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cp10-13-2004 c
AGENDA REGULAR MEETING - IIUTCIIINSON CITY COUNCIL WEDNESDAY, OCTOBER 13, 2004 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION -Rev. Todd Ertsgaard, Oak Heights Covenant Church 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF SEPTEMBER 28, 2004 Action -Motion to approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM SEPTEMBER 13,2004 2. PIONEERLAND LIBRARY SYSTEM EXPENSE REPORT FOR AUGUST 2004 ~" ~ 3. HUTCHINSON LIBRARY BOARD MIlVCTTES FROM JULY 2b, 2004 4. FIRE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2004 (b) RESOLUTIONS AND ORDINANCES ~~ 1. RESOLUTION NO. 12533 -RESOLUTION ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR $c DISABLED CITIZENS DEFERRED ASSESSMENTS AND SENIOR & DISABLED CITIZENS REDUCED REFUSE RATE 2. RESOLUTION NO. 12534 -RESOLUTION ACTNATING DEFERRED ASSESSMENTS (c) REAPPOINTMENT OF JACK SANDBERG TO THE PIONEERLAND LI BRARY SYSTEM BOARD TO DECEMBER 2007 (d) CONSIDERATION POR APPROVAL OF AMENDED AGREEMENT BETWEEN THE STATE OF MINNESOTA AND CITY OF HUTCHINSON FOR LANDSCAPE MATERIALS ALONG TRUNK HIGHWAY 15 (e) CONSIDERATION FOR APPROVAL OF AGREEMENT BETWEEN CITY OF HUTCHINSON AND THOMAS PARKER, FIXED BASE OPERATOR, FOR PROFESSIONAL SERVICE AT HUTCHINSON MUNICIPAL AIRPORT Action -Motion to approve consent agenda 6. PiTF3LiC HEARINGS -NONE 7. COMMUNICATIONS RE UESTS AND PETITIONS ~$. UNFINISHED BUSINESS CITY CO UNCII, AGENDA -OCTOBER 13, 1004 (a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 12467 APPRDVING VACATION OF . PORTION OF NORTH PARK (LOCATION OF PARK ELEMENTARY SCHOOL SITE) Action -Motion to reject -Motion to approve 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ELECTION JUDGE WAGE INCREASE Action -Motion to reject -Motion to approve (b) CONSIDERATION OF FRANCHISE AGREEMENT FOR FENCE NEAR NORTHWOODS PARK Action - (c) CONSIDERATION OF WATER TREATMENT PLANT VALUE ENGINEERING PROPOSALS Action -Motion to reject -Motion to approve (d) CONSIDERATION OF SETTING DATE IN DECEMBER FOR 70INT MEETING BETWEEN C1TY COUNC]L AND HUTCHINSON UTILITIES FOR ANNUAL UPDATE Action -Motion to reject -Motion to approve (e) CONSIDERATION FOR APPROVAL OF AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND INDEPENDENT SCHpOL DLSTRICT 423 FOR THE RETURN OF PARK LAND (LOCATION OF PARK ELEMENTARY SITE) Action -Motion to reject -Motion to approve ~1U. MISCELLANEOUS (a) COMMUNICATIONS I . DISCUSSION OF MOTORIZED SCOOTER ORDINANCE No action. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS 12. ADJOURN L 2 MINUTES REGULAR MEETING - IIUTCFIINSON CITY COUNCIL TUESDAY, SEPTEMBER 28, 2004 1. CALL TO ORDER - 5:30 P.M. ayor Mar m orgerson ca e t e meeting to order. Members present were Kay Peterson, Jim Haugen, Casey Stotts and Bill Arndt. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodebcrg, Director of Public Works. 2. INVOCATION --Rev, Randy Freund, Faith Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF SEPTEMBER 14, 2004 Minutes were approved as presented 5. CONSENT AGENAA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS ] . PARKS, RECREATION, COMMUNITY EDUCATION BOARD M1NU'IES FROM AUGUST 2, 2004 2. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR AUGUST 2004 3. CITY OF HUTCHINSON INVESTMENT REPORT FOR AUGUST 2004 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR AUGUST 2004 5. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM AUGUST 17, 2004 6. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM AUGUST 17, 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12531 -RESOLUTION FOR PURCHASE (c) PLANNING COMMISSION ITEMS CONSIDERATION OF FINAL PLAT TO BE KNOWN AS COMMUNITY OF LAKERIDGE SUBMITTED BY CHUCK AND BRET ANDERSON WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12529) (d) CONSIDERATION FOR APPROVAL OF REAPPOINTlG DOUG MCGRAW TO AIRPORT COMMISSION TO 2009 (e) CONSIDERATION FOR APPROVAL OF REAPPOINTING DAVID WETTERLING TO UTILTIES COMMISSION TO 2009 ~` CITY COUNCIL MINUTES- SEPTEMBER 28, 2004 (t) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC PARISH SCHOOL FOR DECEMBER 16, 2004, AT ST. ANASTASIA CATHOLIC CHURCH N Motion by Arndt, second by Haugen, to approve consent agenda. Motion carried unanimously. 6. PiJRLIC HEARINGS -NONE 7, COMMUNICATIONS RE VESTS AND PETITIONS 8. UNI+INISIIED I3USINF,SS 9. NF,W BUSINESS (a) CONSIDERATION OF VARIANCE REQUESTED BY MARK SCHIERMAN AND MART{ GILD T REDUCE DRIVEWAY SETBACK TO CONSTRUCT A SHARED DRIVEWAI' LOCATED AT 1020/1030 GOLF COURSE ROAD (RECOMMENDATION PENDING OUTCOME OF SPECIAL PLANNING COMMISSION MEETING HELD SEPTEMBER 27.2004 Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that the Planning Commission recommends approval for this application. The applicants basically want to share a driveway, which requires a variance. Motion by Arndt, second by Haugen, to approve variance requested b Mark Schierman and Mark Girard to reduce driveway setback to construct a shared driveway located at 1020/1030 Golf Course Road. Motion carried unanimously. (b) CONSII7ERATION OF CONDITIONAL USE PERMIT REQUESTED $Y STEVEN BROWN TO REPLACE EXISTING NON-CONFORMING GARAGE WITH A 26' X 28' GARAGE THREE FEET FROM THE PROPERTY LINE LOCATED AT 616 BROWN STREET S W (THE GARAGE WILL ALSO COVER 26% OF THE REAR YARp) WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12528) Julie Wishncack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that there is a drainage issue regarding this pproperty. John Rodeberg explained that the property owner needs to address these runoff issues. Mr. Rodeberg explained that the property owner's downspouts can be directed to the east from the new garage, as well as doing some grading in the backyard, which will take care ofthe drainage issues. Long term plans may include paving the alley and installing curb and gutter on one side. An agreement will be entered into with the property owner poor to a building permit being issued. General discussion was held in regard to the concept ofpnvatizing alleys. Motion by Haugen, second by Arndt, to approve conditional use permit to Steven Brown to replace existing non-conforming garage wish a 26' x 28' garage three feet from the property line located at 616 Brown Street. Motion cars-ied unanimously. (c) REVIEW OF MN/DOT DISTRICT 8 LONG RANGE PLANS Jahn Rodeberg, Director of Public Works, gave a presentation on MnDOT's 25-year plan for the state's roadways. Major improvement projects included on the schedule include U5 Highway 212 from Eden Prairie to near Golpgne; TH 7 near Silver Lake; TH 7 through Hutchinson; North High Dnve/TH 15; TH 15 Central and TH 7: CSAH 4 - TH 25; TH 15: Hutchinson-Dassc] and TH 22: Glencoe Bypass. Other potential state projects include TH 15 from Kimball to St. Cloud and a TH 15 $ypass of Hutchinson. Mr. Rodeberg fiirther reviewed projected city pro ects which include a new Golf Course Road, overlay of Michigan Street, access road to new Industrial Par, downtown streetscape improvements and Washington Avenue and Adams Street roundabout in 2005. 2006-2007 projects include extending existing routes of 2 ~~ ~~~ CITY COUNCIL MINUTES -SEPTEMBER 28, 1004 Edmondton Avenue and Market Street to Airport Road; Crow River Dam; and Century Avenue SW from Dale Street to School Road. 2008-2009 projccts include a complete reconstruction of Washington Avenue East in the downtown; 6 Avenue NE/McLeod Avcnue and an extension of Edmonton Avenue SW from Target to School Road. Major McLeod County projects include the second phase of a southwest bypass and the first phase of a northeast bypass in the next four to six years. Mr. Rodeberg covered funding issues which include current insufficient funding, revised "target formulas" and proposals for increasing funding. Other issues include growth and weight restrictions. Following Mr. Rodeberg's presentation, general discussion was held regarding traffic flow on various highways. (d) CONSIDERATION FOR APPROVAL OF RESOLUTION REGARDING CROW RIVER DAM REPLACEMENT John Rodeberg, Director of Public Works, explained that multiple ideas are being considered to capture fimdinp to replace the Crow River Dam. Mr, Rodeberg is requesting that the Council approve a general resolution supporting a request for funding for replacement of the Crow River Dam. This resolution will included with various grant applications. Motion by Stotts, second by Arndt, to approve Resolution No. 12532 iq request funding for replacement of Crow River Dam. Motion carried unanimously. (e) ~~EID~RATION FOR APPROVAL OF CIVJI. AIR PATROL BUILDING IMPROVEMENT John Rodeberg, Director ofPublic Works, explained that the Civil Air Patrol donated a building to the City of Hutchinson in 2000. The City leases the building to the Civil Air Patrol, who is responsible for utilities, routine maintenance and janitorial work. The roof on the building has had major rep~urs and the Civil Air Patrol provided a lot of work to make the repairs. Staffis requesting that the Civil Air Patrol receive a credit in the amount of approximately $6200 for the labor and materials to repair the roof. The electricity charges are being proposed to be forgiven by the City until the $6200 is reached. Motion by Peterson, second by Stotts, to approve improvement expenses to Civil Air Patrol building at Hutchinson Municipal Airport. Motion tamed unanimously. 10. MISCFLLANEdIJS (a) COMMUMCATIpNS ADDITIONAL APAOINTMENTS TO HOSPITAL COMMITTEE DuWayne Peterson and Dennis Murphy were appointed to the hospital committee which will be studying the privatization of the Hutchinson Hospital. Motion by Peterson, second by Haugen, to approve the appointments. Motion carried unanimously. dim Haugen - Mr. Haugen mentioned that at the last Planning Commission meeting new aerial photos of the City were presented. These aerial photos will be presented at a future City Council meeting, Mr, Haugen also asked about the wafer main break on Highway 7. Mr. Rodeberg explained that this is an old line and broke in another section a couple of years ago. These issues should be taken raze ofwith the Highway 7 project. Casey Stotts - Mr. Stotts stated that he talked with Ken Zinda, city resident, a couple of weeks ago. Mr. 3 ~~~ CITY COUNCIL MINUTE'S -SEPTEMBER 28, 2Q04 Zinda asked Mr. Stotts to inform the Council that he would like to see if volunteers could be used for mowing parks and volunteering for other tasks. Mr. Stotts asked the City Administrator to have someone contact Mr. Zinda regarding th)s. ' Mr. Stotts also explained chat he has received phone calls regarding the ]i9uor store project and the fact that residents are not in favor of the way the liquor store pro ect is heading mainly a projected cost of $3 million dollars. He also received telephone calls regarding the 005 proposed budget and that residents would like to see it reduced. Gary Plotz - Mr. Plotz mentioned that the current Building Official, Barry Greive, will be leaving the City of Hutchinson, and has accepted a position with the State of Minnesota. Mr. Plotz also spoke about the current contract with Waste Management and that changes to the contract wi 1 be discussed after the McLeod County Board takes forrnal action on collection county-wide. In addition, Plotz has been contacted by West Centro] Sanitation and they have inforrtted him that they would like opportunity to make a proposal for collection. Mr. Plotz also mentioned that a presentation will be made by Creekside Soils at the October 13`" City Council meeting. Mr. Plotz ]astlysmentioned that the Park Elementary Task Force met today and a presentation will be made at the October 13 City Council meeting along with a formal proposal. John Rodeberg - Mr. Rodeherg explained there was a sewage issue near Tartan Park during one of the last heavy rainfalls. This was due to failure of a lift station pump. Also, a proposed franchise will be on the next City Council meeting for a property owner to place a fence on city property near Northwoods Park. Mayor Torgersou -Marlin Torgerson referred to the liquor store project and stated that committee members are also not happy with the ftgure of $3 million to expand the liquor score. Further work is being done on this project to reduce the cost. 1 ] .CLAIMS APPROPRIATIONS AND CONTRACT PAXMENTS Motion by Peterson, second by Stotts, to approve claims, appropriations and contract payments. Motion carried unanimously. Bill Peterson, 105513radford Street, presented before the Council. Mr. Peterson expressed that he also has concems about the proposed liquor store project. Mr. Peterson suggested expandtng on the south end of town as previously proposed. A woman addressed the Council concerning Waste Management. She had concems about collection at apartment complexes. Gary Flotz stated that the current contract with Waste Management is only for single family homes and duplexes. Mr. Plotz stated that this issue will be discussed prior to a renewed contract or new contract is entered into. 12. ADJOURN With no further business to discuss, the meeting adjourned at b:35 p.m. ~~ ~c~ MINUT)E;S Parks, Recreation & Community Edncation Advisory Board September 13, 200A Members Present: Bill Amdt, Mike Schiesl, Ralph Johnson and Mike Cannon. Also present were Mark Schnobrich, and Karen McKay. The meeting was called to order at 5:15 pm A motion made by Mike Cannon and seconded by Bill Arndt approved the minutes dated August 2, 2004, The motion passed unanimously. OLb BUSINF..SS Summer Proiects: *Rntary Park -The hills in the park area were leveled for the rest room. 100 trees will be planted Saturday, October 2°a. The Rotary Club funded the tree planting. *Millers Woods - A grant provided Phase 11. of prairie planting. Though the park was cleared, there are still non-native plants such as Buckthorn present. *Hwy. 15 South -The trees are planted from Century Avenue to Airport Road. Northwoods Park -One field will turned to better line up the home plate. Civic Arena -The City Council approved the $100,000 buy out by Citizens Bank to shorten the life of the loan for the west arena. The buy out will give Citizens Bank naming rights. The retirement of the loan will be mean $200,000-$250,000 of revenue to the arena. 2005 Budget -The Board received a proposed 2005 Budget for the Parks, Recroation and Community Education Department. Dolf is proposing a budget in 2005 similar to the 2002 budget. NEW BUSINESS Pool Issues - On the last day the outdoor pool was to be open, a lifeguard was late for the 6:00 am opening and the pool water was cooler than normal. An individual lap swimmer wrote a letter of complaint against the lifeguard and the city. The Board reviewed the letter. Smoke Free Parks - Quentin Kringle, a resident of Hutchinson, was present and interested in seeing the parks in Hutchinson smoke free recreation areas. Denise Ertl, representing McLeod County Public Health was present and in support of the proposal. Brittany McFaden; representing Tobacco Free Youth Recreation at the state level presented a slide show and handouts outlining the benefits and policies of other communities participating in smoke free recreation areas. She told the Board "a tobacco free enviromnent would protect the health, safety and welfare of the community". rj ~c~_~ MINUTES PRCE Advisory Board September 13, 2004 Page Two The litter created by smoking in parks is also a maintenance problem. There are currently 56 communities in Minnesota that have a smoke free policy or ordinance in place. Tobacco Frce Youth Recreation supplies communities with 100 metal signs that can be posted in parks. The non-smoking policy or ordinance is generally policed by "peer enforcement". Mike Schiesl told the board that many of the youth organizations aheady have tobacco free policies in place. Ralph Johnson told the Board that school properties have been tobacco free for seven or eight years. Ralph asked Mr Kringle, Ms McEaden and Ms. Ertl to draft a proposal to be presented to the Board at the October meeting. Bill Arndt made a motion to take action on the proposal presented by Tobacco Free Youth Recreation at the October meeting, Ralph Johnson seconded the motion, the $oard unanimously agreed. Octoher Meetine - Dolf is asking if the Board could meet on Tuesday, October 5a' because of a conflict with Monday. The members present agreed it would work except for Mike Cannon who had a conflict. Karen will check with the members not present. BOARD MEMBER ITEMS The river clean-up is scheduled for Saturday, September .l8"' Ralph Johnson thanked the PRCE Department for the preparation and clean-up in the Masonic/West River Park for the Relay For Life. Memorial Trees - Oddfellows Park is designated for memorial trees. The plaques are flush with the ground for easy mowing. There have been several requests for trees to be planted in other areas. There is no policy for the city tv follow for removal or replacement of trees in those other areas. It is something that should be considered. AIIJOURNMENT A motion made by Ralph John and seconded by Mike Cannon adjourned the meeting at 6:45pm. The Board unanimously agreed. khn r~ >L~=)~ PIONEERLAND LIBRARY SYSTEM REVENUE AND EXPENDITURE REPORT AUGUST 31, 2004 HUTCHINSDN REVENUE: UNRESERVEDIDESIGNATED FOR WORKING CAPITAL CITY OPERATING CITY AUTOMATION COUNTY OPERATING COUNTY AUTOMATION CHARGES, FINES COPIES (COPIER, FAX, COMPUTER) GIFTS BOOK SALES OTHER TOTAL REVENUES EXPENDITURES: SALARIES HEALTH INSURANCE HEALTHINSURANCE-pEDUCTIBLE PAYROLL TAXES BOOKS PERIODICALS VIDEOS TELEPHONE POSTAGE NEW EQUIPMENT MAI NTENANCEICONTRACTS SUPPLIES/PRINTING P ROMOTIDNALIPRDGRAMS/ADS INSURANCE(WORK COMPlCONTENTSlLIABILITY) PROFESSIONAL FEES (AUDIT) BOOKKEEPINGIOVERDUES GDNT ED/M7G5/MLGE SALES TAX AUTOMATION SERVICES TOTAL EXPENDITURES UNP.ESERVEDIDESIGNATED FOR WORKING CAPITAL v M-T-p Y-T-D % OF % OF AMOUNT AMOUNT BUDGET ,-BUDGET YEgR 0.00 121,157.85 121,152.00 100.00%. 87% 0.00 76,567.75 104,757.00 75.00°h 67% 0.00 6,138.50 8,182.00 75.00°h 67% 0.00 37,481.49 50,590.00 74.09% 87% 0.00 4,454.00 4,454.00 100.00% 67% 555.00 4,352.65 6,400.00 88.07% 67% 314.75 2,458.80 3,000.00 81.96%. 67 k 0.00 4,242.79 4,000.00 106.07% 87/0 D.DD 0.00 0.00 O.DO% 6 /e 123.98 1,820.09 BDO.DD 270.02% 6 % 993.73 260,486.02 303,735.00 ., 65.92% 67°h -12,419.52 -80,423.94 -120,510.00 b6.T4%. 87% •420.04 •438.89 •3.107.00 14.08% 67°k 0,00 0.00 -320.00 0.00% 87% -1,440.27 -9,63$.81 -15,688.00 61.51°k 87% -1,642.16 -14,808.93 -29,000.00 51.07°k 'fi7% -190.00 -3,625.82 -4,498.00 80.59% 67% -22.49 -138.40 •1,434.00 9.