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cp03-28-23HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, MARCH 28, 2023 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: City policy and practices, 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 theprivate citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference or, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previous y reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (T is is an opportunityor 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 if he will be acceptingpublic comments during the agenda item if not a public 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, butplease refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of March 14, 2023 CONSENT AGENDA (The items listedfor 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 I (a) Consideration for Approval of Out of State Travel for Public Works Employees to Attend the 2023 APWA North American Snow Conference in Omaha, NE from April 16-19, 2023 (b) Consideration for Approval of Authorizing National Community Survey for 2023 (c) Consideration for Approval of Issuing Transient Merchant License to Virginia Hightower of TNT Fireworks from June 20 — July 5, 2023, in Walmart Parking Lot (d) Consideration for Approval of Resolution No. 15588 - Resolution Approving State of Minnesota Joint Powers Agreement With the City of Hutchinson on Behalf of Its City Attorney and Police Department (Use of BCA Systems and Tools) (e) Consideration for Approval of Resolution No. 15589 — Resolution Authorizing the City of Hutchinson to Complete an LCCMR Grant Application for Funding of the Otter and Campbell Lakes Restoration Project CITY COUNCIL AGENDA —March 28, 2023 (f) Consideration for Approval of Resolution No. 15590 - Resolution Adopting Findings of Facts and Reasons for Approval of Site Plan Review and Lot Split Located at 955 Hwy 7 West with Favorable Planning Commission Recommendation (g) Consideration for Approval of Change Order No. 3 & 4 — Letting No. 6, Project No. 21-06 (Water and Wastewater SCADA Systems Improvements) (h) Claims, Appropriations and Contract Payments — Register A 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — 6:00 P.M. 9. CONTINUED ASSESSMENT HEARING FOR 2023 PAVEMENT IMPROVEMENT PROJECTS (LETTING NO. 2, PROJECT NO. 22-02, 23-02 & 22-03) (a) Resolution No. 15581 - Resolution Adopting Assessment 10. ASSESSMENT HEARING AND PROJECT AWARD FOR ALLEY IMPROVEMENTS PROJECT (LETTING NO. 3, PROJECT NO. 23-03 & 23-04) (a) Resolution No. 15591 — Resolution Adopting Assessment (b) Resolution No. 15592 — Resolution Accepting Bid and Awarding Contract purpose of this portion of the agenda is to provide the Council with information necessary to craft wise policy. ides items like monthly or anmsal reports and communications from other entities.) 11. PLANNING & ZONING DEPARTMENT YEAR END REPORT 12. PUBLIC WORKS DEPARTMENT YEAR END REPORT UNFINISHED BUSINESS NEW BUSINESS 13. APPROVE/DENY REQUEST RELATED TO DEFERRED ASSESSMENTS ON PROPERTY LOCATED AT 845 HWY 7 WEST 14. APPROVE/DENY AIRPORT HANGER PROJECT — AWARD BID, APPROVE WORK ORDER, AUTHORIZE INTERFUND LOAN 15. APPROVE/DENY FIRST READING OF ORDINANCE NO. 23-838 — ORDINANCE AMENDING CHAPTER 95 — PUBLIC PARKS 16. APPROVE/DENY SETTING JOING MEETING WITH HUTCHINSON UTILITIES COMMISSION GOVERNANCE 2 CITY COUNCIL AGENDA —March 28, 2023 (The purpose of this 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) 17. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) December 2022 Preliminary Financial Statements & Local Sales Tax Update (b) City of Hutchinson Financial Report and Investment Report for February 2023 (c) Library Board Minutes from January 23, 2023 (d) Hutchinson Housing & Redevelopment Authority Board Minutes from February 21, 2023 MISCELLANEOUS 18. STAFF UPDATES 19. COUNCIL/MAYOR UPDATE ADJOURNMENT HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, MARCH 14, 2023 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: City policy and practices, 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. Mayor Gary Forcier called the meeting to order. Members present were Dave Sebesta, Tim Burley and Pat May. Member absent was Chad Czmowski. Others present were Matt Jaunich, City Administrator and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Burley, second by Sebesta, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — The River Church Hutchinson (The invocation is a voluntary expression of theprivate 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 previous y reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (T is is an opportunityor 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 if not a public 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, butplease refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of February 28, 2023 Motion by May, second by Sebesta, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedJor 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 (a) Consideration for Approval of Resolution No. 15575 — Resolution Transferring Funds to the 2022 Construction Fund, General Fund and Capital Projects Fund (b) Consideration for Approval of Resolution No. 15576 — Resolution Transferring American Rescue Plan Act Monies to the Capital Projects Fund CITY COUNCIL MINUTES — March 14, 2023 (c) Consideration for Approval of Resolution No. 15578 — Amending Resolution No. 15451 Transferring from the Community Improvement Fund to the 2013 Debt Service Fund (d) Consideration for Approval of Resolution No. 15579 — Resolution Transferring Funds to the 2020 Construction Fund (e) Consideration for Approval of Resolution No. 15580 - Traffic Control Resolution (No Parking - Boulder Street/Roberts Road) (f) Consideration for Approval of Items for Alley Improvement Project (Letting No. 3, Project No. 23-03 & 23-04) 1. Resolution No. 15583 - Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment 2. Resolution No. 15584 - Resolution for Hearing on Proposed Assessment (g) Consideration for Approval of Resolution No. 15587 — Resolution Authorizing an Interfund Loan from the Downtown Loan Fund for Advance of Certain Costs in Connection with Tax Increment Financing District No. 4-16 (h) Consideration for Approval of Purchasing Planning and Building Department Software with Brightly Software, Inc. (i) Claims, Appropriations and Contract Payments Motion by May, second by Sebesta, to approve consent agenda. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. ASSESSMENT HEARING AND PROJECT AWARD FOR 2023 PAVEMENT IMPROVEMENT PROJECTS (LETTING NO. 2, PROJECT NO. 22-02, 23-02 & 22-03) (a) Resolution No. 15581 - Resolution Adopting Assessment (b) Resolution No. 15582 - Resolution Accepting Bid and Awarding Contract Mike Stifter, Public Works Director, presented before the Council. Mr. Stifter explained that the project includes improvements on School Road NW, Century Avenue SW and a trail project on Hwy 15 South. The low bid came in from Valley Paving, Inc. with a bid of $452,154.33 which was 15% lower than the final engineer's estimate. Mr. Stifter reviewed the proposed assessments of each property for each area of the project. Mr. Jaunich noted that the staff did receive a written objection to the assessments proposed on the School Road portion of the project. As part of this, staff is requesting that the hearing be continued to March 28, 2023, and that Resolution No. 15581 be tabled. Mark Bullert, 951 Golf Course Road, presented before the Council. Mr. Bullert explained that the property has been in his family for 55 years and he and his wife have owned it for two years. Mr. Bullert explained that over the last 40 years there have been eight proposed or potential assessments totaling $240,000. The principal amount that has been paid in assessments is $51,000. Mr. Bullert stated that he and his wife have concerns with the current proposed assessments and they have been working with staff on solutions and discussions have been very favorable and they look forward to agreeing on a solution. Motion by May, second by Sebesta, to continue public hearing to 6:00 p.m. on March 28, 2023. Motion carried unanimously. 2 CITY COUNCIL MINUTES - March 14, 2023 Motion by May, second by Burley, to approve Resolution No. 15582. Motion carried unanimously. Motion by May, second by Burley, to table Resolution No. 15581 to March 28, 2023, at 6:00 p.m. Motion carried unanimously. 