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cp10-27-20HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, OCTOBER 27, 2020 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER— 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — River of Hope (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15226 — Resolution Accepting $600.00 Donation from Walter & Lynne Clay for the Paved Trail Project Connecting the Luce Line Trail to the Law Enforcement Memorial Park (b) Resolution No. 15229 — Resolution Accepting a Donation of the "Seat of Sound" Sculpture PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to be recognized by the mayor— state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of October 13, 2020 CONSENT AGENDA (The items listedor consi eration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Resolution No. 15224 - Resolution to Activate Deferred Assessments (b) Consideration for Approval of Resolution No. 15225 — Resolution for Certification of Special Assessments from the City of Hutchinson to McLeod County Auditor (c) Consideration for Approval of Issuing Short -Term Gambling License to Crow River Cutters from November 1 — December 22, 2020, at Main Street Sports Bar (d) Consideration for Approval of Resolution No. 15227 — Resolution Adopting Findings of Fact and Reasons for Approval of a Preliminary and Final Plat for Hahn's Addition to Maryview CITY COUNCIL AGENDA October 27, 2020 (e) Consideration for Approval of Resolution No. 15228 — Resolution Adopting Findings of Fact and Reasons for Denial of Variance Application to Reduce the Side Yard Setback from Eight Feet to Six Feet on the Property Located at 1891 West Shore Drive SW (f) Claims, Appropriations and Contract Payments PUBLIC HEARINGS — 6:00 P.M. - NONE purpose o t is portion o t e agen a is to provi e t e ounci with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) UNFINISHED BUSINESS APPROVE/DENY ENTERING INTO PURCHASE AGREEMENT FOR 3RD AVENUE NW SITE (FORMER CENEX FERTILIZER PLANT) NEW BUSINESS 9. APPROVE/DENY AMENDED BYLAWS FOR HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION 10. APPROVE/DENY SETTING BUDGET WORKSHOP FOR NOVEMBER 24, 2020, AT 4:00 P.M. GOVERNANCE (T epurpose o t is portion of the agenda is to deal with organizational development issues, includingpolicies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 11. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS �a) City of Hutchinson Financial Report and Investment Report for September 2020 b) Hutchinson Housing & Redevelopment Authority Board Minutes from September 15, 2020 (c) Planning, Zoning, Building Department Quarterly Reports for 2020 MISCELLANEOUS 12. STAFF UPDATES 13. COUNCIL/MAYOR UPDATE ADJOURNMENT 2 CITY OF HUTCHINSON RESOLUTION NO. 15226 RESOLUTION ACCEPTING DONATIONS WHEREAS, the City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, the following persons or entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount Donation Date Walter & Lynne Clay $600.00 10/9/2020 WHEREAS, such donation has been contributed to the Hutchinson Police department towards the paved trail project connecting the Luce Line Trail to the Law Enforcement Memorial Park. WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donations described above are hereby accepted by the City of Hutchinson. Adopted by the City Council this 27th day of October 2020. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor HUTCHINSON CITY COUNCIL ci=y�f AFON Request for Board Action 7AL =-M Agenda Item: Accepting a Donation of the "Seat of Sound" Sculpture Department: Administration LICENSE SECTION Meeting Date: 10/27/2020 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Recognition of Gifts/Donations Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The City of Hutchinson has recently received an offer to donate the "Seat of Sound" Sculpture from artist Kelsey Wishik. Attached is a copy of the letter received by the City. It is the recommendation of the Public Arts Commission that the City accept this donation. The Public Arts Commission will be working with the Parks Department to determine the exact location of where the piece of art will be located. BOARD ACTION REQUESTED: Approve/Deny Resolution 15299- Accepting a Donation of a Sculpture Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Resolution No. 15229 RESOLUTION ACCEPTING DONATION OF PERSONAL PROPERTY WHEREAS, The City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and, WHEREAS, the following individual has offered to contribute real property set forth below to the City of Hutchinson: Name of Donor Item Kelsey Wishik "The Seat of Sound" Sculpture WHEREAS, the donation of the statute shall be placed at a public location with a specific set yet to be determined by the Parks Department and the Public Arts Commission; and WHEREAS, The City Council hereby finds that it is appropriate to accept the donation offered with the conditions noted above; and WHEREAS, the City Council would like to especially thank Kelsey Wishik for this gift. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, NHNNESOTA: THAT, the donation described above is hereby accepted by the City of Hutchinson with the conditions as laid out in the resolution. Adopted by the City Council this 27 h day of October 2020. Gary T. Forcier, Mayor Matthew Jaunich, City Administrator I HUTCHINSON I PUBLIC ARTS Dear City Council Members, October 21, 2020 I wanted to give some background information about the donation of the "Seat of Sound" sculpture. Kelsey Wishik is from Mississippi and displayed "Seat of Sound" as part of the 2018-2019 Sculpture Stroll. During that season Kelsey was honored to be selected to display some of her work as part of the "Heavy In Metal —Women to Watch 2018" exposition at the National Museum of Women in the Arts (NMWA). In the spring of 2019 Kelsey was offered a fellowship to study art in South America. As a result she was unable to pick up her piece at the end of the Sculpture Stroll season, but the parks department was willing to store the piece until she was able to come up. However, after coming back to the states Kelsey entered graduate school to continue her art studies and due to a variety of reasons has been unable to retrieve "Seat of Sound". In light of that Kelsey has generously offered to gift the piece to the city because she feels strongly that art should be enjoyed in public spaces. "Seat of Sound" is welded steel and is 63"H X 48"W X 24-1/2"D. "This piece was originally created for an invitational themed Art Exhibition, "Sound". It was one of the first sculptures in a continuing series of pieces embodying forces of Energy at work in the Universe. Sound, or vibration, is what all existence is comprised of at the fundamental level. "Seat of Sound" is meant to invite awe into this understanding by serving as a "Zoomed in" abstract musical note, or simple, "energy source". The Public Arts Commission recommends that the city accept "Seat of Sound" as a gift. The parks department has ideas for its permanent display along the Luce Line Trail and feels it will be a nice addition to the Sculpture Stroll. Sincerely, Steve Cook Public Arts Commission Chair & City Council Rep To The City of Hutchinson This is a formal letter serving to offer my steel sculpture "The Seat of Sound" as a gift to the City of Hutchinson. Though the difficulty of these times has created complications in my ability to travel to retrieve this work, but I am equally satisfied in offering it as a gift to a city that showed me great hospitality. The locals were especially kind during my visit, and I enjoyed my time on the Crow River. It is my hope that this gift will be received, and that this work can remain to serve as some sort of beacon of positivity. I do hope to make a return to your land in the near future, but until then, I wish you all and the city of Hutchinson well. Sincerely and with gratitude, Kelsey Wishik 10/21/2020 8d340f 44cfe8fbOb50426e9d53dfl7f9502406-mv2_d_2402_3881_s 4 2.webp (415x670) Ll https://static.wixstatic.com/media/8d340f 44cfe8fbOb5O426e9d53df17f9502406-mv2_d_2402_3881_s_4 2.png/vl/fill/w 415,h_670,a1_c,q 95,usm_0.... 1/1 HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, OCTOBER 13, 2020 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER— 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that item 12.5 will be added to the agenda to approve closing a city -owned parking lot for a coat distribution on October 27, 2020. In addition, Item 8 will be for discussion only and no action will be required. Motion by Cook, second by Christensen, to approve agenda with the additional items noted. Roll call vote was taken: Cook —aye; Czmowski —aye; Sebesta— aye; Christensen —aye; Forcier — aye. Motion carried unanimously. 2. INVOCATION — CrossPoint Church (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) PRESENTATION OF AWARDS OF EXCELLENCE — HUTCHINSON PARKS, RECREATION, COMMUNITY EDUCATION DEPARTMENT Tammy Lehn, George Lehn, Catherine Libor and Greg Huse of the Hutchinson Elks presented before the Council. The Elks group acknowledged the Award of Excellence the Parks Department received for the Elks inclusive playground project. In addition, it was noted that the PRCE Department had received an Award of Excellence from the Minnesota Recreation and Parks Association for the Master Plan. PUBLIC COMMENTS (T is is an opportunity or members qf the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to be recognized by the mayor— state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of September 22, 2020 (b) Workshop Meeting of September 22, 2020 Motion by Czmowski, second by Sebesta, to approve minutes as presented. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. CONSENT AGENDA CITY COUNCIL MINUTES October 13, 2020 (The items listed for consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed) 7. APPROVAL OF CONSENT AGENDA (a) Consideration for Approval of Resolution No. 15208 — Resolution to Sell at Auction Unclaimed Property (Bicycles) (b) Consideration for Approval of Resolution No. 15209 — Resolution to Sell at Auction Unclaimed Property (Miscellaneous Items Accumulated at Police Department) (c) Consideration for Approval of Resolution No. 15210 — Resolution to Appropriate Unclaimed Property for Police Department Use (d) Consideration for Approval of Change Order No. 1 — Letting No. 3, Project No. 20-03 (South Central Drainage Area Improvements Phase 2) (e) Consideration for Approval of Mosquito Control Contract with Clarke Environmental Mosquito Management, Inc. (f) Consideration for Approval of Items for 2021 Pavement Management Program — Letting No. 1, Proj ect No. 21-01 1. Resolution No. 15221 - Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 15222 - Resolution Receiving Report and Calling Hearing on Improvement (g) Consideration for Approval of Board Appointments/Reappointments 1. Dan Janssen to Planning Commission to March 2025 2. Reappointment of Tom Wirt to Planning Commission to March 2025 3. Kimberly Merwin to HRA Board to August 2025 (h) Claims, Appropriations and Contract Payments Items 7(e) and 7(f) were pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve Consent Agenda with the exception of the items noted above. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. Item 7(e) had further discussion. Council Member Cook noted that the board action form indicated that the contract was for $60,000, however within the contract it appears that the actual contract price is a bit less than that. John Olson, Public Works Manager, noted that the additional funds are to account for any extra applications that may take place throughout the year or other costs that may come up associated with the project. Motion by Cook, second by Christensen, to approve Item 7(e). Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. Item 7(f) had further discussion. Council Member Cook asked if there has been any further discussion about ash tree removals as part of this project. Kent Exner, City Engineer, noted that the city arborist has been provided the engineering department's plans and will be consulting with him on proper removals. Mr. Exner noted that staff will ask for residents input on trees in the neighborhood. Overall, no impact to trees is planned within the project. Council Member Cook expressed that he feels this is a good opportunity to remove ash trees where 2 CITY COUNCIL MINUTES October 13, 2020 needed since streets will be closed and a good opportunity to thin out the ash trees where they are more dense. Council Member Cook also asked if any additional sidewalks will be added as part of the project. Mr. Exner noted that very preliminary considerations have taken place. At this point, the only addition may be an extension on Merrill Street. Motion by Cook, second by Czmowski, to approve Item 7(f). Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. - NONE purpose o t is portion of the age n a is to provi e t e ounci with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) UNFINISHED BUSINESS NEW BUSINESS 8. APPROVE/DENY ENTERING INTO PURCHASE AGREEMENT FOR 3RD AVENUE NW SITE (FORMER CENEX FERTILIZER PLANT) Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that originally staff intended to be asking for approval of a purchase agreement for this site, however the developer contacted him earlier today and would like to work out a few more details. Therefore, instead, Mr. Seppelt will be providing an update on the proposed project itself. The site is located at 210 3rd Avenue NW where the former Cenex fertilizer plant used to be located. The developer would like to be considered first in line to purchase the lot since he will be doing much work on his due diligence process. The developer is interested in doing a "high -end" apartment project. Currently, the lot price is $351,329. If the sale is completed, the City would be repaid $150,000 that it contributed to the purchase of the lot in 2008. In order to make the proj ect a go, a housing TIF district will need to be created and a zoning change will be required. Mr. Seppelt noted that he plans to be back at the next Council meeting with a finalized purchase agreement for the Council to consider. 9. APPROVE/DENY ITEMS RELATED TO CARES ACT FUNDING (a) Approve/Deny the Rationale for the City's Use of CARES Act Monies (b) Approve/Deny Resolution 15223 Authorizing the Transfer of CARES Act Monies to HUC and HRA Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that in July the City received just over $1,000,000 in CARES Act monies. These monies are intended to reimburse the City for eligible expenditures related to the COVID-19 public health emergency. The US Treasury and State of Minnesota have stressed that cities must document the rationale for using CARES Act monies. Mr. Reid reviewed the documented rationale for the City's use of the CARES Act monies and noted that it will be provided to the auditors as they review the City's CARES Act expenditures. Mr. Reid also reviewed a financial summary of how CARES Act monies have been spent or committed. To date, the City has spent $552,723 with another $481,667 committed, for a total of $1,034,390. The balance of $39,962 will need to be committed/incurred by November 15, 2020, otherwise any remaining funds will be remitted to McLeod County. Some potential projects that been identified for the remaining funds include installation of touchless plumbing fixtures in City facilities, installing water bottle fillable 3 CITY COUNCIL MINUTES October 13, 2020 stations in various city facilities and buying furniture for the City Center breakroom that can be more easily cleaned and also provide for more social distancing. In addition, Mr. Reid presented a Resolution authorizing the transfer of CARES Act monies to Hutchinson Utilities Commission and the Housing & Redevelopment Authority for eligible expenditures incurred related to the COVID-19 public health emergency. HUC incurred certain costs such as PPE, cleaning supplies and a planned HVAC ionization improvement. The HRA would like to install the HVAC ionization component into its Park Towers facility. Motion by Sebesta, second by Cook, to and approve Resolution No. 15223. Roll call vote was taken: Czmowski — aye; Sebesta — aye; Christensen — aye; Cook — aye; Forcier — aye. Motion carried unanimously. Motion by Cook, second by Czmowski, approve rationale for the City's use of CARES Act monies. Roll call vote was taken: Czmowski — aye; Sebesta — aye; Christensen — aye; Cook — aye; Forcier — aye. Motion carried unanimously. 10. APPROVE/DENY MN/DOT AERONAUTICS GRANT FOR AIRPORT PAVEMENT MAINTENANCE John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that on August 11, 2020, the Council approved two airport projects — pavement maintenance and taxi lane construction. At that time, a work order for Bolton-Menk was approved for designing and administering the pavement maintenance project. Bolton-Menk solicited price quotations and received pricing from three vendors with the low price coming in from Fahrner Asphalt Sealers, LLC of Eau Claire, WI. The total project cost is $105,902.24 with the grant funding covering 70% of the project. Motion by Cook, second by Christensen, to approve Mn/DOT aeronautics grant for airport pavement maintenance. Roll call vote was taken: Czmowski — aye; Sebesta — aye; Christensen — aye; Cook — aye; Forcier — aye. Motion carried unanimously. 11. APPROVE/DENY ENGINEERING SERVICES AGREEMENT FOR WASTEWATER TREATMENT FACILITY HEADWORKS IMPROVEMENTS FINAL DESIGN Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that an engineering services agreement with Nero Engineering is before the Council for consideration. The agreement is to administer the final design effort associated with the proposed wastewater treatment facility headworks improvements project. The associated cost of this agreement between the City and Nero Engineering is in the not -to -exceed amount of $297,467.00. Eric Meester, Nero Engineering, presented before the Council. Mr. Meester spoke about the project and how the fees were developed as they are included in the agreement. Mr. Exner noted that the plan is to bid out the project in late winter. Motion by Czmowski, second by Sebesta, to approve engineering services agreement for wastewater treatment facility headworks improvements final design. Roll call vote was taken: Czmowski — aye; .19 CITY COUNCIL MINUTES October 13, 2020 Sebesta — aye; Christensen — aye; Cook — aye; Forcier — aye. Motion carried unanimously. 12. APPROVE/DENY SETTING SPECIAL MEETING TO CANVASS ELECTION RESULTS Matt Jaunich, City Administrator, explained that the Council must canvass the general election results on either November 12 or November 13, 2020. Motion by Christensen, second by Czmowski, to approve setting special meeting to canvass election results for November 13, 2020, at 9:00 a.m. at the City Center. Roll call vote was taken: Czmowski — aye; Sebesta — aye; Christensen — aye; Cook — aye; Forcier — aye. Motion carried unanimously. 12.5 APPROVE/DENY TEMPORARY CLOSURE OF CITY PARKING LOT FOR COAT DISTRIBUTION Police Chief Tom Gifferson presented before the Council. Chief Gifferson explained that Common Cup will be conducting a winter coat distribution between the hours of 11:00 a.m. and 5:00 p.m. on October 27, 2020. Common Cup is requesting to have Municipal Lot B closed during the distribution to allow individuals to stage for the event while remaining in their vehicles to respect COVID-19 protocols. Motion by Cook, second by Forcier, to approve temporary parking lot closure on October 27, 2020, for coat distribution. Roll call vote was taken: Czmowski — aye; Sebesta — aye; Christensen — aye; Cook — aye; Forcier — aye. Motion carried unanimously. GOVERNANCE (T epurpose o t is portion of the agenda is to deal with organizational development issues, includingpolicies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 13. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS �a) Economic Development Authority Board Minutes from August 26, 2020 b) Hutchinson Utilities Commission Meeting Minutes from July 29, 2020 �c) Hutchinson Utilities Commission Special Meeting Minutes from August 6, 2020 d) Tall Grass Enforcement Report for August and September 2020 (e) Liquor Hutch Quarterly Report MISCELLANEOUS 14. STAFF UPDATES John Olson — Mr. Olson spoke about properly placing leaves for the leaf vacuuming services. Mr. Olson explained that long skinny rows are the best and not placing them on corners or at least placing them away from the edges of corners. He also reminded residents to not place the rows into the street until the night before the leaf vacuuming service. Tim Gratke — Mr. Gratke spoke about a power outage that occurred at the plant last week and thanked all staff members for their work in getting things up and running. He also noted that the plant received an excellence award from the MPCA for 2019. Mr. Gratke also reminded residents not to flush items down the toilet that should not be, such as needles and pharmaceuticals. Tom Gifferson — Chief Gifferson spoke about a speed trailer that was recently purchased and placed on School Road. Police staff is still working on interpreting the data that the trailer collects, however it appears that 150-200 vehicles pass on the roadway per day. The trailer will be relocated throughout the community. Chief Gifferson also explained that a "Take it to the Box" container is located at the police department for old, discarded prescriptions. Used needles are recommended to be disposed of in old 5 CITY COUNCIL MINUTES October 13, 2020 laundry detergent containers and then thrown away, otherwise there are designated needle disposal sites at various locations. Kent Exner — Mr. Exner noted that Patrice VanderVeen retired officially yesterday after 43 years of service to the City and engineering department. He also provided a Hwy 15/Main Street update and noted that the signal system is being cleaned up along with other punch list items and hopefully the street will be opened up next Monday, October 19, 2020. Exner noted that a sanitary sewer service had to be dug up yesterday on the northwest corner of Washington Avenue and will be repaired. The VFW alley is complete. The South Central Drainage Area project near the Recreation Center is going very well. The Hwy 7/Montana HAWK crossing system is still being worked through with MnDOT and he noted an additional $100,000 in funding was received for the project. Council Member Cook informed Exner that the lake restoration project is in the House and Senate bill for $3.1 million. 15. COUNCIL/MAYOR UPDATE Steve Cook — Council Member Cook asked for an update on the Rec Center roof Mr. Jaunich noted that the last information he had received was that there was some dispute on roof materials used but that has been resolved and work should be completed soon. It was also noted that there had been some supply chain issues as well that had caused some delays. ADJOURNMENT Motion by Sebesta, second by Cook, to adjourn at 7:25 p.m. Roll call vote was taken: Czmowski — aye; Sebesta — aye; Christensen — aye; Cook — aye; Forcier — aye. Motion carried unanimously. on RA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Resolution 15224 - Activation of Deferred Assessments Agenda Item: (Assessment Rolls SA5059/SA5059A/SA5093A) Department: Finance LICENSE SECTION Meeting Date: 10/27/2020 Application Complete N/A Contact: Justin Juergensen Agenda Item Type: Presenter: Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 1 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: These deferred assessments, as shown on Resolution 15224, are being activated. The assessments for rolls SA5059 & SA5059A are being activated as they were for a "Senior Citizen Deferral" property that has been sold. The deferral for the assessment on roll SA5093A has expired as the original terms for the deferral were "Deferred for a period of 10 years or until hookup occurs, whichever occurs first." City Staff requests that the City Council approve Resolution 15224 for activation of these assessments. BOARD ACTION REQUESTED: Approval of Resolution 15224 activating deferred assessments. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A CITY OF HUTCHINSON RESOLUTION NO. 15224 RESOLUTION ACTIVATING DEFERRED ASSESSMENT ASSESSMENT ROLLS SA5059/SA5059A/SA5093A WHEREAS, the following properties have assessments in deferred status: SA Roll City PID County PID Interest Rate Original Assmt Accrued Interest Activation Amount SA5059 07-116-29-08-0050 23.230.0190 4.38% $ 3,312.50 $ 2,533.87 $ 5,846.37 SA5059A 07-116-29-08-0050 23.230.0190 4.38% $ 10,082.00 $ 7,712.15 $ 17,794.15 SA5093A 06-116-29-03-0010 23.050.0310 4.00% $ 5,420.00 $ 2,204.13 $ 7,624.13 AND WHEREAS, the deferral period has expired AND WHEREAS, the City proposes to activate said assessment, with payments over a ten year period at the original interest rate or 5%, whichever is less, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed activation of said assessments is hereby approved, and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amounts 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, 2021 and shall bear interest at the per annum rate shown above as set down by the adoption of this resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2020; and owner may, at any time thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to the 31 st day of December, 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 City Council this 27th day of October 2020. ATTESTED: Matthew Jaunich, City Administrator APPROVED: Gary T. Forcier, Mayor RA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Resolution 15225 - Special Assessment Certification to McLeod County Agenda Item: Department: Finance LICENSE SECTION Meeting Date: 10/27/2020 Application Complete N/A Contact: Justin Juergensen Agenda Item Type: Presenter: Reviewed by Staff Consent Agenda Time Requested (Minutes): 1 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Attached is the annual certification of special assessments to be sent to McLeod County for collection in 2021. The list includes the current year of each assessment roll along with delinquent Water & Sewer utility bills and/or weed removal bills. The special assessment dollars collected in 2021 will be recorded in the appropriate debt fund and used to pay the 2021 debt service on the City's bonded debt. BOARD ACTION REQUESTED: Approve Resolution 15225 for special assessments to be certified to McLeod County for collection in 2021. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A RESOLUTION NO. 15225 RESOLUTION FOR CERTIFICATION OF SPECIAL ASSESSMENTS FROM THE CITY OF HUTCHINSON TO MCLEOD COUNTY AUDITOR BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MN; This is to certify that the following embraces all unpaid assessments levied by the City Council of Hutchinson, MN under Minnesota Statutes, Chapter429, various assessments of the City of Hutchinson, to be levied and assessed upon the properties as listed on the "Exhibit A" for the following purposes for the current year and as required under Minn. Stat. § 429.061, a copy of this Resolution along with the attached "Exhibit A" shall be provided to the McLeod County Auditor Installment Term SA# Yea r Payoff Balance Project Description Jefferson St SE & Jefferson Ct SE - 10th Ave NE & future extension of 10th Ave NE to the East - SM/SS/W/ST - 9 10 5059H 2O12 $ 19,139.20 L9P02-18 Activated 10/09/2012 Jefferson St SE & Jefferson Ct SE to Toronto Ave SE - 9 9 5070B 2012 $ 7,893.58 L3PO4-03 SM/SS/W/ST - Activated 2012 Activation of 2006 deferred assessment for TH 7/15/22 5 10 5079G 2006 $ 17,498.55 UP06-01 - SM/SS/W/ST 2011 Pavement Mgmt- James, Kouwe, Water- 10 10 5096 2011 $ 22,269.83 L3P11-04 SM/SS/W/ST REHAB Activation of deferred assessments & unpaid water 3 10 5096C/D 2018 $ 19,077.20 Multiple bills (2011-2017) at 455 & 465 Water St NW 10 10 5097 2011 $ 15,999.03 UP11-01 School Rd NW - ST 10 10 5098 2011 $ 3,936.00 L2P11-02/P11-03 Indust Blvd SE - ST RECONST & Energy Pk - WEAR 2011 Pavement Mgmt - Phase 2 - Jackson & Roberts - 10 10 5099 2011 $ 15,736.19 L4P11-05 ST REHAB 10 10 5100 2011 $ 89,279.17 L5P11-06 Plaza 15 Parking Lot - ST 2012 Pavement Mgmt - Ash, Oak, Maple, TH 15 Service 9 10 5101 2012 $ 35,659.54 L3P12-04 Rd #1, 11th Ave NE, Northwoods Ave - ST 9 10 5102 2012 $ 43,667.46 UP12-01 5th Ave NW - SS/W/ST Les Kouba Pkwy - Montana to Lind & Lind St - Les 9 10 5103 2012 $ 10,527.49 L8P12-09 Kouba Pkwy to 3rd Ave - ST 2013 Pavement Mgmt - Grove St SW, Brown St SW, Glen St SW, Franklin St SW, Division Ave SW - ST 8 10 5104 2013 $ 34,786.07 L3P13-03 OVERLAY/REHAB 8 10 5105 2013 $ 74,230.36 UP13-01 Jefferson St SE - Washington to Oakland - SS/W/ST 2013 Pavement Mgmt - CO#2 - Milwaukee & Miller - ST 8 10 5107 2013 $ 806.40 L3P13-03 OVERLAY/REHAB Lynn Rd SW - Washington to Clinton - ST 7 10 5108 2014 $ 28,268.56 L2P14-02 OVERLAY/REHAB 7 10 5109 2014 $ 107,221.73 UP14-01 Jefferson St SE - Oakland to Century - SM/SS/W/St 2014 Pavement Mgmt - Dale, TH 15 Service Rd, Freemont, Lynn, Michael Ct NW, HHC Parking Lot - ST 7 10 5110 2014 $ 28,522.03 L3P14-03 MILL/OVERLAY/RECLAIM 2015 Pavement Mgmt - Shady Ridge Rd N W & Golf 6 10 5111 2015 $ 16,728.00 L3P15-03 Course Rd NW - SM/SS/W/ST 6 10 5112 2015 $ 64,021.50 UP15-01 2nd Ave SE - Main to Bridge - SM/ST 2016 Pavement Mgmt—Linden, Madson, Milwaukee, 5 10 5113 2016 $ 200,675.03 UP16-01 Church, West Shore — W/SS/SM School Rd SW & Roberts Rd SW Reconstruction - ST 4 10 5115 2017 $ 29,924.37 L2P17-02 RECONST/RECLAIM Alley #52 - Alley south of 5th Ave SE between Jefferson 4 5 5117 2017 $ 7,143.17 L14P17-14 St SE & Adams St SE - G/STM/CC/BP Century Ave SE Reconstruction - 3 10 5118 2018 $ 58,083.04 L1P18-01 G/GB/CG/SM/SS/WM/ST Alley#17 - Alley from Milwaukee Ave SW to Miller Ave 3 10 5119 2018 $ 27,269.91 UP18-07 SW (Between Glen St & Franklin St) 2018 Pavement Mgmt - Northwoods Ave NE, 11th Ave 3 10 5120 2018 $ 167,236.26 L4P18-04 NE, Spruce St NE 2 10 5121 2019 $ 150,323.43 UP19-01 5th Ave S Reconstruction - Lynn Rd to Bridge 2 10 5122 2019 $ 377,685.82 L6P19-06 TDK/Uponor Public Roadway Construction 2 10 5123 2019 $ 123,494.51 L2P19-02 South Grade Rd Reconstruction - Dale St to TH15 1 10 5093E 2020 $ 7,624.13 UP10-01 Adams St & Washington Ave E - SM/SS/W/ST 1 10 50591 2020 $ 23,640.52 L9P02-18 Jefferson Street SE - SM/TSS/TL/WM/ST BE IT FURTHER RESOLVED That the following unpaid water, sewer, weed cutting, snow removal and tree removal bills to be certified to the McLeod County Auditor for collection with 2021 taxes. City Property ID Address Payoff Balance County PID # 31-117-29-14-0180 245 1ST AVE NW $113.90 23.079.0120 06-116-29-04-0090 145 1ST AVE SW $150.12 23.050.0780 06-116-29-03-0740 145 2ND AVE SE $49.36 23.050.1350 06-116-29-05-0750 216 5TH AVE SW $98.80 23.053.0020 12-116-30-06-0370 1179 BLACKHAWK DR SW $106.43 23.444.0250 07-116-29-03-0620 1066 BRADFORD ST SE $74.70 23.160.0450 06-116-29-12-0210 540 BROWN ST SW $836.78 23.143.0310 06-116-29-12-0990 715 BROWN ST SW $179.71 23.145.0590 06-116-29-12-0970 735 BROWN ST SW $184.28 23.145.0570 07-116-29-07-0021 92 CENTURY AVE SE $54.46 23.228.0025 07-116-29-11-1650 117 EAU CLAIRE AVE SE $82.00 23.466.0750 06-116-29-05-0770 516 FRANKLIN ST SW $74.16 23.050.4400 06-116-29-11-0090 585 FRANKLIN ST SW $34.56 23.143.0080 06-116-29-12-0730 626 FRANKLIN ST SW $77.28 23.145.0230 06-116-29-12-0750 646 FRANKLIN ST SW $97.75 23.145.0250 06-116-29-12-0840 736 FRANKLIN ST SW $748.48 23.145.0440 06-116-29-12-0850 746 FRANKLIN ST SW $106.43 23.145.0450 31-117-29-14-0070 46 GLEN ST NW $158.54 23.079.0010 06-116-29-04-0340 135 GLEN ST SW $132.70 23.050.0980 06-116-29-05-0600 520 GLEN ST SW $69.60 23.053.0040 06-116-29-12-0110 540 GLEN ST SW $12.97 23.143.0210 06-116-29-12-0640 636 GLEN ST SW $694.09 23.145.0140 06-116-29-12-0940 736 GLEN ST SW $135.42 23.145.0540 07-116-29-07-0770 425 GRANT AVE SE $736.60 23.455.0570 06-116-29-04-0530 228 GROVE ST SW $359.23 23.050.2470 06-116-29-05-0030 316 GROVE ST SW $5.43 23.050.2520 06-116-29-12-0260 593 GROVE ST SW $504.58 23.143.0360 06-116-29-06-0410 406 HASSAN ST SE $103.32 23.050.3870 06-116-29-06-0710 504 HASSAN ST SE $309.42 23.050.4650 06-116-29-06-0750 546 HASSAN ST SE $206.94 23.050.4690 06-116-29-14-0160 996 HASSAN ST SE $142.48 23.154.0330 07-116-29-04-0060 1047 HWY 15 S $15.76 23.214.0010 07-116-29-02-0310 1105 JORGENSON ST SE $169.41 23.159.0070 06-116-29-11-0370 557 MAIN ST S $497.74 23.147.0270 06-116-29-11-0650 625 MAIN ST S $160.41 23.149.0040 06-116-29-11-0900 735 MAIN ST S $31.99 23.149.0360 07-116-29-02-0341 112 OAK LN SE $208.96 23.224.0090 07-116-29-09-0130 415 OTTAWA AVE SE $86.96 23.451.0210 07-116-29-03-0210 1045 SHERWOOD ST SE $188.57 23.160.0040 07-116-29-10-0180 1339 SHERWOOD ST SE $272.88 23.445.0290 07-116-29-07-0640 211 SUMMERSET LN SE $78.28 23.441.0030 01-116-30-01-0640 647 2ND AVE SW $51.42 23.112.0470 01-116-30-01-0820 700 2ND AVE SW $125.87 23.112.0650 01-116-30-02-0230 815 2ND AVE SW $104.35 23.114.0080 01-116-30-08-0340 535 4TH AVE SW $13.00 23.112.0920 01-116-30-08-0360 5414TH AVE SW $52.42 23.112.0950 01-116-30-08-0440 6214TH AVE SW $267.56 23.112.1170 01-116-30-08-0871 686 5TH AVE SW $254.36 23.124.0210 01-116-30-08-0730 687 5TH AVE SW $406.54 23.174.0060 02-116-30-15-0030 1526 9TH AVE SW $79.36 23.472.0080 02-116-30-14-0630 1566 9TH AVE SW $173.28 23.472.0030 12-116-30-08-0020 705 ATLANTA AVE SW $222.99 23.316.0020 01-116-30-05-0700 309 BOULDER ST SW $41.90 23.336.0850 01-116-30-16-0430 835 CHURCH ST SW $661.10 23.133.0070 01-116-30-16-0600 905 CHURCH ST SW $130.46 23.133.0240 01-116-30-16-0600 614 CLINTON AVE SW $110.77 23.133.0240 01-116-30-02-0370 214 DALE ST SW $156.43 23.116.0100 01-116-30-10-1020 600 DALE ST SW $72.20 23.196.0110 01-116-30-10-1110 700 GOEBEL ST SW $50.00 23.137.0060 01-116-30-01-0240 531 HARMONY LN SW $71.76 23.112.0140 01-116-30-10-0420 684 HARRINGTON ST SW $127.74 23.176.0020 02-116-30-09-0610 565 HARVEST ST SW $446.51 23.141.0170 10-116-30-08-0760 1847ISLAND VIEW CIR SW $9.14 23.454.0070 10-116-30-08-0750 1855 ISLAND VIEW CIR SW $9.14 23.454.0060 01-116-30-08-1080 509 JUUL RD SW $88.04 23.169.0130 01-116-30-08-1310 596 JUUL RD SW $373.02 23.169.0360 02-116-30-08-0160 1235 LAKEVIEW LN SW $106.40 23.364.0050 02-116-30-08-0130 1265 LAKEVIEW LN SW $627.31 23.364.0020 02-116-30-09-0120 500 LAKEVIEW LN SW $520.15 23.358.0010 02-116-30-09-0170 560 LAKEVIEW LN SW $126.74 23.360.0080 02-116-30-11-0140 555 LAKEWOOD DR SW $195.68 23.372.0170 01-116-30-04-0010 1119 LEWIS AVE SW $88.04 23.198.0120 City Property ID Address Payoff Balance County PID # 01-116-30-04-0130 1213 LEWIS AVE SW $83.70 23.336.0150 01-116-30-07-0470 824 LEWIS AVE SW $100.88 23.120.0080 O1-116-30-07-0560 966 LEWIS AVE SW $634.65 23.172.0070 01-116-30-09-0801 509 LINDEN AVE SW $99.80 23.130.0090 01-116-30-09-0900 545 LINDEN AVE SW $120.32 23.130.0200 01-116-30-16-0020 550 LINDEN AVE SW $398.90 23.162.0020 O1-116-30-09-0020 564 LYNN RD SW $64.71 23.112.1630 01-116-30-09-0310 612 LYNN RD SW $765.17 23.112.1710 06-116-29-12-0490 619 LYNN RD SW B $115.98 23.144.0080 01-116-30-16-0060 830 LYNN RD SW $107.30 23.162.0060 O1-116-30-09-0200 534 