$1% 87% fi2.56 -212.07 X20.00 50.49% 67% •37.Dq •134.00 -250.00 53.60°h 67°/ 0.00 -176.00 -0,159.00 4.23% 67% 0.00 0.00 •1,428.00 O.DO% 87% O.OD -921.20 -2,080.04 44.29% 87°/, 0.00 -528.81 -fi3fi.00 83.71% 67% O.DO •1,441.88 •1,531.00 94.18% 67% 0.00 -98.88 105.00 92.27% 87% -375.76 -2,601.18 -3,800.00 68.45% 67°k O.DO •94.87 -444.00 21.37% 67% 0.00 0.00 -250.00 0.00% b7% -1,053.00 -8,424.00 -12,636.00 68.87Y° 67%a •17,642.82 •123,698,28 202,269.00 61.16°k 67% -16,649.08 136,767,74 100,888.00 -135.59% 67% .J ~:;\ Minutes Hutchinson Library Board Meeting July 26, 2004 . Members Present: Kay Johnson,John Hassinger, Kay Peterson, Larry Ladd, Julie Jensen, Connie Lambert, Newt Potter, and Mary Henke(Librarian) The meeting was called to order by Connie Lambert, President. Minuets from the last meeting were reviewed and approved. Reports: 1. Pioneer Land Library System board meeting, Jack Sandberg reporting. Pioneer Land budget preparation is delayed so the work will mesh with the cites budget work. There was discussion about a gift to the Litchfield Library. Can a gift be kept for a single library? piscussion about the possible use of Ridge Water College students at the Willmar Library. The Union contract has been settled to the end of 2005. John Houlihan shared information about the state library system. The system could 6e made to be more efficient. Old Business: 1. Wrap up of the 100th anniversary celebration. A record of pictures will be made and kept for posterity. The event was completed within budget. A total of $469 was spent and may donations were received. Thank you notes will be sent to people who donated items. t7ne hundred thirty two books have been purchased with donated funds($2429.77). 2. Archie Kucera's retirement party. City will pick up cost for cake and beverage. The party was 2:30 to 4:30 on July 28 in the library meeting room. 3. Portraits of Librarians. A search is on looking for pictures of former librarians. A story will placed in the Leader to help in the search. 4. Community Forums. Looking for suggestions for forums. Possible topics; Hutchinson's 150th anniversary, Internet workshop, candidates forum, history of presidential elections. Committee for forums: Kay Johnson, John Hassinger, Newt Potter New Business 1. No new business Next meeting: Will skip August meeting unless something arises that needs attention. Next meeting -September 27 Meeting adjourned 5:35 Newt Potter, Secretary r ~. 51-~~3 • Memo To: Mayor and City Council Members From: Brad Emans, Fire Chief date: tl)/Ot/04 Ree Monthly Update on Activities of the Fire Department The Fire department responded to 34 general alarms in the month of September. Example of a few of the calls: t. We responded to an apartment building where a tamp shorted out filling the unit with smoke. The renter had to be convinced it was time to get rid of the lamp. 2. We responded to one of our senior apartment building for the third time in two months for a gas leak in the kitchen. On all three events the knob on the range was tumad on just enough to emit gas. 3. We responded to a gas leak in one of our motels, a roof unit was leaking gas. 4. We responded mutual aid to Lester Praide for a large bam fire. 5. We responded to smoke coming from a garage on Franklin Street, upon arrival we found illegal items being burned in the wood stove. This Is the breakdown of the calls for the month: City: Residential 3 Commercial/Industrial SMulti-family 8 School 2 Hazardous Material 2 Vehicle 1 Rural: Rescue 4 Medical 2 Residential 1 Farm Building- Mutual Aid 1 Commercial 2 Drills /Meetings /Other Information • Inventory • Water movement • Locate and pump water 1 5~~-~ ~~ • Mnual firefighter reviews Fire Prevention Public Relations 1. We held vur annual °Open House" 2. New Charter School 3. Held a fire extinguisher Gass for Ridgewater College 4. Held an information /procedural meeting for the residents of Prince of Peace 5. Held an information !procedural meeting for the residence of Greencastle • Page 2 ~<<~~~{ Ciey of 4 CITY OF HUTCHINSON RESOLUTION NO. 12533 RESOLUTION AMENDING RESOLUTION NO. 11993 ESTABLISHING INCOME GUIDEL]NES AND ASSET LIMITATIONS FOR SENIOR & DISABLED CITIZENS DEFERRED ASSESSMENTS AND SENIOR &. DISABLED CITIZENS REDUCED REFUSE RATE WHEREAS, the Minnesota Statutes provide tax deferral for senior citizens, 65 years of age or older, or a person(s) on disability as deEned by the Social Security administration, for whom it would be a hardship to make payments, and WHEREAS, the home owner can make application for deferred payment of special assessments on forms which can be obtained from the City Administrator's office, and WHEREAS, the home owner/renter can make application for reduced refuse rate on forms, which can be obtained from the City Administrator's office; NOW THEREFORE, TH$ CITY Council has established the following income guidelines, asset limitations, and verification requirements for applications of deferred assessments and/or reduced refuse rates: 1. To be granted to person(s) with a low income of $21,300.00 per year fro one person and $24,350.00 per year for a married couple. 2, To be granted to person(s) with as asset limitation of not to exceed $30,000, excluding the homestead and automobile. 3. Deferred assessment and/or reduced refuse requests may only be applied for if the following documents are submitted at the time of said application. A. Federal Income Tax Form 1040, 1040A, 1040EZ; or ~~ ~~ Page 2, Resolution 12533 Senior Deferred Assessments Senior Citizens reduced Refuse Rate B. Minnesota Property Tax Refund Form M-1PR Every two years the city can request said information to continue reduced refuse charges; existing reduced refuse accounts shall submit the same documentation to continue the reduced charges. Adopted by the city council this 13`" day of October 2004. ATTEST: Gary D. Plotx City Administrator .~ Marlin Torgerson Mayor _5<<~~ ~ RESOLUTION NO. 12534 RESDLUTION ACTIVATING DEFERRED ASSESSMENTS ASSESSMENT ROLL NO. 2940 WHEREAS, the following properties have assessments in deferred status: • Assessment R I p. Ci PID Con PID Interesf R SA-294A 02-116-30-13-0020 23.375.002p 5.54°k SA-294A 02-116-30-13-0060 23.375.0060 5.54% SA-294A 02-116-30-13-0080 23.375.0070 5.54°h SA-294A 02-116-30-13-0090 23.375.DOSD 5.54% SA-294A 02-116-30.14-0050 23.376.0010 5.54°h ANp WHEREAS, the City proposes to activate said assessments, with payments over a 10-year pertod at the originalin[erest rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESQTA: 1. Such proposed activation of said assessments is hereby approved, and shall constitute a special assessment against the lands named therein, and each traCtof land therein included is hereby found to be beneTited bythe proposed improvement in the amcunt of the assessment levied against It. 2. Such assessment shall be payable in equal annual installments extending over a period of ten X70) years, the first of the Installments to be payable on or before the first Monday In January, 2005, and shall bear interest at [he original rate of 5.54% 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 becember 31, 2004, until the 31st day of December 2005. 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 Clty Administrator, except that no interest shall be charged 'rf the entire assessment Is paid by the 15th day of November, 2001; and he may, at any time thereafter, pay to the City Administrator the entire ampunt 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 thrcugh pecember 31, of the next succeeding year. 4. The Adminlstratar shall forthwith transmit a certifed duplicate of this assessment to the County Auditor to be extended on the property tax Ilsts of the County, and such assessment shall be collected and paid over In the same manner as other municipal taxes. Adopted by the Ccuncll this 13th day of October, 2004 Mayor Administrator ~~ mMVLED Br; P wLrcel sEV1 ]0 W AC71YFiEG ASSESSMENT RGIl ADOPiEO: 1W11M9N fANRREBI{Y; YVJNLER PEEN ASSESSEH7f ROLL XO. IBA1 NI]YBEA DF YEAf$: f0 ar: JRGtlEeE~ LETTING NO. ]IPRGJEC7 H0.91A7 srFEBESr Pate 5 576 oRplRLLY Skive LAKEhYOIlOORNE FRONTON SLY GF NCGOH0.LD DR TO SOIlfH GRADE RD BY COXSTRIICTION GF STORM SEfYER, SANTARY SEWERB BERNCE3 AGTNATf@ . 111`IEm101 WATERNFIN dSE/SYICES, GR ADNCti GRA4~BASE,CONC REIE CUiedG BIIUNINOIA3 SASEd APPIIRT , EMM1HCES 2)Od _ FirtYSll .. MnAr EXRtl PeN G/med ~l~ ~ .-" fraM - - - dYen ~Tml Cues AleexmsA Adhallt Jsl Le6^OIEJ Rot Yer Yes Ydeml [MMOD [tpal NuOrd FitYell AdN Tee AMITYn eiA YtaaR iD7tl TOYI Yt,ROjs! RaiYp AeN1NeE ND. Ib. PIO/ - Oee~ - FeM Asasb Re1e ~7Vmu1 W6s BtYW Elgin -'Flee!' Yinq IL.9si fteeel i1bIG~ Y FIFO Onr 17P 700ii Le1Nq Na3 1p-77E:36e1mA RdatlE D'an Wa¢ti AcgslrlAYass 950letramdDr 511' PRfd Ho. 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B4019mamd LF SW Ld 1. 5 Sgd3 Ii37dm70 Huk3iem NN :639 FM AriMb MMin 1991 70 551% 3 AO 7] 5 320.1A 9.m !ZSffim D f - S 3pR10 j 1,]1210 O.OD3 f ~ S - i 5,172eD SOTA UTNAT®ASSEffi1ENT RULL .&V~aeO 1 Nped01 S - f ~ f S u0 V ' n S i/ Administrative Office • 410' Fifth Street SW ioneerland P.o. a°x 327 LIBRtARrY 1SYSrTrEM Willmar, Minnesota 56201-0327 ~"""~"'~"1~"~~~"' Phone: (320)235-6106 Fax: (320)214-0187 .Y 1 September 13, 2004 Jack Sandberg 571 Juul Road SW Hutchinson, MN 55350 Dear Mr. Sandberg: According to our records, your present term on the Pioneerland Library System Board ends on December 31, 2004. At this time, you will be eligible to serve another 3-year term Please notify your local city administration if you are interested in serving another term. We appreciate the time and effort you have given to Pioneerland Library System during the years you have served. Sincerely, 1 ~~1~ ~rl~l~~ Mary Mill Administrative Specialist Pioneerland Library System Cc: Hutchinson city administration ~~~ ~~Nn~ ~lq ~~~~~ or- r~P ~~ Minnesota Department of Transportation Di5triCt 8 - Willmar(Marshall(Mutchinson 1800 East College Drive Marshall, MN 56258 September 28, 2004 Mr. Mark Schnobrich City Forester 1100 Adams Street 5E Hutchinson, MN 55350 Re: Cooperative Agreement No. 85070 S.P. 4304-969 (TH 15) City of Hutchinson Dear Mr. Schnobrich: Office Tel: 507-537-3601 800-657-3748 Fax: 507-537-6137 www.dot.state.mn.us Transmitted herewith in duplicate is a proposed amendment to the original agreement between the State and the City of Hutchinson. This amendment provides far payment to the City of the State's share of the cost of additional landscape materials by the City for use along and adjacent to Trunk Highway 15 within the corporate City limits, in accordance with.the State's "Community Roadside Landscaping Partnership Program." Present this amendment to the City Council for their approval and execution that includes original signatures of the Mayor and City Administrator on both copies of the amendment. The 3ro copy is for your files. Enclosed is a copy of the original resolution passed by the City Council authorizing the Mayor and City Administrator to sign the amendment on its behalf. If you have any questions, please call me at 507,537.3601. Sin rely, i Stu Peterson District State Aid Engineer Assistant/ Marshall Agreements Coordinator cc: Maryanne Kelly-Sonnek (MS 682) File An equal opportunity employer ~ c~~ OFFICE OF TECHNICAL SUPPORT STATE OF MINNESDTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT AMENDMENT TO Mn/DOT AGREEMENT NO. 85070 AMENDMENT NO.1 S.F. 43D4-969 (T.H. 15=151) State Funds ' The State of Minnesota Department of Transportation, and The Cit of xutchinson Re: State cost for additional landscape materia~.s acquired by the City on T.H. 15 ORIGINAL AMOUNT ENCUMBERED __ 10..000.00 AMENDMENT AMOUNT ENCUMBERED $932.76 TOTAL OBLTGATTON $10,932.,76 AMOUNT RECEIVASI,E (None) _•_ L.J THIS AGREEMENT AMENDMENT is made and entered into by and between the State of Minnesota, Department of 'transportation, hereinafter referred to as the "State" and the City of Hutchinson, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 5(d) s5o7o-1 WI-IEREAS, the State and the City did enter into Agreement No. 85070 dated June 4, 20D3 providing for payment by the State to the City of the State's share of the cost of the landscape materials acquisition along and adjacent to Trunk Highway No. 15 from Airport Road to Century Avenue within the corporate City limits under State Project No. 7304-969 (T.H. 15=151); and WHEREAS, after Agreement No. 85D70 was fully executed, the City requested and the State concurred in the need for additional landscaping materials; and WHEREAS, the State and the City desire that Agreement No. 85070 be amended so that the Agreement reflects the final cost of landscape materials. zT I8, THEREFORE., MUTUALLY AGREED AS FOLLOWSs I ARTICLE II, SECTION H. OF AGREEMENT NO. BS090 DATED SUNS 4, 2003, IS HEREBY AMENDED AND MODIFIED TO INCLUDE TH$ FOLLOWING: S6C~lOII B. Pa 6IIt The original maximum obligation of the landscape materials acquisition was $1D,000.00. The maximum obligation of the State under this Agreement shall not exceed $10,932.76. The State shall pay to the City the additional cost of $932.7fi for the delivered cost of the landscape materials, not to exceed the maximum obligation, after the following conditions have been met: 1. Encumbrance by the State of the State's total cost share. 2 ~~~ 4 2. Execution and approval of this Agreement Amendment and the REMAIN IN FULL FORCE AND EFFECT. 8507D^1 State's transmittal of it to the City. 3. Written request for payment by the State. IIx EXCEPT AS AMENDED AND MODIFIED HEREIN, ALL OF THE TERMS AND CONDITIONS SET FORTH IN AGREEMENT N0. 85070 DATED J[7NE 4, 2003, SHAhL , IV BEFORE THIS AGREEMENT AMENDMENT BECOMES BINDING AND EFFECTIVE, IT SHALL BE APPROVED BY A CITY COUNCIL AND EXECUTED BY SUCH STATE AND CITY OFFICERS AS THE LAW MAY PROVIDE IN ADDITION TO THE COI~IISSIONER OF TRANSPORTATION OR THEIR AUTHORIZED REFRESENTATIVE. V THE STATE'S AUTHORIZED AGENT FOR THE PURPOSE OF THE ADMINISTRATION OF THIS AGREEMENT IS TODD CARROLL, LANDSCAPE PARTNERSHIP PROGRAM, OR HIS SUCCESSOR. HIS CURRENT ADDRESS AND PHONE NUMBER ARE 395 JOHN IRELAND BOULEVARD, MATLSTOP 620, ST. PAUL, MN 55155, (661) 264-3760. THE CITY'S AUTHORIZED AGENT FOR THE PURPOSES OF THE ADMINISTRATION OF THIS AGREEMENT IS MARK SCHNO$RTCH, CITY FORESTER, pR HIS SUCCESSOR. HIS CURRENT ADDRESS AND PHONE NUMBER ARE 1100 ADAMS STREET SE, HUTCHINSON, MN 55350, (320) 234-4459. ~. 3 ~ // _~ l esa~o-i ~N TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VLRTFICATxON Inds Vidllal Cnrtifiea that funds have been encumbered as YbQuired by Minn. Stat. §§ 16A.15 and 16C.05. By Date MAPS Encumbrance Ne. CITY OF HuTCHTNSON Sy Mayor Doke Sy _ Date Cy Apmxnlstrator DEPARTMENT OF TRANSPQRTATION Recommended for apyroval: By Landscage Partnarshin Program Coordinator sy AHDrOyed: By State Deai gn Bngineer bate District Engineer Apgraved as to form and execution: Sy Contract Management Date COMMISSIONER OF AItMINISTRATION Aa delegated to Materials Management plvisl.an By Date 4 ~L~ CITY OF HUTCHINSON RESOLUTION IT I5 RESQLVI?l7 that the City of Hutchinson enter into Mn/DOT Agreement No. 85070 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs for We acquisition of landscape materials to be placed by the City upon, along and adjacent to Tturtlt Highway No. 15 from Airport Road to Century Avenue within the corporate City ]units under State Project No. 4304-969 (T.H. 15=151). - Tf LS FURTHER RESOLVEb that the Mayor and the are rn~~ authorized to execute the Agreement and any amendments to the greement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of lutchinson at an authorized meeting held on the y.~~ day of 2003, as shown by the minutes of the meeting in my possession. - rl-ts;~.m' `j `~ Subscribed and sworn to before me this 1~ day of 2003 Notary Public 1 \+1~~~+..aA~ ~,y, My Commission Expires _L ~ "~(o t~ll~ STAt9KE NOTA {I~ C - YINNESOrA ". ~6p..len.81. C~wr~~_QVotz ~r~~x.~> C:~, ~dt~~~- ~~~ ~~~~ AGREEMENT BETWEEN CITY OF HUTCHINSON AND THOMAS PARKER, FIXED BASE OPERATOR, FOR PROFESSIONAL SERVICE This agreement, made this day of , by and between the CITY OF HUTCHINSON (the "City") and Thomas Parker ("F.B.O."), is for the purpose of outlining the rights and responsibilities of the parties to this Agreement. 1. Shop and Office. The Hutchinson Municipal Airport is comprised of a number of structures including a structures known as the maintenance shop (the "Shop") and F.B.O. Office (the "Offce'"). The shops"~~+-~^ ,noo_nnnn is approximately 60'x130'; and the Office is approximately 12.5' x 18', consisting ef, for the purposes of this agreement, o_f 5,025 square feet. 2. Exclusive Use. F.B.O. shall have exclusive use of the Shop and Office to conduct aviation-related business of ordinary course. 3. Use of Sho and Office. F.B.Q. shall have the right and privilege, during the term of this Agreement, to use the Shop and Office far the purpose of conducting aviation-related business ainsrat~. F.B.O. shall pay an annual consideration ° ~°~ +^ +"° ~- ° +^^+ charge-asses"°'' ° ^°{ ^•~°. ^ fminr +1,° ~+,^^ Th,. r'+i aFEE• ff69t f^.r ~.. ...+....-.c _eor.rl°r°.+ {.. +V.° !"'ih. 1Mw4 ~L...II .. mss.. ~~ ~Hn~.~l r°r.{ f^. +L.° i°rm ^+^++''"^^~^^~„e:,t of $1,200 peg-year, due and payabl_e__before the end of each calendar year. _ 4. Condition of the Shop. F.B.O. shall accept the Shop and Office in the condition they exist on the date of execution of this Agreement, and the City shall not have any obligation to make any alteration, addition, or improvement to the Shop or Office. The F.B.O. is responsible for maintaining the Shop and Office in a neat and sanitary condition. The F.B.O. must receive permission from the Cit to make ermanent im rovements to the Office and Sho .The F.B.O. shall allow the City access to the Shop and Office for purpose of maintenance, inspections, and for ascertaining the F.B.O.'s compliance with the provisions of this Agreement. 