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cp11-13-2007 c . AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 13, 2007 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION -Rev. Kevin Oster, Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF OCTOBER 23, 2007 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING DEPARTMENT MONTHLY REPORT FOR OCTOBER 2007 2. FIRE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2007 3. EDA BOARD MINUTES FROM SEPTEMBER 28, 2007 . 4. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR SEPTEMBER 2007 5. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR SEPTEMBER 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13291 - RESOLUTION FOR PURCHASE (BAG FILM) 2. ORDINANCE NO. 07-0480 - AN ORDINANCE VACATING DRAINAGE AND UTILITY ~SEMENTS IN BLOCK 2, GOEBEL'S ADDITION BETWEEN LOTS 4 AND 5 (1020 AND 1030- 5 AVENUE SE) (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 07-0481 - AN ORDINANCE VACATING DRAINAGE AND UTILITY EiiSEMENTS IN LOT 2, BLOCK 2, HUTCHINSON FIFTH A VENUE INDISTRIAL PARK (1150- 5 AVENUE SE) REQUESTED BY HUTCHINSON EDA (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF IMPLEMENTING2008 CEMETERY RATES " (d) APPOINTMENT OF LOUISE JESSEN TO SENIOR ADVISORY BOARD TO JANUARY 2010 (UNEXPIRED TERM OF BOB COGLEY) (e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO. 9-LETTING NO.2, PROJECT NO. 06-02 (WATER TREATMENT PLANT) CHANGE ORDER NO. 2 - LETTING NO.2, PROJECT NO. 07-02 (HUTCHINSON DAM REPLACEMENT) - CHANGE ORDER NO. 2-LETTING NO. 11,PROJECTNO. 05-13 (WATER TREATMENT PLANT BIOLOGICAL TREATMENT SYSTEM) . CITY COUNCIL AGENDA - NOVEMBER 13, 2007 . (f) CONSIDERATION FOR APPROVAL OF REVISED ASSESSMENT ROLL NO. 5083 - CORNERSTONE COMMONS (g) CONSIDERATION FOR APPROVAL OF ACTIVATION OF DEFERRED ASSESSMENTS (SA5059E & SA5079C) (h) CONSIDERATION FOR APPROVAL OF GOPHER CAMPFIRE SANCTUARY IMPROVEMENTS FUNDING SOURCE ' (i) CONSIDERATION FOR APPROVAL OF BOAT LANDING IMPROVEMENT AGREEMENT WITH THE DEP AR TMENT OF NATURAL RESOURCES G) CONSIDERATION FOR APPROVAL OF PARTNERSHIP CONTRACT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Action - Motion to approve consent agenda 7. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION OF ANNEXATION OF APPROXIMATELY 43 ACRES LOCATED AT THE NORTHWEST CORNER OF JEFFERSON ROAD AND COUNTY ROAD 8 FOR CITY OF HUTCHINSON/HUTCHINSON AREA HEALTH CARE FOR A SENIOR HOUSING CAMPUS Action - Motion to reject - Motion to approve (b) CONSIDERATION OF ORDINANCE NO. 07-0482 - A RENTAL REGISTRATION AND INSPECTION ORDINANCE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR NOVEMBER 27, 2007) . Action - Motion to reject - Motion to approve 8. COMMUNICATIONS, REQUESTS AND PETITIONS (a) UPDATE BY HUTCHINSON UTILITIES COMMISSION AND LANDFORM ON SITE AND EXTERIOR IMPROVEMENTS TO POWER PLANT SITE LOCATED AT THE INTERSECTION OF HWY 15 & HWY7 Action - (b) DISCUSSION OF SMOKING ORDINANCE IN RELATIONSHIP TO HOTELS/MOTELS - BRAD JACOBSON Action - 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) REVIEW OF CITY OF HUTCHINSON COMPENSATION PLAN Action - Motion to reject - Motion to approve (b) CONSIDERATION FOR APPROVAL OF UTILITY SERVICE EXTENSION TO EDA-OWNED LOT Action - Motion to reject - Motion to approve . (c) CONSIDERATION FOR APPROVAL OF WATER TREATMENT PLANT ENGINEERING SERVICES 2 CITY COUNCIL AGENDA - NOVEMBER 13, 2007 AGREEMENT AMENDMENT WITH EARTHTECH . Action - Motion to reject - Motion to approve (d) CONSIDERATION FOR APPROVAL OF MEMBERSHIP TO COALmON OF GREA TERMINNESOTA CITIES FOR 2008 Action - Motion to reject - Motion to approve (e ) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13292- RESOLUTION ESTABLISHING A POLICY AND GUIDELINES FOR THE USE OF ELECTRONIC COMMUNICATIONS BETWEEN CITY COUNCIL MEMBERS Action - Motion to reject - Motion to approve (f) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13293- RESOLUTION REAFFIRMING CITY COUNCIL LIMITS IN THE ADMINISTRATION OF CITY AFFAIRS Action - Motion to reject - Motion to approve (g) CONSIDERATION FOR APPROVAL OF SETTING PUBLIC MEETING WITH "MCLEOD COUNTY FOR TOMORROW" FOR NOVEMBER 29, 2007, AT 7:00 P.M. IN THE COMMISSIONERS BOARD ROOM AT THE MCLEOD COUNTY COURTHOUSE Action - Motion to reject - Motion to approve (h) CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUIsmON FOR THE NORTHEAST TRUNK STORM SEWER PHASE 2 PROJECT . Action - Motion to reject - Motion to approve 11. MISCELLANEOUS 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13. ADJOURN . 3 . MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 23, 2007 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Member present were Bill Arndt, Kay Peterson and Casey Stotts. Member absent was Jim Hau~en. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, CIty Attorney. 2. INVOCATION - Pastor Wayne Morrison, Seventh Day Adventist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF OCTOBER 9, 2007 Motion by Arndt, second by.son, to approve the minutes as presented. Motion carried unanimously. . 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES OF AUGUST 6, 2007 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES OF SEPTEMBER 17,2007 3. PLANNING COMMISSION MINUTES OF SEPTEMBER 18, 2007 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR SEPTEMBER 2007 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13283 - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS 2. RESOLUTION NO. 13284 - RESOLUTION DEFERRING ASSESSMENTS FOR HARDSHIP FOR SENIOR CITIZEN OR DISABLED PERSON 3. RESOLUTION NO. 13285 - RESOLUTION TO SET INTEREST RATE FOR 2007 BONDING 4. RESOLUTION NO. 13286 - RESOLUTION FOR PURCHASE (CRUSHING CONCRETE & BLACKTOP, BIODIESEL, UNLEADED GASOLINE) 5. ORDINANCE NO. 07-0479 - AN ORDINANCE EXTENDING INTERIM ORDINANCE FOR HWY 7 CORRIDOR STUDY MORATORIUM (SECOND READING AND ADOPTION) . (c) PLANNING COMMISSION ITEMS 5C C\~ . . . CITY COUNCIL MINUTES - OCTOBER 23, 2007 1. VACATION OF DRAINAGE AND UTILITY E~EMENTS IN BLOCK 2, GOEBEL'S ADDITION BETWEEN LOTS 4 AND 5 (1020 AND 1030 - 5 AVENUE SE) WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (W AlVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0480 FOR NOVEMBER 13, 2007) 2. V ACA TION OF DRAINAGE AND UTILITY EftPEMENTS IN LOT 2, BLOCK 2, HUTCHINSON FIFTH AVENUE INDISTRIAL PARK (1150 - 5 AVENUE SE) REQUESTED BY HUTCHINSON EDA WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0481 FOR NOVEMBER 13, 2007) (d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO.8 - LETTING NO.2, PROJECT NO. 06-02 (WATER TREATMENT PLANT) - CHANGE ORDER NO. I - LETTING NO.2, PROJECT NO. 07-02 (DAM REPLACEMENT) (e) CONSIDERATION FOR APPROVAL OF REVISED ASSESSMENT ROLL NO. 5079B (f) CONSIDERATION FOR APPROVAL OF WATERlWASTEWATER OFFICE SPECIALIST CLASSIFICATION CHANGE TO FULL-TIME POSITION (g) CONSIDERATION FOR APPROVAL OF WASTEWATER DEPARTMENT JOINING MlNNESOT A ENVIRONMENTAL SCIENCE AND ECONOMIC REVIEW BOARD (h) CONSIDERATION FOR APPROVAL OF CURRENCY EXCHANGE LICENSE RENEWAL FOR WALMART (i) CONSIDERATION FOR APPROVAL OF PURCHASING OMNICELL AUTOMATED PHARMACY DISPENSING MACHINE AND REMOTE MONITORING SYSTEM AS REQUESTED BY HUTCHINSON AREA HEALTH CARE 0) CONSIDERATION FOR APPROVAL OF SETTING NOVEMBER 1,2007 , AT 6:00 P.M. AS AN OPEN MEETING FOR THE HIGHWAY 7 CORRIDOR STUDY OPEN HOUSE AT HUTCHINSON EVENT CENTER Items 6( d), 6(f), 6(g), and 60) were pulled. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(d) was discussed further. Council Member Arndt asked for more clarification on the change order related to the dam reconstruction project. Kent Exner, City Engineer, noted that it was determined that it is in the best interest to purchase boulders from the contractor as opposed to taking rock from other areas throughout the city. Other changes relate to aggregate. Motion by Arndt, second by Stotts, to approve Item 6(d). Motion carried unanimously. Item 6(f) had further discussion. Gary Plotz, City Administrator, noted that the current position is part-time with it budgeted for up to 30 hours per week. Mr. Plotz noted that the proposal to change the position to full-time relates to additional support for the water treatment plant. Motion by Cook, second by Arndt, to approve Item 6(f). Motion carried unanimously. Item 6(g) had further discussion. Kent Exner, City En~eer, noted that the Minnesota Environmental Science and Economic Review Board has been a long-tIme organization that looks for protecting cities' environments. The Board works to ensure that the regulations affecting wastewater treatment are reasonable and based on sound scientific research. The Board also provides regularly scheduled trainin!;l sessions and educational opportunities. The cost for membership is $.75 per sewer connection, which would be 2 j(C0 CITY COUNCIL MINUTES - OCTOBER 23, 2007 approximately $4800. . Motion by Cook, second by Peterson, to approve Item 6(g). Motion carried unanimously. Item 6G) had further discussion. Mayor Cook asked if the open house could be rescheduled due to other events being held this same evening. Bonnie Baumetz, Planning Coordinator, noted that the date of the open house was hard to pinpoint and there are very few other options, if any. , Motion by Peterson, second by Stotts, to set November 1,2007, at 6:00 p.m. as an open rneeting for the Hwy 7 Corridor Study open house. Motion carried unanimously. 7. PUBLIC HEARINGS - 6:00 P.M. - NONE 8. COMMUNICATIONS, REOUESTS AND PETITIONS (a) DISCUSSION OF COORDINATION OF IMPROVEMENT EFFORTS AT GOPHER CAMPFIRE SANCTUARY Kent Exner, City Engineer, presented before the Council. Mr. Exner informed the Council that city staff and representatives of Gopher Campfue have met to identifY and plan for needs of the site along the river near Les Kouba Parkway. Some activities include site surveying, pond pumping, rock/fill accumulation and design activities. The DNR has developed a preliminary ponding/water level plan for the area. Mr. Exner requested of the Council to what level the city wants to continue with aiding with the improvements. Mr. Exner noted that the city's portion to fund the improvements could range from $10,000 - $15,000. He requested that the Council determine the amount they are willing to spend on the improvements and the fund from which the improvements should be paid frorn. Motion by Stotts, second by Peterson, to fund the project 50% from the public sites fund or the stormwater utility. Motion carried unanimously. ~. UNFINISHED BUSINESS 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF 2007-2008 INSURANCE RENEWAL AND UPDATE BY AJ. GALLAGHER AND ASSOCIATES Ken Merrill, Finance Director, presented before the Council. Ann Stanton and John Hall from A.J. Gallagher were introduced. Ms. Stanton reviewed the renewal policy for 2007-2008. The overall premiums increased approximately 2.3% from last year's premiums. Property premiums and values increased from 2006 to 2007 and the property rates increased 10%. Clarification and discussioll was held regarding airport liability. Mayor Cook suggested researching how other small airports address airport liability issues. Ms. Stanton noted that tort cap limits will be statutorily increased in 2008. Mayor Cook also clarified thatthe Council and all boards & commissions are covered under the open meeting law defense. Motion by Cook, second by Peterson, to approve insurance renewal with AJ. Gallagher. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF WATER EMERGENCY AND CONSERVATION PLAN Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that a Water Ernergency and Conservation Plan is mandated by the Department of Natural Resources. The plan covers the water supply system description and evaluation, the emergency response procedures and water conservation. . Motion by Stotts, second by Arndt, to approve the Water Emergency and Conservation Plan. Mayor Cook 3 6(0-) CITY COUNCIL MINUTES - OCTOBER 23, 2007 . . suggested having a permanent odd/even watering system in place and he asked that Mr. Exner review the impact on how it would affect the city's system. Motion carried unanimously. (c) UPDATE ON RENTAL HOUSING REGISTRATION PROGRAM (DRAFT ORDINANCE) AND CONSIDERATION OF SETTING A PUBLIC HEARING AND FIRST READING FOR NOVEMBER 13, 2007, AT 6:00 P.M. Brad Emans, Fire Chief, presented before the Council. Mr. Emans noted that the topic of a rental inspection program has been discussed for several years. The main goal of enacting such an ordinance is to keep the safety of residents at hand. The renter is expected to take care of the property and for the owner to maintain the property and keep it safe. The ordinance will cover all rental properties within the city other than hospitals, nursing homes or governmental residences regulated by the State of Minnesota If the ordinance and rrogram is adopted, the hope is to have all registrations completed by March 1,2008. Mr. Ernans detaIled the inspection program Itself. The Council will set the inspection/registration fee at the beginning of each year. Mr. Ernans also suggested posting the ordinance on the city's web site and having it available for interested parties to review pnor to a public hearing. If the ordinance is adopted, the ordinance will be distributed to all rental property owners. It was also discussed that a separate nUIsance ordinance regulating illegal activities be drafted and considered concurrently with this proposed ordinance. Motion by Arndt, second by Stotts, to set public hearing for November 13, 2007, at 6:00 p.m. to discuss the rental registration inspection program. Motion carried unanimously. (d) CONSIDERATION FORAPPROV AL OF MEMBERSHIP TO COALITION OF GREATER MINNESOTA CITIES FOR 2008 Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that the membership fee is $24,000 and will be reduced by 50% the fust year and by 25% the second year. Mr. Plotz noted that the city currently pays approximately $1 O,OOO/year to the League of Minnesota Cities for membership. Mayor Cook noted that the Coalition is a lobbying group that will look out specifically for greater Minnesota cities. Some of the impact the Coalition has had mclude the phosphorous issue, annexation issues and will playa role in LGA issues. Mr. Plotz noted that the City was a member of the Coalition back in the 1990s however dropped mernbership for a few different reasons. Council Member Stotts noted that he does not feel that this expenditure is necessary at this time due to budgetary issues. Motion by Stotts, second by Peterson, to reject membership to the Coalition of Greater Minnesota Cities. Roll call vote taken: Arndt - nay; Cook - nay; Peterson - aye; Stotts - aye. Motion failed 2 - 2. Motion by Arndt, second by Peterson, to table this matter to November 13, 2007, for further discussion. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP TO REVIEW PERFORMANCE PAY PLAN Council Member Stotts suggested reviewing the new proposed pay plan for one year and then compare it to the current plan and then make a decision the followmg year to determine which plan works best. Motion by Peterson, second by Stotts, to set a review ofthe performance pay plan as an agenda item at the November 13, 2007, City Council meeting. Motion carried unanimously. Mayor Cook noted that the Council would like to set the workshop for November 13,2007, at 3:00 p.rn. to discuss budget issues, followed by the visioning session at 4:00 p.m. Motion by Arndt, second by Peterson, to setthe November 13, 2007, workshop for 3:00 p.rn. to first discuss . budget issues prior to the visioning session. Motion carried unanimously. 4 => (0) CITY COUNCIL MINUTES - OCTOBER 23, 2007 .. MISCELLANEOUS (a) Kent Exner, City Engineer, noted that Assessment Roll No. 5084 needs to be revised to address revisions to Letting No.5, Project No. 07-05. Motion by Stotts, second by Arndt, to approve revised Assessment Roll No. 5084. Motion carried unanimously. Casey Stotts - Council Member Stotts congratulated Jean Gray, HPS Communications Specialist, on her retirement. Council Member Stotts also distributed two Resolutions for the Council to review and consider at the next Council meeting. These Resolutions relate to City Council limits in the administration of city affairs and establishing a policy and guidelines for the use of electronic communications between council members. Council Member Stotts noted that as part of the guidelines he would like a stipulation that allows for citY. council members to email the city administrator which could then in turn be forwarded to all councIl members so they are aware of issues. <Enr Plotz - Mr. Plotz noted that the second meeting in December is scheduled for December 25,2007, Christmas Day. Mr. Plotz noted that the Council should consider resetting this meeting to a date later in the week. . Motion by Peterson, second by Stotts, to reset the second Council meeting in December to December 27, 2007. Motion carried unanimously. Kent Exner - Mr. Exner noted that Mn/DOT has completed a speed study on the Hwy 7 corridor and they will be making a reco~endation to the Mn/DOT board. Traffic studies and traffic counts are also being compiled on Hwy 15/5 Avenue and Hwy 15/ Airport Road. Mayor Cook - Mayor Cook su~ested asking the PRCE Board to make a recommendation on how to accornplish the ballfield/swimmmg pool project. Mayor Cook expressed that he would rather not have the projects go to a vote for a local sales tax. Mayor Cook suggested using general obligation bond funds or other funds for the project. Council Member Stotts suggested partnering with the school when identifying the projects. Mayor Cook also asked staff to review the towinglsignage procedures from city lots as related to snow removal. 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion carried unanimously. 13. ADJOURN Motion by Stotts, second by Peterson, to adjourn at 7:20 p.m. Motion carried unanimously. . 5 )(C^) ell)' OF HlrrCHll'iSO.N COUN.r OF BUILD"'NGIPLUNrn]NG~1ECH.~f'c'lCAL PERMITS rSSUED At'1)\' ..4.'L UATIO N 4'~ ':.i'..~ ~J~~~~-t-.,::-:;t":':- ".::. ,,'~.'~le~~.6..~ . E...~~1~:-..~ '. * -; ," : ~ ,::-i:' ~~R~"'~~~k"",~ f'",? .... Oct.ober 2007 Accessory BId s Basement Finish Buildings Moved Commercial - Ne\v Commercial Add itionJRemodel Deck Drive\vay - Residential Fence Garage - Detached Industrial - Ne\v Manufactured Home Miscellaneous Reshingle -Residential Residential AdditionIRe'airlRemodel Reside -Residential Sin .Ie Famil Townhouse U'nit Window..Re lacement -Residential Mechanical Plumbin Sign Fire Sprink.lin No.. of F'ermits 2 3 1 2 6 ~ 2 2 3 2 1 1 8 18 4 6 1 'Q. 7 22 5 9 o Valuation 477 ~OOO 121,500 24,000 1,900 7,000 140)500 132,000 197 300 105 1,101,,200 lPCl~ \ . Memo Hutchinson Fire Department To: Mayor and City Council Members From: Brad Emans, Fire Chief Dat8I: 11/01107 Re: Monthly Update on Actvities of the Fire Department Fire Department Response: The fire department responded to 43 general alarms in the month of October. Fire OffIcer Only Response: A "fire officer only" responded to 10 calls in October, saving the fire district the cost of a general aiarm estimated at $1,688 and more importan~y, kept our firefighters on their full ~me job or at home with their families I . Response Time {First Emergency Vehicle Out of the Door}: October - 3 minutes 44 seconds Example of a few of the calls: . A citizen ca!1ed for a fire officer at 3:20 AM to bring them a new battery for their smoke detector; they didn't want to drive to the store to buy one. . The FD responded to an industrial fire in the southeast part of the city, the fire was possibly in the ducts. The fire did minor damage. . A fire officer responded to a CO call and found a high level of carbon monoxide coming from the fumace. The gas was shut off and the owner told to call a repair company. . The FD responded to a report that a vehicle struck a building in one of our rural fire districts. The driver left the scene before we arrived. . The FD responded to a two vehicle crash on a rural fire district intersection. . The FD responded to a fire in an apartment in the northeast part of the city. A unit on the second floor was filled with smoke, the building was evacuated, fire extinguished and smoke ventilated. The building suffered smoke damage. . The FD responded to a call from a mechanical repair company that the basement of a business had CO in it The FD found 3000 PPM of CO and ordered immediate evacLJation of the building un~1 the FD could ventilate the building. The delay in notification could have been deadly. . The FD responded mutual aid to the Cassel FD for a large hay/machinery storage building fire. The FD was on-scene for seven hours. . (Ji c:) d. This Is the breakdown of the calls for the month: City: . Residential 1 CommerciaVlndustrial 8 Multi-family 3 School 2 Carbon Monoxide 4 Hazardous Material 2 Vehicle 2 Rescue 0 Medical 8 Grass 0 Sky-Warn 0 Good Will 0 Mutual Aid 0 Structure Fires 2 Arson 1 . Rural: Rescue 5 Grass Type 1 Medical 4 Residential 0 Farm Building 2 Hazardous Material 0 Carbon Monoxide 0 Vehicle 0 CommerciaVlndustrial 0 Good Will 0 Mutual Aid 2 Structure Fires 1 Arson 0 Drills I Meetings I Other Infonnation Training: 1. Firefighter survival techniques t May-Day training 2. Classroom emergency vehicle driving/backing techniques 3. Hands-On emergency vehicle drivinglbacking at the training site as part of the annual competency testing . 4. Conducted the annual firefighter reviews Fire Prevention I Public Relations 1. The FD conducted 42 fire prevention I fire safety classes in October reaching 819 citizens of our fire districts. 2. The FD conducted 6 fire extinguisher classes for businesses in our fire district, in all we now have 119 more citizens that can property and safely operate a fire extinguisher. Other Infonnatlon: We are in the middle of our "Save-A-Life" campaign, where we give free batteries to citizens for their smoke detectors and free smoke detectors to those families that do not have one. This project is funded through donations during our annual fundralser. . . Page 2 loC(\}~ . . . EDA Board of Directors Meeting Minutes 7 AM Friday, September 28th 2007 Members present in bold print: Members Tim Ulrich Steve Jansick Casey Stotts Duane Hoversten Jim Haugen Mike McGraw Diane Gordon Staff Miles Seppelt, EDA Director Shan Ghlmlre, EDA Assistant Guests Bill Corby I. Mr. Ulrich called the meeting to order at 7:04 AM. II. Approve Agenda: No action. Ill. Review and Approve Meeting Minutes a. Minutes of August 14th Finance Team Meeting. M1S/P: McGraw, Ulrich to approve the August 14th Finance Team minutes as written. Approved unanimously. b. September 7th EDA Board Meeting M1S/P: McGraw, Haugen to approve the September 7th EDA B~ard minutes with the corrections noted. Approved unanimously. c. September 11th EDA Board Special Meeting M/S/P: Stotts, Haugen to approve the September 11th EDA Board Special Meeting minutes with the corrections noted. Approved unanimously. IV. Review August 2007 Financial Statements Mr. Seppelt presented the following report: . At of the end of August, the EDA has $84,394 available for operations. . The EDA received $500 in rental revenues for the Wetherell property and an additional $630 in reimbursements. . Professional services for the month totaled $25,675, reflecting largely a payment made to ZRT architects for their work. on the planned EDA spec building. . The Improvements to Land line-item is $5,158 for the month, reflecting dirt work. done on the Wetherell lot where the call center is to be located. This will be reimbursed to the EDA when the lot is sold. Coe 0\) ? . . . . The Economic Development (Industrial Park) loan fund has $83,082 in cash available. . A $50,000 loan has been made to Warrior Manufacturing for equipment. . The loan to Ashwill industries is performing as required, with an outstanding balance of $23,837. . The EDA is maintaining the outstanding loan balance of $21 ,560 on the books for the time being from the Allied Mechanical loan, in hopes that collection efforts may yet bear fruit. . The EDA continues to have $25,000 on deposit with MCCF. . In the Downtown Loan Fund, the EDA has $533,138 in cash available and holds mortgagees totaling $701,978. All loans are performing as required. . For the first 8 months of the year the EDA has received $79,322 in loan repayments and disbursed $35,326 in downtown grants. . A new page has been added to the monthly financial report for loans made with Minnesota Investment Fund (MIF) grant dollars. A $200,000 loan to Warrior Manufacturing has been disbursed and the EDA will start receiving. monthly payments immediately. M/S/P: McGraw, Stotts to approve tinancials for August 2007 with the changes on page 1 for receivable from Warrior Manufacturing and page 6 to change the title to MIF Loan Fund. Passed Unanimously. V. Director's Report CENEX Project We will hopefully be able to sign documents on September 28th; just waiting for review of the documents by the CENE)(' attomey. Warrior Manufacturing They are going good with their production; not sure whether they are done with the office space. Industrial Park Design The preliminary reports have been finished; working on project cost estimates. EDA Levy Council gave preliminary approval for $146,000. There was a discussion about board's thought on the package with CENEX. It was mentioned that the agreement sounds fair since we are getting the land required for access to industrial park. There was also discussion about possible funding for clean up from MN Department of Agriculture, MN Pollution Control Agency and DEED. VI. EDA 2008 Budget Mr. Seppelt presented a draft of 2008 EDA Budget to the board. It shows a comparison of budgets from 2006 to 2008. Under revenue, the levy is $146,000 keeping the tax rate same, which has already been approved by the city council. Under expenditure, professional services seem higher reflecting additional activity. Communications and conferences expenditure have been increased reflecting actual expenditure. Taxes on Strite sky property has been added as a new item. There was /yCCI) 3 . . . discussion on this issue if the city owned property would be exempt from taxes. Staff will provide more information on the next meeting. M/S/P: Haugen, McGraw to approve to approve preliminary budget as presented. Passed Unanimously. VII. Customer Elation Project Update Mr. Seppelt presented an update on the Customer Elation Project. It was mentioned that we might be able to sign documents by next week. The company has been working on finalizing the numbers; they are looking at financing from Westem Bank. Discussions are underway between the builder and the company to move ahead with the project. Since we are going to be out of the project once the documents are signed, the company is going to reimburse the expenses for dirt work and architect fees. VIII. Business Recruitment Update Mr. Seppelt provided an update on recent meeting at Community Venture Network. It was mentioned that two companies - Global Discware and TranCentral, Inc seem to fit the nature of business that we aim to recruit in Hutchinson. Global Discware is a CD/DVD producer while TranCentral specializes in factoring for trucking and logistic companies. He mentioned that a letter of interest has been sent and we are waiting to hear back from them. IX. Grants & Loan Applications Sian and Awnina Grant A. George Quast, 137 Main Sl S $2,000.00 M1S/P: Haugen, Stotts to approve awning grant of amount $2,000 for the property at 137 Main St. S. Passed Unanimously. B. Hutch Sport Shop, Mark Mittelsteadt, 137 Main Sl S $1,360.94 M/S/P: Mcgraw, Haugen to approve a sign grant of $1,360.94 to Hutch Sport Shop. Passed Unanimously. C. The Shoe Inn, George Moehring, 137 Main Sl S $1,360.94 M/S/P: Haugen, Stotts to approve a sign grant of $1,360.94 to The Shoe Inn. Passed Unanimously. D. Lighthouse Counseling, Larry Bengtson, 101 Main Sl S $1,290.00 M/S/P: Ulrich, McGraw to approve a sign grant of $1,290 to Lighthouse Counseling. Passed Unanimously. (0 (c~) ~ . . . X. Other Business . There was discussion about development of the new industrial park. It was mentioned thajit is included as part of the City's capital improvement plan for 2009. We could also look into Infrastructure Development grant from DEED. . There is a ribbon-cutting ceremony for Hwy-7 at 10 AM on September 28th. XI. Chamber Update Mr. Corby updated the Board on the following events: . Arts and Crafts has been wrapped up successfully. . Dynamic sales training has been scheduled for October 9th. . The Hutchinson Area Chamber of Commerce, has joined forces with the Glencoe Chamber, the Winsted Chamber, Ridgewater College and the MN Workforce Center to form the MBC - McLeod Business Collaborative. XII. Set next meeting The next meeting will be Friday, November 2, 2007 at 7:00 am in the City Center Main Conference Room. XIII. Adjourn The meeting adjourned at 8:02 a.m. Respectfully submitted, Shan Ghimire, EDA Assistant !.IJ C C\) ~ - - -/200' __il9PM Fl",,1 HUTCHINSON AREA HEALTH CARf. Sllllemen( of RevenU05 Ilf'ld Exper\:8M Month and Period Ended Seplember 30, 2007 CURRENT MONTH YEAR. TO-OA TE YEAR.To-oATE Ovef (Uhder) B_ .0000(UndSf~.Budgot VARIANCE .. B.Mn!lo MUlIl 1~23 Do"'''' Potoent Aotul!lI Budgel DoJars P~CfIf1I S_2Oll8 2007w 2006 , 10 podent fftVonulf $3,251,365 ($041.,2511) .12~7'" $31.214,757 134.800,'52 ($3,56$,'95) .10.9% $32,28B.9ro -3.3% 2 Out pallenl '6V6l\U8 ".689,612 5,596.375 (1,006,1'.) -18.0-4 46.288,326 ~1.047.161 (-4,758;835) ...3.. 