9. UPTOWN GRAND SANITARY SEWER REALIGNMENT (LETTING NO. 5, PROJECT NO. 23- 06) (a) Resolution No. 15585 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 15586 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Justin Black, City Engineer, presented before the Council. Mr. Black explained that this is the first of two hearings related to this project with the hearing tonight being considered as the improvement hearing and the following hearing in the future will be the assessment hearing. Mr Black explained that the project consists of removing the sanitary sewer line between Glen Street NW and Franklin Street NW, north of 1 st Avenue NW. New sewer will be installed on Glen Street NW, 1st Avenue NW and Franklin Street NW with reclaiming and repaving of these streets. The main purpose of this project is to assist in supporting the new Uptown Grand development. The project is estimated at $753,000 with the City proposing to assess abutting properties a small portion of the total project cost. Matthew Fitzgerald, 316 1st Avenue NW, presented before the Council. Mr. Fitzgerald stated that he and neighboring property owners have some concerns with the development project itself related to potential increased traffic. Mr. Fitzgerald asked if there is a timeline for the development project and if there will be an opportum for property owners to speak on it. Mr. Fitzgerald had questions regarding the letter received by him and other property owners regarding assessments. Black clarified the properties that will be assessed for the sewer realignment. Geoff Davis, 335 1st Avenue NW, presented before the Council. Mr. Davis raised concerns with the increased traffic the Uptown Grand development will bring to the neighborhood. Mr. Davis also asked questions related to the sewer realignment itself Mr. Jaunich explained that staff is aware that the sewer line needs to be realigned regardless of the development project. The sewer line currently runs under private property and needs to be realigned to run under the streets. The hearing tonight is not for the purpose of discussing the development project and there may be future hearings related to it dependent on what the developer submits for plans. Jean Witt, 125, 135, 145 Glen Street NW, presented before the Council. Ms. Witt asked if staff has a timeline of project start. Mr. Black is anticipating the project to start in July but staff will know more when the bids are opened and awarded. The project is estimated to be completed in 6-8 weeks from the start date. Motion by Sebesta, second by May, to close public hearing. Motion carried unanimously. Motion by May, second by Burley, to approve Resolution Nos. 15585 and 15586. Motion carried unanimously. MMUNICATIONS REQUESTS AND PETITIONS purpose o this portion oJ the agenda is to provide the ounce with information necessary to craft wise policy. Ides items like monthly or annual reports and communications from other entities.) 10. POLICE DEPARTMENT YEAR END REPORT Chief Tom Gifferson provided the Council a review of the department's 2022 year-end report. Items covered included information on staffing, fleet, calls for service, crime statistics, patrol, school resource officer, child protection officer, drug task force, hospital security program, and Citizens CITY COUNCIL MINUTES — March 14, 2023 Police Academy. Chief Gifferson also reviewed 2023 goals for the department. Chief Gifferson also provided an overview of the new police facility project with intentions of moving in late April or early May. A series of open houses will be held when the project is completed and the department is fully moved in. Chief Gifferson also spoke about how the department addresses and maintains officers' mental health. Lastly Chief Gifferson commented on the benefits of the body camera program. UNFINISHED BUSINESS NEW BUSINESS 11. APPROVE/DENY RESOLUTION NO. 15577 — RESOLUTION TRANSFERRING FROM THE GENERAL AND COMMUNITY IMPROVEMENT FUNDS TO THE CAPITAL PROJECTS FUND Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that in 2022 the Council approved an improvement project for the civic arena's east rink. At the time the project was approved, staff made the Council aware that the City's facility plan did not have sufficient funds to finance the project and that other reserved funds would be needed to fill the funding gap. Analysis completed by the finance department shows that $1,300,000 needs to be transferred from reserve funds into the Facility Plan (within the Capital Projects fund) to cover the gap in project costs. This funding will essentially provide the Facility Plan with a net zero balance at the end of 2022. The Facility Plan receives annual funding of $700,000 from the City's LGA fund. Mr. Reid then reviewed an analysis of current reserve funds and the impact of the Civic Arena roof project in addition to the final funding for the new police facility. Mr. Reid is proposing to transfer $800,000 from the Community Improvement Fund to the Capital Projects Fund and transfer $500,000 from the general fund reserves to the Capital Projects Fund to cover the $1,300,000 shortfall. With this proposed transfer, a 55% fund balance remains in the general fund which is very healthy and should not affect the City's bond rating. Motion by May, second by Forcier, to approve Resolution No. 15577. Motion carried unanimously. 12. APPROVE/DENY BURICH ARENA — EAST RINK GUTTER/DOWNSPOUT DRAINAGE PROJECT Lynn Neumann, PRCE Director, presented before the Council. Ms. Neumann explained that the Facilities Committee is recommending that a gutter/downspout drainage project be conducted at the Burich Arena — East Rink this Spring. This project will connect the north side roof gutters/downspouts to underground piping leading to the existing storm sewer in the parking lot. It will also add underground drain tile along the building. Quotes have been received with the low quote coming in at $69,955.00 from Hjerpe Contracting, Inc. The project will be funded from the Facilities Fund. Motion by May, second by Sebesta, to approve Burich Arena — East Rink gutter/downspout drainage project. Motion carried unanimously. 13. APPROVE/DENY CITY CENTER PARKING LOT REPLACEMENT JJ Verhey, Facilities Manager, presented before the Council. Mr. Verhey explained that the Facilities Committee is recommending that the City Center parking lot be replaced at this time. The project has been delayed for a number of years due to other project priorities. Two quotes were received for the project with the low quote coming in at $93,565.00 from Wm Mueller & Sons. Motion by May, second by Burley, to approve city center parking lot replacement. Motion carried unanimously. 0 CITY COUNCIL MINUTES — March 14, 2023 GOVERNANCE (The purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 14. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Public Arts Commission Minutes from February 8, 2023 MISCELLANEOUS 15. STAFF UPDATES Lynn Neumann — Ms. Neumann explained that Mary Haugen and John McRaith have retired from the PRCE Department after serving over 80 years combined. Ms. Neumann acknowledged all that they have done for the City during their tenure. Ms. Neumann also noted that in February 2023, the City submitted an application to the League of American Bicyclists to renew its Bicycle Friendly Community status. The City currently holds a bronze designation and has been working hard to move up to a silver designation. The application is currently under review. A community survey is out for use for participants to complete for the City and the League to gain a better understanding of bicyclists' experiences. Staff is encouraging people to complete the survey which is out on various social media sites and web sites. John Olson — Mr. Olson spoke about impending Spring flooding and the City's flood planning procedure. John Paulson — Mr. Paulson explained that the annual rain barrel sale will be held on April 29, 2023, from 1:00-4:00 p.m. Mr. Paulson also noted that the lakes/river improvement project continues to move forward. He requested the public to provide input on the project. Also, if there are those interested in being more involved with a local Crow River Waters group, they should contact him and he will get them in touch with the appropriate representatives. Matt Jaunich — Mr. Jaunich spoke about public hearing procedures and how the process is designed for the Council to receive public comments and not necessarily provide feedback to the public. He also noted that the Spring clean-up (hard good pickup) date is scheduled for April 22, 2023. 16. COUNCIL/MAYOR UPDATE 17. CLOSED SESSION PURSUANT TO MINNESOTA STATUTE §13D.05, Subd. 3(c) TO DISCUSS SALE OF REAL PROPERTY LOCATED AT 715 JEFFERSON STREET SE Motion by May, second by Sebesta, to convene into closed session at 7:15 p.m. Motion carried unanimously. Motion by Sebesta, second by May, to reconvene into open session at 7:47 p.m. Motion carried unanimously. ADJOURNMENT Motion by May, second by Burley, to adjourn at 7:48 p.m. Motion carried unanimously. - HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Out of State Travel for Jerome Burmeister, Tim Read, Nick Pagel, and Josh Alnes Agenda Item: to attend Annual American Public Works Association's Snow Conference Department: PW/Eng LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Mike Stifter Agenda Item Type: Presenter: Mike Stifter Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: Per City Policy, it is requested that the City Council formally approve the out of state travel for Jerome Burmeister, Tim Read, Nick Pagel, and Josh Alnes to attend Annual American Public Works Association's Snow Conference from April 15-April 19, 2023 in Omaha, NE. Conference expenses will be covered by conference and training dollars in departmental budget. BOARD ACTION REQUESTED: Approval of Request Fiscal Impact: $ 2,500.00 Funding Source: Streets & Roadways 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 cR HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Authorizing National Community Survey for 2023 Agenda Item: Department: Administration LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 1 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Every four years, the City conducts the National Community Survey (NCS). Having conducted the survey in 2007, 2011, 2015, and 2019, we are now schedule to do it again this year. The NCS is a comprehensive statistical accurate survey for local governments. It is a collaboration of the National Research Center and the International City/County Management Association. The survey assesses aspects of community life, local government service quality, and resident participation in