5. F.B.O.'s Services Required. F.B.O. shall be available to conduct aircraft maintenance and repair and for the sale oT aircraft parts, supplies, and aviation fuel to the aviatien public during normal business hours. The F.B.O. shall be available tp the public to answer general questions about airport operations during normal business hours. The F.B.O. will perform various tasks related io general airport functions, including reporting maintenance requirements to the City for, the Airfield, Shop, Office, City-operated hangars, or other devices on airport property. ~`~ 6. Heatina__and Other Utilities. F.e.p. shall pay any and all rates and charges which may become due pr payable far water, gas, electric current, telephone rubbish removal or any other utility used or consumed in connection with business activities or the use of the mobile home during the term of this ~" Agreement, and shall, within a reasonable time after request by the City to provide proof of such payment, 7. Aviation Fuel. F.B.O, shall sell aviation fuel to the public, The City shall retain the responsibility for maintaining and replacing the fuel tank. The City shall also install and maintain the mechanical equipment and fixtures used for dispensing fuel. The F.B.O. shall remit to the City a fuel system maintenance fee in the amount of $0.05 per gallon of fuel pumped. The City may request that the F.B.O. report the price far fuel displayed at the fuel pump. The F.B.O. shall report any issues regarding maintenance of,the mechanical equipment and fixtures of the fueling system. F.B.O. may discount fuel prices to customers at his discretion. The City shall not be responsible for billings, collection of funds, or other services related to selling fuel and collecting money. B. Mobile Home. City shall furnish a location and water, sewer, and electrical hookups appropriate for the placement of a mobile home by F.B.O. on airport property. The City shall have no responsibility for furnishing or maintaining a mobile home for F.B.O.'s use. F.B.O. agrees to keep any mobile home located on the premises in good condition and to comply with municipal building and safety codes with regard to the condition of said mobile home and to also comply with any applicable state or county rules and regulations regarding said mobile home. 9. Independent Contractor. It is understood and agreed that the relationship between F.B.O. and the City shall be that of independent contractor. The City has not hired F.B.O. as an employee of the City or of the Hutchinson Municipal Airport. The City shall not be responsible for any benefits pr expenses typically accorded employees, including, but not limited to salary, medical benefits, retirement benefits, unemployment, or severance benefits, nor shall and the City ~~°'~^^' provide workers compensation coverage to the F.B.O. t0. Insurance. F.8.0. shall obtain and pay for and-ebtain, prior to taking possession of the Cffice and Shop, insurance in the farm of business liability insurance and hangar keepers insurance in an amount and form satisfactory to the City at limits at least equal to that which the City carries. F.B.Q. shall name the City as an additional insured and provide the City with a certificate of insurance. F.B.O. shall provide the City, upon request, proof of adequate and appropriate insurance coverage relating to business activities on airport property. ~~ sl~~ At the time of this agreement, coverage limits are to be $1,000,000 per occurrence and $2,OOO,OOD aggregate. These limits may be adjusted from time to time b written amendment hereto. 11. Hoid Harmless. F.B.O., while engaged in the performance of any service or function related to this Agreement, agrees to indemnify, save and hold harmless, defend the City and all its agents and employees from any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or the performance of the services provided in accordance with this agreement. 12. Mortgages; Assignment. F.B.O. shall not mortgage, encumber, assign as security, transfer, assign or sublet the interest of F.B.O. in this Agreement, in whole or in part, without the prior written consent of the City. 13. Termination. This agreement shall have a term of three years from the date of its execution. This agreement shall renew for another three-year term upon approval of the Airport Advisory Commission and subsequent action by the City Council. Additional three-year terms may be applied for when at least one year has past from the date of execution. 8ither party hereto may, at any time and for any reason, terminate this Agreement upon sixty (60) days advance written notice to the other parry. 14. Removal of Items. F.B.O. shall not, under any circumstances, remove from the Shop or Office any item or property, including fixtures, attached to and made a part of the Shop or Office. 15. Surrender of Possession. F.B.p. shall, upon termination of this Agreement, peaceably vacate the Office and Shop and quietly yield and surrender the Office and Shop to the City in as good condition and repair as existed on the date F.8.O. entered into possession thereof, reasonable wear and tear excepted. The City may conduct inspections, to which the F.B.O. may be a party, to determine the condition and repair of the Shop or Office. F.B.O. will pay far those damages determined to be beyond reasonable wear and tear. 16, Discrimination. F.8.O., in the use of the Hutchinson Municipal Airport, shall not on the grounds of race, color, or national origin discriminate or permit discrimination against any person or grpup of persons or in any manner prohibited by Part 21 of the Regulations of the Office of the United States Secretary pf Transportation, and F.B.O. further agrees to comply with any requirement made to enforce such regulation which may be demanded of the City by the United States Government under authority of said Part 21. 17. Use of Airgort Facilities. F.B.O. may, during the term of this Agreement, use the existing pilot lobby, flying field, and municipal airport facilities in common with other users. F.B.O. agrees to abide by all rules and regulations applicable to the use of airport facilities whether the United States overnment the State of Minnesota the Cit pf Hutchinson or other og verning body adopts those rules and reaulations. ,~J 18. Successors. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 19. Taxes. Should any determination be made that the interest of F.B.O. in this Agreement is taxable, and should any tax be levied pursuant to such determination, F.B.O. shall promptly pay such tax when due, and shall, within a reasonable time after request by the Gity, provide such proof to the City. 20. Fixtures• Im rovements. F.B.O. shall not attach tv or install in the Office and Shop any fixture, or reconstruct, enlarge, add to or alter the Shop, or any part thereof, without written consent of the Gity. 21. Ownership. The Office and Shop, and any improvements, alteration or addition made, and any fixture attached to the Office and Shop during the term of this Agreement, shall become and remain the property of the City. 22, Destruction. In the event the Shcp shall be destroyed by any cause, whether natural or man-made, or shall be rendered or become unusable far any reason, this Agreement shall immediately and without further action cease and terminate, in which event F.B.O. shall peaceably surrender possession of the Office and Shop to the City. 23. Com liance with Laws. F.B.O. shall abide by and conform with all laws, rules, and regulations, including future amendments thereto, controlling or in any manner affecting F.B.O. relative to the use or occupancy of F.B.O. hereunder. 24. Default. In the event F.B.D. shall default in the performance of any of the terms, conditions or covenants of this Agreement by F.B.D, to be performed, and the default shall continue for a period of twenty (20) days after the service of written notice of such default by the City on F.B.O., the City may enter into and upon the Shop or Office or any portion thereof and repossess the same with or without terminating this Agreement and without prejudice to any other remedy for rent or breach of covenant, and in any such event may, at the option of the City, terminate this Agreement by giving written notice of the termination. The City may not repossess upon default by F.B.D. personal property owned by F.B.O. and stored in the Shop of Office. The rights and remedies given to the Gity are, and shall be deemed to 6e, cumulative, and the exercise of one shall not be deemed to be an electipn excluding the exercise by the City at any other or different time of a different or inconsistent remedy. 25. Venue for Causes of Action. The laws of the State of Minnesota shall overn this a reement and the venue for an causes of action shall 6e McLeod Count State of Minnesota. 26. Commercial O erations. F.B.O. shall be responsible to meet, and provide upon request, verification of all licensure requirements of the State of Minnesota and/or the United States Government to legally comply with this agreement. ~~~~ 27, Notices. All notices under this agreement shall be sent to the following addresses: If to the City: John dlson, Public Works Superintendent Gity of Hutchinson 111 Hassan St SE Hutchinson, MN 55350 If to F.B.O.: Thomas Parker 16713 Hwy 15 Hutchinson, MN 55350 This Agreement shall not be assignable by either party. This Agreement shall not take effect until it has been approved by the City Council of the City of Hutchinson. CITY GF HUTCHINSQN; Dated: Attest: F.B.O.: Dated: sy: Marlin Torgerson, Mayor Gary D. Plotz, Gity Administrator 6y: Thomas Parker 5 ~~~~~ RESOLUTION NO. I24d7 ItESOi,ilTION APPROVING VACATION OF PDRTION OF NDRTH PARK (LOCATION OF PARK ELEMENTARY SCHUOL SITE) WHEREAS, a portion of the original plat of the City of Hutchinson contained an area of land dedicated to the public for use as a park (such area is now known as North Park); and, WHEREAS, shortly after the dedication of this land, 2 %z acres of this park property was deeded by William Harrington to the Hutchinson School District ("School Parcels"); and, WHEItEA5, the School Parcels of North Park have continuously been used for educational purposes since the 187ps; and, WHEREAS, Hutchinson School District ISD #423 has formally requested the City of Hutchinson to vacate the School Parcels and another small parcel of North Park representing the area of the park occupied by school buildings and adjoining land which would provide lot line setbacks to conform to the City's building and zoning ordinances. The parcel to be vacated is specifically described as: That part of the North Yark in the SOUTH HALF OF HUTCHINSON, according to the recorded plat thereof, described as follows: Commencing at the northeast corner of said North Park; thence southerly, along the east line of said North Park 2(x4.00 feet; thence westerly, parallel with the south line of said North Park 2(14.00 feet; thence southerly, parallel with said east line 221.80 feet to the point of beginning of the land to be described; thence westerly, parallel with said south line 54.00 feet; thence southerly, parallel with said east line 39.00 feet; thence easterly, parallel with said south line 31.20 Feet; thence southerly, parallel with said east line 21.50 feet; thence easterly, parallel with said south line 22.80 feet; thence northerly, parallel with said east line 60.50 feet to the point of beginning. WHEREAS, said land is deemed unfit for the purposes for which it was originally dedicated and it is deemed to be in the public's interest to vacate the ahove-described parcel of land in favor Hutchinson School District ISD #423; and, WHEREAS, the Hutchinson School District and the City of Hutchinson desire that the properly be returned to the citizens of Hutchinson if the future the property is no longer required for educational purposes, such return being set out in an agreement attached as Exhibit A hereto, NOW, THERF.FOR.F,, BF, IT RESOLVER BY THE CITY COIINCIL OF THE CITY OF HUTCHINSON: THAT, except to the extent and in accordance with the terms and provision of the agreement attached as Exhibit A hereto, the ahove-described portion of North Yark be abandoned as a park and to any and all interest therein; and that the Mayor of the City and the City Administrator be authorized to execute and deliver any documents to effectuate this resolution including executing the agreement attached as Exhibit A to the parsons or entities releasing said real property to the parties entitled thereto, and shall file the appropriate notices with the McLeod County Auditor and McLeod County Recorder pursuant to Minnesota Statute §412.851. Adopted by the City Council this 13`" day of October, 2004. Marlin Torgerson Mayor L J ATTEST: Uary 1?. Plotz City Administrator ~~~~ c Hutchinson Cit Center 111 Hessun Street S13 Hutchinson, MN 55350-2522 320.587.5151/Fex 320.234.4240 TO: Mayor & City Council ¢¢// FROIvI: GaryPlotz,CityAdministrator CTy'D DATE: October 7, 2004 SUBJECT: Election judge Wage Increase The rate of pay currently paid to the City of Hutchinson's election judges is minimum wvage ($5.15/hour) and has been that same rate far quite some years. Recently, city staff conducted a survey of surrounding cities tv learn the average wage paid to election judges. The results of the survey are aiiached to ibis memo. Based upon these results, I am recommending that the rate of pay for election judges be increased to $6.50/hour. In addition, I am recommending an increase in rate of pay for head election judges to $7.25/hour, again based upon the survey results. Head judges are responsible for election activities in their respective precincts. They assign job duties, coordinate absentee ballots, and respond to unordinary actions. Head judges do require extra training beyond the regular election judge training. Lastly, i would ask that, if the Council does approve this rate increase, the rate of pay be retroactive to the Primary Election. We appreciate all of the hard work the election judges have done in the past and look forward to continuing to work with them in the future. Printed nn recycled paper - G CLL C~ J Election Judge Wages Surrounding Cities C.~ Election 7u~e Rate Alexandria $7.50/hr Bemidji $fi.50/hr Brainerd $7.00/hr Cloquet $7.00/hr Fairmont $6.00/hr Farmington $7.00/lu Fergus Palls $7,25/hr Glencoe $B.OD/hr Litchfield $6.50/hr Marshall $5.25/hr New Uhn $6.25/hr North Mankato $b.75/lar Worthington $5.15/hr Average: $6.50/hr Head Election 7ud ea Rate $8.00/bx $7A0/hr $8.00/hr $7.00/hr $4.00/hr $7.50/hr $11.50/hr $$.00/hr $7.50/hr $5.25/hr $6.75/hr $7.75/hr $5.15/}xr $7.25/hr `~ ~c~ ~ Hutchinson Cit Center 111 Hassan Street SE Hu[chlnson, MN 55350-2522 320-587-5151/Faz 320.234240 7`!i C M C7P ~ 1``I 17i ~..1 1VI. TO: Honorable Mayor and City Council FROM: John P, Rodeberg, birector of Public Works RE: Consideration of Franchise Agreement for Fence near Northwoods Park Raymond and Lucille Krueger -16610th Avenue NE DATE: October 7, 200A r~ LJ We have been approached by Raymond and Lucille Krueger regarding a request to place a cedar, split-rail type fence in the.righl-of--way adjacent to the above referenced property. Their property is located at the northeast corner of Northwoods Park, and the adjacent Maple Street right-pt--way is planted in grass, and is currently not utilized by vehicles. The City has placed a barrier in a portion of the right-of--way to prevent vehicles from accessing through this area, but cars and snowmobiles intermittently drive over the curb, around the barrier and through the I{rueger's yard. Julie Wischnack, Dolf Moon and I have reviewed the issue, and recommend approval based on the following conditions: All costs to place and maintain the fence shall be the responsibility of the franchise holder. • All mainienance of the right-of--way area landscaping shall be the responsibility of the property owner. • The City Attorney must review liability issues and requirements. ` The City reserves the right to remove the fence due to safety, operational or other issues after notice to the property owner. ` We recommend the franchise fee be waived or be very minimal ($1/year) due to the value of the franchise holder's right-of--way maintenance requirements. This Franchise Agreement will require that a Public Hearing be held at the next Council Meeting (Tuesday, Dctober 26s'). cc: Julie Wischnack nolrMoon Marc Sebora primeel an rerycled paper - `~ ~!~ Hutchinson Cit Center 1VI E M 111 Hassan Streel 3E Hutchinson, MN 55350.2522 320.5$7.5757/7''ax 320.234.4240 L~ ~ A ~ .V RJ M TO: Honorable Mayow and City Council FROM: lobo P. Rodcberg, Director of Public Works Randy DeVries, Director of Water/Wastewater Operations )ZE: Consideration of Water Treatment Plant Value Engineering Proposals llATE; October 7, 2004 Attached are proposal's from five consultants who are proposed to be part of our Value Engineering (VE) Team for the proposed, new Water Treatment Plant. The VB Team process will be as follows: • An independent consultant (SEH) will host and facilitate the VE Team. Dave Halter of SEH will be the facilitator. The Team will meet at SEH oflices in downtown Minneapolis. • The VE Team was selected for their diversity and expertise in various areas of the proposed plantprocess: o Dale Folcn (City of Minneapolis) has substantial experience in operations of facilities, and would focus primarily on operational and process issues and concerns o Chris Caitlin (Howard R. Green) was involved in the preliminary design and process review of the plant, and has substantial experience in genera] plant design, and specifically with biological filtration. o )Or. Herman Dharmarajah (Bolton & Menk) has designed many outstate water treatment plants, including plants with both biological treatment and reverse osmosis (RO) membrane filtration o dames Garber (FTC&H) is a national expert in membrane softening. • The plans for the plant have been completed to a 30% level by Earth Tech. These plans and specifications will be sent to the VE Tcam this week. The team will review the plans and specifications prior to the VE Team meeting. • The VE Team will meet on October 25`s and 26'". The first day will include travel to the site, an overview of the process and an initial team meeting. Day two will include a 6 to 8 hour session of facilitated design review. • SEH will provide an experienced water system staff person to complete notes and track comments and issues. Al] notes from the VE Team from before, and ai, the meeting will be collected. S>H will complete a report detailing the discussions and actions steps, which would include: o Recommended and approved changes from the original plan o Items requiring more study and consideration prior to implementation that would require formal action. o A list of other issues and options for informal review by city staff We have reviewed the proposals, and believe that all are fair and reasonable based on the requested level of involvement for each VE Team member. The total of all contracts is $22,080. We budgeted for $25,000 to $40,000 for the VE Review. We recommend approval of all contracts. PrinIM on raycled paper - ~ (~) HUTCIaINSQN WATER PLANT 1lALUE ENGINEERING TEAM i Randy DeVries ' Director of Water/Wastewater Operaticns 111 Hassan St SE Hutchinson, MN 55350 Direct Line :320-234-4232 Fax :320-234-7485 Email: rdevries@ci.hutchinson.mn.us John Rodeberg Director of Engineering/Public Works 111 Hassan St SE Hutchinson, MN 55350 Direct Line: 320-234208 Fax :324-234-4240 Email: jrodeberg@ci.hutchinson:mn.us Dick Nagy Hutchinson Water Systems Supervisor 111 Hassan St SE Hutchinson, MN 55350 Direct Line: 320-234-5629 Fax :320-234-9420 Email: dnagy@ci.hutchinson.mn.us John Kerrigan Earth Tech Inc. i 3033 Campus Drive North Minneapolis, MN 55441 p Direct Line: 763-551-243D ;~ Fax: 763-551-2499 ', Email: john.berrigan@earthtech.com Dale A. Folen, PE *Process Professional Engineer 2420 Ensign Ave. N. Golden Valley, MN 55427-3103 Direct Line: 612-661-4908 Fax: 612-fi61-4914 Email: dfolen@integrity.com Dave Halter Short Elliot Hendrickson Inc. Butler Square Building, Suite 710C 100 North 6`h 5t Minneapolis, MN 55403 Main: 866-830-3388 Fax: 612-758-6701 Email: dhalter@sehinc.com r~ ~J Jim Garber * Reverse Osmosis Fishbeck Thompson Carr & Huber 39255 Country Club Drive Suite 8 25 Farmington Hills, MI 48331 Main: 24$-324-2D90 Fax: 248-324-D930 Email: jbgarber@ttch.com Scott Young Earth Tech Inc. 3033 Campus Drive North Minneapolis, MN 55441 Direct Line: 763-551-1001 Fax: 763-551-2499 Email: scott.young@earthtech.com Herman Dharmarajah *Reverse Osmosis Bolton & Menk Inc. 1960 Premier Drive Mankato, MN 56001 Main: 507-625-4171 Fax: 5D7-625-4177 Email: hermandh@bolton-menk.com Chris Catlin '"Biological Filtration Howard R. Green Company Court Internatignal Building 255D University Avenue W Suite 400N St. Paul, M. 55114 Direct: 651-644-4389 Main: 888-368-4389 Fax: fi51-fi44-944fi Email: ccatlin@hrgreen.com LC.) . ..