47,&49,8&3 -2,M 3 Resident R8V8l1U8 e57,m 612,548 (15,321) -2.3% ',~.582 6~,486 234.1115 3.1" 5.m.<<1 9....'1{. . T olet palfMtfraa.klenl rll'WeflUII $8,504,198 $10,000,546 ($1.....:>411) -15.9% $03........ $92,110.279 ($8.110,614) -8JI'" $85,876,303 -2.2% lli>o2wlll 5 Governmenlal & PorJCY Dlacounl 3,717.... ".857,713 (1.61.,805) .22.2" 39.82'2.8-48 .....683,891 (4,861,0<19) -10,9% 41,018.7-42 ~2.9% . Ch....ily Calo 0 20,833 (20,833) .fOO.~ 100 141 187.500 (87.359) .46.... 137.807 -27.3% 7 Total dBductloo from r8Y8fl\l8 $3.777.908 $4.876.548 C$1.100.638} -22.M'. $39~ $44,871:3.1 1;.I,.....:408i -11.0% $41 , 156,549 -3.0% . Net pallenUrnld8l11 revenue $-t,n6,1!89 $5,122,000 ($395,711) -7.7% '44,076-,077 $47,238,88-2 ($3,162,205) -8.1" $<<,719,154 .1.4% . other operating nMJI1UII& 101.564 108J)82 (7,01$) 06,5% ....964 918,339 38,6.45 4.~ 917,010 4:4% 10 Net operating ravenulI $01,827,663 $5.230,582 ($402,n9) .7.7% $45,033,660 $48.157 ,221 ($3,123,581) -6.5% $015,636,764 -1..3% ~ 11 SlllBfles $2,393,785 $2,406,594 ($12,810) -0,5% $22,093,082 $22.015,107 $77 ,975 0.4% $19,510,530 13,2% 12 Empl:ovoftBenolUs 515.179 5n!>,37 (.7,788) .8.3" 4,786,815 5,193,120 (404,505) -7.8% 4,933.g83 -2.9% 13 Prof_aKmaI and Medical Felinl 327.264 431,069 (103,605) -2".'" 3.235,056 3,878,560 (643.605) ~18.8% 5,253.670 -38."'" 1. U1i1tli1!Js, Minos ConlrDCts & RflfJoll.lrR 260.862 284,042" (23,562) -8.3% 2,176,954 2,193,505 (1',551) -0,8% 2,079,643 ",7% 15 Food, 0rug8 & SUptllHU 649,645 718,m (till,133) -9.6% 6,261~339 6,816,673 (554.28") -S"" 6,51tI,623 -4.8% 16 OUMJr 6Xp8rn1e 141,393 175,8<10 (34,,,",1) _19.6% 1A1Q,47" 1,582,<118 (171,94") -10,K 1..469,455 ....0% 17 Mlnno80la Call' 51.774 77,618 (25,1144) ~33.3% 590.196 ....,581 (108,371) -16.5% 516.-458 ,",3% 18 Bad doh! 206.373 127,678 78,695 61.6% 1.490,"'5 1,149,10.4 341,311 29.7% 1,101,511 35.3% 19 mtorest 68,006 59,324 6,684 11.3% 569,599 543,212 26,3S7 ..... sn.m ..(U~% 20 DepreclaUon 307.281 329,0904 (21,813) -6.6% 2,l!i13,S27 2.s.t".877 (36,250) .1.4% 2.247,171 16,3% 21 Tolel expenses $4.929.503 $5,103.:l8!l ($2~.822) --t.9% $45.230,.407 $46.nO.143 ($1.489,736) -3.2% $44.261.789 2.2'Y- EXOElsa of nel operating revenuo 22 over (undftr) opel'eUng ellpCnlelli ($101.710) $47,197 ($148.90n .316.5'- C$198-.Hn $1.-437.078 ($1.833,825) .113.7~ $1,.374,976 .1-1".3% Nonooenrllnn RftYl'H1tj'~-I 23 IrtVUslmentlnocomft $46.1"" $-41.513 $4,831 11.2% $444.098 $i73.611 $70,<187 18.9% $460,080 -3.5% 2. Olher noooJ>e'fNing reVl'lflUft (nel) 36.966 30.196 6,770 22.4~ 266,96<4 269,433 (2,519) .0.... 159,119 111.." 25 PlazA ,15 Income I (Losl) 11.925 12.369 (4<1") -3.&% (54.895) 15,835 (70,730) -<148.7% 81.786 -188,8% 26 Toll'll nonopoi'l11lng fovenUEl $95.036 $84,078 $10.95& 13.~ $686,168 ;868.92' 1$2,761) ..0.4% $680,885 -3,6" 27 Nellncome ($6.674) $131275 1'$137,9.49) ~105,1'rt $459.<1'21 $2.09fl.OO7 ($1,636,586) -78,1~ $2.055,950 -n.7% 28 Pallenl days 7ff1 .08 (11) -1.4% 7,384 7,803 141.) -6.4cr. 7,643 -3.4% 29 Percent occupancy. budgol bttda . HOIpltal 013.'" 44.2% ~O.6% .1.4% .....3% 46.... .2.5% ~6.4% 45.... .3.... 30 Percmnl OOCIupancy-budgel bGdll. - Nur.aing Home 96.'" 90.2% '.6" 6.5% 95.8" 93.0% 2,8% 3.0'10 ....... 1.2% 31 FTE'lIi 46S.5 519.3 (50.6) .9.8% 492.9 519.3 (26.3) .5.1% -t97,4 .0.9% 32 Admissions (adjU:8lod) . Hospllal only 531 577 (46) .8.0% 6.171 6,536 (356) -6.6% 5.483 -5.7"fo b' 33 Expens88 (nel) p9l' admission (adJusled) . Hospllnl only 7.851 7,&76 "5 2.... 7,381 7,182 ,.0 2.8'% 6.804 8.5% 34 R\Wenue per adm/salon (adju$ied) - Hospital onty 14.673 16.085 (1.412) -8,Scr. ,.,584 15,426 (562) .3.~ 14,604 2.5% " 35 Net RevenUe poradmlsalon (adju~ed) ~ HoapIIaI only 7,903 7,848 55 0.7% 7.425 7,535 (110) -1.5% 7,192 3,2% n J6 Discounta SlIi II peroenl of (&\ISIlU8S .....4% "8.8% -4.4% .8.9% "7.5% 48.7% .1.2~ -2.4% 47.9% -0.6% U 37 FTell plJl" 100 lldmi5sioM (adJusted) - HospllaJ only 5.301 5.71 .a.37 ~6."% 5.30 \5.35 .0.06 -1,1% 5.05 6.0% J6 Dll')'5 In Nee AcCounls Receivabkl 82.7 60.0 2.7 4,6% 54.3 15.5% ,- 39 Operating Marg:ln Pefcftntage ~2.1% 0.9% .3.0'10 .333.5% .0."% 3.0" .:3.4% .114.~ 3.0'4 -114.5% --i- 4Q EBIOA 7.6% 9.... -2.3% .,3.6% 8.1% 11.0% -2,9% .28,4% 10.7% -24.3% t-":; :--. '-> F1NSTMNT07 Jds . . .007 ,0 I'M Fina' HUTCHINSON AREA HEALTH CARE Compllrtlllve Balanoo Sheet A& or September 30, 2007 (A) (8) (A) .(8) (A) (8) (A).(8) SEPTE~R AUGUST SEPTEMBER Cha".. SEPTEMBER AUGUST SEPTEMBER a..og" 2007 2007 2006 CYvspy 2007 2007 2006 Cy~py ~ llASll mES AND FUND BALANCES CUHen! AIl~etl!l CUl'renl llabitllltts 1 Cash Bnd Invl;ISlmti:nls . Operallons $9.786,902 $9,107,960 ~11.060.680 $ (1,273,778) CurT9f1tmalUl'illet.of 2 Cash Bnd inve1ilmonls . Self-Insured 1.525,995 1.517,10<1 1,504,691 21,304 long l!lrm deb! $1,369.365 $1.368.673 $1,348,025 $ 21,340 3 511blohll c8~h & hwoatmcnls $11,312,897 $10,625.064 $12.565,371 $ (1.252,474) AcCounls. payable. Imde 2,502,410 2.382,682 2.455,281 47,129 EslimQlcd oon\rBclual 4 PallentlResklenl receivables 26,201,655 27,450,692 23,639.966 2,661,669 .BtUlIrnenls.-nBl 1,805,770 2,229,823 1,175,878 529,892 5 A1lowancoa IOf bad deblll (8,063,<47) (7,859.744) (6,302.897) (1,760,750) Accl'ucd expenses . 6 Adva!lOMl And oontmolual aUowancos (8,800,440) 19.726,765) (7,671,011'47) (1.13-4.903) SaIQf\8$ 1,266,590 1,126,739 1.100,070 96,520 7 Net pAllontfrBSldool Ilnd thlrd-party PTO 1,761,306 t,806,4"1 1,7n,117 (10,811) 8 payor receivables $9,331,768 $9,004,183 $9,665-,842 $ (J3-4,074) Ihtereat 230,088 153,120 20<<1,578 (15,400) 9 SoU-insured proomme 37,~8 41,309 622;991 (584,993) 10 01nor (ocelvablM - net 162,895 201,546 38&,281 (203,386) "'''''' 193,870 200.528 187,627 6,2-43 11 lnvenlorles 1,315,520 1,3tI5.006 l,089,61f1 305,902 Oef8fredllalJllHlM 85,12" .fi6,134 7..,912 10.212 12 Prepaid e)lpensee 831.836 915,442 369,7lt5 462.051 Deferred revenue 76,823 63.789 1,367 75,466 13 T 01lill Currool Aasete $23,014,916 $22,991,240 $24,036,807 $ (1.021,t)81) Totar CUrrenll,iobtlllie$ $9.349,J,l(" $9.481.235 $9,073.848 $ 276.498 14 Board DftJ'llnllRll!dIFlmrfMI Deorec1alion Invtlstmeolll $6,806,005 $5,781,270 $5,633,059 $ 27VM6 15 InVf'lItlmnnlln Joinl Venlurell $1,061.582 $1,011 ,663 $1 ,039,980 $ 21.601 Plan!Ar;.!Wlto 16 lond $1,.of02,659 $1,<402,659 $1,019,788 $ 382,872 17 Bulldlng6 041.574,987 41,229.433 38,819,730 2.755,258 18 Accumulal9d depredation (18.498.889) (la.327 ,385) (16,528,71n 0,970.172) I Ono-tAflTl Doh! (htSI!. emronl ,. BtIlklln[J$ IttS5 deprBlJlatJon $23,076.098 $22,002.048 $22,291.G13 $ 785,086 malurltles) $18,0904,393 $18.093.148 $18;530,378 $ C435,9Ml 20 Equipment 21,307,314 21.156,699 19,083,589 2,223,n6 21 Accumulolod oopleclatlon (12,281,961) (12,108.758) (11,830,651) (451,130) 22 Equlpmuntlos8 depr.chdiorl $S1,025,333 $9,0047.9011 $7,252,737 $ 1,7n,59l5 23 Cons1ructlon In pfogfess 526.475 912,682 1.122.089 (595,614) 24 Toll'll Plant Assets $34,030,565 $34,286,330 $31 ,88M26 $ 2,34<,939 Fund RAl9nctt $38.525,387 $36.5'32,062 $304,758.270 $ 1.767.118 S -Qttu,rAssotll 25 Deferred nnanclng cost&: $56.058 $S6.ll43 S66,gJ2 $ (10.814) " / 26 Total Funds $63,96SI.125 $64.106.445 $62.36'2.493 $ 1.606.632 Total Funds $tI3.96\J.125 $64: 106 445 $62,362."93 $ 1.6Ol5.632 J L , "',.\ - FINSTMNT07..Ja Pam lRfl500 s o C) , J L ~. ~ . . .Rnal 112007 ~;39 PM K;\lJsef1;\FINANCE\2007brdrpl\APSUMM.xl~ , 1;"-' I , . c~/, IS" " S> ..:J \J\ . BALANCE SHEET SEPTEMBER 30, ~007 __~ * * * TOTAL * * * * ASSETS UTILITY PLANT - AT COST LAND & LAND RIGHTS DEPRECIA8LE UTILITY PLANT TOTAL UTILITY PLANT 4,179,787.43 102,830,596.83 1.9],010.38_4.26 LESS ACCUMULATED DEPRECIATION TOTALACCUMULATEDDEPRECI~TION (35,275,020.26) _t~_~,27~t,_02Q._ 29) CONSTRUCTION IN PROGRESS _TOTAL CONSTRUCTION IN PRQGRESS 1,891,183.57 1, 891. 183, ~7 TOTAL UTILITY PLANT DEPREe VALUE 73,626,547. 57 RESTRICTED FUNDS & ACCOUNTS FUTURE EXPANSION ~ DEVELOPMENT PA-YMENT.. IN LIEU OF" TAXES MEDICAL INSURANCE RATE STABILIZATION FUND - ELECTRIC RATE...STABILIZATION -FUND - QAS BOND & INTEREST PAYMENT 2003 CATASTROPHIC TOTAL RESTRICTED FUNDS & ACCOUNTS 259,772.46 6Q7.888. ~1 100,000,00 493, 547. 96 . <>4'ld;l;;'.. .6.7. 1,249,077.84 1, 000. 00 3, ~5:5, 419_, 64 CURRENT & ACCRUED ASSETS CASH IN BANK ACCOUNTS RECEIVABLE INVENTORIES PREPAID INSURANCE PREPAID MAINTENANCE AGREEMENT PREPAID GAS EXPENSE DEFERRED ENERGY COST - MISO CLEARING ACCOUNT SALES TAX RECEIVABLE TOTAL CURRENT & ACCRUED ASSETS " ~4_t,149_. 7':l 3,039.482. 17 L 610,389.51 60. 4_~3 _ 4~ 65,797.99 ;2,375.14 (4_4,5't6._Q3~ 12, 895, 79 40, S66. 81 10',,~;28',lE1. 00 DEFERRED CHARGE BOND DISCOU~T 2003 TOTAL DEFERRED CHARGE 541,090. Q9 541,090.00 TOTAL ASSETS 87, 8~1, 218.21. . l-: ,~;-i '",I ,.' I; i", 1.,1 I' , 1 j"' iJ I::: ~1 :",1 ,- !~:::! , , .,~,' -:U !~i .....J.,' l I I i'l I" I'. . P r."'. ,;;1 "I Ifll !:::- . , (;;' .--.., ';:> -----' \J\ . . lU/<::"'t/,c;.VVI "....'~, ,..,,~_.. BALANCE SHEET SEPTEMBER 30, 2007 * * * _~_ TOJ~b,_:l!_* .. * MUNICIPAL EGUITY ~ LIABILITIES MUNICIPALEGUITY MUNICIPAL EQUITY UNAPPROPRIATED RETAINED EARNINGS TOTAL MUNICIPAL EQUITY 54,008.489.95 2,915,826. 69 ~6,~9241 316. 64 LONG TERM LIABILITIES-NET of cUReENT MATURITIES 2003 BONDS TOTAL LONG TERM LIABILITIES 27,805.000.00 27,805,000,00 CONSTR CONTRACTS ~ AceTS PAY RETAIN ACCRUED EXPENSES - RETAINAGE TOTALLONSTRUCTIDN &...ACCTS ~AY 107,671.74 _ __JQL'd67J, 7':l CURRENT & ACCRUED LIABILITIES ACCOUNTS PAYABLE ACCOUNTS PAYABLE - MISO INTEREST ACCRUED ACG.TS__PAYA8LE_TO _CITY OF J:IUTCHINSON_ ACCRUED VACATION PAYABLE ACCRUED MEDICAL FUND ACCRUED_ REC_ PAYMENT ACCRUED SEVERANCE CUSTOMER DEPOSITS OTHER ."CURRENT &. ACCRUED LIABILITIES_ TOTAL CURRENT ~ ACCRUED LIAB 1. 9Z5.'_44Z. 7_2_ 215,864.60 377,471.85 2~9, 2~~,!} 228,732.74 (:305,021. 35) ~7, L~1.:._.;;:4_ 18,482.44 197,018.51 (~_L~J..~._09) _ _ _ 3,014.229.83 TOTAL MUNICIPAL EQUITY &LLAE_ 87, 85}, 218. ~1 . I~ '---' 1'\ j" :'.l 'LI'., ,1,-' '7'{ . INCOME STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY SALES FOR RESALE NET INCOME FROM OTHER SOURCES SECURITY LIGHTS POLE RENTAL SALES - GAS NEW ULM TRANSPORTATION TRANSPORTATION - ELECTRIC DIVISION TOTAL OPERATING REVENUE OPERATING EXPENSES PRODUCTION OPERATION PRODUCTION MAINTENANCE PURCHASED POWER OTHER POWER SUPPLY TRANSMISSION OPERATION TRANSMISSION MAINTENANCE ELECTRIC DISTRIBUTION OPERATION ELECTRIC DISTRIBUTION MAINTENANCE PURCHASED GAS EXPENSE GAS TRANSMISSION OPERATION GAS .TRANSMISSION MAINTENANCE GAS DISTRIBUTION OPERATION GAS DISTRIBUTION MAINTENANCE CUSTOMER ACCOUNTING & COLLECTIONS SAl.ES EXPENSE ADMINISTRATIVE & GENERAL EXPENSES DEPRECIATION CONTRIBUTION TO CITY PAYMENT IN LIEU OF TAXES TO CITY ROADWAY LIGHTING TOTAL OPERATING EXPENSES OPERATING INCOME OTHER INCOME OTHER - NET INTEREST INCOME MIse INCOME GAIN ON DISPOSAL - GAS LOSS ON DISPOSAL - ELECTRIC TOTAL OTHER INCOME g-- ~ I'.' ,~ ~ i'-h OTHER EXPENSES MIse EXPENSES INTEREST EXPENSE TOTAL OTHER EXPENSES NON-OPERATING INCOME NET INCOME . STATEMENT OF INCOME ~ EXPENSES SEPTEMBER 3D. 2007 PREVIOUS. YEAR TO DATE 20,823,131. 52 781,484.63 196,e~6. 48 8,160.00 1,666.50 8,659,687.30 493,216.46 825,00:2.00 31,,789, 194.91 2,771,371.91 249.690. 56 1~, 922, 449.31 244,347.14 '1,958.20 5,329.48 . 23.1.,_361. 61 109,482,29 6,778.887. '51 :52,7.32. 52 6,229.24 :275,761. 08 59L789.. 97 237,06595 193,834.47 1, 680, 189. 62 :2,285,9;28.00 767,031. 25 ..00 .00 28. 873' 440. 11 2,915,754.80 88,:244.49 133,349.81 7'50, 113. ;22 129,7402. 9~ (10.895.94 ) 1, 090. 554. 53 82,922. 04 874,055.27 956,977.31 133,577.22 3.0'49,332.02. _c.uRR~NT YEAR TO DATE 21,290,779.73 L 667, 914. 74 1941527.24 8, 507. 50 1,666.50 9,43A._9l8.,27 532,192.48 824,999.99 33,955,506.45 3,437,191.16 267,591.84 13,3:24, 186. 58 23.7.t ~Qa,--e5 493. 58 2,162.13 2~O,.,67Q,.2~. 200,749.89 7.624,819.99 _61. ~IO. 29 ,. 301. 93 283.975.79 77,910.63 240,80308 221,281.11 I. 862, 0.311. 76 2,206.358.28 .00 807.,. .8.88.. " 64. 146. 18 31, 165,988 83 2.789,517.62 9,2.096.87 193.019.77 778,454.77 .00 .00 1...063.571.41 80,:;298.94 e~o,963. 40 937,262.34 126,309.07 ~,915, 826. 69 aVD9UED YEAR TO DATE 21,197,576.79 672,000.00 150, oop, 00 1 L 250. 00 2,250.00 8,;:3:52,624.28 525,00000 825,000.00 31,735,70107 2,729.0:31.72 352,87'000 12,982,651.62 24Q,.z~O. 99. 2,2~0.00 4, '00. 00 249,900.0.0 152,625.00 6,638,447.29 61, 4g5..Q.Q 34, 125. 00 307,338.00 .106, 125. 00 242,625.00 265,350.00 1,838,053.50 2.:;206,3!58.21 .00 eO? ,eEl~I._ ~9 96,21'1'.026 29,318,538.09 2,417.162.98 52, 500. 00 150,000.00 5QS, ]q:::J:. _QO .00 .00 771. 225. 00 81,000.00 855, 113, 4~ 936, 113. 45 (164,888.4:5 ) 2,252.;;!74. ~3 .~\JD~E;T DEVIATION 93,202.94 995,914.74 44,527.24 (2,742.50) (583.50) L o.82,~9~. 99 7,192.48 C. 01) 2,219,805.38 {7_0a, 1_:59. 44) 85,28~. 16 (341. 534. 96) _. 3-, 5~!. ~.:5 1, 7~6. 42 2,337.87 9'.229.75 (48,124.89) (986,37.2.70) 214.71 028,823.07 23,362.21 28,214.37 1, 821. 92 44,068 89 (23,985,26) (.07) .00 (.02) 302,073.08 (1; 847, 450. ?4) 37'2.354.64 39,596.87 43,019.77 2.09,729,77 .00 .00 292,346.41 70.1.06 (1.849.9:5) (1,148.89) 291,197.:52 668/552. 16 . ,.- ANNUAL BUDQET 27,891,548.40 700,000.00 200,000,00 15,00'0.60 3.000.00 12,.~8::3_' ~71,. 00 700.000.00 1, 100.000.00 42,892.819,40 3, 286, 877_. 37 470, 500. 00 17,082.436.34 321.000.00 3, 00.0." 00' 6;000.00 333,.;?00.00 203. ,60. -bo 9,762,422.48 81. 900. 00 45, Sbb'. 00 409.784.00 141,500.00 -'323,- ~bO. 00 353.800.00 2,450,738.00 2,941, 810. 95 .00 1,077,184.65 - 128,292.' 35 39,422,946. 14 ., ., '1 3,469,873. ~6 ',.i 70/000.00 200,000.00 7,58;390.00 .00 .00 1, Q2?, 39.0. 00 "" 108.000.00 1.140.1:51,. 26 L 248,151.26 C219. 851,. 26) 3,250,022.00 RESOLUTION NO. 13291 CITY OF HUTCHINSON . RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Corn Bag film - 28,000 28,000 Resale Creekside Yes. Direct Plastics Group Bag film 44,800 Resale . Creekside Yes Direct Plastics Group colored mulch-44,800 e following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Motion Made By: .conded By: Resolution submitted for Council action Kenneth B Merrill, by: Finance Director Date Approved: November 13,2007 eoCb) I RESOLUTION NO. 13291 CITY OF HUTCHINSON . RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE . DEPT. BUDGET VENDOR . Corn Bag fihn - 28,000 28,000 Resale Creekside Yes Direct Plastics Group Bag fihn 44,800 Resale Creekside Yes Direct Plastics Group colored mulch - 44,800 e following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Motion Made By: .conded By: Resolution submitted for Council action Kenneth B Merrill, by: Finance Director Date Approved: November 13, 2007 lo(b') I . . . PUBLICATION NO. ORDINANCE NO. 07-0480 AN ORDINANCE OF THE CITY OF HUTCIDNSON, MINNESOTA VACATING UTILITY AND DRAINAGE EASEMENTS LOCATED BETWEEN LOTS 4 AND 5, BLOCK 2,GOEBEL'S ADDmON 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 between Lots 4 and 5, Block 2, Goebel's Addition. Section 2. That the utility and drainage easements to be vacated are described as follows: DESCRIPTION FOR PROPOSED EASEMENT VACATION LOT 4 and 5, BLOCK 2, GOEBEL'S ADDmON: Vacate part of the 6.00 foot wide drainage and utility easement lying westerly of and adjoining the east line of Lot 4, Block 2, Goebel's Addition according to the recorded plat thereof. The north line of said part of the easement to be vacated being the south line of the North 20.00 feet of said Lot 4 and the southerly line of said part of the easement to be vacated being the northerly line of the Southerly 10.00 feet of said Lot 4. Also, vacate part of the 6.00 foot wide drainage and utility easement lying easterly of and adjoining the west line of Lot 5, Block 2, Goebel's Addition, according to the recorded plat thereof. The north line of said part of the easement to be vacated being the south line of the North 20.00 feet of said Lot 5 and the southerly line of said part of the easement to be vacated being the northerly line of the Southerly 10.00 feet of said Lot 5. Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 13th day of November, 2007. ArrEST: Gary D. Plotz City Administrator Steven W. Cook Mayor loCb') d.- 'N89"33':5I"E 214.44 - - - /;1 S89"35'09"E 7.74 I I I I I lco v 1.0 I<D I~ II'l ~ ~ I I I I I I I . FIRST ADDITION TO HUTCHINSON INDUSTIAL DISTRICT 2 I 3 I 4 I 5 _ _ L _ _ ~ ~~'~ ~~;:,~~ ~ ~ ~:,_ FIFTH AVENUE Sf (FORMERLY ARCH STREET) :' I 589045 '39'E 531.33 (doe<! 528.00) ; :g 'ENUE SE ~. ~ N89'33'5 E 205.00 li N89'33'5'"E 205.00 'Elj I II II I II II I II II BlOC~ 2 I, II I II ~ I I 3 : I '\ .\ .~ I I ~ ')\ ~ _~SSC'\I ~ ____ :____ ~ I 0\>-'v~ liS :" 1 b~s lip 9 s11 IIUi '" II LOT t 5 II II II II II , I .J L ~"~'''<' II ~"-'<>!~ ~o.ldo L R - -d"~~ J...:.2~1 -567958 . ~'.r/in.. . . L-77a 15 ^ [) -----c:. , . L..:;' 7051 '00' ,AIL _________ _ ~-- - - - - - - - - - - --==--- - ------ - LOT 13 ~. '?--~ ~.\ \0 4 5 ~ -2"4'52' l"222.81 --- I I 6 '" '" - "! cE'" ...- .; o Z .,. "' , - '" ,..: '" . .... . ~ c - 0 - "" o u . . '" E_ - 0 .. .,. o , w_ ~ E I . '" --~+ ------ - ---- ------- '8.94 -- --l we b-)~ . . . PUBUCATION NO. ORDINANCE NO. 07-0481 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA V ACA TING A PORTION OF THE UTILITY AND DRAINAGE EASEMENTS LOCATED IN LOT 2, BLOCK 2 HUTCHINSON }'ll"l'H A VENUE INDUSTRIAL PARK 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 a portion of the utility and drainage easements located in lot 2, Block 2, Hutchinson Fifth Avenue Industrial Park. (1150 - 5th Ave. S.E.) Section 2. That the utility and drainage easements to be vacated are described as follows: Vacate that part of the drainage and utility easement, dedicated in Lot 2, Block 2, Hutchinson Fifth Avenue Industrial Park, according to the recorded plat thereof bounded as follows: On the north by the south line of the North 260.00 feet of said Lot 2. On the west by the west line of the East 340.00 feet of said Lot 2. On the south by the south line of the North 310,00 feet of said Lot 2. On the east by the west line of the East 20.00 feet of said Lot 2. Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 13th day of November, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor (o(D)3 . . . Oakland Cemetery III Hassan Street SE Hutchinson. MN 55350 Phone: 32().234M55 Fax: 32().234-5644 November 7, 2007 To: Honorable Mayor and City Council members John Olson, Public Works Manager ~ Floyd Groehler, Cemetery Supervisor From: CC: Subject; 2008 Cemetery Rates From the very beginning of the 2008 budget process, it was apparent that there would be significant pressures on the Public Works Department's general fund budgets. After generally reviewing potential expenditure reductions and revenue sources throughout the department, staff further reviewed cemetery rates. . Oakland Cemetery has always maintained very high standards with regard to customer service, maintenance of the cemetery, and has worked hard in recent years to expand the options available to customers. Much of this work has been made possible through use of perpetual care funds, through generous donations from community members, and through expansion of the Cemetery's commemoration activities. Staff determined that it would be in the best interest of the Cemetery to increase fees to ensure the Cemetery's high standards are able to be maintained into the future. Increased fees also reduce the pressure put on other general funds used to support cemetery activities. With the increased fees, as has been past practice, the General Fund will continue to support approximately one full-time equivalent employee. In order to provide for these goals and offset generally increasing costs, the average increase in Cemetery fees will be approximately 15%. Attached is the fee schedule that is proposed beginning on November 16, 2007 - the beginning of the Cemetery's winter season. I will be available at the November 13 City Council meeting and will address any questions you may have. Att: Proposed Cemetery Rates (2008; beginning November 16,2007 winter season) Proposed Cemetery Budget Cc, C C) . . . City of Hutchinson, MN Public Works Rates - 2008 Approved by City Council_/__/ Flush marker arave space $ 55000 $ 650,00 DeroraV8 soace 18.2% Uoriaht memorial arave snace $ 750,00 $ 850,00 pernraVllsn<lce 13.3% Second riaht of interment $ 300,00 $ 350.00 osrarilveS03ce 16.7% Babv section nrave snace $ 100.00 $ 115.00 nernraveS"<O.('>8 15,0% Flustl marker cremation arave soace $ 350.00 "ef arEl"'~ soacs ,fa Unrinht memorial cremation-;;rave space $ 850.00 "er"raveSP'"l.-V"e ,fa Cremation arave space $ $ nerl1ravesoace - 300.00 350.00 16.7% Columbarium Niches .. Unit G - (UDDer 3 rowS) $ 1,100,00 $ 1250.00 nerniche 13.6% Unit G - fLower 2 rows\ oerniche -- $ 950,00 $ 1,100.00 15.8% Unit E. - IUnner 3 rowS) $ 1,200,00 $ '1400.00 nernict1e 16.7% Unit E - (Lower 2 rows' $ 1000.00 $ 1100.00 nerniChe 10.0% Replacement Bronze Plaque $ 250.00 $ 300.00 each 20.0% Weekday interment $ 550.00 $ 650.00 ""rinlerrnenl 18,2% Weekend/Holidav interment '''''r interment -- $ 700.00 $ 800.00 143% Winter weet.day interment $ 650.00 $ 750.00 oer interment 15.4% - \{'{in.t~r weekend/holiday interment $ 800,00 $ 900.00 "ef interment 12.5% -- Weekday Babv interment $ 200,00 $ 250,00 oerinlerment 25.0% Weekend/Holiday Baby interment $ 350,00 $ 400.00 nerlnterment 14.3% -- ~.,!,!~ekday Baby inlermcnt $ 300,00 $ 350,00 per interment 16.7% Winter weekend/holidav BabYlIlterment $ 450,00 $ 500.00 "erinlerment 11.1% - Weekday cr'emation inter-ment $ 25000 $ 300.00 perlnlermenl 20.0% ~.nd/Holidav cre~nation intemlent $ 400.00 $ 450.00 rn;r interment 125% Winter weekday cremation interment $ 350.00 $ 400.00 ner interment 14.3% - Winter weekend/hol{d~ cremation interment , 500,00 $ 550.00 nerintermont 10.0% Vaulted cremains- (additional charne) , 150,00 $ 200,00 esrt>nuired 33.3% Meyinclude largo andlorurlusual urns ~~rqes (funerals arrive after 4 pm) $ 100,00 $ 115,00 asrl>lluired 15.0% Disinterment $ 1000,00 $ 1 150,00 oerdisinterment 15,0% No weekend, holiday, winter disinterment allowed Holdinn vault fee - $ 100.00 $ 115.00 as rsnuired 15,0% Free ifir.lerment at Oakland Cemetery .~tQ~e seltinq permit - $ 40.00 $ 50.00 oermemorial 25,0% Cemetery dced transfer $ 15.00 $ 15.00 - asrenulred 0.0% Chanel rental Iner 1/2 day) $ 15000 $ 200,00 asrQ{]uired 33.3% - Chaoellease var. var. utilil costs vec per h 0 ~ d i fl g V a u I t utili ties c os! Memorial Bench pronram Sinqle bronze nlanue $ 500.00 $ 50000 each 0,0% Memorial Bend! Proaram Double bronze plaaue $ 600.00 $ 500.00 eech 0,0% Memorial Bench Proaram Enaraved name/date ner snace $ 250.00 $ 250.00 oersoace 0.0% Commemorative Bench Pro"ram No memorial on bench' nlaced b" Cemt $ 2000.00 $ 2.000.00 each 0.0% Prices START at $2,000; actual price may be higher Commemorative Bench Pr';;-;:-am Recordina fee $ 50.00 $ 50,00 eech 0.0% Fortllosa not actually interred (scatlered elsewhero) Affidavit of Ownershio Claim of ownership bv decent of title , 40,00 $ 50,00 "'" 25,0% (" ~, . 't Ceme'tef1f Budget Form Department: Cemetery .. ....... .... " ..... ........... . .....j' Fund: General .<; . '. ..... , " (~.,1.vi, .' ...: ...t . . . '. 1 .... .... 2008 , " . ..,20~ " ,zqQ!! 2QQ1 ,~1lA1 Reques~<! ,;~>>,~r ..' . ..'l1~liI;llnt '(Ac:i~~)Ym\ Bu<!oet Budoet ,.r....:::r.':.:'....,..- Cateoorv Actual ActUal In~t. . IriClDec. REVENUES: 4005 Taxes & Penalties , , , - - - 0.00% 4050 Licenses - - - - -. - 0.00% 4070 Perm~s - - - - - - 0.00% 4100 I nteraovernmental - - - - - 0.00% 4250 Charaes for Services 70.449 105,538 35,495 77,765 9O,OOQ, 12235 15.73% 4400 Fines & Forfe~ures - - - - - - 0.00% 4450 Sales - - - - - - 0.00% 4620 Investment Earninas - - - - - - 0.00% 4700 Reimbursements 49 14027 5 - 25 25 0.00% 4800 Transfers - - - - - - 0.00% TOTAL REVENUES .. 