BUFFALO CITY COUNCIL AGENDA Meeting: Monday, March 2, 2015 Place: Buffalo City Center Time: 7:00 p.m. 1. ANNOUNCEMENTS. At the onset of each meeting the Mayor and Council will make announcements. 2. OPEN FORUM. The purpose of the open forum section of the meeting is to allow citizens to express any needs or concerns that they have to the City Council. We allocate this time toward non-agenda items only. The City Council can then act on the concern or put the item on a future agenda. 3. AGENDA ADDITIONS OR DELETIONS. Most often additions are noted at this time and then heard at the end of the regular agenda. 4. COUNCIL REPORTS AND RECOGNITION. This is the time the Mayor and Council give reports and recognize people or organizations. 5. APPROVAL OF FEBRUARY 17 MINUTES, CLAIMS AND PAYROLLS. The Council will review claims and payrolls as well as the prior meeting minutes. A. Approval of Minutes B. Approval of Claims and Payrolls Please Click Here For More Information.
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BUFFALO CITY COUNCIL · Buffalo City Council Agenda March 2, 2015 6. CALL FOR HEARING ON DELINQUENT ACCOUNTS. Summary: It is requested that the Council call for a hearing to certify
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BUFFALO CITY COUNCIL
AGENDA
Meeting: Monday, March 2, 2015
Place: Buffalo City Center
Time: 7:00 p.m.
1. ANNOUNCEMENTS.
At the onset of each meeting the Mayor and Council will make
announcements.
2. OPEN FORUM.
The purpose of the open forum section of the meeting is to allow citizens
to express any needs or concerns that they have to the City Council. We
allocate this time toward non-agenda items only. The City Council can
then act on the concern or put the item on a future agenda.
3. AGENDA ADDITIONS OR DELETIONS.
Most often additions are noted at this time and then heard at the end of
the regular agenda.
4. COUNCIL REPORTS AND RECOGNITION.
This is the time the Mayor and Council give reports and recognize people
or organizations.
5. APPROVAL OF FEBRUARY 17 MINUTES, CLAIMS AND PAYROLLS.
The Council will review claims and payrolls as well as the prior meeting
minutes.
A. Approval of Minutes
B. Approval of Claims and Payrolls
Please Click Here For More Information.
Buffalo City Council Agenda
March 2, 2015
6. CALL FOR HEARING ON DELINQUENT ACCOUNTS.
Summary: It is requested that the Council call for a hearing to certify
delinquent accounts.
Recommended Action: Call for hearing on March 16, 2014 at 7:00 p.m.
Responsible Person for Report: Assistant Administrator Laureen Bodin
Please Click Here For More Information.
7. CALL FOR HEARING TO CONSIDER VACATION OF BUSHNELLS
ALLEY ADJACENT 305 LAKE BOULEVARD NW.
Summary: A petition for vacation of a portion of Bushnell’s has been
made by legal counsel representing property owners Dale and Mary
McDonough.
Recommended Action: It is recommended that the City Council call for
a hearing to consider the vacation of a portion of an alley. A hearing
could be held on Monday, April 6, 2015 at 7:00 p.m.
Responsible Person for Report: Assistant Administrator Laureen Bodin
Please Click Here For More Information.
8. ACCEPTANCE OF DONATIONS FOR 2015 FLORA OF BUFFALO.
Summary:
The following donations were received for 2015 Flora of Buffalo:
David & Judie Rose - $65 Kristi & Greg Beyer - $65
David & Denise Casey - $65 David & Michelle Robinson - $100
Donna Anderson - $25 Tom & Nadeen Klett - $20
Warren Nelson in Memory of Arlyn Nelson - $115
Buffalo Area Chambers of Commerce - $1,990
To date the Flora program has received $6,110.
Recommended Action: Accept all donations with gratitude.
Responsible Person for Report: Assistant Administrator Laureen Bodin
Buffalo City Council Agenda
March 2, 2015
9. WILD MARSH GOLF COURSE.
Summary:
Approval of 2015 Wild Marsh Rate Card
Approval of job description for the new pro shop position.
Recommended Action: The 2015 rate card and pro shop positions are
ready to be approved by the City Council.
