the
"Employe!") and
or its designee (hereinafter referred to as the
"Trustee").
RECITALS
WHEREAS. the Employer is a political subdivision of the State of Minnesota
exempt from federal income tax under the Internal Revenue Code of 1986; and
WHEREAS. the Employer provides for the security and welfare of its eligible
employees (hereinafter referred to as "Participants"). their Spouses, Dependents and
Beneficiaries by the maintenance of one or more post-retirement welfare benefit plans,
programs or a'rangements which p'ovid~ fOI life, sickness, medical. disability. severance and
other shidiar benefits througll illSUrance and self-funded reimbursement plans (cc.lle.:.ti'vGly t~(:
"Plan"); and
It
WHEREAS. it is an essential function and integral part of the exempt activities of the
Employer to assist Participants, their Spouses. Dependents and Beneficiaries by making
contributions to and accumulating assets in the trust. a segregated fund, for post-retirement
welfare benefits under the Plan; and
WHEREAS. the authority to conduct the general operation and administration of
the Plan is vested in the Employer or its designee, who has the authority and shall be
subject to the duties with respect to the trust specified in this Declaration of Trust; and
WHEREAS. the Employer wishes to establish this trust to hold assets and income
of the Plan for the exclusive benefit of Plan Participants, their Spouses, Dependents and
Beneficiaries;
NOW. THEREFORE, the parties hereto do hereby establish this trust. by exeduting
the Declaration of Trust of the City of Hutchinson Integral Part Trust (hereinafter referred to
as the "Trust"), and agree that the following constitute the Declaration of Trust (hereinaf/er
referred to as the "Declaration"): .
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ARTICLE I
Definitions
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1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective
meanings set forth below unless otherwise expressly provided.
(a) "Account" means the individual record keeping account maintained under the Plan to record the
interest of a Participant in the Plan in accordance with Section 7.4.
Ib) "Administrator" means the Employer or the entity designated by the Employer to carry out admin-
istrative services as are necessary to implement the Plan.
lei "Beneficiary" means the Spouse and Dependents, or the person or persons designated by the
Participant pursuant to the terms of the Plan, who will receive any benefits payable hereunder in
the event of the Participant's death. A Beneficiary may also designate a beneficiary(ies) to receive
any benefits payable hereunder in the event of the preceding Beneficiary's death, until the satisfac-
tion of all liabilities under the Plan to provide benefits. In the case where there is no designated
Beneficiary, any amount of contributions, plus accrued earnings thereon, remaining in the Account
must, under the terms of the Plan, be returned to the Trust.
(d) "Code" means the Internal Revenue Code of 1986, as amended from time to time.
Ie) "Dependent" means an individual who is a person described in Code Section 152(a).
(f) "nvestmwl Fund" means any separate investment option or vehicle selected by the Employer in
whlcn air or a panion of the Trust asset~ may be sap3ra-::ely in',/eG~ed as h-J;"~:~ ;:~-:'-,,:,:bd. Th2
Trustee shall not be required to select any Investment Fund.
(g) "Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse, Depend-
ent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribu-
tion which has vested pursuant to the vesting schedule specified in the Employer's Plan. A Partici-
pant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in the Partici-
pant's own contributions.
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(h) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in
which the Participant has his primary place of residence.
iii "Trust" means the trust established by this Declaration.
(j) "Trustee" means the Employer or the person or persons appointed by the Employer to serve in
that capacity.
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VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
ARTICLE II
Establishment of Trust
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2.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Partici-
pants, their Spouses, Dependents and Beneficiaries.
ARTICLE III
Construction
3.1 This Trust and its validity, construction and effect shall be governed by the laws of the State of
Minnesota
StBtft
3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine
gender where appropriate, and the singular form of words shall be read as the plural where appropriate.
3.3 If any provision of this Trust shall be held illegal or invalid for any reason. such determination shall
not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of
this Trust.
ARTICLE IV
Benefits
4.1 Benefits. This Trust may provide benefits to the Participant, the Participant's Spouse, Dependents and
Beneficiary(iesl pursuant to the terms of the Plan.
4.2 Form of Benefits. This Trust may provide benefits by cash payment. This Trust may reimburse the
Participant, his Spouse, Dependents or Beneficiarylies) for insurance premiums or other payments ex-
pended for permissible benefits described under the Plan. This trust may reimburse the Employer, or the
Administrator for insurance premiums.
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ARTICLE V
General Duties
5.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee's name
as directed by the Employer or its designees in writing. The Trustee shall not be under any duty 10 com-
pute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts
as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the cU$tody,
investment, safekeeping or disposition of any assets comprising the Trust, to the extent such furictions are
performed by the Employer or the Administrator, or both.
5.2 II shall be the duty of the Employer, subject to the provisions of the Plan, to pay over to the ~dminis,
tratar or other person designated hereunder from time to time the Employer's contributions and Partici-
pants' contributions under the Plan and to inform the Trustee in writing as to the identity and value of the
assets titled in the Trustee's name hereunder and to keep accurate books and records with respbct to the
Participants of the Plan. :
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ARTICLE VI
Investments
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6.1 The Employer may appoint one or more investment managers to manage and control all or part of the
assets of the Trust and the Employer shall notify the Trustee in writing of any such appointment.
6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and
shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the
Employer (or Participants, their Spouses and Dependents. or Beneficiaries to the extent provided herein)
the Trustee is authorized and empowered with the following powers, rights and duties, each of which the
Trustee shall exercise in a nondiscretionary manner:
(a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee
or in the name of a nominee, or to take and keep the same unregistered;
(b) To employ such agents and legal counsel as it deems advisable or proper in connection with its
duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be
liable for the acts of such agents and counselor for the acts done in good faith and in reliance
upon the advice of such agents and legal counsel, provided it has used reasonable care in
selecting such agents and legal counsel;
(cl To exercise where applicable and appropriate any rights of ownership in any contracts of
insurance in which any part of the Trust may be invested and to pay the premiums thereon;
and
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(d~ At the diref:tion of thA Fmploy~r (or Pi'lrtir:~r:::.nt-"" thpi.. SrnllC:f!~. their Dependents, their Benefi-
ciaries, or the investment manager, as the case may be) to sell, wrrre options on, conveyor
transfer, invest and reinvest any part thereof in each and every kind of property, whether real,
personal or mixed, tangible or intangible, whether income or non,income producing and
wherever situated, including but not limited to, time deposits (including time deposits.in the
Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of
interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures,
equipment or collateral trust certificates, rights, warrants. convertible or exchangeable securi,
ties and other corporate, individual or government securities or obligations, annuity, retire-
ment or other insurance contracts, mutual funds (including funds for which the Trustee or its
affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units
of any other common, collective or commingled trust fund.
6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as
title holder only. Persons holding custody or possession of assets titled to the Trust shall include the
Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee.
The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from
compliance with any direction from the Employer, the Administrator, the investment manager, or such
agents to take title to any assets nor shall the Trustee be responsible or liable for any loss or expense
which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if
the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may
refuse to comply with any direction from the Employer, the Administrator, the investment manager, or
such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal.
6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims,
demands, liabilities, losses, damages or reasonable expenses of whatsoever kind and nature in connection
with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the
directions of the Employer or its agents and subagents hereunder, or (ii) any disbursements of any part of
the Trust made by the Trustee in accordance with the directions of the Employer, or (Iii) any action taken
by or omitted in good faith by the Trustee with respect to an investment managed by an investment
manager in accordance with any direction of the investment manager or any inaction with respect to any
7
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VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
such investment in the absence of directions from the investment manager. Notwithstanding anything to
the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemni-
fication if the Trustee fails negligently, intentionally or recklessly to perform any of the duties undertaken
by it under the provisions of this Trust.
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6.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer,
the Administrator and the investment manager or another agent of the Employer, will be responsible for
valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing
of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims,
actions, demands, liabilities, losses, damages, or expenses of whatsoever kind and nature, which arise
from or are related to any use of such valuation by the Trustee or holding. trading, or disposition of such
assets.
6.6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all ac'
tions, claims. demands, liabilities. losses, damages and reasonable expenses of whatsoever kind and
nature in connection with or arising out of (a) the Trustee's failure to follow the directions of the Employer,
the Administrator, the investment manager. or agents thereof, except as permitted by the last sentence of
Section 6.3 above; Ib) any disbursements made without the direction of the Employer, the Administrator,
the investment manager or agents thereof; and (c) the Trustee's negligence, willful misconduct, or reck-
lessness with respect to the Trustee's duties under this Declaration.
ARTICLE VII
Contributions
7.1 Employer Contributions. Tbe Employer shedl contribute ~a the Trust such amounts as specified in the
Plan or oy resolution.
7.2 Participant Contributions. If specified in the Plan, each Participant may make voluntary after-tax
contributions. Under no circumstances shall Participant Contributions exceed an insubstantial amount.
These contributions shall be collected by the Employer and remitted to the Trust for deposit at such time
or times as required under the terms of the Plan.
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7.3 Accrued Leave. Contributions up to an amount equal to the value of accrued sick leave, vacation
leave. or other type of accrued leave, as permitted under the Plan. The Employer's Plan must provide a
formula for determining the value of the Participant's contribution of accrued leave. The Employer's Plan
must contain a forfeiture provision that will prevent Participants from receiving the accrued leave in cash
in lieu of a contribution to the Trust.
7.4 Accounts. Employer contributions, Participant contributions, and contributions of accrued leave. all
investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be
deposited into an Account in the name of the Participant for the exclusive benefit of the Participant, his
Spouse. Dependents and Beneficiaries. The assets in each Participant's Account may be invested in
Investment Funds as directed by the Participant lor, after the Participant's death, by the spousei.
Dependents or Beneficiaries) from among the Investment Funds selected by the Employer. i
7.5 Receipt of Contributions. The Employer or, if so designated by the Employer, the Administrator or
investment manager or another agent of the Employer, shall receive all contributions paid or ~elivered to
it hereunder and shall hold, invest. reinvest and administer such contributions pursuant to thit Declara-
tion, without distinction between principal and income. The Trustee shall not be responsible lor the
calculation or collection of any contribution under the Plan, but shall hold title to property received in
respect of the Plan in the Trustee's name as directed by the Employer or its designee pursuant to this
Declaration. I
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RETAIN BOOKLET
7.6 No amount in any Account maintained under this Trust shaH be subject to transfer, assignment, or
alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Em-
ployer, the Trustee, any Participant. his Spouse, Dependent, or Beneficiaries.
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7.7 Upon the satisfaction of all liabilities under the Plan to provide such benefits. any amount of Employer
contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms
of the Plan, be returned to the Employer.
ARTICLE VIII
Other Plans
If the Employer hereafter adopts one or more other plans providing life, sickness, accident, medical.
disability, severance, or other benefits and designates the Trust hereby created as part of such other plan,
the Employer or, if so designated by the Employer. the Administrator or an investment manager or an,
other agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder
contributions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the
Administrator or an investment manager or another agent of the Employer, may commingle for invest-
ment purposes the contributions received under such other plan or plans with the contributions previously
received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the
Administrator or an investment manager or another agent of the Employer, shall at all times show the
portion of the Trust Fund allocable to each plan; (b) the term 'Plan" as used herein shall be deemed to
refer separately to each other plan; and Ic) the term "Employer" as used herein shall be deemed to refer to
the person or group of persons which have been designated by the terms of such other plans as having
the authority to c011trol ~~d m.~m~ge the operation and administration of such other plan
ARTICLE IX
Disbursements and Expenses
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9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons
and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no
payment shall be made, either during the existence of or upon the discontinuance of the Plan (subject to
Section 7.7). which would cause any part of the Trust to be used for or diverted to purposes other than the
exclusive benefit of the Participants, their Spouses and Dependents, and Beneficiaries pursuant to the
provisions of the Plan.
9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of
the Participants to whom or to whose Spouse, Dependents, or Beneficiaries such payments are to be
made, and no person shall be entitled to look to any other source for such payments.
9.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by
them in the administration (}f the Trust. All such expenses. including, without limitation, reasonable fees
of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against
and shall be paid from the Trust upon the direction of the Employer.
ARTICLE X
Accounting
10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and
other transactions of the Trust, except as necessary to perform its title-holding function hereunder. All
accounts, books, and records relating thereto shall be maintained by the Employer or its designee.
9
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VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a
wrinen account sening forth assets titled to the Trust as reported to the Trustee by the Employer or its
designee.
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ARTICLE XI
Miscellaneous Provisions
11.1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be
appointed by, or account to any court of law in the exercise of its powers hereunder.
11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look
to the propriety of the acts of the Trustee in connection therewith.
11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the
Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of
the Trustee under this Declaration.
11.4 The Employer shall have the right at all reasonable times during the term of this Declaration and for
three (3) years after the termination of this Declaration to examine, audit, inspect, review, extract informa-
tion from, and copy all books, records, accounts, and other documents of the Trustee relating to this
Declaration and the Trustees' performance hereunder.
ARTICLE XII
Amendment and Termination
12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration
at any time for any reason without the consent of the Trustee or any other person, provided that no
amendment affecting the rights, duties, or responsibilities of the Trustee shall be adopted without the
execution of the Trustee to the amendment. Any such amendment shall become effective as of the date
provided in the amendment, if requiring the Trustee's execution, or on delivery of the amendment to the
Trustee, if the Trustee's execution is not required.
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12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to
provide such benefits, any amount of Employer contributions. plus accrued earnings thereon, remaining
in such separate Accounts must. under the terms of the Pian, be returned to the Employer.
ARTICLE XIII
Successor Trustees !
!
13.1 The Empioyer reserves the right to discharge the Trustee for any or no reason, at any tim~ by giving
ninety (901 days' advance written notice.
13.2 The Trustee reserves the right to resign at any time by giving ninety (901 days' advance J..rinen notice
to the Employer.
,
,
13.3 In the event of discharge or resignation of the Trustee. the Employer may appoint a suc~essorTrus-
tee who shall succeed to all rights, duties, and responsibilities of the former Trustee under thi.s Declara-
tion, and the terminated Trustee shall be deemed discharged of all duties under this Declaration and
responsibilities for the Trust.
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RETAIN BOOKLET
ARTICLE XIV
Limited Effect of Plan and Trust
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Neither the establishment of the Plan and the Tr~st or any modification thereof, the creation of any fund or
account, nor the payment of any benefits, shall be construed as giving to any person covered under the
Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or
any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this
Declaration.
ARTICLE XV
Protective Clause
Neither the Administrator. the Employer, nor the Trustee shall be responsible for the validity of any con,
tract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the
part of the insurer or provider to make payments provided by such contract, or for the action of any per-
son which may delay payment or render a contract void or unenforceable in whole or in part.
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VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
IN WITNESS WHEREOF, the Employer and the Trustee have executed this Declaration by their respective
duly authorized officers, as of the date first hereinabove mentioned.
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EMPLOYER:
By:
Title:
TRUSTEES:
By:
Title:
By:
Title:
By:
Title:
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RETAIN BOOKLET
Internal Revenue Service
Department of the Treasury
Index Number: 115.02-00
Washington. DC 20224
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Contact Person:
.