70 497" 119565 I.. 35.500 77765 90 025 "'<'12260 . 'i91{:'I"I'.% EXPENDITURES: 6105 Salaries & Frinae Benefits 91427 91134 41,035 101,837 102,736 899 0.88% 6200 Suoolies, Reoairs, Main!. 16,694 12826 2876 10,400 12,300 1,900 18.27% 6300 Consultina - - - - - - 0.00% 6306 Services & Charaes 14,435 20,364 9.168 19218 19,645 . 427 2.22% 6600 Debt Service - - - - - - 0.00% 6700 Transfers - - - - - - 0.00% 6900 Misc. Exoenses 261 234 341 490 355 (135 -27.55% 7000 Caoital Oullav 24,128 30,757 14,032 10.815 9700 (1115 -10.31% TOTAL EXPENDITURES 146 945 155.315 67 451 142;'160 144 736 . 1;117& ,....'1:3$% DIFFERENCE BETWEEN REVENUES & EXPENDITURES 176 4481 (35 751) 131.951\ .164'9951 /5471H I., 10264 . . -16% Full Time Employees (FTE): 2007 2008 POSITIONS (FTE's) Actual Requested Cemetery Supervisor 1.00; 1.00 0.251 -- u Administrative Secretary (Public Wks.) 0.25 TOTAL '.' ... "." , 't-2Q.! '-'. 1.2li. . ,. c. ." ' 91 (I,e ( ) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer Randy DeVries, Water/Wastewater Manager RE: Consideration of Improvement Project Change Orders DATE: November 13, 2007 As construction has proceeded on the below listed projects there have been additional work, project scope revisions, and construction staging revisions. All of these items have been identified and deemed necessary to satisfactorily complete the projects. The following Change Orders are proposed to address these items: o Change Order No.9 - Letting No. 2/Project No. 06-02 - Water Treatment Plant Miscellaneous work increases/decreases and the updating of the completion dates. Regarding the completion dates, substantial will be revised to February 1. 2008 andfinal to May 15, 2008. The project cost increase for this Change Order is $72,929.00. o Change Order NO.2 - Letting No. ll/Project No. 05-13 - WfP Biological Treatment System Some biological treatmem system installation items coordinated during COn!itruction of WTP. Thus. transfer of work to Gridor contract is required and accounted for within Change Order No. 9 forLetting No. 21Project No. 06-02. The project cost decrease for this Change Order is $44,261.00. o Change Order No.2 - Letting No. 2/Project No. 07-02 - Hulchinson Dam Replacemenl Accounts for additional silt removal and suhgrade stabilization measures. The project cost increase for this Change Order is $14,322.30. Revised Construction Contract amount of $996.872.15 which is slightly below the $1.000,000.00 construction funding allocation. We recommend that the above Change Orders be approved in the amounts listed. cc: Gary Plotz, City Administrator wee ') 7& She;t 1 011 . aRACTOR: Item No. Spec. Ref, 49 50 57 58 61 - NET INCREASE CITY OF HUTCHINSON - ENGINEERING DEPARTMENT.. ,..~, ... 111 HASSAN ST SE, HUTCHINSON MN 55350 (320) 2344~09' . . .': ( . . c' CHANGE ORDER Nft~V' '. . ...c>:<'~;ji:11ft312007' lettlnQ No. . ProlectNo. . 06-02 Water Treabnent Plant . PREVIOUS ADDITlONSIDEDUCTlONS THIS ADDITIONltlEgYCTION Grider Construction Inc 3900 27th St SE Buffalo MN 55313 P: 763-559.3734 F: 763-559.3736 Project location: DESCRIPTION OF CHANGE: Numerous additions and reductions as listed below. 2 Item Name Add DO effluent probe signal into 101 panel to provide add~lonal control to 101's system through a timely path. Compressor/Blower room equipment wiring revisions to solve electrical concerns between equipment provided by Seller and electrical codes and requirements. Relocate flow control valves for blofittration process train to provide 101's process with additional system pressure to Increase oxygen transfer efficiency. reduce the amount of excess air being used by the process. and generally optimize the process train. Add backwash piping to foute flow per manufacturer's requirements to allow backwash flow from filters to drain by gravity to the sewer. The existing pipe routing was maintained to allow the operator to select the flow path in order to seed and maintain the wetland. Additional air release valvaing on blofiltration vessels to provide capability to relieve additional volume of air to allow the 101 process vessels to remain full of water, operate as designed, and generally optimize the process train. Unit Unit Price Amount $893.00 $5,949.00 $28.577.00 $28,668.00 $8,842.00 . $72,929.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted In the amount of $72,929.00 (add)l(ded~Gtl. An extension of -0- days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL CONTRACT AMOUNT $10,420,000.00 Quantity LS 1 $893.00 TOTAl $10,850,975.00 Approved by Hutchinson City Council on November 13, 2007. . LS 1 $5,949.00 LS 1 $28.577.00 LS 1 $28,668.00 LS 1 $8,842.00 $358,046.00 $72,929.00 [0 Ce) . . . CHANGE ORDER NO. .2 Owner City of Hutchinson Project Water Treatment Plant ReoJ.ac.ement Owner's Contract No. I..ettioll No 02 / Proiect No. 06-02 Date of Contract Start March 20 2006 Date November 13 2007 Contractor Gridor Construction $10 420 000.00 You are diTected to make the following changes in the cOntract Documents. Desmntion of Cham<e Reauest: Change Request #49: Add 00 effluent probe signal into illl panel ArnOWlt $893.00 Change Request #50: CompressorlBlower room equipment wiring revisions. AmoWlt S5,949.00 Change Request #57: Relocate flow control valves for biofiltration process tram. Amount $28,577.00 Change Request #58: Add backwash piping to route flow per manufacturer's requirement.<l. AmOlmt: $28,668.00 Change Request #61: Additional air release valving on biotiltrarion vessels. Amoilllt: $8,842.00 Reason for Chanll:e Reoueg1:' Change Request #49: Signal provided additional control to IDl's system through a timely path. Change Request #50: Solve electrical concerns between equipment provided by Seller and electrical codes and requirements. Change Request #57: Provide IDl's process with additional syslem pressure to increase oxygen transfer efficiency, redoc.e the amOWlt of excess air being used by the process, and generally optimize the J:filCCss train. Change Request #58: Allow backwash flow from filters to drain by gravity to the sewer. The existing pipe routing was maintalned to allow the operator to select the flow path in order to -seed and maintain the wetland. Change Request #61: Provide capability to relieve additional vohnne of air to allow the IOI process vessels to remain full of water, operate as designed, and generally optimize the process train. Attachments. 1) Pricing information (Change Requests 49, 50, 57, 58. & 61] from the Contractor. L:\worklhutch\92111 \projmgt\Change Orders\Change Order #9 (Proposed).doc CO-9 [0 (e) . . . CONTRAer PRICE Ori.ginal: Previous CO.s (ADD): Th~ CO. (ADD), Contract Price with all approved Change Orders: $10 420 000.00 S 358046.00 $ 72 929 00 S10.850 975 00 Original: Previous co.s: This e.o.: REVISED, Original Completion Date: Revised Completion Date: CONTRACT TIMES (Ca5eDdar nates) Substantial Final Comoletion Conmletion Feb. 28. 2007 No time Arlrll"il 338 daYS 338 dayS Feb 28 2007 Feb. I 2008 JlU1e 30 2007 No time addeH 320 dayS 320 dayS June30 2007 Mav 15 2008 It is agreed by the Contractor that this Change Order includes any and all costs assodated with or resulting from the change(s) orde:rN herein, including an impact, delays" and acceleration costs. Other than the dollar am(lImt and rime allowance listed above, there shalll:x: no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED, By, Engineer (Authorized Signature) Dat, APPROVED, By: Owner (Authorized Signature) Date ACCEPffiD, BY' Contractor (Authorized Signature) Date L:\worklhutch\92111\projmgt\Change Orders\Change Order #9 (Proposed).doc CO-9 Earth Tech,lnc. 92111 Project Numl>e. 9 Chang' Order No. laCe) .....~ ~~ ;><_ t af'1 .NTRACTOR: CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSANST SE, HUTCHINSON MN~53~O (320) 234-4209 CHANGE ORDERNe/2 . DaIed: 1111312007 Infilco Degrernont 8007 Discovery Dr Richmond VA 23229-8605 Letting No. 11 Project No. 05-13 Water Treatment Plant Project Location: DESCRIPTION OF CHANGE: Miscellaneous deductions as listed below. Item Spec. No. Ref. Item Name Unit Quantity Unit Price Amount DECREASE ITEMS: Add effluent DO probe signal into IDI panel to provide edditional control to IDI's system through a 49 timely path. . Lump sum 1 ($893' ($893 Compressor/Blower room equipment wiring revisions to solve electrical concems between equipment provided by Seller and electrical codes 50 and requirements. Lump sum 1 ($5,949) ($5,949) Relocate flow control valves for biofiltration process train to provide IDI's process with additional system pressure to increase oxygen . transfer efliciency, reduce the amount of excess air being used by the process, an generally 57 optimize the process train. Lump sum 1 ($28,577) ($28,577) Additional air release valving on biofillration vessels to provide capability 10 relieve additional volume of air to allow the IDI process vessels to remain full of water, operate as designed, and 1 generally optimize the process Irain. Lump sum 1 ($8,842 ($8,842 . TOTAL DECREASE ITEMS . ($44,261 NET DECREASE ($44,261 In accordance with the Contract and Specifications, the contract amount shall be decreased In the amount of $43,118. An extension of -0- days shall be allowed for completion. The original completion date shall not be changed. I . ORIGINAL CONTRACT AMOUNT $1,273,725 PREVIOUS ADDITIONSlDEDUCTIONS . ($33,548) THIS DEDUCTION TOTAL ($44,2611 $1,195,916 Approved by Hutchinson City Council on November 13, 2007. wee) . . . CHANGE ORDER NO. ~ (Biofiltration Procurement Contract) Owner City of Hutchinson Project Procurement of Biolol2'ical Iron and Ammonia Filtration SYStem , Owner's Contract No. Lettimz No.1 t {Proiect No. 05-]3 Date of Contract Start June B. 2005 Date November 13 2007 Seller Infilco De1rremont. Ioe Contractor Gridor Canst Inc. You are directed to make the following changes in the Contract Documents. Descriorion ofChanl!'e Reouest; Change Request #49: Add effluent DO probe signal into illI panel. Amount: -$S93JJO Change Request #50: CompressorlBlower room equipment wiring revisions. Amount: -55,949.00 Change Request #57: Relocate flow control valves for biofihration process train. Amoilllt: -$13,577.00 Change Request #61: Additional air release valving on biofiltration vessels. Amount: -.$8.841.00 Reason for Chan~ RecllleSt: Change Request #49; Signal provided additional control to 101's system through a timely path. Change Request #50: Solve electrical concerns between equipment provided by Seller and electrical codes and requirements. Change Request #57: Provide IDI 's process with additional system pressure to increase oxygen transfer efficiency, reduce the amoWlt of excess air being used by the process, and generally optimize the process train.. Change Request #fJ1; Provide capability to relieve additional volume of air to allow the IDI process vessels to remain full of water, operate as designed, and generally optimize the process train. Attachments: 1) Pricing infonnation [Change Requests 49, 50, 57, & 61) from the Contractor. L:\worklhutch\92 1 I l\projrngt\Change Orders\Change Order #2. IDI (Proposed).doc CQ-2 lO(e) . . . CONTRAcr PRICE CONTRAcr TIMES (Calendar 0."') To delivery To fmnishing ~ soecial services Original: Previous CO.s (DEDUCT): Th~ CO. (OEDCC1} Contrnct Price with all approved Change Orders: Marchl 2006 Feb. 24 2007 No time added No time added No rime added 342 daYS No rime added 342 davs March I 2006 Feb. 12008 March 1 2006 Feb I 2008 Original, Previous COs This e.O.: REVISED, $1273 725.00 $ 33548.00 S 44.261 00 $1 19591600 Original o,mpletion Date: Revised Completion Date: It is agreed by the Seller and Cootractorthat this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Otherthan the dollar amount and time allowance listed above, there shall be no further time or dollar-compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO TIlE CONTRAer AND ALL STlPULA nONS AND COVENANrS OF TIlE CONTRAer SHALL APPLY HERETO. RECOMMENDED, BY' Engineer (Authorized Signature) Date APPROVED: BY' Owner (Authorized Signature) IY.rte ACCEPTED, By' Seller (Authorized Signature) Date ACCEPTED: BY' Contractor (Authorized Signature) Date Earth Tech, Inc. 83356192111 Project Nwnb= 2 Change Order No. L:\work\hutch\921 I I \projrngt\Change Orders\Olange Order #2 . IDI {Proposed).doc COol liJ(C; . . . @ EarthTech MEMO A TlI'O Irrtematiooalllll. CQmpany November 6, 2007 To: Kent Exner, Randy Devries, Dick Nagy - City of Hutchinson Steve Lee, Gridor Canst. Copy: Mike Valentine, Earth Tech From: George Bender, Earth Tech Subject Blofllter Optimization Responsibilities The purpose of this Memo is to discuss the responsibilities of the required optimization work for the biofiltration system at the Hutchinson Water Treatment Plant. There are two major issues to be addressed although there are three specific change requests from the Contractor. The Owner has authorized the Contractor to complete the Work to allow the timing of the changes to not be affected by the payment discussions. DO Issues Part 1 - Relocation of the Flow Control Valves: IDI has verbally agreed to pay for half of the cost of moving the biofiltration flow control valves from upstream of the filters to downstream. IDI presented this offer because the system will function with moving only one valve and cost associated with moving both valves is approximately twice the expense of moving a single valve. However, Earth Tech does not believe the original design intent of the construction documents is being met by moving only one valve. The design intent of automatically controlled dual flow paths is to enable to WTP to continue to operate normally if one is disabled. Otherwise the plant will not be able to produce water because the RO process stream is not permitted to discharge to the distribution system without adequate blending. The methodology and history required to manually operate the biofiltration process if the relocated control valve is out of service will be lost as the Owner makes personnel changes over the service life of the facility. Earth Tech's assessment is the manufacturer should be responsible for the cost of moving both valves based on the requirements of the procurement contract. A design correction does not warrant allowing a major change to the functionality of the Owner's facility. Part 2 - Additional Air Relief Capacity: IDI has verbally agreed to pay for all of the changes required to provide the additional capacity. This included the additional valves. the interconnecting piping and drains, and the installation labor. L:\work\hutch\92111\tech\MemoET11062OO7 I Dl-ET responsibilities.doc wee) . Hutchinson WTP Biofilter Optimization Responsibiiities .:l!o.\'!l'ifli November 6, 2007 ~ Page 2 Filter Backwash Issue Backwash Piping Routing: We understand 101 currently feels they do not have any responsibility to help pay for the creation of an additional flow path to allow a complete gravity drain of the filter vessels during a backwash sequence. Earth Tech agrees the manufacturer has less reponsibiiity for this portion of the optimization than the 00 changes. However, in an email dated October 27,2005 from Jim Kunka to George Bender, 101 stated in their review of EarthTech's construction drawings they did not find any problems other than questioning why the air piping was not shown. Earth Tech's assessment is basically a communication oversight occurred between the manufacturer and the Engineer. Hence, some responsibility should be allocated towards each party. This portion of the optimization does provide the Owner multiple piping routes for the backwash waste to flow. The Owner will most likely desire to use each of these routes during the life of the facility. The Work adds value and functionality to the facility. The Owner should be responsible for that portion of this expense. . Conclusion Earth Tech believes the manufacturer is responsible for the expenses associated with the modifications required to optimize the 00 issues in the biofiitration process. Earth Tech shares responsibility as described previously for the backwash waste flow routing modifications, as should the Owner for the added value to their faciiity. If 101 agrees to contribute the full value of the 00 modifications; Earth Tech proposes the complete responsibility of the backwash routing changes be divided only between the Engineer and the Owner. This offer is primarily presented because open communication is viewed as a responsibility of all parties and as a means of resolving the cost responsibility of these issues. . @) EarthTech A. Tj'tO lrtematlonaJ Ltd. CmRpMy to C <2',) 1- CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350(320)234-4209 CHANGE ORDER NO. 2 ~lof1 . . Dale(I: 10131/117 . Park Construction Letting No. 2 I Project No. 07-02 23260 Main St. Suite 6 Contractor: Hampton MN 55031 Project Location: Crow River Dam z .. Work inlcludes removing silt material from the project site and hauling the material off site. Work also Includes fuming OW -C) and Installing Type V geotextile fabric beneath the granular filter rock upstream from the existing dam and downstream I-z ~~ from the sheet pile. Uu "'u, ~o Item No. Ispec. Ref.1 Item Name I Unit ~ Quantity ~ Unit Price ~ Amount II INCREASE ITEMS: 5.1 02300 Sill Removal CY 960 $8.50 $8.160.00 5.7 02375 Base Rock, Furnish and Deliver Tons 50 $48.50 $2,425.00 Type V Geotexlile Fabric - SY 1330 $2.81 $3,737.30 . . - TOTAL INCREASE ITEMS $14,322.30 DECREASE ITEMS: TOTAL DECREASE ITEMS $0.00 NET INCREASE - - - -- - I $14,322.30 I In accordance with the Contract and Specifications, the contract amount shall be adjusted In the amount of $ 14.322.30 (add)!(deduetl. An extenelon of -0- days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL CONTRACT PREVIOUS ADDlTIONSIDEDUCT10NS THIS ADDlT10N/l)I!l)IJCTlON TOTAL AMOUNT $946,349.85 $36,200.00 $14,322.30 $996,872.15 ~PPROVED: APPROVED: Contractor. Park Construction Co. City Engineer: Kent Exner R DATED: 11/1312007 OVED: APPROVED: Consultant: Barr Engineering Mayor: Steven W Cook DATED: DATED: 11/1312007 wCe) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Revised Assessment Roll No. 5083 - Cornerstone Commons DATE: November 13,2007 This assessment roll was originally adopted 01113/2007 in the amount of $46,240.00 for a five (5) year term with the first payment of $9,248.00 being made directly to the City in 2007. The 2007 payment has been received and therefore, for certification purposes, the assessrnent roll should be revised and readopted in the amount of $36,992.00 for a term of four (4) years. cc: Gary Plotz, City Administrator Locn . . . RESOLUTION NO. 13295 RESOLUTION ADOPTING REVISED ASSESSMENT ASSESSMENT ROLL NO. 5083 CORNERSTONE COMMONS WHEREAS, pursuant to resolution and waiver of hearing the Council has met and reviewed the proposed assessment of Sewer and Water Availability Charges on real property described as Lot 1, Block 1, Comerstone Commons, City PID# 31-117-29-14-0770, County PID# 23.477.0010, and to assess 100%of the cost of $46,240.00 to the Responsible Entity with the first payment of $9,248.00 due on the signing of the Agreement of Assessment, Waiver of Hearing and Waiver of Irregularity and Appeal, with the balance of said assessment in the amount of $36,992.00 payable over a period of four (4) years beginning in 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable as follows: 2007 payment of $9,248.00 due on the signing of the Agreement of Assessment, Waiver of Hearing and Waiver of Irregularity and Appeal and the balance in the amount of $36,992.00 payable over a period of four (4) years, the first of the installments to be payable on or before the first Monday in January, 2008, and shall bear interest at the rate of 4.97 percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1 , 2007 until the 31st day of December 2008. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 13th day of November, 2007. Mayor, Steven W. Cook City Administrator, Gary D. Plotz lo(t-) COMPILED"-' EXNER REVISED ASSESSMENT ROLL NO. SY! Wille $46 240.00000 ISTREET COSTIFF COMPUTED BY: K EXNER CORNERSTONE COMMONS 1ST HEARING: WAIVED CHECKED BY: P VANDER VEEN SEWER AND WATER AVAlLAlJIUTY CHAROI!S 2ND HEARING: WAIVED NUMBER OF YEARS: 4 ADOPTED: 0211312007 INTEREST RATE: 4.97% READOPTED: 11/1312007 Accr. CITY PID NO. NAME & ADDfU!SS . l!GALDI!SCRlPTlON . . mm. cmIT l'OR~ TOTAj..~rm. NO. COUNTY P1D NO. Oil PftOpeftT'y OWNER ADDITION Oft 8U!lDMSIOM IIfIT ~"T -PAYltl&HT a!:~!$ "'00 1 31-117-29-14-0no CORNERSTONECOMMQNS 1M MAIN 5T N .. 75090 5T HWY" . .../ .... , 23.477.0010 HECTOR MN 55342 LOT 1, BLOCK 1, CORNERSTONE COMMONS 1 $46,2040,00 ."",......1\: . I 00 .. ... ... " . .... .. .. .. .. "" TOTAL -A8S!SSM!NT ROLL NO. aoao. LI!TTING.NQ. -4IPftOJ!CT Nos. 06.04 & OUl 1 UI' 240.00 (1I,24l.00) SH,H2:.oG Responsible Entity ll.~ee.a to pay saJd percentage, 8S may be determined by the Councll of tl1e CIty to be 8 falr apportionment of the costs of laid'i"llroverT'lel1t not 10 exceed $48,2-40.00 plue inter881, over II ~Iiod of five years, with 2007 payment of $9,243.00 due 00 th& &lgnlng of this Agreement and the I1lIl'lllIinder plJYable over 8 period Of four yel!lJ"$1Il4.97% b ,---..., -\I. J SA-508012005 LETTING NO. 4105-04 05-05JPAGE 1 OF 1 - . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Activation of Deferred Assessments - SA5059E & SA5079C DATE: November 13,2007 There are two parcels that have deferred assessments that require activation. The fust parcel is has a deferred assessment that is in a senior citizen deferred status. This property has been sold and no longer meets the guidelines for senior citizen and therefore should be activated. The second parcel was deferred until hookup to city utilities. This parcel is the location of Home State Bank presently under construction and has hooked up to city utilities and therefore should be activated at this time. cc: Gary Plotz, City Administrator (o(j) . . . RESOLUTION NO. 13294 RESOLUTION ACTIVATING DEFERRED ASSESSMENTS ASSESSMENT ROLL NOS. SA-5059E &SA-5079C (FORMERLY SA-5059 & SA-S079A) WHEREAS, the following properties have assessments in deferred status: Assessment Roll No. SA5059 SA-5079 County PID 23.230.0150 23.036.4500 Interest Rate 4.38% 4.97% CitvPID 07 -116-29-0Nl950 36-117-30-09-0030 AND WHEREAS, the City proposes to activate said assessments, with payments over a 1o-year penod at the onginal interest rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed activation of said assessments is hereby approved, and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against iI. 2. Such assessment shall be payable in equal annual installments extending over a period often (10) years, the first of the installments to be payable on or before the first Monday in January. 2008 and shall bear interest at the per annum rate shown above as set down by the adoption of this resoiution. To the first installment shall be added interest on the entire assessment from December 31,2007, until the 31st day of December 2008. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged ~ the entire assessment is paid by the 13th day of December, 2007: and owner may, at any time thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to the 31 st day of December, ofthe year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmiI a certified duplicate of this assessment to the County AudiIor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 13th day of November, 2007 Mayor, Steven W Cook City Administrator, Gary D Plo)z laC CJ ') . , . L . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Gopher Campfire Sanctuary Improvements Funding Source DATE: November 13,2007 As requested at the last CiIy Council meeling, City staffhas identified the funding source for the previously approved Gopher Campfire Sanctuary improvements partnership. Due to the nature of the proposed work being relaled to erosion, stormwater rate control and ponding, CiIy staffrequesls that Slormwater UtiliIy Funds be allocated in the amount of $15,000 for Ihese improvements. We recommend that the Stormwater Utility Funds in tbe amount of $15,000 be alloeated towards proposed Gopher Campfire Sanctuary improvements. cc: Gary Plotz, City Administrator eo (h) . . . TO: Mayor & City Conncil FROM: Kent Exner, City Engineer Dolf Moon, Director of PRCE RE: Consideration of Boat Landing Improvement Agreement with the Department of Natural Resonrces DATE: November 13, 2007 Recently, during Ihe river drawdown, City staffhas reviewed Ihe condition ofIhe boallandings at West River and Roberts Parks. City crews will be addressing relalively minor grading issues at each ofIhe landings. Also, DNR has offered to install concrete planks beyond Ihe existing slab at West River Park. To accomplish this improvement, a standard DNR "planking" agreement must be approved and signed. The DNR will provide Ihe planks and installation assistance at no cost to Ihe City. We recommend approval of the Boat Landing Improvement Agreement with Ibe DNR. ce: Gary Plotz, City Administrator toC \ ') .. . . . City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 RE: OTTER LAKE WAS WEST RIVER PARK This letter shall serve as an agreement between the State ofMlnnesota, Department of Natural Resources, hereinafter referred to as the "State", and the City of Hutchinson, hereinafter referred to as the "City" to allow the State to provide the City with concrete plank and connectors to be used in the construction of a boat launching ramp at the following location: McLeod County, Minnesota. The State will participate in this project when this letter is signed and if the following items are met: The City is the owner of the described property and bas the lawful right and authority to enter inlo the Agreement as mown 00 the attached deed and map and incorporated inJo this agreement as Exhibit A 2) The State will deliver the COJJaete planks Jo site fur installation. 1) 3) The ramp will be constructed according to the attached specifications (State File SOO.OOO30, Sheet 14). A 4) All additiooal COJJstructiOll materials (rock) will be provided by the City according to the attached specifications (State File SOO.00030. Sheet 140) and at no cost Jo the State of Minnesota. 5) The City shall be responsible fur applying fur a U.S. Corps of Engineers pmnit (if required) to work in protected Watm; and for complying 'with any State and Federal laws, regulations, roles and ordinances which may apply to thClll in connection with the development of the public access ramp. A State Public Waters pennit is not needed if the "criteria in Minnesota Rules Chapter 6115.0210 are met (see attached). No work shall proceed until the necessary permits are obJained. 