Responsible Person for Report: Councilmember Olson, Administrator
Auger
Please Click Here For More Information.
10. APPLICATIONS FOR FIREWORKS SALES PERMITS.
Summary: Two applications were received for sales of fireworks at the
locations listed below.
B.J. Alan Company Fireworks for Menard’s, 1415 County Road 134,
for indoor sales May 1 through December 31, 2015.
TNT Fireworks for Walmart, 1315 Highway 25, for outdoor sales
(parking lot) June 21 through December 31, 2015.
Recommended Action: Approve both specified permits, with all
conditions met and contingent on inspection by Fire Chief John Harnois.
Responsible Person for Report: Assistant Administrator Laureen Bodin
11. UPDATE ON BACKYARD CHICKENS FROM NEIGHORING
COMMUNITIES.
Summary: Administrator Auger has done some background on the cities
of Monticello, Howard Lake and Albertville regarding their disposition on
allowing backyard chickens.
Recommended Action: The Council may continue discussions on the
topic or take no action.
Responsible Person for Report: Administrator Merton Auger
Please Click Here for More Information.
Buffalo City Council Agenda
March 2, 2015
12. ADJOURN.
Summary: Oaths of office will be administered to Chief of Police Pat
Budke, Lieutenant Rachel Pearson, and Sergeants Josh Erickson and
Andrew Johnson on Wednesday, March 11, at 6:00 p.m. in the Council
Chambers. The Council is invited to attend the ceremony.
PID ADDRESS AMOUNT DESCRIPTION103-171-004090 615 Buffalo Hills St. $57.31 Utilities
Delinquent Accounts Hearing March 16, 2015
*Amount plus Interest at 6%.
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CITY OF BUFFALO
COUNTY OF WRIGHT
STATE OF MINNESOTA
A RESOLUTION SETTING A PUBLIC HEARING ON A VACATION COMMENCED
BY A PETITION OF ABUTTING LANDOWNERS
THE CITY COUNCIL OF THE CITY OF BUFFALO, MINNESOTA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, a Petition signed by the majority of the property owners abutting a public alley; all located in the Townsite of Buffalo, City of Buffalo, County of Wright, State of Minnesota was received by the City Administrator on the 23rd day of February, 2015; and WHEREAS, the Petition requested that the City Council pursuant to Minnesota Statute §412.851 vacate the aforementioned alley; all located in the Townsite of Buffalo, City of Buffalo, County of Wright, State of Minnesota.; and legally described as follows: That alley located in Block A as dedicated on the recorded plat of Bushnell’s 2nd Addition to Buffalo, Minnesota, Wright County, Minnesota, that lies Easterly of 4th Avenue Northwest formerly known as Grant Avenue and Westerly of the Northerly extension of the East line of Lot 5 of said Block A. WHEREAS, the City Administrator has reviewed and examined the signatures on said Petition and determined that such signatures constitute a majority of the landowners owning property in fee simple or abutting the aforementioned alley sought to be vacated; and WHEREAS, a copy of said Petition is attached hereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BUFFALO,
COUNTY OF WRIGHT, MINNESOTA:
1. The Council will consider the vacation of the alley as denoted in the Petition, and a public hearing shall be held on such proposed vacation on the 6th day of April, 2015, before the City Council in the City Hall located at 212 Central Avenue, Buffalo, MN 55313 at 7:00 p.m.
The City Administrator is hereby directed to give published, posted and mailed notice of
such hearing as required by law. Passed by the City Council this 2nd day of March, 2015.
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Signed by: Brad Nauman, Mayor Signed By: Merton Auger, City Administrator
MEMO To: Merton Auger, City Administrator From: Eric Ritter CGCS, Superintendent/Interim Manager Re: Wild Marsh 2015 green fee rates for Council approval 2/20/2015 Mr. Auger:
Below are the suggested 2015 Green Fee rates for City Council approval. Wild Marsh staff researched local competition and other metro courses of similar stature to develop this rate structure. This rate structure was also reviewed and comes with recommendation from the Golf Advisory Committee.