community activities and benchmarks those results against other local governments. Past surveys have been useful in setting policy for the community. Additional information is available upon request. Attached is a quote in the amount of $22,500 with add-ons totaling an addtional $4,150 for a total cost of $26,650 (or less if we don't do the add-ons). Cost have increased significantly since we last did it in 2019. The cost for us to do it at that time, which included the spanish translation and 3 custom questions was $16,600. Since the last time we conducted the survey, the National Research Center was purchased by POLCO. The costs include a one-year subscription to POLCO's online survey services, which may be an additional benefit to the City as well. Staff is recommending approval of the proposal and there will be additional action items in the future regarding this project, which will include the final survey questions. In the meantime, the Council should be thinking about potential custom questions that you may want to ask the community. BOARD ACTION REQUESTED: Approval of proposal, authorizing staff to begin working on the National Citizens Survey for 2023 Fiscal Impact: $ 26,650.00 Funding Source: General and Capital Fund FTE Impact: Budget Change: No 0 Included in current budget: Yes 0 PROJECT SECTION: Total Project Cost: $ 26,650.00 Total City Cost: $ 26,650.00 Funding Source: General and Capital Fund Remaining Cost: $ 0.00 Funding Source: N/A Products & Services Engage Module (all) + Assess Module (10K- 25K Population) 1 x $22,500.00 /year 1/2 Page of Custom Questions Spanish Translation Annual subtotal Total This quote expires on May14, 2023 1 x $2,800.00 / year 1 x $1,350.00 /year $26,650.00 $26,650.00 Questions? Contact me .A f Damema 4Manj damernagrn" *yi -13032266983 POICO 8001 -c rrace -. 201 W 153562 U5 HUTCHINSON CITY COUNCIL �'� $14 Request for Board Action A CITY ON PURPOSE. Agenda Item: Transient Merchant License - Virginia Daniel Hightower - TNT Fireworks Department: Administration LICENSE SECTION Meeting Date: 3/28/2023 Application Complete Yes Contact: Melissa Starke Agenda Item Type: Presenter: Melissa Starke Reviewed by Staff ❑✓ consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Virginia Daniel Hightower of TNT Fireworks has submitted a transient merchant license application to hold a fireworks tent sale in the Walmart parking lot from June 20, 2023, to July 5, 2023. Walmart has submitted correspondence indicating that they have no objection to this tent sale on their property. BOARD ACTION REQUESTED: Approve issuing transient merchant license to Virginia Daniel Hightower of TNT Fireworks from June 20, 2023, to July 5, 2023, in Walmart parking lot. 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: Ccynf 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-515]/Fax: (320) 234-4240 City of Hutchinson APPLICATION FOR PEDDLERS AND TRANSIENT MERCHANTS (Under Ordinance No. 111) Application T e choose one ❑ Peddler $125.00 Date of 03.02.2023 Transient Merchant $125.00 Application: ❑ Parade Peddler $ 30.00 it Information 2" X 2" Picture Required ❑ Valid for the following dates: June 20 - July 5, 2023 Name: VIRGINIA DANIEL HIGHTOWER Height: 5'4 Weight: 170 Eye Color: BROWN Driver's License Number: Permanent Address: 4003 HELTON DRIVE FLORENCE AL State: AL 35630 City Slate Zip Permanent Telephone: Temporary Address: 1300 HIGHWAY 15 S HUTCHINSON MN 35630 City Slate Zip Temporary Telephone Access: Have you been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations? ❑ yes ❑ no If yes, state the nature of offense and punishment or penalty assessed therefore: City of Hutchinson Application for Peddlers and Transient Merchants Page 2 of 4 Location Information WALMART PARKING LOT Location Name (CANNOT OCCUPY PUBLIC RIGHT-OF-WA)9 1300 HIGHWAY 15 S HUTCHINSON MN 55350 Location Address City State Zip If the applicant is not the property owner, the property owner must sign below granting permission for use of said property: SEE PERMISSION LETTER Propert , owner signature Pro erne owner name Business Information Describe relationship between applicant and employer: PERMITTING COORDINATOR Describe nature of business and describe item(s) offered: RETAIL SALES OF MN STATE APPROVED FIREWORKS Describe method of delivery: BY TRUCK Describe source of supply: AMERICAN PROMOTIONAL EVENTS 800.243.1189 Supplier Name Suppler Phone Number Supplier Address City State Zip Supplier Name Suppler Phone Number Supplier Address City State Zip Supplier Name Suppler Phone Number SupplierAddress City State zip Reference Information Provide two (2) property owners (in McLeod County) for character references: WALMART, INC 479.273.4298 Property Owner Name Property Owner Phone Number 702 SW 8TH STREET BENTONVILLE AR 72716 Property Owner Address City State Zip Property Owner Name Property Owner Phone Number Pro erti Owner Address City State Zip City of Hutchinson Application for Peddlers and Transient Merchants Page 3 of 4 Reference Information continued List last (up to three (3)) previous city(ies) where you carried on same activity (immediately preceding today's date): WEST ST PAUL to City State Date(s) of Activity ST CLOUD City State SARTELL City State _ to Date(s) of Activity to Date(s) of Activity Checklist The following items need to be completed and/or attached in order for the application to be processed: Application/Investigation fee paid in full (check or money order): X yes no Application completed in full and signed: X yes no I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. 03.02.2023 Internal Use Only Police 'E approved ❑ denied Notes: City Council 0 approved ❑ denied Notes: HAicensestApplicationdPeddler, Solicitor, Tr icnt.doc Date STATEMENT OF PURPOSE American Promotional Events dba TNT Fireworks is submitting for approval for the attached application. Location address: 1300 Hwy 15 S, Hutchinson, MN 55350 The purpose is to sell Minnesota State approved fireworks in a temporary tent from, approximately, June 201h 2023 - July 51h 2023. The tent will be erected about three days prior to the sale and removed within two to five days of completion of the sale. The hours of operation will be from 8am-10pm, or as dictated by local location ordinances. There will be two fire extinguishers readily accessible. "No Smoking," age limit signs, as well as "No Discharging Fireworks within 300f ' signs will be posted and enforced. There will be a minimum of two people onsite at all times and the product will be secured 2417 to ensure safety. If you have any questions, please do not hesitate to call me at 256-740-6158. Sincerely, Virginia Hightower Permitting Coordinator hightowerv@tntrireworks.com AMERICAN PROMOTIONAL EVENTS, INC. P.O. BOX 1318 •4511 HELTON DRIVE • FLORENCE, AL 35630 PHONE (256) 764-6131 - FAX (205) 533-6043 www.tntriireworks. co m DocuSign Envelope ID: 41A91D7B-FEM-44EF-83FD-005175C46677 Walmart 702 SW 81h Street Bentonville, AR 72716 Pete.Rosen@waImart.com August 15, 2022 To Whom It May Concern, American Promotional Events, Inc. dba TNT Fireworks is an approved National Supplier to conduct fireworks promotions on our Walmart parking lots where this type of promotion is legal. All stores have been researched and approved by the Walmart Realty Department. The approximate time frame for the promotions are: • December 26th, 2022 through and including January 101h, 2023. • June 12th, 2023 through and including July 12th, 2023 with the exception of Utah which has an additional selling period through the end of July for Pioneer Days. American Promotional Events, Inc. dba TNT Fireworks is authorized to sign for and obtain all necessary permits and/or licenses for the promotion and must display such permits and/or licenses at each stand/tent. Walmart grants permission for all patrons of the sale to utilize the restroom facilities at each participating store. An American Promotional Events, Inc. dba TNT Fireworks representative will call you to introduce the company and discuss your participation in the event. Participation is encouraged and does add additional income to your other income account. Store Management must approve the store's participation and placement on the parking lot. Thank you in advance for your cooperation in this matter and if you have any questions, please contact TNT Fireworks at 256-767-7142. Best Regards, CDxu3lgned by: -f� 377556219E43439... Pete Rosen Manager II Walmart Retail Services V c� HUTCHINSON CITY COUNCIL Request for Board Action A CITY ON PURPOSE. BCA and court system agreements with the Police Department and Lego! Agenda Item: Department Department: Police/Legal LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff M Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The city police and legal departments currently have agreements with the State of Minnesota so that our city departments can access criminal and court records. Those current agreements have expired. For your consideration are new agreements with the BCA in the state court system that will allow the police department and legal department to access criminal records so that the city departments can fulfill their duties. The cost to access the State records for the city is $600 per year. The agreements address how state records are to be accessed, responsibility for the record that are accessed and assurances of confidentiality of those records by city Attorney's office and the police department. For your consideration of approval are a joint powers agreement with the State of Minnesota, a court data services subscriber agreement and a resolution memorializing the council's approval of these agreements. City staff has review the agreements and asked that the council approve the agreements for both the city's legal department and Hutchinson police services. BOARD ACTION REQUESTED: Approval of agreements with the State of Minnesota for access to criminal records for the city's Legal Department and Hutchinson Police Services Fiscal Impact: $ 600.00 Funding Source: Police and Legal Budgets FTE Impact: 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. 