6) The access must be open and free Jo the public for at least 16 hours a day between the hours of 4 a.m. and midnight, except in CIllergency situations or with the prior written consent of the State. T) The access shall have no launch restrictions placed upon boat size or engine horsepower except as adopted through surface use zoning regulations. 8) The State shall erect a sign stating that the Public Access fucilities are a cooperative undertaking by the City and the Department of Natural Resources. we \) . . . . 9) The State reserves the right to inspect the prmllses at all times to insure that the City is in compliance with the tenus of this Agreement 10) The City shall undertake the maintenance and upkeep of the prenrises and will keep the same in a reasonably sanitary, neat and safe condition. 11) The Stale reserves the rigbl to reclaim the cooacete planks if the ramp is not installed II maintained in a manner consistent with Stale standards and practices. Before any such removal, the State shall provide the City thirty (30) days written notice during which time the City may correct the sitnatim 12) Neither the State of Minnesota nor any of its officers, agents, or employees shall be liable OJI account of any claim, demand or cause of actiOJl made or brought by reasons of any alleged act or omissioo of the City. This policy shall be in furce fur the duratiOJl of the project and subsequent use of the filcility. 13) No work shall proceed until this agreement has been signed by the apjropriate City and IXpartment of Natural Resources personnel. t4) This agreement shall run with the land and bind any and all successors of the City. If this meets with your approval, please sign both copies and return them to me. You Will receive a final copy after the State has signed indicating acceptance. Sincerely, Bob Kaul Area 4C Supervisor Trails and Waterways Division I agree to the tenns of this agreement on behalf ofthe City of Hutchinson. Signature (City) Title Date Accepted for the State by Date Area Trails and Waterways Supervisor (oe,) . . . 50' (VARIES) BITUMINOUS OR (A 50' RMlP REQUIRES J8 PLANKS) AGGREGATES' 20' - 30' 2' SURFACE AS . START VERTICAL r SPECIFIED ~I ~~:~ AT FOURTH Cl~ I PLAN . TB'>'~"'-:rr...,W.,tE8..WW; _?8~fij ;, ! ~~ A ~ t @ ~ :K, Ja~~: m "- --- 2" - 2-1/2" WATERS EDGE CRUSHED ROCK A' ~. N ~ 4' WIDE IF NO DOCK t:i::::::1:::ril::\l~{:::}i:II;I:I:i:rjf ------- EDGE OF Cl~ GEOTEXTlLE IF BITUMINOUS, THICKEN TO 6" (3" LIFTS) AS SHOWN ~ MAX. GRADE ~ I TRANSITION SHAll VERTiCA L 4' BE 5% WlTHOUT A CURVE VERTiCAL CURVE TRANSITION 25" FOR RAMP lOX MIN. ax . APPROACH; ~CJaaao MAX. JJX 20'-JO' GRADE FOR <:Jaoo<:Joaa MiN. lJX 50' NOT TO A A' ~ - <:lOoaao<:Jo MAX. lax EXCEED 10% GEOTEXTlLE~. o"'!CJ<:JOO<:l<:Jo , MN/DOT TYPE IV .. ~ 4 I 6" CRUSHED .. I W I ROCK BASE '/. BOTTOM DOCK SIDE) ---L S _ S' TURN LAST THREE PLANKS DOWN AND INTO BOTTOM . 'f'..,..,' 5"CONCRETE PLANK 6" CRUSHED ROCK BASE (12" SHOULDER) GEOTEXTlLE .' ~. ",. CON~~C~OR~ BREAK-AWAY OET AIL CONNECTOR NOTES: . REINFORCED PRECAST CONCRETE PLANKS - 12' LONG, 12" \\IDE AND 5" THICK (APPROX. 750 POUNDS) \\ILL 8E FURNISHED BY THE DNR. . CRUSHED ROCK, 2" - 2-1/2" DIA_ SHALL BE USED FOH THE RAMP BASE, SHOULDERS, THE SPACE BET\\I:EN PLANKS, AND, IN THE CASE OF A DOUBLE RAMP. THE AREA BET'M:EN THE RAMPS. BUREAu or eNGINEERING MINNESOTA DEPARTMENT OF NATURAL RESOURCES CONSTRUCTION DETAIL l 12 INCH CONCRETE PLANK BOAT RAMP Hordcop.y [X] o-~lgner BRACKE . Do'. JAN 90 [)e.$iqn Unit/Re'ilKln Supr. (Intis) SITE DEVELOPMENT Revl3ion [)(]te(3! DEe 99 (S.8) SEPT 03 (S.B.) (,r\r> t'"Inf"'l7('o lYei) . . . CRAPTBR 61:15 DBPARTXBNT 011' HlI.TURAL RBSOURClIS PUBLIC WATBR RBSOURCBS (Extracted from Kinnesota Rule. 2002) 6115.0150 PURPOSB AND STATUTORY AUTBORITY. The purpose of parts 6115.0150 to 6115.0280 is to provide for the orderly and consistent review of permit applications in order to conserve and utilize the water resources of the state in the best interest of its people. In deciding whether to issue permits, the department is guided by the policies and requirements declared in Minnesota Statutes, sections 103A.201, 103A.208, 103F.101, 103F.105, 103F.205, 103F.351, 103G.297, 103G.305, and 116D.04. The proposed development must also be consistent with the goals and objectives of applicable federal, state, and local environmental quality programs and policies, including but not limited to shoreland management, floodplain management, water surface use management, boat and water safety, wild and scenic rivers management, water quality management, recreational or wilderness management, critical areas management, scientific and natural areas management, and protected species management. STAT AUTH: MS s 103G.315; 105.415 HIST: 8 SR 533; 25 SR 143; 27 SR 529 CUrrent as of 11/13/02 6115.0210 STRUCTURBS IN PUBLIC WATBRS. Subpart 1. Goal.. It is the goal of the department to limit the occupation of public waters by offshore navigational facilities, retaining walls, and other structures in order to: A. preserve the natural character of public waters and their shorelands; B. provide a balance between the protection and utilization of public waters; and C. encourage the removal of existing structures which do not serve the public interest from the beds of public waters at the earliest practicable date. Subp. 2. Scope. This part applies to the placement, construction, reconstruction, repair, relocation, abandonment, or removal of any structure placed on or in public waters. Subp. 3. (Deleted from this document for brevity) Subp. 4. No permi t required. No permit is required for the following activities, unless prohibited under subpart 3: B. to construct or reconstruct a boat launching ramp if: (1) privately owned ramps do not exceed 12 feet in width and do not extend more than ten feet beyond the shoreline or into water more than four feet in depth, whichever (0(\ ') , ' . . . is less. Excavations five cubic yards or less, and placement of up to five cubic yards of crushed rock, gravel, clean sand, or small stone are allowed to provide a stable base or maintain use of the ramp; (2) publicly oWned ramps do not exceed 36 feet in width and do not extend more than 30 feet waterward of the shoreline or into water more than four feet in depth, whichever is less. Excavations of 200 cubic yards or less, and placement of up to 80 cubic yards of crushed rock, gravel, clean sand, or small stone are allowed to provide a stable base or maintain use of the ramp. The use of coffer dams constructed of metal sheet piling or other portable materials is allowed to construct and maintain public boat launching ramps if all materials are completely removed from public waters within 30 days of completion of the project; (3) the ramp is constructed of gravel, natural rock, concrete, steel matting, or other durable inorganic material not exceeding seven inches in thickness; and (4) the ramp is not located on a federally designated wild and scenic river; or &JC; ') ~ ~ ~-~- ---.r;- ~ ~-r---' - -'-0- --0- .- ~~ ~ (eC:\') http://gisJogis.org/LOGIS_ArcIMS/ims?ServiceNanle==hu_LOQISMap_OV&ClientVersi..,11/5/2007 . . . t;~~ i' - ," ';i-, TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Partnership Contract with the State of Minnesota (MnlDOT) DATE: November 13,2007 The City has been asked to implement a revised Partnership Contract with the State of Minnesota, more specifically the Minnesota Department of Transportation (Mn/DOn. This contract will continue to allow city staff to work directly with MnIDOT District and local offices to coordinate agreemenls to perform certain Jasks. Work that could be addressed through this agreemenl includes construction inspection services, malerials lesling and mainlenance/opemtions work. This agreement allows oul-state MnIDOT offices to invoice the City directly for services, thus minimizing the involvement ofMnlDOT's Central Office. We recommend approval of the Partnersbip Contract with tbe State of Minnesota (Mo/DOT). cc: Gary Plotz, City Administrator lo~r) . . . RESOLUTION NO. 13296 RESOLUTION ENTERING INTO MASTER PARTNERSHIP CONTRACT WITH MnlDOT WHEREAS, the Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREA, Mn/DOT and local governments are authorized by Minnesota Statutes, Sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to writc "work orders" against a master contract would provide the greatest speed and tlexibility in responding to identified needs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the City of Hutchinson enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the Hutchinson City Council. 2. That the proper City officials are authorized to execute such contract and any amendments thereto. 3. That the City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from Mn/DOT, and that the City Engineer may execute such work order contracts on behalf of the City of Hutchinson without further approval by the Hutchinson City Council. Adopted by the Hutchinson City Council this 13th day of November, 2007. Steven W. Cook, Mayor Gary D. Plotz, City Administrator LoCJ) MnIDOT Contract Number CFMS Contract No. . STATE OF MINNESOTA' AND CITY OF HUTCHINSON MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through ils Commissioner of Transportation hereinafter referred to as the "State" and the City of HUTCHINSON acting through it's City Council, hereinafter referred to as the "Local Government". Recitals I. The parties are authorized to enter into this agreement pursuant 10 Minnesota Slatules SS 15.061,471.59 and 174.02. 2. Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangemenls with and cooperate with any governmental authority for Ihe purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this Contract is a "road authority" as defmed by Minnesota Statutes S 160.02 (subd. 25). 4. Minnesota Statutes Section 161.39, subdivision I, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minnesota Statues S174.02 (subd. 6) aulhorizes the Commissioner of Transportalion to enter into agreemenls with other governmental entities for research and experimenJation; for sharing facilities, equipment, staff, data, or other means of providing transportalion-relaJed services; or for other cooperalive programs thai promote efficiencies in providing governmental services, or that further development of innovation in,lransportation for the benefit of the cilizens of Minnesota. . 6. Each party wishes to occasionally procure services from the other party. which the parties agree will enhance Ihe efficiency of delivering governmental services aI all levels. This Master Partnership Contract provides a framework for Ihe efficient handling of such requesls. This Masler Partnership Contract contains terms generally governing the relationship between the parties hereto. When specific services are requesled, the parties will (unless otherwise specified herein) enter into a "Work Order" contracls. 7. Subsequent 10 the execution of this Master Partnership Contracl, the parties may (but are not required 10) enter into "Wark Order" contracls. These will Work Orders will specify the work 10 be done. timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this Master Partnership Contract to establish terms thaI will govern all of the Work Orders subsequently issued under Ihe authority of this Contract. Master Contract 1 Term of Master Contract 1.1 Effective Date: This contract will be effeclive on the dale last signed by the LocaI Government, and all State officials as required under Minn. Stat. S 16C.05, subd. 2. A party must not accept work under this Contract until it is fully executed. . 1.2 Expiration Date. This Contracl will expire five years after ils effeclive date. 10/312007 (oCj) 1.3 CFMS Contract No. T-Number Work Order Contrcu:ts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement- 1be work order contract will specify the detailed scope of work and deliverables for Ihat engagement- A party must noJ begin work under a work order until such work order is fully executed. The lerms of this Master Partnership Contracl will apply to all work orders issued hereunder, unless specifically varied in Ihe work order. The LOCal Government understand that this Master Contract is not a guarantee of any payments or work order assignments, and Ihal payments will only be issued for walk actually performed under fully-execuled walk orders. . 1.4 Su",ival of Terms. The following clauses survive the expiration or cancellation of Ihis master contract and all work order contracts: II. Liability; 12. State Audits; 13. Governmenl Data Practices and Inlellectual Property; 16. Publicity and Endorsement; 17. Governing Law, Jurisdiction, and Venue; and 21. Data Disclosure. 1.5 Exhibits _ A sample wolk order contracts is aIlached and incorporaJed into Ihis conlract as Exhibit A. 2 Scope of W orklDeliverables 2.1 A party may request Ihe oIher party to perfonn any of Ihe following services under individual work order contracts. . 2.1.1 Professional and Technical Services. A party may provide professional and technical services upon the request oflhe oIher party. As defined by Minnesota Statutes ~16C.08 (subd. I) professional/technical services "means services Ihat are intellectual in character, including consultation. analysis, evaluation. prediclion. planning. programming. or recommendation; and result in the production of a report or completion of a task" _ Professional and lechnical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and wiIhout limitaJion) engineering services. surveying, foundation recommendations and reports. environmental documentation, right-of-way assistance (such as perfonning appraisals or providing relocation assistance. but excluding the exercise of Ihe power of eminent domain), geometric layouts. final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services wiIh ilS own personnel. however. a party's professional/technical services may also include hiring and managing oulSide consultants to perfonn work. 2.1.2 Routine Roadwav Maintenance. A party may provide routine roadway mainlenance upon the request or Ihe other party _ ROUline roadway maintenance services may include, but are not limited to; lane or edge striping, pavement message painling. sign repair. guardrail repair. carcass removal. or equipment repair. Routine maintenance does not include roadway reconstruction. All services must be performed by an employee with sufficienl skills, training. expertise or certification to perform such work, and walk must be supervised by a qualified employee of the party perfonning the walk. 2.1.3 Construction Administration. A party may administer roadway construclion projects upon the request of the other party. Roadway constructiOn includes (by way of example and withoUllimitation) the construction. reconstruction. or rehabilitation of mainline, shoulder, median. pedestrian or bicycle pathway. lighting and signal systems, pavement mill and overlays. seal coaling. guardrail installation, and channelization. These services may be perfonned by the providing party's own forces. or the providing party may administer outside contracts for such work. Construction administration may include letting and awarding construclion contracts for such walk (including state projects to be compleled in conjunction with local projects). All contract administration services musl be performed by an employee with sufficient skills. training. expertise or certification to perform such work. . 2_2 When a need is identified, the State and Ihe Local Government will discuss the proposed work and the resources needed 10 perform Ihe walk. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract- Generally. a walk order contract will be limited to one specific project/engagement. although "on call" walk orders may be prepared for certain 10012007 2 (0 Cj ) MnIDOT Contract Number CFMS Contract No. . lypes of services, especially for "rOIl tine roadway maintenance" items as identified section 2.1.2. The work. order will also identify specific deliverables required. and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. The Local Government will not be paid for worlc performed prior to authorization by the State. 3 Responsibilities of the Providing Party The party requesting the work will be referred to as tbe "Requesting Party" and the party performing the work will be referred to as the "Providing Party". Each work order will sel forth particular requirements for that project/engagement. 3.1 Terms Applicable to ALL Work Orders. The terms in this section 3.1 will apply to ALL work orders. 3.1.1 Each work order will identify an Authorized Representative for each party. Each party's authorized representative is responsible for adminislering the work order. and has the authorily to make any decisions regarding the work, and to give and receive any notices required or permitted under this Master Contract or the work order. 3.1.2 The Providing Party will furnish and assign a publicly employed licensed eng;neer (Project Engineer), to be in responsible charge of the project(s) and 10 supervise and direct the work to be performed under each work order. For services not requiring an engineer, the Providing Party will furnish and assign anolher responsible employee 10 be in charge of the project. The services of the Providing Party under a work order may nol be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party's authorized representative.. This written consent will in no way relieve the Providing Party from its primary responsibilily for the work. . 3.1.3 If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering andlor technical services from the State, pursuanl to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If the State furnishes the services requested, the Local Government will promptly pay Ihe State to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenseS will include the current State labor additives and overhead rates, subject to adjustment based on actual direct costs thai have been verified by audit. 3.1.4 Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed is considered unaulhorized and undertaken al the risk of non-payment. 3.1.5 In conneclion with the performance of this contracl and any work orders issued hereunder. the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted 10 award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors 10 comply with all Federal and State laws and regulations. 3.2 Additional Terms for Routine Roadway Mainteno.nce. The terms of section 3.1 and this section 3.2 will apply to all work orders for rOlltine roadway maintenance. . 3.2.1 Unless otherwise provided for by agreement or work order, Ihe Providing Party must obtain all permits and sanctions thaI may be required for the proper and lawful performance of tbe work. 101312007 3 wGJ) CFMS ContraCl No. T-Numbec 322 The Providing Party must perfonn maintenance in accordance with MnOOT mainlenance manuals, policies and operations. . 3.2.3 The Providing Party must use Slate-approved materials, including (by way of example and without limilation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 3.3 Additional Terms for Construction Administration. The terms of section 3.1 and this section 3.3 will apply 10 all work orders for construction administration. 3.3.1 ContraCt(s) must he awarded to the lowest responsible bidder in accordance with SJaJe law. 3.3.2 Contractor(s) must he required to post payment and perfonnance bonds in an amount equal to the conlract amount. The Providing Party will take all necessary action 10 make claims against such bonds in the event of any default by the contractor. 3.3.3 Contractor(s) must he required to perform work in accordance with the latesl edilion of the MinneSOla Department of TransportaIion Standard Specifications for COIlStruction. 3.3.4 Fcr work performed on SJaJe righl-of-way, contraclor(s) must he required to indemnify and hold Ihe Slate hannless against any loss incurred with respect to the perforIiIance of the contracled work, and musl be required to provide evidence of insurance coverage conunensurate with projecl risk. 3.3.5 Contractor(s) musl pay prevailing wages pursuant to sJate law. . 3.3.6 Contractor(s) musl comply with all applicable Federal, and Slate laws, ordinances and regulations, including but nOllimited to applicable human righIslanti-discrimination laws and laws concerning the participaIion of Disadvantaged Business Enterprises in federally-assisled contracts. 3.3.7 The Providing Party may approve minor changes 10 the Requesting Party's portion of the project work if such changes do not increase the Requesting Party'scost obligation under the applicable work order. 3.3.8 The Providing Par1y willoot approve any contractor claims for additional compensation without the Requesting Party's written approval, and the execution of a proper amendment 10 the applicable work order when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the SJaJe's request. 3.3.9 The Local Governmenl must coordinale all trunk highway work affecting any utililies with the Slale'S Utilities Office. 3.3.10 The Providing Party musl coordinate all necessary deJours with the Requesting Party. 4. Responsibilities of the Requesting Party 4.1 After authorizing Ihe Providing Party to hegin work, the Requesting Party will furnish any dala or material in its possession relating to the project that may he of use to the Providing Party in performing the work. 4.2 All such dala furnished to the Providing Party will remain the property of the Requesting Party and will he promptly returned upon the Requesting Party's request or upon the expiration or terminalion of this contract (subject to dala retenlion requirements of the Minnesola Governmenl Dala Practices Act and other applicable law). . ](>'312007 4 lOCJ) MnIDOT Contract Number CFMS Conlract No. ..3 1be Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the anention of the Requesting Party before proceedin!? with the part of the project affected. 1be Providing Party will investigaIe the matter, and if it finds thaI such data is incorrect or incomplete, it will promptly detennine a melhod for furnishing correcled data. Delay in furnishing data will nol be considered justificaJion for an adjustmenl in compensation. 4.4 TheState will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the . bid soliciJaJion and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway ConslruCtion, that are different from those required for State Aid construction. 4.5 11Ie Requesting Party will perform final reviews and/or inspecIions of its portion of the project work. If the worle is found to have been completed in accordance with the work order contract, the Requesling Party will promptly release any remaining funds due the Providing Party for the Project(s). 4.6 11Ie work order contracts may include additional responsibilities 10 be compleIed by the Requesling Party. 5 Time In the performance of project work under a worle order contract, time is of the essence. 6 Consideration and Payment 6.1 Consideration. The Requesting Party will pay the Providing Party as specified in the work order. . 6.2 SUIte's Maximum Obligation. 1be total compensation 10 be paid by the State to the Local Government under a1lwork orner contracts issued pursuant te this MasJer Contracl will not exceed $1 million~ 6.3 Travel Expenses. It is anticipaIed that all travel expenses will be included in the base cost of the Providing Party's services, and unless otherwise specifically set forth in an applicable work order. the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by lhe Providing Party in performing any worle order contracl. In those cases where the SJaJe agrees to reimburse travel expenses. such expenses will be reimbursed in Ihe same manner and in no greaIer amount than provided in the currenl "MnfDQT Travel Regulations" a copy of whicb is on fIle with and available from the MnIDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State's prior written approval for such travel. 6.4 Payment. 6.4. I Generally. The RequesIing Party will pay tbe Providing Party as specified in the applicable work order, and will malce prompt payment in accordance with Minnesota law. 6.4.2 Payment by the Local Government. The Local Government willmake payment to the order of the Commissioner of Transportation. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE ''MNIDOT CONTRACf NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT. Remil payment to the address below: . MnIDOT AtIn: Cash Accounting RE: MnIDOT Contract Number (see note above) Mail Stop 215 395 John Ireland Blvd SI. Paul, MN 55155 I 01312007 5 (0 c.J ) CFMS Contract No. T-Number . 6.4.3 Payment by the StoLe. 6.4.3.1 Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the mvoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 6.4.3.2 Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. lil6C.OS, subd. 5(b), no more than 90 percent Oflhe amounldue under any work order contract may be paid umil the final product of the work order contract has been reviewed by the State's authorized representative. The balance due will be paid when the State's authorized representalive detennines thaI the Local Governmenl has satisfactorily fulfilled all the tenus of the work order contract. 7 Conditions of Payment All work performed by the Providing Party under a work order contract DUlSt be performed 10 the Requesting Party's satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representalive and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfaclory or performed in violation of federal or stale law. 8 Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order Contracts . 8.1 The Local Government's Authorized Representative for administering this master contracl is the Local Government's Engineer, and the Engineer has the responsibility to monilor !he Local Governmenl' s perfonnance. The Local Governmenl's Aulhorized Representative IS also authorized 10 execute work order contracts on hehalf of the Local Government without approval of each proposed work order contract by its governing body. 8.2 The Local Governmenl' s Project Manager will be identified in each work order contract. 