Telephone Number:
In Refer!ince \9:
CC:DUM:FI&P:2 PLR-11668s-99
Dare:
December 28, 1999
City
Trust
State
Dear
This is in response to a letter dated October 12, 1999, and
prior correspondence, requesting a private letter ruling that
Trust is an integral part of City.
FACTS
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City is a poli:ical subdivision of State. City currently
maintains one or more post-retirement welfare benefit plans
(collectively, the "Plan") that provide its eligible employees
("Participants") and their beneficiaries ("Beneficiaries") with
life, sickness, medica~, disability, severance and other similar
benefits through insurance and self-funded reimbursement plans.
City intends to establish Trust to hold assets and income of
the Plan for the exclusive benefit of Participants and their
Beneficiaries.
Trust I 5 DeclCiration defines "Bene::ic-iaries" ~c :..!:c2.ude a
Participant's spouse, any child of the Participant or the
Pa=ticipantls spouse wno is a minoy or a student within the
meaning of section 15: (c) (4) of the Internal Revenue Cede, a,.."
ether minor chile residing WiLh the Participant, a~d any other
individual who is a oerson described in section 152(0.) of the
Code. Death benefits may be provided to any Beneficiary
designated by a Participant under the terms of a death benefit
program or an i~surance cont=ac~ fo~~~g par~ of t~~ P~2~. ~~~s:
13
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VANTAGECARE RET1REMENT HEALTH SAV1NGS PLAN
PLR-1l6685-99
2
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may provide benefits by cash payment, and may reimburse a
Participant, City, or Trust's Administrator for insurance
premiums or other payments expended for permissible benefits
under the Plan.
Under Trust's Declaration, City will be the Administrator of
Trust, City may appoint one or more investment managers to
manage and control all or part of the assets of Trust. Under
Trust's Declaration, the Trustee will hold assets only as
titleholder. Persons having custody or possession of assets may
include City, the Administrator of Trust, the investment manager,
and their agents and subagents, but not the Trustee. The Trustee
will have no discretion or authority with regard to the
investments of Trust and will act solely as a directed Trustee
with respect to the assets to which it holds title.
The Trustee will not be responsible or liable for any loss
or expense that may arise or result from complying with any
direction from the City, the Administrator, the investment
manager, or such agents to take title to any assets, or from the
Trustee's refusal or failure to comply with any direction to hold
title, unless it involves or results from the Trustee's
negligence or intentional misconduct. The Trustee may refuse to
comply with any direction if it deems such direction illegal.
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City indemnifies and holds the Trustee harmless trom any
actions, claims, demands, liabilities, losses, damages or
reasonable expenses of any kind in connection with or arising out
of (i) any action taken or omitted in good faith in accordance
with its directions, (ii) any disbursements made in accordance
with directions, or (iii) any action taken by or omitted by the
Trustee with respect to an investment managed by an investment
manager in accordance with any direction of the investment
manager or any inaction regarding any investment in the absence
of directions from the in~estment manager. City, however, has no
responsibility to the Trustee under the indemnification if the
Trustee fails negligently, intentionally, or re.ckless to perform
1ts duties.
City will contribute to Trust such amounts as specified in:
the Plan or by resolution. No other person or persons will be
permitted to make any contributions.
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The Plan must orovide a formula for determining the vall>eiof
a ParticiDan~'s acc~ed vacation leave, sick leave, or both, in
excess of-a threshold number of hours of such leave. City may:
contribute amounts so determined to trust. The Plan will contain
a forfeiture provision that will prevent Participants and theilr
Beneficiaries from receivino cash in lieu of a contribution tq
Trust in their behalf. Contributions, investment income, .
realized and un~ealized cains and losses, 2DC forfeit~~es ~~~ te
deposiceci into an accou~t i~ Tyust in the r.~me of t~e ?a~=~ci a~~
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PLR-1l6 685 - 99
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for the exclusive benefit of the Participant and his or her
Beneficiaries. A Participant may direct the investment of
amounts in her or his account among investments'selected by City.
No amount in any account will be subject to transfer, assignment,
or alienation, whether voluntary or involuntary, in favor of any
creditor, transferee, or assignee of City, the Trustee,
Participant or Beneficiary.
Cit.y or the Administrat.or, investment manager, or ot.her
agent. designat.ed by Cit.y will receive cont.ributions and will
hold, invest, and administer contributions without distinction
between principal and income. The Trustee will not be
responsible for the calculation or collection of contributions,
but will hold t.itle t.o propert.y received as directed by Cit.y or
its designee. The Trustee will not be required t.o keep accounts
of the investments, receipt.s, disbursements, and other
transaction of Trust. except. as necessary to perform it.s tit.le-
holding function. City or its designee will maint.ain all books
and records.
City reserves t.he right. t.o alter, amend, or t.erminat.e Trust
at any t.ime for any reason wit.hout t.he consent. of any person. No
amendment affect.ing t.he Trust.ee is effect.ive wit.hout. the
Trustee's consent., and no t.erminat.ion can result. in any pa~t. of
Trust's assets being used foy or ni,VP'rt-~d tC' pllrT'o~~s 8~'.-.c::.,.- r~2r;,
t.he exclusive benefit. of Part.icipant.s and Beneficiaries.
If Cit.y adopt.s otr.er plans providing life, sickness,
accident., medical, disability, severance, or ot.her benefit.s and
designat.es Trust. as part. of such plan, Cit.y or its agent will
hold cont.ributions to such plan in Trust. The contributions may
be commingled for investment. purposes, but t.he books and record
of Trust must. show t.he port.ion of Trust allocable to each plan.
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Upon t.he sat.isfact.ion of ,,11 liabilities under t.he Plan "0
provide benefit.s, any amount.s remaining in any account. must. be
returned t.o City.
LAW & ANALYSIS
Income of "n int.egral part. of a state or politic"l
subdivision of " state is not t.axable absent. specific S""tutcry
authorizat.ion. ~ Rev. Rul, 87-2, 1987-1 C.B. 18; section
511 (a) (2) (B) of the Code, GCM 14407, C.B. XIV-1, 103 (1935),
superseded by Rev. Rul. 71-131, 1971-1 C.B. 28. Whether an
enterprise is an int.egral part depends on f"cts and circumst"Dces
such "s t.he state's degree of control over t.he ent.erprise "no it.s
financial commit.ment. to t.he enterprise. If an enterpris~ is an
integral part of a st"t.e or polit.ical subdivision of " stat.e, it
will not. be treated as a separat.e entit.y for federal t.ax
purposes, thcug:-, it may h"ve been formed as " separate en: i t-,'
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VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
PLR-1166 8 5 - 9 9
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under state law. Section 301.7701-1(a} (3) of the Procedural and
Administrative Regulations.
City has made a substantial financial commitment to Trust by
providing all of its funding. City retains complete control over
Trust because it may amend or terminate Trust at any time. City
ret.ains control over the daily operation of Trust by its power to
appoint or remove agents who manage daily operation. The Trustee
is merely a title holder with no power to manage Trust.
CONCLUSION
Provided that. City is t.he only person that makes
contributions t.o Trust, and Trust accepts or holds only amounts
of money contributed by City, Trust will be an integral part of
City, and any income earned on amounts in Trust will not be
subject to federal income tax.
it.
used
This ruling is directed only to the,taxpayer
Section 6110 (k) (3) of the Code provides that
or cited as precedent.
that requested
it may not be
Except as specifically provided otherwise, no opinion is
expressed on the fedcr;:;.l i::]c::m~.c tax ~or:secr.ler..::es sf t::'2
t.ransaction descrioeo aDOV~.
In accordance with t.he t.erms of a power of attorney on file
in t.his office, a copy of tn' letter is being sent to your
authorized representative.
Sincerely,
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Assistant Chief Counsel
(Financial Instit.utions & Products)
By:
William Coppersmith
William E. Coppersmith
Chief, Branch 2
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SAMPLE
RETIREE MEDICAL AND DENTAL EXPENSE REIMBURSEMENT PLAN
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VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
SAMPLE
RETIREE MEDICAL AND DENTAL EXPENSE REIMBURSEMENT PLAN
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Article I Preamble
1.01 Establishment of Plan
1,02 Purpose of Plan
Article II Definitions
2.01 "Beneficiary
2.02 "Benefits"
2,03 "Code"
2,04 "Dependent"
2,05 "Eligible Medical or Dental Expenses"
2,06 "Employer"
2.07 "Entry Date"
2.08 "Participant'"
2.09 "Plan Administrator"
2.10 "Plan Year"
2.11 "Retiree"
2.12 "Spouse"
Article III Eligibility
3,01 General Requirements
Article IV Amount of Benefits
4,01 Annual Benefits Provided by the Plan
4,02 Cost of Coverage
Article V Payment of Benefits
5,01 Eligibility for Benefits
5,02 Claims for Benefits
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Article VI Plan Administration
6.01 Allocation of Authority
6,02 Provision for Third-Party Plan Service Providers
6.03 Several Fiduciary Liability
6,04 Compensation of Plan Administrator
6,05 Bonding
6,06 Payment of Administrative Expenses
6.07 Timeliness of Payments
6,08 Annual Statements
Article VI Claims Procedure
7.01 Procedure if Benefits are Denied Under the Plan
7.02 Requirement for Written Notice of Claim Denial
7.03 Right to Request Hearing on Benefit Denial
7,04 Disposition of Disputed Claims
7,05 Preservation of Other Remedies
Article VIII Amendment or Termination of Plan
8,01 Permanency
8,02 Employer's Right to Amend
8.03 Employer's Right to Terminate
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Article IX General Provisions
9.01 No Employment Rights Conferred
9,02 Payments to Beneficiary
9.03 Nonalienation of Benefits
9.04 Mental or Physical Incompetency
9.05 Inability to Locate Payee
9,06 Requirement of Proper Forms
9.07 Source of Payments
9,08 Tax Effects
9.09 Multiple Functions
9,10 Gender and Number
9,11 Headings
9.12 Applicable Laws
9.13 Severability
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VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
ARTICLE I
Preamble
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THIS INSTRUMENT made and published by the City of Hutchinson (hereinafter called
"Employer") on the _ day of 20~ creates the Hutchinson Retiree Medical
and Dental Expense Reimbursement Plan, as follows:
1.01 Establishment of Plan
The Employer named above hereby establishes a Retiree Medical and Dental Expense Reimbursement
Plan as of the _ day of 20_.
1,02 Purpose of Plan
This Plan has been established to reimburse the eligible Retirees of the Employer for medical and dental
expenses incurred by them, their Spouses, Dependents. and Beneficiaries pursuant to the Employer's
VantageCare Retirement Health Savings (RHS) Plan,
ARTICLE II
Definitions
The following words and phrases as used here~:! shan hove the ~ol!owil'"1g mp.aning..., IJnle~o:: ;::! c:~::r~nt
meaning is plainly required by the conteXl:
2.01 "Beneficiary" means the person or persons designated pursuant to the terms of the Plan. who will
receive any Benefits payable hereunder in the event of the Participant's death. A Beneficiary may also
designate a beneciarylies) to receive any benefits payable hereunder in the event of the preceeding Ben-
eficiary's death until the satisfaction of all liabilities under the plan to provide benefits,
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2.02 HBenefits" means any amounts paid to a Participant or Beneficiary in the Plan as reimbursement for
Eligible Medical and Dental Expenses incurred by the Participant or Beneficiary during a Plan Vear by him,
his Spouse, his Dependents, or his Beneficiary.
2.03 "Code" means the Internal Revenue Code of 1986. as amended,
2.04 "Dependent" means any individual who is a dependent of the Participant within the meaning/of Code
Se~ 152, /
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2.05 "Eligible Medical or Dental Expenses" means those expenses designated by the Employer as eligible
for reimbursement in the VantageCare Retirement Health Savings Plan Adoption Agreement. I
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2.06 "Employer" means the unit of state or local government creating this Plan, or any affiliate qr succes-
sor thereof that likewise adopts this Plan.
2,07 "Entry Date" means the first day the Participant meets the eligibility requirements of Articl~ III as of
such Date, '
2,08 "Participant" means any Retiree who has met the eligibility requirements set forth in Artiqle III,
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2,09 "Plan Administrator" means the Employer or other person appointed by the Employer w~o has the
authority and responsibility to manage and direct the operation and administration of the Plan.
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2,10 "Plan Year" means the annual accounting period of the Plan, which begins on the ~ day of
January , 20 -.!!L and ends on the ..llJ!!:day of Decem.er , 20..lU.....- with respect to the first
Plan Year, and thereafter as long as this Plan remains in effect, the period that begins on January 1
and ends on December 31
2.11 "Retiree" means any individual who, while in the service of the Employer, was considered to be in a
legal employer-employee relationship with the Employer for federal withholding tax purposes, and who
was part of the classification of employees designated as covered by the Employer's VantageCare Retire-
ment Health Savings Plan,
2.12 "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which
the Participant has his primary place of residence.
All other defined terms in this Plan shall have the meanings specified in the various Articles of the Plan in
which they appear,
ARTICLE III
Eligibility
Each Retiree who meets the eligibility requirements outlined in the Employer's VantageCare Retirement
Health Savings Plan shall be eligible to participate in this Plan.
ARTICLE IV
A""'Ollnt"f RAnefit!f'-
4.01 Annual Benefits Provided by the Plan
Each Participant shall be entitled to reimbursement for his documented, Eligible Medical or Dental Ex-
penses incurred during the Plan Year in an annual amount not to exceed the account balance of the Partici-
pant in the Employer's VantageCare Retirement Health Savings Plan.
4.02 Cost of Coverage
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The expense of providing the benefits set out in Section 4,01 shall be contributed as outlined in the Em-
ployer's VantageCare Retirement Health Savings Plan.
ARTICLE V
Payment of Benefits
5.01 Eligibility for Benefits
lal Each Participant in the Plan shall be entitled to a benefit hereunder for all Eligible Medical and
Dental Expenses incurred by the Participant on or after the Entry Date of his or her participa-
tion, (and after the effective date of the Plan) subject to the limitations contained in this Article
V, regardless whether the mental or physical condition for which the Participant makes applica-
tion for benefits under this Plan was detected, diagnosed, or treated before the Participant
became covered by the Plan,
Ib) In order to be eligible for benefits, the Participant must meet the benefit eligibility criteria
outlined in the Employer's VantageCare Retirement Health Savings Plan Adoption Agreement.
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(cl A Participant who becomes totally and permanently disabled (as defined by the Social Security
Administration) will become immediately eligible to receive medical benefit payments from the
Plan, Pursuant to Section 9.02 and Employer's VantageCare Retirement Health Savings Plan
Adoption Agreement, the surviving Spouse and Dependents, or Beneficiary{ies) shall become
immediately eligible to receive or to continue receiving medical benefit payments from the
Plan upon the death of the Participant.
5.02 Claims for Benefits
No benefit shall be paid hereunder unless a Participant, his Spouse.Dependent or Beneficiary has first
submitted a written claim for benefits to the Plan Administrator on a form specified by the Plan Adminis-
trator, and pursuant to the procedures set out in Article VI, below. Upon receipt of a properly documented
claim, the Plan Administrator shall pay the Participant, his Spouse. Dependent or Beneficiary the benefits
provided under this Plan as soon as is administratively feasible.