~J SEH September I6, 2004 RE: City of Hutchinson m Engineering Assistance EXHIBIT A Randy DeVries. Director of Water/Wastewater Operations City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350-2522 Dear Randy: Thank you for the opportunity to present you with this proposal for value engineering for the upcoming improvements to your water treatment facility. It is our understanding you would like us [o provide the following services for this effort. 1. Facilitate a day long value engineering (VE) session in our offices at 100 N. 6th Street, Suite 710 C, C~ ~1 ~_~ Minneapolis, MN, to be held on Tuesday, October 26, 2004 from 8:30am to 4:UOpm, or as needed. 2. Coordinate with Earth Tech Inc., John Kerrigan, to develop an agenda and plan for the VE session. 3. Provide a technical recorder for the days activities. 4. Make arrangements for rooms for up to nine participants. 5. Coordinate and communicate with the VE team in advance of the session regarding time, location, instructions, and materials so that participants are prepared to take an active role. The cost for these tasks is estimated as follows: 1. Advance Preparation Facilitator 6 hours @ $150/hr = $900 Admin Assistant 2 hours C 65/tu = ~Q SUBTOTAL $1,030 2. VE Session Facilitator 7 hours ~ $150/hr= $1,050 Technical Recorder 7 hours C $100/hr= $700 Box Lunches 11 @ $10.00/hr = 110 SUBTOTAL $ l,g(tp 3. Post Session Facilitator 1 (tours ~ $150/}tr= $150 Technical Recorder 1 hour @ $100/hr = $]00 Admin Assistant 2hours @ $65/hr = 130 SUBTOTAL $3g0 4. Rooms 9 ®$219= $1,971 Room Taxes (9 @ 13%) = 256 SUBTOTAL $2,227 TOTAL $5,497 Short Elliott Hendri[kson Inc., Butler Square Building, Suite 7100, IOp North 6th Street, Minneapolis. MN SS403•ISIS SEH is an equal opporcunlty employer ~ wwwsehinc.com ~ 612758.6700 ~ 866.830.3388 ~ 612.758.6701 fax `~ ~~~ 1{andy DeVries. 5cptember lfi, 2004 Page 2 Thank you for the opportunity tv submit this proposal. I will look forward to hearing frpm you. Sincerely, ~' SHOT-Eh.LIQTT HEND ICKSON INC. Cu. David Halter, P.E. Client. Service Manager q:kl•IIy~Jxss~LuxNn'mw~lue m8~m! propoN le~er.doc J ~cG~ 'J ~~ SEH September 29, 2004 Water Treatment Plant Value &ngineering Randy DeVries Director of Water/R'astewater Operations 111 Hassan Street SE Hutchinson, MN 5535D-2522 Dear Mr. DeVries: This letter supplements the Agreement for Professional Services between City of Hutchinson, pwner, and SEH dated November 23, 1999 and addresses providing services in connection with facilitating a Value &ngineering Conference on October 26, 2004 for the Water Treatment Plant Value Engineering (hereinafter called the "Project"). The scope of said services is detailed in [he attached Exhibit A. We will also furnish such Additional Services as you may request or as required. Xou will pay us a fee for our services, currently estimated to be $S,SOO.t~, in accordance with Exhibit C- 1, Rate Table method. Payment for additional services shall be based on the time required tv perform the services, and the billable rates for the principals and employees engaged directly on the project, plus charges fw expenses and equipment, all in accordance with Exhibit C-1. We will start ow services promptly after receipt of your authorization. We cstitnate our services wilt be completed after 2 months. If there are delays in the Project that are beyond our control, you agree to grant additional time to complete the services. This letter and the Agreement for Professional Services dated November 23, 1999 along with Exhibits A, B, and C-1 represent the entire understanding between you and us in respect of the Project and may only be modified in writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement, please sign one of the enclosed copy of this letter in the space provided below, return it to us and keep one for your files. Sincerely, ~~ c_ David Halter, PE Client Service Manager RE: City of Hutchinson Accepted by: Clty of Hutchinson By• Date: Authorized Client Signature Short Elliot[ Hendrickson Inc., Butler Square Building, Suite 710[, 100 North 6th Street, Minneapolis, MN 55403.1515 SEW is an equal opportunity employer ~ wwwsehin<-tom ~ 612.758.6700 ~ 866.830.3388 ~ 612758.6701 fez 4n'1 I ~~-) Exhibit B to Agreement for ProTessional Services Between The City of Hutchinson (owner) and Short Elliott Hendrickson Inc. (SEH Dated September 29, 2004 Owner's Responsibilities A. General The Owner's responsibilities related to the services to be provided by SEH are generally as listed in this Exhibit ]3. Modifications to these responsibilities shall be made through Supplemental Letter Agreements. The Owner shall: 1. Provide full information as to its requirements for the services to be provided by SEH and SEH shall be entitled W rely on the accuracy and completeness thereof. 2. Assist SEH by furnishing all available information pertinent to the services to be provided by SEH. All information available in electronic formats shall be provided in such formats suitable for use with current SEH systems and technology. 3. Guarantee access to and make all provisions for SEH tq enter upon public and private lands as required For SEH 1o.perform its services under this Agreement. 4. Provide such legal, accounting, financial and insurance counseling and other special services as may be required for the Project. 5. Give prompt written notice tv SEH whenever the Owner observes or otherwise becomes aware of any changes in the Project ar any defect in the services being provided 6y SEH or makes pr wishes to make changes in the Project. 6. Furnish television inspection of sewers, land surveys, soil borings, laboratory tests, material tests, soil tests and other special items pertinent to the Project and the services provided by SEH. 7. Be responsible for the accuracy of all data consisting of, but not limited to, computations, as-built drawings, electronic data bases and maps furnished 6y the Owner. The costs associated with correcting, creating or recrcaling any data that is provided 6y the Owner that contains inaccurate or unusable information ar is found t0 omit information necessary for SEH to pcrfann its services are the responsibility of the Owner. 8. Promptly examine ap studies, reports, sketches, opinions of construction costs, specifications, drawings, proposals and other documents presented by SEH end render the necessary decisions and instructions so SEH may continue in a timely manner to provide the services necessary for completion of the Project. 9. Pay all costs incidental to advertising forbids and acquiring regulatory or review agencies' permits and/or approvals. 10. Furnish or instruct SEH to provide, at the Owner's expense, additional services that become necessary to complete the work called for in this Agreement or tv complete work added to the Project by the Owner or others and not related to the agreed responsibilities of SEH. 11. Furnish tv SEH, prior to any performance of services by SEH, a copy of any design and construction standards end comprehensive plans which the Owner shall require SEH to follow or incorporate into its work. 12. Act promptly to review and approve ar reject all proposed Change Orders and/or Supplemental Agreements. 13. Employ and pay the costs for an independent cost estimator as provided in Section IV.A. of the Agrcement. 14. Sear all costs incidental to compliance with the requirements of this Exhibit B. 15. Notify SEH (prior to commencement of construction of a project) of any notice ar ccrtitication that SEH will be requested to provide to Owner or third parties in connection with the project. owner and SEH shall reach agreement on the terms of any such requested notice ar certification, and Owner shall authoriu such Additional Services as are necessary to enable SEH to provide the notices or certi5cations requested. 16. Require all Private 1ltilities with Facilities in the Owner's Right of Way lo: (a) Locate and mark said utilities upon request Short EIIIOtt Hendrickson Inc. (Form 07/20/04) Exhibit B - 1 The City of Hutchinson ~~~ - (b) Relocate and/or protect said utilities as determined necessary to accommodate the proposed Work. (c) Submit a schedule of the necessary rclocation/ptntection activities to the Owtter for review. B, Assumption of Rlsks The Owner and SEH agree that the risks of the Project and the costs related to those risks remain with the Owner or with others and that $ZtiH does not assume any risks that are not specifically called out in the Agreement. Y Snort tlllott Hendrickson Inc. (Farm 07/20/04) Exhihit e - 2 The CIty of Hutchinson ~ ~~~ Exhibit C'1 to Agreement for Processional Services between City of Hutchinson (Owner) and Short Elliott Hendrickson Inc. (SEH Dated September 29, 2004 Payments to SEH for Services and Expenses Using the Hourly Basis Qption The Ageement for Professional Services is amended and supplemented to include the following ageement of the parties: A. Hourly Basis Option The Dwner and SEH select the hourly basis for payment For services provided by SEH. SEH shall be compensated monthly. Monthly charges for services shall be based on SEH's current billing rates for applicable employees plus charges for expenses and equipment. Current billing rates shall be the Rate Table Method of Personnel Method as indicated in the Supplemental Letter Agreement. 1. Rate Ta61e Method .Current billing rates For employees shall be those listed on a standard rate table submitted and approved as part of this Agreement. The employce rates in the approved rate tables shall include the cost of computers and cellular phones. The cost of other expenses and equipment shall bb paid for as reimbursable expenses as identified in Paragaphs B and C of this Exhibit C-l. e. ether Provisions Concerning Payments 1. Invoices will .be prepared in accordance with SEH's standard invoicing practices and will be submitted monthly to Owner by SEH, unless 2. otherwise ageed. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due SEH for services and expenses within 30 days after receipt of SEH's invoice therefor, the amounts due SEH will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. SEH may, after giving seven days written notice to Owner, suspend services under this Agreemem until SEH has been paid in full all amounts due for services, expenses end other related charges. Payments will be credited first to interest and then to principal. Further, SEH reserves the right to retain products of service until all invoices are paid in full. SEH will not be liable for any claims of loss, delay, or damage by Owner for reason of withholding services or products of service until all invoices are paid in full. ]n the event of a disputed or contested invoice, only that portion so contested may be withheld from payment. and the undisputed portion will be paid. 2. Actual Billable Rates of Personnel Method - Applicable billing rates of employees shall be 3 based on the actual payroll rates of personnel times a multiplier plus the cost of expenses and equipment outlined in Paragaphs S and C of this Exhibit C-1. SEH will provide an estimate of the costs far services in this Ageement. It is agreed that after 900 of the estimated compensation has been earned end if it appears that completion of the services cannot be accomplished within the remaining 10~ of the estimated compensation, SEH will notify the Owner and confer with representatives of the Owner to determine the basis for completing the work. Compensation to SEH based vn the Rate Table Method is conditioned nn completion of the work within the effective period of [he rate table. Should the time required to complete the work be extended beyond this period, the rates in the Rate Table shall be appropriately adjusted. 4. Should such taxes, fees or costs be imposed, they shall be in addition to SEH's estimated total compensation. C. Expenses The following items involve expenditures made by SEH employees or professional consultants on behalf of the Owner. Their casts are not included in the hourly charges made for services and shall be paid for as described in this Agreement. 1. Transportation and travel expenses. 2. Lodging and meal expense connected with the Project. 3. Fees paid, in the name of the Owner, for securing approval of authorities having jurisdiction over the Project. Short Elliott Hendrickson Inc. (Form 07/Pa/a4) Exhibit C-7 - 1 City oT Wutchlnson ~ C~~ /- n ~ 4. Report, plan and specification reproduction expenses. 5. Other special expenses required in connection with the Project. . b. The Cpsl of special consultants or technical services as required. The cost of subconsultant services shall include actual expenditure plus 10% markup for the wst of administration end insurance. The Owner shall pay SEH monthly for expenses ~. Equipment UtIllzatlon The utilization of specialized equipment, including automation equipment, is recognized as benefiting the Owner. The Owner, therefore, agrees to pay the cost for the use of such specialized equipment on the project SEI-I invoices to the Owner will contain detailed information regarding the use of specialized equipment on the project and charges will be based on the standard rates for the equipment published by SBH. The Owner shall pay SEH monthly for equipment utilization. M v 4 Snort tlllott Hendrickson nC. (Form 07/20/04) Exhibit C-t - 2 City of Hulchlnson ~ ~~~ Dale A. Folen, P.E. . 2420 Ensign Ave. lY. -Golden Valley, MTl 85427.3103 Telephone: (763) 595.0828 -email: dfolen®inteigtty.com September 9, 2004 Mr. Randy DeVries City of Hutchinson 111 Hassan St. SE Hutchinson, MN 55350 RE: .Proposal for Value Engineering Services Water Treatment Plant -Softening and Ammonia Removal City o£Hutcbinson Dear Mr. I7eVries: Thank you for inviting me to be involved with this Value Engineering Workshop for your proposed Water Treatment Plant. I also have discussed the project briefly with Mr. John Kerrigan . of Earth Tech, Inc. As I understand the project, the City of Hutchinson is currently duetting the design of a new water treatment plant that will include Reverse Osmosis treatment and a parallel train of two- stage bio-filtration that will remove ammonia and partly soften the raw water. I have a genera] understanding of the water supply, treatment, distribution and storage system in the City of Hutchinson due to previous work for the City. I have extensive expertise in water treatment technologies and water plant design through my 18 years in the municipal water engineering field. J have also participated in Value engineering efforts as well as other formal review workshops for water treatment plants. Since I have been working for the City of Minneapolis for about 3 and a half years, I believe l can also offer a valuable perspective as a utility employee. First, I understand the value of new systems being compatible with existing systems. Second, I have seen Srst hand what efforts are involved in renovating an old in-plant water piping system, and understand how to translate that knowledge into making such renovations more possible by details in the original design. q c~~ Hutchinson WTP Value Engineering Servicds Proposal Page 2 of 3 Project Scope As I understand it, Earth Tech, Inc, will prepare 30 percent design documents, and send a copy to me several days prior to the workshop. I will take some time to review the documents and prepare to discuss them at the workshop. I will attend the dinner and meeting time on the evening of October 25. The 1-day Value Engineering Workshop will be held on October 26 at the Ivlinneapolis O$$ce of SEH. Some goals of the workshop will include improving functionality, energy efficiency,, ]ife- cycle cost control, and quality. Ivry specific focus will be the overall "treatment process." I 'will be available after the workshop by phone or email to answer questions or clarify any issues that were raised at the workshop. I would also be available to review a draft report of issues identiSed or discussed at the workshop, if requested. Tasks by Other Consultants or City ^ Prepare and send design drawings to my address. ^ Chair /Lead the VE Workshop. ^ Compile comments from the workshop and prepare summary report. Terms 1 will track actual time spent directly on the project, and invoice the City at an hourly rate of $100. The