9 State's Authorized Representative and Project Manager 9.1 The State's Authorized Representative for this master contract is the District Stale Aid Engineer, who has Ihe responsibility to monilorthe State's perfonnance. 9.2 The State's Project Manager will be idenlified in each work order conlract. 10 Assignment, Amendments, Waiver, and Contract Complete 10.1 Assignment. Neither party may assign or transfer any rights or obligalions under this Master Contract or any work order contract withouI the prior consent of the other and a fully executed Assignmenl Agreement, executed and approved by the same parties who executed and approved this Master Contract, or their successors in office. 10.2 Amendntents. Any amendment to this master contract or any work order contract must be in writing and will not be effective unlil it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. . 10.3 Waiver. If a party fails to enforce any provision of this master contract or any work order comract, that failure does not waive the provision or the party's right to subsequently enforce it. 10012007 6 lolj) . . . MnIOOT Contract Number CFMS Contract No. 10.4 Contract Compleu. This masler contracl and any work order COnIract conJain all negoliations and agreements between the Slate and the Local Government. No oIher understanding regarding Ihis master contract or any work order contract issued hereunder, whether written or oral, may be used to bind either party. . 11 Liability Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Governmenl's liability is governed by Minnesola Slatutes chapter 466 and oIher applicable law. The Slate's liability is governed by Minnesota Statules section 3.736 and oIher applicable law. This clause will nol be construed to bar any legal remedies a party may have for the other party's failure 10 fulfill its obligations' under this master contract or any work order contract. Neither party agrees to assume any environmenlal liability on behalf of the oIher party. A Providing Party under any work order is acting only as a "Contractor" to the Requesting Party, as the term "Contraclor" is defined in Minnesota Slatutes S 1I5B.03 (subel. 10), and is entiIled to the protections afforded to a "Contractor" by the Minnesota Environmenlal Response and Liability Act. 12 State Audits Under Minn. Stat. S 16C.05, subel. 5, the party's books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to e~amination by the parties and by the State Auditor or Legislalive Auditor, as appropriate, for a minimum of six years from Ihe end of this Master Contract. 13 Government Data Practices and Intellectual Property 13.1. Government Data Practices. The Local Government and Slate musl comply with the Minnesola Government Data Practices Act, Minn. SIaL Ch. 13, as it applies to all dala provided by the Slate under this Masler Contracl and any work order contract, and as it applies 10 all data created, collected, received, stored, used, mainJained, or disseminaled by the Local GovernmenI under this Master Contract and any work order contract. The civil remedies of Minn. Stat. S 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 13.2. Inullectual Property Rights 13.2.1 Intellectual Property Rights. The Requesting Party will own all rights, title, and inlereSI in all of the intellectual property rights, including copyrights,. patents, trade secrets, trademarks, and service marks in the Works and Documents created and paidfor under work order contracts. Works means all inventions, improvements, discoveries (whether or nol palentable), databases, computer programs, reports, noleS, studies, photographs, negatives, designs, dCawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or joinIly with others in the performance of Ihis master contract or any work order contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, phOlographs, negalives, designs, drawings, specifications, materials, lapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contraclors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of Ihe work order contract. To the extent possible, those Works eligible for copyright protection under the United Slates Copyright Act will be deemed to be "works made for hire:" The Providing Party Government assigns all right, tille, and inIerest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request Oflhe Requesting Party, execule all papers and perform all other acts necessary to transfer or record the Requesting Party's ownership interesl in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants 1O/3nOO7 7 LoCj ') . CFMS Contract No. T-Number Ihe Providing Party an irrevocable and royalty-free license to use such intellectual for its own non- commercial purposes, including disseminalion to political subdivisions of Ihe stale of Minnesota and to transportation-related agencies such as the American Association of Stale Highway and Transportation Officials. 13.2.2 Obligations with Respect 10 [mellectunl Property. . 13.2.2.1 Notification. Whenever any invention, improvement, or discovery (whether or noJ palenlable) is made or conceived for the first time or actually or construcliveJy reduced to praclice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party's Authorized Representative written notice thereof, and must prompdy furnish the Authorized Representalive with complete information and/or disclosure thereon. 13.2.22 Represenuuion. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property righlsin the Works and Documents are the sole property of the Requesting Party, and thai neither Providing Party nor ils employees, agents or contractors retain any interest in and 10 the Works and Documents. 14 AftiniIative Action The Stale inlends to carry out ils responsibilily for requiring affirmative action by its Conlractors, pursuant 10 Minnesota Statutes ~363A.36. Pursuant to thaI Statute, Ihe Local Govemmenl is encouraged to prepare and implement an affirrnaIive action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota DeparImenl of Human Rights. In addition, when the Local Government lets a .contract for the perfonnance of work under a work order issued pnrsuant 10 this Master Contract, it must include the llowing in tbe bid or proposal solicitation and any contracts awarded as a result thereof: 14.1 Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contraclor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. ~ 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contraclor covered by Minn. Stat. ~ 363A.36 because it employed more than 40 full-time employees in another stale and does not have a certificate of compliance, musl certify lhat it is in compliance with federal affmnativeaction requirements. 14.2 MinfL Stat * 363.073. Minn. Stal. ~ 363A.36 requires the Contractor 10 have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights ("Commissioner") as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that evenl. A contract awarded without a certificale of compliance may be voided. 14.3 Minn.. R_ Parts SOOO.3400-S000.3{j()(J. 14.3.1 General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. SJaI. ~ 363A.36. These rules include, but are not limited 10, criteria for contents, approval, and implementation of affirrnati ve action plans; procedures for issuing certificales of compliance and criteria for determining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative aClion plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552"5000.3559. 14.3.1.2 Disabled Workers. The Contractor musl comply with the following affirmaIive action requirements for disabled workers: . (I) The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for 1(>'312007 8 (0 Cj ) CFMS Contract No. T-Number . employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discriminalion based upon Iheir physical or menIal disabilily in all employment praclices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or tennination, raJes of payor other forms of compensation, and selection for training, including apprenticeship. (2) The Contractor agrees 10 comply with the rules and relevant orders of Ihe Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights ACI. (3) In the event of the Contraclor's noncompliance wiIh.the requirements of Ihis clause, actions for noncompliance may be taken in accordance wilh Minnesota Statutes Seclion 363A.36, and Ihe rules and relevanl orders of the Minnesota Departmenlof Human Rights issued pursuanllo the Minnesota Human Rights Acl. (4) The Contraclor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of Ihe Minnesota Department of Human Rights, Such notices must state the Contraclor's obligation under Ihe law 10 take affirmaIive action to employ and advance in employment qualified disabled employees and applicanls for employment, and the rights of applicants and employees. (5) The Contractor must notify each labor union or representative of workers with which it has a collective baJga;ning agreement or other contract understanding, that Ihe Contractor is bound by the terms of Minnesota Statutes Section 363A.36, of the Minnesota Human Rights Acl and is committed to take affirmative aclion to employ and advance in employmenl physically and mentally disabled persons. 14.3.2 Consequences. The consequences for the Contractor's failure to implement its affirmaIive action plan or make a good faith effort to do so include, but are not limited 10, suspension or revocation of a certificale of compliance by Ihe Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contracl by the Commissioner or the State. . 14.3.3 Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. ~ 363.073 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 15 Workers' Compensation Each party will he responsible for its own employees for any workers compensation claims. This Master Contract, and any work orders issued hereunder, are not intended to constitute an interchange of government employees under Minnesota Statutes ~ 15.53. To Ihe extenl that this Master Contract, or any work order issued hereunder, is determined 10 be subject to Minnesota Statutes ~ 15.53, such statute will control to the exlent of any conflict between the Contract and the statute. 16 Publicity 16.1 Publicity. Any publicity regaJding the subject matter of a work order contract where the State is Ihe Requesting Party must identify the Stale as the sponsoring agency and must not be released wiIhout prior written approval from the Stale'S Authorized Representative. For purposes. of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similaJ public notices prepared by or for the Local Governmenl individually or jointly with olhers, or any subcontraclors, wilh respect to the program, publicalions, or services provided resulting from a work order contract. 16.2 Data PraJ:tices Act. Section 16.1 is not intended to override Ihe Local Government's responsibilities under Ihe Minnesota Government Data Practices Acl. . lOt3nOO7 9 (p(j) CFMS Contract No. T-Number . Governing Law, Jmisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs Ihis master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or Ihe breach of any such contracts, must be in the appropriate stale or federal court with compelent jurisdiclion in Ramsey County, MinnesoJa. 18 Prompt Payment; Payment to Subcontractors The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. ~ 16A.1245, when the Local Goverrnnent lets a contracl for work pursuant to any work order, the Local Governmenl must require ils contraclor to pay all subcontractors, less any retainage, within 10 calendar days of lhe prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontrnctor(s) and musl pay intefesl at Ihe rate of one and one-half percent per monIh or any parI of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontraClOl(s). 19 Minn. Stat. ~ 181.59 The Local Government will comply wilh the provisions of Minn. Stat. ~ 18\.59 which reqUIres: Every contrncl for or on behalf of the Slate of Minnesota, or any county, city, town, township, school, school district, or any other districl in the Slale, for materials, supplies, or construction shall contain provisions by which Ihe Contractor agrees: (1) That, in the hiring of conunon or skilled labor for the performance of any work under any contrnct, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminale against the person or persons who are citizens of the United Slates or resident aliens who are qualified and available 10 perform the work to which the employment relates; (2) ThaI no contractor, material supplier, or vendor, shall, in any . manner, discriminate against, or intimidate, or preventthe employment of any person or persons identified in clause (l) of this section, or on being hired, prevent, or conspire to prevent, Ihe person or persons from the performance of work under any contract on account of race, creed., or color; (3) That a violaIion of this section is a misdemeanor; and (4) That this contrncl may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to granl the contracts for employment, and all money due, or 10 become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 20 Termination 20.1 Tennination by the State for Convenience. The Slate or commissioner of Administration may Cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to Ihe Local Government. Upon termination, the Local Government and Ihe Slate will be entitled to payment, determined on a pro rala basis, for services satisfactorily performed. 20.2 Tennination by the Local Governmentfor Convenience. The.Local Government may cancel this Master Contract and any work order contracts al any time, with or without cause, upon 30 days written notice to the Slale. Upon termination, the Local Government and the Slate will be entitled to payment, determined on a pro rala basis, for services satisfactorily performed. . 20.3 Termination for Insufficient Funding. The State may immedialely terminate this Master Contract and any work order contract if il does nol obtain funding from the Minnesola legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Local Govemment. The Stale is not obligaled to pay for any services thaI are provided after notice and effective date of lermination. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed 100JnOO7 10 LoCj) CFMS Contract No. T-Number . to the extenl Ihat funds are available. The State willoot be assessed any penalty if the master contract oc work order is terrninaled because of the decision of the Minnesota legislalUre Or oIher funding source, noll<;> appropriate funds. The Slate must provide the Local GovernmenI notice of the lack of funding within a reasonable time of Ihe Slale's receiving that notice. 21 Data Disclosure Under Minn. Slat. 9 270.66, and other applicable law, the Local Government consents 10 disclosure of its federal employer tax identification number, and/or Minnesola lax identification number, already provided to the Slate, to fedeiaI and state tax agencies and slate perSonnel involved in Ihe payment of sJaJe obligations. These identification numbers may be used in the enforcement of federal and sJaJe tax laws which could resull in action requiring Ihe Local Government to file slate lax returns and pay delinquent sJaJe tax liabililies, if any. 22 Defeme of Oairns and Lawsuits If any lawsuit oc claim is filed by a third party (including but not limited to the Local Government's contraclors and subcontractors), arising out of trunk highway work performed pursuanllo a valid work order issued under this MasIer ContracI, the Local Government will, at the discretion of and upon the request of Ihe SJaJe, tender the defense of such claims to the Slate or allow Ihe Slate to participale in Ihe defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent Ihe Slate in any litigation, settlemenl, or alternalive dispute resolulion process. The Slate will not be responsible for any judgment enleredagainsl the Local Government, and will not be bound by the tenns of any settlement enlered into by the Local Governmenl except . wiIh the written approval of Ihe Attorney GeneiaI and Ihe Commissioner of Transportation and pursuanllo applicable law. 23 Additional Provisions 23.1 Foreign Outsourcing. If Ihe Local Government lets a contract for professionaJ/lechnicalor.oIher services pursuant to any work order, Ihe Local Government will require proposing vendorslbidders to disclose where work will be performed, and will use the extent to which services will be performed in the Uniled Stales as a factor in determining Ihe "besl value" in awarding any such contract. II is the Slale'S policy Ihat sJaJe funds spent on contracts reau"n in Ihe United Slates to the maximum extent possible. [the balance ofIhis page has intentionally been left blank] . 10/3/2007 9 La Cj ') . LOCAL GOVERNMENT The Local Government certifteS Ihat the appropriate pro;on(s) have executed the contract on belWf of the local Government as required by appticable articles or bylaws. By: Title: Date: By: Steven W. Cook Mavor 11/13/2007 Title: Date: . . 10012007 Gary D. Plotz rity Arlmin;~t~rltnr 11/13/2007 CFMS Contracl No. T-Number COMMISSIONER OF TRANSPORT A nON By: (wiIh delegated authority) Title: Date: COMMISSIONER OF ADMINISTRA nON As delegated to Materials Management Division By: Date: MnIDOT Contract Management As to form & execution By: Date: 12 Lo(~) MnlOUT Agreemenl No. WorK Uraer VI I . CFMS Contract No._NA DPayable by Slate J8J Receivable by Stale , STATE OF MINNESOTA WORK ORDER UNDER MASTER PARTNERSHIP CONTRACT State Project (SP): NA Trunk Highway (TH): NA Project Identification: Services provided by State This Work Older Contract is issued under Ihe authority of State of Minnesota, Departmenl of Transportalion (MnJDOT) Master Partnership Contract No. lisled above between Ihe state of Minnesola acting Ihrough its Commissioner of Transportation ("State") and City of Hutchinson, a political subdivision of Ihe State of Minnesota ("Local Government") and is subjecl to all applicable provisions and covenants of Ihat Agreement which are incorporated herein by reference. Work Order Contract Article 1 Term of Work Order Contract; Incorporation of Exhibits: 1.1 Effective dale: This Work Older Contract will be effective on the dale Ihat all required signatures are obtained by State, pursuant to Minnesota Statutes Seclion 16C.05, subdivision 2. The Providing Agency must not begin work under this Contract until ALL required signatures have been obtained and the Providing Agency has been notified in writing to begin such work by the Requesting Agency's Authorized Representative. . 1.2 Expiration date: This Work Older Contract will expire on November 30, 2012, or when all obligations have been satisfactorily fulfilled, which ever occurs fIrSt. 1.3 Exhibits: Exhibits A through B are attached and incorporaled into this Work Older Contract. Article 2 Nature of Work; Reauestinl! and Providinl! Party: 2.1 The box(es) checked below indicate the nature of Ihe work to be perfornJed. See Section 2.1 of Ihe Master Partnership Contract for applicable definitions. [8] Routine Roadway Mainlenance (See Exhibit B) [8] Professional And Technical Services (See Exhibil B) o Construction Administration 2.2 The boxes checked below show which party is the "Requesting Party" and which party is Ihe "Providing Party". 2.2.1 2.2.2 The Requesting Party is 0 State 0 Local Government The Providing Party is [8] State 0 Local Government Article 3 Scope of Work: .1 The Providing Party will perfonn services under Ihis Work Older summarized generally as follows: (Rev 09/26/07) - 1 - CoC) ,j MnlDOT Agreement Nd. Work Order 01 , 4.2 After the State accepts a work assignment, Ihe Stale will promptly perfonn the work in a professional manner and in accordance with generally accepted government standards. If the Local Governmenl deems that the work is not proceeding in a satisfactory manner, the Local Government will bring such concerns to the State's Project Manager in charge of the particular project. The Parties will endeavor to resolve any dispuJes concerning work under this contract in the most informal and cost-effective manner reasonably available. Article 5 Items provided or completed bv the ReQuest;n\! Party 5.1 The Local Government will submil a brief written request for any services 10 the State. The request may be in the fonn of a letter or memorandum and may be transmitted by fax or email. A request may be made via telephone, bul will not be considered accepted unless acknowledged in writing by the State. The request must include sufficient detail on the scope of the work to be performed 10 afford the State the oppOrtunity to assess the resources necessary to accomplish the work and develop a cost estimate. Article 6 Consideration of Pavrnent: 6.1 Payment Basis. The SlaJe may, at ilS oplion, charge the Local Governmenl on either a lump-sum or actual cost basis for performance of the work. . 6.2 Actual Cost Basis. Unless a lump sum or other payment arrangement is agreed upon, all work performed by the Stale will be billed on an actual cost basis. For work performed upon anactual cost basis, the Slate will provide a report showing the actual cost of the services performed by the SJaJe under Ihis contract. The Slate's "Actual Cost" will consisl.of all of the following elemenls: (I) The actual cost of any maJerials provided by Ihe State; and (2) Travel expenses reasonably and necessarily incurred by the Slate in the performance of the work. Such travel expenses will be subject to Ihe limitations contained in the "Minnesota Department of Transportation Travel Regulations" in effect aJ the time the work is performed; and (3) Labor COSIS incurred by the State in performance of the work. Such labor costs will consist of: (a) The actual hourly wage or salary of SlaJe personnel for time pent working on the project; and (b) Labor and overhead additive, at a rate to be determined annually by the appropriate State Financial/Accounting Officer. Labor additi ve will include fringe benefilS. holiday and vacation pay, and applicable workers compensation and payroll tax expenses. (4) Equipment COSIS incurred by the State in the performance oflhe work. Such cosl will consist of: (a) The hourly rental rate of the equipment; and (b) Fuel and other direct operalional COSIS not included in Ihe equipment rental rate. Article 7 Terms of Pavrnent: 7.1 The State will invoice the Local Government upon complelion of the services, or at regular intervals not more . than once monthly as agreed upon by the parties. . 7.2 The Local Government will promptly pay the invoice(s) submitted by the State. Payment must be remitted to the address below: Minnesota Department of Transportation Attn: Cash Accounting (Re..... 09f26/fJ7) - 2- toe') . J , . . . MnIDOT Agreement No. Work Order 01 RE: MnfDOT invoice number (include the MnfOOT invoice number) Mail stop 215 395 John Ireland Blvd St. Paul, MN 55155 IMPORTANT: THE REMIITANCE MUST INCLUDE THE "MnIDOT INVOICE NUMBER." Article 8 Local Government's Proiect Manal!er: 8.1 The Local Government's Project Manager for this Work Order is the Local Government's Engineer 'for technical maners. The Local Government's Project Manager for this Work Order is responsible for overseeing the Local Government's fulfillment of its obligations under this Work Order, reviewing and approving invoices, resolving disputes related to this Work Order, and for giving or receiving any notices required or permined by this Work Order. Article 9 State's Proiect Ma1lal!er: 9.1 The Sfute's Project Manager, for Ihis Work Order is the District Engineer. The SJaJe's Project Manager is responsible for overseeing the State's fulfillment ofilS obligations under this Work Order, reviewing and approving invoices, resolving disputes related 10 this Work Order, and for giving or receiving any notices required or permined by Ihis Work Order. Article 10 Termination. 10.1 Termination by the Stale. The Local Government, the Stale or the Commissioner of Administration may cancel this Work Order at any time, with or without cause, upon 30 days' wrinen notice 10 the other Party. Upon termination, the Providing Party will be entitled to payment, deJermined on a pro rata basis, for services satisfactorily performed. 10.2 Termination for Insufficient Funding. Iflhe State is the Requesling Party, The Stale may irrunediately terminate this Work Order if it does not obtain funding from the Minnesota Legislalufe, or other funding source; or if funding cannot be conlinued at a level sufficient to allow for the payment of the services covered here. . Termination must be by written or fax notice 10 the Local Governmenl. The State is not obligated to pay for any services that are provided .after notice and effective date of lermin.alion. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed 10 the extent that funds are available. The Stale will not be assessed any penalty if the Work Order is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriale funds. The State must provide the Local Government nolice of the lack of funding within a reasonable time of the State's receiving thai notice. Article 11 Additional Provisions 11.1 The parties intend thai the services provided under Ihis contract will not be construed as an interchange of employees subject 10 Minnesota StaluleS 9 15,51, et .seq. If the provision of the services under this contract is deemed 10 be subjecl to Minnesota Statutes 9 15.51, et. seq., and any provision in this contract is determined 10 conflict with such statule. then Ihe statute will contralto the extenl of any such conflict. (Rev 09n6lfJ7) -3- (oC) .j , LOCAL GOVERNMENT ~ Govern'ment certifies that the appropriate person(s) ~eculed the contract on behalf of the Local Govemmen~ as required by applicable articles. hylaws, resolutions. or ordinances. By: Steven W. Cook Mayor Title: Date 11 /13/2007 . . (Rev 00l26I07) MnlDOT Agreement No. . Work Order COMMISSIONER OF TRANSPORTATION By: Title: Distrid Engineer Date: COMMISSIONER OF ADMINISTRATION By: Date: -4- 01 iDe) ,j MnIDOT Agreement No. Work' Order 01 , . EXHffiIT A - STANDARD TERMS STANDARD TERMS FOR ROUTINE ROADWAY MAINTENANCE I. The Providing Party will perform routine maintenance in accordance with the specifications and guidelines in the current "Mn/DOT Maintenance Manual" . 2. Unless otherwise provided in this Work Order, the Providing Party is not required to perform extraordinary maintenance or reconstruction. The Providing Party should notify the Requesting Party immediately if it becomes aware of any maintenance, not covered by this Work Order, that should be addressed immediately to prevent the risk of serious injury 10 the public. 