ARTICLE VI
Plan Administration
6,01 Allocation of Authority
The Employer shall control and manage the operation and Administration of the Plan. The Employer shall
have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the
right to remedy possible ambiguities, inconsistencies, or omissions. All determinations of the Employer
with respect to any matter hereunder ~hall be conclusive and binding on all persons,
Without limiting the generality of the foregoing, the Employer shall have the following powers and duties:
(a) To decide on questions concerning the Plan and the eligibility of any Employee to participate in
the Plan, in accordance with the provisions of the Plan;
(b) To determine the amount of benefits that shall be payable to any person in accordance with the
provisions of the Plan; to inform the Plan Administrator, as appropriate, of the amount of such
Benefits; and to provide a full and fair review to any Participant whose claim for benefits has
been denied in whole or in part; and
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(c) To designate other persons to carry out any duty or power which would otherwise be a fiduci-
ary responsibility of the Plan Administrator, under the terms of the Plan.
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To require any person to furnish such reasonable information as it may request for the purpose
of the proper administration of the Plan as a condition to receiving any benefits und~r the Plan;
(d)
~e) To make and enforce such rules and regulations and prescribe the use of such form~ as he
shall deem necessary for the efficient administration of the Plan. '
6.02 Provision for Third-Party Plan Service Providers
The Plan Administrator, subject to approval of the Employer, may employ the services of suchlpersons as
it may deem necessary or desirable in connection with operation of the Plan. The Plan Administrator, the
Employer (and any person to whom it may delegate any duty or power in connection with the administra-
tion of the Plan), and all persons connected therewith may rely upon all tables, valuations, certificates,
reports and opinions furnished by any duly appointed actuary, accountant. !including Emplo~ees who are
actuaries or accountants). consultant, third party administration service provider, legal coun*I, or other
specialist, and they shall be fully protected in respect to any action taken or permitted in good faith in
reliance thereon. All actions so taken or permitted shall be conclusive and binding as to all persons.
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6,03 Several Fiduciary Liability
To the extent permitted by law, neither the Plan Administrator nor any other person shall incur any liability
for any acts or for failure to act except for his own willful misconduct or willful breach of this Plan.
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6.04 Compensation of Plan Administrator
Unless otherwise agreed to by the Employer, the Plan Administrator shall serve without compensation for
services rendered in such capacity, but all reasonable expenses incurred in the performance of his duties
shall be paid by the Employer.
6.05 Bonding
Unless otherwise determined by the Employer, or unless required by any Federal or State law. the Plan
Administrator shall not be required to give any bond or other security in any jurisdiction in connection
with the administration of this Plan.
6.06 Payment of Administrative Expenses
All reasonable expenses incurred in administering the Plan, including but not limited to administrative
fees and expenses owing to any third party administrative service provider, actuary, consultant, account-
ant, attorney, specialist. or other person or organization that may be employed by the Plan Administrator
in connection with the administration thereof. shall be paid by the Employer. provided, however that each
Participant shall bear the monthly cost (if any) charged by a third party administrator for maintenance of
his Benefit Account unless otherwise paid by the Employer,
6,07 llmeliness of Payment for Benefits
Payment for Benefits shall be made as soon as aaministrCltivelY ieasiule after tile requllcu tornls ana
documentation have been received by the Plan Administrator.
6,08 Annual Statements
The Plan Administrator shall furnish each Participant with an annual statement of his medical and dental
expense reimbursement account within ninety (90) days after the close of each Plan Year.
ARTICLE VII
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Claims Procedure
7,Ot Procedure if Benefits are Denied Under the Plan
Any Participant, Spouse, Dependent, or Beneficiary, or his duly authorized representative may file a claim
for a plan benefit to which the claimant believes that he is entitled, Such a claim must be in writing on a
form provided by the Plan Administrator and delivered to the Plan Administrator. in person or !by mail,
postage paid, Within thirty (301 days after receipt of such claim, the Plan Administrator shall s~nd to the
claimant, by mail. postage prepaid, notice of the granting or denying, in whole or in part, of such claim,
unless special circumstances require an extension of time for processing the .claim. In no eve~t may the
extension exceed ninety (90l days from the end of the initial period. If such extension is nece~sary, the
claimant will be given a written notice to this effect prior to the expiration of the initial 3Q-day period. The
Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the
denial of a claim is not furnished in accordance with this Section, the claim shall be deemed denied and
the claimant shall be permitted to exercise his right to review pursuant to Sections 7.03 and P,04,
,
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VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
7.02 Requirement for Written Notice of Claim Denial
The Plan Administrator shall provide, to every claimant who is denied a claim for benefits, written notice
setting forth in a manner calculated to be understood by the claimant:
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(a) The specific reason or reasons for the denial;
(b) Specific reference to pertinent Plan provisions on which the denial is based;
(c) A description of any additional material of information necessary for the claimant to perfect the
claim and an explanation of why such material is necessary, and
Id) An explanation of the Plan's claim review procedure.
7.03 Right to Request Hearing on Benefit Denial
Within sixty 160) days after the receipt by the claimant of written notification of the denial (in whole or in
part) of his claim, the claimant or his duly authorized representative, upon written application to the Plan
Administrator, in person or by certified mail, postage prepaid, may request a review of such denial, may
review pertinent documents, and may submit issues and comments in writing.
7.04 Disposition of Disputed Claims
Upon its receipt of notice of a request for review, the Plan Administrator shall make a prompt decision on
the review. The decision on review shall be written in a manner calculated to be understood by the claim-
ant and shall include specific reasons for the decision and specific references to the pertinent plan provi-
sions on which the decision is based. The decision on '€view shall be made ~ot later than sixty (60) days
after the Plan Administrator's receipt of a request for a review, uniess special circumstancB5 require an
extension of time for processing, in which case a decision shall be rendered not later than one hundred-
twenty (120) days after receipt of a request for review. If an extension is necessary, the claimant shall be
given written notice of the extension prior to the expiration of the initial sixty (601 day period. If notice of
the decision on the review is not furnished in accordance with this Section, the claim shall be deemed
denied and the claimant shall be permitted to exercise his right to legal remedy pursuant to Section 7.05.
7.05 Preservation of Other Remedies
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After exhaustion of the claims procedures provided under this Plan, nothing shall prevent any person from
pursuing any other legal or equitable remedy otherwise available,
ARTICLE VIII
Amendment or Termination of Plan
8,01 Permanency
While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future busi-
ness contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate
the Plan, as provided in Sections 8,02 and 8.03. below.
8.02 Employer's Right to Amend
The Employer reserves the right to amend the Plan at any time and from time-tn-time, and retroactively if
deemed necessary or appropriate to meet the requirements of the Code, or any similar provisions of
subsequent revenue or other laws, or the rules and regulations in effect under any of such laws or to
conform with governmental regulations or other policies, to modify or amend in whole or in part any or all
of the provisions of the Plan,
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8.03 Employer's Right to Terminate
The Employer reserves the right to discontinue or terminate the Plan.at any time without prejudice.
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ARTICLE IX
General Provisions
9.01 No Employment Rights Conferred
Neither this Plan nor any action taken with respect to it shall confer upon any person the right to be con-
tinued in the employment of the Employer.
9.02 Payments Alter Death of Participant
Any benefits otherwise payable to a Participant following the date of death of such Participant shall be
paid as outlined in the Employer's VantageCare Retirement Health Savings Plan Adoption Agreement.
9.03 Nonalienation of Benefits
No benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assign-
ment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan
shall in any manner be liable for or subject to the debts. contracts, liabilities, engagements or torts of any
person. If any person entitled to benefits under the Plan becomes bankrupt or attempts to anticipate,
alienate, sell, transfer, assign, pledge, encumber or charge any benefit under the Plan, or if any attempt is
made to subject any such benefit ~o the (lphts, crmtr;'l.-;ts-, liablliti:;s, engagements or torts of the per:;or.
entitled to any such benefit, except as specifically provided in the Plan, then such benefit shall cease and
terminate in the discretion of the Plan Administrator, and he may hold or apply the same or any part
thereof to the benefit of any dependent or beneficiary of such person, in such manner and proportion as
he may deem proper,
9.04 Mental or Physical Incompetency
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If the Plan Administrator determines that any person entitled to payments under the Plan is incompetent
by reason of physical or mental disability, he may cause all payments thereafter becoming due to such
person to be made to any other person for his benefit, without responsibility to follow the application of
amounts so paid. Payments made pursuant to this Section shall completely discharge the Plan Adminis-
trato r and the Employer,
9.05 Inability to Locate Payee
If the Plan Administrator is unable to make payment to any Participant or other person to whom a pay-
ment is due under the Plan because he cannot ascertain the identity or whereabouts of such Parti<;ipant or
other person after reasonable efforts have been made to identify or locate such person (including ta notice
of the payment so due mailed to the last known address of such Participant or other person as shpwn on
the records of the Employer), such payment and all subsequent payments otherwise due to such Partici-
pant or other person shall be escheated under the laws of the State of the last known address of the
Participant or other persons eligible for benefits, !
9.06 Requirement of Proper Forms
All communications in connection with the Plan made by a Participant shall become effective only when
duly executed on forms provided by and filed with the Plan Administrator.
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VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
9.07 Source of Payments
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The Employer shall be the sole source of benefits under the Plan. No Employee or Beneficiary shall have
any right to, or interest in, any assets of the Employer upon termination of employment or otherwise,
except as provided from time to time under the Plan, and then only to the extent of the benefits payable
under the Plan to such Employee or Beneficiary,
9.08 Tax Effects
Neither the Employer nor the Plan Administrator makes any warranty or other representation as to
whether any payments received by a Participant, his Spouse, Dependents, or Beneficiary(ies) hereunder
will be treated as includible in gross income for federal or state income tax purposes,
9.09 Multiple Functions
Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan.
9.10 Gender and Number
Masculine pronouns include the feminine aswell as the neuter gender, and the singular shall include the
plural, unless indicated otherwise by the context.
9,11 Headings
The Article and Section headings contained herein are for convenience of reference only, and shall not be
construed as defining or limiting the matter contained thereunder.
9,12 Applicable Laws
The provisions of the Plan shall be construed, administered and enforced according to the laws of the
State of KinneRot:a
9,13 Severability
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Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remain-
der thereof shall be given effect to the maximum extent possible.
IN WITNESS WHEREOF, we have executed this Plan Agreement the date and year first written above.
(Employer)
By:
ATTEST
Secretary
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Hutchinson Fire
Department
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Memo
To: Mayor and City Council
From: Brad Emans, Fire Chief
cc: Gary Plotz, City Administrator
Date: 10/1812006
Re: Accept Bids - Award Contract for the Replacement of Engine 9
Engine 9 is a 1982 American LaFrance, 1500 GPM Pumper, Committee Chairperson Lt, Mike Craig
made a presentation before you on September 26, 2006 and received permission to write
specifications and take bids on the replacement of the 24 year old fire truck,
On October 16, 2006 the fire department opened bids for this project; we had three very good fire truck
builders bid on our project.
General Safety Equipment from Wyoming. Minnesota bid: $312,291,00
E-One from Florida bid: $324,995.00
Pierce Manufacturing from Appleton WISCOnsin bid: $334,500,00 (Saber)
Pierce Manufacturing from Appleton Wisconsin submitted a second bid for a different body style of:
$342,145.00 (Enforcer)
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Obviously, we would have liked to see the bids come in at under $300 thousand dollars, but please let
me assure you that the committee did not write specifications for a fancy, bells, and whistles truck. This
is a pretty much bare bones, basic fire truck. The bidders said that the average truck coming off line
these days is $400 thousand dollars.
Lt. Mike Craig will be making a recommendation as to which bid to accept during his presentation if you
as a council choose to proceed with this project
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MEMORANDUM
DATE:
October 18, 2006
TO:
Hutchinson City Council
FROM:
Hutchinson Planning Commission
SUBJECT: SKETCH PLAN REVIEW FOR STEVE KNISLEY FOR A POLE
BARN/STORAGE GARAGE DEVELOPMENT ON GOEBEL PROPERTY
Requested Action:
The City Council is requested to provide informal feedback to Mr. Knisley on his proposed
development. Direction from the Council is requested on whether there is support for his
proposal moving forward under a Planned Development District (POD), as it would not meet
the majority of the 1-1 (Light Industrial Park) district requirements. The preliminary staff
concerns are outlined in the attached S!::lff ~9pOrt to the Pla"n'!'19 Commission.
PropOsal:
Mr. Knisley is requesting review of a sketch plan for a proposed development in the 1-1
(Light Industrial Park) district before he prepares detailed plans and purchases the property.
He is proposing to plat an approximately 5-acre site into 26 separate lots for construction of
pole-type storage garages on each of the lots. He plans to sell the lots to separate owners.
His proposed layout and building plans are attached for your review.
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As the proposal would not meet the standards for lot area, dimensions, or setbacks for the
i-1 district and conditional use permits would be required for the pole bam construction, the
development could only be done under a Planned Development District. The applicant will
be at City Council meeting to present his proposal.
PlanninQ Commission Meetina:
The Planning Commission discussed this item at length at their October 17, 2006, meeting.
There was much discussion on the fact that the proposal does not fit the requirements of either
the 1-1 (Light Industrial) district or any other district in the City. The Commission felt that the
idea was unique and would like to see his project move forward, however they could not
determine how the project could be done within the requirements. There was discussion on if
there were other properties or districts that the proposal could be constructed within
requirements or if a Planned Development District (POD) could be used to overcome the
requirements of the 1-1 district, such as lot area minimum of 1 acre, setbacks, and pole barn
construction, Staff stated that there is no existing district that would allow his proposal, other
than a rezoning to a POD, However, based upon staffs knowledge, the City has not previously
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Knisley Sketch Plan
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allowed a non-residential POD, Staff also stated that a POD should not to be used as a
means to circumvent the requirements of the Zoning Ordinance and should provide a higher
standard of development.
Additional discussion occurred on how the properties would be maintained, considering that
many of the property owners may not be local owners. Mr. Knisley stated that each owner
would be responsible for care of their property as the idea of an association is not popular with
buyers, The Commission discussed maintenance issues such as lawn mowing and snow
plowing that could result. The City could be put in a position of sending violation letters,
mowing the lawns and assessing individual properties if owners did not maintain their property.
The Commission debated whether an association would be effective in this situation orwhether
individual owners would provide more assurance. Staff expressed concern that the City would
end up with enforcing maintenance of the properties.
Staff also commented on the density, storm water run off, amount of lot coverage, and stated
that a stormwater analysis would be required to determine ponding size. An on-site pond
would likely be required to keep the run-off on the site.
The glty Attorney stated that some of the proposed uses mrlY "oi be allowed in the 1-1 zoning
district, such as storage of inaividual property not related to industrial businesses or
warehousing. Other uses such as auto repair could be problematic. Mr. Knisley stated that
he would provide restrictions in the covenants that only certain types of uses would be allowed
and that there would be no outside storage,
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The Commission and staff discussed the concern that the City would end up trying to enforce
the various uses of the property and maintenance concerns. The Commission expressed
support for his ideas but encouraged Mr. Knisley to revise the plans to meet ordinance
requirements, such as building larger buildings with lease spaces or condos on larger lots,
Conclusion:
The Planning Commission brought up many issues for discussion and expressed concerns as
well as encouragement to Mr. Knisley. The Commission would like to see the project move
forward, however wanted additional information regarding how the multiple concerns raised
could be addressed and if the proposal could be revised to meet ordinance requirements. The
Commission suggested sending the sketch plan forward to Council for feedbaCk before
proceeding with his plans.