15588 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF HUTCHINSON ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Hutchinson on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Hutchinson, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Hutchinson on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Police Chief, Tom Gifferson, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 3. That the City Attorney, Marc Sebora, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That Gary T. Forcier, the Mayor for the City of Hutchinson, and Matthew Jaunich, the City Administrator, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 28th day of March, 2023. CITY OF HUTCHINSON By: Gary T. Forcier Its Mayor ATTEST: By: Matthew Jaunich Its City Administrator SWIFT Contract # 223944 M N0430200 rin State of Minnesota Joint Powers Agreement MINN@SOTA This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Hutchinson on behalf of its Police Department ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as "Parties." Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA's systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to -Computer System Interface occurs when the Governmental Unit's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Governmental Unit will select a DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223944 M N0430200 method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre -employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit's employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https:Hbcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https:Hsps.x.state.mn.us/sites/bcaservicecatalog/defauIt.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https:Hbcanextest.x.state.mn.us/launchpad/coisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223944 M N0430200 particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI-CJIS requirements. When Governmental Unit's method of access is a computer -to -computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CAS Security Policy. The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. The bills are sent annually for a total cost of One Thousand Five Hundred Sixty Dollars ($1,560.00). The Governmental Unit will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue Saint Paul, MN 55106 Telephone: 651.793.1007 DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223944 M N0430200 Email Address: Dana.Gotz@state.mn.us The Governmental Unit's Authorized Representative is the person below, or his/her successor: Name: Chief Thomas Gifferson Address: 10 Franklin Street SW Hutchinson, MN 55350-2464 Telephone: 320.587.2242 Email Address: tifferson@hutchinsommn.gov Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit's liability. Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit's records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit's records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223944 M N0430200 8 Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, "Individual User" means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Governmental Unit and BCA's determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Governmental Unit's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223944 M N0430200 Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223944 M N0430200 The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: (PRINTED) Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 7 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Signed: Title: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: Date: DPS/BCA CJDN JPA_March 2021 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Hutchinson on behalf of its Police Department ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 223944, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a parry to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. L "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. Office. g. "Court" shall mean the State of Minnesota, State Court Administrator's h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self -regulatory body. Subscriber's access to the Court Records for personal or non -official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third parry except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self -regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub -section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. L Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat, Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 0 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the parry to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON -WAIVER. The failure by any parry at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber not Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 0 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: (PRINTED) Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Signed: Title: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: (PRINTED) Signed: Title: (with authorized authority) Date: 10 SWIFT Contract # 223945 M N043031A r1l State of Minnesota Joint Powers Agreement MINN@SOTA This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Hutchinson on behalf of its Prosecuting Attorney ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as "Parties." Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA's systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to -Computer System Interface occurs when the Governmental Unit's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Governmental Unit will select a DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223945 M N043031A method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre -employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit's employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https:Hbcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https:Hsps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/coisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223945 M N043031A particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI-CJIS requirements. When Governmental Unit's method of access is a computer -to -computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CAS Security Policy. The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. The bills are sent annually for a total cost of Six Hundred Dollars ($600.00). The Governmental Unit will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue Saint Paul, MN 55106 Telephone: 651.793.1007 DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223945 M N043031A Email Address: Dana.Gotz@state.mn.us The Governmental Unit's Authorized Representative is the person below, or his/her successor: Name: Marc Sebora, Attorney Address: 111 Hassan Street SE Hutchinson, MN 55350-2522 Telephone: 320.587.5151 Email Address: msebora@hutchinsommn.gov Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit's liability. Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit's records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit's records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223945 M N043031A 8 Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, "Individual User" means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Governmental Unit and BCA's determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Governmental Unit's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223945 M N043031A Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK DPS/BCA CJDN JPA_March 2021 SWIFT Contract # 223945 M N043031A The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: (PRINTED) Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 7 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Signed: Title: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: Date: DPS/BCA CJDN JPA_March 2021 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Hutchinson on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 223945, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a parry to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. L "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. Office. g. "Court" shall mean the State of Minnesota, State Court Administrator's h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self -regulatory body. Subscriber's access to the Court Records for personal or non -official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third parry except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self -regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub -section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. L Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat, Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 0 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the parry to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON -WAIVER. The failure by any parry at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 0 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: (PRINTED) Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Signed: Title: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: (PRINTED) Signed: Title: (with authorized authority) Date: 10 - HUTCHINSON CITY COUNCIL H UTC H I N SO N Request for Board Action A CITY ON PURPOSE. Consideration of Resolution No. 15589 Authorizing the City LCCMR Grant Agenda Item: Application for the Restoration and Access Improvement to Otter Lake Department: PW/Eng LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: City staff has identified additional grant funding availability through the LCCMR for improvements to Otter and Campbell Lake. The LCCMR grant application process requires a City Council resolution to submit the application, which has a cycle that is due the end of March 2023. The application is currently under development and will not include any additional cost share commitments from the City at this time. City staff will be available to answer any questions that you may have at the meeting. We recommend that the attached Resolution No. 15589 be approved. BOARD ACTION REQUESTED: Approval of Resolution No. 15589 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 RESOLUTION NO. 15589 RESOLUTION AUTHORIZING THE CITY OF HUTCHINSON TO COMPLETE AN LCCMR GRANT APPLICATION FOR FUNDING OF THE OTTER AND CAMPBELL LAKES RESTORATION PROJECT WHEREAS, the City of Hutchinson seeks $1.4 million to create accessible recreational opportunities on Otter and Campbell Lakes; WHEREAS, the City of Hutchinson has completed previous phases of this project including an Environmental Assessment Worksheet in support of the activities proposed in this LCCMR grant application; WHEREAS, the City of Hutchinson has previously received Funding from the Minnesota Legislature to reduce the sediment load coming into Otter and Campbell Lakes by constructing a sediment forebay and stabilizing the stream banks on the South Fork of the Crow River; NOW, THEREFORE, BE IT RESOLVED, That the City of Hutchinson supports the above referenced project and authorizes the submittal of a proposal for funding of this project on behalf of the City of Hutchinson to the Legislative -Citizen Commission on Minnesota Resources (LCCMR) in response to the 2024 Environmental and Natural Resources Trust Fund (ENRTF) Request for Proposal; and BE IT FURTHER RESOLVED, That, if funding is awarded, the City of Hutchinson agrees to accept the award and may enter into an agreement with the state of Minnesota for the above referenced project. The City of Hutchinson will comply with all applicable laws, environmental requirements, and regulations and any additional conditions stated in the grant agreement and the approved LCCMR work plan; and BE IT FURTHER RESOLVED, That the City of Hutchinson understands that grants from the ENRTF are generally paid out on a reimbursement basis. The City of Hutchinson has the financial capability to pay for project expenses prior to seeking reimbursement; and BE IT FURTHER RESOLVED, That Matt Jaunich, City Administrator, is hereby authorized to execute such agreements and work plans as necessary and John Paulson, City Project / Environmental / Regulatory Manager, is authorized to implement the project on behalf of the City of Hutchinson. BE IT FURTHER RESOLVED, That the City of Hutchinson has the financial capability to meet the match requirements (if any) and ensure adequate construction, operation, and maintenance of the project once completed; Passed and duly adopted by the Council of the City of Hutchinson this day March 281h, 2023. Mayor: Gary Forcier City Administrator: Matthew Jaunich cR HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. A. CONSIDERATION OF A SITE PLAN AND LOT SPLIT LOCATED AT 955 HWY Agenda Item: 7 W. Department: Planning LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The applicant is proposing building a 10,500 square foot Family Dollar retail store at 955 Hwy 7 West. The lot is 3.6 acres and 1.14 acres is proposed to be split off for creation of a lot for Family Dollar. This item was discussed at the March 21, 2023 Planning Commission Meeting. A representative for the design team, Andy Gabbert spoke on behalf of the developer and gave a project overview. He noted they are working with MnDOT on the access and drainage permits. The Planning Commission asked if adding this Dollar Tree store will effect the Dollar Tree on the south side of town and the answer was they don't believe there will be any issues with multiple Dollar type stores. Nobody from the Public spoke regarding this request. The Planning Commission voted unanimously (7-0) to recommend approval of the site plan and lot split. BOARD ACTION REQUESTED: Approval of site plan and lot split applications. 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. 15590 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A SITE PLAN REVIEW AND LOT SPLIT AT 955 HWY 7 W, HUTCHINSON, MN. FACTS T & M Enterprises of MN is the owner of the lot at 955 Hwy 7 W; and, 2. The subject property is legally described as: 4.28 AC of NW 1/4 and of SW 1/4 of Hwy 22. Section 36- 117-30. 3. Andy Gabbert, RIC Consulting, has applied for site plan approval and lot split located at 955 Hwy 7 W, Hutchinson MN. 4. The City of Hutchinson requires site plan approval to preserve and promote attractive, well -planned, stable urban conditions. 5. The Planning Commission met on March 21, 2023 and considered the request and recommended approval of the site plan and lot split with the following considerations: a. The proposed building and site improvements shall comply with the standards of the C-4 zoning district and the Zoning Ordinance. b. The applicant must obtain all appropriate permits for MnDOT regarding access and stormwater. C. The retaining wall will need to be engineered and have a railing or fence on top. d. Final landscape plans shall identify the size and species of the plantings and shall be approved by the City Arborist. e. SAC and WAC fees will be calculated and due at the time of building permits. f. Approval of the storm water plan and erosion control permits are required prior to construction on site. g. Applicable permits are required prior to any construction starting on the site. h. The applicant shall record the lot split with McLeod County pending City approval. 6. The City Council of the City of Hutchinson reviewed the site plan approval at its meeting on March 28, 2023 and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the site plan and lot split with the following conditions. a. The proposed building and site improvements shall comply with the standards of the C-4 zoning district and the Zoning Ordinance. b. The applicant must obtain all appropriate permits for MnDOT regarding access and stormwater. C. The retaining wall will need to be engineered and have a railing or fence on top. d. Final landscape plans shall identify the size and species of the plantings and shall be approved by the City Arborist. e. SAC and WAC fees will be calculated and due at the time of building permits. f. Approval of the storm water plan and erosion control permits are required prior to construction on site. Findings of Fact — Resolution # 15590 955 Hwy 7 W Site Plan and Lot Split Page 2 g. Applicable permits are required prior to any construction starting on the site. h. The applicant shall record the lot split with McLeod County pending City approval. APPLICABLE LAW 7. The site plan review and lot split request meets the following standards as required in Section 154.174 and 153.005 of the City of Hutchinson Municipal Code: CONCLUSIONS OF THE LAW The proposed site plan preserves and promotes attractive, well -planned, stable urban conditions. 9. The requested site plan is consistent with the comprehensive plan. 10. The proposed use is designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a site plan approval and lot split located at 955 Hwy 7 W, Hutchinson, MN is approved. Adopted by the City Council this 28th day of March, 2023. ATTEST: Matthew Jaunich Gary T. Forcier City Administrator Mayor STAFF REPORT — PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP Date: March 16, 2023, for March 21, 2023, Planning Commission Meeting Application: Site Plan and Lot Split for construction of Family Dollar Retail store, 955 Hwy 7 W. Hutchinson Applicant: Andy Gabbert, RIC Consulting SITE PLAN AND LOT SPLIT APPLICATION The applicant is proposing building a 10,500 square foot Family Dollar retail store at 955 Hwy 7 West. The lot is 3.6 acres and 1.14 acres is proposed to be split off for creation of a lot for Family Dollar. — -- -- — - ----- lrq�-- — N * Indicates property described in this notice TEXAS AVE NW r 955 4W to "; \ 4 T. t'►• N�' 221 7� 4vj AVf- Nf- Planning Commission — March 21, 2023 Site Plan Review & LOT Split 955 Highway 7 West Page 2 GENERAL INFORMATION Existing Zoning: C-4 Fringe Commercial District Property Location: 955 Hwy 7 W. Lot Size: 3.6 acres (new lot to be 1.14 acres) Existing Land Use: Retail and open land Adjacent Land Use: Commercial and Residential Adjacent Zoning: C-4 and R-4 Comprehensive Land Use Plan: Commercial Zoning History: Carpet Plus Building built in 199.5/96 Applicable Regulations: Section 154.174 and 153.005 Building: The building is proposed to be a 10,500 square feet steel structure with a combined brick veneer/steel facade (see building elevations attached). The majority of the building is retail area and the other portion is receiving, offices/breakroom and restrooms. Access, Circulation and Parking: Access to the site will be come from Hwy 7. The access proposed is a shared access with