3. The Providing Party will perform traffic control in accordance with Minnesota Manual on Uniform Traffic Control Devices. STANDARD TERMS FOR PROFESSIONAL AND TECHNICAL SERVICES 1. The Providing Party will prepare all documents in accordance with Minnesota law, applicable Federal laws and regulations, and geometric design standards for trunk highway plans as described in the current versions of MnlDOT Manuals, available through the Mn/DOT State Aid Division or on the Mn/DOT website, www.dot.state.mn.us . 2. The Providing Party will, as applicable in developing plans, include the standard specifications from th~ latest edition of MnlDOT Standard Specifications for Construction, and all amendments thereto. 3. The Providing Party will furnish the personnel, services, supplies, and equipment necessary to properly perform, supervise, and document the work for the project(s). The services of the Providing Party to be performed hereunder may not be assigned, sublet, or transferred unless approved in writing by MnIDOT. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. . (Rev [Y)n6lO7) -5- Co Lj ) MnlDOT Agreement No. Work Order 01 p' Exhibit B - A v.il.ble Services P'oHowing are examples of services available from MnlDOT pursuant to this agreement. Other services may be available upon .~uest. Note that this agreement cannot be used for the construction of joint facilities, nor does it replace the <<Municipal Agreement" rocess for cooperative constructlon programs. Maintenance . Pavement striping Bridge COtlstructionlMaimenance services including: . Bridge load ratings . Bridge inspections . Hydraulic data system support/management Standards, Research and Govemance services including: . Bridge standards and specifications development . Bridge research . Bridge construction, maintenance and hydraulic training Bridge Construction and Maintenance services including: . Construction planning and progranuning . Construction support . Steel fabrication services . Maintenance assistance . Bridge Design services including: . Preliminary bridge studies and plans . Final bridge designs and plans Bridge construction estimating Hydraulic structure recommendations . Consultant management Land Management . Appraisal services . Legal services . Eminent domain support . Legal descriptions . Geodetic surveying . Photogrametric mapping . Platti ng . Direct purchase Electronic Communications . Electronic and telecommunications system design, installation and maintenance services Materials . Pavement condition data . Materials testing . Box culvert inspection . Pre~stress beams for county and city bridges . (Rev 00126/07) -6- (c. CJ) ~ ..., Hutchinson Area Health Care Hutchinson Community Hospital Burns Manor Nursing Home. Dasse/ Medical Center 1095 Highway 15 South Hutchinson. MN 55350 (320) 234-5000 November 8, 2007 Mayor Steve Cook City Council Members City of Hutchinson Dear Mayor Cook and City Council Members, I am writing to ask for your support and approval of the annexation of the land and the PUD application that will be presented at your meeting on November 13th. . As you know, HAHC has diligently pursued the relocation of the Burns Manor skilled nursing facility and expansion of services for the senior population. We are collaborating with Presbyterian Homes to create a campus at this location that will include the 120-bed skilled nursing facility, a "Town Center," and residential opportunities along a continuum that would include independent housing and assisted living. We are very excited to be taking this next step in our planning process. Staff from Pope Architects and HAHC will be available on Tuesday evening. If you have any questions before then, please do not hesitate to call me at 234-4753. Thank you for your consideration. Sincerely, Ci!w~~ President and CEO Cc: Dan Lindh, Presbyterian Homes . '1 lc0 . . . DATE: TO: FROM: MEMORANDUM November 7,2007 for the November 13, 2007 City Council Meeting Hutchinson City Council Marc Sebora, City Attorney, and Rebecca Bowers, AICP, Planning Director SUBJECT: ANNEXATION OF 43 ACRES AT THE NORTHWEST CORNER OF JEFFERSON RD. S. AND CO. RD. 8, REQUESTED BY CITY OF HUTCHINSON Reauested Action: Approval of the attached ordinance to extend the corporate limits of the City of Hutchinson to include approximately 43-acres owned by the City of Hutchinson, at the northwest comer of Jefferson Rd. S. and Co. Rd. 8. Backaround: The City of Hutchinson has purchased 43 acres at the northwest comer of Jefferson Rd. S. and Co. Rd. The property is planned for future construction of a senior housing campus for Hutchinson Area Health Care. The property is located in Hassan Valley Township and borders the southern city limits. The following map indicates the location: TO Q]___ []]J]]I[[[[]~ . ~ . '!! :; " CIty UrQts . . . . . , : -,.." ...~_... .............._- f'- n 1'-' Property to be Amexed : . j . i . . : : i . ___ ___l_-".~--"'_~"" ............ :"....~..~.,.... .:"'_.:"'....,.. ...",....,..,..":'........... ............. ..,._,.......... ..................... ~ ~ ~ ~- ~ ~ n ncouriY~Roiiil8~~- ~! - nm, i '(C\) . . . City Council Memo November 13, 2007 Page 2 Annexation Process As there is no orderly annexation agreement in place with Hassan Valley Township, the proposed annexation must be done by ordinance. Annexation by ordinance is allowed with action by the City Council when property is owned by the City. No public hearing at the Planning Commission is required. This annexation process does not require notice to adjacent landowners or a comment period by the township. However, in order to provide notice and an opportunity for public comment, adjacent property owners, the township, and County have been notified by mail. A public hearing notice was also published in the Hutchinson leader on November 1,2007. After consideration by the Council, the annexation will be forwarded to Office of Administrative Hearings/Municipal Boundary Adjustments for action. Upon annexation, the property is automatically zoned to R-1 (Single Family Residential), as specified in the Zoning Ordinance. Future rezoning requires action by the Planning Commission and City Council. Proposed Development Plans Hutchinson Area Health Care has hired an Architect to develop plans for the site and completed a market study for the proposed senior housing project. Attached is a draft concept plan for the first two phases of the development for the Council's information. The plans are very preliminary and will likely be revised as the development moves forward. Development of the site would likely occur in stages, with the first stage of development to be constructed in 2009. The timing of development would be consistent with the staging plan in the Comprehensive Plan, which indicates development of the property between 2005 and 2010. Staff reviewed the annexation proposal at the October 29th planning staff meeting. Staff discussed that the property is adjacent to city limits and utilities are available north of the site in the Southwind development, through Calgary lane SE. Staff discussed how street maintenance would be handled as the annexation would be to the centerline of the street. As both Jefferson Street and Co. Rd. 8 are County Roads, maintenance would continue to be the responsibility of Mcleod County, as is the current practice. Additional staff review and consideration by the Planning Commission will be conducted after application for rezoning, platting, and other required approvals. Representatives from HAHC and the Architect will be at the meeting with additional information and to answer questions. Requested Action: Adoption of the proposed ordinance for annexation of 43 acres owned by the City of Hutchinson, at the northwest comer of Jefferson Rd. S. and Co. Rd. 8. l CO-) PUBLICATION NO. ORDINANCE NO. 07-0484 . AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY THE CITY OF HUTCHINSON PURSUANT TO MINNESOTA STATUES 414.033, SUBDIVISION 2 (1) WHEREAS, the City of Hutchinson is requesting that certain land be annexed to the City of Hutchinson, as legally described below, and: Beginning at the southeast corner of Section 7, Township 116, Range29, thence west along the south line of said Section Seven (7), 2476 feet to a point marked by a stone set in the public road; which is 1376.2 feet east of the west line of the East Half of the Southwest Quarter of said Section 7; thence north 778.6 feet to a point rnarked by an iron pipe 1376.2 feet east of the west line of the East Halfofthe Southwest Quarter of said Section 7; thence East parallel to the south line of said Section Seven (7) 2377.1 feet to the center line of a public highway, known as the Hutchinson and Glencoe road; thence southeasterly along the center line of said road to the south line of Section Eight (8) Township One Hundred Sixteen (116), Range Twenty-nine (29); thence west along the south line of said Section Eight (8) 264 feet to the place of beginning, now known as lot Twelve (12) of "AUDITOR'S PLAT OF SECTION 7, TOWNSHIP 116N,RANGE 29W" and Lot Two (2) of "AUDITOR'S PLAT OF THE SOUTH HALF OF SECTION 8, TOWNSHIP 116 NORTH, RANGE 29 WEST". . EXCEPTING THEREFROM THE FOLLOWING: That part of Lot 12 of"AUDITOR'S PLAT OF SECTION 7, TOWNSHIP 116N, RANGE 29W" and that part of Lot 2 of "AUDITOR'S PLAT OF THE SOUTH HALF OF SECTION 8, TOWNSHIP 116N, . RANGE 29W" described as follows: Commencing at the southeast corner.ofsaid Section 7; thence West, assumed bearing, along the south line of said Section 7, a distance of 475.56 feet; thence North 490.12 feet to the point of beginning of the land to be described; thence continuing North 288.48 feetto the north line of said Lot 12; thence East, along said north line, 383.32 feet to the center line of County Highway No. 25; thence southeasterly, along said centerline, 317.70 feet to a point bearing East from the point of beginning; thence West 516.38 feet to the point or beginning. WHEREAS, said property is unincorporated and abuts the City of Hutchinson on its southern boundary, is approximately 43 acres in size, and is not presently served by public water or sewer facilities; and . WHEREAS, the City of Hutchinson is the sole owner of the property, the property is not included within any other municipality, and is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statues 414.0325, and WHEREAS, the City of Hutchinson held a public hearing on November 13th, 2007, and NOW, THEREFORE, the City Council of Hutchinson, Minnesota does hereby ordain: SECTION 1. The City Council hereby determines and finds that the property is owned by the rnunicipality, that the area to be annexed is approximately 43 acres, that the property is not included in any area that has already been desi~ated for orderly annexation pursuant to Minnesota Statues 414.0325, and that the request complIes with all ofthe provisions of Minnesota Statutes 414.033 Subd. 2 (1). 1(0-") uramance NO. Hospital Annexation November 27,2007 " Page 2 . Ordinance 07-0484 Page Two . SECTION 2. The property abuts the city limits and is about to become urban or suburban in nature and that the property is about to be developed as a senior housing campus, and SECTION 3. The corporate limits of the City of Hutchinson are hereby extended to include the Property and the same is hereby annexed to and included within the City of Hutchinson as if the property had originally been part thereof. SECTION 4. The population of the area legally described within and hereby annexed is zero. SECTION 5. The City of Hutchinson, pursuant to Minn. Stat. 414.036, that with respect to the property taxes payable on the area legally described herein, hereby annexed, shall make a cash payment to Hassan Valley Township in accordance with the following schedule: a In the first year following the year in which the City of Hutchinson could first levy on the annexed area, an amount equal to $205.84 b. In the second and final year, an amount equal to $205.84 SECTION 6. That pursuant to Minn. Stat. 414.036 with respect to any special assessments assigned by the township to the annexed property and any portion of debt incurred by the township prior to the annexation and attributable to the property to be annexed, but for which no special assessments are outstanding, for the property legally described herein, there are no special assessments or debt insurred by the township on the subject area for which reimbursement is required. SECTION 7. The City Administrator is directed to file copies ofthis ordinance with the Office of Administrative Hearings - Municipal Boundary Adjustments, Hassan Valley Township, the Mcleod County Auditor, and the Minnesota Secretary of State. SECTION 8. This ordinance takes effect upon its passage and publication and the filing of the copies as directed in Section 4 and approval of the Ordinance by the Office of Administrative Hearings - Municipal Boundary Adjustments. First Reading: Final Reading and Passed: November 13, 2007 November 27,2007 Adopted by the City Council this 27th day of November, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor . l (0\') . . . i~\( :fl .' i."" F--- :1,' ., -,..t!l ~ t3 i .:c :s ~ en ~ <.> ~ J>: ~ ~ ~ -,00: .~ ~ .::0: '" f;;] "- .. ~ lSj,'l',E::::: .:,t:YJ',/ij ni'~:~""2. ~~ ':.-::;:;":':-;..;;.- "jO l' ~ ~.; II , . F I: ~ iil .q I . ,. ~ 11 I Uf i iI: ltj 1 u It II!, ~ 'I 'J Iii . II. ~l -:;.J~1_- 't'tlt 'Jlfjltli I " " ,Ijll _I: .,;-:i; ",", ..J~ }D r@! fllfj i'.l; h .,IH Fitli I~!ill ;f~tl g !id ."",~..~ .11.Hf I I:ml I 1 ~'ll I i p,!t: ' ,) I .1," ':i l'~ ~ H~~t J~l., ,J.- <, ~ . ~~ ~.' _ ~ f l .ijHF ''(. ..:''-: ~: ;; ! ~; -i; 'J-.!~ lJ, J.~ ~ ~. I 'l~ ~ ,,:! ~~. ~~.'.-~ . j~' .,> 01~ 'co. _~;I..1. ' ".! .-KJ 3~:~~ ~ t;~:: ~ .! h p~j ., I , , ( , ; , ~ , 1 , , 1 , , , . f , i ! L ~, ! ; ; i I , " l ! .t' , ~~- L ! !. s -'II' , . '1 - , ~ !~ hs ~i~ It~ .' ',' :;! it ,~! ".1-5 it P ; -F" ft' ~ ~~ { ,,1" {to"!' : ~!i c I-'/~ ,_,.t . :< I i ';:11, .JI t["'\ <i' .Ii ' _~_.~,;:.:; ..... .', ,...... '{if; ""'-ii"i"""'~n' .~..,.!j,li, -r-'~ .~ -~..,~,.t~' ~,. - : ; I . :f:, --#'l~~~-;'..',.'..; ,_ _ ,,~,.,1'l , :11 . ' 1\- :-l~dOf ~, ,,< ;_dIHStJfl:}; 1~~ I J':" i ~ - --'- .,?~~ 15 ., I , ,01 ..'~ .f' " ::r-- , > ". ". .,'11" <. ;F J, I 'f "'-~~~'-- ~\ ~;-"~ ",' . . i~. I ..'; 'J~l .' " I : ~.~ " ';1. ,:"I'l c ~ "1"", -/....,"!'-- "'. ,#. ". '. ". ". " '. ,'1' " ._~: , """ I", i~!~ ".. ".~ <h .~ O' =' ~;, . ". , - :(' ~ ;-' . 0 ....cr'l Z ~-r'" "'-. ;;.0 '. C'I,\-. " , ". " " '. :~, , , " " " . ~. ~.i -.. , ,-- ' ~) ,~ ~ .. , - I ~ ; :~j ,CC\) -.-'/' _--,.1 . I < .. ea z 0 '" . ~ ~ '" 0 ... ~ '" ~ ;:: ~ ~ '-' ~ ~ :;] . " n !~' n .I1~! . ,. ~ I tL~.1Jl I ~ rr-'"'i;-'.' I ~ ~~. i Ii I.l _I ,I 18 I' ~ ! ~ ~ ~ ..! \1 [i ~ ~ "I, i ~ r , ,~, -. i' I : ~ I ~. c.-'.., ' ~ __ _J L , , . I ~ t~ : -( I ~i"l ! I ~ I , ~~ ~" :0, . ~ :-1"'>5 !, ~: ~~!..~! I I I ~ Ii"'! !l , ~ ~!), II 111! 'L~L:-; J.!:.-i ~ _;.;;JL.J l~ - - _ ..:,~ II' ~~ , I ~.!- : 153M 6~ 39N'j~ HldO~! 9" dlHSNMOl '8 rh";ll :,j'; jO , ;:J1t'H 1N~ Hi nos 31 i1 1--- , I i I . ,. o \: (..;;:..,;;.:~'c.,.i1:' .'~ " .~.. oJ t,: ;:: " p ", "; ''; ..-...;" .~. ,,,,,- '0. 0 '> , '. '. ". " '~; '0. I' r( d' !d "---...., ':7; . I -<,--_'l;i .: lJ " ., :i _'" II i ~ i.. ! L; ill~'/ )-I.;,~-;:/"-t 0r:/",'; . !S I" " ,0 ,. .. .; I I 'i , I -'I', ifZ I ~~ '. " :~l;' I<l! ' "~ ~ ;.:; i ~;,. ''''', l~; : : 1,1 , J (0.) Marc A. Seborn, City Attorney Office ofthe City Attorney ill Hassan Street SE Hutcbimon, MN 55350-2522 320-587.5l51/Fax 320-234-4201 . To: Mayor and City Council Mernbers From: Marc A. Sebora, City Attorney Re: Rental Registration Ordinance Date: October 17, 2007 As you may recall, earlier this year city staff was directed to draft a rental registration ordinance that would provide for inspections of rental property in the City of Hutchinson to ensure that basic life/safety features were present in each rental unit. A group of city staff including Brad Emans, Dan Hatten, Rebecca Bowers, Jim Popp, Lenny Rutledge, Jean Ward, Gary Plotz and me met several times to discuss and draft an ordinance that we felt was right for the City of Hutchinson - trying to keep in mind the concerns of both tenants and landlords. We looked at several ordinances that are already in place around the state and tried to take the best from thern while coming up with quite a few of our own ideas. . The ordinance itself would provide for an annual inspection of all rental housing units in the city that are not already completely inspected by some other governmental agency. The inspections would focus on only the most basic health and safety items under the various codes (working smoke detectors, etc). The ordinance provides for re-inspections of units that do not comply with the initial inspections. The City Administrator would have the ability to revoke or not reneW rental registrations for non-compliance with the ordinance. Inspection fees, if any, would be set by the Council as part of the annual city fee schedule established by the council each January. Earlier drafts of this ordinance provided penalties for nuisance activities occurring on rental property such as drug use, assaultive behavior and the like. However it was the consensus of the group to deal with those issues under a separate ordinance that I will draft. The recommended action for the October 23'd meeting is to set the first reading and a public hearing on the ordinance for the first council meeting in November. Should you have questions regarding this proposed ordinance, staff will be available at the meeting to address them. . - Printed on recycled paper- iCb') ORDINANCE NO. 07-0482 . AN ORDINANCE REGULATING RENTAL UNIT REGISTRATION AND INSPECTION Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. . 13. 14. 15. 16. 17. 18. 19. 1. The Council of the City of Hutchinson does hereby ordain: RENTAL UNIT REGISTRATION Purpose Definitions Registration Requirements Exemptions Registration Renewal Transfer of Property Posting of Registration Fees Maintenance of Records Maintenance Standards Inspections and Investigations Failure to Grant Registration., Revocation, Suspension or Failure to Renew a Registration Summary Action Applicable Laws Violations, Injunctive Relief Penalties Written Notice Effective Date Severability Clause PURPOSE AND FINDINGS Subdivision 1. The City Council of the City of Hutchinson fmdsthat there is a need for periodic municipal inspection of residential rental units in the City to ensure that such units meet City and State safety, health, fIre and zoning laws and codes in order to promote the public health, safety and welfare of the community at large and the residents ofrental units within the City. Subdivision 2. The City Council of the City of Hutchinson fmds that a municipal registration program is appropriate to effectively enforce residential rental unit maintenance standards and correct or prevent law violations, nuisances and other disturbances and disorders involving residential rental units within this City. Subdivision 3. The City Council of the City of Hutchinson fInds that an effective means of implementing the foregoing registration of all residential rental units with the City and inspection of . 1 ,('0) . . . such units frorn time to time as deternIined appropriate in the exercise of discretion by staff and personnel of the City and in response to complaints involving such units. 2. For purposes of this Ordinance, the following definitions shall apply; DEFINITIONS: Subdivision I. Rental Unit or Residential Rental Unit means any house, apartment, condominium, townhouse, manufactured home, mobile home, mobile or manufactured home lot, room, or group of rooms, constituting or located within, a dwelling and forming a habitable unit. ' Subdivision 2. Dwelling means any building or other permanent or ternporary structure, including a manufactured or mobile home which is wholly or partly used, or intended to be used, for living or sleeping by human occupants. Subdivision 3. Rent, Lease, Let or Sublet means the leasing of a rental unit to a non-owner for a fixed or non-fixed period of time, and shall include installment sales, purchases, and other similar arrangements whereby nonpayment of a periodic payment means the occupants may be evicted without the necessity of either a statutory mortgage foreclosure procedure, a statutory termination of contract for deed procedure, or a statutory repossession procedure. Subdivision 4. Shall and must as used in this Ordinance are each mandatory. Should and may as used in this Ordinance are each permissive or directory. Subdivision 5. Administrator means the City Administrator or their designee. Subdivision 6. Registration Holder means a person or entity that is the owner of record according to the records on file with McLeod County, Minnesota. Subdivision 7. Local Property Manager means a natural person residing within 50 miles of the City of Hutchinson who is authorized by the rental unit owner to make decisions for the owner about rental, occupancy and maintenance of the rental unit. 3. REGISTRATION REQUIREMENTS: Subdivision I. No person or entity may hereafter occupy, allow to be occupied or rent, lease, let or sub-let a rental unit, to another person or entity for occupancy unless that rental unit is registered for occupancy pursuant to a valid and current rental unit registration issued by the Hutchinson City Administrator. Subdivision 2. Each rental unit must have an owner, or Local Property Manager designated by the owner, who resides within 50 miles of the City of Hutchinson. Subdivision 3. All rental agreements or leases used to rent, let, lease or sub-let any rental unit to another person or entity for occupancy shall include and incorporate by reference, as a condition of the occupancy or tenancy, all of terms, provisions and requirements of Sections 7, 10, 11, 12, 13, 14, 15, and 16 of this ordinance. All tenants or other occupants under any rental agreements or leases used to rent, let lease or sub-let any rental unit shall be provided a written notice that the terms of the 2 1('0) . . . rental agreement or lease include and incorporate all of the terms, provisions and requirements of Sections 7, 10, 11, 12, 13, 14, 15, and 16 of this ordinance and such written notice shall recite verbatim the terms, provisions and requirements of Sections 7, 10, 11, 12, 13, 14, 15, and 16 of this ordinance. Subdivision 4. Any person or entity desiring to rent, let, lease or sub-let to another any rental unit shall apply for registration by using forms furnished by the Administrator for that purpose. The forms must provide information required by the Administrator, including the following: A. Name, address, phone number (and FAX number, if owner has one) of the property owner. B. Name, address, phone number (and FAX number, if manager has one) of a designated Local Property Manger. C. The street address of the rental property. D. The number and types of units within the rental property (dwelling units or sleeping rooms). E. The maximum number of occupants permitted for each dwelling unit or sleeping room. F. The name, phone number, FAX number and address of the person authorized to make, or order, made repairs or services for the property if in violation of City or State codes, if the person is different than the owner or Local Property Manager. G. A list of the names of all residents of the premises which will be updated by the local property manager or registration holder. 4. EXEMPTIONS: This Ordinance does not apply to units owned, operated or managed by a governmental entity or agency, hospital units or rooms, nursing homes, retirement homes or other similar rental space which is otherwise registered by the State of Minnesota or the City of Hutchinson if 100% of the units are agency inspected on a yearly basis or licensed and inspected by the State of Minnesota. 5. MANNER OF REGISTRATION RENEWAL: The first registration of property must be done by March I, 2008. The City will annually rnail registration renewal forms to rental unit owners or their designated Local Property Managers on or about January 1 st of each year. Registration renewal forms must be delivered to the City Administrator or their designee no later than March 1 st of each year. Failure of the City to mail renewal forms and failure of an owner or Local Property Manager to receive a renewal form, does not excuse or waive the registration required by this Ordinance. 3 I (b) . . . 6. TRANSFER OF PROPERTY: Every new owner of a rental unit, whether fee owner or contract purchases, shall furnish to the City Administrator or their designee the new owner's name, address, phone number and fax number and the name, address, phone number and fax number of the new owner's designated Local Property Manager before taking possession of the rental property upon closing the transaction. No new registration fee is to be required of the new owner during the year in which such possession takes place, provided that the previous owner has paid all registration fees and has complied with all requirements of this Ordinance, State law and corrected any violations of health, zoning, fire or safety codes of the City or State law. If any change in the type of occupancy as originally registered is contemplated by the new owner, a new registration application will be required. 7. POSTING OF REGISTRATION: Each rental unit registration holder must post the rental unit registration in a conspicuous spot near the front entry to the rental unit in a public corridor, hallway or lobby, must retain a copy of the rental unit registration on file and must be able to produce said copy upon demand. Failure to post the registration and keep the registration posted is a misdemeanor, and may be grounds for termination of registration. 8. FEES: The fees for rental unit registration, registration renewal, late fees and inspection will be set by the City Council in the ordinance adopting the City's fee schedule. Failure to pay appropriate fees will result in the City assessing such amounts to the property value through the County. 9. MAINTENANCE OF RECORDS: All records, files and documents pertaining to rental unit registration and rental unit inspections may be obtained by the City Administrator or their designee and will be available to the public as allowed, permitted or required by State Law or City Ordinance. 