The City Council is requested to provide informal feedback to Mr. Knisley on his proposed
development. If the Council determines that development under a POD would be ~upported,
Mr. Knisley would need to provide detailed engineering plans and apply for a preliminary plat,
rezoning to a POD, and conditional use permit.
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10(1)
DI RECTORS REPORT - PLANNING DEPARTMENT
To:
Hutchinson Planning Commission
From:
Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Dan Sexton, Jean
Ward, John Rodeberg, P.E., John Webster, Steve Sturges, Steve Lancaster,
John Olson, Lenn)' Rutledge, Kyle Dimler, Kent Exner, Mark Schnobrich,
Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy,
Rebecca Bowers, and Bonnie Baumetz
(Persons in attendance at Planning Staff Meeting (in bold)
Date:
October 6, 2006 for October 17, 2006 Planning Commission Meeting
Steve Knisley
Request for Sketch Plan Review for Storage Garage Development on Goebel
Property
Applicant:
Subject:
Mr. Knisley is requesting review of a sketch plan for a proposed development in the I-I (Light
Industrial district). He is proposin3 to plat an approximately 5-acre site into 26 separate lots for
consti'lictiun 01a pele-lyre storage garages 011 each of the lots. His proposecllajout al1d
building plans are attached for your review. The applicant will be at Planning Commission
meeting to present his proposal.
) D LbJ
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Page Two
October 17,2006 Planning Commission
Steve Knisley Sketch Plan
Planning, Engineering, and Economic Development staff met with Mr. Knisley to review his
proposed plans. After reviewing his plans, staff from these departments expressed initial
concerns over the proposal, including:
1. Lot sizes of 4,550 to 14,360 square feet would not comply with the I acre lot minimum
required in the I-I (Light Industrial District),
2. Proposal could only be accomplished through significant variances or through a PDD
(planned Development District), Planning staff did not feel the proposal met the intent of
the PDD and the PDD would be used to circumvent the requirements of the zoning
ordinance, Conditional use permits are also required for pole-shed type structures.
3. The proposal shows a significant amount of hard surface coverage and would likely not
meet Engineering requirements for adequate drainage or storm water ponding,
4. Appearance of26 individual garages on small lots with limited green space could detract
from adjacent businesses and affect future development.
5. Fifth Avenue is a highly traveled road with high visibility.
AdditJOnatdiscussion on the proposal was also held at the Planning staff fTl""ting "'1 October 4'"
Engineering staff reemphasized that the high amount of coverage would be an issue and that
detailed plans on drainage and stormwater ponding are required to determine the impact on
surrounding properties. Concerns were raised from the Fire Department regarding fire access
and turning radius around the private drive,
Several staff stated that the proposal is an innovative idea that would have a market, however it
would be more appropriate outside of City limits or in a less visible area of town.
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Conclusion:
Staffhas stated concerns regarding the proposed development, however feedback from the
Planning Commission is requested to provide guidance to the applicant.
Cc: Steve Knisely, 65252 - 295~ St., Litchfield MN 55355
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MEMORANDUM
DATE:
October 18, 2006
TO:
Hutchinson City Council
FROM:
Rebecca Bowers, Planning Director
SUBJECT: APPROVAL TO EXECUTE PURCHASE AGREEMENT FOR PURCHASE OF
145 2ND AVENUE S.E.
Background:
The acquisition of adjacent property for City Center parking expansion has been included in
the Capital Improvement Program (CIP) for several years waiting for an acquisition
opportunity. The CIP identifies $280,000 for this project with propert)t..acquisition planned
for 2006.
At a closed session to discuss property acquisition on October 11th, the Council directed
staff to proceed forward with securing a purchase agreement for the property at 145 2nd
Avenue S,E.
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A purchase agreement for $107,500 was signed October 16th by the property owners of 145
2nd Avenue S.E. The City Attorney has reviewed and approved the purchase agreement.
Also included in the purchase agreement is information regarding the seller's entitlement to
relocation and moving expenses,
Attached is a copy of the purchase agreement for consideration by the Council. If
approved. the property owner requests closing on the property by November 15, 2006.
Requested Action:
Motion to authorize the City Administrator and the Mayor to execute the attached purchase
agreement to purchase the property at 145 2nd Avenue S.E. As noted, a closing by
November 15, 2006, is requested by the seller. !
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PURCHASE AGREEMENT
THIS AGREEMENT, made and entered in this _ day of October 2006, by and
betwaen, Jorome Swenson and Karen Swen.on, a married couple C'Seller"), and the City
of Hutchimon, a public body corporate and palitic under the laws .of Minnesota,
("'Purch..er").
In cansideratian of the mutual terms, covenants, conditians, cantingencies and
aveements hereinafter cantained, it is hereby egreed by and between the parties as
fallows:
1. Sale of ~, Seller agreee to sell to Purchaser and Purchaser agrees to
purchase from Seller the real property lacated at145 2" Avenue SE, Hutchinsan,
Minnesota legally dsscri.bed.. followa:
Block 14 E 77' of SJJ2 of Lot 4 & E 77' .of Lot 5, SI/2 City
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Together with all buildings, unprovements and fixtures owned by Seiler, all
easements, rights and appurtenances thereto, IlJ1d all .of Seller's rights, title and
interest in all public ways adjoining the same. The followinli personal property ill
inchlded in the sale (seller to cro__ aut any items not included in the sRle): storm
windows and inserra, storm doors, screens, swnings, window _hades, blinds, curtain
t.:averss-drapery rode, attached fu:hting fixtures with bulbs, plumbing fixtures,
sump pumps, water heaters, heating systeme, built in appliances, Iiarbage disposals,
installed carpeting, work benchea, televising antenna_ and hood.fans.
2. Purcha.. Price and Manner of Pavroent, The total purchase price ("purchase Price"]
to be paid by Purchaser to Seller for the Subject Premiss_ _hall be The purchase
price shall be paid a_ follows:
a) Earnest money: None
b) One Hundred Seven.ThouMnd Five Hundred Dollar_ ($107,500.00) to be
paid in cash on the date of closing,
3, Salvaee Rieht.., The Seller haa retained the right to salvage certain components and
fixtures prior to the date ofvscatian. The cost ofremoval shall be exclusively at tha
Seller'e 00!\t. See attached Exhibit B.
4. la:hJalli, It is specifically agreed that the Real Property is being conveyed to the
Purcha.er by the Seller in "A.-Is-Condition" ("with sll raulU"). Seller agree. to
remove a.U personal property and debri_ m the houBe, ~Brag' and on the property
befare the date .of closing,
~/'l.,~1I Purc:!vut ~~I!mlflt
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5. Contin.enties, The ~eement and closing hereunder shall be made contin~ent
upon each of the following:
(a) Purchaser bein&" satisfied as to good and marketable title to the Subject
Premieee in Seller pursuant to Paragraph 6 herein;
(b) All warrsntiea and representations of Seller h.lunder beine true and
corrsct.... o{the date hereo~ and on the Date of Closing;
(c) Purchaser determining, on or before the Date of Closing, that it is setis6.ed
with tbe matters discloeed by soil \:eating and a physical inspection of the
Subject Premise "'lnducted by Purchaser and its agents, Purchaser and its
agents shall have the r1&"ht to enter into the Subject Pre mi..,,; for the
purpos.s of making eoil tests snd such other physical jnspection
mea.urementa and investigation as Purchaser deems neces&aX)'; provided,
however, tbat Purchaser shall not interfere with the operation of the Subject
Pre mi... and, provided further, that Purchaser shallmdemnify and hold
Seller and the Subject Premises harmless from all liabilities arising from
entry upon or testing of the Subject Premisee, including but not limited to
liebilities arieing from mechanio'e, materialmen'. Or other liene filed apinst
the Subject Premises connection with work performed or material furniehed
DY or Rt the. direction l:lf Purchaser.
(d) Purchaser detsrmining, on or before the Date of Closin&", that it i. s.tis6ed
with the matters disclosed by its review of any reports obtained by Purchaser
from third parties in connection with investigation of the Subject Premises
for the presence of hazardous or toxic waste.
If aU the foregomg contingencies hsve not been satisfied or waived by Purchase.r on or
before the Date of Closing or such other date as i., expree.ly set forth above, then thia
Agreement may be terminated at Purchaser's option, and upon written notice of
termination, any Earneat Money depoeited by Purchasar, together with interest earned
thereon, ehall be returned to Purchaser, and upon auch return nei.ther party shall have
any further righte or ob1j~atione with respect to this Afll"eement or the Subject Premises.
!fnotioe oftermination ofthe Agreement for failure to satisfy any contin~ency aet forth
above ~ not given by Purchaser .on or before the Date of Closing, such contingency .hall
be deemed waived by Purchas.r.
Purchaser .hall have the right to unilaterally waive any contingency and proceed to
cloae, Each party shall cooperate with the other in aatisfyini the conditions hereof,
6, Evidence of Title. Seller shall, within ten (10) days after execution of thia
Agrssment, cause to be delivered to Purchaaer for examination by its attorney an
Abstract of Title certified to date (or a Certificate of Title and Regi.tered Property
Abstract), which shall include proper searches covering bankruptcies and State and
Federal judgments and liens. Within 15 daya thereafte.t the Purcha..r shall give
notice in writini to the Seller of any defects in or objections to the title as so
SullllWllt Purchru. Agrttflltul
Pate 2019
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evidenced and Seller shall thereElfter clear the title ofthe ddect8 and objections SO
speci.Ded at Seller'e expen... Title to be conveyed ae herein provided ahan be
marketable title, free and clear of ell liens, encumbrances, reetrictions optiona to
purchaee, and easements, except as may be expressly waived by Purchaser.
7. Renre~nt3tiDn~ And WarrRnti!! bv Seller. Seller represents and warrants to
Purcha..r that:
(a) The individuale executing thiB Agrrement and the documants rderrad to
herein on behalf of Seller have the lellal power, rillht and actual authority to
bind Seller to the terms and conditions hereof and thereof. Tbi$ Agreement
and ell documente required hereby to bt! executed by Seller are. and shall be,
valid, legelly bindinll obligatione of and enforceable against Seller in
accordance with their terms,
(b) On the Date of Closing, Seller will own ell of the properties and ass eta beini
conveyed hereby, free and clear of allliene, chargee and encumbrances.
(c) Seller h8ll rsceived no notice of any action, litigation, investigation or
proceeding of any kind pending againot Seller, nor to the best of Seller'a
knowledge is any action, litigation, inve.titation. or proceedinll pending or
threatened againet the Subject Premises, or any psrt thereof,
(d) Seller will cause, to the extent applicable, ell politic: of ;neur.er~-" ceve.;"..
the Subject Premises with reepeet to fire and extended coveralle risks,
bueinee. interruption, rent loss and liability to be kept in full force and effect
through and including the Date of Closing,
(e) On the Date of Cloeing, there will be no service contracts in effect in
connection with the Subjoct Premieee, except thoee which are terminable on
thirty (30) daye' written notice.
(i) Seller warrants that it hae not u.ed the Property fo.r the etoraie of hazardoUll
substsnce. or petroleum products and, ee ofthe date of this Agreero.ent, is
not aware of any facte the existence of which would coneutute a violation of
any local, etate or federal environmentallew, regulation or review procedure
or which would give any pereon a valid claim under the Minnesota
Environmental Rights Aet or the Federal Comprehensive Environmental
Response, Compensation and Liability Act. The foregOing is applicable only
to Seller'e 8ctualknowledge offacta, and Seller repreeents that Seller has
made no independent inveetigation of the Property.
(g) Seller has not entered into any other contracts for the sale of the Subject
Premieea, nor 8a of the Date of Closing will there be any firet riihts ofrefuea1
or options to p\l1'Chase the Subject Premiee.,
(h) Seller has not entered into any commitments or agreements with Any
governmental agency or public or private utility affecting the Subject
Premises which have not been disclosed in writing by Seller to Purch8ller.
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(i) Seller warrants that the Subject Promises ia the Seller's peroonal residence
and is only occupied by the Seller.
0) Seller will not COnstX'\lct or enter into any agreement or commitment to
conetruct any improvement or alteration to the Subject Premises.
(k) Seller will not enter into. or conaent to any ea..ment, covenant or other
obligation affecting the Subject Premi8e$ or alteration to the S"bJect
Premisea,
(I) To the beat of SeDer'a knowledge, after due inquiry, Seller is not in default
with respect to any of its obligatioll8 or liabilitiea pertaining to the Subject
Premiaea,
(m) Sellar haa not entered into any brokerege or 8I:ency agreements in relation
to the aala of the Subject Premi5e8 and there ia no brokerace fee or
comm~ajon due and owing to any person or entity in relation to the sale of
the Subject Premises,
Not withstanding any provisions herein to the contrary, if a clooing OCC\ltB hereunder,
Seller shall indemnify Purchaser, its aucceeaora and asaigns, against, and shall hold
Purchaser, its succeaaors and assigns, hannle.. from, any]oBS, c""to, expense or
damage, including rea.onab]e attorneya' feee directly ariaing out of or reeultlrij: from the
breach of any of the representatio", and w~=-=~nties heroir, contained, w!lether such
loss, cost, ellpense or damage ariaes prior to or after cloaing, provided that Purchaser did
not have knowledge of aaid breach on or before the Date of Closing. All wnrrantiea and
representation herein contained shaD survive a c1""ing,
8, ~ The date on which the closIDe ofthe transaction herein described shall
occur (which date ia herein referred to sa the "Date of Closin!:,? shall be on or befora
November 15, 2006. The c1osin~ and delivery of lllI such documents shllll take place
at the office ofPurchaasr or at such reaBOnabl. location as may ba agreed upon by
Purchaaer and Seller. .
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9. Possesaion. The Seller agreea to deliver possession of the Subject Premisea no later
than 7 days after c1oaing,
10, Costo and Prorations Seller and Purchaser agree to the followin~ Prorations and
allocation of coat. in connection with thi. Aereement and the transactlona
contemplated hereby:
(a) Seller shall pay the costs of certification and delivery of tho Abatrac-t of Tit!e
or Certificate of Title and Registered Property Abstract contemplated
hereunder,
(b) Purchaser shall pay all state Or local trsnafer or deed taxes in connection
with the Deed to be delivered hereunder, if any, Purchaser shall pay
recording charges in connection with recording the documents to be delivered
herein.