Carpet Plus. The applicant will need to work with MnDOT to secure all of the necessary access permits and ensure the access meets all of the appropriate criteria. Site circulation is straightforward. The loading dock/receiving area is on the NW side of the building. Staff would like to get an understanding of the type of trucks that deliver to the building and if they are straight trucks or semi -trucks. If the majority are semi -trucks and back up distance is fairly long. If necessary, the City Engineer can run some turning movement models to ensure there will be no issues. The main customer entrance is on the south side of the building and there are 44 parking stalls located in this area and the west side of the lot. The parking lot will have concrete curb and gutter around the entire lot. Setbacks: The proposed building setbacks and requirements for the C-4 (Fringe Commercial) district are identified below. The plans would meet the building setbacks as follows: Required Structure Setback Structure Setback Street Right of Way 25 feet Meets or exceeds Interior Lot Line 20 feet Meets or exceeds Residential zoning boundary 50 feet Meets or exceeds Planning Commission — March 21, 2023 Site Plan Review & LOT Split 955 Highway 7 West Page 3 Landscaping and Lighting: This project features a fairly significant retaining wall along the north and east sides of the proposed building. The retaining wall is between 6.5' and 10' tall. It should also be noted that the distance between the building and retaining wall is only 8' in some areas and doesn't allow for vehicle access or emergency vehicle access. A retaining wall of this height is required to be engineered and will also require a railing or fence on top. The full landscaping plan will be reviewed with the building permit. Lighting will have to be down cast and not shine on adjacent properties. Stormwater Management/Erosion Control: The applicant will need a permit from MnDOT to discharge water from the site into the storm sewer adjacent to Hwy 7, which is a MnDOT drainage facility. Work to obtain this permit should begin very soon. Additionally, there may be a requirement for a full stormwater analysis on the site to determine impacts to the MnDOT drainage. The City needs to understand stormwater impact to determine if any rate control or stormwater treatment will be required on - site to meet State requirements. A City Excavation/Erosion Control Permit will be required in addition to a State NPDES Construction Stormwater Permit. Lot Split The lot split is relatively straightforward. The minimum lot size is 1-acre. Staff recommends that the developer understand stormwater requirements fully. For instance, if a pond would be required the lot may need to be larger to accommodate the pond. Recommendation: Staff recommends approval of the site plan review with the following findings and conditions: 1. The proposed building and site improvements shall comply with the standards of the C-4 district and the Zoning Ordinance. 2. The applicant must obtain all appropriate permits from MnDOT regarding access and stormwater. 3. The retaining wall will need to be engineered and have a railing or fence on top. 4. Final landscape plans shall identify the size and species of the plantings and shall be approved by the City Arborist. 5. SAC and WAC fees will be calculated and due at the time of building permit. 6. Approval of the storm water plan and erosion control permits are required prior to construction on site. 7. Applicable permits are required prior to any construction starting on the site. 8. The applicant shall record the lot split with McLeod County pending City approval. go G-G /77 nE� i; a= -- ---- - .===«gyp------------_ .s�.um.n Q i3 s Sheet w FED An ---------- ---------- --- ---------- --7 ---------------- lob Sh-t hd ARCHITECTURE A9� �a1ag 1 n 1 s. Ah B $Iu¢¢s I , x•111 x x ? yak ° ta: t = zsal®szs: F PP � � 19 P{ Ptl !Pl � � I° ��� Nll� g� ¢ �11 P HI M t§ BP �alpo i P I t $ i�j ItiC ,;I ilPll PPI I�Jg �P �� FIP P ji B `q1 0 �3tl1 1 i ie y� tIt ¢'�9P �¢ I� SIBp�e ;eaA$>�i� I I P ! ' ij; IP, xPlxe F IP I :11I P;°P II 1 P P g IP ]P sl1j!•I¢x P! PP141, x,,IP, I `` P i � 9� it I; ae3]��➢.I F' �i�,19 �!1°I�`�� iyS ❑ t ixPg i � P it �1 i� I 1^t 1 t I� I gP°' •I t♦°IPt xl 11xP�i, P ;! i;; 1� ¢w i,j8j Pi or 3PI�s �!IP I 11 If rjg e i s P— 4 i l i P3 P i i IJgI`��P P Renaissance �® ALTAINSPS LAND TITLE SURVEY o x Pntrastructure TF-TOFLANDINTNE-4, SExIC, ANDTNATPARTOF y Consutting neswuGse va Ag�ry secnoN sx xownsNvmxDNxN, vssn,NcLeoocounrr, MINN- � e LOT SPLIT PART NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 117 NORTH, RANGE 30 WEST OF THE 5TH P.M., MCLEOD COUNTY, MINNESOTA - HUTCHINSON CITY COUNCIL H UTC H I N SO N Request for Board Action A CITY ON PURPOSE. Approval of Project Change/Work Orders and Supplemental Agreements Agenda Item: Department: PW/Eng LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Mike Stifter Agenda Item Type: Presenter: Mike Stifter Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As construction has proceeded on the below listed projects there has been additional work, project scope revisions, and/or construction completion date changes. The items specified below have been identified and deemed necessary to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders, Supplemental Agreements and/or Work Orders are proposed as noted- - Change Order No. 3 — Letting No. 6Project No. 21-06 — Water & Wastewater SCADA System Improvements Project. This Change Order addresses the various modifications resulting in a $3,330.49 increase and a change to the Contract completion dates. This action will change the Substantial Completion Date to August, 2, 2023 and Final Completion Date to September 20, 2023. - Change Order No. 4 — Letting No. 6Project No. 21-06 — Water & Wastewater SCADA System Improvements Project. This Change Order addresses the removal of construction notes 7 & 9 from the scope of work resulting in a $2,662.91 decrease. Net Change $667.58 BOARD ACTION REQUESTED: Approval of Change Orders Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON, MN OF M-1 CHANGE ORDER HUTCH INSON Engineering Dept, 111, Hassan St SE, Hutchinson MN 55350 A CITY ON PURPOSE. 320-234-4209 03/28/2023 SP/SAP(s) NA MN Project No.: NA Change Order No. 3 Project Description: Water & Wastewater SCADA Systems CityrPrroject L6P21-06 Water & Wastewater SCADA System Improvements Project: In general, work consists of the removal of existing programmable logic controllers Location (PLCs), operator interface terminals (OITs), radios, and the supply and installation of new PLCs, OITs, radios, and other appurtenances for improvements to existing control panels within the Water and Wastewater systems. This also includes providing new supervisory control and dal acquisition (SCADA) servers and software and implementing system monitoring redundancies. Agency (City of Hutchinson (Local Project No. IL6P21-06 Primex (Contract No. IL6P21-06 1 ,ddress/City/State/Zip I13005 16th Ave N Ste 100, Plymouth, MN 55441 otal Change Order Amount $ $3,330.49 Issue: Various modifications/additions at the Water Treatment Plant (WTP) Resolution: Add floor sensor in the meter room. Add 24-volt power for the seven new bio-filter mag meters. Add reservoir hatch monitoring. Also extend project substantial completion date to August 2, 2023 and final completion date to September 20, 2023. Estimate Of Cost: (Include ""Group/fundi Item No. ng Category any increases or decreases in contract items, any negotiated Description or force Unit account items.) Unit Price +or — Quantity +or— Amount $ Change Order 3 Project modifications Lump Sum $3,330.49 1 $3,330.49 Net Change this Change Order $3,330.49 ;Group/funding category is required for federal aid projects Approved by Public Works Director: Mike Stifter Approved by Contractor: Primex Signed: Signed: Date: 03/28/2023 Phone: 320-234-4212 Printed Name: City Council Approval: 03/28/2023 Date: Phone: 763-559-0568 WORK CHANGE DIRECTIVE NO.: 5 Owner: City of Hutchinson Owner's Project No.: L6P21-06 Engineer: AE2S Engineer's Project No.: 02008-2020-003 Contractor: PRIMEX Contractor's Project No.: 3007522 Project: Water & Wastewater SCADA System Improvements Contract Name: Letting No. 6/Project No. 21-06 Date Issued: 1/26/2023 1 Effective Date of Work Change Directive: 1 03/21/2023 Contractor is directed to proceed promptly with the following change(s): Description: Make the following modifications/additions at the Water Treatment Plant (WTP): - Add flood sensor in the meter room — use existing wiring, provide GEMS float sensor (24VDC) - Add 24-volt power for the seven (7) new bio-filter mag meters o Provide fusing and wiring to supply 24VDC to four (4) flow meter "pucks" o Reuse existing analog feedback wiring and inputs on PLC - Add reservoir hatch monitoring - install magnetic switch, pull 2-pair wire back to control panel Attachments: Change Order 3 Estimate of Costs from Primex Purpose for the Work Change Directive: Provide the above project modifications, and update substantial completion to Aug. 2, 2023, and final completion to Sept. 20, 2023 due to estimated spare parts delivery. Directive to proceed promptly with the Work described herein, prior to agreeing to change in Contract Price and Contract Time, is issued due to: ❑ Non -agreement on pricing of proposed change. ® Necessity to proceed for schedule or other reasons. Estimated Change in Contract Price and Contract Times (non -binding, preliminary): Contract Price: $ 3,330.49 Contract Time: 243 days Basis of estimated change in Contract Price: ® Lump Sum ❑ Unit Price ❑ Cost of the Work ❑ Other Recommended by Engineer By: Anthony Pittman Title: Project Manager Date: 3/20/23 [increase] rdeGF - el [R9t Yet tiff..,+ ,�, [increase] rd,,,..