MADSON AVE SW $355.14 23.167.0410 01-116-30-09-0380 642 MADSON AVE SW $105.22 23.167.0200 O1-116-30-09-0420 688 MADSON AVE SW $86.06 23.167.0240 01-116-30-10-0150 736 MADSON AVE SW $8.26 23.112.1480 O1-116-30-09-0940 725 MERRILL ST SW $108.85 23.131.0030 01-116-30-09-0300 547 MILWAUKEE AVE SW $164.47 23.112.1720 O1-116-30-09-0520 572 MILWAUKEE AVE SW $104.37 23.167.0450 01-116-30-09-0560 630 MILWAUKEE AVE SW $186.94 23.167.0490 O1-116-30-10-1060 945 MILWAUKEE AVE SW $73.94 23.137.0010 01-116-30-07-0790 935 OSGOOD AVE SW $95.67 23.180.0110 10-116-30-01-0750 1061 PRAIRIE VIEW DR SW $109.56 23.423.0580 10-116-30-08-0200 1185 PRAIRIE VIEW DR SW $116.98 23.427.0080 O1-116-30-08-0240 390 WEST PISHNEY LN SW $292.92 23.184.0160 01-116-30-11-0280 1020 ROBERTS RD SW $718.46 23.192.0140 10-116-30-01-1090 1840 SCENIC HEIGHTS CT SW $551.72 23.435.0150 12-116-30-02-0080 890 S GRADE RD SW $311.92 23.389.0010 12-116-30-02-0450 1220 SUNSET ST SW UNIT 6 $19.64 23.421.0020 31-117-29-11-0500 45 4TH AVE NW $185.02 23.056.1290 31-117-29-11-0580 974TH AVE NW $92.38 23.071.0010 31-117-29-11-0740 1344TH AVE NW $306.42 23.056.2180 31-117-29-10-0540 46 5TH AVE NE $93.20 23.056.1450 31-117-29-10-0520 80 5TH AVE NE $113.87 23.056.1420 31-117-29-10-0140 1415TH AVE NE $64.71 23.056.0520 31-117-29-10-0150 145 5TH AVE NE $73.94 23.056.0530 31-117-29-09-1120 216 5TH AVE NE $513.98 23.056.1800 31-117-29-09-0390 107 6TH AVE NE $377.59 23.058.0070 31-117-29-09-0380 115 6TH AVE NE $58.84 23.090.0110 36-117-30-07-1200 8907TH AVE NW $89.94 23.442.0280 36-117-30-07-0800 9707TH AVE NW $94.46 23.436.0230 31-117-29-02-0520 3410TH AVE NE $130.10 23.104.0050 31-117-29-02-0400 115 LOTH AVE NE $62.50 23.106.0400 31-117-29-02-0370 145 10TH AVE NE $79.36 23.106.0370 25-117-30-14-0540 111013TH AVE NW $71.86 23.458.0020 25-117-30-14-0200 114013TH AVE NW $223.52 23.289.0040 06-116-29-07-0130 325 ADAMS ST SE $123.38 23.050.3090 06-116-29-07-0610 415 ADAMS ST SE $109.54 23.050.3730 06-116-29-07-0650 426 ADAMS ST SE $67.88 23.050.3770 06-116-29-07-0870 511 ADAMS ST SE $111.98 23.050.5130 06-116-29-07-0740 554 ADAMS ST SE $348.54 23.050.5000 06-116-29-10-0240 561 ADAMS ST SE $43.24 23.139.0220 31-117-29-09-0770 504 BLUFF ST NE $502.07 23.084.0040 31-117-29-09-0770 514 BLUFF ST NE $291.62 23.084.0040 31-117-29-09-0600 535 BLUFF ST NE $246.10 23.056.0260 36-117-30-11-0340 465 CALIFORNIA ST NW $72.71 23.310.0190 36-117-30-11-0330 485 CALIFORNIA ST NW $11.83 23.310.0180 36-117-30-11-0350 487 CALIFORNIA ST NW $75.00 23.312.0010 36-117-30-06-0430 605 CALIFORNIA ST NW $761.26 23.300.0370 36-117-30-06-0310 791 CALIFORNIA ST NW $547.68 23.300.0250 31-117-29-10-0870 554 CARLISLE ST NE $48.08 23.086.0200 36-117-30-06-0480 1138 CAROLINA AVE NW $124.66 23.300.0420 36-117-30-06-1071 1145 CAROLINA AVE NW $28.22 23.306.0050 31-117-29-07-0950 209 COLLEGE AVE NE $366.36 23.088.0400 31-117-29-07-1100 246 COLLEGE AVE NE $438.54 23.088.0550 35-117-30-16-0480 308 CONNECTICUT ST NW $145.46 23.270.0100 02-116-30-01-0040 1316 DELAWARE ST NW $160.90 23.330.0060 02-116-30-02-0011 1330 DELAWARE ST NW $40.00 23.002.0150 31-117-29-07-0150 845 ELM ST NE $255.44 23.101.0090 06-116-29-02-0460 206 ERIE ST SE $308.19 23.050.1770 06-116-29-07-0420 405 ERIE ST SE $19.64 23.050.3540 06-116-29-07-0910 526 ERIE ST SE $152.56 23.050.5170 31-117-29-11-0230 430 GLEN ST NW $105.17 23.056.1120 36-117-30-07-0030 920 GOLF COURSE RD NW $106.40 23.322.0010 32-117-29-12-0200 465 HWY 7 E $76.60 23.246.0100 32-117-29-14-0060 524 HWY 7 E $36.21 23.248.0070 33-117-29-13-0020 16919 HWY 7 E $99.10 23.033.0400 36-117-30-14-0040 1115 HWY 7 W 2 $53.70 23.036.0600 36-117-30-09-0040 755 HWY 7 W $58.26 23.036.2600 City Property ID Address Payoff Balance County PID # 32-117-29-14-0530 530 HILLTOP DR NE $72.94 23.253.0045 32-117-29-14-0532 534 HILLTOP DR NE $278.71 23.253.0040 32-117-29-14-0565 564 HILLTOP DR NE $93.84 23.253.0075 31-117-29-10-0590 475 MAIN ST N $208.98 23.056.1500 31-117-29-10-0320 527 MAIN ST N $9.14 23.063.0040 31-117-29-07-0410 805 MAIN ST N $235.44 23.232.0010 31-117-29-08-0270 765 MAPLE ST NE $117.19 23.090.0330 31-117-29-07-1160 99 MCLEOD AVE NE $134.37 23.088.0610 06-116-29-02-0160 106 MONROE ST SE $91.00 23.050.1420 06-116-29-02-0510 245 MONROE ST SE $215.26 23.050.1830 06-116-29-02-0600 246 MONROE ST SE $83.04 23.050.1920 06-116-29-07-1010 505 MONROE ST SE $102.09 23.050.5270 06-116-29-07-0980 523 MONROE ST SE $114.87 23.050.5240 32-117-29-14-0710 140 MORNINGSIDE DR NE $135.60 23.253.0220 32-117-29-14-0720 141 MORNINGSIDE DR NE $184.40 23.253.0230 30-117-29-15-0020 55 N HIGH DR NE $68.60 23.238.0080 36-117-30-02-0270 900 N HIGH DR NW $2,283.72 23.309.0030 31-117-29-08-0500 405 NORTHWOODS AVE NE $225.88 23.090.0560 31-117-29-07-0830 735 OAK ST NE $516.66 23.088.0280 31-117-29-07-0510 840 OAK ST NE $227.50 23.232.0090 31-117-29-07-0490 860 OAK ST NE $937.78 23.232.0070 31-117-29-10-0470 456 PROSPECT ST NE $341.82 23.056.1370 31-117-29-10-0260 524 PROSPECT ST NE $41.56 23.056.0600 31-117-29-08-0380 815 SPRUCE ST NE $212.62 23.090.0440 36-117-30-10-0310 803 TEXAS CT NW $105.22 23.468.0200 31-117-29-08-0820 715 WALNUT ST NE $149.44 23.244.0180 31-117-29-12-0270 430 WATER ST NW $72.68 23.056.0840 $35,945.05 Total Utility Billing to Assess Adopted by the Hutchinson City Council this 27th day of October 2020. Gary Forcier, Mayor Matt Jaunich, City Administrator HUTCHINSON CITY COUNCIL Request for Board Action Approve/Deny Issuing Short Term Gambling License to Crow River Cutters Agenda Item: Department: Administration LICENSE SECTION Meeting Date: 10/27/2020 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff M Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Crow River Cutters of the National Wild Turkey Federation, a nonprofit organization, has submitted a short-term gambling license application into administration for review and processing. The application is for an event the organization is holding from November 1 - December 22, 2020, at Main Street Sports Bar. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve Issuing Short Term Gambling License to Crow River Cutters Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A G 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151 Fax: (320) 2344240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance Chapter 114 and Minnesota Statutes Chapter 349 All applications are to be received at least 3. 0 days before event in order to be considered licatian T e C Short Term Date(s) 1 I 10 1 - / 2 2Z ZO Fee: Month/Da /Year-Mon£h/Da /Year it anization Information C " w AkVoC. C%; LZ Name $30.00 nil. i Z44 1 of ►z 3zo 5U 3 I3rtc'- Phone Number 15 -N)A i 0% '---009E6'C P 0 i7TC''r tojw 551�2'10 Address where regular meeting are held City State zip Federal or State ID: 5 Z " —No Ll on S Day and time of meetings? 15�4 -rvkjb 1h� Or iltilo k Is this organization organized under the laws of the State of Minnesota? Ayes ❑ no How long has the organization been in existence? VL 77 ow may members in the organization? /5ZD What is the purpose of the organization? Ctf&A-(e q&.)ky, In whose custody will organization records be kept? tit 1o'>l, � L.0e 5ZO Name Phone Number -ILL-4 17. aL 1 i i_b406. e� i10 Address Authorized Officer of the Organization information $Atel"OL- �Dc True Name -t57 SW1. P-600 - Sv,) Residence Address LA 7 Ctt t oo . . State zip o 6-5Z5 3"75 Phone Number jq" j6s9b City State zip Date of Birth: D6 / ZZ / 19 6c( Place of Birth: JE 1 L l v?vti.� C_ZP `j-1 Month/day/year City State Have you ever been convicted of any crime other than a traffic offense? If yes, explain: p iDTo.Iuwk) "? ❑ yes )kno City of Hutchinson Application for Gambling Devices License Page 2 of 3 M, under Minnesota Statute "le'~L WE 32o%S i3"I True Name Phone Number Residence Address City State Zip Date of Birth: og / 2" Z / lCi4cC;, Place of Birth: 146i U $o'-G Month/dayfyear City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes `T&no If yes, explain: How long have you been a member of the organization? Game Information Location #1 ass 6 Name of location where game will be played 3ZO 96-1- 2-7LO Phone Number 116 fAikj,u -�P-ZeT N H-jvt-ririse, K44 553'su Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: ?,D through 1Zt ZZ 1j Zn � AM_ Hours of the day gambling devices will be used: From PM To Maximum number of player: W V Will prizes be paid in money or merchandise? ❑ money Umerchandise Will refreshments be served during the time the gambling devices will be used? yes ❑ no If yes, will a charge be made for such refreshments? yes ❑ no Game Information Location #2 Name of location where game will be played Address of location where game will be played Phone Number City State Zip Date(s) and/or day(s) gambling devices will be used: through AM Hours of the day gambling devices will be used: From pM To Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? If yes, will a charge be made for such refreshments? ❑ yes ❑ no ❑ yes ❑ no ON City of Hutchinson Application for Gambling Devices License Page 3 of 3 Officers of the Or atuzation (i f necessag list additional names on s, Name Residence Address Name Title lid,Q City State Title Zip S6t LL4,0o 553235 Residence Address City State Zip Title Name L� Residence Address City Zip State Officers or Other Persons Paid for Services Information (il necessarv, list additional names on separate sheet) Title Name City Zip State Residence Address Title Name State Zip Residence Address City Title Name zip State Residence Address City Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager ��s ❑ no /��� Authorized Officer Yyes O no AC4-- Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. Signature o authorized officer of organization Date Signature ofgambling manager of organization Internal Use Date City Council 13 approved ❑ denied Notes: HUTCHINSON CITY COUNCIL Request for Board Action Consideration of a Preliminary and Final Plat for Hahn's Addition to Maryview Agenda Item: Department: Planning LICENSE SECTION Meeting Date: 10/27/2020 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff M Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The applicant is requesting a preliminary and final plat to reconfigure two lots on Lakewood Drive SW. There is a large easement for a stormwater pipe that necessitates the lot lines being adjusted. Nobody from the public spoke regarding this request, nor did the applicant. Staff recommended approval of this request to the Planning Commission and the Planning Commission unanimously recommended approval of the request. BOARD ACTION REQUESTED: Approval of Preliminary and Final Plat. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15227 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A PRELIMINARY AND FINAL PLAT FOR HAHN' S ADDITION TO MARYVIEW. FACTS Vernon and Anne Hahn are the owners of 880 Lakewood Drive SW (Lots 8, 9, and 10 Maryview Addition); and, 2. The subject property is legally described as: Lot 10, Maryview, according to the recorded plat thereof. Also, that part of Lot 9 of said Maryview described as follows: Beginning at the northeasterly corner of said Lot 9; thence southwesterly, along the southeasterly line of said Lot 9 a distance of 5.00 feet; thence northwesterly, parallel with the northeasterly line of said Lot 9 about 201 feet to the shoreline of Otter Lake; thence northeasterly, along said shoreline to the intersection with said northeasterly line of Lot 9; thence southeasterly, along said northeasterly line of Lot 9 about 200 feet to the point of beginning. 3. Vernon and Anne Hahn have applied for a one lot preliminary and final plat, located at 880 Lakewood Dr SW, Hutchinson, MN, to be known as Hahn's Addition to Maryview. 4. The Planning Commission met on October 20, 2020 and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request subject to the following findings and conditions: a. The final plat shall be recorded with the McLeod County Recorder's Office within 270 days of approval. 5. The City Council of the City of Hutchinson reviewed the request at its meeting on October 27, 2020 and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the preliminary and final plat of Hahn's Addition to Maryview subject to the following findings and conditions: The final plat shall be recorded with the McLeod County Recorder's Office within 270 days of approval. APPLICABLE LAW 6. The preliminary and final plat request meets the following standards as required in Sections 153.36 andl53.50 of the City of Hutchinson Municipal Code. CONCLUSIONS OF THE LAW 7. The requested plat is consistent with the comprehensive plan and applicable ordinances. Findings of Fact — Resolution # 15227 Hahn's Addition to Maryview Preliminary and Final Plat Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the preliminary and final plat for Hahn's Addition to Maryview are approved Adopted by the City Council this 27th day of October, 2020. ATTEST: Matthew Jaunich City Administrator Gary T. Forcier Mayor DIRECTORS REPORT -PLANNING DEPARTMENT ............... To: Hutchinson Planning Commission From: Dan Jochum, AICP and City of Hutchinson Planning Staff Date: October 15, 2020 for October 20, 2020, Planning Commission Meeting Application: Consideration of a one lot preliminary and final plat of Hahn's Addition to Maryview Applicant: Vernon and Anne Hahn PRELIMINARY AND FINAL PLAT OF HAHN' S ADDITION TO MARYVIEW The applicant is requesting a preliminary and final plat to reconfigure two lots on Lakewood Drive SW. There is a large easement for a stormwater pipe that necessitates the lot lines being adjusted. Preliminary and Final Plat Hahn's Addition to Maryview Planning Commission—10/20/20 Page 2 GENERAL INFORMATION Existing Zoning: R-1 Property Location: 880 Lakewood Drive SW Existing Lot Size: 1.42 acres Proposed Lot Size: 20,700 square feet Existing Land Use: Single Family Homes Adjacent Land Use And Zoning: Residential. R1 Zoning Comprehensive Land Use Plan: Low Density Residential Neighborhood Zoning History: This property was originally platted in 1963. Applicable Regulations: Sections 153.36 and 153.50 of the City Code Preliminary and Final Plat: This plat encompasses lot 10 of the previous plat, as well as a five-foot piece of lot 9 that is a remnant parcel between the two lots. The new lot will be 105 feet wide and about 200 feet deep. This lot meets the requirements of the zoning ordinance. There is a large easement on the north side of lot 10. The new plat creates drainage and utility easements around lot 10 as required by the current City ordinance. Final Plat Review Criteria After the submittal of the final plat, the Planning Commission shall recommend approval or disapproval of the plat. Failure of the Planning Commission to act upon the final plat shall be deemed a recommendation of approval of the plat. If plat disapproval is recommended, the grounds for disapproval shall be stated in the records of the Planning Commission. A plat shall not be recommended for approval unless it: (a) Conforms to the preliminary plat; (b) Conforms to the design standards set forth in this chapter; (c) Conforms to the adopted Comprehensive Plan; and (d) Is in accordance with all requirements and laws of this state. Preliminary and Final Plat Hahn's Addition to Maryview Planning Commission—10/20/20 Page 3 Recommendation: Staff recommends approval of this request. If Planning Commission feels this Plat is acceptable the following conditions should be applied to the preliminary and final plat and vacation of easements approval: The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. N HAHN'S ADDITION TO MARYVIEW PRELIMINARY PLAT ILI aa, .'`� ,,�` L°r a eso Nar ,ea"a. rorrm�;..% Rwox+i •irA ro. ".rrim,,,.,m a.• m �Wr-.____fit r • ox.x. m..mni wa Q 'f ��� /yam"„" l I �_� AREA. 20. 5Q F- OW mpe trumn`7iew .M B � , •jai �i `4`ti b'F^,.a �'_: 3 � 'x�.w< J. NE-'ERNON 8 A HE HAHN p, 14 o- M � 4 i gdf ' / /�M 880 lAKEWJGD DRIVE SW '1`i,yi.. e4 O r (,e '�� f HViGHNi50N MN PRESENT ZONMG - R-I (ShorobM) oAxw..x v.rr+...<xu •..wa .. % '���(j � k �� Y� �/ P rc. `f � a t� • 1 _ .-- 6� 41NMIUN LGi REgNREMENi6 {91UbUM BUtDING SEI0ACN5 .a•, ro.»..,x..,x •. e4.... a. e�.rrr 5 �'J { `�. ) � �!\�` rooxra, fR.a wm.<rw" ci.r.ro" . ims5 f t a`isa s. 4 o«.am iaare,xuro im.> `� .a. ��•���...-�f/�i HAHN'S ADDITION TO MARYVIEW X. T- F-r UP tHE.1A i HUTCHINSON CITY COUNCIL Request for Board Action Consideration of a Variance for Scott Nokes at 1891 West Shore Drive SW, Agenda Item: Hutchinson. Department: Planning LICENSE SECTION Meeting Date: 10/27/2020 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff M Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Scott Nokes is requesting a variance to construct a two -foot addition onto the east side of his current attached garage. The garage is currently eight -feet off the property line and is built to the setback line. The need for the variance is so the applicant can park a larger vehicle in the garage. Variances may be granted when the applicant establishes that there are practical difficulties in complying with the official control as noted in Section 154.167 of the Zoning Ordinance. Staff gave an overview of the staff report that was prepared and went through all of the criteria necessary for granting a variance. Staff recommend denial of the variance because they felt the variance request didn't meet any of the required criteria to grant a variance. Mr. Nokes spoke to the Planning Commission for 24 minutes and presented his case for the variance and basically said it should be approved because the location of the driveway is unique. The Planning Commission discussed all of the factors and voted unanimously to deny the variance request because they felt the request didn't meet the uniqueness test required to grant a variance. Nobody else from the public spoke regarding this request. BOARD ACTION REQUESTED: Denial of variance as recommended by the Planning Commission Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15228 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR DENIAL OF VARIANCE APPLICATION TO REDUCE THE SIDE YARD SETBACK FROM 8 FEET TO 6 FEET ON THE PROPERTY LOCATED AT 1891 WEST SHORE DR SW, SCOTT NOKES, APPLICANT FACTS 1. Scott Nokes is the owners of a parcel of land located at 1891 West Shore Dr SW, Hutchinson Minnesota; and, 2. The subject property is legally described as: Lot 1, Block 1, Island View Heights Fifth Addition, McLeod County, Minnesota. 3. Scott Nokes is the applicant for a variance to reduce the side yard setbacks by 2 feet at 1891 West Shore Dr. SW. 4. The property is located in the R-2 (Medium Density Residential) Zoning District. 5. The proposal would vary from Section 154.172 and 154.057 (F) (2) in that it would decrease the minimum required 8-foot side yard setback by 2 feet. 6. Following a public hearing on the application, the City of Hutchinson Planning Commission has recommended denial of the variance on October 20, 2020 with the following findings: a. The request for the variance isn't caused by a unique issue such as a physical characteristic. There is nothing physically unique about the lot. b. The request is related to preference of the landowner rather than to a physical characteristic with the land. The garage could be extended to the west versus east and accommodate parking of the larger vehicle and still meet required setbacks. 7. The City Council of the City of Hutchinson reviewed the requested variance at its meeting on October 27, 2020 and has considered the recommendation and findings of the Planning Commission and hereby does recommend denial of the variance request with the following findings: c. The request for the variance isn't caused by a unique issue such as a physical characteristic. There is nothing physically unique about the lot. d. The request is related to preference of the landowner rather than to a physical characteristic with the land. The garage could be extended to the west versus east and accommodate parking of the larger vehicle and still meet required setbacks. Findings of Fact — Resolution 15228 Variance 1891 West Shore Dr. 10/27/2020 Page 2 APPLICABLE LAW 8. Minnesota Statue Section 462.357, subd. 6 provides: (a) Variances shall only be permitted (a) when they are in harmony with the general purposes and intent of the ordinance and (b) when the variances are consistent with the comprehensive plan. (b) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that (a) the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (b) the plight of the landowner is due to circumstances unique to the property not created by the landowner; and (c) the variance, if granted, will not alter the essential character of the locality. CONCLUSIONS OF THE LAW 9. There are not unique circumstances to the property not created by the landowner. The proposal to extend on the east side of the garage appears to be a personal preference. There appears to be room to build onto the west side of the garage and meet the setbacks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a variance to allow Scott Nokes, applicant, to build an addition to the east side of his garage so as to deviate from Section 154.057 (F)(2) is hereby denied. Adopted by the City Council this 27th day of October, 2020. ATTEST: Matt Jaunich City Administrator Gary T. Forcier Mayor DIRECTORS REPORT -PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, Planning Director Date: October 14, 2020 for the October 20, 2020 Planning Commission Meeting Application: VARIANCE TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM 8 FEET TO 6 FEET Applicant: Scott Nokes, 1891 W. Shore Dr. SW VARIANCE —1891 W. Shore Dr. SW Scott Nokes is requesting a variance to construct a two -foot addition onto the east side of his current attached garage. The garage is currently eight -feet off the property line and is built to the setback line. The need for the variance is so the applicant can park a larger vehicle in the garage. The applicant states the practical difficulty for the variance is that the shape of the driveway and location of the garage creates a practical difficulty to extend the garage to the west by any distance. The applicant also states the unique circumstance of the lot is that the driveway and garage are arranged in an "L" shape, which makes the lot/home unique in Island View 5t1i Addition, and one of the very few in the City. Variances may be granted when the applicant establishes that there are practical difficulties in complying with the official control as noted in Section 154.167 of the Zoning Ordinance. GENERAL INFORMATION Existing Zoning: R-2 (Medium Density Residential) Property Location: 1891 W. Shore Drive Lot Size: 80' x 150' (12,000 sq. ft.) Existing Land Use: Residential Adjacent Land Use And Zoning: Residential — R-2 Medium Density Residential Comprehensive Land Use Plan: Medium Density Residential Neighborhood Zoning History: The plat for this development was originally completed in 2000. Applicable Regulations: Section 154.172 and 154.057 (F)(2). Variance 1891 W. Shore Dr. Planning Commission—10-20-20 Page 2 Analysis and Recommendation: In order to grant a variance, the request must meet the standards for granting a variance, including the finding of "practical difficulties." Variances maybe granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute a practical difficulty if reasonable use for the property exists under the terms of the ordinance. The conditions cited as reason for granting a variance must be due to physical conditions unique to the land or building involved and must not be applicable to other sites in the same zoning district. Economic considerations may be taken into account but shall not by themselves be the reason for which a variance is granted. There is a basic "test" to determine if a request meets the practical difficulties standard. To constitute practical difficulties all three questions must be answered ,yes. The following are the factors that must be considered: Practical difficulties "Practical difficulties" is a legal standard set forth in law that cities must apply when considering applications for variances. It is a three -factor test and applies to all requests for variances. To constitute practical difficulties, all three factors of the test must be satisfied. 1. Reasonableness The first factor is that the property owner proposes to use the property in a reasonable manner. This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use whatsoever without the variance. For example, if the variance application is for a building too close to a lot line or does not meet the required setback, the focus of the first factor is whether the request to place a building there is reasonable. Stafffeels that the property owner does not propose to use the property in a reasonable manner, as placing a portion of the garage in the setback area could be avoided by extending the garage to the west versus east, which would not encroach on the setback. Additionally, there is another detached garage on the property that is approximately 24x30' in six. Having a garage is a reasonable request, however, there is room to add onto the garage on the west side without encroaching on the setback area. This question was answered NO. 2. Uniqueness The second factor is that the landowner's problem is due to circumstances unique to the property not caused by the landowner. The uniqueness generally relates to the physical characteristics of the particular piece of property, that is, to the land and not personal characteristics or preferences of the landowner. When considering the variance for a building to encroach or intrude into a setback, the focus of this factor is whether there is anything physically unique about the particular piece of property, such as sloping topography or other natural features like wetlands or trees. Staff feels the landowner's problem is not unique to the property because there is room to add onto the garage by meeting the current setbacks. Staff believes it may be more convenient or a personal preference for the applicant to build a garage addition to the east with a 6-foot setback versus the required 8 feet but it doesn't appear that "convenience " is a factor that should be consideredfroma legal standpoint. There is nothing physically unique about this property. It is a Variance 1891 W. Shore Dr. Planning Commission—10-20-20 Page 3 rectangular corner lot that is flat and doesn't have anv topographic issues. The buildings have been oriented on this lot to the landowner's preference. This question was answered NO. 3. Essential character The third factor is that the variance, if granted, will not alter the essential character of the locality. Under this factor, consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. For example, when thinking about the variance for an encroachment into a setback, the focus is how the particular building will look closer to a lot line and if that fits in with the character of the area. Stafffeels this request will alter the essential character ofthe locality. Under the context of this request, staff believes the " locality" is the general neighborhood area around this properiy. Staffis unaware ofanv other structures that are located within the setback area in this area. Since there are no other structures that are in the setback area the proposed garage addition will be out of place in this neighborhood. This question was answered NO. Another factor to consider for granting a variance is whether the variance request is in harmony with the purpose and intent of the ordinance? The Zoning Ordinance has an introductory section (154.001) that says the intent and purpose of this chapter shall be: Please note: Underlined Items are relevant to this request. (A) To regulate and limit the height and bulk of buildings hereafter to be erected; (B) To establish, regulate and limit the building or setback lines on or along any street, traffic way, drive or parkway; (C) To regulate and limit the intensity of use of lot areas and to regulate and determine the area of open spaces within and surrounding buildings hereafter to be erected, (D) To classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses; (E) To divide the entire municipality into districts of such number, shape and area, and of such different classes according to use of land and buildings, height and bulk of buildings, intensity of use of lot areas, area of open spaces and other classifications, as may be deemed best suited to regulate development; (F) To fix standards to which buildings or structures therein shall conform, (G) To prohibit uses, buildings or structures incompatible with the character of established districts; (H) To prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed; (I) To classify, regulate and restrict the use of property on the basis of land use relationship; (J) To provide for variations from these regulations, standards, restrictions and limitations, (K) To provide for conditional uses, including planned development, within the established districts; (L) To provide administrative bodies and procedures as shall be necessary to the implementation and enforcement of the various provisions of this chapter; Variance 1891 W. Shore Dr. Planning Commission—10-20-20 Page 4 (M) To provide for the orderly amendment of this chapter; and (N) To provide regulations pertaining to pre-existing lots, structures and uses which do not conform to the regulations, standards, restrictions and limitations established by this chapter. Another factor to consider is whether the variance is consistent with the Comprehensive Plan? The Hutchinson Comprehensive Plan doesn't specifically get into issues related to variances. The comprehensive plan is used to plan for future uses versus specific dimensional standards that are found in the Zoning Ordinance which is discussed in great detail above. Based on the fact that all of the questions of the variance "test" were answered no, staff recommends the variance be denied due to not meeting the legal standard outlined in the zoning ordinance. It should also be noted that if the Planning Commission has different opinions on the "test" answers and all three questions are answered yes, the variance may be granted if the Commission feels it meets the intent and purpose of the Zoning Ordinance. Staff recommends denial of the request for the following reasons: 1) The request isn't reasonable because the garage could be made two feet larger by extending to the west, which wouldn't encroach on any setback areas and would meet zoning ordinance requirements. 2) The request for the variance isn't caused by a unique issue such as a physical characteristic. There is nothing physically unique about the lot. 3) The request for the variance will alter the essential character of the neighborhood. If approved, this structure would be out of character because it doesn't meet the required setbacks. 4) Staff believes the request is related to preference of the landowner rather than to a physical characteristic with the land. The garage could be extended to the west versus east and accommodate parking of the larger vehicle and still meet required setbacks. 5) Staff believes that the variance is not in harmony with the purpose and intent of the ordinance as found in section 154.001 of the Zoning Ordinance. Specifically, 154.001 (C), (F) and (G). 9/11/2020 McLeod County GIS Viewer 4 oSearch Print Sketch Tools Advance Tools ... P90 fW6f D / gjUM�—O� I W. s N L.