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(c) Seller shall be reeponaible for payment of the real eatate taxea due and
payable in the year of the eale pronted to the dale of closing, Seller.hall pay
all real eetate taxea due and payabl. for the years prior to date of closing,
together with an special aasee.mentlllevied ~ainet the property. Also,
Seller shall pay any and all green acr... or other deferred taxe. and/or special
asaesamentslevied or pending against the property.,
(d) Each of the parties shall pay an of itll own respective atl.arneye' fEe. in
connection with the ne.iot\ation, preparation and clOWlg of this Agreement
and the tran.action contemplated hereby,
If, and to the extent, any coat or fee shrill be payable by Seller under this Agreement,
Furcha.er ahall have the right to pay' such amount fur the account of Seller and deduct
the amount thereof from the cash due Seller at the Date of Closing. If the amount of
Seller'. obligation cannot be determined on the Data of Closini. Purchaser shall have
the right to e.teblish an escrow account (and off.st from tho cash payment) 160% of the
maximum foreseeable liability,
11. C1osin~ Document. At the Closing, Seller .hall execute and deliver to Purchaser
the following (collectively the "Closing Documents'1:
(a). ~ A Genaral Warranty Deed. in recordable form,
,01" Seiler'e Affidavit. A standard form affidavit by Seller indic.,ting tbat on the
date of Clo.ing there are no outotandkg. unaatisfied judgments, taX liene or
bankruptcies against or involving Seller or the Subject Premises; that there has
been nO skill. labor or mRterinl furnished to the Subject Premises (other thRn at
the request of Purchaser) for which payment hRe not h~n ro~de or for which
mechanics' liens could be filed; and that there are no other unrecorded interests
In the Subject Premises.
(c.) Stora2e Taw, If required an affidavit with "'opeet to etorage tanks
pursuant to Minnesota Statutee Section 116,48. '
(d), WeU Disclosure If there is a well located on the Premises, a well-cb.eclosure
statement in form and sub.tance true to form for recording.
(e), Certification A certification that the representation. and/or warranties made
by the Sellen are the eame as were in existence on the date of the Purchase
Agreement; Rnd
(f), Abstract. A registered Property Abstract or Abstract of Title certified to date,
(g). Other Documents All other documents reasonable determined by oither party
and the title insurance company to be nece..nry to transfer and provide title for
the property,
S~IUO" Purc1IOH Aln:ro....d
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12, A..il!mn~nt. Purcha.er shall have the ~ht to a..ign it. interest un,der thi.
Agreement, without firet obtaining the consent of Seller, provided that Purchaeer
ehall remain liable to Seller under tillS Agreement,
]3,~. All of the term., covenant., conditione, repre~ent~tio".., waITantiee and
agreements contained in tm. Agreement shall survive and continue in force and
effect and Bhall be enforceable after the closing.
]4, ~ Any notice or election required or permitted to be pven or served by any
party hereto upon any other shall be deemed given or served if personally delivered
to an ofticer of the party to be notified or if mailed by US regi8tered or certified mail,
postage prepsid, return receipt requested, or eent by reput.able overnight courier, to
the property addreaa aa followa:
If to Seller:
Jerome & Karen Swenson
1452'" Ave, SE
Hutchinson, MN M360
If to Purchaeer:
City of Hutchinson
III Hessan St, SE
Hutchinson, MN 55350
Except as otherwiee expressly provided herein, each such notice shall be deemed to have
been received by, or served upon, the party to whom addres.ed on the date which Is
three (3) daya after the date upon which the same is deposited in the US re!pstered. or
certified mail, postage prep sid, return reoeipt requested, properly eddressed in the
manner above provided, and if served personally or eent by reputable overnight courier,
on the date of Bervice or delivery. Any party hereto may change its address for the
..rvice of notice hereunder, in the manner above specified, ten (10) days prior to the
effective date of euch change,
15, Effective Dnte of A.".eement. This Apeement shall become effective and .hall be
binding upon the partie. hereto only after it has been executed by each of the parties
hereto. Buyer will have no more than fifteen (15) days after date of SeUer's
ncceptonce of this agreement to accept and sign this purchase lli1"eement,
16, Caotion.. The paragraph headings or captions appearing in this Agreement are or
conv.nience only, are not a port of thi. Agreement, and are not to be considered in
interpreting thia Agreement,
17, Entire Aneement' Modification This written Agreement constitute. the entire and
complete agreement between the parties hereto and 8uper!'3(:de!! any prior oral or
written agreemenU between the parties hereto with reapect to the Subject Premieee,
It ie expreasly agreed that there are no verbal underElt8ndinge or agreement which
in ~ny way change the term~. covenr.nta or conditione herein 8et forth, and that no
modification of thie Agreement end no waiver of nny of it.. terms and conditions
.hall be effective Unless in writing and duly executed by the parties hereto,
SUlt'IISOO Purthcue Atrtemeou
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18, Bindine Effect. All covenants, agreementll, warranties nnd provisiolUl of this
Agreement .hBll be bindina upon and inure to the benefit of the partie" hereto and
their respective eucce..ors and a.!ligne. When used herein, the .ingular .hBll
include the plural, the plural shaD include the 5ingular, and the uee of one gender
ehall include all other genders, aa and when the context so requires.
19. Controlline Law. Thi. Agreement has been made and enrered into under the laws of
the State of Minneaata and said laws .hall control the interpretation enforcement
hereof.
20. Rsmedios If either party shall default in ie. obligations hereundar, the 80le
remedies available to either party, except with respect to defaults under Paraeraph
5 herein for which damages shall be recoverable as provided therein, shall be (1) to
terminate this Agreement by written notice to the other party, in whi~ event
neither party .holl have any further right. or obligations hereunder or (Ii) to .""k
performance of thi. Aereement.
21. Counteroarts TIll. Aereement may be signed in one or more counterparts, all of
which taken together shBll b. deemed on. original
22, Severa hili tv If any provision in thia Aereement, or any application thereof, shall be
invalid or \mentoroeable, the remainder ofthi. Agr..,ment and any other application
of such provision shall not be affected t,h"eby and shaJ1 not be rendered invalid or
unenforceable.
23. AcceDtance Seller understand. and agree. that thi. Purchase Aereement is subject
to acceptance by Purchaser in writing,
24.
Residenti"] Relocation. The Seller ia e displaced person under Minnesot.a Statutes
117.52 and B' such is eligible to receive re.idential rdocation benetits aa provided i".
the Minntsota Uniform Relocation Act.
The Purchaser hae identified the property at 725 4th Ave, SW, Hutchinson,
Minnesota currently listed for $115,000,00... a comparable replacement dwelling
for the purpooes of calculating the SeIJers replacement housing payment. Therefore,
the Seller will receive a $7,500.00 differential housing payment, If the Seller
pmchaaes a replacement dwelling for $115,000,00 or more.
The Seller acknowledges that tw ie e voluntary aaJeB transaction and that the
Purchaser haa not threatened the u.e of eminent dam am to acquire the subjent
property in the event that a negotiated settlement had not been reached,
The Seller is entitled to receive incidental closing costs incurred in the purchase of e
replacement dwelling and peroonal property ..If-moving costs of U6OO.00 aa
defined in the Minneeote Uniform Relocation Act, Theee costa will be paid by the
Purchaser upon submission by the Seller of documentation of eligible costs having
been incurred,
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Exhibit B
Addendum to Purchas. AlP"eement
Seller to remove the followini iteme at Seller'. own expense prior to Sellers vacating the
eubjeet property.
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SELLER(S)
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APPROVED:
City of Hutchinson
State of Minnesota
By:
SWl!)lt(>>l PwTliDRf A,fTnHWU.t
~so(,
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\ DCe)
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TO: Mayor & City Council
FROM: Jolm Rodeberg, Director of Public Works
Kent Exner, City Engineer
Jolm Olson, Public Works Superintendent
RE: Consideration of Award of Contract for HATS Temperate Storage Facility (Letting
No, 14/Project No. 06-16)
DATE: October 24, 2006
TIrree bids for the above referenced Letting were received by the City and opened on Tuesday, October 17'"
(see attached Bid Tabulation), Structural Buildings Inc, (Metawood Corporation), of Becker, Minnesota,
submitted the apparent low bid in the amount of$188,929,OO, 1ms bid is ahoost 5% lower than the Engineer's
Estimate of $198,000.00 for this project. The bid by Structural Buildings Inc. appears to be complete and
responsible, The Resolution Accepting Bid & Awarding Contract is attached;
City staff will briefly discuss the overall project budget and schedule during the Council meeting.
We recommend approving the Resolution Accepting Bid & Awarding Contract.
e
cc: Gary Plotz - City Administralor
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IDCeD
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CITY OF HUTCHINSON
HUTCHINSON CITY CENTER, 111 HASSAN ST SE, HUTCHINSON MN 55350 (320-2~2091
PLAN HOLDERS LIST & BID TABULATION
LETTING NO. 14/PROJECT NO. 06-16
HATS COLD STORAGE BLDG
BID OPENING DATE: Tuesday, October 17th, 2006 at 2:00 pm in the. Council
Chambers at Hutchinson City Center, 111 Hassan St SE, Hutchinson MN
ENGINEERS ESTIMATE: $198,000.00 COMPLETION DATE: December 1, 2008
~ ~ II
! ~ ;: "
NAME AND ADDRESS P..- ~ ~
I ,~ ~
Amerlbultt Buiklings PHONE 800-15847-1l188 L
904 W Di'vt8ioo 5t FM 320-259-0220
,
Weite Park MN 66387 CELL 32Q..260-36204
e-mail: pMeCameribufltbulldWlga.com OTHER
Brennan ConstnJ:::tion PHONE 507-d25-5oI17 L
Old Town Center, 515 North Rl\cerfront O!', Stl!I100 FM 507-62~5
,
Mankato"'" 56001 CElL
e-f'I'l8tI:bret1nanl~ickorytech.net OTHER:
Crow River Buildeltl PHONE 32().234-77211 I L.:...
1135 t+.lry 7 WMt FAX: 320-234.7137
,
HutchlAlKll"l MN 55350 CElL ~~
e-mail: crowrtverbu1ldersG.!ooo.com OTHER: 1 $194,100.00
Eboot,Inc. PHONE 7e~98.7844 ~ ~
?J15QCc ~~ 10 PO Bo;ot 97 FIoJ< 763-41iJ6.8951 :
. Ii
Corcorar\I'Loretto MN 55357 CE"-'
e-mal: sOOrsch~conslcom OTHER: !'i 1 $218,800.00
KWAM Construction PHONE 320-2J.4-7533 L
12996 UlmAve FIoJ< 32(}..234-83304
,
Hutchinson MN 55350 CE"-'
&-mall: martyu~lkJtleLnet OTHER
Lester Buildings, ue, Attn: Ron Foust PHO,", 32Q..395-2531 L
11112ndAveSoull1 FM 320.395-mg
Lester Prairie MN 55354 ELL
e Lester Buildings. ue, Ann: Ron Foust PHONE 32Q..395-gaag ~
PO Box"1?, 222 3rdAve S FIoJ< 32Q..395-8385
leatl!lr Prairie twlN 65354 caL l!I12.201.2351 Ii
e-m8il: r1ous~leeIerbulldlng:s.com OTI--ER '0<>-ll26-+43l1 >f. 1 $2OIil,1gQ.OO
~
StructlnI Buildings IncIMet8wood Corpcotioo PHOIE 763-261~150 ~ l..!...
12{l201J 1ltSt FIoJ< 763-261-<<lo1J
,
Becker "'" 55308 cm Ii
e-maI: boaz<mstructurallL*:lings.com OTtER: >f. 1 $188,929.00
~
_8_ PHONE 320-328-&2"'15 ~
13935 Hwy212 FAX: 320-328-5246 . 8
, :i!r"
GIencoe MN 6533e CELl: 3_20-0000 ~ ~
e-maIt: None OTHE" $1901J,518.00
Ram Buildings Inc PHONE 32CJ..486-2B<< ~ ~
P 0 Bwc eeo FIoJ< 320-486-3625
, ill
WIf'\&ted MN 55395 CEll.:
e-mail: dale@~ulldings.com OTH"" >f. 1 $200,809.00
~
PHONE L
FIoJ<
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CE"-'
e-mail OTHER
PHO,", L
" FIoJ<
CElL
a-mlil: IOTHER
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\0(:9
RESOLUTION NO. 13064
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RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
LETTING NO.14
PROJECT NO. 06-16
Whereas, pursuant to an advertisement for bids for the fumishing of all labor and material for
the following improvement:
HATS Cold Storage Facility by construction of a pre-engineered wood frame storage building,
with substantial Completion of the project on or before December 1, 2006,
Bids were received, opened and tabulated according to law, and the following bids were received
complying with the advertisement:
Bidder
Structural Buildings Inc of Becker MN
Crow River Builders of Hutchinson MN
Morris Builders of Glencoe MN
Ram Buildings Inc of Winsled MN
Lester Buildings LLC of Lesler Prairie MN
Ebert Inc of Corcoran/Lorallo MN
Total Bid
$188,929.00
$194,100.00
$194.518.00
$200,809.00
$209,190.00
$218,800,00
and whereas, it appears that Structural Buildings Inc (Metawood Corp) of Becker MN is the lowest
responsible bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
e
1. The mayor and city administrator are hereby authorized and directed to enter into a contract
with Structural Buildings Inc (Metawood Corp) of Becker MN in the amount of $166,929.00 in the name
of the City of Hutchinson, for the improvement contained herein, according to the plans and
specifications therefor approved by the City Council and on file in the office of the Director of
Engineering, Said approval is contingent upon the City receiving State and Federal Funding.
2, The Director of Engineering is hereby authorized and directed to retum forthwith to all
bidders the deposits made with their bids, except that the deposits of the successful bidder and the
next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful
bidder shall be retained until satisfactory completion of the contract. i
Adopted by the Hutchinson City Council this 24th day of October 2006.
Mayor
City Administrator
e
\ {) [cD
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TO: Mayor & City Conncil
FROM: John Rodeberg, Director of Public Works
Kent Exner, City Engineer
Randy DeVries, Water/Wastewater Director
RE: Consideration of Award of Contract for WWTF Administration Building
Expansion (Letting No. I2IProject No. 06-14)
DATE: October 24, 2006
Six bids for the above referenced Letting were received by the City and opened on Tuesday, October 17th (see
attached Bid Tabulation). Ebert Inc., ofCorcoranlLoretto, Minnesota, submitted the apparent low base bid in
the amOlmt of $1,095,000.00. Three alternative bids were also received from each bidder. Attached is a
reconunendation letter from Wold Architects and Engineers stating that the project be awarded in the amount
of$I,106,200.00 (includes Alternate Bid No. 1&2). Also attached is a cost sununary showing that the bid
results nearly match the original project cost estimate. The bid by Ebert Inc. appears to be complete and
responsible. The Resolution Accepting Bid & Awarding Contract is attached.
e
Please note that Wold performed an analysis of the cost of construction a freestanding wood frame garnge
structure at the WWTF in lieu of building what was bid per the project documents (see attached).
City staff will briefly discuss the overall project budget and schedule during the Council meeting.