following table shows estimated time per task. Based on the table, the estimated total ??ee will be $1,b00. . Task Estimated Time (hours) 1 Review Documents before VE Workshop 4 2 Participate in Value Engineering Workshop 9 (budget 1 days at 9 hours per day) 3 Answer Questions or review report after VE 3 Workshop (only if needed) Estimated Total l6 ~ <<~ Hutchinson WTP Va}ue Engineering Seraici;s Proposal Page 3 of 3 Expenses incurred will be invoiced at actual cost in addition to the fee listed above. Reimbursable expenses For travel, parking, etc. for this project are estimated to be $50 to $100. I have not budgeted for hotel casts, since the Workshop will be within 25 miles from my home office. If the City would like additional services beyond the scope of this proposal, I would either invoice my tune hourly, negotiate a separate fee, or send a new proposal. I appreciate this opportunity to serve you. If you would like me to proceed, kindly sign the bottom portion of this proposal, a»d return one original copy to me. The signed proposal would serve as the agreement between the City and Dale Fo]en. Please call with arty questions.., Sincerely, ~~~~-~ Dale A. Polen, P.E. Professional Engineer ACCEPTED by the City of Hutchinson: (Include second signature if required by City policy.) Signature Printed Name Title Date Signature Printed Name Title ~~~~~ Dale A. Folen. P.E. ~~ Education: Professional Registration: M.S., Civil Environmental Engineering Minnesota, 1990, Civil (Course Work Completed, 1989) University of Minnesota Engineering Specialties: J3.S., Agricuhural Engineering, 1984 Municipal Water Systems University of Minnesota Ground Water Storm Water Membership in Professional Organization: American Water Works Association Mitmesata Ground Water Associataa~n Employment History: Minneapolis Water Works, City of Minneapolis, MN Project Engineer and Project Manager Rieke Carroll Muller Associates, Inc. (Consuking Engineers) Project Engineer and Project Manager RCM merged with Short Elliott Hendrickson, Inc. in April 1999 University of Minnesota Research Assistant (Electrical Power and ]nstmmentation) Graduate Research Assistant (Storm Water Modeling) Eaperience: ~~ L FORMAL PROJECT DESIGN REVIE Jan. 2D01 to Preset[ Jan. 1986 to Dec. 2D00 Jan. 1983 to Aug. 1985 Value Engineering, Membrane Filtration Plant at Columbia Heights -Minneapolis Water Works. Review Team member for four day workshop in a seven member team of intemationa] experts in Ultrafiltratio~n membrane and other treatment plain corttponents. Reviewed 3D perezm drawings and specifications, and Basis of Design Report. ]dentified and evaluated potential design improvements for efficiency, operability, quality, and reliability. Constructibility and IJiddability Review, Membrane Filtration Plani at Columbia Heights -Minneapolis Water Works. Review team member For a three and a half day workshop in a six member team of construction specialists and engineers. Reviewed 90 percent drawings and specifications. Considered ability of contraaor to execute the project, document consistency and completeness. HAZOP Review, Membrane Filtration Plant at Columbia Heights -Minneapolis Water Works. Review team member for a two and a half day workshop in a eleven member team of engin~rs and water plant operators. Reviewed 90 percent Process and Instrument Diagrams (P&1D) drawings for hazardous or ~C~ Dale A. Fi51en, P.E. Page 3 of 5 Iron Removal Water Treatment Plant, Ground Water -Winthrop, Minnesota. Project manager for expansion of existing treatment plant up to a capacity of 2.0 MGD. Old "split~ase" high service pumps were replaced with higher efficiency vertical turbines. Filter vessel was constructed of concrete, and used Birm® filter media. Design 1994, constmction 1994-95. Pilot Study, Surface Water Treatment - Hayt Lakes, Minnesota. tar testing and pilot study to find method m remove seasonally high Manganese (up to 3.5 mg/l) from lake water. Found effective method with cost of about $10,000 where previous engineer had recommended $800,000 method. Study and testing 1998. Design 1999. Multiple Projects, Conventional Surface Water Treatment Plant -Hoyt Lakes, Minnesota Pilot study for evaluation of new lake water source (design, constmct, operate). Design of new water iirtake pumping station (1992). Study to upgrade operations to meet EPA Surface Water Treatment Rule and Disinfection Byproducts regulations. Design of backwash water recovery system, waste disposal system, and clarifier renovati~s. Desigp 1993, construction 1993-94. Iron and Manganese Removal Water Treatment Plant, Ground Water -Kimball, Minnesota. Lead project designer for new treatmem plain. 7'he plain was designed for low cost and simple but effective operation. Design 1991, cansuvction 1992-93. Sulfate Removal Study, Ground Water -Marshall, Minnesota. Conducted feasibility study for sulfate removal comparing reverse osmosis and ion exchange. Plain capacity 6.0 MGD. Study 1991. Direct Filtration Surface Water Treatment Plant -International Falls, Minnesota. Feasibility study, process concept design, comparison of alternative processes, and cost estimates for a new 2.0 MGD plant. Primary issues were color, turbidity, trihalomethanes ('I'HM's), taste, odor, and corrosivity of a very soft water. Assisted in plain design. 1987-1989. Volatile Organic Compounds (Vac's) Removal Water Treatment Plant - St. Anthony, Minnesota. Assisted in the design of a temporary granular activated carbon (GAC) treatment plant for a ground water source. Computed VOC mass removal during first year of aperati~. Pilot Study, Radium Removal -Jordan, Minnesota. Developed and directed a pilar study to remove radium (Ra-266 and Ra-228) from a ground water source using manganese greensand. Evaluated long term removal expectations by special sampling prarocol. 1988. Softening Water Treatment Plant, Ground Water -Glencoe, Minnesota. Assisted in feasibility study to expand existing WTP, including iron removal, ion exchange softening, and corrosion comrol. Nitrate Removal Study -Goodhue, Minnesota. Assisted in feasibility study to evaluate nitrate removal from a ground water supply. C~ R ~~~ Dale A. Folen, P.E. ' Page 4 of 5 As an environmental engineer, Mr. Folen's prurutry experience has been in water supply, treatmem and distribution. He has worked ar projects involving surface water and ground water supplies. These projects have addressed the problems of: • corrosivity, • radium, • volatile organic chemicals (VOC's), • iron, • manganese, • trihalomethanes fTHM's), • color, • nitrate, • sulfate, • softening, and • taste and odor problems. WATER PUMPING. DISTRIBUTION & STORAGE -SELECTED PROJECTS High Service Pump Station #5 Renovation -Minneapolis Water Works. Project Manager, quality and compatibility review of consulting engineer design. Capachy 120 mgd. ]teplaced 75-year old riveted steel header pipe and pump control valves. Added several features to improve operability and header chamber envirrnmient. Included Surge Anticipating Valve system. Design 2001, constmctiar 2001 to 2002. Alternative Reservoir Connection -Minneapolis Water Works. Project Manager, quality and compatibility review of consuhing engineer design. Add 84-inch pipe connection to 50-year old, 16 million gallon reservoir. Added two 84-inch sluice gates, and expanded gate house. Design 2001, constructiar 2DO1 w zooz. Pump Station Renovation, Ground Water -Hopkins, Minnesota. Renovatiar of old Well House #1, including 1,000 gpm well pump, two 4,000 gpm high service pumps, ground storage fill system, and architectural improvements. Design 1995-96, constmctiar 1996. Industrial Park and Water Pressure Study -Hoyt Lakes, Minnesota. Complete water distributiar system model using Cybemet®. Study to provide water service to an industrial park and increase city pressures. Innovative plan to use large volume existing standpipe to reduce operation costs. Study 1997. Water Booster Slation and Water Tower -Hoyt Lakes, Minnesota Design of 1,4D0 gpm Water Booster Station (expandable to 3,5DD0 gpm), 150,OD0-gallon elevated water storage tank, and modification of existing high service pumping system. Resign 1998, construction 1998-99. Distribution and Pressure Study -Glenwood, Minnesota. Multiple pressure zone water distributiar system analysis of complete system using Cyben~et®. Developed concept for construction of additional pressure zones to serve new development at high elevations. Study 1995. Water Tower - Llill City, Minnesota. Design of 75,000-gallon elevated water storage tank and demolition of old tank. Life~ycle cost comparisons of tank styles. Design 1996, constmctiar 1996-97. Water Tower - St. Lnuis Park, Minnesota. Assisted in design of 1,000,000-gallon elevated water storage tank. Design 1994, carstructiar 1994-95. ~~ ~(<<~ Dale A. Fvl~„ P.E. .Page 5 of S ~. Distribution System Analysis -Hutchinson, Minnesota Complete water distribution system model to evaluate and compare ahemative elevated tank locations. Also made recommendations for expandmg system and increasing fire fighting capacities in existing system. 1991. Water and Sewer Master Plan -Hopkins, Minnesota. Complete water distribution system model, primarily to evaluate measures to strengthen fire fighting capacities across the city. PazY of city water and sewer master plan. 1990. C~RDl1Nb WATER -SELECTED PROJECTS Well Field Planning - Savage> Minnesota. Computer modeling and analysis for locating three new wells in the Momrt Sima~n -Hinckley Aquifer. Optimized spacing of wells crnrsidering life-cycle cost estirnates. Study ] 996. Wells #8, #9, #11, and F-I-G Observation Well -Savage, Minnesota. New bedrock wells using the Mount Simon - Hvtckley (MSH) aquifer and the Franconia-Ironton-Galesville (F-I-G) aquifer. Performed geologic design, assisted with design documents. Analysis to evaluate well test resuhs in F-1-G aquifer. Assisted City in negdiations with Minnesota Department of Natural Resources regarding use of MSH aquifer. Designed as multiple projects 1997-98, constmdion ] 997-2D00. Well # 3 and Pump Station Modifications -Hill City, Minnesota. New well construction using a sand and gravel aquifer. Submersible pump and pitless adapter. Piping and comrol modifications to connect well into an existing building. Design 1997, consWdian 1997. Well #4 -Cold Spring, Minnesota. New well construdion using a sand and gravel aquifer. Deign 1998, constmdion 1998, MCES Slue Lake Wastewater Treatment Facility -Shakopee, Minnesota. The plant site needed a permanent dewatering system to protect it. The bedrock aquifer immediately under the plant is strongly affected by flooding in the adjacent Minnesota River. Mr. Folen developed a regional ground water model ofthe Prairie du Chien - Iordan aquifer and evaluated dewatering methods. }~Ie subsequently assisted in designing four high capacity wells and a control system to operate them during floods. ~ C~~ Howard R, Green Company r September 23, 2004 File: 901195CSM Mr. Randy peVries Director of Water/Wastewater City of Hutchinson 191 Hassan Street 5E Hutchinson, MN 55350 RE: WATER TREATMENT PLANT VALUE ENGINEERING Dear Randy: This letter is in response tp your request to be a part of your Value Engineering (VE) Team for the new Hutchinson Water Facility. As requested, Chris Catlin (capsule resume attached) will lead the effort with this project, and participate in the VE sessions later in Dctober. Junior staff will assist Chris when appropriate providing ancillary work such as cost estimating and information gathering. The following table lists the'idsk description, estimated hours, labor rate and estimated expenses. The fee is based on an estimated level of effort from on our discussions with you. We agree to offer the following services on a hourly basis. Task and estimated Level of Effort Task Descri lion Hours Rate Total 1 Back round information review 12 Catlin 140 $1,fifi0 2 Value En ineerin Meetin 12 Catlin 140 $1 680 3 Staff su ort 8 Staff En . 90 $720 4 Fallow up analysis, corres ondence 16 (Cailin)140 $2,240 5 Estimated Ex enses $400 Totai 56,720.00 Our contribution will be most valuable to the City of Hutchinson in the areas of overall process review, issues related to ammonia and nitrification and efficiencies related to integration of new construction with existing facilities. We look forward 1o working with you and being a n integral part of your VE Team and Water facility Project. If you have any questions please contact me at your convenience, Sincerely, Howard; . , Gree ,' amp~+rt~/ ~C>~gla G. Tholo, P.E. C?Documents and Setlingsldthvlo\My ~ocumentslHutchlnsonU.lr-Randy 09 20 o4.doc 2550 University Avenue West Suite 400N 5t. Peul, MN 55114 651/644.4388 fax 651/644-9448 call Tree 888/368-4388 ~ ~~~ ~ Howard R. Green Company Chris L. Catlin, PE Sr. Process Engineer INTRODUCTION Chris is a Technical Advisor/Project Manager for the Water/Wastewater team of HRG's St. Paui office. Chris works almost exclusively in water suppty, treatment, distribution and storage. His experience includes operation and management of a 6 MGD lime softening treatment plant and a 200,000 GPD groundwater plant at the University of Iowa. His wprk has included numerous storage tank and booster pump station designs, treatment plant designs and renovations, distribution systems analysis, master planning, well and storage tank design. Chris has extensive experience with SCADA system and controls design. EDUCATION eSE, Chemical Engineering, University of Iowa, 1965 MS, Civil and Environmental Engineering, University of Iowa, 1987 REGISTRATION J LICENSE Environmental Engineering, IA, MN Grade IV Water Plant Operator, IA Grade A Water Plant Operator, MN PROFESSIONAL AFFILIATIONS American Water Works Association Water Environment Federation SELECTED PROJECT EXPERIENCE Treatment P/ant Designs/Renovations: • Elk River, MN -Treatment Plant #6 and Treatment Plant #7; 1,000 GPM fitter plants. • Joint Powers Water Board, St. Michael, MN - 6 MGD filter plant. • Askov, MN -plant renovations. • Iowa City, IA - 17 MGD lime softening plant, • Pella, IA - 3 MGD lime softening plant. • Denison, IA - 4 MGD lime softening plant. • Mt. Pleasant, IA - 1,000 GPM and 2,000 GPM EDR membrane softening plants. • Washington, IA - 1.4 MGD EDR membrane softening plant. • Huron, SD - 3,000 GPM flter plant. + Burnsville, MN - 4 MGD surface water plant preliminary design. Project Manager/Project Eng/neer an the fa//owing ground storage reservoir/booster stations: • Eik River, MN -Design of booster pump renovation project and pressure zone separation project, • Iowa City -Renovation of 3 Z MG ground storage reservoirs and replacement of 3 pump stations. • Iowa City -Design pf 4 MG cleanvell and 20 MGD pump station. Tank was baffled to provide disinfection contact time and reduce short-circuiting. • Winterset, IA - besign of a 1.5 MG G5R and 6 MGD pump station. Tank was designed with baffling to prevent stagnant water problems. • Osceola, Ia -Design of 1 MG GSR and pump station. • ]pint Powers Water Board, St. Michael, MN -Evaluation of existing ground storage reservoir and recommendations for future renovations. Design pf pump station renovations. • Huron, SD -Quality Control Review of plant clearwell and pumping station. • Washington, IA -Design of clearwell and pumping station for EDR treatment plant. Evaluation and design for renovating existing 100 year old 1 MG concrete tank. Howard R. C-rt-een Company ~~ • Centerville, IA -Renovation of existing ground storage tank to reduce stagnant water. " • Milford, IA -Design of 400,000 gallon ground storage tank, and design of renovations to existing 250,000 gallon GSR to reduce stagnant water. , • Sunyani, Ghana -Analysis of existing ground storage tank and preliminary design of new 2 MG ground storage reservoir and high service pump station. • University of Iowa - pesign of 1 MG ground storage reservoir and modifications to existing cleanvell. • Mt. Pleasant, IA -Design of 1 MG ground storage reservoir and 4000 GPM pumping station. D/shrbution system ana/ysis: • Burnsville MN, -Modeled and analyzed distribution system consisting of 13 pressure zones, two pump stations and flue elevated,storage tanks. • Coon Rapids, MN -Modeled and analyzed distribution system and recommended changes tv improve fire flows, system reliability and storage requirements Plymouth, MN -Field testing /simulation of ground storage tank filling operations. • Iowa City, IA -Computer modeling and field calibration for distribution system consisting of 100% pumped storage (nv elevated storage), Project included analysis and design of moving the treatment plant from a "center hub and spoke" system to one fed from the perimeter. " • University of Iowa -Modeled complex potable and chilled water distribution systems to Increase fire flow availability and reduce pumping energy costs. • Denison, IA -Modeled two pressure zones and provided preliminary design for future zone improvements. ]Dint Powers Water Board, St. Michael, MN -Modeled existing distribution systems of three member communities and recommended Improvements to cope with fast-paced growth of the system. • Elk River, MN -Modeled and analyzed distribution system, and provided preliminary design for two-zone system. Provided preliminary design of system to facilitate transferring water between zones to Improve system reliability. E/Boated Storage Tank Des/gn: • Elk River, MN -- 1.5 MG: • Joint Powers Water Board, st. Michael, MN - 1.5 MG • Coon Rapids, MN - 2.5 MG. • Askov, MN - SO,OpD gallon. • Detano, MN - 1.5 MG. • Brooklyn Park, MN - 2 MG Elevated Storage Tank Eva/uatlon/Renpvatiun: • ]Dint Powers Water Board, St. Michael, MN - 750,000 gallon. • University of Iowa - 750,000 gallon. • University of Iowa -- 150,000 gallon. We// Design/Rehabi//lotion: • Mahtomedl, MN . • Joint Powers Water Board, St. Michael, MN - Z Mt. Simon, 1 drift well. • University of Iowa - 1 Jordan, 1 Silurian Iowa City, IA - 4 Collector wells, 1 Jordan, 4 SIIurlan. • Elk River, MN (3) - 3 Mt. Simon • Burnsville, MN • Coon Rapids, MN (2) -Franconia -Ironton -Galesville • Wyoming, MN Chris L. Catlin, PE Howard R, Graen CArrlpar-ly Cam) ., ~ HOWARD R. GREEN COMPANY WORK ORDER THIS AGREEMENT, made this ~ day of by and between, City of_Hutchinson_MN ,the CLIENT, and HOWARD R. GREEN COMPANY (hereafter "HRG"), for professional services concerning: • WATER TREATMENT PLANT VALUE ENGINEERING, HRG Project Number f. The CLIENT agrees to employ HRG to perform the following services: Value engineering to the City of Hutchinson in the areas of overall process review, issues related to ammonia and nitrification and efficiencies related to integration of new construction with existing facilities for the new water facility. In consideration for these services, the CLIENT AGREES to pay HRG on the following basis: (Indicate Payment Method) [ ] Lump sum in the.amount of [X] Per current Rate Schedule with an estimated fee of 6 720.D0 [ ] Other as stated here: The Schedule of Conditions of HOWARD R. GREEN COMPANY dated the is incorporated into this AGREEMENT and made a part of it. CITY OF HUCHINSON day of HOWARD R. GREEN COMPANY Signature: __ Si nature: Printed Name: ~~~ Printed Name: Title: Title: Date: Date: ~ ~~~ / SCHEDULE OF FFES AND CONDITIONS HOWARD R. GREEN COMPANY a A. FEES AND PAYMENT 1. The fee Ier services will be based On Howard R. Green Companys (hereatter'HRG") slandaM hourly vales cureid at the tlme the work Is done. These standard hourly rates are subject to change upon 30 days written notice. Non-salary expenses directly attributable to the project such as: (1) living and kaveling expenses of employees when away from the home office on business Wnneded with Ne proJecl; (2) identifiable tdmmunlptlon expenses; (3) Idenllfia6le reproduction W9L5 applicable to the work; and (4) outside 5e1VIC0a will be charged in accordance with the rates arrant et the time the wak Is dare. 2. Payment shell be due wihin Nlity (30) days ahar date of monihty invoice describing the work perfomred and expenses incurred during the prevedkg manN. 3. CLIENT agrees Nettimely payment 6 a material term of this Agreemenland that failure l0 make llmety payment es agreed conatlwtes a preach hereof. In the even) payment for services rendered has not been made wihin thirty (30) days Irom the dale of invoice, HRG may, after glvlig seven (7) days written notice to CLIENT and wlNout penalty or liability of any nature, and without waiving any daim ~ainal CLIENT, suspend all work on ell autli0dzed SeNlce6 as sal forth herein. Upon receipt of payment In full fa services rendered, plus interest charges, HRG will mnance wNh all 9ervlCe6 net inrgnslsrentwiN Article C.4 herein. Payment of all Cnmpensatwn due HRG pursuant to this Agreement shag be a condition precedentto CLIENT using any of HRG'S professional services work products famished under NIa Agreameid. 