-,,. Sel [R9t Yet tiff..,+ ,�, Authorized by Owner Eric Levine Water Manager 03/21/2023 EJCDC® C-940, Work Change Directive. Copyright' 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 III PRIMEE>C PROPOSAL TEL: (844) 477-4639 www.primexcontrols.com Referenc Hutchinson, MN Water & Wastewater SCADA System Change Order 03 08/19/22 IS Improvements Dear Customer: Thank you for your continued interest in SJE products, services and solutions. We are pleased to quote the following scope of we the materials/services listed in the scope below. City of Hutchinson has asked PRIMEX to quote items discussed during 08/19/22 visit. This change order includes new work to be performed at WTP and extends contract dates. Due to long lead time on Allen-Bradley components, we must extend contract dates to substantial completion August 2, 2023 and final completion September 20, 2023. Scope of work WTP #1: Procure and install new Magnetic Switch for Reservoir Hatch Monitoring • Install magnetic switch, pull 2-pair wire back to control panel SJE Confidential Information. Valid for 30 days. Generated on Wed February 8, 2023 - 07:24 PM UTC Proposal Page: 2 of 5 rMG-297tjN WTP #2: Procure and install Flood Switch in the Meter Room • Use existing wiring, provide GEMS float sensor (24VDC) SJE Confidential Information. Valid I�IGenerated on Wed February 8, for 30 days. II PRIIVIE=-><, 2023 - 07:24 PM UTC Proposal Page: 3 of 5 IMG_2983.jPg IMG_2979.jpg WTP #3: Procure and install 24V power supply for QTY 7 Bio-Filter Mag Meters • Provide fusing and wiring to provide 24VDC to 4 flow meter "pucks" • Reuse existing analog feedback wiring and inputs on PLC SJE Confidential Information. Valid Generated on Wed February 8, for 30 days. 111111, ., PRIME=->< 2023 - 07:24 PM UTC Proposal Page: 4 of 5 a. flow Palo — Mob -- Lead time is 4 to 6 weeks after receipt of approval Change Order 03 Total for WTP: $3,330.49 Clarifications / Exclusions Items specifically not included in this proposal 1. Sales or use tax. 2. Installation of equipment and job site labor other than as specified. 3. Receiving and storage of equipment on the job site. 4. Installation materials, brackets, wire, clamps, piping, junction boxes, etc., not specifically described in our material list. 5. Performance, payment or equipment bond of any kind. 6. Installation of any instruments. 7. Field Terminations. 8. Mounting of any control panels or hardware. 9. Mounting stands, brackets, channel strut or field assemblies of any kind. 10. Permits. 11. Fiber optic cable, connectors, patch panels, termination and/or testing. 12. Electrical testing services. SJE Confidential Information. Valid Generated on Wed February 8, for 30 days. 111111PRI lVIE=-><. 2023 - 07:24 PM UTC Proposal Page: 5 of 5 Respectfully submitted by, 0�vS01-- Anya Point Project Manager anya.point@sjeinc.com (763) 559-3926 Proposal Amount Includes freight and taxes $ 3,330.49 SJE Confidential Information. Valid Generated on Wed February 8, for 30 days. 111111PRIlVIE=-><. 2023 - 07:24 PM UTC CITY OF HUTCHINSON, MN OF M-1 CHANGE ORDER Engineering Dept, 111, Hassan St SE, Hutchinson MN 55350 A CITY ON PURPOSE. 320-234-4209 03/28/2023 SP/SAP(s) NA MN Project No.: NA Change Order No. 4 Project Description: Water & Wastewater SCADA Systems City rPr ject L6P21-06 Water & Wastewater SCADA System Improvements Project: In general, work consists of the removal of existing programmable logic controllers Location (PLCs), operator interface terminals (OITs), radios, and the supply and installation of new PLCs, OITs, radios, and other appurtenances for improvements to existing control panels within the Water and Wastewater systems. This also includes providing new supervisory control and dal acquisition (SCADA) servers and software and implementing system monitoring redundancies. Agency (City of Hutchinson (Local Project No. IL6P21-06 (Contractor IPrimex (Contract No. IL6P21-06 13005 16th Ave N Ste 100, Plymouth, MN 55441 Change Order Amount $ Issue: Modifications needed on Building 80 deemed unnecessary. ($2,662.91) Resolution: Remove Construction Note 7 from scope of work. Remove Construction Note 9 from scope of work Estimate Of Cost: (Include ""Group/fundi Item No. ng Category any increases or decreases in contract items, any negotiated Description or force Unit account items.) Unit Price +or — Quantity +or— Amount $ Change Order 4 Removal of Construction Notes 7 & 9 Lump Sum $2,662.91 -1 ($2,662.91) Net Change this Change Order ($2,662.91) " `Group/funding category is required for federal aid projects Approved by Public Works Director: Mike Stifter Approved by Contractor: Primex Signed: Signed: Date: 03/28/2023 Phone: 320-234-4212 Printed Name: City Council Approval: 03/28/2023 Date: Phone: 763-559-0568 WORK CHANGE DIRECTIVE NO.: 3 Owner: City of Hutchinson Owner's Project No.: L6P21-06 Engineer: AE2S Engineer's Project No.: 02008-2020-003 Contractor: PRIMEX Contractor's Project No.: 3007522 Project: Water & Wastewater SCADA System Improvements Contract Name: Letting No. 6/Project No. 21-06 Date Issued: 12/8/2022 1 Effective Date of Work Change Directive: 1 03/21/2023 Contractor is directed to proceed promptly with the following change(s): Description: Make the following modifications to the original contract as it relates to BLDG 80 (Disinfection): Remove Construction Note 7 on sheet E053 from the scope of work. o Removing this note entails leaving the existing RS485 network as is, such that replacement with CAT 6 is no longer needed. Remove Construction Note 9 on sheet E053 from the scope of work. o Removing this note entails leaving the existing PLC as is and not replacing it. Attachments: Sheet E053 from the project bidding set; Change Order 4 Estimate of Costs from Primex Purpose for the Work Change Directive: Remove labor and equipment associated with above project modifications. Directive to proceed promptly with the Work described herein, prior to agreeing to change in Contract Price and Contract Time, is issued due to: ❑ Non -agreement on pricing of proposed change. © Necessity to proceed for schedule or other reasons. Estimated Change in Contract Price and Contract Times (non -binding, preliminary): Contract Price: $ 2,662.91 Contract Time: 0 days Basis of estimated change in Contract Price: © Lump Sum ❑ Unit Price ❑ Cost of the Work ❑ Other Recommended by Engineer By: Anthony Pittman Title: Project Manager Date: 3/20/23 [iAGFease} [decrease] [net yet +imam dl Authorized by Owner Tim Gratke Wastewater Manager 03/21/2023 EJCDC® C-940, Work Change Directive. Copyright' 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 BLDG BO DISINFECTION %t1 MAIN CO TROL PANEL 80-PLC-1) EXTERIOR I BLDG BO DISINFECTION %z1 MAIN CO TROL PANEL 80-PLC-1) INTERIOR BLDG BO DISINFECTION TROJAN V MAIN CONT 40L PANEL EXTERIOR gg CONSTRU-N NOTES Qi rsimxc EXLL65xxETOxEN.�H. O � � Owa N x F W _ r.wacx�na P.xa � Exx�.sM."x. w K xE Nw PowEx PPL. a 8 o x arc PxocEssox. x�mx. isEmox Q z .a Utz Oas NHz OpaxEssox ox rwcx Exo srawss uvsx QU Remove per x.. WCD No. 3 $E BLDG BO DISINFECTION BLDG BO (DISINFECTION BLDG BO `rDISINFECTION ® TROJAN �V MAIN CONT4OL PANEL INTERIOR TROJAN POWER DISTRIBUTION PANEL EXTERIOR �TROJAN POWER DISTRIBUTION PANEL INTERIORFE06;5 Advanced Engineering and Environmerdsl Services, LLC • Water Tower PI Business Ch 6901 E Fish Lek, Rd St, 184 Maple Gmv,, MN 55W9 • (t) 763A6 5036 • w a,2s c III PRIMEE>< PROPOSAL TEL: (844) 477-4639 www.primexcontrols.com Change Order Name Reference/ II[r# Hutchinson, MN Water & Wastewater vVGU 03: 6LUG UU kUiair11iet;Elu11) 12/08 Email 7522-CO05 SCADA System Improvements Dear Customer: Thank you for your continued interest in SJE products, services and solutions. We are pleased to quote the following scope of work pertaining to the above -referenced project. Only the materials/services listed in the scope below. Reason for changeIIINE IF - Per December 8th email, Trojan will be providing a new controller for the Power Distribution Panel (3007522P1). PRIMEX will provide a deduction for the following hardware components and unused startup time. • (QTY 2) Allen-Bradley L16 CompactLogix PLCs (QTY 1 ordered as spare) • (QTY 2) Allen-Bradley Input Module (QTY 1 ordered as spare) • (QTY 1) Allen-Bradley PLC base • (QTY 1) Redlion Surge protection device • Miscellaneous terminal blocks, fuses, and CAT6 Scope of work Make the following modifications to the original contract as it relates to BLDG 80 (Disinfection): Remove Construction Note 7 on sheet E053 from the scope of work. • Removing this note entails leaving the existing RS485 network as is, such that replacement with CAT 6 is no longer needed. Remove Construction Note 9 on sheet E053 from the scope of work. • Removing this note entails leaving the existing PLC as is and not replacing it. Clarifications / Exclusions NOTE: Customer Supplied Parts — Our scheduling team will issue a zero -cost PO for the parts approximately 14 days prior to the beginning of panel manufacturing. This change will not affect ship date and will help the factory maintain the inventory with customer -supplied parts. Please do not ship customer -supplied parts to the factory until you have received the zero -cost PO from us with shipment instructions. Items specifically not included in this proposal 1. Sales or use tax. 2. Installation of equipment and job site labor other than as specified. SJE Confidential Information. Valid for 30 days. Generated on Tue March 7, 2023 - 05:08 PM UTC Proposal Page: 2 of 2 3. Receiving and storage of equipment on the job site. 4. Installation materials, brackets, wire, clamps, piping, junction boxes, etc., not specifically described in our material list. 5. Performance, payment or equipment bond of any kind. 6. Installation of any instruments. 