We recommend approving the Resolution AcceptIng Bid & Awarding Contract.
cc: Gary Plotz - City Administrator
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\DCe)
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e
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---
\,;11 y OF HUT IN
HUTCHINSON CITY CENTER, 111 HASSAN ST SE, HUTCHINSON MN 55350 (320-234-4209)
PLAN HOLDERS LIST & BID TABULATION
LETTING NO. 121PROJECT NO. 06-14
WOLD ARCHITECTS & ENGINEERS - PROJ#062030
WNTF ADMINISTRATION BUILDING EXPANSION
BID~. i DATE: Tuesday, octObtiltUth.2lK1~at2:00pmlntheC;ounciL,
Chambers at Hutchinson CN" Center..,111 HassanStSE Hutchinson MN .....',
.. w
! 2 0 AL TERNAn 1 ALTERNATE 2 Al~TE3
z: ~ !POXY 8AI! BID.....US
NAME AND ADDRESS PHON& ~ ....... !Ill 'OUllNG """""" AI. TERNAn; AI. T!ftNA T!S
i: PART1T1ON lICIWlU...
~ ~ FUlORING
Brennan Construction of MN PHONE 507-625-5417 ~ ~ ~ ~ ~
Attn: laurie DeGeztIlt FA>< 507-625-480S ~
~ se,ooo.OO $000 -$2,500.00
, 515 N RiYerfront Dr, Ste 100 CELL: $1 iS2,OOO.OO 11,187,500.00
MaoQto MN S6001 OTHER: ~
&-mail OTHER i!; $1.100,000.00 $1,162,000.00 $1,17e,Ma.DO
Dammann ConstruclIon PHONE 320-203-1~11 L L ~ ~ L:..
Ann: Carol FAX. 32G-395-2034
~ 18,630.00 $7150,00 $0.00
a 180(2 Dairy Ave CEll, $1,12'1,500.00 $1,128,880.00
Glencoo... 55336 OTHER: ~
..-, OTHER " 1.2 $1,128,130.00 $1,122,250.00 $1,121,SOO.OO
..
EboI1.Inc PHONE 76J..4~7~ L L ~ L L
C.o ""-IlIA Stachowski FAX. 783-498-9951
~ $8,200.00 $3,000.00 -$27,000.00
, 23350 Co Rd 10 CELL $1,09:>,000,00 $1,079,200.00
Cort:orwlIl.orwtto MN 55357 OTHER: "
.,
e-mail: OTHER ~ 1.2 $1,103,200.00 $1,098,000.00 $1,068,000.00
Gopher Sto1e Contradors PHONE 320-393-4248 L.:... L.:... ~ L.:... L
Attn: Jason Revior FA>< 32().3~135
~ $1,128,029.00 '5,497.00 $7,496.00 -124,800.00 $1,11e,221.oo
42301ItA.....NE CELL
Rice MN 56367 OTHER ~
&-mall: OTHER: " 1-2 $1,133,526.00 $1,135,524.00 '1,103,229.00
~
Grider ConsIrucIion - 783-748-9070 ~ ~ L:. L:. ~
_,EStImatOO' FA>< 763-559-3736
~ $7,000.00 $6,000.00 0$5,000.00
53m27tl'1SE CElL' $1,295,600.00 $1,302,600.00
BuffaIoMN M313 OTHEIt ill
e-mIllI: OTHER: i!; 2 $1,302,600.00 $1,300,800.00 $1,290,eoo.00
KHC ConaIruc:bon Inc PHONE 507-532..e7M L~ L L -~ L
Attn: Kim Christensen '- - - - FAX'
- - - - 507-532-6769 ~ $10,000.00 $9,000.00 -$30,000.00
. 7030ntarloRdN c'EU:- - $1.240,000.00 $1,229,000.00
Ma.-shaIlMNMUS 0""'" ~ .
e-mllt ~.nst TIEl< " 1-2 ".nu,wv.w >l ,",",WO.OO $1,210,000.00
~
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Sl. Paul, MN
Elgin,IL
Tw)', MJ
Denver, CO
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October 18.2006
Council Members
City of Hutchinson
III Hassan Street
Hutchinson. Minnesota 55350
MINNESOTA OFFICE
305 St. Peter Street
ST. Paul, Minnesota 55102
651.227.7773
Fax 651.223,5646
www.woldae.com
Mail@woldae.com
Re: \\tWT Administration Building Expansion
Commission No, 062030
Dear Council Members:
On October 17,2006, bids were received for the expansion of the Administration
Building located at the Waste Water Treatment Faci]ity. Three alternate bids were
received for adding a folding panition, epoxy flooring and an alternate construction
schedule, A total of 6 bids were received (see enclosed Bid Tabulation), Award of
the alternates does not effecl the low bidder. The low bid is within your project
budget. The following is our reconunendation:
Base Bid - Additions and Remodeling $ 1,095,000
The base bid includes the expansion of the administration area, training room
and mechanics spaces as well as interior renovation of administration and the
lab space.
Recommendation: Accept this Base Bid
Alternate !'in. 1 - Fo]ding Partition Add $ 8,200
Thi~ alternate adds a folding partition to the training room 10 allow fO!
flexibility and multiple uses.
Recommendation: Accept this Alternate
Alternate No.2 - Epoxy Flooring Add $ 3,000
This alternate provides a more durable epoxy flooring similar to what is
installed at the HATS facility. This flooring will be more durable and long
lasting than the sheet vinyl flooring in the base bid,
Recommendation: Accept this Alternate
Alternate No.3 - All. Construction Schedule Deduct $ 27,000
This alternate provides a construction schedule that starts in the Spring of 2007.
Staff are not recommending award of this alternate. The reasons for oot
recommending award of this alternate relate to the fact that the deduct received
is approximately 1/2 of what was expected as well as potential conflicts with
other city projects such as the SCADA project and other improvements,
Recommendation: Reject this Alternate
We recommend you approve the Base Bid and Alternate No, I and Alternate No, 2
and award a contract to Ebert Construction of Loretto in the amount of $].106.200.
Sincerely
WOLD ARCHITECTS AND ENGINEERS
John McNamara. AlA
Associate
Enclosure
\\ 0 I. D A K C II IT.' C T S A ~ D E ~ (; I ~ I: I, R S
cc: John Rodeberg, Director of Public Works
Michael Cox
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\DCe)
City of Hutchinson Wold Architects and Engineers
VfflT Administration Building Expansion October 18, 2006
Cost Summary
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Construction Costs 17,200 SF BuildinQl
Contract Bid
Documents Results
(9/13/06) (10/17/06)
Site Development $ 125,000 Incl.
Building Construction $ 505,000 Incl.
Mechanical $ 255,000 Incl.
Electrical $ 140,000 Incl,
Subtotal $ 1,025,000 $ 1,095,000
All. No, 1 (Folding Partition) $ 8,200
M, NO.2 (Epoxy Flooring) $ 3,000
Total Construction Cost $ 1,106,200
Proiect Costs /7.200 SF BuildinQl
Architectural Fees $ 75,000 $ 75,000
Architectural Reimb $ 4,000 $ 4,000
Bid Set Printing $ 7,000 $ 7,000
Geotechnical $ 3,000 $ 3,000
Survey $ 7,000 $ 7,000
Special Testing $ 8,000 $ 8,000
e Furniture, Fixtures and Equipment $ 35,000 $ 35,000
Lab Equipment $ 5,000 Incl,
Construction Contingency $ 91,000 $ 64,800
Subtotal Project Costs $ 235,000 $ 203,'800
Total Project Cost $ 1,260,000 $ 1,310,000 .
Additional Proiects I
I
1. Increase boiler capacity for out building. $ 50,000 ,
Incl.
. Note: Project budget was increased by $50,000 for new boiler work that was tP be
included in another city project, This work is included in the above bid,
Proiect Alternates
1. Folding Partition for Training Room by Alternate $
2. Poured epoxy flooring in main traffic areas, $
3. Alternate construction schedule, $
20,000
15,000
(50,000)
I~cl.
Incl
$ (27,000)
Commission No, 062030
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IDLe)
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Illlgl01
M E M 0 RAN DUM
WOLD ARCHITECTS
AND ENGINHRS
TO: John Rodeberg, Director of Public Works
305 Sr. PETER STREET
ST_PAUL.MN 55102
651.227,7773
FAX 651.223.5646
DATE: October 18, 2006
24 SOtrrH GROVE AVENL'E
St;ITE 500
ELGIN,IL 60 120
847,608,2600
FAX &47.608.2654
FROM: John McNamara
COMM, NO: 062030
'NWW.WOLDAE.COM
SUBJECT: WWT Administration Building Expansion
Per your request, we have evaluated the cost of constructing a freestanding wood frame
garage structure at the Wasle Water Treatment Facility in lieu of building what is
currently bid for the project.
Cold Storage Building (27' x 42')
1,135 square feet x $25,00 Isf
Site preparation and soil correction
MechanicaV Electricol
Subtotai
Estimating Contingency (10%)
Total Construction Cost
$ 29,000
$ 20,000
$ 11000
~ 60,000
S 6000
$ 66,000
Typically we would budget $90 Isquare foot for masonry tempered storage (including site
preparation, mechanical and electrical)
1,135 square feet x $90 Isf
$ 102,000
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It is difficult to detennine at this time what the true value the garage is as part of the
overall construction project. Typically a stand-alone building of this size would have
higher overhead, mobilization, supervision and profit There are significant savings in
the contractors general conditions in having it included in the bid for the office expansion
project.
Having the garage as a separate structure was discussed during the study phase of the
project. It was detennined that workOow efficiency is improved by having it attached to
the office space for the mechanics and administration in lieu of it being a stand-alone
structure elsewhere on the site.
Please Jet me know if you need any additional information.
cc: Michael Cox
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, DLe)
RESOLUTION NO. 13065
e
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
LETTING NO.12
PROJECT NO. 06-14
Whereas, pursuant to an advertisement for bids for the fumlshing of all labor and material for the
following improvement
WWTF- Administration Building Expansion by construction of additions, interior remodeling,
new mechanical and upgraded electrical.
Bids were received, opened and tabuleted according to law, and the following bids were received complying with
the advertisement:
Bidder
Ebert Inc of CorcoranILoretto MN
Dammann Construction of Glencoe MN
Gopher State Contractors of Rice MN
Brennan Construction of Manketo MN
KHC Construction Inc of Marshall MN
Gridor Construction of Buffalo MN
Base Bid
$1,095,000,00
$1,121,500,00
$1,128,029,00
$1,182,000,00
$1,240,000.00
$1,295,600.00
Alternate 1
$ 8,200,00
$ 6,630,00
$ 5,497.00
$ 8,000.00
$10,000.00
$ 7,000,00
Alternate 2
$3,000.00
$ 750,00
$7,495,00
$ 0,00
$9,000,00
$5,000.00
Alternate 3
-$27,000,00
-$ 0,00
-$24,800.00
-$ 2,500,00
-$30,000.00
-$ 5,000.00
and whereas, ~ appears that Ebert Inc of CorcoranILoretto MN is the lowest responsible bidder,
NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1, The mayor and city administrator are hereby authorized and directed to enter into a contrect with Ebert
Inc of Corcoran/Loretto MN In the amount of $1,106,200.00 (Base Bid $1,095,000,00 + Alternate 1 $8,200.00 +
A1temate 2 $3,000,(0) in the name of the City of Hutchinson, for the improvement conteined herein, according to
the pians and specifications therefor approved by the City Council and on file in the office of the Director of
Engineering, Said approval Is contingent upon the City receiving State and Federal Funding.
e
2. The Director of Engineering Is hereby authorized and directed to return forthwith to ail bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall
be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until
satisfactory completion of the contract.
Adopted by the Hutchinson City Council this 24th day of October 2006,
Mayor
City Administrator
e
\ DCe.-)
e
TO: Mayor & City Council
FROM: John Rodeberg, Director of Public Works
Kent Exner, City Engineer
Randy DeVries, WaterfWastewater Director
RE: Consideration of Award of Contract for Reverse Osmosis Membrane Elements
(Letting No. 15/Project No. 06-17)
DATE: October 24,2006
One bid for the above referenced Letting was received by the City and opened on Tuesday, October 17'" (see
attached Bid Tabulation). HMI Water/Layne Christensen Company ofPewaukee, Wisconsin, submitted the
lone bid in the amount of$373,404.00,OO. Per discussion with the City Attorney, the bid was deemed to he
incomplete due to not submitting a bid surety (bond or cashier's check). Due to this major irregularity, this bid
must be rejected.
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City staffhas discussed the reverse osmosis membrane element delivery timeframe with potential bidders, and
we are confident that the project can be re-bid and still meet the new Water Treatment Plant installation
schedule. Attached are the Resolutions Approving Plans and Specifications (slightly revised) and Advertising
for Bids.
We recommend rejecting all bids and approving the attached Resolutions.
cc: Gary plotz - City Administrator
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\D(f)
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CITY OF HUTCHINSON
HUTCHINSON CITY CENTER, 111 HASSAN ST SE, HUTCHINSON MN 55350 (320-234-4209)
PLAN HOLDERS LIST & BID TABULATION
LETTING NO. 15/PROJECT NO. 06-17
REVERSE OSMOSIS MEMBRANE ELEMENTS
BID OPENING DATE: Tuesday, October 17th, 2006 at 2:0~pmln the Council
Chambers at Hutchinson City Center, 111 Hassan St SE, Hutchinson MN /
COMPLETION DATE: 01/1012007
. ~ 0
i i .. "
HAIlE AHD ADDRESS PHON. ~ ~ ~
il I
GoIderle'fe SoIIlIloI'l8 Inc PHONE 320-832-8282
50213thAveNW I>J(c 320-832-6633
, ~Ll
lJttje Falls MN 58345
tHT.t:Wuie~r'MIl cmtI!R
HMl WaMrfLayne Chrieteosen ComPBrPf PHONE 2622464&46
W229 N5005 Duplaif1tt'Rle Road FI>J(c 2622468442
Pewa~ee IN! 53072 CEll
_.IYrNatIlf.lXlrTl or_.~ccm OTHER
2 HMI WaErI'La)'ne Ctvistensen Company PHONE 616-94D-9030
Jerry Dykstra, Sates Manager FI>J(c 616-940.9080
1940 Observatory Ave SE CEll e 16-217 -8220
Grl!Ind Rapids MI 4g646 OTHER w
Z
I- ~~IQ(.comor~801~,com OTHER 0 $313,404.00
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PHON!'
FI>J(c
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CEll
lHTISlI: OTHER
PHOIlE
FI>J(c
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CELL:
e-mail: OTHER
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CEll
e-mail: mHER
PHONE
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e-mail: laTHER"
PHONE
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Cf:LL:
e-mail: OTHER
PHONE !
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0HnaIt OTHER: :
,,"ONE
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RESOLUTION NO. 13066
RESOLUTION REJECTING BIDS AND REJECTING IMPROVEMENT
LETTING NO.15
PROJECT NO. 06-17
Whereas, pursuant to en advertisement for bids for the furnishing of all labor and material for the
following improvement:
Coostructioo of Reverse Osmosis Membrane Elements by manufacturing of specified
membrane elements, timely delivery to Hutchinson Water Treatment Facility and providi1g
appropriate training;
and bids were received, opened and tabulated according to law, and the following bids were received
complying with the edvertisement:
Bidder
Layne Christensen Company/HMI Weter of Pawaukee WI
Amount Bid
$373,404.00
AND WHEREAS, said bid is deemed to be incomplete due to not submitting a bid surety bond or
cashier's check,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1, The bid of Layne Christensen Company/HMI Water of Pewdukoe WI in lhe emOUllt ur $373,404,i}(r
is hereby rejected and said project shall be re-bid,
Adopted by the Hutchinson City Council this 24th clay of October 2003,
Mayor
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City Administrator
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lb(-f)
RESOLUTION NO. 13067
e
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
LETIING NO. 15
PROJECT NO. 06-17
WHEREAS, the Director of Engineering has prepared plans and specifications for the
following described improvement:
Construction of Reverse Osmosis Membrane Elements by manufacturing of
specified membrane elements, timely delivery to Hutchinson Water Treatment
Facility and providing appropriate training,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part
hereof, are hereby approved.