The Golf Advisory Board suggested eliminating resident only rates. It is unfair to customers that travel to patronize Wild Marsh. It was also mentioned that this is in line with other city operated businesses. For example, residents don’t get a special discount at the liquor stores. It was suggested instead that there be a loyalty based discount for residents that patronize Wild Marsh. In review of other Municipal operations, I found very few that offer permanent discounted resident only rates. Wild Marsh staff will develop a special offering for discounted golf rates available to COB residents.
Proposed 2015 Wild Marsh daily rates for Council Approval Rates INCLUDE sales tax
GREEN FEES: (rates are walking unless otherwise noted) 18 Hole Public Greens Fee $42 Monday-Sunday 9 Hole Public Greens Fee $24 18 Hole Junior (Restricted times - call) $20 9 Hole Junior (Restricted times - call) $10 CART FEES: 18 Hole Cart Fee, per person $18 9 Hole Cart Fee, per person $ 9 SPECIAL GREEN FEE RATES: Twilight Rate Ride $45 Twilight starts at 3:00pm Unlimited Golf Twilight Rate Walk $33 Twilight 9 Ride $27 Twilight 9 walk $22 18 Hole Senior Rate Ride $35 Monday- Friday anytime 18 Hole Senior Walk $27 Available to Seniors 55+ 9 Hole Senior Ride $27 9 Hole Senior Walk $22
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February 25, 2015 To: Mayor and City Council Re: Chickens in Yards Fr: Merton Auger Pursuant to Council direction I have investigated the actions of other cities in regards to allowing chickens in back yards. I have contacted Howard Lake, Monticello, and Albertville. Monticello: Allows “fowls” to be kept on property upon approval of 80% of the neighbors within 100 feet of the petitioner’s property. There is a real question as to whether the delegation of this Council Authority is even lawful. Our attorneys have consistently held (as have precedent setting court cases) that the Council cannot delegate this kind of authority (approval or disapproval) to surrounding property owners. The exception to this is the City of Minneapolis which has a “fowl” ordinance on the books. The difference, and it is a significant difference, is that Minneapolis is a City of the First Class per Minnesota Statutes. They have a city charter which allows this delegation of authority. The City of Minneapolis also has a significant license inspection program to make sure that all laws of Minneapolis are complied with in keeping “fowl” on the property. Albertville: This has been addressed by the City Council and they have consistently turned down requests to keep fowl or other animals in the City Limits. Howard Lake: They are reviewing requests to allow fowl within the City. No action has been taken but the matter may be reviewed by the Planning Commission. The Administrator for Howard Lake states that the city has “strong agricultural ties” which may make it more acceptable. They also tend to have larger lots. Buffalo Staff Comment: There have been numerous requests for Chickens in the past that have always been turned away by the Council. Prior Councils have felt that Buffalo is a residential area. Fowl and other farm animals seem to be better cared for in rural areas of the County where there are large lots and suitable setbacks from residential uses. Moreover, there have been requests to keep other farm animals in the City such as mink, small horses, and pigs. These have all been precluded by existing City Ordinance. Allowing one type of farm animal may in fact bring requests for other types. It would be hard to make a rational allowance for one type over the other.
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City Council Minutes
February 17, 2015
Pursuant to due call and notice thereof, the City Council of the City of
Buffalo, Minnesota, held a regular meeting in the City Center on Tuesday,
the 17th day of February 2015 at 7:00 p.m. The following members were
present: Paul Olson, Brad Nauman, Teri Lachermeier, and Eric Anderson.
Absent was Scott Enter. Also in attendance were Administrator Merton
Auger, Assistant Administrator Laureen Bodin, Utilities Director Joe Steffel,
Chief of Police Pat Budke, Golf Course Interim Manager and Course
Superintendent Eric Ritter, Management Analyst Ann Orlofsky, and Project
Manager Justin Kannas of Bolton and Menk.
ANNOUNCEMENTS
Environmental Moment
Council member Olson said he had a recent phone call with a resident
that led him to look into the topic of recyclables. The average residence
accumulates enough recycling to have pickup be done every two weeks.
Facts included that the market is soft for recyclables. Despite this, he
stated that in 2014, the City generated 80 tons of recyclables per month.
Contact Waste Management if a larger bin or more than one container is
needed.