—:1 Hut • 1 . r 2P43,10020 • a � a ,a i Developed b p Y °1:139 X,Y: 554931, 251862 Lat, Lon: 44.872403, .94.421465 USNG: 15TUK mdeod.houstoneng.com/all layers 111 i �tfr U)Ej 9pc �l�t� 9 A-7r vigmo '''%a /4 06 jC- L) p Opr J ib a+rr CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/14/20-10/27/20 Check Date ------------------------------------------------------------------------------------------------- 10/09/2020 Check EFT1316 Vendor Name EFTPS Description ----------------------------------------------------------------------------- Payroll 9/20/20 - 10/3/20 Amount --------------------- 70,566.85 10/09/2020 EFT1317 Child Support Payroll 9/20/20 - 10/3/20 577.29 10/09/2020 EFT1318 M N Dept of Revenue Payroll 9/20/20 - 10/3/20 12,807.46 10/09/2020 EFT1319 Provident Life Payroll 9/20/20 - 10/3/20 591.76 10/09/2020 EFT1320 PERA Payroll 9/20/20 - 10/3/20 53,731.30 10/09/2020 EFT1321 TASC-Flex Payroll 9/20/20 - 10/3/20 1,491.70 10/09/2020 EFT1322 TASC-H S A Payroll 9/20/20 - 10/3/20 13,256.84 10/09/2020 EFT1323 ICMA Payroll 9/20/20 - 10/3/20 3,308.52 10/09/2020 EFT1324 VOYA Payroll 9/20/20 - 10/3/20 330.00 10/09/2020 EFT1325 MNDCP Payroll 9/20/20 - 10/3/20 350.00 10/09/2020 212742 NCPERS Payroll 9/20/20 - 10/3/20 336.00 10/09/2020 212743 HART Payroll 9/20/20 - 10/3/20 469.77 10/09/2020 212744 MNPEA Payroll 9/20/20 - 10/3/20 585.00 10/14/2020 212745 POSTMASTER POSTAGE - UB BILLINGS 1,540.00 10/14/2020 212746 SCOTTJASTER-JUNK-N-TREASURES SIGN&AWNING GRANT -EDA 919.38 10/19/2020 212747 MINNESOTA CHIEFS OF POLICE PERMITS TO ACQUIRE A HANDGUN - POLICE 112.50 10/19/2020 212748 TNT PAINTING LLC CARES ACT BUSINESS SUBSIDY GRANT 10,500.00 10/27/2020 212749 ACE HARDWARE - 1315 REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 798.45 10/27/2020 212750 ACE HARDWARE - 1790 TIRE GAUGES - FIRE 13.98 10/27/2020 212751 ACE HARDWARE - 1825 REPAIR & MAINT SUPPLIES - POLICE 43.47 10/27/2020 212752 ACE HARDWARE - 6762 NUTS/BOLTS/NAILS-COMPOST 24.82 10/27/2020 212753 ALLSTATE PARTS OF GLENCOE TRUCK & TRAILER PARTS - COMPOST 24.08 10/27/2020 212754 AMAZING GRACE BOUTIQUE LLC CARES ACT BUSINESS SUBSIDY GRANT 8,000.00 10/27/2020 212755 AMERICAN BOTTLING CO COST OF GOODS SOLD - LIQUOR HUTCH 184.08 10/27/2020 212756 AMERICAN PUBLIC WORKS ASSN -APWA 2021 MEMBERSHIP RENEWALS 1,093.75 10/27/2020 212757 ANCHOR PROMOTIONS FIRE PREVENTION ITEMS: BANDS, BADGES, TRUCKS 999.98 10/27/2020 212758 ANIMAL MEDICAL CENTER ON CROW RIVER SEPT PROCESSING/BOARDING FEES- POLICE 284.00 10/27/2020 212759 ANOKA COUNTY COURT ADMIN BAIL -POLICE 500.00 10/27/2020 212760 APX CONSTRUCTION GROUP, LLC PAY APP #5 THRU 8/31/20 - REC CENTER 219,447.53 10/27/2020 212761 ARAMARK UNIFORM & CAREER APPAREL GR 10/5 CLEANING SERVICES - LIQUOR HUTCH 160.59 10/27/2020 212762 ARTISAN BEER COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 812.10 10/27/2020 212763 ARTIST DALE LEWIS 2020 SCULPTURE STROLL WINNER - "OLD TEX" 500.00 10/27/2020 212764 AUTOVALUE- GLENCOE EQUIPMENT PARTS - HATS 502.94 10/27/2020 212765 B & C PLUMBING & HEATING INC RPXTESTS- ARENA/WATERPARK 270.00 10/27/2020 212766 BARGEN INC INFRARED PATCH, GRANT AVE SE TRAIL 600.00 10/27/2020 212767 BART'S LLC CARES ACT BUSINESS SUBSIDY GRANT 10,000.00 10/27/2020 212768 BAUER BUILT INC TIRES - MULTIPLE DEPTS 1,727.54 10/27/2020 212769 BELLBOY CORP COST OF GOODS SOLD - LIQUOR HUTCH 5,844.44 10/27/2020 212770 BELLINA AME COMPANY CARES ACT BUSINESS SUBSIDY GRANT 12,000.00 10/27/2020 212771 BENEFIT EXTRAS INC SEPT COBRA FEES 126.00 10/27/2020 212772 BERTRAM ASPHALT COMPANY, INC. 2020 CREEKSIDE BITUMINOUS & STREET REPAIRS 128,652.67 10/27/2020 212773 BLUE VALLEY SOD PEAT DELIVERED - COMPOST 1,800.00 10/27/2020 212774 BRAUN INTERTEC CORP SOUTH CENTRAL DRAINAGE AREA IMPV - THRU 10/9/20 1,360.50 10/27/2020 212775 BREAKTHRU BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 15,833.10 10/27/2020 212776 BW WELDING FABRICATE FLANGE- WWTP 70.00 10/27/2020 212777 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 55,952.15 10/27/2020 212778 CALAVERA, DEB RETIREMENT GIFT FOR PAT V - ENG 30.00 10/27/2020 212779 CARD SERVICES SUPPLIES - SR CENTER 21.50 10/27/2020 212780 CARS ON PATROL SHOP LLC CARES ACT BUSINESS SUBSIDY GRANT 11,000.00 10/27/2020 212781 CENTRAL HYDRAULICS EQUIPMENT PARTS- MULTIPLE DEPTS 1,498.66 10/27/2020 212782 CENTRAL MCGOWAN ACETYLENE, HIGH PRESSURE - MULTIPLE DEPTS 156.00 10/27/2020 212783 CHEMISOLV CORP CUSTOM DEWATERING FLOCCULENT- WWTP 2,628.00 10/27/2020 212784 CINTAS CORPORATION CLEANING SUPPLIES & SERVICE - MULTIPLE DEPTS 304.62 10/27/2020 212785 COLDSPRING ROSE NICHE FRONT -CEMETERY 262.00 10/27/2020 212786 CONNELLY CARPET CLEANING CLEANED CARPETS - WWTP 200.00 10/27/2020 212787 COOL Al R M ECHAN ICAL I NC SEMI-ANNUAL INSPECTION/START-UP - CIVIC ARENA 2,238.00 10/27/2020 212788 CORE & MAIN LP WATER METERS 1,101.85 10/27/2020 212789 CREEKSIDE SOILS BITCON - S. CENTRAL DRAINAGE PROJECT 2020 9,113.98 10/27/2020 212790 CRIME STOPPERS OF MINNESOTA 2021 LAW ENFORCEMENT PARTNERSHIP PROGRAM 200.00 10/27/2020 212791 CROW RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 890.40 10/27/2020 212792 DANIELS SHARPSMART INC SHARPS CONTAINER DISPOSAL- PUBLIC SAFETY 210.89 10/27/2020 212793 DELANO CEMETERY SERVICES INC LAW ENFORCEMENT PARK ENGRAVING 500.00 10/27/2020 212794 DELL MARKETING L.P. COMPUTERS- MULTIPLE DEPTS 1,944.15 10/27/2020 1212795 1 DIRECT PLASTICS IWONDERBLEND ITEMS -COMPOST 17,999.38 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/14/20-10/27/20 Check Date ------------------------------------------------------------------------------------------------- 10/27/2020 Check 212796 Vendor Name DOG -ON -IT -PARKS Description ----------------------------------------------------------------------------- BAGS - PARKS Amount --------------------- 165.00 10/27/2020 212797 DPC INDUSTRIES INC SODIUM HYPO - WWTP 1,113.66 10/27/2020 212798 DRAIN PROS INC HYDRO JETTING/ CAMERA INSPECTION - ELKS PARK 770.00 10/27/2020 212799 E2 ELECTRICAL SERVICES INC RETRO 2 6-LAMP LIGHTS - AIRPORT 257.50 10/27/2020 212800 ECOLAB PEST ELIMINATION 10/13 RODENT PROGRAM - REFUSE 167.17 10/27/2020 212801 ELECTRO WATCHMAN CONNECT EXISTING & FIRE ALARM MONITORING - NEW PD 1,864.39 10/27/2020 212802 ESS BROTHERS & SONS TYPE C GRATE, GLUE - STORM WATER 714.80 10/27/2020 212803 FASTENAL COMPANY SAW BLADE - PARKS 26.00 10/27/2020 212804 GASSER, STEVE UB refund for account: 1-685-8150-5-04 44.41 10/27/2020 212805 GEB ELECTRIC INC REPAIR & REPLACE GRI/GFI - POLICE 491.00 10/27/2020 212806 GRAINGER REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 1,591.60 10/27/2020 212807 GRIMSLEY, ROBERT UB refund for account: 1-685-7050-8-01 11.84 10/27/2020 212808 HACH COMPANY CA610 FLUORIDE REAGENT SET- WATER 94.45 10/27/2020 212809 HAGER JEWELRY INC. NAME PLATE & ENGRAVING - ENGINEERING 26.50 10/27/2020 212810 HANSEN GRAVEL INC. DIRT/COMPOST MIX - MULTIPLE DEPTS 863.00 10/27/2020 212811 HANSON & VASEK CONSTRUCTION 2020 CONCRETE REPAIRS -STREETS 4,840.00 10/27/2020 212812 HEARTLAND AG SYSTEMS INDUSTRIAL HOSE - WWTP 28.40 10/27/2020 212813 HERGENRADER, LISA REIMB: LUNCH FOR STAFF - DMV 18.88 10/27/2020 212814 HILLYARD / HUTCHINSON CLEANING/MAINTENANCE SUPPLIES- MULTIPLE DEPTS 404.12 10/27/2020 212815 HJERPE CONTRACTING ARCH STSE DRAINAGE IMPROVEMENT -STORM WATER 8,280.00 10/27/2020 212816 HUTCHFIELD SERVICES INC OCTOBERJANITORIALSERVICES - HATS 3,342.00 10/27/2020 212817 HUTCHINSON CENTER FOR THE ARTS CARES ACT BUSINESS SUBSIDY GRANT 10,500.00 10/27/2020 212818 HUTCHINSON CO-OP FUEL & SUPPLIES - MULTIPLE DEPTS 7,593.32 10/27/2020 212819 HUTCHINSON HEALTH DRUG TESTING - PARKS 16.00 10/27/2020 212820 HUTCHINSON HRA TIF ADMIN FEE - MAYCE STEFFEN 500.00 10/27/2020 212821 HUTCHINSON SUPERSTORES INC CARES ACT BUSINESS SUBSIDY GRANT 12,500.00 10/27/2020 212822 HUTCHINSON UTILITIES UTILITIES 9/1- 10/1-20 94,889.24 10/27/2020 212823 HUTCHINSON UTILITIES STREETS BUCKET TRUCK INSPECTIONS 790.00 10/27/2020 212824 HUTCHINSON WHOLESALE #1550 REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 210.68 10/27/2020 212825 HUTCHINSON WHOLESALE #1551 FUEL FILTERS, PLUGS, CAPSULES - COMPOST 130.04 10/27/2020 212826 HUTCHINSON WHOLESALE #1552 SABER LITE, WRENCH COMBS - PARKS 121.38 10/27/2020 212827 HUTCHINSON, CITY OF STORM DRAINAGE 9/1-9/30-20 6,269.94 10/27/2020 212828 1 & S GROUP, INC. REC CENTER IMPRV - SERVICES THRU 9/30/20 11,000.00 10/27/2020 212829 I.M.S. SHARPENING SERVICE 10/9 CATCH BASIN REPAIR - STORM WATER 3,150.00 10/27/2020 212830 INDIAN ISLAND WINERY COST OF GOODS SOLD - LIQUOR HUTCH 129.12 10/27/2020 212831 INTERSTATE BATTERY SYSTEM MINNEAPOL BATTERIES- HATS, STREETS 219.69 10/27/2020 212832 J & B PALLET, LLC PALLETS - COMPOST 4,984.00 10/27/2020 212833 JAY MALONE MOTORS 2017 EXPLORER: DOME LIGHT REPAIR- FIRE 656.47 10/27/2020 212834 JEFF MEEHAN SALES INC. SEPT 2020 CREEKSIDE COMMISSIONS 1,736.19 10/27/2020 212835 JLR GARAGE DOOR SERVICE CAR WASH OPENER - HATS 2,100.00 10/27/2020 212836 JOHNSON BROTHERS LIQUOR CO. COST OF GOODS SOLD - LIQUOR HUTCH 30,991.44 10/27/2020 212837 KAHNKE BROTHERS NURSERY TREES & LANDSCAPING - MULTIPLE DEPTS 2,208.25 10/27/2020 212838 KINNEY & LANGE LEGAL FEES TO TRADEMARK NEW HUTCH LOGO 12,000.00 10/27/2020 212839 KOHLS SWEEPING SERVICE HAULING, CONCRETE, FILL, STENCIL- MULTIPLE DEPTS 3,472.50 10/27/2020 212840 KRIS ENGINEERING P5.5 MILLING TEETH - STREETS 1,089.74 10/27/2020 212841 KRISS PREMUIM PRODUCTS INC COOLING TOWER TREATMENT -ARENA 449.28 10/27/2020 212842 KRUMREY, SHANTAY REFUND: ROOM RENTAL CANCELLED DUE TO COVID - EV CTR 1,250.00 10/27/2020 212843 LANO EQUIPMENT OF NORWOOD BOBCAT: PICK UP BROOM - STREETS 504.28 10/27/2020 212844 LEGIONVILLE LEGIONVILLE AMERICAN LEGION PAVER 500.00 10/27/2020 212845 LOCHER BROTHERS INC COST OF GOODS SOLD - LIQUOR HUTCH 34,194.60 10/27/2020 212846 LOGIS OCT APPL SUP-GIS BASE & SERVICES - MULTIPLE DEPTS 7,529.62 10/27/2020 212847 LYNDE & MCLEOD INC. SEPT YARDWASTE - COMPOST 241.14 10/27/2020 212848 MADDEN GALANTER HANSEN LLP LEGAL SERVICES THRU 8/31/20 - POLICE 323.00 10/27/2020 212849 MARCO TECHNOLOGIES, LLC 9/4 - 10/3-20 PRINTING CONTRACT - ENTERPRISE CTR 87.24 10/27/2020 212850 MARCO TECHNOLOGIES, LLC 9/20 - 10/20-20 PRINTING CONTRACT - VARIOUS DEPTS 1,464.93 10/27/2020 212851 MARIA'S HAIR SALON CARES ACT BUSINESS SUBSIDY GRANT 3,530.00 10/27/2020 212852 MAYTAG LAUNDRY & CAR WASH 9/22 LAUNDRY SERVICES - EVENT CENTER 111.84 10/27/2020 212853 MCLEOD COUNTY REFUND FOR HOPE COLE - REC 32.00 10/27/2020 212854 MCLEOD COUNTY HISTORICAL SOCIETY CARES ACT BUSINESS SUBSIDY GRANT 12,000.00 10/27/2020 212855 MCLEOD COUNTY RECORDER SITE PLAN & ZONING FOR AIRPORT 92.00 10/27/2020 212856 MEDICA NOVEMBER MEDICAL INSURANCE 138,895.55 10/27/2020 212857 MEI TOTAL ELEVATOR SOLUTIONS OCT-NOV SERVICE ELEV 1 ONLY -LIBRARY 200.16 10/27/2020 212858 MENARDS HUTCHINSON REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 462.82 10/27/2020 212859 MEYER LABORATORY INC NILODEW - PARKS 90.26 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/14/20-10/27/20 Check Date ------------------------------------------------------------------------------------------------- 10/27/2020 Check 212860 Vendor Name MID-AMERICAN RESEARCH CHEMICAL Description ----------------------------------------------------------------------------- REPAIR & MAINT SUPPLIES - WWTP, HATS Amount --------------------- 3,697.26 10/27/2020 212861 MIDWEST MACHINERY CO PLUG FOR LEAF VAC TRACTOR 38.12 10/27/2020 212862 MILLNER HERITAGE VINEYARD & WINERY COST OF GOODS SOLD - LIQUOR HUTCH 1,096.80 10/27/2020 212863 MINI BIFF 8/28- 9/24 RENTALS - MULTIPLE DEPTS 346.56 10/27/2020 212864 MINNESOTA VALLEY TESTING LAB LAB SAMPLE TESTING - MULTIPLE DEPTS 1,309.80 10/27/2020 212865 MN DEPT OF LABOR & INDUSTRY 3RD QTR SURCHARGES - BLDG INSPEC 4,910.14 10/27/2020 212866 NERO ENGINEERING LLC SEPT HEADWORKS PRELIM DESIGN - WWTP 2,928.00 10/27/2020 212867 NORTH CENTRAL INTERNATIONAL VALVE, VELCAB - COMPOST TRAILER 76.43 10/27/2020 212868 NORTHERN BUSINESS PRODUCTS TOILET SCRUBBER KIT, WIPES - POLICE 47.43 10/27/2020 212869 NORTHERN SAFETY & INDUSTRIAL FIRSTAID KITS -COMPOST 19.10 10/27/2020 212870 NUVERA OCT PHONE SERVICES - MULTIPLE DEPTS 6,271.47 10/27/2020 212871 ODYSSEY ENTERTAINMENT INC CARES ACT BUSINESS SUBSIDY GRANT 13,500.00 10/27/2020 212872 PAUSTIS WINE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 2,168.50 10/27/2020 212873 PEAT INC. SPHAGNUMFINE-COMPOST 13,475.00 10/27/2020 212874 PECE RECYCLING LLC PALLETS -COMPOST 1,306.25 10/27/2020 212875 PENMAC STAFFING SERVICES, INC. CREEKSIDE TEMP STAFFING 1,313.76 10/27/2020 212876 PEOPLEREADY INC CREEKSIDE TEMP STAFFING 2,942.86 10/27/2020 212877 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 27,541.69 10/27/2020 212878 PHONETICALLY SPEAKING &ASL BINDERS -POLICE 255.00 10/27/2020 212879 PLU NKETTS PEST CONTROL 10/1 PEST CONTROL -ARENA 36.40 10/27/2020 212880 PREMIUM WATERS OCT SERVICE - PARKS 8.00 10/27/2020 212881 PRO AUTO MN INC. OIL CHANGES FOR MULTIPLE VEHICLES 150.10 10/27/2020 212882 R & H PAINTING LINE 4 EA. MANHOLES - SEWER 25,732.00 10/27/2020 212883 R & R EXCAVATING LETTING #4 CLASS 5, HAUL OUT- AIRPORT PROJECT 338.75 10/27/2020 212884 RED BULL DISTRIBUTION COMPANY, INC. COST OF GOODS SOLD - LIQUOR HUTCH 49.00 10/27/2020 212885 REINER ENTERPRISES INC HAULING BRUSH TO KENTON COUNTY- CROMPOST 1,487.50 10/27/2020 212886 REYNOLDS TRANSPORT INC CARES ACT BUSINESS SUBSIDY GRANT 12,500.00 10/27/2020 212887 RICHARD LARSON BUILDERS TIF: MAYCE STEFFEN 5,000.00 10/27/2020 212888 RUNNING'S SUPPLY REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 156.04 10/27/2020 212889 SALTMAN LLC 50 LBS SALT - ARENA 150.00 10/27/2020 212890 SCHLUETER, JENNALEE SKATE SCHOOL CLASS CANCELLED 84.00 10/27/2020 212891 SHORT-ELLIOT-HENDRICKSON, INC 5TH AVE INDUSTRIAL PARKTHRU 10/15/20 5,147.60 10/27/2020 212892 SITEONE LANDSCAPE SUPPLY EXP REPAIR COUPLING, VALVE BOX- PARKS 116.41 10/27/2020 212893 SJM CONSTRUCTION LLC PREP & POUR SLAB AT ENTRY - REFUSE 2,838.00 10/27/2020 212894 SOLUS LED LED LIGHTS - CITY CENTER, ARENA 442.84 10/27/2020 212895 SOUTHERN WINE & SPIRITS OF MN COST OF GOODS SOLD - LIQUOR HUTCH 32,085.42 10/27/2020 212896 SSM ENTERPRISES LLC CARES ACT BUSINESS SUBSIDY GRANT 14,000.00 10/27/2020 212897 STAPLES ADVANTAGE GLOVES - PARKS 15.86 10/27/2020 212898 STREICH TRUCKING CREEKSIDE FREIGHTTO MARSHALL-COMPOST 6,525.00 10/27/2020 212899 SU BWAY OF H UTCH I NSON I NC CARES ACT BUSINESS SUBSIDY GRANT 14,000.00 10/27/2020 212900 SUN LIFE FINANCIAL NOVEMBER DENTAL CLAIMS &ADMIN FEES 6,399.70 10/27/2020 212901 TALKPOI NT TECH NOLOGI ES INC PLANTRONICS HEADSETS- POLICE 169.95 10/27/2020 212902 TECHBROS INC CARES ACT BUSINESS SUBSIDY GRANT 10,500.00 10/27/2020 212903 THE PAINT FACTORY CARES ACT BUSINESS SUBSIDY GRANT 11,500.00 10/27/2020 212904 THEIN WELL RECOVERY CLEAN FOR WELL 8 AND WELL 5 - WATER 47,885.55 10/27/2020 212905 TIDY TIGHTWADS LLC CARES ACT BUSINESS SUBSIDY GRANT 11,000.00 10/27/2020 212906 TITAN MACHINERY EQUIPMENTPARTS-MULTIPLEDEPTS 60.11 10/27/2020 212907 TRIMBO, DAVID DEEP SCRUB & SHAMPOO OF TILE FLOORS - POLICE 945.00 10/27/2020 212908 TRIPLE CREEK YARDSCAPES LLC CEMENT WORK AT ELKS PARK 6,200.00 10/27/2020 212909 TRUE BRANDS COST OF GOODS SOLD - LIQUOR HUTCH 224.40 10/27/2020 212910 UNITED PACKAGING & DESIGN STRETCH FILM -COMPOST 19,835.00 10/27/2020 212911 UNUM LIFE INSURANCE CO OF AMERICA NOVEMBER LIFE INSURANCE 2,645.89 10/27/2020 212912 USA BLUE BOOK ADAPTERS - WWTP 77.75 10/27/2020 212913 VERIZON CONNECT NWF, INC. SEP PHONE SERVICES -STREETS 80.95 10/27/2020 212914 VERIZON WIRELESS SEP PHONE SERVICES - POLICE 39.54 10/27/2020 212915 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 12,881.05 10/27/2020 212916 VI KING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 425.70 10/27/2020 212917 VINOCOPIA INC COST OF GOODS SOLD - LIQUOR HUTCH 11,096.90 10/27/2020 212918 VIVID IMAGE ANNUALSAFE & SOUND WEBSITES; EDA WEBSITE PROJ 6,135.00 10/27/2020 212919 WASTE MANAGEMENT OF WI -MN 9/16-9/30 RESIDENTIAL REFUSE 6,956.35 10/27/2020 212920 WATERVILLE FOOD & ICE COST OF GOODS SOLD - LIQUOR HUTCH 856.95 10/27/2020 212921 WEST CENTRAL SANITATION INC. SEPTEMBER RESIDENTIAL REFUSE 48,660.98 10/27/2020 212922 WETTERLING, RENEE UB refund for account: 3-443-8520-8-01 70.90 10/27/2020 212923 WINE COMPANY, THE ICOST OF GOODS SOLD - LIQUOR HUTCH 1,477.20 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/14/20-10/27/20 Check Date ------------------------------------------------------------------------------------------------- 10/27/2020 Check 212924 Vendor Name WINE MERCHANTS INC Description ----------------------------------------------------------------------------- COST OF GOODS SOLD - LIQUOR HUTCH Amount --------------------- 51.33 10/27/2020 212925 WITTE, NICHOLAS UB refund for account: 3-926-0700-0-04 246.65 10/27/2020 212926 WM M U ELLER &SONS CITY ALLEY #40IMPROVEMENTS 93,706.25 Total - Check Disbursements: $ 1,469,565.11 Department Purchasing Card Activity - September 2020 Date Dept Vendor Name Description Amount 09/10/2020 PLANNING AMAZON Gasket 23.23 09/15/2020 PLANNING DEPARTMENT OF LABOR & INDUSTRY Training 25.00 09/15/2020 PLANNING DEPARTMENT OF LABOR & INDUSTRY Training 50.00 09/21/2020 PLANNING AMAZON Gasket 25.96 09/29/2020 PLANNING AMAZON Credit - no invoice provided by amazon. (17.24) 09/03/2020 CREEKSIDE AMAZON Dual monitor desk stand and anti -fatigue mat 71.62 09/04/2020 CREEKSIDE AMAZON Adjustable stand-up desk riser 163.99 09/07/2020 CREEKSIDE SPS COMMERCE Aug 2020 SPS fees for United Hardware and Bomgaars 215.00 09/21/2020 CREEKSIDE MASTERCPE LLC Online cost accounting class for Jake V. 84.95 09/22/2020 CREEKSIDE AMAZON Webcam stand 19.99 09/23/2020 CREEKSIDE AMAZON Hydrogen Peroxide 4.65 09/23/2020 CREEKSIDE AMAZON Hydrogen Peroxide 4.65 09/24/2020 CREEKSIDE AMAZON Office desk for Jake V 504.04 09/24/2020 CREEKSIDE AMAZON Webcam 98.00 09/28/2020 CREEKSIDE AMAZON Trailer license plate lights 29.00 09/28/2020 CREEKSIDE AMAZON Grease fitting kit 34.95 09/01/2020 FINANCE AMAZON Engineering office supplies 19.99 09/02/2020 FINANCE AMAZON Finance office supplies 9.95 09/07/2020 FINANCE AMAZON COVID supplies, masks and gloves 893.30 09/17/2020 FINANCE AMAZON City Center office supplies 41.55 09/18/2020 FINANCE AMAZON City Center office supplies 6.99 09/22/2020 FINANCE AMAZON Elections office supplies 38.74 09/01/2020 LIQUOR HUTCH FACEBOOK Facebook advertising 2.97 09/07/2020 LIQUOR HUTCH MENARDS HUTCHINSON Cleaning supplies 53.40 09/09/2020 LIQUOR HUTCH ACE HARDWARE - 1315 Package repair supplies 7.99 09/15/2020 LIQUOR HUTCH RITE INC Credit card terminal replacement 639.11 09/16/2020 LIQUOR HUTCH RETAIL INFORMATION TEC Monthly Cloud Retailer fee 213.75 09/22/2020 LIQUOR HUTCH CASH WISE FOODS Paper towels 34.00 09/23/2020 LIQUOR HUTCH EIG CONSTANTCONTACT.COM Email blast advertising 70.00 09/24/2020 LIQUOR HUTCH ACE HARDWARE - 1315 Cleaning supplies 4.99 09/25/2020 LIQUOR HUTCH MENARDS HUTCHINSON Replacement shelf for cooler 8.50 09/07/2020 PUBLIC WORKS AMERICAN PUBLIC WORKS ASSN - APWA APWA Management Practices Manual 87.88 09/09/2020 PUBLIC WORKS PRO LIGHTING LED Lights 166.86 09/10/2020 PUBLIC WORKS POLLUTION CONTROL AGENCY MPCA Project SW Permit 400.00 09/25/2020 PUBLIC WORKS CIVIL AIR PATROL MAGAZINE CAP Magazine Subscription 195.00 09/30/2020 PUBLIC WORKS PSN MINNESOTA RWA MN MRWA-Jim Navratil 80.00 09/03/2020 ADMIN SUPREME CT LAWYER REGISTR Supreme Court Registration 252.00 09/14/2020 ADMIN MNEFILE Filing Fees Ulland 75.00 09/14/2020 ADMIN MNEFILE Filling Fees Ulland 5.00 09/03/2020 EDA MUDDY COW HUTCHINSON New member orientation lunch 25.77 09/11/2020 EDA LOGMEIN GOTOMEETING GoToMeeting monthly service fee 11.39 09/18/2020 EDA JIMMYS PIZZA Lunch for Finance Team meeting 94.28 09/23/2020 EDA USPS Postage for CARES Business Assistance Program 55.00 09/24/2020 EDA TOWN & COUNTRY TIRE Tire for EDA van 110.06 09/15/2020 POLICE MESSAGEMEDIA USA, INC. Paging Service 69.62 09/17/2020 POLICE AMAZON Padded envelopes 40.95 09/25/2020 POLICE AMAZON Paper Clips and Scotch Brite Pads 14.59 09/28/2020 POLICE AMAZON Plastic Ware 16.49 09/30/2020 POLICE MINNESOTA CHIEFS OF POLICE Registration for Training 2201 150.00 09/14/2020 FIRE SEARS Clothes Dryer for Gear uniform 499.98 09/17/2020 FIRE CASH WISE FOODS bottled water for firefighters 39.80 09/01/2020 IT AMAZON Ergonomic Mouse for Jbeck 20.99 09/02/2020 IT SOLARWINDS Virtual server software 230.09 09/03/2020 IT AMAZON Office supplies organizers for Jbeck 11.27 09/04/2020IT AMAZON Speakers for AMayland 25.59 09/07/2020 IT AMAZON DVDs for Body Cams 42.20 Department Purchasing Card Activity - September 2020 Date Dept Vendor Name Description Amount 09/07/2020 IT AMAZON Office supplies organizers for Jbeck 4.41 09/14/2020 IT AMAZON Patch Cables 61.97 09/14/2020 IT AMAZON Laptop Cases Djochum TKloss 125.70 09/15/2020 IT AMAZON Desktop speakers for supplies 42.72 09/21/2020 IT AMAZON Airport Network Upgrades 220.87 09/22/2020 IT AMAZON Laptop case Beck Was returned 33.49 09/23/2020 IT AMAZON Sound patch cable for Council Chambers 5.09 09/24/2020 IT BESTBUY Surface Pro for Mike Schumann 789.00 09/24/2020 IT AMAZON HDMI cables for supply 22.77 09/28/2020 IT LOGMEIN GOTOMEETING GoToMeeting long distance option for Matt and Tom 10.79 09/29/2020 IT AMAZON Tools for Jbeck 20.19 09/29/2020 IT AMAZON Surge protectors for supply 95.49 09/30/2020 IT AMAZON COVID --- laptop cases for Jbeck and Jpaulson 122.96 $ 7,658.28 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: APPROVAL OF AND AUTHORIZATION TO SIGN PURCHASE AGREEMENT Department: EDA LICENSE SECTION Meeting Date: 10/27/2020 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff ❑ Unfinished Business Time Requested (Minutes): 2 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: After further discussions with the developer, it is being requested that the City Council consider approval of a Purchase Agreement (with contingencies) for the sale of the 3rd Avenue NW development site (the former CENEX fertilizer plant) currently owned by the City. EDA staff is in talks with a developer from the Twin Cities who's interested in doing a "high -end" apartment project on the site of the former CENEX fertilizer plant, located at 210 3rd Avenue NW. The developer is requesting a purchase agreement with the City at a proposed lot price of $351,329. In 2008 the EDA & City partnered to purchase and clear the site for redevelopment. At that time the EDA contributed $201,329 from the Downtown Revolving Loan Fund and the City contributed $150,000 from its Community Improvement Fund to complete the project. If the sale is completed, those amounts would be repaid. The Purchase Agreement is needed to provide the developer with some assurance that they will be "first in line" to purchase the lot once they complete their due diligence process. The City is not obligated to complete the sale. If the proposed development is found to be unacceptable, the City Council can refuse the needed zoning change, refuse to approve the Development Agreement, reject the site plan, refuse to approve the needed Housing TIF District and / or refuse to adopt the Ordinance needed to sell the property. The EDA Board has discussed the project and is recommending approval. The Purchase Agreement is enclosed for your review. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: Approval of Purchase Agreement and authority to sign document. Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Authen8sign ID: F3E934DE-04FA-42A5•ACA1.887F345F7DA3 VACANT LAND PURCHASE AGREEMENT This Vacant Land Purchase Agreement ("Agreement") is made by and between the City of Hutchinson, a Minnesota municipal corporation ("Seller") and William Ask, an individual, or assigns ("Buyer") as of this day of , 2020 ("Effective Date"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, vacant real property located in the City of Hutchinson, County of McLeod, Minnesota, described as follows: Lot 1, Block 1, Les Kouba Riverview Addition together with all easements and rights benefitting or appurtenant to the land (collectively, "Property"). The purpose of this transaction is to allow Buyer to construct an apartment complex on the Property. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be Three Hundred Fifty One Thousand Three hundred Twenty Nine Dollars ($351,329), and shall be payable by Seller financing with the following terms: which the Buyer agrees to pay in cash or by certified check or bank draft on the date of the closing and upon delivery of the deed as hereinafter provided. Buyer shall pay Five Thousand Dollars ($5,000) earnest money to Seller ("Earnest Money"), which will be held at Title Company (defined below). Seller acknowledges and agrees that at Closing (defined below), Buyer is entitled to a return of any Earnest Money remaining after payment of the Purchase Price and any Buyer closing costs. 3. Closing. The closing on the purchase and sale contemplated by this Agreement (the "Closing") shall occur within 15 days after the end of the Due Diligence Period (as hereinafter defined), or such other time as mutually agreed to by the parties (the "Closing Date"), at a title company reasonably selected by the parties ("Title Company"). Seller agrees to deliver possession of the Property immediately after Closing. 4. Sale by Ordinance. Buyer acknowledges that sale of city owned real property by the City of Hutchinson is done by ordinance, passage of which is at the sole discretion of the Hutchinson City Council. Authen8sign ID: F3E934DE-04FA42A5-ACAi-887F345F7DA3 S. "As Is" Sale. Seller and Buyer agree that upon Closing, the Property shall be sold and that Buyer shall accept possession of the Property on the Closing Date "as is", where is, with all faults, except as specifically warranted and represented by Seller in this Agreement. 6. Good Faith. The parties agree to cooperate and act in good faith in completing this transaction as soon as reasonably possible. 7. Contingencies. The obligations of the Buyer and Seller under this Agreement are contingent upon the following: a. Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now to the best of Seller's knowledge and on the Closing Date, as if made on the Closing Date. b. Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. c. Title Evidence. The condition of the Title Evidence (defined below) shall be found acceptable to Buyer. d. Due Diligence and Disclosures. The period of time commencing on the Effective Date and ending on the date that is 180 days after the Effective Date, or such earlier date as Buyer elects, at Buyer's sole option and discretion, is referred to herein as the "Due Diligence Period". Buyer shall have the right to conduct a due diligence inquiry as to the condition of the Property and Buyer's intended use of the Property during the Due Diligence Period. Such investigation shall be at Buyer's expense, although Seller shall provide reasonable cooperation, including, but not limited to, (1) permitting Buyer or its agents to physically enter and inspect the Property, including conducting environmental testing on the property, and (ii) providing Buyer with copies of any and all surveys, appraisals, engineering reports and any and all other documents in Seller's possession, if any, related to the condition and location of the Property. Buyer shall repair and restore any damage to the Property caused by or occurring during Buyer's inspection, and return the Property to substantially the same condition as existed prior to such entry. If Buyer is dissatisfied with the results of the due diligence investigations(s), Buyer may terminate this Agreement by giving written notice to Seller on or before the Due Diligence Period. Buyer may close the Due Diligence Period early, at Buyer's sole option and discretion, by providing Seller with written notice that Buyer has completed due diligence and is electing to close on the purchase and sale contemplated by this Agreement. e. Development Agreement. Buyer and Seller shall enter into a Development Agreement containing the following requirements: Authentisign ID: F3Eg34DE-04FA-42A&ACA1-887F345F7DA3 i. Site needs to be developed with a minimum 50-unit apartment complex. ii. Construction of the Apartment complex must be underway within 24 months of the signing of the Development Agreement. iii. Project needs to be consistent with applicable zoning. iv. Project must adhere to the city's site and project approval processes. v. Buyer is responsible for all due diligence regarding the site. f. Subject to City Council approval, the City will establish a Housing Tax Increment Financing District on the property to make the project economically feasible for the developer. 8. Termination. Buyer shall have until the end the Due Diligence Period to cancel this Agreement for any failed contingency or any other reason, in Buyer's sole option and discretion. 9. Documents to be Delivered to Buyer at Closing. On the Closing Date, Seller shall execute and deliver to Buyer the following documents: a. Quit Claim Deed. A Quit Claim Deed conveying marketable title to the Property, subject to the following exceptions: (i) zoning laws, ordinances and regulations; and (ii) agreements, easements, conditions, reservations, covenants and restrictions of record, reasonably acceptable to Buyer. b. Other Documents. Any other document(s) reasonably determined by Buyer or Title Company, to be necessary to transfer the Property, free and clear of all encumbrances except as otherwise provided herein. 10. Items to be Delivered to Seller at Closing. On the Closing Date, Buyer shall execute and/or deliver to Seller the following: a. Purchase Price. The Purchase Price by cash, cashier's check or wire transfer. b. Other Documents. Any other document(s) reasonably determined by Seller to be necessary to carry out the terms of this Agreement and close the transaction. 11. Title and Survey. Developer shall be responsible for performing any and all title and survey examination or due diligence that Developer deems prudent, at Developer's sole cost and expense. Developer acknowledges and agrees that the City is not providing any representations or warranties as to the condition of title and expressly waives any claims Developer may have against the City in connection with any title defects. The Survey and the Title Commitment are sometimes referred to in this Purchase Agreement collectively as the "Title Evidence." Authentisign ID: F3E934DE-04FA-42A5-ACA1-887F345F7DA3 Buyer will have until the end of the Due Diligence Period to provide Seller with written objections ("Objections") to the Property based upon the Title Evidence. Seller will have 60 days from receipt of Buyer's written Objections to cure the Objections to the reasonable satisfaction of Buyer. Seller will have 10 business days after it receives the Objections to notify Buyer whether Seller intends to cure the Objections. If Seller notifies Buyer that Seller intends to cure the Objections, then Closing will be delayed for up to 60 days, pending cure of the Objections. Cure of the Objections by Seller shall be reasonable, diligent, and prompt. Pending cure of the Objections, all payments required herein and the Closing will be postponed. If the only Objections are for liens or encumbrances for liquidated amounts that can be released, then there will be no delay in the Closing. If Seller does not notify Buyer that Seller intends to cure the Objections or if Seller notifies Buyer that Seller intends to cure but the Objections are not cured within the 60 day period provided for above, then, at Buyer's option: (i) this Purchase Agreement shall be null and void and neither party shall be liable to the other, and all Earnest Money paid by the Buyer will be refunded to Buyer or (ii) Buyer may elect to proceed, subject to uncured Objections, in which event, Closing shall proceed. 12. Prorations and Costs. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: Title Insurance and Closing Fee. Buyer will pay any reasonable and customary closing fee or charge imposed by the Title Company. b. Deed Tax. Any and all deed tax shall be paid by Buyer. c. Property Taxes and Special Assessments. On or before the Closing Date, all real estate taxes and special assessments shall be paid as follows: Seller shall pay all real estate taxes payable in all years prior to the year of closing. Seller shall pay all special assessments including, but not limited to, sewer and water assessments payable in all years prior to the year of Closing and the year of Closing. iii. General real estate taxes and special assessments payable in the year of Closing shall be prorated between Seller and Buyer as of the Closing Date. iv. Buyer shall pay all general real estate taxes and installments of special assessments payable in all years following the year of Closing. Authentlsign ID: F3E934DE-04FA-42A5-ACAi-887F345F7DA3 v. Attorneys' Fees. Each party shall pay its own attorneys' fees and expenses, even when arising from any default, collection action or other dispute hereunder. vi. The fees for any real estate representatives retained shall be paid by the party retaining such representative. 13. Representations and Warranties by Seller. To the best of Seller's knowledge, Seller represents and warrants to Buyer as follows: a. Seller's Documents. The documents delivered by Seller to Buyer at Closing will be valid and binding obligations of Seller, and will be enforceable in accordance with their terms. b. As -Is. Except as expressly set forth in Section 12 (h) below, (i) the City makes no representations or warranties regarding the Property, (ii) the City hereby disclaims, and Buyer hereby waives, any and all representations or warranties of any kind, express or implied, concerning the Property or any portion thereof, as to its condition, value, compliance with laws, status of permits or approvals, existence or absence of hazardous materials on site, occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property, including the warranties of fitness for a particular purpose, tenantability, habitability and use and (iii) Buyer takes the Property "AS IS", "WHERE IS" and "WITH ALL FAULTS". The Buyer is responsible for all remediation costs associated with the Property. c. Authority and Capacity. Seller has full authority to enter into this Agreement and complete capacity to understand the terms hereof. d. Risk of Loss. To the extent the Property suffers any damage prior to the Closing Date, Buyer shall have the option of canceling this Agreement. FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust," or "foreign corporation" under Internal Revenue Code Section 1445, and the rules and regulations promulgated thereunder. Methamphetamine Disclosure. Seller discloses and certifies that, to the best of Seller's knowledge, methamphetamine production has not occurred on the Property. g. Wells and Septic Systems. Seller certifies that Seller does not know of any wells within the Property, excepting closed environmental monitoring wells. Seller certifies that Seller is not aware of any septic system or other private sewer system on the Property. Authentisign ID: F3E934DE-84FA-42A5•ACAi-887F345F7DA3 h. Environmental Condition. Seller acknowledges there may be hazardous substances on the Property; the Property is not subject to any liens or claims by government or regulatory agencies or third parties arising from the release or threatened release of Hazardous Substances in, on or about the Property; Buyer acknowledges the Property may have been used in connection with the generation, disposal, storage, treatment and transportation of Hazardous Substances; Buyer acknowledges there may have been releases, spills or other discharges of Hazardous Substances on the Property. For purposes of this Agreement, the term "Hazardous Substances" includes but is not limited to substances defined as "hazardous substances," "Toxic substances" or "hazardous wastes" in the Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. §§9601, et seq., and substances defined as "hazardous wastes," "hazardous substances," "pollutants or contaminants" as defined in the Minnesota Environmental Response and Liability Act, Minnesota Statutes Section 115B.02, et seq. The Term "Hazardous Substances" also includes asbestos, polychlorinated biphenyls, petroleum (including crude oil or any fraction thereof), petroleum product or heating oil. i. FEMA 100-Year Flood Plain. Seller acknowledges the property is located within the FEMA 100-year floodplain. j. Airport Zoning Disclosure. If airport zoning regulations affect the Property, a copy of those airport zoning regulations as adopted can be viewed or obtained at the office of the county recorder where the Property is located. k. Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement on the terms herein. I. Proceedings. There is no action, litigation, investigation, condemnation, or proceeding of any kind pending or threatened against Seller or any portion of the Property. 14. Representations and Warranties by Buyer. Buyer hereby represents and warrants to Seller (as of the date of this Agreement and as of the Closing Date): a. Authority and Capacity. Buyer has full power, authority and capacity to enter into and perform this Agreement in accordance with its terms. b. Environmental Condition. Buyer acknowledges receipt of Phase 1 and Phase II environmental investigations, detailing the environmental condition of the property. Buyer further acknowledges receipt of the Response Action Plan for the property. Authentisign ID: F3E934DE-04FA-42A5-ACA1.887F345F7DA3 15. Final Property Inspection. Seller covenants that between the date of the execution of this Agreement and the Closing Date, Seller will continue to maintain the Property in a fashion that is lawful and consistent with Seller's past practices. Seller will not change or permit the change of the Property in any material way. In addition, Buyer shall be entitled to a final inspection of the Property prior to Closing. 16. Damage. If, prior to the Closing Date, all or any part of the Property is materially damaged casualty, the elements, or any other cause, Seller shall immediately give notice to Buyer of such fact. If the property is damaged by casualty, the elements or any other cause, then this Agreement shall be null and void at Buyer's option provided, however, that if Buyer desires to proceed with its purchase of the Property, Seller shall assign any available insurance proceeds to Buyer. 