2, The Director of Engineering shall prepare and cause to be inserted in the official
newspaper, an advertisement for bids upon the making of such improvements under such approved
plans and specifications. J.he advertisement sl1all be nublished for three weeks, shall spoofy the
work to be done, shall state that bids will be received by the City Administrator until 2:00 pm on
Tuesday, November 7th, 2006, at which time they will be publicly opened in the Council Chambers
,of the Hutchinson City Center by the City Administrator and/or Director of Engineering, will then be
tabulated, and will be considered by the Council at 6:00 pm on Tuesday, November 14th, 2006 in
the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose
responsibility is questioned during consideration of the bid will be given an opportunity to address
the Council on the issue of responsibility. No bids will be considered unless sealed and filed with
the Director of Engineering and accompanied by cash deposit, cashier's check, bid bond or certified
check payable to the City of Hutchinson for 5 percent of the amount of such bid.
e
Adopted by the Hutchinson City Council this 24th day of October 2006,
Mayor: Steven W Cook
City Administrator: Gary D Plotz
e
lD( f )
PUBLICATION NO. 7517
ADVERTISEMENT FOR BIDS
LETTING NO, 15/PROJECT NO. 06-17
e
TO WHOM IT MAY CONCERN:
Hutchinson, Minnesota
Dated: 10/24/2006
The City of Hutchinson will receive sealed bids at the Office of Englneerng!Public Works, Hutchnson City
Center, 111 Hassan Street SE, Hutchinson, MN, 55350, until 2:00 p.m, local lime on Tuesday, November 7th,
2006 for the following described Improvement
Reverse Osmosis Membrane Elements by manufacturing of specffied membrane elements,
timely delivery to Hutchinson Water Treatment Facilty and providing appropriate training;
all in accordance with the Bid Documents on file in the City of Hutchinson Public Worl<s1Englneerlng Dept.
Bids shall be directed to the City Engineer, securely sealed and endorsed upon the outside wrapper "LETTING
NO. 15/PROJECT NO, 06-17',
Immediately following expiration of the time for receiving bids, the City Administrator and City Engineer wil
publicly open bids, in the CouncH Chambers of the Hutchinson City Center. The Counci, will consider said
bids at 5:30 pm on Tuesday, November 14th, 2006 In the Council Chambers of the Hutchinson City Center.
All bids shall be made on the Proposal Forms supplied in the Bidding Documents and shall be accompanied
by a cashier's checl<, bid bond or certified check, payable to the order of the City of Hutchinson, Minnesota, for
not less than five percent (5%) of the amount bid, All checks or bid bonds will be hekl for sixty (50) days or
until a contract is signed, Subsequent to that lime, all non-forfeited checks or bid bonds will be returned to the
bidders, No oral, telegraph~oU,~~Rt'.onlc proposal~ or mooiflcB\io"g v.;i1 be considered, The successful
~bldder will be requlroo ,o-fumlsh sallsf"ctOlY Labor anu Material Payment Bond, and Performance Bond.
Bids may not be withdrawn within thirty (30) days after the scheduled time of openilg bids, wiIhooI the consent
of the Owner. The O,vner reserves the right to accept any bid or to reject any or all bids, or parts of such bids,
. and waive informelities or irregularities in bidding.
Copies of the Bidding Documents are available to prospectlve bidders and subcontractors from:
City of Hutchinson, ATTN: Bidding Documents,
Public Works/Englneertng Department, 111 Hassan St SE, Hutchinson MN 553SO
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and will be furnished on request and D8vment of $5325 ner get lNON-REFUNDABLEL The successfut
bidder will be fumished free of charge, additional adequate number of specfficatlons,
The following Information must accompany the request and payment for Bid Documents:
Company name
Mailing address
Street address
Phone
Fax
Contact e-mail address
Gary D, Plotz, City Administrator
PUBUSHED AS FOLLOWS:
HUTCHINSON LEADER ON THURSDAY, OCTOBER 26TH, 2006
CONSTRUCTION BULLETIN ON FRIDAY, OCTOBER 27TH, 2006
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R55APPYRV CITY OF HUTCHINSON
Bv Check Number AP Payment Register wrth Voids
Check Dates 10/1212006 -
Ck Date Type Check # Vendor Name Amount
10/12/2006 PK 138956 * 101919 *'*VOID VOID VOID VOID VOID-
10/12/2006 PK 138957 101919 AMERICAN FAMILY INS CO. 166.55
10/12/2006 PK 138958 101872 H,R.L.A.P,R. 313,25
10/12/2006 PK 138959 102038 HUTCHINSON, CITY OF 191,458.53
10/12/2006 PK 138960 102633 HUTCHINSON, CITY OF 84,884.08
10/12/2006 PK 138961 102635 HUTCHINSON, CITY OF 7,704.80
10/1212006 PK 138962 101873 ICMA RETIREMENT TRUST 4,001.53
10/1212006 PK 138963 101876 ING LIFE & ANN CO, 1,290.00
10/1212006 PK 138964 119345 MINNESOTA CHAMBER BUSINESS SER 1,265.04
10/1212006 PK 138965 102449 MINNESOTA CHILD SUPPORT PAYMEN 471.15
10/1212006 PK 138966 101914 NCPERS LIFE INS. 524,00
10/1212006 PK 138967 101875 ORCHARD TRUST COMPANY, LLC . 300,00
10/1212006 PK 138968 102096 PRUDENTIAL MUTUAL FUNDS 30,00
10/1212006 PK 138969 105266 RESERVE ACCOUNT 2,034,00
10/1212006 PK 138970 119701 UNUM LIFE INS COMPANY OF AMERI 3,128,84
10/1212006 PK 138971 105258 WILKENS INDUSTRIES 14,000.00
311,571.77
Account Num #
311,571,77
Void Amou Payment T:
Check PaYI
Check paYI
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Check paYI
Check PaYI
Check Pay'
Check Pay'
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Check Pay!
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311571.8
311571.8
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PAYROLL DATE:
Period Ending Date:
October 13, 2006
October 7, 2006
FOR COUNCIL LIST ONLY. ELECTRONIC TRANSFER
TO STATE AND IRS
DO NOT ISSUE CHECKS FOR THIS PAGE
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AMOUNT
ACCT#
NAME
DESCRIPTION
$24,005,52
9995.2034
WITH, TAX Employee Contribution - Federal Tax
ACCOUNT
Employee Contribution - Soc, Security
$13,01014
9995,224
$3,684,82
9995,2242
Employee Contribution - Medicare
$40,700.48 Sub-Total- Employee Contribution
$13,010,14 9995,224 Employer Contribution - Social Security
$3,684,82 9995.2242 Employer Contribution - Medicare Per Journal Entries Difference
Fica $ 26,020,28
$16,694,96 Sub-Total- Employer Contribution Medicare $ 7,369.64
Withholding $ 24,005.52
$57,395.44 Grand Total - Withholding Tax Account Total $ 57,395.44 $0.00
$10,696.78 9995.2035 MN DEPT OF REVENUE State Tax $ 10,696.78 $0.00 e
$13,877.81 9995,2241 PERA Employee Contribution - Pension Plan
$16,615,50 9995,2241 Employer Contribution - Pension Plan
$30,493.31 Sub-Total- PERA
$15,86 9995.2243 PERA-DCP Employee Contribution - Pension Plan
$15.86 9995.2241 Employer Contribution - Pension Plan
Pera $ 30,509.17
$31.72 Sub - Total - DCP DCP $ 15,86
$30,525.03 GRAND TOTAL - PERA Total $ 30,525.03 $0.00
Finance Director Approval
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R55APPYRV I CITY OF HUTCHINSON
By Check Number AP Payment Register with Voids
. Check Date 10/1812006 -
Ck Date Type Check # Vendor Name Amount
10/18/2006 PK 138972 . 119212 BLOCK FARMS & TRUCKING 2,715.60
10/18/2006 PK 138973 122919 BRYAN STREICH TRUCKING 3,403.12
10/18/2006 PK 138974 110099 CARVER COUNTY COURT ADMIN 182.00
10/1812006 PK 138975 102442 FLOOR TO CEILING STORE 2,468.79
10/1812006 PK 138976 102961 HRA 450,00
10/18/2006 PK 138977 123489 HUTCHINSON, CITY OF 151,483.15
10/1812006 PK 138978 123490 HUTCHINSON, CITY OF 26,624.35
10/18/2006 PK 138979 102553 JCPENNEY CO 238.91
10/1812006 PK 138980 120768 JG PRESS, INC. 395.00
10/18/2006 PK 138981 122959 JOHN DEERE CREDIT 29,131.03
10/18/2006 PK 138982 123488 JURGENSON, WILLIAM & CHRISTINA 6,377.00
10/1812006 PK 138983 103744 MAIN STREET SPORTS BAR 88,93
. 10/1812006 PK 138984 102573 MCLEOD COOP POWER 226.86
- 10/18/2006 PK 138985 . 102425 MIDWEST WIRELESS COMM. . - 2,\>67:62-
10/18/2006 PK 138986 120766 MRPA ANNUAL CONFERENCE 1,010.00
10/18/2006 PK 138987 121518 QWEST 64.95
10/18/2006 PK 138988 121176 REINER ENTERPRISES, INC 2,061.48
10/18/2006 PK 138989 122922 STREICH TRUCKING 3,835.00
10/18/2006 PK 138990 120919 UNIVERSITY OF MINNESOTA 56.00
232,879.79
Account Nu
232,879.79
Void Amou
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R55APPYRV CITY OF HUTCHINSON
Bv Check Number AP Payment Register with Voids
Check Date 1 0/24/2006 -
Ck Date Tvpe Check # Vendor Name Amount
10/24/2006 PK 138991 * 102217 "VOID VOID VOID VOID VOID-
10/24/2006 PK 138992 102217 AEM MECHANICAL SERVICES, INC 214.92
10/24/2006 PK 138993 120301 ALCOPRO 731.47
10/24/2006 PK 138994 110188 ALDEN POOL & MUNICIPAL SUPPLY 345.51
10/24/2006 PK 138995 122724 ALLEN, RITA 45.50
10/24/2006 PK 138996 101844 AMERICAN PLANNING ASSN 208.35
10/24/2006 PK 138997 122873 AMERICAN SOLUTIONS FOR BUSINES 653.50
10/24/2006 PK 138998 114930 ANDERSON RENTALS 16.01
10/24/2006 PK 138999 1 05204 ARCTIC GLACIER PREMIUM ICE INC 377.40
10/24/2006 PK 139000 102260 ASHBROOK SIMON HARTLEY OPERATI 4,385.00
10/24/2006 PK 139001 102789 B & B SPORTS 8.28
10/24/2006 PK 139002 102207 BACHMAN'S 202.35
10/24/2006 PK 139003 123535 BAKKE, JEREMY 122.75
10/24/2006 PK 139004 102128 BARGEN INC 2,790.00
10/24/2006 PK 139005 121462 BARN YARD, THE 1,760.00
10/24/2006 PK 139006 102943 BAUERL Y COMPANIES 14.80
10/24/2006 PK 139007 102367 BELLBOY CORP 2,368,95
10/24/2006 PK 139008 123536 BERG, ANDREW 300.00
10/24/2006 PK 139009 102255 BERKLEY RISK ADMINISTRATORS 800.00
10/24/2006 PK 139010 120738 BERTELSON'S 196,11
10/24/2006 PK 139011 104598 BLUE HERON 741,37
10/24/2006 PK 139012 113020 BOCK, CINDY 50.00
10/24/2006 PK 139013 123537 BOHN, NORMAN 60,00
10/24/2006 PK 139014 102729 BOLTON & MENK INC, 2,326,50
10/24/2006 PK 139015 101987 BRANDON TIRE CO 3,656,04
10/24/2006 PK 139016 103349 BRANDT GARMET LETTERING 1,032,07
10/24/2006 PK 139017 102752 BRAUN INTERTEC CORP 5,624.50
10/24/2006 PK 139018 120227 BROTHERS FIRE PROTECTION COMPA 889,00
10/24/2006 PK 139019 102049 BRYAN ROCK PRODUCTS 7,248,07
10/24/2006 PK 139020 104418 BURMEISTER, JEROME 60,00
10/24/2006 PK 139021 102136 BUSINESSWARE SOLUTIONS 510.96
10/24/2006 PK 139022 123538 BUSKE, GINA 15,00
10/24/2006 PK 139023 102456 C & L DISTRIBUTING 18,909.10
10/24/2006 PK 139024 123539 C.H. ROBINSON CO. 470.50
10/24/2006 PK 139025 120918 CARROLL PARTS 120.45
10/24/2006 PK 139026 104391 CENTRAL HYDRAULICS 1,049.18
10/24/2006 PK 139027 102143 CENTRAL LANDSCAPE SUPPLY 1,853.10
10/24/2006 PK 139028 102253 CENTRAL MCGOWAN 43.45
10/24/2006 PK 139029 123540 CHRISTENSEN, ELISE 15,00
10/24/2006 PK 139030 123541 COLD SPRING BAKERY 47.00
10/24/2006 PK 139031 120461 CONNER,RENEE 70.98
10/24/2006 PK 139032 102484 CORPORATE EXPRESS 1,420,81
10/24/2006 PK 139033 121640 CREEKSIDE SOILS 6.96