OPEN FORUM
Nancy Loberg addressed the Council on the ability for residents to have
backyard chickens. She had presented the idea to the Planning
Commission and was advised to speak to Council. She said that many
communities have ordinances allowing chickens as pets and that
popularity grows for people to raise chickens as a hobby. Surrounding
cities and communities have established specific regulations regarding
number allowed, how the coops are to be maintained, and restrictions on
roosters due to noise, for example, stated Loberg. She presented to
Council some examples of other cities’ ordinances.
Council member Olson said the discussion from the Planning Commission
in asking for Staff to spend time to study the issue and didn’t feel
comfortable in making the recommendation to Council at this time.
There has been past interest from residents and Staff did past studies,
stated Administrator Auger. The communities that allow for chickens in
their ordinances have staff to monitor the residences with chicken.
Minneapolis has a stringent inspection program, which involves staff time
dedicated to this.
February 17, 2015
Per his brief online research, rules vary among cities, said Council member
Olson. Monitoring sites and odors were among the reasons why some
cities have considered the reasons to not allow chickens. From allowing
this might bring questions regarding other farm animals, such as pot-
bellied pigs, for example.
Mayor Nauman said he is not a proponent of allowing chickens and Olson
agreed. Council member Lachemeier thanked Loberg for approaching
Council on this issue. She went on to say that she is not saying no, but has
some reluctance due to the potential of attracting other varmints. As an
insurance agent herself, Lachermeier stated that chickens are not
covered under homeowner policies and feels that it wouldn’t be a good
thing from that standpoint.
Loberg claims that she already has had past experience with varmints in
her yard and went on to mention how Monticello recently passed an
amendment to their ordinance to allow chickens.
Mayor Nauman asked Administrator Auger to reach out to Monticello’s
Administrator to learn how they came to the resolution of their approval
and what they do to enforce the regulations. Council member Anderson
believes that Howard Lake is also reviewing this same issue in their
community.
A number of cities require permits, Loberg said, and feels that Minneapolis
does a good job with monitoring their residents’ operations. She stated
that Plymouth and Albertville also allow chickens. Mayor Nauman stated
that Staff will speak to Monticello and Howard Lake regarding their similar
issues as they are more of the nature of Buffalo. Council member Olson
added that Albertville was one of the cities that is denying chickens,
according to his online research, and suggested for Staff to speak to their
community as well.
Mayor Nauman and the Council thanked Loberg for taking the time to
research and present her information to Council.
COUNCIL REPORTS AND RECOGNITION
Buffalo High School Girls Hockey
Council member Olson recognized the Girls High School Hockey Team for
going to State. Their meet is Thursday against Edina and wished them luck.
February 17, 2015
Community Center Advisory Board
Council member Lachermeier mentioned that there are various events at
the Community Center. She said that there were too many to list, but
recommended visiting their section on the City of Buffalo website and
looking at the calendar of events in the monthly newsletter.
Airport Advisory
Mayor Nauman attended his first Airport Advisory Board on February 4th
as a representative from the Council. May 29-31 scheduled for an Aviation
Camporee event, focused at the Airport and area churches for 500-700
Boy Scouts to camp out.
Minnesota Dept of Transportation reps were in attendance and provided
informational presentation on the funding of airports and services
available through MnDOT. Funding and project approval is complex and
lengthy, as demonstrated by a three-page spreadsheet showing the
process.
APPROVAL OF FEBRUARY 2 MINUTES, CLAIMS AND PAYROLLS
Upon motion by Council member Lachermeier, motion seconded to
approve of the February 2nd minutes, all members voting in favor.
Upon motion by Council member Olson, motion seconded to approve
the following claims and payrolls, all members voting in favor.
PAYROLL DATES 02/05 PAYROLL: $ 192,654.37
CHECK RUNS EFT CHECKS TOTAL
1/30/2015 $175.89 $385,734.66 $385,910.55
2/6/2015 $88.50 $151,449.57 $151,538.07
Grand Total $537,448.62
PLANNING COMMISSION MATTERS
Election of Officers
Council member Olson reported that the Planning Commission met on
Monday February 9th and Steve Cullinan was elected Chair and Kim
Barse as Vice Chair.
Conditional Use Permit, LPG & NH3 Supply, Inc., 1200 1st St. NE, P.I.D.