4. In order to detmy carrying Charges resulting from delayed payment4, simple Interest at the rate DI eighteen percent (78Ye) par annum (but not exceeding. [he maximum rate Bllowed by law) will he added to the unpaid balance of each invoice. The Interest paned Shall cemmance Nirty (30) days otter date M original invoice and shall terminate upon date of payment Paymems will be first uedlted kt interest and then w prindpal. No interealotiarge wpl be added during the initial thirty (30) day period folbwing data of Involve. B. COMMENCEMENT OF WORK, Thewprkwill6ecommencedimmedietelyuponreceip~01Nl8slgnedpurdra9eorder.IfaftercommencemeidNwOdrNB project is delayed for any reason beyond the control df HRG far more Ulan suty (60) days, the terms end condhlons contained herein ere wbJea to revlabn- Subsequent nXldlFicatkln5 shall be in wriang eM algned 6y Ne partles to Nis Agreement C. MISCELLANEOUS PROVISIONS 1. 600KS OF ACCOUtR. HRG will maintain books and accounts of payroll Cdala, travel, subsistence, field, and inddentel expenses. Sak1 books and accounts will be available al all reasonable Ames for examinatibn by CLIENT at the corporate office of HRG. Z. INSURANCEIINDEMNIFICATIONIRISK ALLOCATION (a) HRG will maintain Insurance for claims under the Workefs Compenseaen Laws, and from Generet Llab9ky and Autortiobile daima for bodily InJury, death, or property deriage arising tram Ne negligent perfomrance by HRG'a employees M the wncllons and services required under Nls Agreernant (b) HRG is skilled In Ne profe55i0nal calling necessary b the services and duties proposed W be perfonmd, and Nat h shall perform such services and duties In confomranve to and consislentwiN the standards genemly recognized as being employed 6y professionals of HRG'9 carne locellry, and ro Nat and HRG agrees to purchase Insurance for HRG, its officers, and empWye6a Irom and against any and all Ilabllky, claims, sails, loss, damages, cosh, and expenses arising out of ar resulting from any neglgent acts, errors. or omi59iona of HRG, Its otficeis and employees, in ih0 performance vt Neirservices and duli9a hereunder, but not from Ne rteglkfence or willful mkcondud of CLIENT, ILS ofllcers, and empbyees. Notwithstanding the existence o(professlonal liability insurance, the total aggregate of HRG's, its employees, ofllceB, directors, agents, or consultants, Ilabilky to sll parties related to Nis Agreement Shall not exceed $25,000.00, or the amount of HRG's fee, whichever Is 1996. (c) CLIENT hereby underetand6 and agrees that HRG has not treated nor contributed b the creation or exlatence of any or atl types of hezeidou6 or toxic wastes, materials, chemkal compounds, Or Substances, or any other type of environmenNl hazard or pollution, whether latent or patent, at CLIENTS premises, ar in connection wiN or related N Nls proJecl with respell to which HRG has berm retained m provde professional engYteenng 6ervkes. The compensation to be paid HRG for Bald professional engineering services is in noway commensurate whh, and has rid been calculated wIN relevance b, the polenlial risk of Injury or lass whidl may 6e caused by the exposure of persons of property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, end hold HRG, tts officers, directors, empbyeas, and consuttan6, harmless Irom and egeinsteny BM all claims, damages, and expenses, wheher direct, Indirect, or consequential, Intludlrg, but not limited lo, attorney fees and Cwrt costs, arising out of, or resulting Irom Ne discharge, escape, release, or sawralbn of smoke, vapors, 900E fumes, acid, alkalies, toxic chemicals, Ilqukls gases, or any oNer materials, irilanta, rgntaminanis, or pollutants In a Into Ne atmosphere, or al, onto, upon, in, or iota Ne surface or subsuriace 019011, water, or watercourses, objec6, or any tangible a InlHngibk: matter, wheher Sudden or net (dJ NoNirg Contained within Nis Agreement shall be consWed Or interpreted as requiring HRG N assume the 6taNa of a generator, starer, transpeiter, treater, or disposal facility as those terms appearwiNln the Resource Conservation and Recovery Act 42 U.S.CA., §6901 etsc~t., as amended, orwiNln any Slate statute governing Ne generatlon, beatmenl, sttlrage, and disposal d waste. (e) Notwithstanding any provis'ans In this Agreementm me contrary, If this project involves consiructien, es Nattertn is ganeraly understood, ant HRG does not provide engineering services during cansWction, includiig, but hat limited to, observation, site vlatts, shopdrawing review, end design clarifications, CLIENT agrees to defend, indemnify, end hold HRG, its consultants, agents, and employees harmless from any and ell liablliry arising cal of this project or Agreement. (f) HRG shall not de liable for damages arising out of dr resulting from Ne actions or inaction df gdvemmenml agencies, Includkg, but trot limited b, pemnlt processing, environmental impact reports, dedications, general plans and amendmenl5 Hereto, zoning matters, anne%atlona or conselldatlons, use ar wndNlonal use permhs, and building permits. CLIENT agrees to defend, indemnify, and hold HRG, gs consultants, agents, and empbyees harmless from any and all liability, other than that caused by the negligent ads, etroB, or omissions of HRG, arising out Of or resulting tram Ne same. ~<<) .. ~ 3. DOCUMENTS (a) The CLIENT acknowledges HRGs wnstrucllon documents as insWmenis of professional service. Neveriheless,ihe plans and . specificetions prepared under the Agreement shall became Ne property of the GLIENT upon completion of the wode end payment In full dl all monies due to HRG. The CLIENT shall not reuse or make any modlficadons m the plans and sped6cations wllhaul the prior written authorization of HRG. The CLIENT agrees, to the fullest extent permlded by law, to indemnify and hold HRG harmless from any claim, liability or cost (including reasonable aeomeys fees and defense costs) artsirg or allegedly edsing out aF any unauthorized reuse or modifrcations of the construction documen6 by Ne CLIENT or any parson er entity Thal acquifes ar obtains the plans end specifications Irom or Ouough the CLIENT wltlfout the wdden auhorizaton of HRG. " (b) All computer programs, wode product Invenllons, patenffi, copyrights, software, end otlter like date developed during the course of the project, are and shell remain the sole property of HRG. (c) HRG's liability to CLIENT for any wmputer programs, software products, or related data famished hereunder Is limped solely A7 Ote cortedlon of residual ertprs, minor maintenance, or update(s) as agreed: HRG makes no warl'dntles Cf any kind, Indudirg any implied wartanty at merdiantabilily or of fMess for any particular purpose, or against inMrgemenL wldl rasped to computer programs, software product, related daffi, technical irlfdrtnBllDn, or ledtnipl aaSlatanw provided by HRG under tltH Agreement In no event shall HRG, its officers, ogees, or employees be liable under or In connection wltlt tltffi Agreenienl under any Dreary of ton, wntrac6 strict liebgity, negligence, or other legal or equkable theory for InGdental or consequential damage relaWg M airy work periem~ed or not performed, servces, acts oromisslons, computer programs, software products, or related data fum4had hereunder. (d) EnvlronmenWl AudtUSile A55essment report(s) are prepared for CLIEPR's sale use. CLIENT agrees re defend, Indemntly, and hold HRG, Iffi mnsunanffi, agen@, and empbyees harmless against all damages, Balms, expenses, and bases arising out of dr resulting from any reuse of tite Environmental Audit/Slte Assessment report(s) wAhout the wdOen authorization of HRG. 4. TERMINATION OR A&4NOONMENT. If any portion of the work is terminated or abandoned by CLIENT, the pmvlslons o} the Schedule Cf Fees and CondNons in regeN to compensaGOn and payment shall apply Insofar as possible to that portion of the WWk ntlt temtbeted ar abandoned. II said termination occurs prior tC wmpletbn of any phase of the pmjed the fee for services performed during such phase shall ba based on HRG's reasonable estimek of the porten of such phase wmpleled prbr ro saki Iennlnatbn, plus a reasonable amount re relmbun[e HRG for termination wall. 5. ATTORNEY FEES. If lifgatim arises for purposes of wllecting lees Or ezpenaes due uMer Mk Agreemem, the CwA in su[h IlNgetlon shad award reasonable casts and expenses, Including adomey fees, to me party justty erdiOed iherek7. In awarding attorney fees, the Cwn shall not be bound by arty Court fee schedule, but shell, in the interest 01 Justke, award Ors full amount of costs, expenses, and atiomey fees paid of InCUrted In good faith. 6, WANER. HRG's waiver of any term, wndkbn, or covenantor breach of any Perm, corWition, ar covenant shall ntN constlWte a waiver of any other term, wndltbn, or wvenanL a the breach OtereoT. 7, ENTIRE AGREEMENT. This Agreement and Its adechmanta, wnstltures the entire understanding between CLIENT and HRG relaOng to prafesslonal eiglneering services. Any odor or contemporaneous agreemen6, promises, negotietiorts, or representatk>na not expressy set forth herein era of rro effect Subsequent madificefiorts or amendments to this Agreement Shall be In writing and signed by the ponies to this Agreement. II the CLIENT, qs orkcers, agents, or employees request HRG ro pedorm extra walk or servlcea pursuant to this Agreement CLIENT will pay for the addltlonal services even Hough an additiorel written Agreement is rqt Issued unsigned. 6. SUCCESSORS ANp ASSIGNS. All of the lemis, conditions, and provisions hereel shall inure re Ole bene5l of and be binding.upm the paAieS hereb, and their respectNe successors end assigns, provided, however, that m asslgnrtten[ of tltU Agreement shall be made without written Consent df me parties ro thk Agreement. 9. OPINION OF PROBABLE CONSTRUCTION CDST5. Optnbn of probable wnswction costs kxihe fadlities considered end designed under this Agreemenl8re prepared by HRG through exemise of its experience and judgmem in applying presently evallable mat data, but it b recogn¢ed that HRG has no control over cosh of labor end materials, or over the CgtaWCUon Wnhadors methods d delenninmg prices, or over competitive bidding procedures, market wndillona, and unknown fieq caMOions so that HRG canntri end does nvtguarantee that proposals, bids, athe projeG wnsWCtion ousts will not vary from HRG's opinort of probable mnaWdtlen msffi. 70. INJURY TO WORKERS. It is understmd and agreed that HRG's fee is based On HRG being named as an Additional Insured on mnstmclion contractors Insurance policy far Comprehensive Generel Li06ility and Builders Atl R8k LIabYlly, and CLIENT agrees to Insert Into all Gdntradts for mnsWclion between CLIENT and constructon contractor(s) arising out of finis desgn 0 prevision requiting the consW ctlon conirador(s) to defend, Indemnify, and hold harmless both CLIENT end HRG trust any and all aclbrrs ariskg out of the conSWClivn project, including, but not IimOetl to, injury to or death of any worker on ate Job site, not caused by Ore sole negligence of CLIENT or HRG. 11. SITE VISITS. Visiffi ro the consWclivn site and observatbns made by HRG as panof services during conswetidn under Nis Agreement shall not make HRG responsible tar, nor retlave the wnsWdion mntraclor(s) of the oblgation to wndud wmprehensNe monitoring of the work sufficient le ensure conformance with the Int~ntoi the Contract Oocuntenffi, end shall notmeke HRG responsible for, nor relieve the construction contractor(s) Df the WII re5pon5ldlll(y for all CpnsWction means, methods, techniques, sequences, and procedures necessary for mordbating and wmpleling all portions of the work under the mnstructim contract(s), end br all safety precautions inddenlal mereb. Such visits 6y HRG are not to be consWed as pan of iha observation duties of the onaite observation personnel defined bebw. 72. DN•SRE 085ERVATION. When HRG provides on-site observation personnel a5 paA ol5ervke5 during wngtNCtiDn under this Agreement, the on-site observaton personnel will make reasonable efforts td guaM CLIENT against detects and defx:rencies in the work ~<<~~ ~ of the contractor(s), and to help detemnlne If the provisions of the Gpntiact Documents are 6emg fulfilled. Their day-to-09y observation ' will np6 however, cause HRG 10 be resppnslble for those duties aM respon5ibildles which belong ~ the Cdn5WC110r1 canfreCA7K6), Including, Md not limited b, full resppnslbllily far the means, methods, techniques, sequences, and progress pl CpnaWGtlpn, and the selaty precautions incidental thereW, aM for performing the conslrucUon work In accordance with the Contiect Documents. 19. SEVERA8ILRY. If any provision of this Agreement la deGared invalid, illegal, Or Incapable M being enforced by airy CpuAof wmpetettt Jurisdiction, all of the remaining provisions of this Agreement shall neverihe1e55 mntinue in toll face~aM eded, end no provlsbn sheN . 6a deemed dependent upon any other provision unless so expressed herelm. , 14. DISPUTE RESOLIJpION (a) Mediation. In an edort to resolve any cOnfiicls that arise during the design or cansrouction of the pro}ed m fplbx4ttg ore completion of the project, the CLIENT and HRG agree that ell disputes between them dosing out Of of reladng to this Agreement shall 6e submitted to non~8indmg mediation unless the parties mutually agree otherwise. Tha CLIENT and HRG fuNler agreem include a similar mediation provsion in all agreements wIN Independent mnlactors aM ConsullanA retained for the prdJectand m require all Independent contractors and cansultents also tp Inqude a similar medlatlpn prpvlslon m all agreements wdh 5ubcondadpB, subtOnsultants, supplfare Or fabricators so retained, thereby prOVldhg for mediation as ore prirrrery method fa dispute resoWtlon between the paAea ro those ageemenp. (b) Arbitration. In the event Ne parties to this Agreement are unable to reach a sedlemenl of any dispute adslrg put pf the servbas under Ih$ Agreement, Involving an amount of less than $5d,000, in eccprdanoa With Paragraph 74(a) Mediation, then arel~ disputes shall6e sellled 6y binding arbitration by an arbitrator to be mutually agreed upon 6y tl1e parties, and shall proceed In accorddnce w1N the DoflatNGt10n Industry Arbitiatipn RuIBg DI the American Arbltradon Association Cunandy in edeR If the pelves Cannot agree On d Single aibilrelOn Ihen lhB arbdratpr(S) shall be selected In accordance with die above-referenced NIBS. ~ <<~ BQ LTON Q•: M ~ N K , I N~_ Consulting Engineers & Surveyors 19b0 Premier Drive • Mankato, MN 56001-5900 ' Phone (507) 625-4171 FAX (507) 625-4177 September 24, 2004 Mt. Randy DeVries Director Water/Wastewater City of Hutchinson 111 Hsssan St: $E Hutchinson, MN 55350 RE: Value Engineering for the New Water Treatment Facility bear Randy, Thank you for inviting me to be on the Value Engineering Team, I am pleased to provide you with the following proposal for my services. • Review of Report & Preliminary Plans & Specifications 5 hours • Value )engineering Meeting 8 hours • Value Engineering Report Preparation 4 hours • Travel Time hours . Total 20 hours My regular billing rate is $140/hour. Clerical time will be billed at $40.00/hour. Estimated clerical time is 4 hours. The estimated cost for my services will be $2,960 plus reimbursable expenses. If you have any questions, please contact me at 507-625-4171 ext. 104. Sincerely, BOLTON & MENK, INC. ~G. Herman Dhar~araj h Ph.b., P.E. Principal Engineer HD:bja G:lhutchinson\tkVriesLTl.doc MANKATO FAIRMONT SLEEPY EYE BURNSVILLE WILLMAR CHASKA AMES. IA LIBERTY, Mp An Equol Opponunlry Employer (~ ~~ tishbeck, lhompson, carr a huber, Inc. ~~ enginearl3 . ~ aciantlBts September 21, 2004 ~ B r c h l t e c t a Mr. Randy DeVries Utilities Director City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Re: Proposal for Professional Services Value Engineering Assistance Dear Mr. DeVries: ~' Fishbeck, Thompson, Carr & Huber, Inc. (FTC&H) is pleased to present our proposal to participate in the City of Hutchinson's (City) value engineering (VE) effort for the new water treatment plant (WTP), STATEMENT OF UNDERSTANDING We understand that the City is conducting a VE review of the preliminary design for the new WTP. The new WTP will consist of biological ammonia removal and membrane softening. We have been asked to review the membrane softening pgrtipn of the preliminary design, and understand that revievy of the biological ammonia removal and the overall system will be done by others. FTC&H has received a copy of the Pilot Study report. We understand that distribution of the Preliminary Report to the VE team is scheduled on October 11, 2DD4, and that the VE session, in Minneapolis, is scheduled on October 26, 2004. PROPOSED SCOPE FTGBH will review and discuss the Pilot Study report, the Preliminary Engineering report, and all associated drawings prior to the VE session. The proposed scope includes review by Mr. James Garber, Ms. Sherri Wright, and Mr. Tom Gavin. Mr. Garber was involved in the design of the membrane softening plant in Chelsea, Michigan, under previous employment; Ms. Wright was the project manager for the membrane softening plant in Saline, Michigan, under previous employment; and Mr. Gavin has been involved with process design for three membrane facilities. Mr. Garber will participate in the VE session In Minneapolis. PROPOSED BUDGET The FTC&H fee for the proposed services, based on our hourly billing rates plus reimbursable expenses, is budgeted at Five Thousand Two Hundred Dollars ($5,200). We will not exceed this amount without your prior written approval. This estimate includes 16 hours of review time prior to the meeting, S hours of travel, and 8 hours for the VE sessien. We have included a conservative estimate of $900 for travel expenses; however, it is expected that the actual travel expenses may be lower, if given sufficient lead time to purchase the airline ticket. 