10/24/2006 PK 139034 103123 CRONATRON WELDING SYSTEMS INC 224.26
10/24/2006 PK 139035 119229 CROUSE-HINDS AIRPORT LIGHTING 1,384.85
10/24/2006 PK 139036 102289 CROW RIVER GLASS 31.95
1 0/24/2006 PK 139037 102121 CROW RIVER VET CLINIC 1,056.73
10/24/2006 PK 139038 104884 CULLIGAN 32.00
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10/24/2006 PK 139039 104377 CUSTOM PRODUCTS & SERVICES 413.75
10/24/2006 PK 139040 122107 D-J DISTRIBUTING 145.00
10/24/2006 PK 139041 102488 DAY DISTRIBUTING 2,390.30
10/24/2006 PK 139042 119502 DELANO CEMETERY SERVICES, INC 100.00
10/24/2006 PK 139043 122633 DEPT OF EMPLOYMENT & ECONOMIC 244.92
10/24/2006 PK 139044 102698 DEVRIES, RANDY 21.08
10/24/2006 PK 139045 102261 DISPLAY SALES 503.22
10/24/2006 PK 139046 102236 DUININCK BROS INC. 11,194.81
10/24/2006 PK 139047 102324 EARL F. ANDERSEN, INC 559.81
10/24/2006 PK 139048 102495 EBERT, PAT 10.00
10/24/2006 PK 139049 102726 ECOLAB PEST ELlM 163.48
10/24/2006 PK 139050 102354 ECONO FOODS 164,04
10/24/2006 PK 139051 102326 ELECTRIC MOTOR CO 105.44
10/24/2006 PK 139052 101898 EMANS, BRAD 813,94
10/24/2006 PK 139053 102339 EWING, BRENDA 14,16
10/24/2006 PK 139054 110034 EXTREME BEVERAGE 128.00
10/24/2006 PK 139055 123550 FAHEY, JIM 105,47
10/24/2006 PK 139056 102223 FARM-RITE EQUIPMENT -. - 15.77
10/2412006 PK 139057 104137 FASTENAL COMPANY 58.05
10/2412006 PK 139058 101896 FENSKE'S STUMP REMOVAL 2,329.42
10/24/2006 PK 139059 122555 FIRE SAFETY USA, INC 167,00
10/24/2006 PK 139060 118463 FIRST CLASS BUILDERS 93.10
10/24/2006 PK 139061 102094 FISHER SCIENTIFIC 785.41
10/24/2006 PK 139062 101945 GALL'S INC 58.94
10/24/2006 PK 139063 102316 GENE'S TOWING 133.13
10/2412006 PK 139064 121315 GIRLS SOFTBALL ASSOC. 1,617,00
10/24/2006 PK 139065 123363 GMS INDUSTRIAL SUPPLIES INC 329,38
10/24/2006 PK 139066 105562 GRANIT BRONZ 472.35
10/24/2006 PK 139067 101874 GRIGGS & COOPER & CO 32,554.31
10/24/2006 PK 139068 102959 GROEHLER, FLOYD 57,85
10/2412006 PK 139069 123542 HAGSTROM, KELLY 140.00
10/2412006 PK 139070 123543 HALL, JOSH 300.00
10/24/2006 PK 139071 102451 HANSEN DIST OF SLEEPY EYE 1,788,70
1 0/24/2006 PK 139072 101958 HANSON & VASEK CONSTRUCTION 2,400.00
10/24/2006 PK 139073 109799 HARRIS COMPANIES 1,772,55
10/24/2006 PK 139074 122308 HATTEN, ASHLEY JO 80,00
10/24/2006 PK 139075 102079 HAUGEN,MARV 70,64
10/24/2006 PK 139076 123544 HAUGLAND, CINDY 15.00
10/24/2006 PK 139077 101988 HED, MARILYN 368.78
10/24/2006 PK 139078 104353 HENKE,MARY 122.87
10/24/2006 PK 139079 116866 HEWLETT-PACKARD CO 624.09
10/24/2006 PK 139080 102518 HILL YARD FLOOR CARE/HUTCHINSON 760.30
10/24/2006 PK 139081 123381 HISTORIC STATE THEATRE 525.00
10/24/2006 PK 139082 121472 HRG TECHNOLOGY GROUP 400.00
10/24/2006 PK 139083 102530 HUTCHINSON CO-OP 17 ,486.40
10/24/2006 PK 139084 115652 HUTCHINSON EVENT CENTER 52,00
10/24/2006 PK 139085 102541 HUTCHINSON TELEPHONE CO 1,015,55
10/24/2006 PK 139086 105515 HUTCHINSON UTILITIES 253.75
10/24/2006 PK 139087 102038 HUTCHINSON, CITY OF 180,000.00
10/24/2006 PK 139088 102072 HUTCHINSON, CITY OF 29,661,00
10/24/2006 PK 139089 103099 HUTCHINSON, CITY OF 2,769.52
10/24/2006 PK 139090 103520 INTERSTATE BATTERY SYSTEMS OF 901.36
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1 0/24/2006 PK 139091 102062 JACK'S UNIFORMS & EQUIPMENT 240.89
10/24/2006 PK 139092 115855 JEFF MEEHAN SALES INC. 867.00
10/24/2006 PK 139093 102208 JEFF'S ELECTRIC 5,691.18
10/24/2006 PK 139094 102554 JERABEK MACHINE SERV 11.87
10/24/2006 PK 139095 101938 JOHNSON BROTHERS LIQUOR CO. 22,416.34
10/24/2006 PK 139096 102124 JOHNSON, DOUG L. 75.00
1 0/24/2006 PK 139097 102346 JOHNSON, LEONARD G. 812,76
10/24/2006 PK 139098 102555 JUUL CONTRACTING CO 4,434.50
10/24/2006 PK 139099 123344 KEEPRS, INC 967.65
10/24/2006 PK 139100 104699 KLINKNER, RAQUEL 210.00
10/24/2006 PK . 139101 102171 KOHN, SUE 21,44
10/24/2006 PK 139102 123557 KRAFT POWER 339,85
10/24/2006 PK 139103 102859 KRCIL, JOYCE 75.89
1 0/24/2006 PK 139104 102123 KRISHNAMOORTHI, CHITRA 7.75
10/24/2006 PK 139105 123545 KUHNAU, MICHAEL 300.00
10/24/2006 PK 139106 102561 L & P SUPPLY CO 2,006.62
10/24/2006 PK 139107 113892 LANDSCAPE CONCEPTS, INC 79.99
10/24/2006 PK 139108 102563 LEAGUE OF MN CITIES 15.00
10/24/2006 PK 139109 113179 LEAGUE OF MN CITIES-INS TRUST 3,884,00
10/24/2006 PK 139110 119206 LEE, JEREMY 250,00
10/24/2006 PK 139111 116442 LEVINE, ERIC 17,02
10/24/2006 PK 139112 120903 LEXISNEXIS 110.00
10/24/2006 PK 139113 101984 LOCHER BROTHERS INC 20,649.43
10/24/2006 PK 139114 102564 LOGIS . 18,853.81
10/24/2006 PK 139115 102145 M-R SIGN 27.27
10/24/2006 PK 139116 120802 M. AMUNDSON LLP 117.30
10/24/2006 PK 139117 121453 MAGNATROL VALVE CORP 524.02
10/24/2006 PK 139118 102214 MAINTENANCE ENGINEERING 231.33
10/24/2006 PK 139119 102987 MAKI, CONNIE 9.14
10/24/2006 PK . 139120 102572 MANKATO MOBILE RADIO 786.78
10/24/2006 PK 139121 105140 MARSHALL CONCRETE PRODUCTS 13.64
10/24/2006 PK 139122 109292 MARTY'S ROOFING 1,215.00
10/24/2006 PK 139123 102573 MCLEOD COOP POWER 2,400,00
10/24/2006 PK 139124 103046 MCLEOD COUNTY RECORDER 368,00
10/24/2006 PK 139125 103046 MCLEOD COUNTY RECORDER 151.80
10/24/2006 PK 139126 123339 MCRAITH, ERIN 45.50
10/24/2006 PK 139127 112400 MENARDS - HUTCHINSON 461.35
10/24/2006 PK 139128 101840 MEYER LABORATORY, INC 235.46
10/24/2006 PK 139129 123485 MIDWEST CHILDREN'S RESOURCE CN 15,98
10/24/2006 PK 139130 102575 MINI BIFF 108,58
10/24/2006 PK 139131 101947 MINNESOTA DEPT OF LABOR & INDU 5,625.07
10/24/2006 PK 139132 120182 MINNESOTA DISTRIBUTING & MFG 4,710.68
10/24/2006 PK 139133 102582 MINNESOTA ELEVATOR INC 106.70
10/24/2006 PK 139134 102477 MINNESOTA FALL MAINTENANCE EXP 425.00
10/24/2006 PK 139135 121733 MINNESOTA MUNICIPAL UTILITIES 4,500,00
10/24/2006 PK 139136 103504 MINNESOTA RURAL WATER ASSC. 75.00
10/24/2006 PK 139137 102580 MINNESOTA SAFETY COUNCIL 48.49
10/24/2006 PK 139138 105157 MINNESOTA SHREDDING 229.55
10/24/2006 PK 139139 102583 MINNESOTA VALLEY TESTING LAB 3,262,00
10/24/2006 PK 139140 111003 MISSISSIPPI TOPSOILS 656.20
10/24/2006 PK 139141 121160 MN VAC 17.02
10/24/2006 PK 139142 102655 MODERN MAZDA . 85.20
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10/24/2006 PK 139143 102016 MURPHY GRANITE CARVING 792.00
1 0/24/2006 PK 139144 101985 NAGY, RICHARD 22.08
10/24/2006 PK 139145 102650 NCL 231.36
10/24/2006 PK 139146 102180 NORTHERN SAFETY TECHNOLOGY 139.59
10/24/2006 PK 139147 122214 O'REILLY AUTO PARTS 163.25
10/24/2006 PK 139148 122908 OHLIN SALES INC 69,62
10/24/2006 PK 139149 114017 OJHA, SMITA 58.00
10/24/2006 PK 139150 102155 OLSEN CHAIN & CABLE CO. 37.95
10/24/2006 PK 139151 103773 OLSON, JOHN 13.83
10/24/2006 PK 139152 102187 PAUSTIS & SONS WINE CO 3,541.17
10/24/2006 PK 139153 101853 PHILLIPS WINE & SPIRITS 41,501.27
10/24/2006 PK 139154 102656 PIONEER 473.93
10/24/2006 PK 139155 101903 POPP, JIM 711.50
10/24/2006 PK 139156 102445 POSTMASTER 170,00
10/24/2006 PK 139157 123188 PROFESSIONAL MOSQUITO CONTROL 2,000,00
10/24/2006 PK 139158 122199 PURCHASE POWER 5.99
10/24/2006 PK 139159 102598 QUADE ELECTRIC 96.53
-10/24/2006 PK 139160 102212 QUALITY ftoW SYSTEMS - . . 3,935,18
1 0/24/2006 PK 139161 1 02052 QUALITY WINE & SPIRITS CO, 25,167.24
10/24/2006 PK 139162 117434 R & J TOURS, INC, 301.95
10/24/2006 PK 139163 102604 R & R SPECIAL TIES INC 91.00
10/24/2006 PK 139164 102205 R,J,L. TRANSFER 1,113.80
10/24/2006 PK 139165 123546 RANNOW, CHRISTINA 15.00
10/24/2006 PK 139166 102384 RDO EQUIPMENT CO. 1,869.08
10/24/2006 PK 139167 102432 REED BUSINESS INFORMATION 574.52
10/24/2006 PK 139168 123287 ROECKER, DONALD 1,500.00
10/24/2006 PK 139169 121677 RUCKS, CAMERON D, 1,129,20
10/24/2006 PK 139170 119208 RUNKE, DOREEN 280,00
10/24/2006 PK 139171 102225 RUNNING'S SUPPLY 34.01
10/24/2006 PK 139172 123551 RUPRECHT, JASON 102.90
10/24/2006 PK 139173 122933 RW FARMS, LLC 17,879,60
10/24/2006 PK 139174 120907 SAL TMAN LLC 314,97
10/24/2006 PK 139175 102436 SARA LEE COFFEE & TEA 553.23
10/24/2006 PK 139176 121423 SCHIEBEL, RICHARD 250.00
10/24/2006 PK 139177 102606 SCHMELING OIL CO 2,341.80
10/24/2006 PK 139178 1 02211 SCHWEISS BI-FOLD DOORS 773,72
10/24/2006 PK 139179 109801 SCOTT'S WINDOW CLEANING SERVIC 63.90
10/24/2006 PK 139180 112355 SEBORA,MARC 72.95
10/24/2006 PK 139181 101892 SEH 4,072.72
10/24/2006 PK 139182 120704 SHERWYN SPIERING 240.00
10/24/2006 PK 139183 102611 SORENSEN'S SALES & RENTALS 84.14
10/24/2006 PK 139184 123552 SORENSON, DIANE 40.40
10/24/2006 PK 139185 120410 SPECIALTY WINES 2,267.75
10/24/2006 PK 139186 120514 SPRINT 274.86
10/24/2006 PK 139187 102242 SRF CONSULTING GROUP 47,528.42
10/24/2006 PK 139188 102747 ST, JOSEPH'S EQUIPMENT INC 1,243,80
10/24/2006 PK 139189 102612 STANDARD PRINTING 31,96
10/24/2006 PK 139190 123387 STElLE CONSTRUCTION 150.00
10/24/2006 PK 139191 102617 STREICHERS 182.10
10/24/2006 PK 139192 102396 THECO INC. 2,539.59
10/24/2006 PK 139193 120205 TRANSPORTATION SAFETY APPAREL 128.98
10/24/2006 PK 139194 102620 TRI CO WATER 100.00
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10/24/2006 PK 139195 102619 TWO WAY COMM INC 194,78
10/24/2006 PK 139196 102624 UNITED BUILDING CENTERS 38,13
10/24/2006 PK 139197 102627 UNIVERSITY OF MINNESOTA ' 318,00
10/24/2006 PK 139198 102763 USIINC 55,34
10/24/2006 PK 139199 123439 VAN ORT. CAROL 13,00
10/24/2006 PK 139200 102019 VFVV POST 906 742.50
10/24/2006 PK 139201 . 101974 VIKING BEER 3,364.10
10/24/2006 PK 139202 1 02132 VIKING COCA COLA 395.05
10/24/2006 PK 139203 121147 VSS-VERTECH SOLUTIONS & SERVIC 63,85
10/24/2006 PK 139204 108598 WAL-MART 80.72
10/24/2006 PK 139205 105122 WASTE MANAGEMENT 102,043,35
10/24/2006 PK 139206 122357 WASTE MANAGEMENT-SAVAGE 9,313,09
10/24/2006 PK 139207 120852 WASTE MANAGEMENT-TC WEST 196,22
10/24/2006 PK 139208 123547 WAWRZYNIAK-SCHUETTE, RACHEL 240,00
10/24/2006 PK 139209 123548 WEBER. NATHAN 300,00
10/24/2006 PK 139210 102929 WE IS, MARK 450,00
10/24/2006 PK 139211 102165 WELCOME NEIGHBOR 60,00
10/24/2006 PK 139212 102639 WEST PUBLISHING PAYMENT CTR 385.48
10/24/2000 PK 1392f3 105258 lWILKENS INDUSTRIES 26,56
10/24/2006 PK 139214 11 8486 WILSON DEVELOPMENT SERVICES 901.41
10/24/2006 PK 139215 103452 WINE COMPANY, THE 7,408,00
10/24/2006 PK 139216 102452 WINE MERCHANTS INC 1.229,00
10/24/2006 PK 139217 103450 WINZER CORP 102,72
10/24/2006 PK 139218 123553 WM SPECIALTY MORTGAGE 11,79
10/24/2006 PK 139219 105208 WOLD ARCHITECTS & ENGINEERS 122,05
10/24/2006 PK 139220 105571 ZEP MANUFACTURING CO 57,52
765.926,92
Account Nu #
765.926,92
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ELECTRONIC FUNDS TRANSFERS
10-24-06
W A TERfSEWER MN DEPT OF REVENUE-USE TAX
$11,258.00
GENERAL MN DEPT OF REVENUE-SALES TAX
$ 628.00
HAT.S DEPT OF REVENUE-FUEL TAX
$1,229.00
LIQUOR MN DEPT OF REVENUE- JULY TX
$30,720.00