103-132-002020
February 17, 2015
Charles Koch, Owner of LPG & NH3, Supply, Inc., had applied for a
Conditional Use Permit to allow for a fenced outdoor storage area on east
side of building. The property is in the I-1 Light Industrial zoning district.
Council Member Olson reported on the Planning Commission’s
recommendation to allow for the Conditional Use Permit with a storage
area limited to what is allowed by ordinance of a max at 15,360 square
feet to meet the 50% standard. He moved approval citing the six
conditions in the NAC report dated February 3, 2015, File No. 137.03 –
15.01 including the Engineer review of the storm water plan specific to
condition number 7, motion seconded.
Koch explained what equipment was intended to be stored along with
securing company vehicles.
Assistant Administrator Bodin explained that the applicant’s contractor,
Larson Building, submitted a site plan that demonstrates the allowable
outdoor storage space.
On the motion all members voted in favor.
PUBLIC HEARING – DELINQUENT ACCOUNTS TO BE CERTIFIED TO THE TAX
ROLLS
Mayor Nauman opened the hearing and called for comments. There
were none, so he then closed the hearing.
Assistant Administrator Bodin noted that the first delinquent, as noted in
the agenda packet, is now current in their utility bill, so that should be
stricken from the list.
Upon motion by Council member Lachermeier, motion seconded to
approve certification of the following accounts to the tax rolls, all
members voting in favor.
Delinquent Accounts Hearing February 17, 2015
PID ADDRESS AMOUNT DESCRIPTION
103-124-003010 2001 Ibis Drive $327.39 Utilities
103-171-004090 615 Buffalo Hills Street $538.94 Utilities
*Amount plus Interest at 6%.
February 17, 2015
REQUEST TO AMEND TEMPORARY SIGN POLICY
Keith Dickson had requested that Council change its policies to allow for
signs to be displayed longer than allowed now and also to allow
temporary signs larger in size than 4’ x 8’. His temporary signs are 5’ x 10’.
Assistant Administrator Bodin mentioned that Dickson was unable to
attend the meeting, so she left the discussion open for Council to decide
if they wanted to move forward.
Mayor Nauman asked if Council was to amend the ordinance to increase
the size of the sign, what else could come forward from any other
contractors or businesses. Bodin stated that the ordinance is put in place
by what the State statute dictates.
Administrator Auger said that out of the four other sign companies that
operate in town, none of them have had issues or problems with
complying with the City ordinance. Once this is addressed for one, more
will come forward with their own demands. Buffalo’s community is unique
in that the signs allowed are all uniform in size, advertising non-profit
organizations only, and that duration of time allotted to being up is the
same for all who apply.
Mayor Nauman asked about real estate signs in that most of those are left
out for a long length of time and are larger than 32 square feet.
Administrator Auger stated that they are covered under their own zoning
ordinance according to the property in reference and square footage for
sale/lease/rent.
Another purpose for having set regulations of temporary signs is to allow
for the use of the electronic sign on Highway 55 for non-profit events,
stated Administrator Auger.
Since a policy was established that falls outside of what the ordinance
sets forth regarding temporary signs, Staff recommends that this matter be
remanded to the Planning Commission.
Assistant Administrator Bodin reviewed the current policy and a
memorandum of NAC regarding need for an ordinance rather than a
policy.
Council felt that there was not a need for changes at this time to the
temporary sign policy, so no action was taken.
February 17, 2015
ACCEPTANCE OF DONATIONS
Upon motion by Council member Olson, motion seconded to accept the
following donations received for the 2015 Flora of Buffalo program, all
voting in favor with gratitude.
Jan Brown $65 Jerome & Sharon Kelly $65
Buffalo American Legion $500 Nancy Schroeppel $300
Rotary Club of Buffalo $750 Vivian & H Richard West $65
David Pursley $25 Mary Jo & Noel Snare $100
Patrick Smyth $100 Redlin Distributing, LLC $65
CALL FOR PUBLIC HEARING – TH 25 NORTH IMPROVEMENTS BY MNDOT
Project Manager Kannas stated that MnDOT has prepared the final plans
for the TH 25 improvements north of Highway 55 to Catlin Street to begin in
2016. Bolton and Menk, MnDOT, and the City of Buffalo has been working
together to finalize layout plans and had an open house to present the
said plans to the public in October last year.