17. Assignment. Prior to the issuance of a Certificate of Occupancy for the Buyer, Buyer shall not make, or suffer to be made, any total or partial sale, assignment, conveyance, lease, or other transfer, with respect to this Agreement, the Development or the Property, or any part thereof or any interest therein, or enter into any contract or agreement to do any of the same, without the prior written approval of the City, which may be withheld in the City's sole discretion. No transfer of, or change with respect to, ownership in the Development or the Property or any part thereof, or any interest therein, however consummated or occurring and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Property and the completion of the Development that the City would have had, had there been no such transfer or change. No sale, assignment, conveyance, lease, or other transfer or approval by the City of the same shall be deemed to relieve Buyer, or any other party bound in any way by this Agreement or otherwise with respect to the completion of the Development, from any of its obligations with respect thereto. Notwithstanding the foregoing, Buyer shall be permitted to assign and/or convey its interest in the Agreement to a business entity in which Buyer holds an interest. 18. Notices. Any notice required or permitted to be given by any party upon the other is deemed delivered in accordance with this Agreement (a) four (4) business days after it is deposited in the United States mail; (b) 24 hours after it is deposited with a nationally - recognized over -night courier; (c) when it is personally delivered; or (d) when it is sent by electronic transmission, and addressed as follows: If to Seller City of Hutchinson ATTN: Miles R. Seppelt Economic Development Director 111 Hassan Street SE Hutchinson, MN 55350 Authentisign ID: F3E934DE-04FA-42A5-ACAi-887F345F7DA3 Email: mseppelt@ci.hutchinson.mn.us If to Buyer William Ask 13911 Ridgedale Dr. Suite 485 Minnetonka, MN 55305 Email: bill@hegenes.com Notices shall be deemed effective on the date they are deemed to be delivered. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 19. Survival. Those provisions set forth in this Agreement relating to representations, warranties, indemnification, proration and payment of expenses, and the availability of attorney's fees upon default of the surviving provisions, shall survive the termination of this Agreement. 20. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving five (5) business days written notice to Buyer. If Buyer fails to cure such default within 5 business days of the date of such notice, this Agreement shall terminate and Seller may retain the Earnest Money and/or exercise any and all rights and remedies available at law or in equity, including, but not limited to, the right to recover money damages and seek specific performance. If Seller defaults under this Agreement, Buyer shall give written notice to Seller. If Seller fails to cure such default within five (5) business days, Buyer shall have the right to terminate this Agreement without further notice and the right to seek recovery of money damages or to seek specific performance of this Agreement. 21. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 22. Choice of law. This Agreement shall be subject to and governed by the laws of the State of Minnesota and all questions concerning the meaning or intention of the terms of this Agreement or concerning the validity thereof, and questions relating to the performance hereunder shall be adjudged and resolved in accordance with the laws of the State of Minnesota. 23. Representation by Attorney. Seller and Buyer acknowledge that each has been represented by an attorney of its own choice with respect to entry into this Agreement or has had an opportunity to be represented by an attorney. Seller acknowledges and agrees that is representing Buyer in Authentlslgn ID: F3E934DE-04FA-42A5.ACA1-887F345F7DA3 regards to this Agreement, and has not provided any legal advice to Seller. Each party is responsible for its own attorney fees. 24. Time of Essence. Time is of the essence in all terms herein. 25. Scriveners Errors. Seller acknowledges and agrees that Buyer may correct any typographical or scrivener's errors in this Agreement without the consent of Seller in order to effectuate the terms of this Agreement. In the event Buyer makes any such revisions, Buyer will provide a copy of the revised document(s) to Seller. 26. Entire Agreement; Modification; Counterparts and Electronic Signatures. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver or amendment of any of its terms shall be effective unless in writing executed by the parties. This Agreement or any amendments may be executed in counterparts, which, taken together, shall constitute one original. The parties agree that this Agreement may be transmitted between themselves by facsimile, email or other electronic means. The parties intend that scanned, faxed, emailed or other electronically produced and/or transmitted signatures constitute original signatures and that a faxed, emailed or other electronically produced and/or transmitted agreement or counterparts containing the signatures of all the parties is binding upon the parties. 27. Buyer and Seller agree to accommodate each other in the event of a 1031 exchange. Seller and Buyer have executed this Agreement as of the date set forth above. SELLER City of Hutchinson By: Gary D. Forcier Its: Mayor and By: Matt Jaunich Its: City Administrator Authentisign ID: F3E934DE-04FA42ASACAI-887F345F7DA3 BUYER William Ask By: rf� Mama6p. 09h 812020 \;Miam Hsk, or assigns Its: Partner HUTCHINSON CITY COUNCIL Request for Board Action New bylaws for the Hutchinson Fire Dept. Relief Association (HFD-RA) Agenda Item: Department: Fire LICENSE SECTION Meeting Date: 10/27/2020 Application Complete N/A Contact: Mike Schumann Agenda Item Type: Presenter: Brandon Vik Reviewed by Staff M New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The HFD-RA has been working closely with the law firm of Flaherty & Hood P.A. to create a new set of by-laws to add the lump sum pension payout option. The main criteria that led to creating these new by-laws: -Create a lump sum option to promote Firefighter retention, improve long term fund stability/growth and reduce longterm liability to the fund. Ensure new bylaws are correct and legal, focusing on state statute and law reference throughout the document. Additional focal points included: keep retired and defferred members on the same existing monthly payout plan; current active Firefighters (FF) would have the option of monthly payout or the lump sum payout; new FF hires will only be eligable for a lump sum payout; lump sum payout must be financially equivalant to the exsiting monthly payout structure to give current active FF a fair option. Prior to this bylaw rewrite the HFD-RA is one of only two fire dpearmtent relief associations in the state that still offer only a monthly payout. Note: there is NO pension pay increase associated with these bylaws. BOARD ACTION REQUESTED: Review and Approval of New Bylaws for the Hutchinson Fire Dept. Relief Association (HFD-RA) Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A AMENDED BYLAWS OF THE HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION Amended October 8, 2020 Version 1 Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 - 1 - TABLE OF CONTENTS Article1: General............................................................................................... 3 Article2: Purpose.......................................................................................................... 3 Article3: Membership.................................................................................................. 4 Article 4: Membership Meetings................................................................................ 8 Article 5: Board of Trustees and Officers................................................................. 11 Article 6: Board Meetings.......................................................................................... 16 Article7: Funds........................................................................................................... 18 Article 8: Application for Benefits............................................................................ 21 Article 9: Service and Deferred Pensions................................................................ 24 Article 10: Ancillary Benefits.................................................................................... 27 Article 11: Limits on Benefits.................................................................................... 29 Article 12: Amendments and Dissolution............................................................... 30 AppendixA: Benefits................................................................................................. 31 Appendix B: Compensation...................................................................................... 32 Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -2- ARTICLE 1. GENERAL Section 1.1 Name. The name of the Association is the Hutchinson Fire Department Relief Association (the "Association"). The Hutchinson Fire Department Relief Association is organized, incorporated, and governed under Minnesota law and is directly associated with the Hutchinson Fire Department. ection 1.2 Type. The Association is a defined -benefit lump -sum relief Association subject to Minn. Stat. §§ 424A.015; 424A.02; and 424A.091 to 424A.094. All benefits Commented [AMH1]: I moved this sentence here to be more in -line with the OSA model rules and to align better with the organizational identity vs. the purpose. provided by this Association derive from and are governed by Federal and State laws and these bylaws.) Commented [AMH2]: I added references to Minnesota Statute or other laws, as appropriate. ection 1.3 Books and Records. The Association will keep, at a minimum, correct and complete copies of its articles of incorporation and bylaws, accounting records, records documenting Special Fund transactions, records necessary to determine benefits payable and paid to individual members and their beneficiaries, and minutes of each of its meetings that record the votes of actions taken. Unless a Records Retention Schedule is adopted and the Minnesota Historical Society has been notified or authority to destroy records is received from the Records Disposition Panel, relief Association records may not be destroyed ection 1.4 Fiscal Year. The Association's fiscal year begins on January 1 of each calendar year and ends on December 31 of the same calendar year.) ARTICLE 2. PURPOSE Commented [AMH3]: This is a requirements for all Fire Department Relief Associations. It is an area that is often missed by local organizations, as it is a part of the Minnesota record retention and MNHS statutes. I have included links to the applicable schedules in the cover email. Commented [AMH4]: This aligns with the previous definition of an "accounting date," which is not the preferred terminology or otherwise used in the document. Section 2.1 Purpose. The purpose of the Hutchinson Relief Association is to provide retirement and other benefits to its members and theirbeneficiariesl. The Hutchinson Commented [AMHs]: "Beneficiary" is the more Fire Department Relief Association is a governmental entity that receives and manages appropriate term, as some beneficiaries are not dependents. public money with a primary purpose to provide retirement benefits to individuals providing the government services of firefighting and emergency first response through service in the Hutchinson Fire Department. Hutclimson Fire Department Relief Association Bylaws: Ratified October 8, 2020 ARTICLE 3. MEMBERSHIP Section 3.1 Qualification for Membership. All individuals who meet the following requirements are eligible to apply for Active Membership in the Association: (1) Firefighters. Engaged in or qualified to provide fire suppression or fire prevention dut (2) Work for Hutchinson Fire Department. In Active Service of the Hutchinson Fire Department, pursuant to § 3.9, and (3) uirements for Association. Meet any additional standards established by the Association. Section 3.2 Application. Application for Active Membership shall be made in writing on a form supplied by the secretary of the Association. All applications will be reviewed and acted upon by the Board of Trustees within 90 days from the date of application. ection 3.3 Exclusions. (a) The (Board of Trustees shall have the right to exclude any applicant for Active Membership who has some medically determinable physical or mental impairment or condition, which would constitute a predictable and unwarranted risk of imposing liability for an ancillary benefit at any age earlier than the minimum age specified for receipt of a service pension. (Prior to the acceptance of any application, the Board of Trustees may require an applicant to present for consideration (1) the report of the physician completing a physical examination physician undertaken at the expense of the relief Association and present the report to the Board of Trustees and (2) the applicant's medical history (b) A minor may not be a member of the Association. Section 3.4 Termination for Cause. Any member may be terminated from the Association for cause by a majority vote of the Board of Trustees at a regular or special meeting. Cause for termination includes, but is not be limited to, discharge from the Hutchinson Fire Department, failure to account for money belonging to the Association, Hutclunson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -4- Commented [AMH6]: I changed the definition from "active firefighters" to the "engaged in or qualified to" language to match statutory language and language used in other parts of the bylaws. The change also makes it clear Lieutenants, Battalion Chiefs, etc. are included in membership. Commented [AMH7]: The deferred and retired members will be covered elsewhere. Commented [AMH8]: This provision directly conflicts with the exclusion provisions. Commented [AMH9]: Moved to the Exclusions section. Commented [AMH10]: The Board, not the Association, makes the decision regarding membership. (The CISA does use Association here, but we find it best to be clear who is making the decisions on membership exclusions.) Commented [AMH11]: Under Minn. Stat. § 424A.01, Subd. 4, a "good and valid defense" to a disability discrimination action is for the board of Trustees to make a determination after consideration of the applicant's medical history AND the report of a physician completing an examination at the expense of the relief Association. Cost of the medical examination is an authorized administrative expense under Minn. Stat. § 69.80(a)(4). or feigning illness or injury for the purpose of defrauding the Association. Notice of the meeting and a written statement of charges shall be given to such member and the member shall be given an opportunity to be heard at the meeting. Section 3.5 Termination by Resignation. Any member who resigns from the Hutchinson Fire Department or the Association before vesting partial rights according to these bylaws may be terminated by a majority vote of the Board. No notice or statement of charges need be given to the member before the vote. Section 3.6 Categories of Membership. Members of the Association shall be classified in one of three categories: active, deferred, or retired. The categories are defined as follows: a) Active Member: A member of the Association who is a member of the Hutchinson Fire Department engaged in or qualified to provide fire suppression or fire prevention duties. b) Deferred Member: A member of the Association who has: (1) Firefighter with Hutchinson FD. Completed a minimum of 15 years of service as a member of the Hutchinson Fire Department engaged in or qualified to provide fire suppression or fire prevention duties; (II) Member in good standing of the Association. Completed a minimum of 15 years as an Active Member in good standing in the Association; and (111) Not reached minimum age. Has separated from service as an active member of the Hutchinson Fire Department before age 50. c) Retired Member: A member of the Association who is drawing a pension under the bylaws of the Association. (Membership in the association ends when a lump sum pension is paid.) Hutclunson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -5- Commented [AMH12]: This provision clarifies that members who have received a lump sum pension are NOT retired members of the association. Only members with an ongoing pension are retired members. Section 3.7 Voting Rights. All members of the Association shall be entitled to one vote on any matter voted upon by the membership. Voting by proxy is not permitted. Section 3.8 Membership Start Date. Membership in the Association begins on the date a firefighter is hired by the City. Section 3.9 Active Service. The performance of supervising or providing fire suppression or fire prevention duties for the Hutchinson Fire Department meeting the minimum requirements as specified in the Hutchinson Fire Department personnel rules. Section 3.10 Certification of Service Credit. Annually, by March 31, the Fire Chief must certify the service credit for the previous calendar year of each member rendering Active Service with the Fire Department, pursuant to Minn. Stat. § 424A.003. The certification must be made to an officer of the Association and to the city clerk or clerk - treasurer. Section 3.11 Years of Service Credit. Years of service credit mean the number of complete years, as measured in 12-month periods, including periods of time where months were non-consecutive, where a member performed Active Service for the Hutchinson Fire Department. Service pensions and ancillary benefits will not be prorated for fractional years of service (i.e., a member only receives credit for each complete year of service). Section 3.12 Break in Service. If a member is unable to perform the duties of a firefighter for any reason, including an approved leave of absence, the member shall be considered to have a break in service and shall not receive service credit in the Association for that period of time, except that this section does not apply to breaks in service mandated by Federal or state law, such as the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), Minn. Stat 424A.021, and the family and Medical Leave Act (FMLA), 29 U.S.C. 2601, et al. Section 3.13 Return to Service. Any firefighter who has ceased to perform or supervise fire suppression and fire prevention duties for at least 60 days, including former Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -6- members who have received payment of a service pension or disability benefit, shall be eligible to resume active membership in the Association should the firefighter resume active firefighter duties with the fire department If the firefighter has previously received payment of a service pension or disability benefit, the firefighter may be eligible for a second pension or benefit for the resumption period of service if the firefighter meets the vesting requirements defined in these bylaws based on the resumption years of service. No firefighter may be paid a service pension twice for the same period of service. If the firefighter has not received payment of a service pension or disability benefit, the firefighter must complete at least 5 years of active service with the fire department upon a resumption of the active service. If the firefighter completes the minimum period of resumption service specified in this Section prior to a subsequent cessation of firefighting duties, the firefighter shall receive a service pension (if vested) for all years of active service (and months, if applicable) calculated at the benefit level in effect on the date of the firefighter's final cessation of duties. If the firefighter does not complete the minimum period of resumption service specified in this section prior to a subsequent cessation of duties, the firefighter shall receive a service pension (if vested) for all years of active service (and months, if applicable) calculated at the benefit level in effect at the time of the firefighter's final cessation of duties. Section 3.14 Uniformed Service Credit. A member who is absent from firefighting service because of service in the uniformed services may obtain service credit for the period of the uniformed service, not to exceed five years, unless a longer period is required by Federal law, if the volunteer firefighter returns within the time frame required by Federal law to firefighting service with coverage by this same Association or its successor upon discharge from service in the uniformed service. Service credit will not be given if the firefighter separates from uniformed service with a dishonorable or bad conduct discharge or under other than honorable conditions. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 For further explanation on eligibility for this service credit, members should review Minn. Stat. 424A.021 and 38 U.S.C. § 4303(13) ("service in the uniformed services") for the definitions and limitations that this statute provides. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -8- ARTICLE 4. MEMBERSHIP MEETINGS Section 4.1 Annual Meetings. The annual meeting of this Association shall be held on the first Monday in February each year. The place of the meeting shall be designated and may be changed from time to time by the Board. If the date of the annual meeting falls on a legal holiday, it shall be held on the next succeeding Monday. Section 4.2 Special Meetings. Special meetings of the Association's membership may be called at any time (provided ten days' notice is given to the membership pursuant to Section 5.3) upon written order of the President and one other member of the Board or of two members of this Association. In either case, the order shall be filed with the Secretary who shall thereupon give notice of the meeting to each member of the Board or to each member in this Association entitled to vote at the meeting. No other business shall be transacted at the special meeting than that specified in the notice of the meeting. Section 4.3 Notice of Meeting. Each Member shown by the books of the Association shall be given notice of any annual meeting or special meeting by mail, e-mail, telephone, fax, or in person, at least ten days and not more than 60 days before the date of the meeting. Notice of meetings shall also be posted on the board at the fire station. The notice must contain the date, time, and place of the meeting, and the purpose of the meeting. Section 4.4 Quorum. Twenty five percent (25%) of members shall constitute a quorum for the transaction of business. The members present at a duly called or held meeting, at which a quorum of the members is present, may continue to transact business until adjournment notwithstanding the withdrawal of enough members to leave less than a quorum. In case a quorum is not present at any meeting, those present shall have the power to adjourn the meeting from time to time, without notice or other announcement at the meeting, until the requisite number of members shall be represented. Any business may be transacted at such reconvened meeting that might have been transacted at the meeting which was adjourned. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 Section 4.5 Voting. At each meeting of the members, every member shall be entitled to vote in person but not by proxy. Each member shall have one vote. Upon demand of any member before the vote, the vote for Trustees or the vote upon any question before the meeting shall be by ballot. All elections shall be had and all questions decided by a majority vote of the number of members entitled to vote and present at any meeting at which there is a quorum, except in such cases as shall otherwise be required or permitted by Statute, these bylaws, or by agreement approved by majority of all members. Section 4.6 Presiding Officer. The appropriate Officers of the Association shall preside over all meetings of the members; provided, however, that in the absence of an appropriate Officer at any meeting of the members, the members in attendance shall choose any member present to act as presiding Officer of the meeting. Section 4.7 Conduct of Meetings of Members. Subject to the following provisions, and where not inconsistent with state law, meetings of the members shall follow the "Scott, Foresman Edition of Robert's Rules of Order." 1. The chair of the meeting shall have absolute authority over matters of procedures and there shall be no appeal from the ruling of the chair. If the chair, in its absolute discretion, deems it advisable to dispense with the rules of parliamentary procedures as to any one meeting of members or part thereof, the chair shall state and shall clearly state the rules under which the meeting or appropriate part thereof shall be conducted. 2. If disorder should arise which prevents continuation of legitimate business of the meeting, the chair may quit the chair and announce the adjournment of the meeting; and upon the chairs so doing, the meeting shall immediately be adjourned. 3. A resolution or motion shall be considered for vote only if proposed by a member and seconded by a member other than the individual who proposed the resolution or motion. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -10- Section 4.8 Order of Business. The suggested order of business at the annual meeting of members and so far as possible at all meetings of the members shall be: 1. The meeting shall be called to order by the President, who shall be chair, at the time and on the date of the meeting. 2. Calling of the roll. 3. Reading and disposing of any unapproved minutes. 4. Annual reports of all Officers and committees. 5. Election of Trustees. 6. Unfinished business. 7. New business. 8. Adjournment. Section 4.9 Inspectors of Election. The Board in advance of any meeting of members may appoint inspectors to act at such meetings or any adjournment thereof. If inspectors of election are so appointed, they or the person acting as chair of any such meeting may and, on request of any member, shall make such appointment. In case any person appointed as inspector shall fail to appear or act, the vacancy may be filled by appointment made by the Board in advance of the meeting, or at the meeting by the Officer or person acting as chair. No inspector, whether appointed by the Board or by the Officer or person acting as chair, need be a member of the Hutchinson Fire Department Relief Association. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 ARTICLE 5. BOARD OF TRUSTEES AND OFFICERS Section 5.1 Power of the Board of Trustees. (a) The property, affairs, and business of the Association shall be managed by the Board of Trustees ("Board"). The Board is the governing body and has exclusive control of the investment of the Association's plan assets in conformance with Federal and State law including, but not limited to, Minnesota statutes and these bylaws. (b) The Board will invest and reinvest the Association's plan assets, determine benefits, determine eligibility for membership or benefits, determine the amount or duration of benefits, determine the funding requirements or amounts of contributions, oversee the expenditure of plan assets, and select financial institutions and investment products. Section 5.2 Board of Trustees. The Board shall consist of nine members (Trustees). Six of the Trustees shall be elected from the general membership of the Association. One of the six Trustees may be a retired member. There shall also be three ex-officio municipal Trustees: the fire chief, one elected City official, and one appointed or elected City official. The two city officials must be designated annually by the City of Hutchinson City Council. An ex-officio Trustee shall have all the rights and duties accorded to any other Trustee except the right to be elected an Officer. Section 5.3 Term. Non -municipal Trustees are elected from and by the Association membership for three-year terms. The election of the Trustees will be staggered, with two Trustees elected at each annual meeting of the membership. Section 5.4 Vacancies. Vacancies in the position of non -municipal Trustee may be filled by the Board in the form of an appointment for the unexpired portion of the term. Section 5.5 Removal of Trustees. One or more Trustees may be removed from office by a majority vote of the members of the Board for failure to attend two or more consecutive regular meetings of the Board as defined in Section 6.1 hereof. Trustees may be removed from office by a majority vote of the Board for cause, which includes but is not limited to, willful misconduct, conviction of a felony, or breach of fiduciary Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 responsibility to the Association. A Trustee may be removed without cause by a two- thirds (2/3) majority vote of the Association membership. No Trustee shall be removed from office pursuant to this provision unless notice of the annual or special meeting at which the removal is to be considered states such as purpose. When a member of the Board of Trustees has been removed, the vacancy on the Board of Trustees may be filled by a vote of a majority of the remaining Trustees acting at the same meeting. Section 5.6 Number of Officers. The President, Vice -President, Secretary, and Treasurer will be elected from among the elected Trustees by the full Board for one-year terms. The Board may choose other officers as may be needed from time to time for one-year terms. In no event shall any Trustee hold more than one office. Section 5.7 President. The President will actively manage the business of the Association. The President shall preside at all meetings of the members. The President will enforce the due observance of the law, including Minnesota statutes, the articles of incorporation, and the bylaws of the Association. The President will ensure that the Officers properly perform the duties assigned to them. The President shall see that all orders and resolutions are carried into effect. The president shall be an ex-officio member of all standing committees. The President may execute and deliver, in the name of the Association, any bonds, contracts, or other instruments pertaining to the business of the Association as may be prescribed from time to time by the Board, and in general shall perform all duties incident to the office of President and such other duties as may from time to time be assigned to him by the Board. Section 5.8 Vice -President. The Vice -President shall have such powers and shall perform such duties as may be specified in these bylaws or prescribed by the Board. In the event of absence or disability of the President, the Vice -President shall succeed to the office of President and assume all powers and duties in the order in which they were elected or as otherwise prescribed by the Board. Section 5.9 Secretary. The Secretary shall be secretary of and shall attend all meetings of the Board. The Secretary shall act as clerk thereof and shall record all the proceedings Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -13- of such meetings in the Minute Book of the Association. The Secretary shall give proper notice of the meetings of the Board and the Association. The Secretary will keep a correct record of all amendments, alterations, and additions to the bylaws in a book separate from the Minute Books of the Association. The Secretary will prepare all paperwork and obtain signatures required for benefits due. The Secretary will keep individual files and a roll of membership, with the date of joining, resignation, discharge, retirement, dues, and service pensions and ancillary benefits paid. The books of the Secretary will be at all times open to the Board. The Secretary will prepare and process all correspondence as needed. The Secretary will, jointly with the Treasurer, prepare and file all reports and statements required by law, including reports to be filed with the Office of the State Auditor (OSA). The Secretary shall perform such other duties as may be prescribed from time to time by the Board or by Minnesota Statute. The duties herein, other than statutory duties, may be assigned to a contracted person at the discretion of the Board. Section 5.10 Treasurer. The Treasurer shall keep accurate accounts of all moneys of the Association received or disbursed. The Treasurer shall deposit all moneys, drafts, and checks in the name and to the credit of the Association in such banks and depositories as the Board shall designate from time to time. The Treasurer shall disburse the funds of the Association as authorized by the Board. The Treasurer will keep separate and distinct accounts of the Special Fund and the General Fund, if applicable, and will prepare and present to the Board a full and detailed statement of the assets and liabilities of each fund separately, prior to the annual meeting of the Association, and upon requests of the Board. The Treasurer shall perform such duties as may be prescribed from time to time by the Board or Minnesota Statute. The duties herein, other than statutory duties, may be assigned to a contracted person at the discretion of the Board. Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements required by law. The Treasurer will deliver to the Treasurer's successor in office, or to any committee appointed by the Board to receive the same, all monies, books, papers, etc., pertaining to the Treasurer's term in office immediately upon the expiration of the Treasurer's term in office. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -14- The Treasurer shall, prior to entering upon the duties of office, give a bond in such amounts and with such sureties as may be required and approved by the Board of Trustees and the governing body, conditional upon the faithful discharge of trust and the faithful performance of the duties of office. The premium for the bond shall be paid from the special fund of the Association. The amount of the bond will be equal to at least ten percent (10%) of the assets of the Association; however, the amount of the bond need not exceed $500,000. Section 5.11 Report. At the end of the year, the Secretary and Treasurer shall jointly prepare a detailed annual report of the receipts and expenditures for the year showing for what purpose all money has been paid. Such report shall be prepared on or before the annual meeting of the Association. ection 5.12 Continuing Education. The Board will develop and periodically revise a program for continuing education. The Trustees will participate in continuing education to keep themselves abreast of their fiduciary responsibilities.) Commented [AMH13]: This is anew requirement under 1 I 356A.13, subd. 2. 