10. MAINTENANCE STANDARDS: Every rental unit must be maintained in compliance with the, dwelling maintenance standards, blight ordinance and noise ordinance of the City of Hutchinson, State of Minnesota nuisance statutes, State of Minnesota dwelling maintenance standards, State of Minnesota health code, and State of Minnesota fire code, respectively as now in force and hereafter amended, revised or replaced, and in cornpliance with all other standards, ordinances, laws and regulations governing use, occupancy, construction and maintenance of property and conduct of persons in or on that property. Rental unit registration does not constitute certification of compliance with such codes, standards, ordinances or statutes by the City of Hutchinson. 11. INSPECTIONS AND INVESTIGATIONS: 4 1(10) All Inspections will be completed by the Fire Chief or their designee, so as all inspections will be completed in a uniform manner. . Subdivision 1. Law Enforcement, the City Building Official, and the City of Hutchinson respective designees and representatives, are hereby authorized to make inspections reasonably necessary to the enforcement of this Ordinance. Subdivision 2. All persons authorized herein to inspect shall have the authority to enter, with seven days notice to the registration holder or property manager any rental unit or structure containing a rental unit, registered or required to be registered, for the purpose of enforcing this Ordinance. All Registration Holders shall, as a condition of registration, consent to such entries for inspection without warrant and all Registration Holders shall include, as a condition of any lease or rental agreement with any tenant or occupant, that such tenants or occupants consent to such entries for inspection without warrant. This subdivision does not limit or preclude any other right of entry authorized by law. Subdivision 3. Written notice of a violation of this ordinance may be given to the Registration Holder by First Class mail directed to the address of the Registration Holder as shown by the Administrator's registration application file. Said notice rnay contain a Compliance Order stating that compliance with this ordinance shall be made immediately and, in that case, the notice shall advise the Registration Holder that the property may be re-inspected at a time to be determined by the person conducting the inspection. . Subdivision 4. Any person who fails to comply with a compliance order and upon conviction therefor shall be punished by a fme not to exceed the maximum penalties for misdemeanor crimes, together with the cost of prosecution. Each day of such failure to comply shall constitute a separate punishable offense. 12. FAILURE TO GRANT REGISTRATION, REVOCATION, SUSPENSION OR FAILURE TO RENEW REGISTRATION Subdivision 1. The City reserves the right to not register a rental unit unless it complies with the requirements of this Ordinance. Subdivision 2. Any registration issued under this Ordinance is subject to the right, which is hereby expressly reserved by the City, to deny, suspend, revoke or not renew the same should the Registration Holder or their agents, employees, representatives or lessees directly or indirectly fail to comply with the requirements of this ordinance or operate or rnaintain the rental dwellings contrary to the provisions of this Ordinance or any other ordinance of the City or any special permit issued by the City, or the laws of the State of Minnesota. Provided, however, registration shall not be denied, suspended, revoked or not renewed ifthe Registration Holder complies with a compliance order or orders in a reasonably timely manner as determined by the City Administrator or their designee. Subdivision 3. The City Administrator or their designee shall notify the applicant that registration has been denied, or the Registration Holder that registration is being suspended, revoked or not-renewed. . 5 l(b) . . . The suspension, revocation or non-renewal shall occur thirty-five (35) days after the date of the notification order, or at such later date as set out in the notification. 13. SUMMARY ACTION Subdivision 1. As a condition of receiving rental unit registration, each Registration Holder is presumed to agree and consent that when the conduct of any Registration Holder or Registration Holder's agent, representative, employee or lessee, or the condition of their rental unit, or the property in or on which it is located, is detrimental to the public health, sanitation, safety and general welfare of the community at large, or residents of the rental units so as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the City Administrator or their designee shall have the authority to summarily condemn or close individual rental units or such areas of the rental dwelling as the City Administrator or their designee deems necessary. Notice of summary condemnation shall be posted at the units or areas affected and shall describe the units or areas affected. No person shall remove the posted notice, other than the Fire Chief, City Administrator, or their designated representative. 14. INTERIM HOUSING As a condition of receiving a rental unit registration, the Registration Holder agrees that in the event that the registration is denied, suspended, revoked or not renewed due to the action or inaction of the Registration Holder, all tenants or sub-tenants of the residential rental unit shall be provided, at the Registration Holder's expense, suitable interim housing approved by the Fire Chief or their designee. The Registration Holder shall provide such interim housing until the registration for the unit is restored or until the end ofthe lease term, which ever is shorter. Failure of the Registration Holder to provide and/or pay for such interim housing shall be grounds for adverse action al all rental unit registrations the Registration Holder has in the city. 15. APPLICABLE LAWS: Registration Holders are subject to all of the ordinances of the City and State of Minnesota relating to rental dwellings, and this Ordinance shall not be construed or interpreted to supersede or limit any other applicable ordinance or law. 16. VIOLATIONS, INJUNCTIVE RELIEF: Subdivision I. Nothing in this Ordinance prevents the City from taking enforcement action under any of its fire, housing, zoning, health safety or other codes, ordinances and State laws for violations thereof, or to seek injunctive relief and criminal prosecution for violations of any ordinance, code or law. Nothing contained in this Ordinance prevents the City from seeking injunctive relief against a property owner or designated property rnanager who fails to comply with the terms and conditions of this Ordinance or to obtain an order closing such rental units until violations of this particular Ordinance have been remedied by the property owner or designated property manager. Subdivision 2. Violation of this Ordinance is a misdemeanor. Each separate day on which a continuing violation occurs is a separate violation. 6 l(o) 17. PENALTIES: . Subdivision I. Any person violating any of the provisions of this Ordinance by doing any act or omitting to do any act which constitutes a breach of any Section of this Ordinance, shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed the maximum penalties for misdemeanor crimes, together with the costs of prosecution. Each day that a violation continues shall be deemed a separate punishable offense. No provision of this Ordinance designating the dUties of any official or employee of the City of Hutchinson shall be so construed as to make such official or employee liable for the penalty provided in this Section because of failure to perform such duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly express in this Section creating the duty. All costs of prosecution will be assessed to the property owner. 18. WRITTEN NOTICES: Notices from the City required by this ordinance shall be effective if personally delivered or if mailed to the addressee by First Class mail, return receipt requested, to the address shown in the City file pertaining to the rental unit involved in the notice. 19. EFFECTIVE DATE: . This Ordinance is effective upon its adoption and publication pursuant to the City of Hutchinson. Provided, however, that the initial registration provisions of this Ordinance do not become effective until rental unit owners have completed the process of registration. The initial registration covers a period oftime from the date of issue through March 1, 2009. 20. SEVERABILITY CLAUSE: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not effect validity of the remaining portions of this Ordinance. This Ordinance shall take effect immediately from and after its passage and publication according to law. ADOPTED BY THE COUNCIL OF THE CITY OF HUTCHINSON THIS ,2007. DAY OF APPROVED: ATTEST: By: Steven W. Cook Its: Mayor By: Gary D. Plotz Its: City Administrator . 7 l C \0) mprovements Hutchinson. MN Plant Power II I' ~. .; !Iil ~. ~ 1111 ; ~II!I!I ~~ : J'll no . I .y I U.j . ..... 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'."'li . ~ k ~.: \., " l!I . . ~'~.. .-....' '.l.: ~ ,,_ ,'. .~. "". , I "';'" '. .'-1 . ""':!t ,., '!.. . KLl+ '-J !, ~ ..;.. ,. . -: ~~. IIi. ~ ~ '...{ f' J,.;~ \1.1j;';' IJ l I ~... !.... '" ~ ..-,; p~ .! ri" . ~ I ~~ ...if i )t,. r""" "1"- - . I ~ I. p .... - Pl:ant P.Dwer ~. c{) I~ N /. V' A W-/A LA.NDFORM -..... t..,. _...1...." of.., ~ . . . Memorandum TO: FROM: RE: DATE: Mayor and City Council Brenda K. EWin~man Resources Director Performance p~y koposal November 8, 2007 Attached is information for the City Council in regards to the Performance Pay agenda item for the November 13, 2007, Council meeting. The information includes the following: 1. Current Merit Increase Guide for Open Salary Ranges as included in the 2007 City of Hutchinson Compensation Plan 2. Proposed Pay Plan Merit Increase Guide as prepared by Mayor Steve Cook 3. Data spreadsheets for each quarter (ytd) that includes the actual performance increase granted and the resulting increase if the Mayor's proposal is applied 4. Graphical illustration of the actual and proposed performance increases (Note: The raw data includes instances of multiple employees having identical compa ratios and increase amounts. In these situations, a separate data point was not able to be noted for each individual employee.) Please contact me if you have any questions regarding the information provided. I plan to be at the meeting on November 13. Encl. \OCC\) I Current 2007 Perfonnance Pay Matrix . .mpa Ratio , o to 1.1 to 2.0 to 2.76 to 3.51 to . 4.26 to 1 1.99 2.75 3.5 4.25 5 80-84.9 0% 0% 4% 5% 6% 7% 85-89.9 , 0% 0% 4% 5% 6% 7% 90-94.9 0% 0% 3% 4% 5% 6% 95-99.9 0% 0% 2% 3% 4% 5% 100-104.9 0% 0% 0%1 2% 3% 4% 105-109.9 . 0% 0% 0% 1% 2% 3% 110-115 0% 0% 0% 0% 2% 3% . . . IOCo\~ Possible salary increases for various performance levels - for comparison purposes. 83% 85% 86% 87% . 86% 90% 92% 94% 88% 94% 97% 100% 90% 98% 101% 104% 91% 101% 104% 108% 92% 103% 107% 111% 93% 105% 109"10 113% 94% 111% 115% 95% Target 95% 105% 110% 115% '? 'l2 Merit increase if any category rated "Needs Improvement" or "Unsatisfactory" when current pay scale above 100% > 'l2 Merit increase if any category rated "Unsatisfactory" when current pay scale below 100% . 10 (c\) l..lUanert"enormanceIncreasesMayor5r-rop05cU 2007 2007 EmployeeEndina CampaAppraisal-2007Ending2007Perf. % CompaRatio RatioScoreIncreaseComeaRatioIncrease % ADMIN 111.4 108,24,26·5111.4 1 3.00% 3.00% LEGAL 107.1 2103.04.344.00%107.1 4.00% 380.0 nfalovee FINANCE 105.1 4102.03.51105.1 3.00% 3.00% 109.2109.2 5107.13.88 2.00% 2.00% 105.1105.1 6102.03.763.00% 3.00% 105.1 7102.03.52105.1 3.00%3.00% PLANNING 8108.2 POLICE 106.1 9103.04.11106.1 3.00%3.00% 4.52111.5 10108.13.00%111.5 3.00% 11102.03.58105.1105.1 3.00%3.00% 106.1 12103.03.87106.1 3.00%3.00% 109.2 13107.14.03109.2 2.00%2.00% 102.4 1497.54.32102.4 5.00%5.00% 15103.04.06106.1106.1 3.00%3.00% 105.1 16103.03.452:00%105.1 2.00% BUILDINGENFORCEMENT 1789.9 84.84.1989.9 6.00% 6.00% 104.9 18100.84.48104.9 4.00%4.00% PRCE 98 1993.34.1998 5.00%5.00% 101.8 2098.93.14101.8 3.00%3.00% 214.51111.4111.4 108.2 3.00%3.00% WATER 100.4 2296.64.01.100.4 4.00%4.00% PUBLICWORKS 80 2380.080 lovee newem nla 3,51109.2 24107.1109.2 2.00% 2.00% 83.9 2583.983.9 nlanewemlovee" 107.1 26107.13.43108.2 1.00%0.00% WASTEWATER 106.1 27103.03.51106.1 3.00% 3.00% 102.8102.8 2899.83.30 3.00%3.00% 2980.03.178484 5.00%5.00"'/", LIQUOR 100 30100.0100 104.1104.1 31102.13.18 2.00%2.00% 32100.0100 100 COMPOST 33103.0 82.4 3480.02.89 84 5.00%3.00% 82.4 80.02.7283.2 35 4.00%3.00% 84.02.8986.5 3688.2 5.00%3.00% 96.1 3792.42.9396.1 4.00%4.00%1 Mayor'sProDosal 2ndQuarterPerformanceIncreases · ComDa'"j EndinaEnding EmoloveeApDraisal2007.%2007Perf. CampaRatio RatioCompaRatio ScoreIncreaseIncrease% ADMINISTRATION,.",~'" 4.00% "', I .NANCE n/anewemloyee'- ~. MOTORVEHICL~ 3.00% Fcc. PLANNING 6.00% BUILDINGENFORCEMENT 4.00% 4.00% &'0' CITYCENTER 4.00% 4.00% ENGINEERING -~~"3;00%• 3.00% " POLICE 3.00%3.00% ,6.00% 6.00% 4.00% 4.00% . 3.00%3.00% 5.00% 5.00% 4.00% 4.00% 4.00% 3.00%3.00% FIRE ',w, 'T 3.00% 3.00% ,. PRCE --3.00% 3.00% 3.00% 3.00% 0.00% 1.00% 4.00%4.00% 3.00% 3.00% 0.00% 1.00% ~~:::'~';'2.00% 2.00"/" PUBLICWORKS.••• 2.00% 2.00% 2.00% 2.00% WASTEWATE 6.00%6.00% ~. COMPOST nfanewemlovee 3.00%3.00% 5.00%3.00% LIQUOR n/anewemplovee¥! newemployee n/anewemlovee 5.00%5.00% 7.00%7.00% 5.00% 5.00% I ,)raI.oluaner•.•errarmanceIncreasesMayor'sProposal ,"'~~"".'200" EmployeeAppraisal2007,;.% --;.~Ratio. ScoreIncreaseComDaRatiQIncreaseCompaRatio % -.""~,,,", 1104,0 ,-107.1 2.00% 5.00% 2.80~\.,._ "''''''"'~ 7"'108,2 , 7:00");'",. 7.00% 3.92.'3.00%~,;.'.'106.1 .. 7.00% 4.00% 4.00% 3.60),,'''~ .6:00%93.3' 6.00% 96.6 4.00% 5.00% 5.00% 98 2084.0 84.1 21 5.00% 2.00% 3.62~2.00%109.2 92.4 3.19 5.00% 0.00% 3.58109.3 '2.00%:~;' 2.00% iii·-"' 30 98 31 3.00% 6.00% 6.00% 3.57 2.00% 2.00% -3:00% 101.9 40 41 4.00% 42 95.7 0.00% 2.00% 44 Mayor'sProposal 4thQuarterPerformanceIncreases ,200111 Ending CompaAppraisal Employee2007%, CampaRatio % _ComDaRatio NumberScoreIncreaseIncrease Ratio ;;~'0.~ 6.00% 31 1°,,'''''. ''''',' 2,00% 2.00% 5.00% 4.00%4.00% 2.00% 4.00% 3.00% 3.000/0 6.00%6.00% 4.00%4.00% 4.00%4.00% " 2.00% 5.00%- 5.00% 1.00%0.00% 0.00% 1.00% ~. 3.00%3.00% 2,00% 4.00% 2007 Performance Increases - Qtr1 . 7% CD 6% :(l 5% l! It.l 4% c: ;. 3% .. a.. 2% ?f!. 1% 0% 80 100 105 110 85 90 95 CompaRalio 2007 Performance Increases - Qtr2 7% :l: 6% .. 5% l!! 4% u .E >. 3% .. l1. 2% "" 1% 0% 80 85 90 95 100 105 110 Compa Ratio . 2007 Performance Increases - Qtr 3 7% I 6% C'a 5% l! u 4% c: >. 3% .. 0. 2% '#- 1% 0% 80 85 90 95 100 105 110 Campa Ratio ~Actua12007 Increase . Mayor's Proposal Increase j 115 AActual2007 Increase . Ma or's Proposal Increase 115 & Actual 2007 Increase . Mayor's Proposal Increase 115 2007 Perfomance Increases - Qtr 4 . 7% = 6% ~ 5% l! u 4% c: >. 3% .. a.. 2% '" o 1% 0% 80 110 100 85 90 95 105 Campa Ratio I- , I'" Actual 2007 Increase . Mayor's Proposal Increase 115 \ (' ( c,) . . . MEMORANDUM Date: November 7,2007 To: Hutchinson City Council From: Miles R. Seppelt . Economic Development Director RE: Utility Service Extension to EDA-owned lot The Hutchinson EDA is seeking City Council pennlssion to extend city water and sanitary sewer to the industrial lot it owns located at 1020 5th Avenue SE (this is the location of the future industrial spec building -located between the Cenex grain elevator and the Charter School). To obtain city services for their new facility, the Charter School will be excavating 5th Avenue SE and tying into existing city water and sanitary sewer lines on the north side of 5th Avenue. The Hutchinson EDA has an opportunity to partner with the charter school on this utility extension, allowing the costs to be shared equally between the two. . Significant cost savings will resu~. . Only one cut will have to be made into 5th Avenue Two sets of city services will be brought in, one for the charter school and one for the EDAlot. The EDA Board of Directors has reviewed this project and they are recommending approval. Project Cost: $18,540 Source of funding: EDA operating budget My assistant, Shan Ghimire, will be present at the City Council meeting to present the request and answer any questions the Council may have. Additional information can be obtained from Kent Exner, City Engineer. \0(10') . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer Randy DeVries, WaterlWastewater Manager RE: Consideration of Water Treatment Plant Engineering Services Agreement Amendment with EarthTech DATE: November 13, 2007 The new Water Treatment Plant has been operational and producing water since this spring, and City staff has received many public conunents and multiple test results confIrming the much improved water quality. This improved water has also been noted at the City's Wastewater Treatment Facility per signifIcantly reduced effluent measurements for specifIc contaminants. Due to the relatively advanced tecimologies being used within our new WTP, arriving at this point has required unbelievable effort from City staff and our project consultant, EarthTech, As proposed within Change Order No.9 on the Council Consent Agenda., the project completion date has been revised to account for the anticipated fmal completion date. The project contractor, Gridor Construction, is willing to extend the construction timeframe to ensure that all remaining construction, operation and coordination issues are addressed and resolved. TItis definitely shows a solid commitment to the project on Gridor's part. The primary causes of the WTP construction timeframe being extended include the need to address unanticipated conditions, improve operational simplicity and enhance overall effectiveness. This has necessitated that EarthTech increase their administration and inspection efforts beyond the original project scope period of 18 months. As further explained within the attached letter, EarthTech formally requests that the City consider an approval of additional fees to address the revised project scope and timeframe in the amount of $208,400.00. The original Engineering Services Agreement for the WTP construction is also attached. Approval of this request would provide required services, including construction administration and part-time on-site construction observation, based on major construction activities completed by February and fmal project close-out occurring by May 15,2008. City staff definitely recognizes and appreciates the efforts of EarthTech to complete necessary work to date and the remaining work needed to properly finish this project. We recommend approving the Water Treatment Plant Engineering Services Agreement Amendment with EartbTecb in tbe not-to-exceed amount of $208,400.00. cc: Gary Plotz, City Administrator IOCe.) . @) EarthTech A"tycolol_Illd.Com,,,,, 3033 Campus Drive North Sullo E290 Mlrlneapolis. MN &5441 T 763.551.1001 F 763.551..2499 www.earthlech.com NDvember 6, 2007 Kent Exner, City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350-2522 Subject: Project Status Review Engineering Services Agreement Amendment WTP Improvements Earth Tech Project No. 92111 Dear Mr. Exner: This letter provides an update on the status of the WTP Improvements project and also requests an amendment to our engineering services agreement with the City. We are available to review this infonnation at your convenience. Project Status . While the WTP has provided quality drinking water to the distribution system for several months, construction activities will also continue for several months. Earth Tech, Inc. (Earth Tech), anticipates the completion of significant activities by late January or early February. Actual project close-Qut may lag into the spring to address warranty issues and to ensure thai City staff is comfortable with the overall operation of the facility. From a technical standpoint, the WTP is doing everything it was designed to do, as evidenced by recent correspondence from the Minnesota Department of Health regarding copper levels. City staff also report improvements at the wastewater treatment facility with sign~icantly reduced copper levels in the effluent and bio-solids. However, because of the unique nature of the facility, the project is running longer than estimated, primarily to address unanticipated conditions, improve operational simplicity and enhance overall effectiveness. Several issues contributed to the increased time and cost associated with the project, including, but not limited to: 1. Bio-filtration optimization. 2. SCADA system Dptimization. 3. SCADA system coordination with WWTF project. 4. Blending facilities adjustments. 5. Initial membrane fouling. 6. Maple Lake-Annandale lawsuit. The last item affected the timing for permitting the proposed wetland treatment system. Since the MCEA lawsuit was settled this past summer, MPCA has adjusted their policies regarding new discharges and recently sent the City definitive correspondence on issues yet to be . \ 0 CL) A "tyca Intomation~ lld. """"" Kent Exner City of Hutchinson November 6, 2007 Page 2 . @) Earth Tech addressed. City and Earth Tech efforts over the past year addressed many of these issues, the findings and results of Which will be submitted to the MPCA with the fonnal response. The major issues, from Earth Tech's perspective, include MPCA's policy on hardness and the potential magnitude of wetland mitigation. Engineering Services Agreement Amendment As mentioned previously, construction of the WTP Improvements is taking longer than estimated. The existing agreement between the City and Earth Tech was predicated on a construction schedule of 18 months and no more than 3,120 hours of on-site construction observation. The current construction schedule is no less than 24 months, which is a 33 percent increase in time. Our on-site observation efforts will be 60 percent greater than was included in our current agreement. Also, the O&M Manual was modified to an interactive fonnat, complete with digital links for reference materials and record information. That additional cost is $10,000. The scope oflhe current agreement has been attached for comparison purposes. . An amendment reflecting all of the additional effort reflected above would require a 25 percent to 30 percent increase to our existng agreement. However, we respectfully request an agreement amendment in the amount of $208,400.00, which is a 19 percent increase over our existing agreement. Approval of this request would provide required services, including Construction Administration and part-time on-site Construction Observation, based on major construction activities completed by eariy February and final project c1ose-out by May 15, 2008. While the efforts associated with wetland permitting have been significantly greater than originally anticipated, Earth Tech will also complete the wetland permitting process through a decision by MPCA, or until the City decides not to pursue this alternative further. Detailed design and bidding documents for the wetland treatment system are not included in this agreement,. and weren't in previous agreements, since the outcome of the pennitting process is unknown. While we understand that this request for an agreement amendment is significant, it represents only a portion of the increased effort expended by Earth Tech to assist the City in bringing this important project to fruition. We are available, at your convenience, to review this material. Sincerely, 4. /)~ G~e R. Bender, P.E. Project Manager cc: Randy DeVries, Dick Nagy Attachment: Phase 2 Engineering Services Proposal L\WOAK\HUTCKI92111\PAOJ~T\PROJ5T A TUS CPOS UPDATE 'lOO71106DOC . \OCL-.) . ENGINEERING SERVICES PROPOSAL WTP IMPROVEMENTS-Phase 2 Construction Services Hutchinson, Minnesota February 3, 2006 Project Background Earth Tech, Inc. (Earth Tech), completed a 'WTP Design Study", dated April 2004, for the City of Hutchinson recommending a membrane treatment facility utilizing reverse osmosis and biological filtration to meet the City's desired water quality goals, including source water iron and ammonia reduction and copper corrosion control. On April 27, 2004, the Hutchinson City Council adopted the recommendations and supporting reports, and authorized City staff to enter into an engineering services agreement with Earth Tech to implement the project. . Earth Tech completed the 'Water System Improvements Preliminary Design Report, dated October 2004, which provides design documentation for the improvements and was the basis for the "Value Engineering" review conducted by the City of Hutchinson. Value Engineering was conducted on Tuesday, October 26, 2004, the findings of which are documented in Meeting Minutes received November 14, 2004. City staff developed action items trom the value engineering review and a memo, dated December 14, 2004, documents those Items. The value engineering action items, together with the preliminary design report, equipment procurement, the wall, reservoir & WTP design and the Phase 1 construction engineering services provide the basis for the Phase 2 construction engineering services, which this proposal addresses. Project implementation consists of multipie procurement/construction contracts, including: 1. Membrane Equipment Procurement. 2. BioRlter Equipment Procurement. 3. Water Supply Well. 4. Ground Storage Reservoir. 5. WTP Construction & Equipmenllnstallation. Items 1-5 have been bid and construction has been completed for items 3 and 4. Equipment procurement is approaching delivery and the WTP construction contract is ready for award. Engineering construction-related services (CRS) will be implemented in two (2) phases, including: . @ EarthTech A'tIlCD ,_,,"'" U~Co.p.", \oCC) . WTP Proposal-Phase 2 Construction Services February 3, 2006 Page 2 of 3 1. Engineering CRS for Well No.8, 1.5 mg Reservoir, BioFi~er Equipment Procurement and Membrane Equipment Procurement. 2. Engineering CRS for the WTP Building and Site Improvements. Earth Tech Responsibilities This proposal addresses Phase 2 engineering construction-related services (CRS) to implement the recommended plan, as well as supplemental services for previous authorizations. Major efforts for the construction contract Include: 1. Bidding Assistance. 2. Construction Contract Administration, including: a. Project Management. b. Weekly/Bi-weekly Meetings. c. Payment Requests/Recommendations. d. Change Orders, as appropriate. e. Record Drawings/Information documentation. /. Contract Close-out. 3. Shop Drawings Review. 