At this time, MnDOT is asking for the Municipal consent on the layout, as
presented, to be able to move forward. Kannas stated that it is asked of
Council to call for a public hearing on April 6th the Council will be
requested to adopt a resolution approving of the plans and the City’s
share of funding.
Mayor Nauman asked if it is best to hold an open house to discuss the
details of this portion of the improvement project. Kannas stated that all
phases, south and north of Highway 55, were discussed at the October
open house and that notices were sent out to those that would be
effected by this project.
Mayor Nauman called for a motion to be made to call for the hearing on
Monday, April 6, 2015 at 7:00 p.m., but then stated that two Council
members would not be in attendance and asked if it could be moved
forward to April 20th.
Kannas stated that notice needs to be sent out 30 days before the
hearing, so this date should work according to MnDOT’s request for a
public hearing within sixty days of submittal and the letter being dated
February 5, 2015.
Mayor Nauman asked if an extension could be requested for the hearing
February 17, 2015
date on April 20th and asked for a motion. Motioned by Council member
Lachermeier and seconded, all voting in favor.
REQUEST TO PURCHASE GOLF CARS PER 2015 CAPITAL BUDGET
Mayor Nauman thanked Ritter for stepping up to the request as acting
manager of the Golf Course.
Wild Marsh Interim Manager Ritter explained the need for the golf cars to
be replaced. They are currently seven year old and need serious repairs.
The costs for refurbishing the cars, including new batteries and electrical
wiring, charging units, body work, and other routine maintenance come
to about $80,000. About 80% of the fleet of cars need new batteries to be
operational and would only last about another four to five years.
Three bids were collected to replace the golf car fleet (64 cars) at Wild
Marsh Golf Course. All bid pricing is after trade-ins.
Bids were as follows:
Club Car: $201,216.00
Versatile Vehicles Inc. (EZ GO): $185,600
Yamaha Golf & Utility: $184,960
Based on three bids received, the bid that from Yamaha Golf and Utility
for electric cars and two utility vehicles in the amount of $196,651.62,
including the trade-in of the old cars.
The most economical fix would be to purchase an entirely new fleet of
golf cars new with four-year warrantees, new AC designed motors,
making the batteries last longer.
Gas cars were also considered, but due to the storage of the current
electric cars, it is more feasible to replace the existing fleet with the like.
Also, the storage space is located under the clubhouse and restaurant
and could produce fumes upstairs, if exchanged with gas cars. Electric
cars are also quieter than and not as distracting as the gas-powered
models.
Revenues in 2014 for car rentals totaled $127,000, Ritter explained, so cars
pay for themselves in a few years and can last several years. Payback
would be less than two years, as opposed to leasing the vehicles.
The cars would be paid through a lease purchase for four years,
February 17, 2015
Administrator Auger explained.
The Mayor agreed that if the Course is to stay in business, the best option,
in his opinion, is to get new golf cars. This was also already factored into
the capital budget of $230,400 designated for Wild Marsh.
Ritter went on to say that he’s comfortable with the products and service
that Yamaha has to offer. The two utility cars that are also requested
would be designated for the rangers, who are currently using the same
sort of golf cars that are out on the course now. They will also be useful
during events when sponsors wish to advertise or transport equipment in
the rear box.
Upon motion by Council member Olson to proceed with the purchase of
64 golf cars and two utility vehicles from Yamaha Golf and Utility for the
amount of $196,651.62, motion seconded, and all members voted in
favor.
ADJOURN
Mayor Nauman adjourned the meeting at 7:55 p.m.
Mayor
City Administrator
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*** G R A N D T O T A L S ***
----------EARNINGS----------- ----BENF/REIMB---- -----------DEDUCTIONS----------- -------------------TAXES--------------------DESC HRS AMOUNT DESC AMOUNT CD ABBV EMPLOYEE EMPLOYER DESC TAXABLE EMPLOYEE EMPLOYERLUMP 0.00 7,372.73 PER PERC 479.24 552.95 FED W/H 6,893.49 180.71 ST WH MN 6,893.49 80.47 FICA 7,372.73 457.11 457.11 MEDI 7,372.73 106.90 106.90