99255 Country Club Dr. Sully B-25 Fannington Hills, MI 49331 pn: 24e.a2a2oso fax: 248.324.OB30 www.}ich.com J:\NM\DMGlJBG\PROPOSALS\HU7CHIN80NMN VE.DOC `\ v ~ ~~ l tishbeck, thompaon, Carr 8 huber, Inc. Mr. Randy PeVrles Page 2 September 21, 2004 C~ L~ Enclosed are two Professional Services Authorization forms. If you concur with our scope~of services, please sign both originals, retain one for your files, and return the other to FTC&H io the attention of Ms. bawn Grates. This proposal is made subject to the enclosed Terms and Conditions for Professional Services. Invoices will be submitted every four weeks and payment is due upon receipt. We look forward to assisting the City with this important project. If you have any questions or require additional information, please call. Sincerely, FISHBECK, THOMPSON, GARR & HUBER, INC. James B. Garber, P.E. dmg Enclosures J:1NMIDMGV eGSPROPOSALS\HUTGHINSONMN_VE.DOC ~~~~ Professional Services Authorization engineers sCientlkta architects Project Name Value Engineering Assistance Project Number JBG Client City of Hutchinson Client Contact Mr. Randy DeVries Address 111 Hassan Street SE, Hutchinson, MN 55350 hereby requests and authorizes Fishbeck, Thompson, Carr & Huber, Inc. (FTG&H) to perform the following services: SCOPE OF SERVICES: Provide Value Engineering review and assistance for the new Hutchinson, Minnesota Water Treatment Plant as described in the September 21, 2004, FTCBH proposal letter. AGREEMENT. The Agreement consists of this page and the documents that are checked: li3 Terms and Conditions for Professional Services, attached. P1 Proposal dated September 21, 2D04. ^ Other: METHOD OF COMPENSATION: ^ Lump Sum for Defined Scope of Services D Hourly Billing Rates plus Reimbursable Expenses O Other: Budget for above Scope of Services: Not-to-exceed Five Thousand Two Hundred Dollars ($5,200) without prior written approval. ADDITIONAL PROVISIONS (IF ANI~: None. Approved for CLIENT: By: Title: Gontract Date: 10/2003 J:1NM5DMGWBGIPSA5IHUTCHINSONMN VE•PSA.pOC 39265 Gauntry Club Dr. 3uItB 9.25 Farmington HIII6, MI 48331 ph: 248-324.2999 lex: 248.324.0930 www.ftch.com Accepted for: Fishbeck, T~ho-m-p~s_on, Carr 8 Huber, Inc. -~ Title: Vice President Date Se tember 21, 2004 Ilshbeck, thompeon, Carr B hubef, InC. ~ C~~ ' ~ ~ tishbeck, ihampson, Can & huber, Inc. TERMS AND CDNDITIONS FOR PROFESSIONAL SERVICES 1. METHOD OF AUTHORIZATION, CLIENT may authorize FTC&H to proceed with work either by signing a Professional Services Authorization or 6y issuance of an acknowledgment, confirmation, purchase order pr other communication. Regardless of the method used, these Terms and Conditions shall prevail as the basis of CLIENT's ~~uthorization to FTG&H. Any CLIENT document or communication In addltlon to or in conflict with these Terms and Conditions is rejected. 2. CLIENT RESPONSIBILITIES. CLIENT shall provide all criteria and full informaticn as to requirements for the Project and designate In writing a person with authority to act on CLIENT'S behalf on all matters concaming the Project. IF FTC&H's Services under this Authorization do not include full-time construction observation or review of Contractor's performance, CLIENT shall assume responsibility for interpretaticn of contract documents end for construction observation, and shall waive all claims against FTC&H that may be in any way connected ther0tc. 3. HOURLY BILLING RATES. Unless stipulated otherwise, CLIENT shall compensate FTC&H at hourly billing rates in effect when services are provided by FTC&H employees of various classifications. 4. REIMBURSABLE EXPENSES. Those costs incurred on or directly for CLIENT'S Project. Reimbursement shall be at FTC&H's current rate far mileage for service vehiGes and automobiles, laboratory tests and analyses, computer services, special equipment services, postage end delivery charges, telephone and telefax charges, copying, printing and binding charges. Reimbursement for commercial transportation, meals, lodging, specal Tees, licenses, permits, insurances, etc., and outside technical or professional services shall be on the basis of actual charges plus 10 percent. 5. OPINIONS OF COST. Any opinions of probable construction cost andlor total project cost provided by FTC&H will ba on a basis of experience end judgment, but since it has nq control over market Conditions or bidding procedures, FTCSH cannot warrant that bids or ultimate construction or total project costs will not vary from such estimates. B. PROFESSIONAL STANDARDS; WARRANTY, The standard of Care for services performed or famished by FTC&H will be the care and skill ordinarily used 6y members of FTC&H's profession practicing under similar circumstances at the sam6 time and in the same locality. FTC&H makes no warranties, express or implied, under this Agreement or otherwise, in connection with FTC&H's services. 7. TERMINATION. Either CLIENT or FTCB,H may terminate this Authorization by giving ten days' written notice to the other party. In such event, CLIENT shall pay FTCRH In full Tor ell work previously authorized and pefrormed prior to the effective date of termination, plus (at the discretion of FTC&H) a termination charge to cover fnallzation work necessary to bring ongoing work to a logical conclusicn. Such charge shall not exceed 30 percent of all charges previously Incurred. Upon receipt of such payment, FTC&H will return to CLIENT all documents and information which are fhe property of CLIENT. 8. SUBCONTRACTORS. FTCE•H may engage subcontractors on behalf of CLIENT to perform any portion of the services to be provided 6y FTC&H hereunder. 9. PAYMENT TD FTCBH. Invoices will be issued every four weeks, payable upon receipt, unless otherwise agreed. Interest of 1 percent per four-week period will be payable on all amcunts not paid within 29 days from data of invoice, payment thereafter to be applied first tc accrued interest and then to the principal unpaid amount. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by CLIENT. CLIENT agrees to pay on a current basis, in addition to any proposal or contract fee understandings, all taxes inGuding, but not limited to, sales taxes On Services pr related expenses which may be imposed on FTC&H by any governmental entity. If CLIENT directs FTC&H to invoice another, FTC&H will do so, but CLIENT agrees to 6e ultimately responsible for FTCBH's Compensation until CLIENT provides FTC&H with that third party's written acceptance of all terms pf this Agreement and until FTC&H agrees to the substitution. In addition to any other remedies FTC&H may have, F7C8,H shall have the absolute right to Cease performing any basic or additional services in the event payment has not been made on a current basis. iD. HA7ARDOU5 WASTE. FTC&H has Walther Created nor Contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at any site, and its compensaticn hereunder is in np way commensurate with the potential risk of injury or loss that may be caused 6y exposure to such substances or conditions. FTC&H shall not 6e responsible for any alleged contamination, whether such contaminaton occurred in the past, is occurring presently, or will occur in the future, and the performance of Servipe5 hereunder does not imply risk-sharing on the part pF FTC&H. 11. LIMI7gTION OF LIABILITY. Tp the fullest extent permitted by law, FTC&H's total liability to CLIENT for any cause or combina6vn of causes, which arise out of claims based upon professional liability errors or omissions, whether based upon contract, warranty, negligence, strict liability or otherwise is, in the aggregate, limited to the greater of $50,000 or the amount of the fee earned under this authorization. W027.a • Da2002 Continued On Other Side a ~~ TO: Mayor and City Council Members FROM: Marc A. Sebora, Hutchinson City Attorney DATE: October 7, 2004 RE: Park Elementary V acation As you may recall, the City Council originally considered the request of Hutchinson Independent School District 423 to vacate the portion of land on which park elementary is situated in North Park in the city of Hutchinson at its July 27, 2004, meeting which was held at the Hutchinson Event Center. At that meeting, there was a presentation by members of the school board including President Keith Kamrath, Scott Nokes and the Eoard's attorney, Daniel Cole. These people talked about the history of Park Elementary being in the park as well as their position on the legal status of the ownership of the land. There was also a lengthy public hearing in which several community members voiced their concern over the legality of the school district's request and the future use of the Park Elementary buildings/lands. The Council tabled the decision on the vacation request so that the parties involved could came up with a solution which would be acceptable to the parties involved. The group was then Formed consisting of Dr. Robert Windel, President Keith Kamrath, Scott Nokes, Mayor Marlin Torgerson, Council Member Tim Haugen, Gary Plotz, Ron McGraw, Sandy McCormick, and Steve Cook. This group rnet eight times in August and September with the purpose of formulating an agreement which would serve both the needs of the school district and which would provide for the return of the land and buildings to the city. incorporated into the vacation resolution is the agreement that was finally reached by consensus of the parties. While the agreement is not perfect, it does serve both of the school's and the city's interests in the park elementary aside. Some of the major components of the agreement are: -The continued use of the Patk Elementary buildings for as long as the school district needs them for educational purposes. u C~ ~~~ . -lf, in the future, the school district no longer requires the use of the Park Elementary building, the school district would pay for the demolition of all or a portion of the Park Elementary building, as well as associated site cleanup. -That at such time in the future that any portion of the buildings are demolished, the underlying real estate would be redesigned as parkland by the City of Hutchinson. -After a return of the site to the City of Hutchinson, the City would allow them to use the parking area located at the corner of Glen Street and First Avenue SE and that the parking area would be maintained by the City of Hutchinson. In my opinion, the document reflects a goad compromise of all of the interests involved in this matter. The school district will he able to continue to use the building for as long as it seems necessary, and after that time, the City will be unable to control the site for a public use and, ultimately, parkland, therefore eliminating any concern about the site being used for private purposes or development. Equally as important is the ability to have a measure of control in the destiny of Park Elementary. Without an agreement that gives the City control of the Park Elementary site after the school ceases to use it, if a court determined that the school district is now the Fee owner of the parcel, the district would be able to convey the parcel to any private person or entity with little that the city could do about the use of that parcel except what controls exist in the City's zoning ordinances. if you have questions concerning this, i would be happy to entertain them at the upcoming Council meeting. Thank you. ~~ ~ L~ ~ (reserved For rcconiing purposes) AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND INDEPENDENT 5CH001, DISTRICT X123 OF HUTCHINSON MINNESOTA FOR THE RETURN OF PARK I.,AND The express intent of this document is to create along-term mechanism to restore and return the 2.5 acres deeded to the School District to that of its dedicated purpose -parkland. However, in keeping with the long history of public education at North Park, the School District shall be given the opportunity, via this vacation action, to continue to utilize the land for educational purposes until such time that the School District no longer requires the use of the land. VACATION RESTRICTIONS The City hereby vacates that portion of North Park depicted on Exhibit A hereto (the "Property"), subject to the following conditions which shall be recorded in the land records of McLeod County as a Declaration of Restrictions (the "Declaration") on the Vacated Land: 1) Continued School Use a) The Schonl District may continue to use all or a portion of the Property for educational purposes for as long as the School District determines necessary. However, if the School District decides to no longer use the Property and/or no longer occupies the building for educational purposes, the School District shall provide notice of this fact to the city and the City shall accept a conveyance for $1.00 by quitclaim deed of the Vacated Land. 2) Possible Demolition a) If the City decides to demolish all, or a portion of Park Elementary, the School District shall pay for such demolition and associated site cleanup. Any complete or partial demolition shall be commenced within one year from the date that the School District ceases all use of the property and be completed within a reasonable time frame. if the City determines that partial or complete demolition is not necessary within the one year period, the City shall accept the property "as is" and shall receive no funds from the School District. b) If partial demolition is determined to be the course of action, the School District shall pay for the stabilisation of any remaining portion of the building. Stabilization shall be limited in scope to repairing to code the openings and other structural intrusions caused during a ~~ `~ l partial demolition of the building, and constructing any entrances required by code and statute. c) In the event of a partial demolition, there shall be established a "Demarcation Line" separating the responsibilities of any and all costs beyond stabilization as described above. For example, if the 1956 addition in its entirety is razed, the Demarcation Line would be drawn to reflect a reasonable point at which a partial demolition ended, and stabilization began. d) if partial or complete demolition of any building occurs following the transfer from the School District to the City of, consistent with the original plat dedication oFNorth Park, the parcel of land that is underlying the demolished portion of the building shall be re-designated as parkland by the Ciiy. Any land that is received from the School District at North Fark that is not encumbered with a substantive structure shall also be re-designated as parkland. 3) Future Uses The City agrees to limit any and all future uses of the Park Elementary building to those that shall have a public purpose. APPROVAL . The City hereby grants a vacation of the Property. The vacation resolution authorized by the City Council shall contain reversionary language such that, should the property no longer be used for educational purposes, then the property shall return to the City for public or park purposes. The City also hereby grants a franchise to the School District for access from a portion of the Vacated Land to Grove Street (attached as Exhibit C hereto). The officers of the City are hereby directed to execute and deliver to the School District any further documents relating to such franchise rights. 1) The City and School District have entered into this agreement to resolve current Title questions and to ensure that at such time that the School District deems it no longer requires Park Elementary as a School District facility that the land and any other improvements shall become the property of the City of Hutchinson for $1.00. 2) Upon the adoption of this agreement, and within 60 days thereafter, the City shall vacate the park dedication for the Property and shall approve any Fair and reasonable franchise agreement(s) required by the School District to facilitate continued use by the School District. The City as required by the School District shall renew such franchise agreement(s) until such time as the School District passes ownership to the City. The Schaal District, by requesting the vacation, hereby forever waives any claim it may have to any other portion of North Park other than the above-described parcel. 