4. Equipment Contracts Coordination. . 5. Construction Observation. 6. O&M Manual/Review. 7. Start-up Services Assistance. Client Responsibilities The City of Hutchinson shall be responsible for the following services: 1. Assign a Project Manager, who will be the primary liaison with Earth Tech staff during the conduct of the project. This person shall generally provide direction and decisions on behalf of the City. 2. Provide background reports and Information, as may be available and necessary for the conduct of the project. 3. Coordinate project requirements with the Minnesota Department of Transportation (MnDOT), who is planning an improvement adjacent to the WTP Improvements, as well as other local projects. . @ Earth Tech A tqca lIrtematioolll U:d.Company \ () ( C) WTP Proposal-Phase 2 Construction Services February 3, 2006 Page 3 of 3 . Assumptions This proposal Is based on the following assumptions: 1. Construction contract will be complete by June 30, 2007. 2. Construction observation is no more than 3,120 hours (1.5 staff years). 3. O&M Manual includes a $40,000 allocation until determination of final format. Fees Earth Tech will complete the Services described above at a cost of $1,275,000. L-:..WORKlHUTCH'\83356\PRO..T'IWTP CRS PHASE 2 PflOPOSN... '20060203DOC . . @) EarthTech A"tqcD _Ioaol Ud.Com,,", laCe) . . . Page 1 of2 Gary Plotz From: Steve Cook [scook@hutchteLnetj Sent: Wednesday, October 24, 2007 7:57 PM To: Timothy P. Flaherty Cc: Gary Plotz Subject: Re: Hutch & the Coalition --- Original Message ---- From: Timothv P. Flahertv To: Steve Cook Cc: Gary Plotz Sent: Wednesday, October 24,20075:28 PM Subject: RE: Hutch & the Coalition Mayor and Gary- Thank you for the update. It is disappointing, but hopefully the council will pass it on the 13th. I'm including some information on our successes: . LGA - Attached is a graph that shows that Hutchinson received over $787,000 more in 2003-04 than they would have under the governor's proposal. Almost anyone would tell you that this was a direct result of the CGMC's lobbying effort. The graph also shows that Hutchinson received an additional $333,000 in LGA in 2006 as a resull of CGMC's lobbying. We were the major force behind the Marquart Amendment which resulted in $48 million in additional LGA funding. . Economic development - The CGMC lobbied for creation of the Greater Minnesota Public Infrastructure Grant program and a Greater Minnesota Redevelopment Grant Program in 2002. Both programs passed in 2002 and were funded in 2003. Hutchinson was the recipient of a $145,000 redevelopment grant in 2006. The govemor and the metro cities have consistently lobbied to make the redevelopment program available statewide and CGMC was able to keep the funds primarily dedicated to greater MN. Since passage of the Greater Minnesota Public Infrastructure Grant program, $25.5M has been awarded to greater Minnesola projects. The governor has consistently not included any funding for the Infrastructure Grant program in his capital investment recommendations, yet the program continued to be funded because of CGMC lobbying. . Annexation - The CGMC passed major annexation reform in the early 1990's and has preserved those changes against strong opposition from the townships for many years. We also expanded the 60 acre provision to 120 acres last session. Many greater Minnesota cities have used the laws CGMC was able to get passed to annex land and save hundreds of thousands of dollars in contested case costs. . Environment - The coalition has been successful at stopping fee increases and unneeded environmental mandates on cilies, saving cities millions of dollars. . Transportation - I would note that there is really no other group that lobbies on transportation solely for greater Minnesota. We were lhe only group advocating for the 4% dedication of MVST to greater Minnesota transit last session. The governor's recommended 2% would have resulted in a decrease in funding to greater Minnesota transit in the next biennium. We also had to lobby against all the metro transit interests on this provision. Chronologies of our issue areas are attached for your reference; they highlight some of the successes the CGMC has had. 11/9/2007 1(\ (.c1) . . . Page 20f2 Please let me know if you have any questions or if there is anything else we can do to encourage your council to support joining the CGMC. Do you think it would help to have any councilors attend the Fall Conference November 7 -9? Thank you for your support-- Tim 11/912007 \tld) . CGMC Environment Program Chronology of Legislative Activities, 1994-2007 2007 Arbitrary Phosphorus Limit - Through an extensive lobbying effort by the CGMC, the implementation of the MPCA's proposed 1mgIL phosphorus discharge limit was delayed until May 1, 2008. CGMC also stopped an effort by several Senators to repeal the provision within the Clean Water Legacy Act (CWLA) that allows cities in certain situations to off-set their nutrient discharges in order to avoid an economic development moratorium. 2006 Clean Water Legacy Act (CWLA) - The CGMC supported the passage of the CWLA this session after the Legislature modified the CWLA to address the CGMC's concerns. The CWLA was changed to include the following CGMC priorities: I) Grant the MPCA authority to conduct nutrient off-sets. 2) Delay the implementation of the new MPCA Phosphorus Rule until July I, 2007. 3) Prohibit environmental advocacy groups from being able to prepare TMDL studies. 4) Offer cities grants rather than loans to fund compliance with clean water mandates. 5) Remove unfair statewide water quality fees. 2005 Clean Water Legacy Act-The CGMC opposed the CWLA for three reasons; it offered loans to cities as opposed to grants for funding TMDL development, it contained regressive fees instead of general fund dollars for clean water activities, and it allowed third parties like the Sierra Club to develop a TMDL. The CGMC also succeeded in securing $2 million in bonding money for a grant program for cities to upgrade their wastewater facilities. ~ TMDL Process and Funding - The CGMC proposed legislation that would define the process used to .velop TMDLs. The bill was tabled in the House. The CGMC successfully lobbied against a bill that would allow private third parties to conduct TMDLs. Legislation was also included in the Senate environment budget bill that provided assurances that TMDL procedural issues would be addressed during the next legislative session, and language that required the governor to make recommendations for funding sources to adequately fund TMDL implementation. Because the House and Senate did not reach a budget compromise, the CGMC's TMDL language ultimately died. 2003 TMDL Regulations - The coalition obtains legislation to require the MPCA to do rulemaking to address flaws in its water quality assessment (TMDL) regulations. 2002 Phosphorus Limit Legislation - CGMC successfully lobbies the Legislature to prevent action on a bill that would have imposed an automatic, unfunded and unfounded I milligram per liter limit on all wastewater discharges into rivers and streams. 2001 Rules Reform Legislation - CGMC supports rules reform legislation that, among other things, allows petitions for administrative law judge (ALJ) review of internal agency policies, guidance manuals, and bulletins that are being enforced by an agency as unadopted rules. 2001 TMDL Rulemaking Petition - CGMC successfully petitions the MPCA to modifY its water quality assessment rules. These rules determine which water bodies are included on the 303( d) impaired waters list, and therefore receive Total Maximum Daily Load (TMDL) plans. ~ Wastewater Permitting Oversight - CGMC successfully lobbies for legislation requiring the MPCA to provide notice to local government units and evaluate alternatives before issuing permits for new wastewater treatment facilities, and requiring the MPCA to track the location and capacity of new facilities it permits. Prepared by Flaherty & Hood, PA. for the Coalition of Greater Minnesota Cities, August 2007 \lJU) 1999 Local Government Rules Petition - CGMC successfully lobbies for legislation allowing local units of government to petition for the amendment or repeal of agency rules that are obsolete, unnecessary, or that may be achieved through less costly or intrusive methods. _998 Water Quality Standards Scoping Study - CGMC successfully lobbies for $50,000 in funding for the MPCA to conduct a scoping study for developing a comprehensive cost-benefit model for the agency to use in establishing water quality standards. 1998 WIF Modifications - CGMC successfully lobbies for changes to the Wastewater Infrastructure Funding (WIF) program, to require WIF funding applicants to notifY surrounding local government units of the application. This helps to promote intergovernmental cooperation, limit urban sprawl, and use WIF dollars more efficiently. 1997 Water Quality Fee Increase - CGMC successfully lobbies against a proposed 52% increase in water quality fees, which the MPCA had proposed to help fill a $1.9 million shortfall in the agency's point -source program budget. Tbe money instead comes from the General Fund. 1997 Water Quality Standards Reform - CGMC sponsors a $30,000 scientific analysis of state water quality standards. MPCA agrees with many of the recommendations, and agrees to go through rulemaking after CGMC threatens to propose the recommendations as legislation. 1997 Wastewater Mandates Oversight - CGMC successfully lobbies for legislation requiring that MPCA report to the Legislature on unfunded mandates and their impact on local taxpayers every two years. Tbe MPCA also agrees to a legislative audit of its water quality program. ~ Blue Ribbon Task Force on Water Quality Funding - CGMC's success in 1995 results in no proposed .e increases in 1996. CGMC also participates in the Blue-Ribbon Task Force on Water Quality Funding, which in 1996 receives additional state funding to continue its work. 1995 Water Quality Fee Increase - CGMC successfully lobbies against a 6% increase in the total amount of point source water quality fees that could be collected by the MPCA, and stops a proposal for MPCA to base its fees on the volume of pollutants discharged. 1994 Environmental Issues Survey - In the Environment Committee's inaugural year, CGMC surveys its members to determine their primary environmental regulatory concerns. CGMC advocates on the federal level for more local government flexibility under the Clean Water Act, and lobbies on the state level to 1) limit increases in water quality fees and 2) require the state to fund a portion ofthe capital cost oflocal government compliance with new state environmental regulations. . Prepared by Flaherty & Hood, P.A.for the Coalition of Greater Minnesota Cities, August 2007 \ ()cJ) CGMC 'F,lghfsfor LGA fot H'utchinson CGMC Advocacy Reduced Gov. Pawlenty Proposed Cuts to LGA in 2003...2004 $3,000,000 $2,500,000 . I $1.500,000 . $2,0001000 . $5001000 $0 o Certified LGA 2003 [) Gov's proposed 2004 LGA L D Actual 2004 LGA Actual Aid R.ecei:vecl Above. Governor's Proposa_1 $78"1,660 $1.290,000 . CGMC Advocacy Made LGA a Top Legislative Priority in 2005 Change in LGA from 2005 to.2006 $1.000.000 ~ $~OO.OOO - '$6001000 $4001000. ' $200.000 . $0 Projected2006 House Tax Bill (Gov's p~an) 2006 ~..~A. Marquart Senate Tax Bill Final Deal 2006 Am.e.ndment 2006 LGA LGA 2006 LGA Act~al Aid Received Above Gove'rnor's Proposal $333,309 Source: MN House Resea.rch, Runs: 0401 govcut, hf2059slt1 and hf 785DE1a. Senate Counsel, RevlseO- Sen-ate 2006 LGA Proposal. Prepar~dfor the Coalition of Greater MN Cities by Flaherty and Hood, P.A., 1/30/0"6 l DCJ) . . . Resolution No. 13292 A RESOLUTION ESTABLISHING A POLICY AND GUIDELINES FOR THE USE OF ELECTRONIC COMMUNICATIONS BETWEEN CITY COUNCIL MEMBERS WHEREAS, the use of electronic communications is increasing as a means of communications in all parts of our society; and, WHEREAS, information received or discussed through electronic means by a quorum of a public body including the Hutchinson City Council could be considered a violation of the Open Meeting Law; and, WHEREAS, the City Council in an effort to fully comply with the provisions in spirit of the Minnesota Open Meeting Law desires to defme guidelines regarding the use of electronic communication among its members, members of the public and city staff, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCIDNSON That the guidelines for electronic communications between City Council Members in the City of Hutchinson attached hereto as Exhibit A is hereby adopted. Adopted by the City Council this 2007 day of Steven W. Cook Mayor ATfEST: Gary D. Plotz City Administrator lOCe) . . . Guidelines for Electronic Communications between Council Members in the City of Hutchinson These guidelines apply to all members of the City Council and all members of Council and City committees, commissions, sub-committees, etc. in the City of Hutchinson. For purposes of these guidelines, reference to Council Members includes members of all other city committees and groups subject to the Open Meeting Law. Reference to the Council shall include all such groups and meetings. For purposes of these guidelines, "electronic means" means email, instant messaging, chatrooms, and related electronic conversation. For purposes of these guidelines, "City Administrator" means the city clerk, manager, administrator or his/her designee. These guidelines apply regardless of whether the Council Member is using a city- provided email address and account, his/her personal email address or account, or one provided by his/her employer. Meeting materials Electronic communication of meeting materials should generally be conducted in a one- way communication from the City Administrator to the council. . . Council Members may receive agenda materials, background information, and other meeting materials via email attachment or other electronic means (such as file sharing) from the City Administrator. . If a Council Member has questions or comments about materials received, s/he should inquire via electronic means directly back to the City Administrator. A Council Member should not copy other committee members on his/her inquiry. . If the clarification is one of value to. other Council Members, the City Administrator may send follow-up materials or information to the counciL Materials relating to agenda items of a meeting must also be made available to the public at the meeting. Communication during council meetings . Council Members will not communicate with one another via electronic means during a public meeting. . Council Members will not communicate with any member of city staff via electronic means during a public meeting. loCe) . . . . Council Members will not communicate with the public via electronic means during a public meeting. Communication outside of Council meetings . Council Members should generally act with caution when using electronic means to communicate with one another, being mindful of the Minnesota Open Meeting Law. . If a Council Member wishes to share information with other members, slhe should do so through the City Administrator. The Council Member may request the City Administrator distribute materials to others. The communication should not invite response to or discussion between any Council Members, including replies to the person making the distribution request. This should be considered a method for providing one"way information to other members of the Council. Again remember that materials relating to agenda items for city business must be provided to the public at the meeting. . Council Members will not communicate with any member of city staff via electronic means other than the City Administrator and then only in keeping with these guidelines. . If a Council Member wishes to address only one other member through electronic means on any topic related to city business, s/he can do so directly, but should be mindful of the following: o The communication is to be one to one. Serial communications or successive communications to other Council Members will not be used. o The recipient of an electronic message or inquiry should reply only to the sender, will not copy others on the reply and will not forward the original email to other Council Members. o The sender of an electronic message will not forward or copy the recipient's reply to any other Council Member. , If a Council Member receives an electronic communication from any source related to city business and distributed to multiple Council Members (i.e., an email sent to the entire council from a member of the public; or an email sent to three Council Members from a local business), slhe will reply only to the sender. The reply will not be copied to all on the original distribution or forwarded to any other Council Member. . If a Council Member receives listserv distributions, electronic newsletters, or participates in electronic discussion forums where other Council Members are also likely to participate (such as chat rooms), the Council Member will not reply laCe.) _,olio......... . . . to any distribution or comment so that the reply is copied to the entire distribution group, or any part of the group that might include other Council Members. The Council Member will instead respond only to the sender of any message or mqwry. Classification and retention of electronic communications . Regardless of whether electronic communication by a Council Member is taking place on a city-provided computer, home computer or other computer system, classification of information as public, private or other is governed by the Minnesota Government Data Practices Act (Minn. Stat. Chapt. 13) and should be treated accordingly. . Council Members should retain electronic communications in keeping with city policies and procedures, whether such communication takes place on a city- provided computer, home computer or other computer system. IOCe) . . ~ Resolution No. 13293 A RESOLUTION REAFFIRMING CITY COUNCIL LIMITS IN THE ADMINISTRATION OF CITY AFFAIRS WHEREAS, it is the primary responsibility of the City Council of the City of Hutchinson to be concerned with the overall policy considerations and future development of the City; and, WHEREAS, the City has employed a City Administrator and other personnel to adrninister.the day-to-day affairs of the City; and, WHEREAS, the City Administrator has the responsibility to supervise all other employees of the City and consequently individual Council Members have no authority to direct or supervise City employees; and, WHEREAS, under Hutchinson City Charter Section 2.11, "neither the Council nor any Council Member shall give orders to any City employee eitherjmblic1y or privately", NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON That in recognition of the recitals above, the City Council, as a group or any of its members, shall not direct individual City department directors or City employees either in person, by phone, letter or email, or assign or direct employees to complete tasks, conduct research, or suggest a particular way of accomplishing individual employee's responsibilities, this all in recognition of the position of the City Administrator whose responsibility it is to direct and supervise City employees and departmental directors. Adopted by the City Council this 2007 day of Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator \ C(-~ ) . . . ~ fOR 1011t.. <.t,~ O.e e;; ~ ~ ~ October 26, 2007 Dear McLeod County Community Leader: You are cordially invited to participate in a forum for McLeod County's elected and appointed officials on Thursday, November 29, 2007, 7:00 p.m. - 9:00 pm, in the Commissioner's Boardroom, lowellevel McLeod County Courthouse, 830 UIbSt E, Glencoe. The forum is sponsored by McLeodfor Tomorrow, a group of citizen leaders that have been meeting regularly to discuss ways to develop a greater awareness of our countywide community. The group's mission: Empowering McLeod County communities to build abetter tomorrow through communication, education and networking. (See the enclosed brochure for more information.) The purpose of this forum is to bring together the following community leaders: . City managers, city council representatives and mayors . School superintendents and school board members . County administrator and county commissioners . Township officers . SWCD Supervisors . City chambers and EDA directors . Local legislators The forum will be a facilitated discussion on: I)What are the key issues/challenges/opportunities that we need to address together as a county community? 2) What are ways that we can better work together in dealing with these complex issues? 3) How can McLeodfor Tomorrow help to build community leadership capacity that can lead to increased collaboration across and among organizations and communities? If you are unable to attend, we ask that you ensure that another representative from your staff or board will be present. We hope you will view this as a valuable opportunity to: . voice your thoughts and the needs of your organization . network with a broad cross section of other leaders . learn what they view as their key issues and how those may relate to yours . become an even more effective voice and advocate for the greater Mcleod County community In order to plan for materials and refreshments, please RSVP by emailing Mary Jo Wieseler, Program Coordinator, at marvio.wieseler@co.mcleod.mn.us or by calling 320-864-1320. A response before November 15 would be appreciated. Our committee is excited to offer this opportunity to the community leaders of Mcleod County and hope you will join us. Sincerely, McLeodfor Tomorrow Steering Committee Enclosure \OCJ) Steering Committee Members are representative of both private and public sector.s of the various McLeod County con1mun;ties. Beth l-fepola Bren:[ Mareck Chris Sonju Dewey Klaustenneier Kermit Terlinden Kerry Ven ier Mary Jo SCf1ime/pfen;g Naln Crary Cindy Lindeman Steve Cook Marne Long alii Corl)y Claire Baxter -_ ~ -(t always take~ a~"gtou~'of pe'Ople'. of _ w?r~lm!i! .togetf1er with,a <:om~o~ !'l ,I . . . . rI . J,~ I ' ~. R~qf'9~e, J.~ "aQ ,~tH;lp~Ph,ere'9t..,trl!$t · aQd '~~"abPr.j!lti~ri';th get~,~tr.~Or~'ln_arY" I '. JI'1 ~lqf' '~' J!. '0 ~': .r;.IP'IJ, ;,JI.Jl.." . . ,L "II ,jtll~t ~Ij :~(llr:tg::;~ 9'ne. r.H, ." l~' ~"i J · I ,~, lr ~ I . ," Llh ,,,' . I .... . ~J~fm~ti$J K~Ltte--S:iJJncJ ~~rw..po$ner',[ J I ' U ~, r I ~L · j 1 j,. For More Information Contact: Mary Jo Wieseler. Progran1 Coordinator 830 1 r th Street, SuIte I 14 Glencoe. MN 55336 320..864-1320 m aryjo. w.jese Jer@co.mcleod.Inn. us OR Katie Rasmussen university of Minnesota Extension Regional Center '3901'1ighway lS SoutJ1. Suite 201 Hutchinson, M!N 55350 320-234-0437 rasmu03S@umn.edu UN IVEJ{SI"I'Y OF ~~I NNHSOTA 1JiIDDD woo COUNTY ~ ~ fOR- rO/J;l ~~ ~~., ;:t .~ ~ ~ Empowering McLeod County communities to build a better tomorrow through: *Communlcatlon *Education * Networkl ng PresBllt.ed by McLeod CounlJ in part.ncrship ~fith U nhfersity of lId innesotaExt.ension UNIVliKSITY OF J\4INNH:SUTA ~ fM-cLeodfortTomc1T<nV'WHl help'loea' elected leqders and cornmuni,ty leaders deaf with increasingly comple~ issues by exploring topics such ~s 'u . Understanding fead.ership In the 2'1 st cefJtury 0, Visioning . Understanding community change . Stakeholder/tonstftl~ent expe,ctations . Developing an .effe.ctive leadersh;p support network 0 Critlcal thinking skills to successfully addres~ c01l1Plex issu~s .. Managing confHct . $uild/ngand sustainIng 5uccesst"ul teams/man?ging group dynamics. . Effecti.ve facilitation . Pt)blic participation .strategies . Moving from vision to action o' Com:munities across the county . Elected an~ appointed officials from the county, cities.. school d ;stricts.. townsh ips and locallegisfators . Chambers, businesses and economic developers . Active and emerging citizen ~eaders WHAT? The content and design of the .program vvfll i'lcorporate ~ variety of educational and networking Oppo{tuniti~~ incl uding: .. Forums for officials to address ,common issues . ana create a county \iyjd~ vision . Workshops to connect people c?ttld resources around civic issues . Leadership development for emerging and 'existing leaders WH"Y?, . To build leadership capacity within th-e county 'and the communities to im'prove"effectivehess in local governance . To assist in .creating team environtrn.~nts within and arnong',cdmmunrties to expand networks In solving problems a'nd buHding the 'future ~1t"!~frr.ri:i /~~.~ .~ ~lbJ;!r"'y~ Ilr-t!3,' rfffi~i' .. " \~"" lI*"~ ~~1'(~~ .r '~\iK~~ ~~: IJ~~{;~j~~~ if~"""~ V; ~l'1J'.M1~~~G ,"y. ~!ll""'~ . , · ~~. ;,~~:~1;~ ~f~M~.~~~r~ \~~l ~, ~;'I"./g,t ~~:ll~j~ "'. i'l{ ~ '~,,-I(." 11fl..4'~"A'j"'~ '::.1 !:~,~~~~d~ ~~:€~~\t1[;f.ip ~ . r ~"r!~~. ..t.::.a~'1 COrTlmunitles to' look at doing th ing's in ne,w ways. A.'group of citizen leader$ from around the county'are leading an\effortto develop a greater awareness t)f community, coHaboration and shared vIsion for the future of Mcleod County. The' county has partnered. with University of M'innesota Extension to assist th:egroup with the content and desi9n of the program~ Mission Statement Empoyver;ng McLeod County communities to .b~Hda better tomorrow th'rough com'mun;tat~on '. educatloh and networkUl,g+ Program Objectives ;..... Supporting. pers,pnargrowth of leaders ..... increasing. comm,unity knowledge ~ D.evelopin:g comrr{unity Jeaders - C~'.\ - Encouraging cbmmunity commrtment ~ --:Working towards ~hared' visions 9nd ~J ~. purpose . . , TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Discussion of Property Acquisition for the NE Trunk Storm Sewer Phase 2 Project DATE: November 13, 2007 City staff would like to discuss the necessary property acquisition for the NE Trunk Storm Sewer Phase 2 project. The property owner's representatives will be providing an appraisal of the proposed property acquisition prior to the Council meeting. City staffhad a comparable property analysis completed prior to the property owner initiating their formal appraisal. Project and property information will be provided during the discussion. We recommend scheduling a Closed Meeting to discuss the property acquisition for the NE Trunk Storm Sewer Phase 2 project. cc: Gary Plotz, City Administrator \o(YI)