11 Section 5.13 Fiduciary Responsibility. �he members of the Board will act as Trustees, with a fiduciary obligation to the active, deferred, and retired members of the Association, who are its beneficiaries; the taxpayers of the municipality, who help to finance the plan; and the State of Minnesota, which established the plan. In the Commented [AMH14]: This is the specific fiduciary discharge of their respective duties, the Officers and Trustees shall be held to the responsibility outlinined in 356A.04 for firefighter relief Associations. Fiduciaries obligations are owed to someone, standard of care enumerated in Minn. Stat. § 11A.09. In addition, the Trustees must act rather than just a general duty overall. in accordance with the applicable provisions of Minn. Stat. Ch. 356A No Trustees of the Hutchinson Fire Department Relief Association shall cause the Association to engage in a transaction if the fiduciary knows or should know that a transaction constitutes one of the following direct or indirect transactions: 1) Sale or exchange or leasing of any real property between the Association and a Board member; 2) Lending money or other extension of credit between the Relief Association and a Board member or member of the Association; Hutclunson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -15- 3) Furnishing of goods, services or facilities between the Association and a Board member; or 4) Transfer to a Board member, or use or for the benefit of a Board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law. Section 5.14 Compensation. Officers of the Association identified in Attachment B may be paid a salary out of the Special Fund. The amount paid in salary is limited to the amount listed in Attachment B. For all Trustees, itemized expenses eligible for reimbursement are limited to those expenses incurred as a result of fulfilling responsibilities as administrators of the Special Fund. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -16- ARTICLE 6. BOARD MEETINGS Section 6.1 Regular Meetings. Regular meetings of the Board shall be held at least once a year at such time and place as may be fixed by resolution adopted by a majority of the whole Board. Section 6.2 Election of Officer Meetings. As soon as practical after each annual meeting of the members, the Board shall meet for the purposes of organization and electing the following Officers: President, Vice -President, Treasurer, and Secretary for a term of one year and/or until their successor is elected Section 6.3 Special Meetings. Special meetings of the Board may be called by the President, or by any two Trustees. Notice of the special meeting shall be given by the secretary, who shall give at least 72 hours' notice thereof to each Trustee by mail, e- mail, telephone, fax, or in person. Section 6.4 Notice of Board Meetings. Notice requirements of the Minnesota Open Meeting Law (Minn. Stat. Ch. 13D) will be followed for all Board meetings. A schedule of the Board's regular meetings will be kept on file at the Board's primary office. For special meetings (including any regular meeting held at a time or place different from the time or place stated in the schedule of regular meetings), the Board will post written notice of the date, time, place, and purpose of the meeting on the Board's principal bulletin board, or if the Board has no such bulletin board, on the door of its usual meeting room. The notice will also be mailed or delivered to each person who has filed a written request for notice with the Board. The notice will be posted and mailed or delivered at least three days before the date of the meeting. If a meeting is a recessed or continued session of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of that meeting, then no further published or mailed notice is necessary. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 Section 6.5 Quorum. A majority of the Board, excluding the ex-officio members, shall constitute a quorum for the transaction of business; provided however, that if any vacancies exist by reason of death, resignation, or otherwise, a majority of the remaining Trustees, but not less than two Trustees, shall constitute a quorum for the conduct of business. If less than a quorum is present at any meeting, a majority of the Trustees present may adjourn the meeting. Section 6.6 Voting. Each Trustee is entitled to one vote and each has equal rights. Voting by proxy is not permitted. Section 6.7 Order of Business. The meeting shall be concluded in accordance with the "Scott, Foresman Edition of Robert's Rules of Order," and the suggested order of business at any meetings of the Board of Trustees shall be: 1. The meeting shall be called to order by the President at the time and on the date of the meeting. 2. Roll call. 3. Reading and disposal of any unapproved minutes. 4. Reports of Officers and committees. 5. Annual board elections (15t meeting after annual meeting) 6. Unfinished business. 7. New business. 8. Adjournment. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 _18_ ARTICLE 7. FUNDS Section 7.1 General Fund. Money received from any nonpublic source, such as the funds received by this Association from dues, fines, initiation fees, entertainments, and other miscellaneous sources shall be kept in the general fund by the Treasurer and may be disbursed by the Board for any purpose reasonably suited to the welfare of the Association and its members or for equipment and maintenance of the Hutchinson Fire Department. Section 7.2 Special Fund. All public funds, including funds received by this Association from the tax levied by the City Council of Hutchinson for the fire department relief, all funds received from the gross premiums tax levied by the State of Minnesota on fire insurance and related insurance policies, and all funds or property donated, granted, or devised of this Association for the benefit of this fund shall be kept in a special fund on the books of the secretary and treasurer and shall not be disbursed for any purpose except those authorized by Minnesota Statute § 424A.05, Federal law, and these bylaws. Section 7.3 Disbursements. No disbursements of the funds of this Association shall be made except by checks drawn by the treasurer and countersigned by the President, Vice -President, or Secretary of the Association. Except when issued for salaries, pensions, or other fixed charges, the exact amount of which has been previously determined by the Board of Trustees, no check shall be issued until the claim to which it relates has been approved by the Trustees. The Association may only make disbursements by electronic fund transfers if the specific method of payment and internal control policies and procedures regarding the method are approved by the Board. 1.) Authorized administrative expenses shall be in accordance with the laws of Minnesota Chapter 69, as amended, as follows: Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 _19_ a) Office expense including but not limited to rent, utilities, equipment, supplies, postage, periodical subscription, furniture, fixtures, and salaries of administrative personnel. b) Salaries and itemized expenses of the President, Secretary, and the Treasurer of the Association or their designees, incurred as a result of fulfilling their responsibilities as administrators of the special fund. c) Tuition, registration fees, organizational dues, and other authorized expenses of the Officers or members of the Board of Trustees incurred attending educational conferences, seminars, or classes relating to the administration of the relief Association. d) Audit, actuarial, medical, legal and investment expenses. e) Reimbursement to the Officers and members of the Board of Trustees, or their designees, for reasonable and necessary expenses actually paid and incurred in the performance of their duties as Officers or members of the board; and f) Premiums on fiduciary liability insurance and official bonds for the Officers, members of the Board of Trustees, and employees of the Hutchinson Fire Department Relief Association. Section 7.4 Deposits. All money belonging to this Association shall be deposited in such banks, trust companies, or other such depositories as the Board may designate. Section 7.5 Investments. The funds of this Association may be invested by the Board of Trustees in such income paying properties and securities as may be authorized by the Board of Trustees an in compliance with the laws of the State of Minnesota. 1) The Board of Trustees shall investigate and prepare for the safe and profitable investment of Association funds in conformance with State Statutes, the Bylaws and the investment policy of the Hutchinson Fire Department Relief Association. 2) The Board of Trustees may designate two or more Association members to sit on an investment committee. The Treasurer, the President, and an ex - Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -20- officio member shall sit on the committee. The investment committee shall investigate and make recommendations to the Board of suitable investments for Association funds among those permitted by Statute, the Bylaws, and the investment policy. 3) The Special Fund assets will be invested only in securities that are authorized by Minn. Stat. §§ 356A.06, subd. 6; and 356A.06, subd. 7. 4) The Board will have on file a copy of the investment policy of the Association. The Board will file a copy of the Association's investment policy, and all changes to the policy, with the Office of the State Auditor. Section 7.6 Brokers Certification. The Board of Trustees shall comply with Minnesota Statute 356A.06, subdivision 8B that requires relief Associations to provide annually to any brokers, a written statement of investment restrictions pursuant to statutes or the investment policy that apply to the special fund. Upon receipt of the written statement of the investment restrictions, each broker handling investments of the Association shall acknowledge in writing, annually, the receipt of the investment restrictions. The Broker Certification shall contain a statement of the Broker's agreement to handle the Association's investments pursuant to written restrictions, using the form prepared by the Office of the State Auditor. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 _21_ ARTICLE 8. APPLICATION FOR BENEFITS Section 8.1 Notice of Intent to Take Distribution. Each member who intends to take distribution of a service pension, including a deferred service pension, from the Association must notify the Secretary, in writing, not less than 90 days prior to the intended date of distribution. Upon receipt of the notice, the Secretary will provide to the applicant an Application for distribution and any forms or notices required by Federal or State law. No notice is required for ancillary benefits. All applications for pension benefits or deferred pension status shall be made in writing on forms supplied by the Secretary. The Secretary shall also provide any forms or notices required by Federal or State law. Section 8.2 Application for Pensions. All applications for pensions or deferred pension status shall be submitted to the Board for approval at a regular or special meeting of the board. 1.) Applications shall be signed and verified by an oath of the applicant and shall state the following: a.) The age and date of birth of the applicant. b.) The length of time the applicant has been a member of the Association. c.) Such other information as the Board may require by including requests for information or questions on an application form for benefits that has been adopted by the Board. 2.) Applications for pension benefits may be made by or on behalf of the applicant within 90 days after the date upon which a pension would commence, and no pension benefit shall be paid for a period covering more than 90 days before the application is made. Section 8.3 Approval of Application and Conditions. No benefits or pension shall be paid until the application has been approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the payment of such benefits or Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 _22_ pensions. No person receiving a pension or on deferred pension status shall be paid any other benefits by this Association. Except as provided in Section 9.5, no service pensions shall be paid to any person while the person remains in Active Service to the Hutchinson Fire Department. Pension payments shall commence with the first month after the application has been approved. No fractional payments shall be made for the month during which the member retires or the application is approved. Section 8.4 Procedure for Review. In the event the Board of Trustees denies an application for a service or ancillary pension benefits, the member shall be entitled to the right to appeal the determination. Intent to appeal the determination shall be delivered in written form to the secretary and shall be certified by the Board within 30 days of receipt of the denial of the application by the Board. 1.) If an application is not approved, the Board shall return the application to the applicant within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board, on the question of whether the applicant meets all of the eligibility requirements. The member shall indicate that the member intends to appeal by furnishing the Board with written intent to appeal. The intent to appeal shall be certified by the member. 2.) Upon receipt of the written intent to appeal, the Board of Trustees shall hold a special meeting within 60 days of receipt of the intent to appeal. Timely notice of the meeting shall be given to the member at least 15 days prior to the special meeting. The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative determination. Section 8.5 Benefits for certain fulltime firefighters. Notwithstanding any bylaws to the contrary, the Association may pay or continue paying a service pension to a member who has not separated from active service with the Hutchinson Fire Department if: Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -23- 1) The person is employed subsequent to retirement as a firefighter by the Hutchinson Fire Department to perform duties within the Hutchinson Fire Department on a full-time basis; and 2) The governing body of the Hutchinson Fire Department has filed a determination with the Association Board of Trustees that the person's experience with and service to the Hutchinson Fire Department in the person's full time capacity would be difficult to replace; and 3) The person otherwise meets the requirements of Minnesota Statute, Chapter 424A, including Minnesota Statute 424A.02, subdivision 1 and is authorized to receive a service pension. Section 8.6 Governing Benefit Plan Provisions. All service pensions, deferred service pensions, and ancillary benefits payable by the Association are governed by and must be calculated based on the State law, Association bylaw provisions, and Association articles of incorporation in effect on the earlier of the following dates: (1) the data on which the member separates from active service OR (2) the date on which a member begins a break in service that continues until the member separates from active service. I commented [AMHtS]: Minn. Stat. § 414A.01s, Subd. 6 governs under what rules benefits are calculated. In short, the benefit is calculated based on the laws/rules in place the day the member separates from service before drawing a pension/benefits. Hutclunson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -24- ARTICLE 9. SERVICE AND DEFERRED PENSIONS Section 9.1 Service Pensions. Upon the member's meeting the following requirements in Section 2 of this Article and following the submission and approval of an Application for Distribution, the Association will pay the member out of the Special Fund the benefit level for each year that the member served as an active member of the Fire Department up to 30 years. The benefit level amounts can be found in Attachment A. A reduced service pension may be paid according to the partial vesting schedule contained in Section 4 of this Article. Section 9.2 Eligibility. To receive a service pension, a member must meet the following requirements: 1. Have separated from Active Service with the Fire Department; 2. Be at least 50 years of age; 3. Be partially vested by having completed at least 15 years of Active Service with the Fire Department, or be fully vested by having completed at least 20 years of active service with the Fire Department; and 4. Be partially vested by having completed at least 15 years of membership with the Association, or be fully vested by having completed at least 20 years of membership with the Association. Section 9.3 Deferred Status. A member who has otherwise met the eligibility requirements defined in Section 2 of this Article but who has not yet reached 50 years of age may not collect a service pension at the time of separation from active service. The member will be placed on deferred status and be entitled to receive the service pension upon reaching 50 years of age and following submission and approval of an Application for Distribution. A member who has met the eligibility requirements defined in Section 2 of this Article and who has reached 50 years of age, but who chooses not to immediately submit an Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -25- Application for Distribution following the member's separation from active service will be placed on deferred status and be entitled to receive the service pension following submission and approval of the Application for Distribution. No interest will be credited during the period of deferral on a deferred lump -sum service pension. Section 9.4 Partial Vesting Schedule. All partial service pensioners are entitled to the non -forfeitable portion of a pension based on the member's years of service in the amount indicated upon reaching age 50 and meeting the other qualifications for receipt of a pension: Completed Years' Service Non -forfeitable percentage 15 80 percent 16 84 percent 17 88 percent 18 92 percent 19 96 percent 20 and thereafter 100 percent Section 9.5 Payments. (a) Default Option: Lump -sum Payment. All members will receive a single lump -sum payment payable to the retiring member (subject to current income tax withholding requirements) unless eligible to make an election pursuant to subsection (b) of this Section. A supplemental benefit will be paid out of the Special Fund to individuals who receive a lump -sum distribution of a service pension. The amount of the supplemental benefit to be paid is ten percent of the regular pre-tax lump -sum distribution, excluding any interest that may have been credited during the period of deferral, but not to Commented [AMH16]: A supplemental benefit is exceed $1,000. required by Minn. Stat. § 424A.10, subd. 2. Hutchmson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -26- (b) Only eligible members may elect Monthly Payments. Active Members hired before October 8, 2020, at the option of the retiring member at the time of requesting benefits, may choose to receive a monthly benefit service pension for the remainder of the member's natural life and, thereafter, a surviving spouse as made in lieu of a single lump -sum service pension. The election of either option is irrevocable. Section 9.6 Future increases. Any future increases in pension benefits would apply to all active members and may include increases for deferred members, retired members, and/or beneficiary. Postretirement increases are applicable only to retired members and ancillary benefit recipients receiving a monthly service pension or monthly ancillary benefit as of the effective date of the bylaw amendment. Section 9.7 Unclaimed Benefits. In the event that the Association is unable with reasonable effort to locate a member or a survivor of a member entitled to payment or distribution under these bylaws or by State law, the benefit distributable to such member or survivor of such member will be forfeited and will be credited to the Special Fund. Efforts to locate a member or survivor must be documented. Forfeiture will occur no earlier than thirty-six (36) months after the Board concludes the Association was unable to locate such member or survivor despite reasonable efforts to locate them. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -27- Section 10.1 Lump -Sum Survivor Benefit. For non -retired members who die after October 8, 2020, upon the death of a member of the Association and following the submission and approval of an Application for Distribution, a survivor benefit will be paid out of the Special Fund to the member's surviving spouse; if there is no surviving spouse, to the member's surviving children; if there is no surviving spouse and there are no surviving children, to the member's designated beneficiary. If no beneficiary has been designated and if the deceased member was active or deferred, the survivor benefit will be paid as a death benefit to the estate of the deceased member. If there are no surviving children, the member's surviving spouse may waive, in writing, wholly or partially, the spouse's entitlement to a survivor benefit, so that the survivor benefit may be paid directly to the member's designated beneficiary. A trust created under Chapter 501B may be a designated beneficiary if the survivor benefit will be distributed as a one-time lump -sum payment. If a trust was created and is payable to the surviving children and there is no surviving spouse, the survivor benefit will be paid to the trust. For active members, a survivor benefit equal to the benefit level for each year that the member served as an active firefighter in the Fire Department, without regard to minimum or partial vesting requirements, but in no case less than five times the benefit level in effect on the date of the death, will be paid if, upon death, the member had not yet separated from active service. The benefit level can be found in Attachment A. A supplemental survivor benefit will be paid out of the Special Fund when a lump -sum survivor benefit is paid. The amount of the supplemental survivor benefit to be paid is 20 percent of the survivor benefit, but not to exceed $2,000. Section 10.2 Break in Service Survivor Benefit. If a member had a break in service at the end of the member's firefighting career and did not resume active service before the member's death, the survivor benefit must be calculated using the State law, bylaw Hutclunson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -28- Commented [AMH17]: Minn. Stat. § 424A.02 directs how benefits MUST be paid in cases of lump -sum survivor benefits. With a lump sum, if the member reaches retirement, the full amount is already paid, so the survivor benefit only applies to non -retired (active and deferred) members who die prior to retirement. provisions, and articles of incorporation that are in effect on the date on which the member began the break in service. Section 10.3 Surviving Spouse of Monthly Benefit Retired Member. (Upon the death of a retired member who had elected a monthly benefit, a survivor benefit of 75% of the deceased member's monthly benefit will be paid out of the Special Fund to the member's surviving spouse for the life of the surviving spouse.) Section 10.4 No Additional Financial Benefit. Except for the relief expressly identified for survivors in these bylaws, a member or former member's surviving spouse, child or children, designated beneficiary, and/or estate are not entitled to any other or further relief or benefits from the Association. Section 10.5 Death Benefit. A death or funeral benefit shall not be paid by this Association. Section 10.6 Disability Benefit. Disability benefits are not provided by this Association. Hutclunson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -29- Commented [AMH18]: Because only a retired member may choose a monthly benefit, the provisions for the surviving spouses of active/deferred members is now in the lump -sum portion of the bylaws. ARTICLE 11. LIMITS ON BENEFITS Section 11.1 Domestic Relations Order. A qualified domestic relations order shall be accepted by the plan administrator if in compliance with state law. Anyjudgment, decree, or order (including approval of a property settlement agreement) that complies with the provisions of Minnesota Statutes §§ 518.58, 518.581, or 518.611, is a domestic relations order. A distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by Internal Revenue Code 414(p)(11), as amended if it meets the requirements of state law. No benefits shall be paid under a domestic relation order which requires the plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or under State Law. Section 11.2 Garnishment, judgment, or legal process. No service pension or ancillary benefits paid or payable from the special fund of a relief Association to any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution or other legal process, except as provided in Minnesota State Statutes 518.58, 518.581 or 518.611. Section 11.3 No Assignment of Special Fund Benefits. No person entitled to a service pension or ancillary benefits for the special fund of a relief Association may assign any service pension or ancillary benefit payment, nor shall the Association have the authority to recognize any assignment or pay over any sum which has been assigned. Section 11.4 Limitations on Annual Benefits. No provisions that places limits on benefits as contained within Section 415 of the Internal Revenue Code shall be exceeded. Plan participants cannot receive an annual benefit greater than the amount specification in Section 415 of the code as may subsequently be amended. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -30- ARTICLE 12. AMENDMENTS AND DISSOLUTION Section 12.1 Amendments. Amendments to the bylaws may be accomplished by one of the following methods: 1.) By vote of the majority of the entire membership at any regular business meeting; 2.) By a two-thirds vote of those voting at any special or annual meeting, provided that a quorum is present; or 3.) By a unanimous vote of Trustees present at a regular quarterly or special Board of Trustee meeting, provided that a quorum is present. The Association will file a revised copy of these bylaws with the Office of the State Auditor upon the adoption of any amendments. Section 12.2 Pension Changes. Any Amendments to these bylaws which affect the amount of, the manner of payment of, or the conditions for qualification for service pensions, deferred service pensions, or ancillary benefits are not effective until they have been ratified by the City Council. Section 12.3 Dissolution. Prior to dissolution of the Association, all legal obligations of the Association other than service pensions and benefits must be settled under Minn. Stat. § 424B.2, subd. 3, a benefit trust must be established under subdivision 4, and the affairs of the Association must be concluded under subdivision 5. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -31- ATTACHMENT A - BENEFIT LEVEL BENEFIT LEVEL AMOUNT DATE APPROVED BY RELIEF ASSOCIATION DATE RATIFIED BY CITY EFFECTIVE DATE Lump Sum: $3,660 per year of service credit up to a maximum of 30 years October 8, 2020 October 8, 2020 *Monthly: $17 per year of service credit up to a maximum of 30 years January 13, 2016 January 13, 2016 *Monthly benefit amount is only available for Active Members hired before October 8, 2020 Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -32- ATTACHMENT B - COMPENSATION TRUSTEE SALARY President (Officer) Brandon Vik $300.00 Secretary (Officer) Tim Peterson $500.00 Treasurer (Officer) Dan Sargent $2,600.00 Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -33- AMENDED BYLAWS OF THE HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION Amended October 8, 2020 Version 1 Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 - 1 - TABLE OF CONTENTS Article1: General............................................................................................... 3 Article2: Purpose.......................................................................................................... 3 Article3: Membership.................................................................................................. 4 Article 4: Membership Meetings................................................................................ 8 Article 5: Board of Trustees and Officers................................................................. 11 Article 6: Board Meetings.......................................................................................... 16 Article7: Funds........................................................................................................... 18 Article 8: Application for Benefits............................................................................ 21 Article 9: Service and Deferred Pensions................................................................ 24 Article 10: Ancillary Benefits.................................................................................... 27 Article 11: Limits on Benefits.................................................................................... 29 Article 12: Amendments and Dissolution............................................................... 30 AppendixA: Benefits................................................................................................. 31 Appendix B: Compensation...................................................................................... 32 Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -2- ARTICLE 1. GENERAL Section 1.1 Name. The name of the Association is the Hutchinson Fire Department Relief Association (the "Association"). The Hutchinson Fire Department Relief Association is organized, incorporated, and governed under Minnesota law and is directly associated with the Hutchinson Fire Department. Section 1.2 Type. The Association is a defined -benefit lump -sum relief Association subject to Minn. Stat. §§ 424A.015; 424A.02; and 424A.091 to 424A.094. All benefits provided by this Association derive from and are governed by Federal and State laws and these bylaws. Section 1.3 Books and Records. The Association will keep, at a minimum, correct and complete copies of its articles of incorporation and bylaws, accounting records, records documenting Special Fund transactions, records necessary to determine benefits payable and paid to individual members and their beneficiaries, and minutes of each of its meetings that record the votes of actions taken. Unless a Records Retention Schedule is adopted and the Minnesota Historical Society has been notified or authority to destroy records is received from the Records Disposition Panel, relief Association records may not be destroyed. Section 1.4 Fiscal Year. The Association's fiscal year begins on January 1 of each calendar year and ends on December 31 of the same calendar year. ARTICLE 2. PURPOSE Section 2.1 Purpose. The purpose of the Hutchinson Relief Association is to provide retirement and other benefits to its members and their beneficiaries. The Hutchinson Fire Department Relief Association is a governmental entity that receives and manages public money with a primary purpose to provide retirement benefits to individuals providing the government services of firefighting and emergency first response through service in the Hutchinson Fire Department. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -3- ARTICLE 3. MEMBERSHIP Section 3.1 Qualification for Membership. All individuals who meet the following requirements are eligible to apply for Active Membership in the Association: (1) Firefighters. Engaged in or qualified to provide fire suppression or fire prevention duties, (2) Work for Hutchinson Fire Department. In Active Service of the Hutchinson Fire Department, pursuant to § 3.9, and (3) Membership requirements for Association. Meet any additional standards established by the Association. Section 3.2 Application. Application for Active Membership shall be made in writing on a form supplied by the secretary of the Association. All applications will be reviewed and acted upon by the Board of Trustees within 90 days from the date of application. Section 3.3 Exclusions. (a) The Board of Trustees shall have the right to exclude any applicant for Active Membership who has some medically determinable physical or mental impairment or condition, which would constitute a predictable and unwarranted risk of imposing liability for an ancillary benefit at any age earlier than the minimum age specified for receipt of a service pension. Prior to the acceptance of any application, the Board of Trustees may require an applicant to present for consideration (1) the report of the physician completing a physical examination physician undertaken at the expense of the relief Association and present the report to the Board of Trustees and (2) the applicant's medical history. (b) A minor may not be a member of the Association. Section 3.4 Termination for Cause. Any member may be terminated from the Association for cause by a majority vote of the Board of Trustees at a regular or special meeting. Cause for termination includes, but is not be limited to, discharge from the Hutchinson Fire Department, failure to account for money belonging to the Association, Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -4- or feigning illness or injury for the purpose of defrauding the Association. Notice of the meeting and a written statement of charges shall be given to such member and the member shall be given an opportunity to be heard at the meeting. Section 3.5 Termination by Resignation. Any member who resigns from the Hutchinson Fire Department or the Association before vesting partial rights according to these bylaws may be terminated by a majority vote of the Board. No notice or statement of charges need be given to the member before the vote. Section 3.6 Categories of Membership. Members of the Association shall be classified in one of three categories: active, deferred, or retired. The categories are defined as follows: a) Active Member: A member of the Association who is a member of the Hutchinson Fire Department engaged in or qualified to provide fire suppression or fire prevention duties. b) Deferred Member: A member of the Association who has: (1) Firefighter with Hutchinson FD. Completed a minimum of 15 years of service as a member of the Hutchinson Fire Department engaged in or qualified to provide fire suppression or fire prevention duties; (11) Member in good standing of the Association. Completed a minimum of 15 years as an Active Member in good standing in the Association; and (III) Not reached minimum age. Has separated from service as an active member of the Hutchinson Fire Department before age 50. c) Retired Member: A member of the Association who is drawing a pension under the bylaws of the Association. Membership in the association ends when a lump sum pension is paid. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -5- Section 3.7 Voting Rights. All members of the Association shall be entitled to one vote on any matter voted upon by the membership. Voting by proxy is not permitted. Section 3.8 Membership Start Date. Membership in the Association begins on the date a firefighter is hired by the City. Section 3.9 Active Service. The performance of supervising or providing fire suppression or fire prevention duties for the Hutchinson Fire Department meeting the minimum requirements as specified in the Hutchinson Fire Department personnel rules. Section 3.10 Certification of Service Credit. Annually, by March 31, the Fire Chief must certify the service credit for the previous calendar year of each member rendering Active Service with the Fire Department, pursuant to Minn. Stat. § 424A.003. The certification must be made to an officer of the Association and to the city clerk or clerk - treasurer. Section 3.11 Years of Service Credit. Years of service credit mean the number of complete years, as measured in 12-month periods, including periods of time where months were non-consecutive, where a member performed Active Service for the Hutchinson Fire Department. Service pensions and ancillary benefits will not be prorated for fractional years of service (i.e., a member only receives credit for each complete year of service). Section 3.12 Break in Service. If a member is unable to perform the duties of a firefighter for any reason, including an approved leave of absence, the member shall be considered to have a break in service and shall not receive service credit in the Association for that period of time, except that this section does not apply to breaks in service mandated by Federal or state law, such as the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), Minn. Stat 424A.021, and the family and Medical Leave Act (FMLA), 29 U.S.C. 2601, et al. Section 3.13 Return to Service. Any firefighter who has ceased to perform or supervise fire suppression and fire prevention duties for at least 60 days, including former Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -6- members who have received payment of a service pension or disability benefit, shall be eligible to resume active membership in the Association should the firefighter resume active firefighter duties with the fire department. If the firefighter has previously received payment of a service pension or disability benefit, the firefighter may be eligible for a second pension or benefit for the resumption period of service if the firefighter meets the vesting requirements defined in these bylaws based on the resumption years of service. No firefighter may be paid a service pension twice for the same period of service. If the firefighter has not received payment of a service pension or disability benefit, the firefighter must complete at least 5 years of active service with the fire department upon a resumption of the active service. If the firefighter completes the minimum period of resumption service specified in this Section prior to a subsequent cessation of firefighting duties, the firefighter shall receive a service pension (if vested) for all years of active service (and months, if applicable) calculated at the benefit level in effect on the date of the firefighter's final cessation of duties. If the firefighter does not complete the minimum period of resumption service specified in this section prior to a subsequent cessation of duties, the firefighter shall receive a service pension (if vested) for all years of active service (and months, if applicable) calculated at the benefit level in effect at the time of the firefighter's final cessation of duties. Section 3.14 Uniformed Service Credit. A member who is absent from firefighting service because of service in the uniformed services may obtain service credit for the period of the uniformed service, not to exceed five years, unless a longer period is required by Federal law, if the volunteer firefighter returns within the time frame required by Federal law to firefighting service with coverage by this same Association or its successor upon discharge from service in the uniformed service. Service credit will not be given if the firefighter separates from uniformed service with a dishonorable or bad conduct discharge or under other than honorable conditions. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -7- For further explanation on eligibility for this service credit, members should review Minn. Stat. 424A.021 and 38 U.S.C. § 4303(13) ("service in the uniformed services") for the definitions and limitations that this statute provides. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -8- ARTICLE 4. MEMBERSHIP MEETINGS Section 4.1 Annual Meetings. The annual meeting of this Association shall be held on the first Monday in February each year. The place of the meeting shall be designated and may be changed from time to time by the Board. If the date of the annual meeting falls on a legal holiday, it shall be held on the next succeeding Monday. Section 4.2 Special Meetings. Special meetings of the Association's membership may be called at any time (provided ten days' notice is given to the membership pursuant to Section 5.3) upon written order of the President and one other member of the Board or of two members of this Association. In either case, the order shall be filed with the Secretary who shall thereupon give notice of the meeting to each member of the Board or to each member in this Association entitled to vote at the meeting. No other business shall be transacted at the special meeting than that specified in the notice of the meeting. Section 4.3 Notice of Meeting. Each Member shown by the books of the Association shall be given notice of any annual meeting or special meeting by mail, e-mail, telephone, fax, or in person, at least ten days and not more than 60 days before the date of the meeting. Notice of meetings shall also be posted on the board at the fire station. The notice must contain the date, time, and place of the meeting, and the purpose of the meeting. Section 4.4 Quorum. Twenty five percent (25%) of members shall constitute a quorum for the transaction of business. The members present at a duly called or held meeting, at which a quorum of the members is present, may continue to transact business until adjournment notwithstanding the withdrawal of enough members to leave less than a quorum. In case a quorum is not present at any meeting, those present shall have the power to adjourn the meeting from time to time, without notice or other announcement at the meeting, until the requisite number of members shall be represented. Any business may be transacted at such reconvened meeting that might have been transacted at the meeting which was adjourned. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -9- Section 4.5 Voting. At each meeting of the members, every member shall be entitled to vote in person but not by proxy. Each member shall have one vote. Upon demand of any member before the vote, the vote for Trustees or the vote upon any question before the meeting shall be by ballot. All elections shall be had and all questions decided by a majority vote of the number of members entitled to vote and present at any meeting at which there is a quorum, except in such cases as shall otherwise be required or permitted by Statute, these bylaws, or by agreement approved by majority of all members. Section 4.6 Presiding Officer. The appropriate Officers of the Association shall preside over all meetings of the members; provided, however, that in the absence of an appropriate Officer at any meeting of the members, the members in attendance shall choose any member present to act as presiding Officer of the meeting. Section 4.7 Conduct of Meetings of Members. Subject to the following provisions, and where not inconsistent with state law, meetings of the members shall follow the "Scott, Foresman Edition of Robert's Rules of Order." 1. The chair of the meeting shall have absolute authority over matters of procedures and there shall be no appeal from the ruling of the chair. If the chair, in its absolute discretion, deems it advisable to dispense with the rules of parliamentary procedures as to any one meeting of members or part thereof, the chair shall state and shall clearly state the rules under which the meeting or appropriate part thereof shall be conducted. 2. If disorder should arise which prevents continuation of legitimate business of the meeting, the chair may quit the chair and announce the adjournment of the meeting; and upon the chairs so doing, the meeting shall immediately be adjourned. 3. A resolution or motion shall be considered for vote only if proposed by a member and seconded by a member other than the individual who proposed the resolution or motion. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -10- Section 4.8 Order of Business. The suggested order of business at the annual meeting of members and so far as possible at all meetings of the members shall be: 1. The meeting shall be called to order by the President, who shall be chair, at the time and on the date of the meeting. 2. Calling of the roll. 3. Reading and disposing of any unapproved minutes. 4. Annual reports of all Officers and committees. 5. Election of Trustees. 6. Unfinished business. 7. New business. 8. Adjournment. Section 4.9 Inspectors of Election. The Board in advance of any meeting of members may appoint inspectors to act at such meetings or any adjournment thereof. If inspectors of election are so appointed, they or the person acting as chair of any such meeting may and, on request of any member, shall make such appointment. In case any person appointed as inspector shall fail to appear or act, the vacancy may be filled by appointment made by the Board in advance of the meeting, or at the meeting by the Officer or person acting as chair. No inspector, whether appointed by the Board or by the Officer or person acting as chair, need be a member of the Hutchinson Fire Department Relief Association. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 - 11 - ARTICLE 5. BOARD OF TRUSTEES AND OFFICERS Section 5.1 Power of the Board of Trustees. (a) The property, affairs, and business of the Association shall be managed by the Board of Trustees ("Board"). The Board is the governing body and has exclusive control of the investment of the Association's plan assets in conformance with Federal and State law including, but not limited to, Minnesota statutes and these bylaws. (b) The Board will invest and reinvest the Association's plan assets, determine benefits, determine eligibility for membership or benefits, determine the amount or duration of benefits, determine the funding requirements or amounts of contributions, oversee the expenditure of plan assets, and select financial institutions and investment products. Section 5.2 Board of Trustees. The Board shall consist of nine members (Trustees). Six of the Trustees shall be elected from the general membership of the Association. One of the six Trustees may be a retired member. There shall also be three ex-officio municipal Trustees: the fire chief, one elected City official, and one appointed or elected City official. The two city officials must be designated annually by the City of Hutchinson City Council. An ex-officio Trustee shall have all the rights and duties accorded to any other Trustee except the right to be elected an Officer. Section 5.3 Term. Non -municipal Trustees are elected from and by the Association membership for three-year terms. The election of the Trustees will be staggered, with two Trustees elected at each annual meeting of the membership. Section 5.4 Vacancies. Vacancies in the position of non -municipal Trustee may be filled by the Board in the form of an appointment for the unexpired portion of the term. Section 5.5 Removal of Trustees. One or more Trustees may be removed from office by a majority vote of the members of the Board for failure to attend two or more consecutive regular meetings of the Board as defined in Section 6.1 hereof. Trustees may be removed from office by a majority vote of the Board for cause, which includes but is not limited to, willful misconduct, conviction of a felony, or breach of fiduciary Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -12- responsibility to the Association. A Trustee may be removed without cause by a two- thirds (2/3) majority vote of the Association membership. No Trustee shall be removed from office pursuant to this provision unless notice of the annual or special meeting at which the removal is to be considered states such as purpose. When a member of the Board of Trustees has been removed, the vacancy on the Board of Trustees may be filled by a vote of a majority of the remaining Trustees acting at the same meeting. Section 5.6 Number of Officers. The President, Vice -President, Secretary, and Treasurer will be elected from among the elected Trustees by the full Board for one-year terms. The Board may choose other officers as may be needed from time to time for one-year terms. In no event shall any Trustee hold more than one office. Section 5.7 President. The President will actively manage the business of the Association. The President shall preside at all meetings of the members. The President will enforce the due observance of the law, including Minnesota statutes, the articles of incorporation, and the bylaws of the Association. The President will ensure that the Officers properly perform the duties assigned to them. The President shall see that all orders and resolutions are carried into effect. The president shall be an ex-officio member of all standing committees. The President may execute and deliver, in the name of the Association, any bonds, contracts, or other instruments pertaining to the business of the Association as may be prescribed from time to time by the Board, and in general shall perform all duties incident to the office of President and such other duties as may from time to time be assigned to him by the Board. Section 5.8 Vice -President. The Vice -President shall have such powers and shall perform such duties as may be specified in these bylaws or prescribed by the Board. In the event of absence or disability of the President, the Vice -President shall succeed to the office of President and assume all powers and duties in the order in which they were elected or as otherwise prescribed by the Board. Section 5.9 Secretary. The Secretary shall be secretary of and shall attend all meetings of the Board. The Secretary shall act as clerk thereof and shall record all the proceedings Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -13- of such meetings in the Minute Book of the Association. The Secretary shall give proper notice of the meetings of the Board and the Association. The Secretary will keep a correct record of all amendments, alterations, and additions to the bylaws in a book separate from the Minute Books of the Association. The Secretary will prepare all paperwork and obtain signatures required for benefits due. The Secretary will keep individual files and a roll of membership, with the date of joining, resignation, discharge, retirement, dues, and service pensions and ancillary benefits paid. The books of the Secretary will be at all times open to the Board. The Secretary will prepare and process all correspondence as needed. The Secretary will, jointly with the Treasurer, prepare and file all reports and statements required by law, including reports to be filed with the Office of the State Auditor (OSA). The Secretary shall perform such other duties as may be prescribed from time to time by the Board or by Minnesota Statute. The duties herein, other than statutory duties, may be assigned to a contracted person at the discretion of the Board. Section 5.10 Treasurer. The Treasurer shall keep accurate accounts of all moneys of the Association received or disbursed. The Treasurer shall deposit all moneys, drafts, and checks in the name and to the credit of the Association in such banks and depositories as the Board shall designate from time to time. The Treasurer shall disburse the funds of the Association as authorized by the Board. The Treasurer will keep separate and distinct accounts of the Special Fund and the General Fund, if applicable, and will prepare and present to the Board a full and detailed statement of the assets and liabilities of each fund separately, prior to the annual meeting of the Association, and upon requests of the Board. The Treasurer shall perform such duties as may be prescribed from time to time by the Board or Minnesota Statute. The duties herein, other than statutory duties, may be assigned to a contracted person at the discretion of the Board. Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements required by law. The Treasurer will deliver to the Treasurer's successor in office, or to any committee appointed by the Board to receive the same, all monies, books, papers, etc., pertaining to the Treasurer's term in office immediately upon the expiration of the Treasurer's term in office. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -14- The Treasurer shall, prior to entering upon the duties of office, give a bond in such amounts and with such sureties as may be required and approved by the Board of Trustees and the governing body, conditional upon the faithful discharge of trust and the faithful performance of the duties of office. The premium for the bond shall be paid from the special fund of the Association. The amount of the bond will be equal to at least ten percent (10%) of the assets of the Association; however, the amount of the bond need not exceed $500,000. Section 5.11 Report. At the end of the year, the Secretary and Treasurer shall jointly prepare a detailed annual report of the receipts and expenditures for the year showing for what purpose all money has been paid. Such report shall be prepared on or before the annual meeting of the Association. Section 5.12 Continuing Education. The Board will develop and periodically revise a program for continuing education. The Trustees will participate in continuing education to keep themselves abreast of their fiduciary responsibilities. Section 5.13 Fiduciary Responsibility. The members of the Board will act as Trustees, with a fiduciary obligation to the active, deferred, and retired members of the Association, who are its beneficiaries; the taxpayers of the municipality, who help to finance the plan; and the State of Minnesota, which established the plan. In the discharge of their respective duties, the Officers and Trustees shall be held to the standard of care enumerated in Minn. Stat. § 11A.09. In addition, the Trustees must act in accordance with the applicable provisions of Minn. Stat. Ch. 356A. No Trustees of the Hutchinson Fire Department Relief Association shall cause the Association to engage in a transaction if the fiduciary knows or should know that a transaction constitutes one of the following direct or indirect transactions: 1) Sale or exchange or leasing of any real property between the Association and a Board member; 2) Lending money or other extension of credit between the Relief Association and a Board member or member of the Association; Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -15- 3) Furnishing of goods, services or facilities between the Association and a Board member; or 4) Transfer to a Board member, or use or for the benefit of a Board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law. Section 5.14 Compensation. Officers of the Association identified in Attachment B may be paid a salary out of the Special Fund. The amount paid in salary is limited to the amount listed in Attachment B. For all Trustees, itemized expenses eligible for reimbursement are limited to those expenses incurred as a result of fulfilling responsibilities as administrators of the Special Fund. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -16- ARTICLE 6. BOARD MEETINGS Section 6.1 Regular Meetings. Regular meetings of the Board shall be held at least once a year at such time and place as may be fixed by resolution adopted by a majority of the whole Board. Section 6.2 Election of Officer Meetings. As soon as practical after each annual meeting of the members, the Board shall meet for the purposes of organization and electing the following Officers: President, Vice -President, Treasurer, and Secretary for a term of one year and/or until their successor is elected. Section 6.3 Special Meetings. Special meetings of the Board may be called by the President, or by any two Trustees. Notice of the special meeting shall be given by the secretary, who shall give at least 72 hours' notice thereof to each Trustee by mail, e- mail, telephone, fax, or in person. Section 6.4 Notice of Board Meetings. Notice requirements of the Minnesota Open Meeting Law (Minn. Stat. Ch. 13D) will be followed for all Board meetings. A schedule of the Board's regular meetings will be kept on file at the Board's primary office. For special meetings (including any regular meeting held at a time or place different from the time or place stated in the schedule of regular meetings), the Board will post written notice of the date, time, place, and purpose of the meeting on the Board's principal bulletin board, or if the Board has no such bulletin board, on the door of its usual meeting room. The notice will also be mailed or delivered to each person who has filed a written request for notice with the Board. The notice will be posted and mailed or delivered at least three days before the date of the meeting. If a meeting is a recessed or continued session of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of that meeting, then no further published or mailed notice is necessary. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 17- Section 6.5 Quorum. A majority of the Board, excluding the ex-officio members, shall constitute a quorum for the transaction of business; provided however, that if any vacancies exist by reason of death, resignation, or otherwise, a majority of the remaining Trustees, but not less than two Trustees, shall constitute a quorum for the conduct of business. If less than a quorum is present at any meeting, a majority of the Trustees present may adjourn the meeting. Section 6.6 Voting. Each Trustee is entitled to one vote and each has equal rights. Voting by proxy is not permitted. Section 6.7 Order of Business. The meeting shall be concluded in accordance with the "Scott, Foresman Edition of Robert's Rules of Order," and the suggested order of business at any meetings of the Board of Trustees shall be: 1. The meeting shall be called to order by the President at the time and on the date of the meeting. 2. Roll call. 3. Reading and disposal of any unapproved minutes. 4. Reports of Officers and committees. 5. Annual board elections (1st meeting after annual meeting) 6. Unfinished business. 7. New business. 8. Adjournment. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -18- ARTICLE 7. FUNDS Section 7.1 General Fund. Money received from any nonpublic source, such as the funds received by this Association from dues, fines, initiation fees, entertainment.&, and other miscellaneous sources shall be kept in the general fund by the Treasurer and may be disbursed by the Board for any purpose reasonably suited to the welfare of the Association and its members or for equipment and maintenance of the Hutchinson Fire Department. Section 7.2 Special Fund. All public funds, including funds received by this Association from the tax levied by the City Council of Hutchinson for the fire department relief, all funds received from the gross premiums tax levied by the State of Minnesota on fire insurance and related insurance policies, and all funds or property donated, granted, or devised of this Association for the benefit of this fund shall be kept in a special fund on the books of the secretary and treasurer and shall not be disbursed for any purpose except those authorized by Minnesota Statute § 424A.05, Federal law, and these bylaws. Section 7.3 Disbursements. No disbursements of the funds of this Association shall be made except by checks drawn by the treasurer and countersigned by the President, Vice -President, or Secretary of the Association. Except when issued for salaries, pensions, or other fixed charges, the exact amount of which has been previously determined by the Board of Trustees, no check shall be issued until the claim to which it relates has been approved by the Trustees. The Association may only make disbursements by electronic fund transfers if the specific method of payment and internal control policies and procedures regarding the method are approved by the Board. 1.) Authorized administrative expenses shall be in accordance with the laws of Minnesota Chapter 69, as amended, as follows: Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -19- a) Office expense including but not limited to rent, utilities, equipment, supplies, postage, periodical subscription, furniture, fixtures, and salaries of administrative personnel. b) Salaries and itemized expenses of the President, Secretary, and the Treasurer of the Association or their designees, incurred as a result of fulfilling their responsibilities as administrators of the special fund. c) Tuition, registration fees, organizational dues, and other authorized expenses of the Officers or members of the Board of Trustees incurred attending educational conferences, seminars, or classes relating to the administration of the relief Association. d) Audit, actuarial, medical, legal and investment expenses. e) Reimbursement to the Officers and members of the Board of Trustees, or their designees, for reasonable and necessary expenses actually paid and incurred in the performance of their duties as Officers or members of the board; and f) Premiums on fiduciary liability insurance and official bonds for the Officers, members of the Board of Trustees, and employees of the Hutchinson Fire Department Relief Association. Section 7.4 Deposits. All money belonging to this Association shall be deposited in such banks, trust companies, or other such depositories as the Board may designate. Section 7.5 Investments. The funds of this Association may be invested by the Board of Trustees in such income paying properties and securities as may be authorized by the Board of Trustees an in compliance with the laws of the State of Minnesota. 1) The Board of Trustees shall investigate and prepare for the safe and profitable investment of Association funds in conformance with State Statutes, the Bylaws and the investment policy of the Hutchinson Fire Department Relief Association. 2) The Board of Trustees may designate two or more Association members to sit on an investment committee. The Treasurer, the President, and an ex - Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -20- officio member shall sit on the committee. The investment committee shall investigate and make recommendations to the Board of suitable investments for Association funds among those permitted by Statute, the Bylaws, and the investment policy. 3) The Special Fund assets will be invested only in securities that are authorized by Minn. Stat. §§ 356A.06, subd. 6; and 356A.06, subd. 7. 4) The Board will have on file a copy of the investment policy of the Association. The Board will file a copy of the Association's investment policy, and all changes to the policy, with the Office of the State Auditor. Section 7.6 Brokers Certification. The Board of Trustees shall comply with Minnesota Statute 356A.06, subdivision 8B that requires relief Associations to provide annually to any brokers, a written statement of investment restrictions pursuant to statutes or the investment policy that apply to the special fund. Upon receipt of the written statement of the investment restrictions, each broker handling investments of the Association shall acknowledge in writing, annually, the receipt of the investment restrictions. The Broker Certification shall contain a statement of the Broker's agreement to handle the Association's investments pursuant to written restrictions, using the form prepared by the Office of the State Auditor. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -21- ARTICLE 8. APPLICATION FOR BENEFITS Section 8.1 Notice of Intent to Take Distribution. Each member who intends to take distribution of a service pension, including a deferred service pension, from the Association must notify the Secretary, in writing, not less than 90 days prior to the intended date of distribution. Upon receipt of the notice, the Secretary will provide to the applicant an Application for distribution and any forms or notices required by Federal or State law. No notice is required for ancillary benefits. All applications for pension benefits or deferred pension status shall be made in writing on forms supplied by the Secretary. The Secretary shall also provide any forms or notices required by Federal or State law. Section 8.2 Application for Pensions. All applications for pensions or deferred pension status shall be submitted to the Board for approval at a regular or special meeting of the board. 1.) Applications shall be signed and verified by an oath of the applicant and shall state the following: a.) The age and date of birth of the applicant. b.) The length of time the applicant has been a member of the Association. c.) Such other information as the Board may require by including requests for information or questions on an application form for benefits that has been adopted by the Board. 2.) Applications for pension benefits may be made by or on behalf of the applicant within 90 days after the date upon which a pension would commence, and no pension benefit shall be paid for a period covering more than 90 days before the application is made. Section 8.3 Approval of Application and Conditions. No benefits or pension shall be paid until the application has been approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the payment of such benefits or Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -22- pensions. No person receiving a pension or on deferred pension status shall be paid any other benefits by this Association. Except as provided in Section 9.5, no service pensions shall be paid to any person while the person remains in Active Service to the Hutchinson Fire Department. Pension payments shall commence with the first month after the application has been approved. No fractional payments shall be made for the month during which the member retires or the application is approved. Section 8.4 Procedure for Review. In the event the Board of Trustees denies an application for a service or ancillary pension benefits, the member shall be entitled to the right to appeal the determination. Intent to appeal the determination shall be delivered in written form to the secretary and shall be certified by the Board within 30 days of receipt of the denial of the application by the Board. 1.) If an application is not approved, the Board shall return the application to the applicant within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board, on the question of whether the applicant meets all of the eligibility requirements. The member shall indicate that the member intends to appeal by furnishing the Board with written intent to appeal. The intent to appeal shall be certified by the member. 2.) Upon receipt of the written intent to appeal, the Board of Trustees shall hold a special meeting within 60 days of receipt of the intent to appeal. Timely notice of the meeting shall be given to the member at least 15 days prior to the special meeting. The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative determination. Section 8.5 Benefits for certain fulltime firefighters. Notwithstanding any bylaws to the contrary, the Association may pay or continue paying a service pension to a member who has not separated from active service with the Hutchinson Fire Department if: Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -23- 1) The person is employed subsequent to retirement as a firefighter by the Hutchinson Fire Department to perform duties within the Hutchinson Fire Department on a full-time basis; and 2) The governing body of the Hutchinson Fire Department has filed a determination with the Association Board of Trustees that the person's experience with and service to the Hutchinson Fire Department in the person's full time capacity would be difficult to replace; and 3) The person otherwise meets the requirements of Minnesota Statute, Chapter 424A, including Minnesota Statute 424A.02, subdivision 1 and is authorized to receive a service pension. Section 8.6 Governing Benefit Plan Provisions. All service pensions, deferred service pensions, and ancillary benefits payable by the Association are governed by and must be calculated based on the State law, Association bylaw provisions, and Association articles of incorporation in effect on the earlier of the following dates: (1) the data on which the member separates from active service OR (2) the date on which a member begins a break in service that continues until the member separates from active service. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -24- ARTICLE 9. SERVICE AND DEFERRED PENSIONS Section 9.1 Service Pensions. Upon the member's meeting the following requirements in Section 2 of this Article and following the submission and approval of an Application for Distribution, the Association will pay the member out of the Special Fund the benefit level for each year that the member served as an active member of the Fire Department up to 30 years. The benefit level amounts can be found in Attachment A. A reduced service pension may be paid according to the partial vesting schedule contained in Section 4 of this Article. Section 9.2 Eligibility. To receive a service pension, a member must meet the following requirements: 1. Have separated from Active Service with the Fire Department; 2. Be at least 50 years of age; 3. Be partially vested by having completed at least 15 years of Active Service with the Fire Department, or be fully vested by having completed at least 20 years of active service with the Fire Department; and 4. Be partially vested by having completed at least 15 years of membership with the Association, or be fully vested by having completed at least 20 years of membership with the Association. Section 9.3 Deferred Status. A member who has otherwise met the eligibility requirements defined in Section 2 of this Article but who has not yet reached 50 years of age may not collect a service pension at the time of separation from active service. The member will be placed on deferred status and be entitled to receive the service pension upon reaching 50 years of age and following submission and approval of an Application for Distribution. A member who has met the eligibility requirements defined in Section 2 of this Article and who has reached 50 years of age, but who chooses not to immediately submit an Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -25- Application for Distribution following the member's separation from active service will be placed on deferred status and be entitled to receive the service pension following submission and approval of the Application for Distribution. No interest will be credited during the period of deferral on a deferred lump -sum service pension. Section 9.4 Partial Vesting Schedule. All partial service pensioners are entitled to the non -forfeitable portion of a pension based on the member's years of service in the amount indicated upon reaching age 50 and meeting the other qualifications for receipt of a pension: Completed Years' Service Non -forfeitable percentage 15 80 percent 16 84 percent 17 88 percent 18 92 percent 19 96 percent 20 and thereafter 100 percent Section 9.5 Payments. (a) Default Option: Lump -sum Payment. All members will receive a single lump -sum payment payable to the retiring member (subject to current income tax withholding requirements) unless eligible to make an election pursuant to subsection (b) of this Section. A supplemental benefit will be paid out of the Special Fund to individuals who receive a lump -sum distribution of a service pension. The amount of the supplemental benefit to be paid is ten percent of the regular pre-tax lump -sum distribution, excluding any interest that may have been credited during the period of deferral, but not to exceed $1,000. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -26- (b) Only eligible members may elect Monthly Payments. Active Members hired before October 8, 2020, at the option of the retiring member at the time of requesting benefits, may choose to receive a monthly benefit service pension for the remainder of the member's natural life and, thereafter, a surviving spouse as made in lieu of a single lump -sum service pension. The election of either option is irrevocable. Section 9.6 Future increases. Any future increases in pension benefits would apply to all active members and may include increases for deferred members, retired members, and/or beneficiary. Postretirement increases are applicable only to retired members and ancillary benefit recipients receiving a monthly service pension or monthly ancillary benefit as of the effective date of the bylaw amendment. Section 9.7 Unclaimed Benefits. In the event that the Association is unable with reasonable effort to locate a member or a survivor of a member entitled to payment or distribution under these bylaws or by State law, the benefit distributable to such member or survivor of such member will be forfeited and will be credited to the Special Fund. Efforts to locate a member or survivor must be documented. Forfeiture will occur no earlier than thirty-six (36) months after the Board concludes the Association was unable to locate such member or survivor despite reasonable efforts to locate them. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -27- ARTICLE 10. ANCILLARY BENEFITS Section 10.1 Lump -Sum Survivor Benefit. For non -retired members who die after October 8, 2020, upon the death of a member of the Association and following the submission and approval of an Application for Distribution, a survivor benefit will be paid out of the Special Fund to the member's surviving spouse; if there is no surviving spouse, to the member's surviving children; if there is no surviving spouse and there are no surviving children, to the member's designated beneficiary. If no beneficiary has been designated and if the deceased member was active or deferred, the survivor benefit will be paid as a death benefit to the estate of the deceased member. If there are no surviving children, the member's surviving spouse may waive, in writing, wholly or partially, the spouse's entitlement to a survivor benefit, so that the survivor benefit may be paid directly to the member's designated beneficiary. A trust created under Chapter 501B may be a designated beneficiary if the survivor benefit will be distributed as a one-time lump -sum payment. If a trust was created and is payable to the surviving children and there is no surviving spouse, the survivor benefit will be paid to the trust. For active members, a survivor benefit equal to the benefit level for each year that the member served as an active firefighter in the Fire Department, without regard to minimum or partial vesting requirements, but in no case less than five times the benefit level in effect on the date of the death, will be paid if, upon death, the member had not yet separated from active service. The benefit level can be found in Attachment A. A supplemental survivor benefit will be paid out of the Special Fund when a lump -sum survivor benefit is paid. The amount of the supplemental survivor benefit to be paid is 20 percent of the survivor benefit, but not to exceed $2,000. Section 10.2 Break in Service Survivor Benefit. If a member had a break in service at the end of the member's firefighting career and did not resume active service before the member's death, the survivor benefit must be calculated using the State law, bylaw Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -28- provisions, and articles of incorporation that are in effect on the date on which the member began the break in service. Section 10.3 Surviving Spouse of Monthly Benefit Retired Member. Upon the death of a retired member who had elected a monthly benefit, a survivor benefit of 75% of the deceased member's monthly benefit will be paid out of the Special Fund to the member's surviving spouse for the life of the surviving spouse. Section 10.4 No Additional Financial Benefit. Except for the relief expressly identified for survivors in these bylaws, a member or former member's surviving spouse, child or children, designated beneficiary, and/or estate are not entitled to any other or further relief or benefits from the Association. Section 10.5 Death Benefit. A death or funeral benefit shall not be paid by this Association. Section 10.6 Disability Benefit. Disability benefits are not provided by this Association. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -29- ARTICLE 11. LIMITS ON BENEFITS Section 11.1 Domestic Relations Order. A qualified domestic relations order shall be accepted by the plan administrator if in compliance with state law. Any judgment, decree, or order (including approval of a property settlement agreement) that complies with the provisions of Minnesota Statutes §§ 518.58, 518.581, or 518.611, is a domestic relations order. A distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by Internal Revenue Code 414(p)(11), as amended if it meets the requirements of state law. No benefits shall be paid under a domestic relation order which requires the plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or under State Law. Section 11.2 Garnishment, judgment, or legal process. No service pension or ancillary benefits paid or payable from the special fund of a relief Association to any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution or other legal process, except as provided in Minnesota State Statutes 518.58, 518.581 or 518.611. Section 11.3 No Assignment of Special Fund Benefits. No person entitled to a service pension or ancillary benefits for the special fund of a relief Association may assign any service pension or ancillary benefit payment, nor shall the Association have the authority to recognize any assignment or pay over any sum which has been assigned. Section 11.4 Limitations on Annual Benefits. No provisions that places limits on benefits as contained within Section 415 of the Internal Revenue Code shall be exceeded. Plan participants cannot receive an annual benefit greater than the amount specification in Section 415 of the code as may subsequently be amended. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -30- ARTICLE 12. AMENDMENTS AND DISSOLUTION Section 12.1 Amendments. Amendments to the bylaws may be accomplished by one of the following methods: 1.) By vote of the majority of the entire membership at any regular business meeting; 2.) By a two-thirds vote of those voting at any special or annual meeting, provided that a quorum is present; or 3.) By a unanimous vote of Trustees present at a regular quarterly or special Board of Trustee meeting, provided that a quorum is present. The Association will file a revised copy of these bylaws with the Office of the State Auditor upon the adoption of any amendments. Section 12.2 Pension Changes. Any Amendments to these bylaws which affect the amount of, the manner of payment of, or the conditions for qualification for service pensions, deferred service pensions, or ancillary benefits are not effective until they have been ratified by the City Council. Section 12.3 Dissolution. Prior to dissolution of the Association, all legal obligations of the Association other than service pensions and benefits must be settled under Minn. Stat. § 424B.2, subd. 3, a benefit trust must be established under subdivision 4, and the affairs of the Association must be concluded under subdivision 5. Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -31- ATTACHMENT A - BENEFIT LEVEL BENEFIT LEVEL AMOUNT DATE APPROVED BY RELIEF ASSOCIATION DATE RATIFIED BY CITY EFFECTIVE DATE Lump Sum: $3,660 per year of service credit up to a maximum of 30 years October 8, 2020 October 8, 2020 *Monthly: $17 per year of service credit up to a maximum of 30 years January 13, 2016 January 13, 2016 *Monthly benefit amount is only available for Active Members hired before October 8, 2020 Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -32- TRUSTEE President (Officer) ATTACHMENT B - COMPENSATION Brandon Vik Secretary (Officer) Tim Peterson Treasurer (Officer) Dan Sargent SALARY $300.00 $500.00 $2,600.00 Hutchinson Fire Department Relief Association Bylaws: Ratified October 8, 2020 -33- HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Calling a Special Budget Workshop Meeting for 4.00 pm on November 24 Department: Administration LICENSE SECTION Meeting Date: 10/27/2020 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: Staff is looking to call our next budget workshop meeting of the year in preparation for the 2021 budget. The next workshop (4th overall) will be at 4 p.m. on November 24 and will focus on our Enterprise Funds. We will also have an update on our current budget and tax levy, and will take a last look at our preliminary CIP prior to our Truth -in -Taxation Hearing in early December. Staff is asking the council to call this budget workshop meeting. BOARD ACTION REQUESTED: Approval of calling a special workshop meeting for 4:00 p.m. on November 24 Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL Request for Board Action September 2020 Financial and Investment Reports Agenda Item: Department: Finance LICENSE SECTION Meeting Date: 10/27/2020 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff M Governance Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: For Council review, attached are the September Financial Reports for the general fund and enterprise funds. Also attached is the September Investment Report. Feel free to contact me with any questions. Thank you. BOARD ACTION REQUESTED: Fiscal Impact: Funding Source: FTE Impact: Budget Change: Govern; Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING SEPTEMBER 30, 2020 2020 2019 2020 ACTUALS 2020 AVAILABLE % BDGT 2019 YTD 2019 % BDGT SEPTEMBER YTD BUDGET BALANCE USED ACTUAL BUDGET USED General Fund Taxes - 2,740,479 5,270,910 2,530,431 52.0 2,702,367 5,122,005 52.8 Other Taxes 10,793 144,274 305,000 160,726 47.3 167,522 315,000 53.2 Licenses & Permits 45,256 389,325 388,450 (875) 100.2 447,312 414,200 108.0 Intergovernmental Revenue 324,785 1,705,221 1,730,963 25,742 98.5 1,236,521 1,578,056 78.4 Charges for Services 94,466 1,115,083 2,790,585 1,675,502 40.0 1,721,356 2,830,857 60.8 Miscellaneous Revenues 7,824 161,246 245,500 84,254 65.7 205,590 317,500 64.8 Transfers -In 466,798 1,400,394 2,666,191 1,265,797 52.5 837,558 2,497,175 33.5 Fines & Forfeitures 2,632 31,360 55,000 23,640 57.0 49,662 50,000 99.3 Capital Contributions - - - - - - - - TOTAL REVENUES 952,554 7,687,382 13,452,599 5,765,217 57.1 7,367,888 13,124,793 56.1 Wages & Benefits 643,874 6,064,610 9,162,882 3,098,272 66.2 6,354,088 8,866,013 71.7 Supplies 55,312 556,878 858,150 301,272 64.9 670,144 870,578 77.0 Services & Charges 246,822 1,832,419 2,679,017 846,598 68.4 1,855,216 2,855,282 65.0 Miscellaneous Expenses 26,038 202,361 647,550 445,189 31.3 195,995 620,950 31.6 Transfers -Out - 52,500 105,000 52,500 50.0 50,985 101,970 50.0 Capital Outlay 6,458 6,458 - (6,458) - - 10,000 - TOTAL EXPENDITURES 978,505 8,715,226 13,452,599 4,737,373 64.8 9,126,427 13,324,793 68.5 NET REVENUE (25,950) (1,027,844) - 1,027,844 (1,758,539) (200,000) Comments Revenues: Temporary Timing Differences There are a few significant revenue differences between 2020 and 2019 based on the timing of receiving the revenue. Intergovernmental Revenue received the Police and Fire Pension aid ($321,015) in September 2020 versus in October 2019. The 3rd quarter HUC PILOT payment ($466,798) was received in September 2020 versus in October 2019. Expenditures: Wages & Benefits The 2020 year-to-date expense is down significantly due to a few reasons. First, seasonal labor has been reduced in areas such as Parks & Recreation and the Aquatic Center due to programs being delayed or eliminated. Additionally, approximately $100K of expense has been moved to the CARES Act fund. Certain pay related to the COVID-19 pandemic and the state's shelter in place orders can be funded by CARES Act monies. Supplies This category is realizing substantial savings in operating supplies, fuel and recreation concession supplies. Lower fuel consumption is due mainly to the lighter than normal snow removal for January through April. We are also consumed less fuel due to employee conferences being cancelled and training being done virtually. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING SEPTEMBER 30, 2020 2020 ACTUALS SEPTEMBER YTD General Fund Expense by Department 2020 2019 2020 AVAILABLE % BDGT 2019 YTD 2019 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED Mayor & City Council 2,894 28,146 52,344 24,198 53.8 30,731 55,328 55.5 City Administrator 34,052 309,329 459,709 150,380 67.3 311,974 415,643 75.1 Elections 643 16,774 17,750 976 94.5 11,588 6,000 193.1 Finance Department 24,158 267,476 381,325 113,849 70.1 275,126 371,041 74.1 Motor Vehicle 21,340 183,140 266,912 83,772 68.6 198,268 268,721 73.8 Assessing - - 61,152 61,152 - - 61,152 - Legal 22,233 203,025 317,092 114,067 64.0 216,872 306,847 70.7 Planning 12,763 110,605 161,262 50,657 68.6 110,701 155,835 71.0 Information Services 44,266 417,119 600,314 183,195 69.5 390,422 568,872 68.6 City Hall Building 16,549 120,003 178,342 58,339 67.3 109,680 174,705 62.8 Police Department 301,566 2,488,354 3,549,011 1,060,657 70.1 2,489,111 3,453,954 72.1 Hospital Security 23,984 224,305 332,790 108,485 67.4 215,395 323,205 66.6 Emergency Management 128 11,777 12,280 503 95.9 9,508 12,280 77.4 Safety Committee - 9,739 11,200 1,461 87.0 9,270 10,850 85.4 Fire Department 31,022 253,908 360,455 106,547 70.4 245,325 357,602 68.6 Protective Inspections 22,358 206,590 309,570 102,980 66.7 251,061 348,856 72.0 Engineering 42,680 355,131 487,309 132,178 72.9 359,985 470,704 76.5 Streets & Alleys 171,879 1,227,503 1,565,147 337,644 78.4 1,238,074 1,747,205 70.9 Park/Recreation Administration 20,903 188,628 274,158 85,530 68.8 184,452 265,144 69.6 Recreation 14,314 136,012 255,586 119,574 53.2 180,850 249,316 72.5 Senior Citizen Center 3,982 37,953 92,499 54,546 41.0 62,522 86,622 72.2 Civic Arena 14,737 208,567 374,475 165,909 55.7 235,512 355,362 66.3 Park Department 66,380 601,176 987,146 385,970 60.9 663,649 926,369 71.6 Recreation Building 13,447 123,999 245,543 121,544 50.5 165,693 237,367 69.8 Events Center 19,749 155,282 268,922 113,640 57.7 183,647 263,142 69.8 Evergreen Building 1,083 12,611 30,725 18,114 41.0 18,846 27,250 69.2 Library 3,725 152,486 222,760 70,274 68.5 162,358 223,460 72.7 Waterpark 152 34,319 352,761 318,442 9.7 312,178 388,840 80.3 Cemetery 12,699 109,239 132,284 23,045 82.6 98,274 135,659 72.4 Airport 10,198 92,597 124,878 32,281 74.2 91,726 120,670 76.0 Unallocated General Expense 24,621 429,433 966,898 537,465 44.4 293,631 936,792 31.3 TOTAL EXPENDITURES 978,505 8,715,226 13,452,599 4,737,373 64.8 9,126,427 13,324,793 68.5 CARES Act Fund Intergovernmental Revenue Miscellaneous Revenues TOTAL REVENUES REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING SEPTEMBER 30, 2020 2020 ACTUALS SEPTEMBER YTD 1,074,352 1,074,352 2020 AVAILABLE BUDGET BALANCE (1,074,352) (1,074,352) 2020 % BDGT 2019 YTD USED ACTUAL 2019 BUDGET 2019 % BDGT USED Wages & Benefits - 112,733 (112,733) Supplies 1,987 25,479 (25,479) Services & Charges 1,757 23,059 (23,059) Miscellaneous Expenses 4,909 5,943 (5,943) TOTAL EXPENDITURES 8,653 167,213 (167,213) NET of REVENUES & EXPENDITURES (8,653) 907,139 (907,139) Committed CARES Act Funds EDA Business Loan Program (750,000) EDA administration expenses (2,056) HVAC Ionization Upgrades (58,465) Virtual Meeting Systems (33,829) HUC & HRA expenditures (22,817) Touchless plumbing fixtures (21,195) Water bottle Tillable stations (12,950) City Center breakroom furniture (3,500) October PPE, Supplies, Cleaning (2,327) Total Committed Expenditures (907,139) Uncommitted Fund Balance Comments The City received $1,074,352 of CARES Act funds from the State in July. The funds can only be used for eligible expenditures related to the COVID-19 public health emergency. These dollars originated from the Federal CARES Act, which allocated $150 Billion of federal money to states and local governments via the Coronavirus Relief Fund. The City Council allocated $750,000 to the Small Business Assistance program, as administered by the Hutchinson EDA. Those funds will be disbursed in October and November to qualifying businesses. The Wages & Benefits expense consists of the COVID pay that city council authorized during the state's shelter -in -place orders. It also includes any federal FMLA or Sick leave related to the COVID-19 public health emergency. As a reminder, the City has until November 15 to use the funds for eligible COVID-19 related expenditures. Any unspent funds must be returned to the County after November 15. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING SEPTEMBER 30, 2020 2020 2019 2020 ACTUALS 2020 AVAILABLE % BDGT 2019 YTD 2019 % BDGT SEPTEMBER YTD BUDGET BALANCE USED ACTUAL BUDGET USED Liquor Fund Sales 568,201 5,625,444 6,473,000 847,556 86.9 4,648,632 6,357,000 73.1 Miscellaneous Revenues 128 2,169 3,000 831 72.3 2,231 3,000 74.4 TOTAL REVENUES 568,329 5,627,613 6,476,000 848,387 86.9 4,650,863 6,360,000 73.1 Cost of Sales Wages & Benefits Supplies Services & Charges Miscellaneous Expenses Transfers -Out Capital Outlay Depreciation Expense Debt Service TOTAL EXPENDITURES NET REVENUE Comments Liquor Sales Revenue 437,641 4,304,220 4,871,710 567,490 88.4 3,517,515 4,787,710 73.5 56,750 501,804 703,600 201,796 71.3 477,441 698,094 68.4 1,409 13,161 22,600 9,439 58.2 15,383 25,050 61.4 25,216 204,547 247,950 43,403 82.5 170,420 246,675 69.1 - 5,569 6,700 1,131 83.1 6,088 5,350 113.8 - 500,000 500,000 - - 500,000 - 15,000 15,000 9,698 15,000 64.7 82,500 82,500 - 82,500 - - - 128,228 128,228 - - 128,243 - 521,016 5,029,302 6,578,288 1,548,986 76.5 4,196,543 6,488,622 64.7 47,313 598,311 (102,288) (700,599) 454,320 (128,622) Year to Date Sales September Sales 2020 2019 Change 2020 2019 Change Liquor 1,889,486 1,555,701 21.5% 194,784 160,442 21.4% Beer 2,830,298 2,331,851 21.4% 288,548 239,011 20.7% Wine 771,035 655,840 17.6% 71,600 63,597 12.6% Other 134,625 105,241 27.9% 13,270 9,935 33.6% Total Sales 5,625,444 4,648,632 21.0% 568,201 472,985 20.1% Customer Count 189,347 182,794 3.6% 19,981 19,484 2.6% Average Sale per Customer $29.71 $25.43 16.8% $28.44 $24.28 17.1% Gross Profit $1,321,223 $1,131,118 $130,560 $121,471 Gross Margin on Sales 23.5% 24.3% 23.0% 25.7% Labor to Sales Ratio 8.9% 10.3% 10.0% 10.3% The September monthly sales increased 20.1 % over last year while the customer count decreased 2.6%. The Year-to-date sales and customer count are up 21.0% and 3.6%. Cost of Sales reflect a corresponding increase with sales. Credit Card fees, which are in the Services & Charges expense category, are up significantly due to the higher sales levels. Water Fund Sales Sales - Other Local Sales Tax Charges for Services Miscellaneous Revenues TOTAL REVENUES Wages & Benefits Supplies Services & Charges Miscellaneous Expenses Transfers -Out Capital Outlay Depreciation Expense Debt Service REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING SEPTEMBER 30, 2020 2020 ACTUALS SEPTEMBER YTD 2020 2019 2020 AVAILABLE % BDGT 2019 YTD 2019 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED 190,173 1,484,303 1,780,000 295,697 83.4 1,298,252 1,780,000 72.9 56,518 448,172 544,500 96,328 82.3 503,770 543,500 92.7 77,818 504,881 737,000 232,119 68.5 491,499 665,000 73.9 5,648 53,678 56,000 2,322 95.9 49,177 53,000 92.8 1,789 32,286 67,000 34,714 48.2 62,005 69,500 89.2 331,945 2,523,319 3,184,500 661,181 79.2 2,404,704 3,111,000 77.3 41,646 380,925 542,656 161,731 70.2 370,277 519,888 71.2 9,658 118,363 138,137 19,774 85.7 109,877 137,250 80.1 29,106 458,965 496,350 37,385 92.5 341,531 522,950 65.3 354 1,042 15,000 13,958 6.9 849 15,000 5.7 - - 60,000 60,000 - - 60,000 - 906,594 830,176 (76,418) 109.2 345,467 300,000 115.2 - 1,100,000 1,100,000 - - 1,100,000 - 1,378,117 1,485,955 107,838 92.7 1,373,744 1,485,523 92.5 TOTAL EXPENDITURES 80,764 3,244,005 4,668,274 1,424,269 69.5 2,541,744 4,140,611 61.4 NET of REVENUES & EXPENDITURES 251,182 (720,686) (1,483,774) (763,088) (137,041) (1,029,611) Year to Date Water Sales Comments 2020 2019 Change Water Sales Revenue: Residential 962,951 834,869 15.3% Commercial 249,849 261,831 -4.6% Industrial 271,503 201,552 34.7% MNSY temporarily used city water to cool its Water Sales 1,484,303 1,298,252 14.3% fermenters during the months of April through June. Normally they use their own well water Base Charge 324,063 320,447 1.1% WAC Charge 72,070 129,973 -44.5% Other 52,038 53,351 -2.5% Other Sales 448,172 503,770 -11.0% Local Sales Tax We have yet to see a significant impact on our local sales tax revenue due to the pandemic. This is an area to keep an eye on knowing any shortage will require operating cash to cover the debt service payments. Capital Outlay The $906,594 expenditure is the advance funding to MnDOT for the water infrastructure component of the Hwy 15/Main Street improvement project. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING SEPTEMBER 30, 2020 2020 2019 2020 ACTUALS 2020 AVAILABLE % BDGT 2019 YTD 2019 % BDGT SEPTEMBER YTD BUDGET BALANCE USED ACTUAL BUDGET USED Sewer Fund Sales 233,561 2,067,524 2,710,000 642,476 76.3 2,102,618 2,700,000 77.9 Sales - Other 47,830 377,827 488,000 110,173 77.4 461,051 468,000 98.5 Local Sales Tax 77,818 504,881 737,000 232,119 68.5 491,499 665,000 73.9 Licenses & Permits - 6,000 6,500 500 92.3 6,500 6,500 100.0 Charges for Services - 7,475 7,500 25 99.7 4,155 7,500 55.4 Miscellaneous Revenues 9,064 69,239 112,500 43,261 61.5 101,905 120,000 84.9 TOTAL REVENUES 368,273 3,032,945 4,061,500 1,028,555 74.7 3,167,727 3,967,000 79.9 Wages & Benefits 55,225 520,976 725,428 204,452 71.8 504,097 691,874 72.9 Supplies 13,805 151,151 216,362 65,211 69.9 146,346 210,700 69.5 Services & Charges 49,117 451,521 778,500 326,979 58.0 627,678 803,000 78.2 Miscellaneous Expenses 20 27,864 40,000 12,137 69.7 26,051 36,500 71.4 Transfers -Out - - 60,000 60,000 - - 60,000 - CapitalOutlay (3) 486,385 866,957 380,572 56.1 65,507 625,000 10.5 Depreciation Expense - 1,250,000 1,250,000 - - 1,250,000 - Debt Service - 1,316,825 1,402,320 85,495 93.9 1,312,589 1,403,676 93.5 TOTAL EXPENDITURES 118,163 2,954,721 5,339,567 2,384,846 55.3 2,682,269 5,080,750 52.8 NET of REVENUES & EXPENDITURES 250,109 78,224 (1,278,067) (1,356,291) 485,458 (1,113,750) Year to Date Sewer Sales Comments 2020 2019 Change Sewer Sales Revenue: Residential 1,194,334 1,187,174 0.677 Commercial 342,250 335,034 2.2% Industrial - Flow 344,486 388,452 -11.3% Industrial - Violation Surcharges 186,454 191,958 -2.9% Sewer Sales 2,067,524 2,102,618 -1.7% Base Charge 280,446 278,143 0.8% SAC Charge 92,431 170,821 -45.9% Other 4,950 12,087 -59.0% Other Sales 377,827 461,051 -18.1% Local Sales Tax We have yet to see a significant impact on our local sales tax revenue due to the pandemic. This is an area to keep an eye on knowing any shortage will require operating cash to cover the debt service payments. Capital Outlay The year-to-date total includes advance funding to MnDOT ($418,281) for the sewer infrastructure component of the Hwy 15/Main Street improvement project. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING SEPTEMBER 30, 2020 2020 2019 2020 ACTUALS 2020 AVAILABLE % BDGT 2019 YTD 2019 % BDGT SEPTEMBER YTD BUDGET BALANCE USED ACTUAL BUDGET USED Refuse Fund Sales 102,406 903,879 1,190,000 286,121 76.0 888,176 1,160,000 76.6 Sales - Other 3,446 31,459 47,600 16,141 66.1 35,479 45,600 77.8 Intergovernmental Revenue - 6,017 12,500 6,484 48.1 6,131 12,500 49.1 Miscellaneous Revenues 1,504 15,819 22,000 6,181 71.9 21,986 22,000 99.9 TOTAL REVENUES 107,355 957,174 1,272,100 314,926 75.2 951,773 1,240,100 76.7 Wages & Benefits 18,068 149,494 202,269 52,775 73.9 134,474 190,965 70.4 Supplies 1,961 35,238 61,400 26,162 57.4 35,338 62,050 57.0 Services & Charges 74,095 532,800 797,800 265,000 66.8 508,419 761,600 66.8 Miscellaneous Expenses - 408 1,000 593 40.8 840 1,500 56.0 Transfers -Out - 55,000 55,000 - - 55,000 - CapitalOutlay 40,138 180,700 140,562 22.2 61,141 221,500 27.6 Depreciation Expense - - 140,000 140,000 - - 146,000 - TOTAL EXPENDITURES 94,125 758,077 1,438,169 680,092 52.7 740,212 1,438,615 51.5 NET of REVENUES & EXPENDITURES 13,231 199,096 (166,069) (365,165) 211,561 (198,515) REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING SEPTEMBER 30, 2020 Comaost Fund Sales Intergovernmental Revenue Charges for Services Miscellaneous Revenues TOTAL REVENUES Cost of Sales Inventory Cost Adjustment Wages & Benefits Supplies Services & Charges Miscellaneous Expenses Transfers -Out Capital Outlay Depreciation Expense Debt Service TOTAL EXPENDITURES NET of REVENUES & EXPENDITURES 2020 ACTUALS SEPTEMBER YTD 2020 2019 2020 AVAILABLE % BDGT 2019 YTD 2019 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED 101,823 2,734,541 2,367,400 (367,141) 115.5 2,173,025 2,378,175 91.4 485 12,329 87,750 75,421 14.0 38,919 91,245 42.7 3,550 30,016 35,000 4,984 85.8 103,867 35,000 296.8 105,857 2,776,885 2,490,150 (286,735) 111.5 2,315,811 2,504,420 92.5 85,035 1,752,199 1,543,550 (208,649) 113.5 1,450,688 1,633,505 88.8 (70,054) (568,597) (654,200) (85,603) 86.9 (463,631) (709,585) 65.3 57,203 524,565 749,909 225,344 70.0 506,796 704,078 72.0 10,925 93,110 114,300 21,190 81.5 81,977 114,825 71.4 30,260 195,748 330,900 135,152 59.2 205,976 308,940 66.7 279 7,038 12,700 5,662 55.4 7,569 11,500 65.8 - - 110,000 110,000 - - 110,000 - 368,989 567,580 198,591 65.0 51,644 80,000 64.6 - 260,000 260,000 - - 220,000 - - 151,735 161,642 9,907 93.9 158,780 158,939 99.9 113,649 2,524,786 3,196,381 671,595 79.0 1,999,798 2,632,202 76.0 (7,792) 252,099 (706,231) (958,330) 316,013 (127,782) Year to Date Sales Comments 2020 2019 Change Compost Sales Bagged 2,143,514 1,620,667 32.3% Bulk 353,596 363,595 -2.8% Other (Freight) 237,431 188,763 25.8% Total Sales 2,734,541 2,173,025 25.8% Gross Profit 982,342 722,337 Gross Margin 35.9% 33.2% Capital Outlay The year-to-date total includes $332,262 for the purchase of a new compost screener. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING SEPTEMBER 30, 2020 2020 2019 2020 ACTUALS 2020 AVAILABLE % BDGT 2019 YTD 2019 % BDGT SEPTEMBER YTD BUDGET BALANCE USED ACTUAL BUDGET USED Storm Water Utility Sales 81,031 727,425 964,735 237,310 75.4 705,427 937,000 75.3 Sales - Other - 589 3,500 2,911 16.8 2,968 3,500 84.8 Licenses & Permits 535 5,680 4,500 (1,180) 126.2 4,595 4,500 102.1 Miscellaneous Revenues 1,461 15,902 15,750 (152) 101.0 40,419 22,300 181.3 TOTAL REVENUES 83,027 749,726 988,485 238,759 75.8 753,409 967,300 77.9 Wages & Benefits 19,422 186,452 266,484 80,032 70.0 170,857 248,348 68.8 Supplies 2,394 42,748 26,362 (16,386) 162.2 29,935 32,000 93.5 Services & Charges 41,056 140,958 212,900 71,942 66.2 77,060 173,300 44.5 Miscellaneous Expenses - 8,143 18,000 9,857 45.2 21,575 10,500 205.5 Capital Outlay - 436,328 436,328 - 351,047 340,000 103.2 Depreciation Expense - 225,000 225,000 - - 195,000 - Debt Service - 149,551 209,689 60,138 93.5 186,724 231,777 70.2 TOTAL EXPENDITURES 62,873 527,852 1,394,763 866,911 37.8 837,197 1,230,925 68.0 NET of REVENUES & EXPENDITURES 20,154 221,874 (406,278) (628,152) (83,788) (263,625) Oppenheimer & Co. Inc. PPENHEIMEP, 85 Broad Street STATEMENT OF New York, NY 10004 (212) 668-8000 ACCOUNT.. Transacts Business on All Principal Exchanges S161! „� Assets maturing during the next 60 days appear at the end of this statement. Asset Allocation Advantage Bank Deposits* - 0.01 Municipal Bonds - Certificates of Deposit - Portfolio Summary Funds - 38.19 k This Previous Estimated Period Period Annual Income 09/30/20 08/31/20 Advantage Bank Deposits* $4,167.01 $0.00 $0.20 Mutual Funds 11,485,467.60 13,674,305.40 8,786.38 Municipal Bonds 9,120,800.55 8,915,452.70 224,083.25 Certificates of Deposit 9,463,295.73 9,966,539.12 216,673.00 Cash Account Balance 1,431.74 2,288.90 Total Asset Value $30,075,162.63 $32,558,586.12 $449,542.83 Net Value of Accrued Interest $82,636.86 $75,545.52 Total Asset Value does not include Direct Investments, Accrued Interest or unpriced securities. Eligible for FDIC insurance up to standard maximum insurance amounts, Not SIPC insured. Cash Activity Summary Opening Cash Balance $2,288.90 Net Buy and Sell Transactions 1,984,095.51 Net Funds Deposited or Withdrawn -2,500,000.00 Net Miscellaneous Credits/Debits 489,022.74 Net Income Activity 30,191.60 Net Advantage Bank Deposit Activity A,167.01 Closinq Cash Balance $1,431.74 Account Number: D25-5019707 Tax ID Number: ON FILE For the Period: 09/01/20 - 09/30/20 Last Statement: 08/31/20 Page 1 of 15 CITY OF HUTCHINSON MINNESOTA III HASSAN ST SE HUTCHINSON MN 55350-2522 Financial Professional SULLIVAN/SULLIVAN/FAY 5HX (800)258-3387 Internet Address: www.opco.com Income Summary Office Serving Your Account 50 SOUTH SIXTH STREET SUITE 1300 MINNEAPOLIS, MN 55402 Reportable This Period Year to Date Advantage Bank Dep Interest $0.00 $0.01 Corporate Interest 22,101.01 200,066.93 Municipal Interest 7,113.33 132, 021.73 Government Interest 0.00 7,500.00 Dividends 977.26 97,807.09 Total Reportable $30,191.60 $437,395.76 Non -Reportable Municipal Accrued Int Paid $0.00 $-17,152.74 Corporate Accrued Int Paid 0.00 -38.26 Total Non -Reportable $0.00 $-17,191.00 PPENHEMEExecutive Summary CITY OF HUTCHINSON report as of 09/01/2020 XXXXXX9707 Summary Totals Original Face $18,079,000 Current Face (Par) $18,079,000 Market Principal $18,840,450 Accrued Interest $66,943 Cash & Cash Alternatives $0 Fixed Income Funds $0 Equity Balance $0 Total Portfolio Value $18,907,393 Next 12mo Cpn Cash Flow $421,757 Generic Annual Cpn Cash Flow $444,554 Weighted Averages Coupon* 2.459 Maturity** 2.39 yrs Duration 2.20 Yield to Worst 0.426 k Yield to Maturity 0.477 Market Price* 104.212 Tax Lots Holdings Included 54 of 55 'Par-Wtd, all else Mkt-Md. "Avg life used for principal paydoms, and perpetual securities are assigned a 40 year maturity. Moody's = S&P 11ST/AGY/CD $80,0 PR/ETM Aaa AAA - $sa,a A. AA A A $40,0 Bea BBB Be BS Ba BB NR NR Non IBM None :[IN! . CD- 51.6% 20/ . Muni- 48.4% a i 1111111 '10'11'I�"'1�''1"R'I�''1"h'11'10'IA"�0313�""i3363�'"i631 "i`b"iA 60 61 b�' 63 bb b�' b�° 6A 000000000000000000000000000000 Q Fed Tax -Exempt Fed Taxable Subj to Cap Gains Subj to AMT 40 00 00 00 20 $0 0, ��`1" PQ`1" �D�`L ,Jc`1" PJ�`L �� `L 0 0% 20% 40% 60% 80% 100% Cash flows based on position settlement date from 0910112020 to 0813112021. Includes all positions with recognized CUSIP, quantity, market price and full analytical calculations on reporting date. Coupon cash flow period exactly 12 months. Page 3 of 27 I 1 010�'O�Ob0�0�0^ O�O�''10,111^'1�,1R1�1�,111�10tiO; L1'�.�"tiO; Lb;�.yti6;L^'L$ti0,300' 00"O'i0'Y03"Ob'Oh"OC"O'�"O`D09;yO,y1,y'L.y3.yb,y5.y(,y'�,y0,y�i,yO,y1,y'L,y"�,yb,yS,yC ,y'�,y0,y0 "� PPENHEIMEI� Totals & Averages @ Acquisition CITY OF HUTCHINSON report as of 09/01/2020 XXXXXX9707 Original Face Value Current Face Value Valid Tax Lot Holdings Unrecognized Tax Lot Holdings Total Tax Lot Holdings $18,324,000 Portfolio Totals Portfolio Averaaes $18,324,000 Original Face Value $18,079,000 Yield to Worst (cost) 2.076% 55 Face Value at Acquisition $18,079,000 Yield to Worst (mkt) 0.426% 0 Original Principal Cost $18,223,075 Yield to Maturity (cost) 2.076% 55 Adjusted Principal Cost $18,186,845 Yield to Maturity (mkt) 0.477% Current Market Principal $18,840,450 Original Acquisition Price 100.797 Estimated Gain/(Loss) $653,605 Adjusted Cost Basis 100.597 Tax Lot Holdings Included 54 of 55 Current Market Price 104.212 'Valid Tax Lot Holdings' includes all tax lot holdings with recognized CUSIP and quantity. Original Face Value $18,324,000 Face Value at Acquisition $18,324,000 Tax Lot Holdings Included 55 of 55 Original Principal Cost $18,468,075 Average Acquisition Price 100.786 Includes all tax lot holdings with recognized CUSIP, quantity, acquisition date/price, full analytical calculations at acquisition, market price, and full analytical calculations on reporting date. Average values @ cost are weighted by respective original acquisition values. Includes all tax lot holdings with recognized CUSIP, quantity, and acquisition date/price. All prices have been normalized to par. Average acquisition price is weighted by original principal cost Average life used for principal paydowns, and perpetual securities are assigned a 40 year maturity. Page 5 of 27 PPENHEINIEk Position Details � o report as of 0910112020 CUSIP Curr Face Account# MdyIS&P Coupon Mkt Px Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield 88413QBQO 245 xxxxxx9707 4- THIRD FED SVGS & LN ASSN OF 1.900% 100.077 Maturity 09/15/2020 -0.438%(.) CD 1.34% Held FDIC Cart #. 30012 091152020 0.03 Death Put I THFDSL I Semi -Annual Pay I Restricted States: FL,OH,TX 14042RCA7 245 xxxxxx9707 -/- CAPITAL ONE, NATIONAL 1.400% 100.071 Maturity 09/21/2020 -0.039% (w) CD 1.34% Held ASSOCIATION 09/21/2020 0.05 FDIC Cert A 4297 Death Put I COF I Semi -Annual Pay 92937CGB8 245 xxxxxx9707 4- WEX BK MIDVALE UTAH 2.000% 100.265 Maturity 10/19/2020 -0.102% () CD 1.34% Held FDIC Cert A 34697 10/19/2020 0.13 Death Put I WEX I Semi -Annual Pay I Restricted States: OH,TX 31938QR89 245 xxxxxx9707 -/- FIRST BUSINESS BK MADISON WIS 1.400% 100.275 Maturity 11/13/2020 -0.014%( ) CD 1.34% Held FDIC Cart #. 15229 11/132020 0.20 Death Put I FBIZ I Semi -Annual Pay 14042OS43 245 xxxxxx9707 -/- CAPITAL ONE BK USA NATL ASSN 2.050% 100.660 Maturity 12/29/2020 -0.009% () CD 1.34% Held FDIC Cart #. 33954 12/29/2020 0.32 Death Put I COF I Semi -Annual Pay 78658RBR1 245 xxxxxx9707 -/- SAFRA NATL BANK NEWYORK NY 1.750% 100.606 - - - CD 1.34% Held FDIC Cart #. 26876 011082021 - Death Put I SAFR I Interest at Maturity 61747MJ36 245 xxxxxx9707 -/- MORGAN STANLEY BANK NA 2.500% 101.039 Maturity 02JO112021 -0.011%(w) CD 1.34% Held FDIC Cart #. 32992 0210112021 0.41 Death Put I MS I Semi -Annual Pay 17312QH77 245 xxxxxx9707 -/- CITIBANK NATIONAL ASSOCIATION 2.700% 101.524 Maturity 03/29/2021 0.013%( ) CD 1.34% Held FDIC Cert A 7213 0329/2021 0.56 Death Put I C I Semi -Annual Pay I Restricted States: N/A 06417NQZ9 245 xxxxxx9707 4- BANK OZK 1.700% 101.097 Maturity 05/03/2021 0.045%( ) CD 1.34% Held FDIC Cart A 110 05r032021 0.66 Long First Coupon I Death Put I OZRK I Monthly Pay I Restricted States: AR Includes all positions with recognized CUSIP. For preferred securities, # of shares is displayed instead of current face value, which is represented in thousands (000, The (w) in the Yield column indicates which yield value is the Yield to Worst (YTW). Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0. 005/, a State of WA, and a State Tax rate of N/A. Page 6 of 27 CITY OF HUTCHINSON XXXXXX9707 Acq Date Tot Adj Cost Mkt Value Unreal G/L ATY TEY Acq Px I Yid Adj Cost Px Accr I nt % Adj Cost -0.438% -0.438% 09/15/2017 $245,000 $245,189 $189 100.000 / 1.900% 100.000 $2,194 0.1% -0.039% -0.039% 05/09/2017 $245,000 $245,174 $174 100.000 / 1.400% 100.000 $1,560 0.1% -0.102% -0.102% 10/18/2017 $245,000 $245,649 $649 100.000 / 2.000% 100.000 $1,853 0.3% -0.014% -0.014% 05/09/2017 $245,000 $245,674 $674 100.000 / 1.400% 100.000 $1,062 0.3% -0.009% -0.009% 05/09/2017 $244,988 $246,617 $1,629 100.000 / 2.049% 99.995 $908 0.7% - 01/09/2020 - $246,485 $1,485 100.000 / 1.750 % - $0 0.6% -0.011% -0.011% 02/01/2018 $245,000 $247,546 $2,546 100.000 / 2.500% 100.000 $554 1.0% 0.013% 0.013% 03/29/2018 100.000 / 2.700% 0.045% 0.045% 01/31/2020 100.000 / 1.700% $245,000 $248,734 $3,734 100.000 $2,863 1.5% $245,000 $247,688 $2,688 100.000 $23 1.1% r PPENHEINIEk Position Details (continued...) CITY OF HUTCHINSON � o report as of 09/01/2020 XXXXXX9707 Position Details CUSIP Curr Face Account# Mdy I S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Value Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px I Yid Adj Cost Px Accr Int % Adj Cost 203507BA5 245 xxxxxx9707 4- CITIZENS BUSINESS BK CALIF 1.550% 101.202 Maturity 06/15/2021 0.011%(w) 0.011% 0.011% 05/09/2017 $245,000 $247,945 $2,945 CD 1.34% Held FDIC Cert #. 24315 0611512021 0.78 100.000 / 1.550% 100.000 $198 1.2% Death Put I COMBKP I Monthly Pay I Restricted States: CA 27113PBEO 245 xxxxxx9707 -/- EAST BOSTON SVGS BK MA 1.500% 101.156 Maturity 06/23/2021 0.059% (w) 0.059% 0.059% 05/09/2017 $245,000 $247,832 $2,832 CD 1.34% Held FDIC Cert #. 33510 06/23/2021 0.80 100.000 / 1.500 % 100.000 $725 1.2% Death Put I EASBOS I Semi -Annual Pay 69138SCB2 1,025 xxxxxx9707 -/- OXFORD ACADEMY & CENT SCH 1.250% 100.766 Maturity 07/08/2021 0.343% () 0.343% 0.343% 07/13/2020 $1,032,339 $1,032,852 $513 Muni 5.59% Held (MIG 1/-) DIST N Y 0710812021 0.84 100.834 / 0.401% 100.716 $1,957 0.0% Material Events I General Obligation I Education I BO I Interest at Maturity 8727OLCJO 245 xxxxxx9707 -/- TIAA FSB JACKSONVILLE FLA 2.050% 101.708 Maturity 07/12/2021 0.051%() 0.051 % 0.051 % 07/12/2019 $245,000 $249,185 $4,185 CD 1.34% Held FDIC Cert #. 34775 0711212021 0.85 100.000 / 2.050% 100.000 $729 1.7% Death Put I EVER I Semi -Annual Pay I Restricted States: OH,TX 02007GEC3 245 xxxxxx9707 -/- ALLY BK MIDVALE UTAH 2.950% 102.652 Maturity 08/02/2021 0.042%() 0.042% 0.042% 08/02/2018 $245,000 $251,497 $6,497 CD 1.34% Held FDIC Cert #. 57803 0810212021 0.91 100.000 / 2.950 % 100.000 $634 2.7% Death Put I GMATBK I Semi -Annual Pay 89214PCA5 245 xxxxxx9707 -/- TOWNEBANK PORTSMOUTH VA 3.000% 103.103 Maturity 09/27/2021 0.086%() 0.086% 0.086% 09/26/2018 $245,000 $252,602 $7,602 CD 1.34% Held FDIC Cert #. 35095 0912712021 1.04 100.000 / 3.000 % 100.000 $3,242 3.1 % Death Put I TOWN I Semi -Annual Pay I Restricted States: NC,VA 227563BK8 245 xxxxxx9707 -/- CROSS RIV BK TEANECK N J 1.800% 102.036 Maturity 11/15/2021 0.102% () 0.102% 0.102% 11/13/2019 CD 1.34% Held FDIC Cert #. 58410 11/15/2021 1.19 100.000 / 1.800% Death Put I CRORVR I Semi -Annual Pay 34415LAN1 245 xxxxxx9707 -/- FOCUS BK CHARLESTON MO 2.100% 102.447 Maturity 11/24/2021 0.100%(w) 0.100% 0.100% 11/24/2017 CD 1.34% Held FDIC Cert #. 1426 1112412021 1.21 100.000 / 2.100% Death Put I FSSBKC I Semi -Annual Pay 249218AU2 290 xxxxxx9707 Aa2/- DENVER COLO PUB SCHS CTFS 2.598% 102.004 Maturity 12/15/2021 1.022% () 1.022% 1.022% 05/14/2020 Muni 1.58% Held (Aa2/--) PARTN 1211512021 1.26 102.428 / 1.050 % Material Events I Federally Taxable I Make Whole Call I Extraordinary Calls I Certificate of Participation I Education I Semi -Annual Pay Includes all positions with recognized CUSIP. For preferred securities, # of shares is displayed instead of current face value, which is represented in thousands (000). The (w) in the Yield column indicates which yield value is the Yield to Worst (YTW). Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0051, a State of WA, and a State Tax rate of N/A. Page 7 of 27 $245,000 $249,988 $4,988 100.000 $1,365 2.0% $245,000 $250,995 $5,995 100.000 $1,438 2.4% $295,704 $295,812 $107 101.967 $1,632 0.0% r PPENHEINIEk Position Details (continued...) CITY OF HUTCHINSON � o report as of 09/01/2020 XXXXXX9707 CUSIP Curr Face Account# Mdy I S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Value Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px I Yid Adj Cost Px Accr Int % Adj Cost 8562845Z3 247 xxxxxx9707 4- STATE BK INDIA NEWYORK N Y 2.350% 103.134 Maturity 01/26/2022 0.105%(w) 0.105% 0.105% 05/09/2017 $246,977 $254,741 $7,764 CD 1.35% Held FDIC Cert #: 33682 01/26/2022 1.38 100.000 / 2.349% 99.991 $620 3.1 % Death Put I Foreign I Emerging I STBINC I Semi -Annual Pay I Restricted States: MT,OH,TX 081383Q87 430 xxxxxx9707 A1/AA BEMIDJI MINN 5.000% 106.611 Maturity 02/01/2022 0.301%() 0.301% 0.301% 03/18/2020 $451,547 $458,427 $6,880 Muni 2.35% Held IA 1A) 0210112022 1.37 106.618 / 1.400% 105.011 $1,911 1.5% S&P Outlook Stable I General Obligation I Recreation I AGMC Insured I Semi -Annual Pay 264474GV3 1,000 xxxxxx9707 Aa2/- DULUTH MINN INDPT SCH DIST 5.000% 105.980 Maturity 02JO112022 0.732%() 0.732% 0.732% 03/26/2020 $1,033,010 $1,059,800 $26,790 Muni 5.46% Held (Bail-) N0709 CTFS PARTN 02/01/2022 1.37 104.297 / 2.600% 103.301 $4,444 2.6% Material Events I Certificate of Participation I Education I Semi -Annual Pay 38148PGX9 247 xxxxxx9707 -/- GOLDMAN SACHS BK USA 2.300% 103.297 Maturity 03/08/2022 0.113% () 0.113% 0.113% 05/09/2017 $246,980 $255,144 $8,164 CD 1.35% Held FDIC Cert #. 33124 03r0812022 1.48 100.000 / 2.299 % 99.992 $2,786 3.3% Death Put I GS I Semi -Annual Pay 87164XPZ3 245 xxxxxx9707 -/- SYNCHRONYBANK 2.400% 103.625 Maturity 04/07/2022 0.120%() 0.120% 0.120% 05/09/2017 $245,000 $253,881 $8,881 CD 1.34% Held FDIC Cert #. 27314 04/07/2022 1.56 100.000 / 2.400% 100.000 $2,400 3.6% Death Put I SYF I Semi -Annual Pay I Restricted States: TX 574446GV6 500 xxxxxx9707 Aa1/- MARYSVILLE MICH PUB SCHS DIST 2.317% 103.058 Maturity 05/01/2022 0.467%() 0.467% 0.467% 05/09/2017 $494,230 $515,290 $21,060 Muni 2.73% Held (Av--) 05r0112022 1.62 98.846 / 2.565% 98.846 $3,926 4.3% Federally Taxable I General Obligation I Education I Semi -Annual Pay 64971 WJ35 500 xxxxxx9707 Aal/AAA NEW YORK NY CITY TRANSITIONAL 1.650% 102.021 Maturity 05/01/2022 0.428% () 0.428% 0.428% 05/09/2017 $497,125 $510,105 $12,980 Muni 2.73% Held (Aall) FIN AUTH REV 05r0112022 1.63 99.425 / 1.771% 99.425 $2,796 2.6% Material Events I Federally Taxable I S&P Outlook Stable I Make Whole Call I Revenue I Government I Semi -Annual Pay 977100GU4 500 xxxxxx9707 Aa2/- WISCONSIN ST GEN FD ANNUAL 1.720% 102.019 Maturity 05/01/2022 0.498% () 0.498% 0.498% 08/26/2020 $510,910 $510,095 ($815) Muni 2.73% Held (Aa21--) APPROPRIATION REV 05r0112022 1.63 102.208 / 0.400% 102.182 $2,914 (0.2%) Federally Taxable I State Taxable I Make Whole Call I Short First Coupon I Pro -Rate I Revenue I Government I Semi -Annual Pay 13281 NYX4 205 xxxxxx9707 Aa2/- CAMDEN CNTY N J IMPTAUTH REV- 0.591 % 99.972 Maturity 07/15/2022 0.606% (w) 0.606% 0.606% 09/10/2020 $205,720 $204,943 ($777) Muni 1.12% Held (Aa2i--) CROSSROADS REDEV PROJ 07/15/2022 1.83 100.351 / 0.400% 100.351 $0 (0.4%) Federally Taxable I Short First Coupon I Revenue I Government I Semi -Annual Pay I Restricted States: ,AS,FM,GU,MH,MP,NE,PR,PW,Vi Includes all positions with recognized CUSIP. For preferred securities, # of shares is displayed instead of current face value, which is represented in thousands (000). The (w) in the Yield column indicates which yield value is the Yield to Worst (YTW). Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0. 005/, a State of WA, and a State Tax rate of N/A. Page 8 of 27 r PPENHEINIEk Position Details (continued...) � o report as of 09/01/2020 CUSIP Curr Face Account# MdyIS&P Coupon Mkt Px Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield 15721 UCT4 245 xxxxxx9707 4- CFBANK FAIRLAWN OH 3.250% 105.843 Maturity 07/19/2022 0.128%(w) co 1.34% Held FDIC Cert #. 28263 07/19/2022 1.82 Death Put I CFBK I Monthly Pay I Restricted States: CA,PR,TN,TX 02587DV47 245 xxxxxx9707 4- AMERICAN EXPRESS CENTURIAN BK 2.350% 103.996 Maturity 08/08/2022 0.271 % (w) co 1.34% Held CTF DEP PROGRAM BOOK ENTRY 081082022 1.90 FDIC Cert #. 27471 Death Put I AXP I Semi -Annual Pay I Restricted States: OH, TX 01748DAY2 245 xxxxxx9707 4- ALLEGIANCE BK TEX HOUSTON 2.200% 104.422 Maturity 11/03/2022 0.156%( ) CD 1.34% Held FDIC Cert A 58629 11103'2022 2.12 Death Put I ABTX I Monthly Pay I Restricted States: TX 254672WU8 245 xxxxxx9707 4- DISCOVER BK 2.450% 105.058 Maturity 11/18/2022 0.155%() CD 1.34% Held FDIC Cert #. 5649 111182022 2.15 Death Put I DFS I Semi -Annual Pay 949495AQ8 245 xxxxxx9707 4- WELLS FARGO NATL BK WEST LAS V 1.900% 104.097 Maturity 01/17/2023 0.170% () CD 1.34% Held FDIC Cert #. 27389 0111712023 2.32 Death Put I WFC I Monthly Pay 58404DDMO 245 xxxxxx9707 -/- MEDALLION BK UTAH 2.850% 106.695 Maturity 03/06/2023 0.170% () CD 1.34% Held FDIC Cert #. 57449 03/062023 2.42 Death Put I MEDBNK I Monthly Pay I Restricted States: AL,OH,TX 149159MQ5 245 xxxxxx9707 -/- CATHAY BK LOS ANGEL CALIF 3.150% 108.164 Maturity 06/08/2023 0.185% () CD 1.34% Held FDIC Cert #. 18503 061082023 2.65 Death Put I CATY I Semi -Annual Pay I Restricted States: CA, NY 856425AR4 245 xxxxxx9707 -/- STATE BANK OF LISMORE LISMORE 3.100% 108.164 Maturity 06/27/2023 0.190% () CD 1.34% Held MN 0627/2023 2.70 FDIC Cert #. 8190 Death Put I SBKLIS I Monthly Pay 45581 EAX9 245 xxxxxx9707 4- INDUSTRIAL& COML BK CHINA USA 3.300% 108.752 Maturity 06/30/2023 0.190%() CD 1.34% Held FDIC Cert A 24387 06/302023 2.71 Death Put I ICBCAS I Monthly Pay I Restricted States: NON-USACCOUNTS Includes all positions with recognized CUSIP. For preferred securities, # of shares is displayed instead of current face value, which is represented in thousands (000) The (w) in the Yield column indicates which yield value is the Yield to Worst (YTW). Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0. 005/, a State of WA, and a State Tax rate of N/A. Page 9 of 27 CITY OF HUTCHINSON XXXXXX9707 Acq Date Tot Adj Cost Mkt Value Unreal GIL ATY TEY Acq Px I Yid Adj Cost Px Accr I nt % Adj Cost 0.128% 0.128% 12/19/2018 $245,000 $259,315 $14,315 100.000 / 3.250% 100.000 $327 5.8% 0.271 % 0.271% 08/08/2017 $245,000 $254,790 $9,790 100.000 / 2.350% 100.000 $410 4.0% 0.156% 0.156% 11/03/2017 $245,000 $255,834 $10,834 100.000 / 2.200% 100.000 $0 4.4% 0.155% 0.155% 05/09/2017 $245,000 $257,392 $12,392 100.000 / 2.450% 100.000 $1,776 5.1% 0.170% 0.170% 01/17/2020 $245,000 $255,038 $10,038 100.000 / 1.900% 100.000 $217 4.1 % 0.170% 0.170% 03/05/2019 100.000 / 2.850% 0.185% 0.185% 06/013/2018 100.000 / 3.150% 0.190% 0.190% 06/27/2018 100.000 / 3.100% 0.190% 0.190% 08/30/2018 100.000 / 3.300% $245,000 $261,403 $16,403 100.000 $555 6.7% $245,000 $265,002 $20,002 100.000 $1,840 8.2% $245,000 $265,002 $20,002 100.000 $146 8..2% $245,000 $266,442 $21,442 100.000 $89 8.8% r PPENHEINIEk Position Details (continued...) CITY OF HUTCHINSON � o report as of 09/01/2020 XXXXXX9707 Position Details CUSIP Curr Face Account# Mdy I S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Value Unreal G/L Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yld Adj Cost Px Accr Int % Adj Cost 75472RAW1 245 xxxxxx9707 4- RAYMOND JAMES BK NATL ASSN 1.700% 104.402 Maturity 08/14/2023 0.200%(w) 0.200% 0.200% 02/14/2020 $244,982 $255,785 $10,803 CD 1.34% Held FDIC Cert #. 338g3 0811412023 2.89 100.000 / 1.700% 99.993 $228 4.4% Death Put I RJF I Semi -Annual Pay 59833LAF9 245 xxxxxx9707 -/- MIDWEST INDPT BK MO 3.150% 108.917 Maturity 09/18/2023 0.208%() 0.208% 0.208% 09/17/2018 $245,000 $266,847 $21,847 CD 1.34% Held FDIC Cert #. 25849 09/18/2023 2.91 100.000 / 3.150 % 100.000 $359 8..9% Death Put I MIDINB I Monthly Pay 61760ARSO 245 xxxxxx9707 4- MORGAN STANLEY PVT BK 3.550% 110.318 Maturity 11/08/2023 0.289% () 0.289% 0.289% 11/08/2018 $245,000 $270,279 $25,279 CD 1.34% Held PURCHASE 1110812023 3.01 100.000 / 3.550% 100.000 $2,812 10..3% FDIC Cert #. 34221 Death Put I MS I Semi -Annual Pay 538036CZ5 245 xxxxxx9707 -/- LIVE OAK BANKING COMPANY 2.500% 107.404 Maturity 12/13/2023 0.232%() 0.232% 0.232% 12/13/2017 $245,000 $263,140 $18,140 CD 1.34% Held WILMINGTON NC 12/13/2023 3.15 100.000/2.500% 100.000 $34 7.4% FDIC Cert #. 58665 Death Put I LIVOAK I Monthly Pay 06251AV80 245 xxxxxx9707 -/- BANK HAPOALIM B M NEWYORK 3.200% 109.996 Maturity 01/23/2024 0.237%() 0.237% 0.237% 01/23/2019 $245,000 $269,490 $24,490 CD 1.34% Held FDIC Cert #. 33686 01/23/2024 3.23 100.000 / 3.200% 100.000 $902 10..0% Death Put I Foreign I Emerging I HAPOAL I Semi -Annual Pay Restricted States: MT,TX 20033AP91 245 xxxxxx9707 -/- COMENITY CAP BK UTAH 3.100% 109.799 Maturity 02/15/2024 0.249% () 0.249% 0.249% 02/15/2019 $244,988 $269,008 $24,020 CD 1.34% Held FDIC Cert #. 57570 02115r2024 3.28 100.000 / 3.100% 99.995 $395 9.8% Death Put I ADS I Monthly Pay I Restricted States: OH,TX 057864AZ3 485 xxxxxx9707 Aa2/AA BALDWIN CNTY ALA PUB BLDG AUTH 3.000% 107.504 Maturity 03/01/2024 0.817% () 0.817% 0.817% 03/20/2020 $493,066 $521,394 $28,329 Muni 2.65% Held (Aa2i--) BLDG REV -JAIL PROJ 03r0112024 3.34 101.867 / 2.500% 101.663 $81 5.7% S&P Outlook Stable I Short First Coupon I Extraordinary Calls I Revenue I Government I Semi -Annual Pay 90348JJQ4 245 xxxxxx9707 -/- UBS BK USA SALT LAKE CITY UT 2.900% 109.416 Maturity 04/03/2024 0.260%() 0.260% 0.260% 04/03/2019 $245,000 $268,069 $23,069 CD 1.34% Held FDIC Cert #. 57565 04/0372024 3.42 100.000 / 2.900% 100.000 $0 9.4% Death Put I UBS I Monthly Pay 20056UAV6 500 xxxxxx9707 -/AA COMMERCE CALIF CMNTY DEV 3.000% 105.436 Maturity 08/01/2024 1.562% () Muni 2.73% Held (-IA) COMMN SUCCESSOR AGY TAX 0810112024 3.69 ALLOCATION Federally Taxable I S&P Outlook Stable I DID I Revenue I Government I AGMC Insured I Semi -Annual Pay Includes all positions with recognized CUSIP. For preferred securities, # of shares is displayed instead of current face value, which is represented in thousands (000). The (w) in the Yield column indicates which yield value is the Yield to Worst (YTW). Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0. 0051, a State of WA, and a State Tax rate of N/A. Page 10 of 27 1.562% 1.562% 05/09/2017 105.319 / 2.200% $514,910 $527,180 $12,270 102.982 $1,333 2.4% r PPENHEINIEk Position Details (continued...) � o report as of 09/01/2020 CUSIP Curr Face Account# Mdy I S&P Coupon Mkt Px Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield 438687KT1 1,000 xxxxxx9707 Aal/- HONOLULU HAWAII CITY &CNTY 1.832% 105.067 Maturity 08/01/2024 0.521%() Muni 5.46% Held (Aa I/) 0810112024 3.78 Material Events I Federally Taxable I Make Whole Call I General Obligation I Government I Semi -Annual Pay 20772.13.19 570 xxxxxx9707 Al/A CONNECTICUT ST 2.400% 105.673 Maturity 08/15/2024 0.934%( ) Muni 3.11% Held (A 1A) 081152024 3.78 Material Events I Federally Taxable I S&P Outlook Stable I General Obligation I Government I Semi -Annual Pay 64971QJ38 500 xxxxxx9707 Aal/AAA NEW YORK NY CITY TRANSITIONAL 2.600% 104.145 Next Call 11/01/2022 0.665% (w) Muni 2.73% Held (Aav--) FIN AUTH REV 1110112024 2.09 Maturity 11/01/2024 1.567% Material Events I Federally Taxable I S&P Outlook Stable I Callable I Revenue I Government I Semi -Annual Pay 949763P75 245 xxxxxx9707 -/- WELLS FARGO BK N A SIOUX FALLS 2.200% 100.496 Next Call 11/29/2020 0.119% (w) CD 1.34% Held SO 11/29/2024 024 Maturity 11/29/2024 2.078% FDIC Cert #. 3511 Callable I Death Put I WFC I Monthly Pay 696583GV9 460 xxxxxx9707 Aal/AAA PALM BEACH FLA REV 2.500% 104.873 Maturity 01/01/2025 1.337% () Muni 2.51% Held (Aav-) 0110112025 4.09 Federally Taxable I S&P Outlook Stable I Short First Coupon I Revenue I Government I Semi -Annual Pay 59013KFJO 245 xxxxxx9707 -/- MERRICK BK SOUTH JORDAN UTAH 1.800% 106.383 Maturity 01/31/2025 0.343% () CD 1.34% Held FDIC Cert #. 34519 0113112025 4.25 Short First Coupon I Death Put I MERICK I Monthly Pay I Restricted States: OH,TX 16166NCL7 300 xxxxxx9707 -/AA- CHASKA MINN ECONOMIC DEV 3.430% 109.362 Maturity 02/01/2025 1.242%() Muni 1.64% Held (-i) AUTHLEASE REV 0210112025 4.11 Material Events I Federally Taxable I State Taxable I S&P Outlook Negative I Revenue I Industrial I Semi -Annual Pay 05465DAE8 245 xxxxxx9707 4- AXOS BK SAN DIEGO CALIF 1.650% 105.858 Maturity 03/26/2025 0.355%() CD 1.34% Held FDIC Cert #. 35546 0326/2025 4.40 Death Put I BOR I Monthly Pay 29278TMJ6 245 xxxxxx9707 4- ENERBANK USA UT 2.000% 108.136 Maturity 10/31/2025 0.407% O CD 1.34% Held FDIC Cert #. 57293 10/31/2025 4.91 Death Put I CMS I Monthly Pay I Restricted States: OH,TX Includes all positions with recognized CUSIP. For preferred securities, # of shares is displayed instead of current face value, which is represented in thousands (000) The (w) in the Yield column indicates which yield value is the Yield to Worst (YTW). Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.005/, a State of WA, and a State Tax rate of N/A. Page 11 of 27 CITY OF HUTCHINSON XXXXXX9707 Acq Date Tot Adj Cost Mkt Value Unreal GIL ATY TEY Acq Px / Yld Adj Cost Px Accr I nt % Adj Cost 0.521% 0.521% 10/30/2019 $996,000 $1,050,670 $54,670 99.600 / 1.920% 99.600 $1,628 5.5% 0.934% 0.934% 07/11/2019 $568,906 $602,336 $33,430 99.808 / 2.440% 99.808 $684 5.9% 0.665% 0.665% 05/09/2017 $486,750 $520,725 $33,975 1.567% 1.567% 97.350 / 2.998% 97.350 $4,406 7.0% 0.119% 0.119% 11/29/2019 $245,000 $246,215 $1,215 2.078% 2.078% 100.000 / 2.200 % 100.000 $74 0.5% 1.337% 1.337% 01/08/2020 $468,524 $482,416 $13,892 102.120 / 2.050% 101.853 $1,981 3.0% 0.343% 0.343% 01/31/2020 100.000 / 1.800% 1.242 % 1.242 % 02/03/2020 107.752 / 1.800% 0.355% 0.355% 03/26/2020 100.000 / 1.650% 0.407% 0.407% 10/31/2019 100.000 / 2.000 % $245,000 $260,638 $15,638 100.000 $72 6.4% $320,640 $328,086 $7,446 106.880 $915 2.3% $245,000 $259,352 $14,352 100.000 $89 5.9% $245,000 $264,933 $19,933 100.000 $40 8..1% r PPENHEINIEk Position Details (continued...) CITY OF HUTCHINSON � o report as of 09/01/2020 XXXXXX9707 CUSIP Curr Face Account# Mdy I S&P Coupon Mkt Px Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY 032879UV8 500 xxxxxx9707 -/AA ANCHOR BAY MICH SCH DIST 1.250% 100.053 Maturity 05/01/2026 1.240% () 1.240% 1.240% Muni 2.73% Held (-i) 0510112026 5.44 Material Events I Federally Taxable I S&P Outlook Negative I Short First Coupon I General Obligation I Education I Semi -Annual Pay Includes all positions with recognized CUSIP. For preferred securities, # of shares is displayed instead of current face value, which is represented in thousands (000). The (w) in the Yield column indicates which yield value is the Yield to Worst (YTW). Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.005/, a Cap Gains Tax rate of 0. 005/, a State of WA, and a State Tax rate of N/A. Page 12 of 27 Acq Date Tot Adj Cost Mkt Value Unreal G/L Acq Px / Yld Adj Cost Px Accr I nt % Adj Cost 07/16/2020 $503,550 $500,265 ($3,285) 100.726 / 1.120% 100.710 $816 (0.74I PPENHEIMEI Coupon Cash Flow CITY OF HUTCHINSON report as of 0910112020 XXXXXX9707 Sep'20 Oct'20 Nov'20 Dec'20 Jan'21 Feb'21 Mar'21 Apr'21 May'21 Jun'21 Jul'21 Aug'21 Sep'21 Total %Tot Agency - Agency Pass-Thru =I Asset -Backed CD $22,112 $13,315 $22,089 $16,127 $14,631 $19,780 $17,200 $11,065 $19,948 $13,460 $13,621 $15,975 $199,323 47.3% CMO - - - - - - - - - - - - =I - - Corporate - - - - - - - - I - - Muni :Fed Tax - $22,540 $3,767 $6,171 $28,645 - $23,842 $3,767 $6,356 $28,645 $123,734 29.3% Muni: Tax -Exempt $7,113 - - - $35,750 $7,275 - - $12,812 $35,750 $98,701 23.4% Muni: Subj AMT - - - - - - - Pfd: Fed Tax Pfd: Tax -Exempt Pfd: Cap Gains Treasury Total $29,226 $13,315 $44,630 $19,894 $20,801 $84,175 $24,475 $11,065 $43,790 $17,227 $32,789 $80,370 $421,757100.0% Fed Tax -Exempt $7,113 - - - - $35,750 $7,275 - - - $12,812 $35,750 $98,701 23.4% Fed Taxable $22,112 $13,315 $44,630 $19,894 $20,801 $48,425 $17,200 $11,065 $43,790 $17,227 $19,977 $44,620 $323,056 76.6% Subj to Cap Gains - - - - - - - - - - - - - - Subj to AMT 0 Fed Tax -Exempt 0 Fed Taxable 0 Sabi to Cap Gains 0 Suhj to AMT $80,000 $60,000 $40,000 $20,000 $0 ■ Sep'20 Oct'20 Nov'20 Dec'20 Jan'21 Feb'21 Mar'21 Apr'21 May'21 Jun'21 Jul'21 Aug'21 Sep'21 Includes all positions with recognized CUSIP, quantity, market price and full analytical calculations on reporting date. Includes coupon cash flows for the next 12 months, from 0910112020 to 0813112021. Totals are the sum of rounded displayed values. The cash flows displayed are only estimates. Your actual interest and principal payments maybe higher or lower than these estimates. Page 13 of 27 PPENHEINIEk Maturity & Duration - All CITY OF HUTCHINSON report as of 09/01/2020 XXXXXX9707 40 % 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti titioecc Q 40% 20% 00 01 O'L 03 Ob Oh 00 O^ 00 00 ,y0 ,y1 ,y'L ,y3 ,yb ,y5 10 ti1 ,y0 ,y°� .y0 .y1 .y'L .y3 ,yb ,yh ti0 ti� ti$ ti0 "� Displays represent % of market principal for all positrons with a recognized CUSIP, quantity, current market price and available analytical calculations. Average life used for principal paydowns, and perpetual securities are assigned a 40 year maturity. Duration figure represents modified duration to worst. Year 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050+ Perpetual Page 14 of 27 Curr Face k $1,225,000 6.78% $3,765,000 20.83% $4,854,000 26.85% $2,205,000 12.20 % $4,035,000 22.32% $1,495,000 8.27% $500,000 2.77% Mkt Value k Range Cur -Face k $1,228,303 6.52% 00-01 $4,210,000 23.29% $3,822,675 20.29°k 01-02 $5,389,000 29.81% $5,049,757 26.80% 02-03 $2,705,000 14.96% $2,368,937 12.57% 03-04 $3,780,000 20.91% $4,275,088 22.69% 04-05 $1,495,000 8.27% $1,595,425 8.47% 05-06 $500,000 2.77% $500,265 2.66% 06-07 07-08 08-09 09-10 10-11 11-12 12-13 13-14 1415 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 23-24 24-25 25-26 26-27 27-28 28-29 29 30 30+ Mkt Value k $4,247,795 22.55% $5,585,929 29.65% $2,869,469 15.23% $4,041,566 21.45% $1,595,425 8.47% $500,265 2.66% '='O� HRA HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY Regular Board Meeting Teleconference Call (GoToMeeting) Tuesday, September 15, 2020, 7:00 AM Minutes CALL TO ORDER: Chair Renee Lynn Johnson Kotlarz called the meeting to order via telephone. Members Present: Gary Forcier, and Steve Jensen via telephone. Staff Present: Jean Ward and Judy Flemming. a. Approve the Hutchinson HRA Regular Board Meeting agenda and any agenda additions and/or corrections. Gary Forcier moved to approve the agenda as presented. Steve Jensen seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON AUGUST 18, 2020 Gary Forcier moved to approve the Minutes of the regular board meeting as written, and Steve Jensen seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously. 3. FINANCIAL REPORTS Gary Forcier moved to approve: a. City Center General Fund payments of $15,126.86 for checks 9137 to 9142 b. City Center August 31, 2020 Financial Statements c. Park Towers Operating Account payments of $44,973.08 for checks 15049 to 15078 d. July 2020 Park Towers financial statements Steve Jensen seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously. 4. PARK TOWERS UPDATE a. Occupancy Report — 2 vacant units but made an offer to an applicant. b. Jean Ward reviewed with the Board the September Newsletter. c. 7:30 A.M. PUBLIC HEARING to review 2021 PHA Annual Plan and 2021 Capital Fund Program • Chair Renee Lynn Johnson Kotlarz opened the Public Hearing. Jean Ward reviewed the 2021 PHA 5 Year Plan and the 2021 Capital Fund Program. No public comments. Steve Jenson moved to close the Public Hearing. Gary Forcier seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously. Chair Renee Lynn Johnson Kotlarz closed the Public Hearing. d. Steve Jensen moved to approve Resolution #2020 — 4 Civil Rights Certification HUD- 50077-CR. Gary Forcier seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously. September 15, 2020 Minutes Page 1 of 2 e. Steve Jensen moved to approve Resolution #2020 — 5 PHA Certification of Compliance with PHA Plans and Related Regulations. Gary Forcier seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously. f. Gary Forcier moved to approve the 2017-2021 Revision 2 Capital Fund Plan. Steve Jensen seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously. g. Steve Jensen moved to approve Resolution #2020 — 6 to approve Park Towers 2020 budget. Gary Forcier seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously. h. Steve Jensen moved to approve #2020 — 7 to adopt Passbook Savings Rate. Gary Forcier seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously. 5. RAD UPDATE a. Gary Forcier moved to approve the Execution of RAD Conversion Commitment. Steve Jensen seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously. b. Gary Forcier moved to approve the hiring of a RAD attorney. Steve Jensen seconded. Gary amended the motion to included "payment up to $50,000 for work done on the RAD closing". Steve Jensen seconded the amendment. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The amended motion carried unanimously. c. FYI: RealPage Software Conversion September 15a`. 6. CONSIDERATION OF CITY HILP PROJECTS a. Steve Jensen moved to approve City Grant Program Project: 956 Osgood Avenue SW. Gary Forcier seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously. b. Steve Jensen moved to approve City Grant Program Project: 905 Cleveland Avenue SW contingent to loan review committee approval. Gary Forcier seconded. Roll Call: Kotlarz — Aye; Forcier — Aye & Jensen — Aye. The motion carried unanimously. 7. COMMUNICATIONS a. Job posting for Park Towers Housing Specialist position due to resignation September 1, 2020 b. 907 Dale Street Rental Rehab Project c. Discussion on Housing Projects in Hutchinson. 0-W 8. ADJOURNMENT Steve Jensen moved to adjourn and Gary Forcier seconded. There being no other business, Chair Renee Lynn Johnson Kotlarz declared the meeting adjourned. Recorded by Jean Ward, HRA Exeqjjivo Director tGar—yFr­cicr, Secretary/Treasurer September 15, 2020 Minutes Page 2 of 2 Planning, Zoning and Building Dept. Monthly Report 1st Quarter 2020 Building Department Permit Activities 1st Qtr. 2019 1st Qtr. 2020 2019 Year to Date 2020 Year to Date Total Number Inspections 840 503 840 870 Total Number Plan Review 30 38 30 30 Building Permits Issued by Type Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Year to Date Number Permits & Valuation Commercial (new) 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Commercial ( additions/remodels) 12 $492,500.00 16 $4,201,550.00 B 12 $492,500.00 16 $4,201,550.00 Total Commercial 12 $492,500.00 16 $4,201,550.00 12 $492,500.00 16 $4,201,550.00 Industrial (new) 0 $0.00 0 $0.00 0 $0.00 0 Industrial (additions/remodels) 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Total Industrial 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Fire Sprinkling 2 $4,797.00 7 $200,610.00 2 $4,797.00 7 $200,610.00 New Residential 2 $566,694.00 10 $2,193,750.00 2 $566,694.00 10 $2,193,750.00 Residential mist (additions/remodels) 20 $173,735.00 27 $409,636.00 20 $173,735.00 27 $409,636.00 Set Fee permits (reside, reroof, window) 48 $0.00 42 $0.00 48 42 HRA Permits 1 $0.00 0 $0.00 1 $0.00 0 $0.00 Waived Fees 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Subtotal Building Permits 85 $1,237,726.00 102 $7,005,546.00 85 $1,237,726.00 102 $7,005,546.00 Mechanical 35 $341,890.00 50 $1,434,465.00 35 $341,890.00 50 $1,434,465.00 HRA Mechanical 0 $0.00 0 $0.00 0 0 Plumbing 21 $0.00 40 $0.00 21 40 HRA Plumbing 0 $0.00 0 $0.00 0 0 Total Valuation 141 $1,579,616.00 192 $8,440,011.00 141 $1,579,616.00 1921 $8,440,011.00 *Set fees not included in valuation A Commercial New B Commercial/Ind. Remodel 301 Glen St SE (Prince of Peace addidion) - $2,306,495; 1030 Hwy 15 S (Marshalls renovation) - $1,500,000; 1320 Hwy 15 S (Pizza Ranch remodel) - $150,000; 35 1st Ave SW (Art's Place renovation) - $67,545; 114 Main St N (Snap Fitnes renovation) - $56,382 C New Single Family 1332 Southfork Dr SE - $218,301; 1311 Southfork Dr SE - $221,990; 1260 Denver Ave SE - $183,234; 126 Detroit Ave SE - $212,488; 1305 Southfork Dr SE - $227,863; 177 Detroit Ave SE - $205,292; 1354 Southfork Dr SE - $229,529; 193 Detroit Ave SW - $229,335; 1353 Southfork Dr SE - $290,163; 975 Texas Cir NW - $175,555 Other Building Inspection Activities Feb 6 & 7 Region III ICC Education Evergreen Meals served January - March Week of Hutchinson Park Towers Silver Lake Glencoe Brownton Stewart week 625 136 13 418 86 173 week 878 184 46 572 184 226 week 992 214 68 766 150 429 week 635 331 80 421 139 211 week 300 100 23 188 53 100 3430 965 230 2365 612 1139 Total Meals served January - March 8741 Dates Closed Jan 1 (New Years), Jan 17(snow); Planning, Zoning and Building Dept. Monthly Report Building Department Permit Activities 2nd Quarter 2020 2nd Qtr. 2019 2nd Qtr. 2020 2019 Year to Date 2020 Year to Date Total Number Inspections 1332 746 2172 1616 Total Number Plan Review 55 67 85 97 Building Permits Issued by Type Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Year to Date Number Permits & Valuation Commercial (new) 1 $695,800.00 0 $0.00 1 $695,800.00 0 $0.00 Commercial ( additions/remodels) 29 $8,653,851.00 39 $3,138,231.00 B 40 $9,146,351.00 55 $7,339,781.00 Total Commercial 30 $9,349,651.00 39 $3,138,231.00 41 $9,842,151.00 55 $7,339,781.00 Industrial (new) 0 $0.00 0 $0.00 0 $0.00 0 Industrial (additions/remodels) 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Total Industrial 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Fire Sprinkling 0 $0.00 13 $322,907.00 2 $4,797.00 20 $523,517.00 New Residential 14 $3,050,863.00 6 $1,231,838.00 16 $3,617,557.00 16 $3,425,588.00 Residential mist (additions/remodels) 42 $190,949.00 51 $269,344.00 62 $364,684.00 78 $678,980.00 Set Fee permits (reside, reroof, window) 186 $0.00 214 $0.00 234 256 HRA Permits 0 $0.00 0 $0.00 1 $0.00 0 $0.00 Waived Fees 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Subtotal Building Permits 272 $12,591,463.00 323 $4,962,320.00 356 $13,829,189.00 425 $11,967,866.00 Mechanical 58 $483,208.00 45 $280,549.00 93 $825,098.00 95 $1,715,014.00 HRA Mechanical 0 $0.00 0 $0.00 0 0 Plumbing 28 $0.00 35 $0.00 49 75 HRA Plumbing 0 $0.00 0 $0.00 0 0 Total Valuation 358 $13,074,671.00 403 $5,242,869.00 14981 $14,654,287.00 595 $13,682,880.00 *Set fees not included in valuation A Commercial New B Commercial/Ind. Remodel 900 Harrington St SW (Rec Center remodel) - $879,000; 1020 Hwy 7 W (Hutch E Free Church remodel) - $86,000; 1100 Goebel St SW (HHS Softball fields) - $444,671; 1200 Roberts Rd SW (HHS Scoreboards) - $210,000; 528 Dale ST SW (Goebel Fixture office remodel) - $200,000; 1200 Roberts Rd SW (HHS Bleacher footing/foundation) - $172,520; 1200 Roberts Rd SW (HHS bleacher) - $533,700; 1200 Adams St SE (Armory lighting improvements and fence) - $170,000; 301 Glen St SW (Prince of Peace siding) - $82,500; C New Single Family 134 Detroit Ave SE - $185,000; 1368 Bradford St SE - $214,013; 182 Detroit Ave SE - $213,033: 55 N High Dr NE - $195,843; 404 Grant Ave SE - $231,700: 545 3rd Ave SW - $192-249; Other Building Inspection Activities 4/2 ISO BCEGS Review: 4/20 Rec Center Pre -Construction meeting; 5/4 - Facilities Committee Meeting; 6/17 - MN DLI Seminar - MN IRC Amendments Evergreen Meals served April - June Week of Hutchinson Park Towers Silver Lake Glencoe Brownton Stewart week 499 211 144 344 78 167 week 898 424 248 548 200 238 week 830 432 232 541 196 316 week 884 404 243 511 149 273 week 467 318 158 300 158 142 3578 1789 1025 2244 781 1136 Total Meals served April - June 10553 Dates Closed 25-May Planning, Zoning and Building Dept. Monthly Report Building Department Permit Activities 3rd Quarter 2020 3rd Qtr. 2019 3rd Qtr. 2020 2019 Year to Date 2020 Year to Date Total Number Inspections 947 561 3119 1810 Total Number Plan Review 55 68 140 173 Building Permits Issued by Type Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Year to Date Number Permits & Valuation Commercial (new) 2 $4,025,000.00 3 $1,274,036.00 3 $4,720,800.00 3 $1,274,036.00 Commercial ( additions/remodels) 36 $11,606,270.00 25 $1,989,510.00 B 77 $20,752,621.00 80 $9,329,291.00 Total Commercial 38 $15,631,270.00 28 $3,263,546.00 80 $25,473,421.00 83 $10,603,327.00 Industrial (new) 0 $0.00 2 $3,333,920.00 0 $0.00 2 $3,333,920.00 Industrial (additions/remodels) 4 $5,166,145.00 1 $246,500.00 4 $5,166,145.00 1 $246,500.00 Total Industrial 4 $5,166,145.00 3 $3,580,420.00 4 $5,166,145.00 3 $3,580,420.00 Fire Sprinkling 6 $82,878.00 7 $110,196.00 8 $87,675.00 27 $633,713.00 New Residential 4 $786,399.00 15 $3,001,523.00 20 $4,403,956.00 31 $6,427,111.00 Residential mist (additions/remodels) 33 $255,315.00 43 $186,039.00 95 $620,029.00 121 $865,019.00 Set Fee permits (reside, reroof, window) 1651 $0.00 183 $0.00 3991 439 HRA Permits 0 $0.00 0 $0.00 1 $0.00 0 $0.00 Waived Fees 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Subtotal Building Permits 250 $21,922,007.00 279 $10,141,724.00 607 $35,751,226.00 704 $22,109,590.00 Mechanical 60 $2,762,555.00 43 $403,161.00 153 $3,587,653.00 1381 $2,118,175.00 HRA Mechanical 0 $0.00 0 $0.00 01 0 Plumbing 21 $0.00 37 $0.00 70 112 HRA Plumbing 0 $0.00 0 $0.00 0 0 Total Valuation 331 $24,684,562.00 359 $10,544,885.00 830 $39,338,879.00 954 $24,227,765.00 *Set fees not included in valuation A Commercial New 1105 Benjamin Ave SE (footing & foundation for new Rite Way bldg) - $337,000; 1200 Roberts Rd SW (above grade work for new HHS bleachers) - $459,480; 1105 Benjamin Ave SE (Shell for Rite Way) - $432,000; 155 Shady Ridge Rd NW (Lighthouse Conceling Center) - $477,556; 1105 Benjamin Ave SE (Rite Way buildout) - $2,901,920; B Commercial/Ind. Remodel 35 Adams St NE (MSY amonia tank) - $246,500; 800 Bluff St NE (roof at Our Saviors Church) - $81,995; 905 Adams St SE (3M reroof) - $1,089,595; 907 Dale St SW (South Dale Apts exterior work) - $334,460; 1004 Neal Ave SW (South Dale Apts.) - $191,528; C New Single Family 198 Detroit Ave SE - $252,793; 1023 Whiteowl Trl SW - $189,545; 1036 Whiteowl Trl SW - $189,545; 1044 Whiteowl Trl SW - $189,545; 1052 Whiteowl Trl SW - $189,545; 1060 Whiteowl Trl SW - $189,545; 1068 Whiteowl Trl SW - $189,545; 1076 Whiteowl Trl SW - $189,545; 1084 Whiteowl Trl SW - $189,545; 157 Eau Claire Ave SE - $223,178; 108 Denver Ave SE - $203,820; 915 Texas Cir NW - $173,921; 118 Eau Claire Ave SE - $174,953; Other Building Inspection Activities 110 Detroit Ave SE - $229,487; 1329 Southfork Dr SE - $227,011; Evergreen Meals served July - September Week of Hutchinson Park Towers Silver Lake Glencoe Brownton Stewart week 712 320 171 514 170 292 week 913 249 197 472 150 308 week 1148 288 206 568 189 271 week 795 222 208 445 173 212 week 593 152 167 271 71 136 4161 1231 949 2270 753 1219 Total Meals served July - September 10583 Dates Closed July 3, September 7