3) If at such fuhrre date, by a resolution of the Hutchinson Board of Education, the School District determines it no longer regwres all, or a portion of its land at North Park, it shall convey to the City that school property in North Park, the City shall accept the conveyance, and it shall ~~~> become the property of the City for $1.00. The School District shall provide all necessary Title documents to the City within 60-days of notification to the City that the School District's option to transfer ownership to the City is being exercised. B1NpING AGREEMENT It is recognized by the parties that the School District may begin a quiet title or other action to establish ownership of the above-mentioned land iu the District's name. The City shall not oppose such court action and the District agrees that this agreement and its terms shall always remain binding on the School District. No attempt shall be made by the District to circumvent this agreement or have this agreement declared void or ineffectual by any court. INGRESS, EGRESS AND PARKING ~J The City shall grant a franchise or license to the District for the current accesses to the property and the bistrict shall be allowed to maintain said accesses at its expense. The District shall allow the city to use the entire parking area located at the southeast corner of Glen Street and 19` Avenue SE (specifically described as Lots 9 & 20 of Block 11 South Half City of Hutchinson) for as long as any structure remains standing on the vacated portion of the Notth Park premises. This parking lot shall be maintained by the City. HUTCHINSON SCHOOL DISTRICT CITY OF HUTCHINSQN Dated By_ Its BY,.. Its By Its BY. lts `~ ~ `'~ A REVISION TO HUTCiIINSON CITY CODE CHAPTER 73 TO INCLUAE REGULATIONS OF MOTORIZED SCOOTERS §73.17 Motorized Scooters For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. Motorized Scooter. Aself-propelled vehicle or power assisted vehicle drawn by a motor having a piston displacement capacity of 25 cubic centimeters or less or an electric motor that is incapable of propelling the vehicle at a speed in excess of 20 miles per hour on a flat surface. A) operating Restrictions. Ii is unlawful far any person to operate a motorized scooter on a public sidewalk or walkway provided or used for pedestrian travel; on any public street, highway or right-of--way, unless licensed pursuant io Minnesota law; or on publicly owned land including school grounds, park property, playgrounds, or recreation azeas. B) Exceptions. This section does not apply to licensed mopeds, rnotorized/electric- assisted bicycles or electric personal assistive mobility devices as defined and regulated by state law. C) Penalty. Whoever violates any provision of this chapter for which no other penalty has been established shall be punished as provided in § 1 D.99 of this code. L J l~[~ ~ , RESOLUTION NO. 12535 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL ND. 5066 LETTING NO. fi/PROJECT N0.04-06 & 04-07 WHEREAS, cost has been determined for the improvement of: 04-06 Echo Drive 5E from TH 7 to Freemont Ave SE by construction of storm sewer, sanitary sewer and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, restoration and appurtenances; and 04-07 Echo Circle SE frpm Echo Drive to termini by Construction of storm sewer, sanitary sewer and services, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances; and the bid price for such improvement is $5D5,429.90 and the expenses incurred or to be incurred in the making of such improvement amount to $121,303.18 so that the total cost of the improvement will be $626,733.08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL DF THE CITY DF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $278,879.23 and the portion of the cost to be assessed against benefited property owners is declared to be $347,853.85. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2005 and shall bear interest at the rate of 4.68 percent per annum from November 1, 2004. 3. The City Admihistrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 13th day of October, 2004. Mayor City Administrator D ~~J~ RESOLUt10N NO.12536 RESOLUTION ADOPTING REVISED ASSESSMENT ASSESSMENT ROLL N0.5088 LETTING NO.6/PROJECT N0. 0406 & 04-07 ECHO DR SE/ECHO CIR SE WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for improvement of: 04-06 Echo Drive SE from TH 7 to Freemont Ave SE py construction of storm sewer, sanitary sewer and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, restoration and appurtenances; and 04-07 Echo Circle SE from Echo Drive to termini by construction of storm sewer, sanitary sewer and services, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances, and WHEREAS, the city has entered into a Purchase Agreement in the amount of $23,400.00 with Firstate Federal for a Stormwater pond easement over property owned by Firstate Federal described as the N80' of the E720' of the N100', First Addition to South Side Terrace (PIN# 06-116-29-13-0110). The assessment for this improvement project (L6/04-06/SA-5066) on the Firstate Federal property iS $11,371.55. As per the Purchase Agreement, the assessment amount of $11,371.55 will be waived by the City and deducted from the purchase agreement price. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE GITY OF HUTCHINSON, MINNESOTA: 1. The assessment in the amount of $11,371.55 on the Firstate Federal property (PIN# 06-11 fi- 29-13-0110) is hereby waived in accordance with said Purchase Agreement. 2. 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 in equal annual installments extending over a period of ten (10) years, the first of the Installments to be payable on or before the first Monday in January, 2005, and shall bear interest at the rate of 4.88 percent per annum as set dawn by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2004 until the 31 st day of December, 2005. 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 cenification of the assessment to the Ccunty Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid bythe 15th day of November, 2004; 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 31 st 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 Ccuncil this 13th day of October, 2004. L Mayor City Administrator ~U~~J~ CLMPREO BY: Pv ASSESSNENT RGII. NO, 6066 f8iF.55 SEWER BERNCE C0.4TNNIi CCEPVTEO 8Y: J CHECNEO BY: P, V EH ~ LETTING NO. 6IPRO]EGT NO.Otd6 ~ECho b SEA S O4-DT DER ) 0496 ~ EGHO DR SE FROM TM TO FREEMGNi ANE SES 51.290.50 WATER SERVICE COSTNNIT 566.09 SiREE? BABE GOSTFF NDMBER GF YEARB: f0 OHT-ECHO OR SE FROM Ep10 GR SE TO TERMRiI BY CGNSTRUi[OM OF 520.00 CDRB SGLLTTEF;NRAINAGE COSTlFF INTEREST RATE: 4.8a% STCRM SEWER, $AIETARY SEWER 58ERNCEB. WAIERNMN 39ERNCE3, GRADING, CRANEL BASE, CONCRETE tai XEARLlf: 04113RD81 1NG NEARING: 9812L]004 CDF~ a GUTTER, BFNNIgV a BASE, aITUMINGI~ SDF6ALING, BI[1EW REBTGRATN]Ni MPDRTENRNCES A[XJPIED: 06R2fIa54 REN9IGM AGGPTEO: 1M1 Lt aa4 AGLT. CITY PH)NO. MASIE SA~RESS - _ LEGAL GESCRPFbM SEWER SERVCE W ATER SERVCE SR~ET 018E '-'•4hbsc TGTAL ACSIVE N0. CgRRYiRO NQ OF PROPERTYOiNIF3 - A[Drt10M dt 3D881WIX1 iJNR ASSESS- VNR ASSESS FF ABA. FF ASSESS, ASSESSMENT 0611&28-13-0FRO Rantl 5Ma MdemOn P Address: 897 15 SmM F.. ~.~R ~ ...aw.cao-wl 521 Na 5[51.1 Lot 18IX Thal Part NOi Ti1F158 E235'0f 5775'05 La[6, 1 31,005.00 ;rm-us.:~o.xi 1 23.207.0150 IL[tliina0n MN 55350 Au0 Pb1 EM 19, RW Pk[ 5 ]!2 Ser~n06-11&29 t 5871.55 1 31,29G.GD 33 32.B05.GD 33 3660.dJ 36,541 55 06-716-23-]3-00.90 C ke 8 GRarO P AAdreu: 945 EcTO p SE do Thomas $L e,PO89x217 Lo[1. frock 1. ;1,wxna.m Yw Nw-.r.e.r.n.i 2 23.269.OD10 +ar[rAinaon MN 55350 GleOn'e A00190rt 1 5871.55 f 31,200.00 ]21.5 510,327.50 80 31,207.00 3t3.599.D5 06-116-2A-13-0O/O Remak 8 Afa McReiVi Prtpert Address: 955 Echo Gr SE 6007 5[SW Lal 7, frock 1. Ixw e.::y,l.. e.ei.a,e>.~ni 3 23209.0020 iarh3iinsm MN 55350 Olson's Aldi9on 1 5871-55 f 31200.00 1251 310,230.00 SO 51200 DO SF3471.55 061F8-29-110050 pane L Krena P Adtlreu: 485 EBiO [k SE 1303 S b1h St L013, $lo:k 7, ;ew a.• ~aame,~,n x.e-1 4 23209.0930 SIIIHre[er MN 55082 Olsmk AtltlNm 1 5871-55 1 57,200.00 120 510,290.00 SO S12pC 00 Sa34]1.55 03]18-29-13-0060 Ha1N a ilr0lhers Pr Pddress: 899 15 S0u10 899 1580u1h Lol 1, Rl0ck 2, i•.,,.a..m,is: ~xr:-in1 ^. w,s a.ai 5 23209.0640 HuICiilvm MN 55350 Olsm's ROdhiOn 4 5871.55 ] 11,207.00 i8 36,630.00 0 SO CU 38.]04.55 D3116-29-f3-0070 HaM RrMhera Pr Atldress. 950 ETOIX SE 893 1550u1h .012, 810ck 2, ~ ~ :.yea r~..v..eman: 6 23209.W50 Hultliinsm MN 55110 Olsoa's AddhiOn 0 ;0.00 0 L9.00 120 s1p,zD7 a3 p 30.pA 310.200A0 03]1&29-13-0080 Rard SJOtlie Anderson Pr Address: 980 EOIO [k SE 987 ErT0 [1r SE L013, Block 2, iwn ~x e.manaeewNl T 23209.D060 HulUllam MN 5535[1 OlsdnS Adtlhim x SB73.55 ] 51.209 Cfl 120 Stp,20p 00 60 51,200.D7 513.471.55 03118-29-13-0090 Arch C0nslrw^lion Cam an Pro AA6ress. 991 EM0 [N SE P O RUx 717 L011, $10tl12, 8 23 2]2.0030 Moorhead MN 58580 Firs[PABNgn M SdM She Tertam 2 51,743.10 2 S2 407 p0 340 528.9D0 QD 340 W.BOD.DO 333.643.10 0&178-29-t3-0100 ! R 8 R Partnership Property Atldresa: 845 HA•y S5 SwRi ARn ~I JOens. R11, box 19A L01 7 E%N107', 810ck ], 9 23212.0010 f4arshall MN 56258 FUS[Atldahn [9 $0UN Side TeOaCe ] SB7155 0 SO.DO 290 320.400.09 290 54,&10.OD 326,0]7.55 031t6-29,]10110 FNSt SYa1e Federal Pr Atldress: 9515 15 SOUK 204 Main SY SaNh N1 W'vf Lb 1, frock 1, (N'arv W nm ner b: pme wmem ea per Pu~rnese en[aam m e o'1!ax~Faaemen[eal ee Cx2 5~w DMA-315053 Re wNx Oi-'AUj ip 23.212.0020 Hutchins0rt MN 55350 Frsl Atltlhlm lC SOUIh Sitle TenaOe 1 59-Lb 6 30.07 700 50-ll0 105 50.00 30.00 07-1]8-2&01-pD80 aF Hukhnsan Pr a AAdress: E005 15 SOUIh 171 Hassan 51 SE Lab 1 52, Block 1, 11 23.214.0010 Hufrlrnson AW 55359 CedarAVes 9ubdivehn 0 SO.D7 D 50.00 803 357,25100 603 512.060.00 55331500 cc HNU11ns9n Rraa Health Care AM: PhA Graves _ 1095 HAy 155oWh _ - _ SMyWYNLV 15711X0 Iq YI• aLE G1Jr,PAGE' OF a ~1 V COMPILED BY: AY EH ASSESSMENT ROLL N0. BG66 5875.55 SEWER SEANCE COSTNNR CYINP11TE0 BY: J CHECKED BY: P,V N LETTING NX).6RROJECT N0. W416 (ECHO f]r SE) S 04-0]{E k pVe6 ~1:CS1C 0R BE FROMTM TO FREEN!]Ni AYE 9Et §5,806.90 38§,W WATER SERVICE COSTNNR SiREEF iLVSE COSTA'F NIINBER OF YEARS: fa OLOi ~ECIq GR SE FRDIA ECNG I>R SE TO TERMINI BY CONSTRBTIGN OF L20,00 CU[B E GIITTERWPA NAGE COSTlFF 1NiEREST RATE: 4-63% STORM SEWER, SANITARY SEWER S SEANCES, WATERNAM 65ERVICE3, GRACING, GRAVEL BABE.CONCRETE 1ST NEARING: S4f1L1eN ]ND HEARING: OelLLS001 CURB d G1ITTER, BITIRRIN01 1S BABE.8RIIMINOIIS SlIf1FACING, SIDEWALK, RESTINUTION tAf+P11RTENRNCEB ADOPTE-: oussrmoa REVISION ADOPTED: f er43G aal ACCT. - GITS'PksMS. - - - 1FATEdA[IME56-- - - ~ ~ -`FJEDAL-EOCRpI1GN _- - - $E11®ISEIiHCE - WA7ER SEANCE STREET BASE CiWDRAINAGE TOTAL ACTPYE 1p, EOi6TY PMa NO. --EIF PRFIPERTY SAMIER ~ ~ ~ - - AOp1g110R SUBdgBiDll ~ - 1611 ASSESS. 111111 - A88EE3. fF ASSESS- FF ASSE68. ASSESSMENT NulCilison MN :x5350 OT-116-294f44N170 Richard 5chmid[Wuer P Atltlress: 1025 EGio a SE 158485[ 15 fall Block 2, nx.~rr-+sr ~~=.PP f2 23.214.dJ20 HNChinsori MN 51350 Catlar ACmS SebdrrNbn 7 5617.55 1 51,200.00 175 §14.B75.DD 175 §3,590.00 52+:448.55 0]-136-29L4-0060 - Rlchard ScMwiNauer P Atltlress: 275 Edlo Clr SE 15848 S[ 15 Loll, Block 2, 13 23174.D03] HNChlnaon MN 55356 Ceder Roes SuGeiraian 1 SB]1.55 1 51,200.00 130 f15,C50.OD 530 52,600.00 315.T27.55 01~f 1629-040D90 JCAn Y! KC ie5el Pr AAdreas: 225 Echo Cir SE E220 BrBdlard SY SE, 5[e 11D Lo13, Blotl[ 2, .rue F~...C iae ap e• •m.,,.Ix-rwp 14 23.2540w0 Hu[cFOSon MN 5535D Cedar ACrea SUShcvielCS 1 §6]1.55 1 51,200.00 130 §75,D50.OD 130 32,BD].00 (15,721.55 Q7-71629-01-0100 38HCOm an Pro Rddrese-235 EChs CY$E 707 F3615[W LIX 4, Bbek 2, P4.uee F~..IR iN erV ^-+m.•. inevvr, 15 23.214.0050 Glenna MN 55936 Cetlar Ayes SUbtliNSim 1 SB]1.55 1 31,200.00 137 §11,0.50.00 130 32,BW 00 §15,72155 o-7-11629-w-0110 Baae[Rrms PaMemrli Pro Rd]resa- 220 Edw Dr SE P O Bar 3]24 EIX S, Black 2, + ,.ua Fr '~m'ev n-+R ...+N l,~v'I 16 23.2F4.0080 Fa ND 56106 CedarAUes 5u301elslon 1 SB]5.55 1 51,200.00 739 §11,0.50.00 13D f2ROD.00 §15,]2F 55 O7-11&29-01-D720 Banat Anna Padraxkli Pm Rdtlress' 250 Echo Cr SE POBar 3]24 Lx 6, Bbrk 2. V 23.214.0070 Fa Np 581 CetlarAaes $ubdivislm 7 567155 t 31,200.00 130 331,OW.00 130 §2.600.00 315-T21.55 07-71629-w-0130 FPtllartl SClmidlbauer Pro R69rese 10.55 Etllo pr SE 1554651 15 Lc[7, Bbck 2, pr. •+~~•r : x•wcn; 18 23.214.00 lie[chlnson MN 55350 Cetlar Aces Subdiuiaim 1 §67155 s 31?D0 W 174 314.79D.CG 174 33,460 OD 320,311.55 O7-11029-w-0140 FU[dunson Metlinl Pro s Pro Address: 217 FreemoN Ave SE 21f Freemm[Ave SE Ln 6, Bhrk 2, 19 23.2E-4.CO6U Fk+[Jinson MN 55350 CedarRUes Suhdivlslm 1 3671.55 0 §700 580 315.30D.00 780 33,6D000 S19,iT1.55 TOTAL-ASSESSYENT Nl7LLN0. SO66-L ETTING NO. BlPROJECT NDA14N3d8{4l7 18 f1{,818.96 fi L1B,ODD.OS m4a iffif,SD2.80 arts §62,700A0 5347,SW.68 YaLfSPldfil ifTfNG NC.501JYi %OiPF3E 2CIF2 r\' ./ ^~~~~. ~'~J L/ r ,° ' r Pape 7 of 2 (web) tt/03 IWfft/leSOiA I~WlW t9amDnllg or manly LG220 Application for Exempt Permit Fee $50 FeePeld O anization Infarnlation cl,ea~"° ^rganizafion name Previous lawful gambling exemption number ~ ~~ Pa ST ~a(~ 'r ~ ~I - 0~.9 -a4 -aol Street City State/Zip Coda County Name of chief executive officer (CEt7) Fllst name et name paybme phone number of CEO r Name oT treasurer Daytlma phone number of First name Last name L l G treasurer: }} r 2 v- '- 7~ 3 O Type of Nonprofit Organisation Check the box that best desalbes your organization: ratemal ^ Religious ~ ] F r -a , ~ ~ veteran ©Other nonprofit organlzatlon Check the box that indicates the type of proof your organization attached to this application: © IRS letter indicating Income tax exempt status ^ Certificate of Good Standing Trom the Minnesota Secretary of Slate's Office ^ A charter showing you are an affiliate of a parent nonprofit organization [~ProaT previously submitted and on file with the Gambling Control Board Gamblin Premises Information Name of pramleas where gambling activity will6e conducted (for raffles, listiha site where the drawing will take place) v~ ~~ 1a~ Address (do Trot use PD box) City StatalZip Cado Ccurry a-y~ l s } Y~ S~.- ~~~c~.:r ^S~ hr1 3 ~~ 'P'1~-~~ a r~ ~ate(a) of activity (far reffles, Indicate the date of are drawing) l~v~ rn Vjwr ~`~ k~ '~L.b ~7`~ Check the box or boxes that indicate the type of gambling activity your organization will ba conducting: ^ •Birrgv ^ RaRles (cash prizes may not exceed 512,gb0) `"Paddlewheels ^ 'Pull-Tabs ^ 'Tlpboania •(iambling equipment for pull-tabs, apboarda, paddlewheels, and bingo (bingo paper, hard cards, and bingo ball selection device) must 6e obmined from a dlsMbutior Ilcenaed by the Oambling Control Board. Ta find a Ilcenaad distributor, go to rroww.gcb.atah.mn.us and click on ust of Licensed Olatrlbutor3. Or ca11667~39~099. This form will be made available h aftemattve /ormat (Le.large prlM, 8reille) upon request. The Iniormatlan requested vn this form (and arty altachrrenta) vrill 6e used by the Gambling Carrtrol Scarp (Board) tc determine your quallbatbnst0 tte Irnolved in lewhll gdmMing activities in Minnesota. You have the rlgM to refuse to guppy the Information requested; however, i( you refuse to Supply this infvrmattvn, the Scarp may not be able t0 determine your qualificativne and, as a consequence, may refuse to 188ue you s permit. If you supply the information requested, the Beard will be able tc process y°urepplicafivn. Your name and and your vrgan¢etlvn^s name and address will be publb information when reoefved 6ytlre 8verd. AN the carer IMomiatbn stet you provide wit ba private data about you until ttre eaan7lswes your perms. when the Board Iaauea your permt, ell vlthe gtTormafion that you have provMed t° the 8vard In the praceasaFappying bryour panne vrill trecame pu41k. If the Board dnee not Issue you e permit, all the information you have provided in the process of apptyirrg for a penny remains prate, with the exception vFyour name and your orgenlzaaonk name and address whlrh will remain public. Pdvate date about you ere evaNabk Doty tc the following: Board members, etaR of the Board whose work assignrnem requlresthat they have axeas tv ate Infomlaticn; the Minneacb department of Publb Safety; the Minnesota Attomay General; are Minnesota Commissioners oT Adminietratbn, Finance, and Revenue; the Minnesota Leplalative Auditor, national and Intemetlnnel gambling regulatory aperxies; anyone pursuardto court order, cater kMlvWualaend agerxxeattrat are speaficely authorized by able or federal law to have access to the irrlomratbn; Individuals end agencies Tor 1Mrlch law or legal order aulhoreese crew ttae orshadng oTlnfannatbn eRer this N°Goe was given; and anyone wah yvurconcent. la~~~ Page 2 of 2 t_G22~ Application for Exempt Permit l 12ro3 Organization Name ~ ~ Q ~ ST ~ lJb U \ ~ A! Local Unit 4T Government Acknowledgment M the gambling premises is within city Ilmits, the city must slgn this applicatbn. On behalf of the cty, I acknowledge this application. Check the action that the city Is taking an thla application. ^ The city approves the application with no waiting period. The city approves the application with a 30 day ^ waltln® period, and allows the Board to issue a permit after 30 days (80 days for a first class city). The sty denies the application. Pdnt name of crty (Signature of city pen3onnel recaiving applioetion) Tide bate, J / K the gambling premises is Inr•.atsd In a township, both the county and township must sign this appl~ation. On behalf of the county, I acknowledge this application. Check the action that the county Ia taking on this application. The county approves the application with no waging period. The county approves the application with a 30 day waiting period, and allows the Bcard to issue a permit after 30 days. The county denies the application. Print name Of county rooeiving eppliwdon) Date / / TOWNSHIP: On behaH o} the township, I ackknowledge that the organization is applying Tvr exempted gambling activity witltin the tovunship limii&. [Atavmehip has no statutory authority to approve or deny an epplicadan (MinnasoII7 Statute 349.213, subs. 2).] print name of township (Signature of township oldest gckrtowladging application) Chief Executive Officer's 5lgnature The information provided in this application is complete and accurate to the best of my knowledge. executive officer's C~ Name(pieaseprint) a ~ C-~ ~e.1~LI Mail Application and Attachments At least 45 days prier to your scheduled activity data send: • the completed application, • a copy of your proof of nonprofit status, and - a $50 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government of has been denied, do not send the application to the Gambling Control Board. ~~ ~0.~3