7. Field Terminations. Respectfully submitted by, 0.�v5��- Anya Point Project Manager anya.point@sjeinc.com (763) 559-3926 Proposal Amount $ - 2,662.91 SJE Confidential Information. Valid IIIGenerated on Tue March 7, 2023 - for 30 days. II PRIlVIE=-><. 05:08 PM UTC 0�1 RRIMEX, Packing List - Detail Listing Part Number Description 3007522PI Part MFG Part Line Component Descri to ion Number l Manufacturer Number 1 PLC,DIST 1/0,8 DIGI IN, POINTBLOCK 1037648 1 ALLEN BRADLEY 1734-1138 2 PLC,BASE,POINT 1049907 3 PLC, PROCESSOR,COMPACTLOGIXAB 1055108 4 FUSE,4 AMP,250VAC,GLASS,SLOW BLOW 1049546 5 CBL,CAT6,UTP,PATCH,W/MLD 1048680 BOOT,500MHZ,BLK,3FT,24 AWG 6 TERM, FUSED,LED,1P,UK6,3 1049087 HESILED,CARTRIDGE 7 SURGE,DATA,RJ45,10/100 BASE TX 1073079 1 ALLEN BRADLEY 1734-TB 1 ALLEN BRADLEY 1769-L16ER-BB1B 3 EATON BUSSMANN MDL-4-R 1 CABLE WHOLESAL 10X8-02203 3 PHOENIX CONTAC- 3004265 1 RED LION SP-ETH-2 Plymouth Location 13005 16th Ave North Plymouth, MN 55441 Main: 763-559-0568 QTY shims Box/ Pallet Filled By: ® QTY 2 - 1 SPARE QTY 1 IT] 11-1 QTY 2-1SPARE 51 1-11 �. QTY 1 Total: * I Box/Pallet Printed 6/17/2022 3:44:42 pm Page 1 of 1 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 3/15/23 - 3/28/23 Check Date 0--3-/-1-0--/-2-0--2-3-- -- Check ---- EFT Vendor Name ------ EFTPS Desco p------ ---------- Payroll Report 2/19/23 3/4/23 Amount ------------ 70,863.94 03/10/2023 EFT Child Support Payroll Report 2/19/23 - 3/4/23 659.43 03/10/2023 EFT MN Dept of Revenue Payroll Report 2/19/23 - 3/4/23 13,834.25 03/10/2023 EFT Provident Life -Vol Ins Payroll Report 2/19/23 - 3/4/23 399.94 03/10/2023 EFT PERA Payroll Report 2/19/23 - 3/4/23 59,617.48 03/10/2023 EFT Further HSA Payroll Report 2/19/23 - 3/4/23 16,825.75 03/10/2023 EFT Mission Square Payroll Report 2/19/23 - 3/4/23 3,013.84 03/10/2023 EFT VOYA Payroll Report 2/19/23 - 3/4/23 460.00 03/10/2023 EFT MNDCP Payroll Report 2/19/23 - 3/4/23 350.00 03/10/2023 110873 NCPERS Payroll Report 2/19/23 - 3/4/23 224.00 03/10/2023 110874 HART Payroll Report 2/19/23 - 3/4/23 443.75 03/10/2023 110875 FUZE LOGISTICS SERVICES USA INC CREEKSIDE FREIGHTTO MULTIPLE LOCATIONS 8,700.00 03/28/2023 110876 ACE HARDWARE - 1315 REPAIR & MAINT SUPPLIES- MULTIPLE DEPTS 97.85 03/28/2023 110877 ACE HARDWARE - 1825 QUICK CLEAN - POLICE 5.99 03/28/2023 110878 ADVANCED ENGINEERING & ENVIRONMENTA FEB SCADA SERVICES- WWTP & WATER 53,002.96 03/28/2023 110879 ADVANCED POWER SERVICES INC COOLANT SYSTEM MAINT- POLICE 2,315.00 03/28/2023 110880 AMERESCO INC ANNUAL OPERATIONS & MAINT REPORT- WWTP 8,827.00 03/28/2023 110881 AMERICAN BOTTLING CO COST OF GOODS SOLD - LIQUOR HUTCH 301.68 03/28/2023 110882 ARTISAN BEER COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 670.75 03/28/2023 110883 ASIJET AG LLC CHAINSAW FUEL -STREETS 55.60 03/28/2023 110884 AUTO VALUE -GLENCOE JIC, PIPE, WASHER FLUID- HATS 175.88 03/28/2023 110885 BAERTSCHI, PAUL MN POLICE BRIEFS RENEWAL 170.00 03/28/2023 110886 BELLBOY CORP COST OF GOODS SOLD - LIQUOR HUTCH 4,438.43 03/28/2023 110887 BENEFIT EXTRAS INC FEB COBRA/RETIREE BILLING 218.00 03/28/2023 110888 BENNY'S MEAT MARKET ANNUAL BUDGET MTG - FIRE 181.21 03/28/2023 110889 BENTZ, DAVID TREE REIMB,TEMP CONST EASEMENT 4,601.05 03/28/2023 110890 BENTZ, KENNETH TREE REIMB,TEMP CONST EASEMENT 4,601.05 03/28/2023 110891 BERNICK'S COST OF GOODS SOLD - LIQUOR HUTCH 307.44 03/28/2023 110892 BERWALD ROOFING COMPANY INC NEW POLICE FACILITYTHRU 3/1/23 PAY#3 5,557.50 03/28/2023 110893 BLADES GROUP LLC ROCKASPHALTPATCHINGMATERIAL- STREETS 7,068.00 03/28/2023 110894 BOLTON & MEN INC MULTI -BAY HANGAR & RUNWAY - AIRPORT 22,500.00 03/28/2023 110895 BOLTON & MEN INC. OTTER & CAMPBELL LAKES SERVICE - STREETS 25,239.50 03/28/2023 110896 BRASS FOUNDRY BREWING CO COST OF GOODS SOLD - LIQUOR HUTCH 148.38 03/28/2023 110897 BRAUN INTERTEC CORP BURICH ARENA REROOF & FACADE IMPV 761.00 03/28/2023 110898 BRAUN INTERTEC CORP NEW POLICE FACILITYTHRU 3/1/23 4,339.00 03/28/2023 110899 BREAKTHRU BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 18,869.16 03/28/2023 110900 BUREAU OF CRIMINAL APPREHENSION MAR -JUN2023CJDNACCESS FEE -LEGAL 200.00 03/28/2023 110901 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 46,896.71 03/28/2023 110902 CARD SERVICES SUPPLIES - MULTIPLEDEPTS 88.27 03/28/2023 110903 CARLOS CREEK WINERY COST OF GOODS SOLD - LIQUOR HUTCH 1,320.00 03/28/2023 110904 CENTRAL HYDRAULICS PRESSURE WASHER HOSE, FITTINGS- PARKS 146.23 03/28/2023 110905 CINTAS CORPORATION SUPPLIES&SERVICE - MULTIPLEDEPTS 83.51 03/28/2023 110906 CLAYTON HOLDINGS LLC 2023 PYMT: KOMPTECHTURNER- COMPOST 73,808.37 03/28/2023 110907 COLDSPRING NICHE FRONT: M EGGERT- CEMETERY 335.00 03/28/2023 110908 CONTEGRITYGROUP NEW POLICE FACILITYTHRU 3/1/23 20,601.75 03/28/2023 110910 CROW RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 1,234.80 03/28/2023 110911 CULLIGAN WATER NEW POLICE FACILITYTHRU 3/1/23 46.75 03/28/2023 110912 DAHLHEIMER BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 39,206.23 03/28/2023 110913 DELEGARD TOOL CO ALUM SERVICE JACK, PORTA POWER - HATS 768.78 03/28/2023 110914 DIMLER, KYLE REIMB: CONT ED SEMINAR - BLDG INSP 162.44 03/28/2023 110915 DOG -ON -IT -PARKS BAGS, LINERS - PARKS 656.00 03/28/2023 110916 E2 ELECTRICAL SERVICES INC ELEC, RETRO FIT LIGHTS, ADD WAFFERS - REC BLDG 2,972.71 03/28/2023 110917 EBERT CONSTRUCTION NEW POLICE FACILITYTHRU 3/1/23 1,171.50 03/28/2023 110918 EBERT CONSTRUCTION NEW POLICE FACILITYTHRU 3/1/23 PAY#5 16,811.90 03/28/2023 110919 ECOLAB PEST ELIMINATION 3/20PEST CONTROL -CREEKSIDE 206.50 03/28/2023 110920 ENVIRONMENTAL RESOURCE ASSOC COLIFORMMICROBE -WWTP 190.75 03/28/2023 110921 ERICKSON ENGINEERING CO LLC FEB BRIDGE REPAIRS- ENG 923.00 03/28/2023 110922 EVANS, MICHAEL UB refund for account: 2-070-7460-0-00 120.00 03/28/2023 110923 FAIR MANUFACTURING INC CLUTCH, GEARBOX, PUMP, CHAIN -STREETS 3,556.94 03/28/2023 110924 FALCON MECHANICAL NEW POLICE FACILITYTHRU 3/1/23 PAY#16 14,655.43 03/28/2023 110925 FARM -RITE EQUIPMENT FILTERS -STREETS 243.08 03/28/2023 110926 FASTENAL COMPANY WASHERS - PARKS 9.00 03/28/2023 110927 FINANCE & COMMERCE SUBSC SERVICES 1 YEAR SUBS RENEWAL- ENG 349.00 03/28/2023 110928 FIRSTADVANTAGE LNS OCC HEALTH SOLU DRUG TESTING 90.82 03/28/2023 110929 FOBBE ELECTRIC NEW POLICE FACILITYTHRU 3/1/23 PAY#17 71,345.00 03/28/2023 1110930 IFORESTEDGE WINERY ICOSTOF GOODS SOLD - LIQUOR HUTCH 660.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 3/15/23 - 3/28/23 Check Date ---------------- 03/28/2023 Check ------------------------- 110931 Vendor Name -------- ---- ------------ ------------------------------ FOSTER MECHANICAL Description ------------------------------------------------------------------------------ HVAC REPAIR - ENTERPRISE CENTER Amount ----------------- 1,152.00 03/28/2023 110932 FOUNTAIN HILL WINERY & VINEYARD LLC COST OF GOODS SOLD - LIQUOR HUTCH 504.00 03/28/2023 110933 FURTHER March 2023 HSA/FSAAdm. Fees 337.40 03/28/2023 110934 GALLS LLC TROUSER STRIPING, VELCRO - POLICE 15.44 03/28/2023 110935 GAVIN, JANSSEN & STABENOW LTD FEB PROSECUTIONS 3,900.00 03/28/2023 110936 GRAINGER AIR FILTERS- WWTP 481.92 03/28/2023 110937 HACH COMPANY STIR BARS -WATER 136.94 03/28/2023 110938 HANSEN GRAVEL INC. SNOW PUSHER - PARKS 507.00 03/28/2023 110939 HEALTHPARTNERS INC APRIL MEDICAL INSURANCE 117,917.37 03/28/2023 110940 HILDI INC ACTUARIAL VALUATION - FINANCE 2,900.00 03/28/2023 110941 HILLYARD/HUTCHINSON MISCSUPPLIES- MULTIPLEDEPTS 535.40 03/28/2023 110942 HJERPE CONTRACTING WATER LEAK REPAIR - WATER 3,850.50 03/28/2023 110943 HOME CITY ICE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 217.95 03/28/2023 110944 HOMETOWN SPORTS & APPAREL T-SHIRTS - REC 1,972.00 03/28/2023 110945 HUTCHINSON UTILITIES UTI LITI ES 2/1 - 3/1'23 100,657.89 03/28/2023 110946 HUTCHINSON UTILITIES 1ST QTR BILLING FITZPATRICK & LIGHTS REPAIR 18,934.49 03/28/2023 110947 HUTCHINSON WHOLESALE #1550 REPAIR&MAINTSUPPLIES- MULTIPLEDEPTS 158.42 03/28/2023 110948 HUTCHINSON, CITY OF FEB 2023 STORM DRAINAGE 7,617.04 03/28/2023 110949 IXOM WATERCARE INC AIRPOWERED MIXER - WWTP 2,500.00 03/28/2023 110950 JACOBS, JOHN & TANYA UB refund for account: 3-288-9530-4-01 47.52 03/28/2023 110951 JOHNSON BROTHERS LIQUOR CO COST OF GOODS SOLD - LIQUOR HUTCH 23,022.20 03/28/2023 110952 JOHNSON CONTROLS FIRE PROTECTION LP CONTRACT PAYMENT- EV CTR 1,550.25 03/28/2023 110953 JRK STEEL NEW POLICE FACILITY THRU 3/1/23 PAY #10 1,738.59 03/28/2023 110954 KEVITT EXCAVATING LLC NEW POLICE FACILITY THRU 3/1/23 PAY#13 16,158.31 03/28/2023 110955 KONRAD MATERIAL SALES LLC UPMSPRING/FALLASPHALT- STREETS 2,847.60 03/28/2023 110956 KRANZ LAWN & POWER 2023TORO SLIDER & HYDRO KIT- PARKS 15,080.97 03/28/2023 110957 L & P SUPPLY CO REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 832.37 03/28/2023 110958 LEAGUE OF MN CITIES CONFERENCE, WORKSHOP, DUES - MULTIPLE DEPTS 1,265.00 03/28/2023 110959 LITCHFIELD BUILDING CENTER 4 X 8'S, CAPS, SCREWS - FIRE TRAINING SITE 245.63 03/28/2023 110960 LOCATORS & SUPPLIES MARKING PAINT- WATER 564.34 03/28/2023 110961 LOGIS CDW - NEW POLICE FACILITY 12,532.80 03/28/2023 110962 M-R SIGN SIGNS&MATERIALS -STREETS 4,915.19 03/28/2023 110963 MADDEN GALANTER HANSEN LLP FEB LABOR RELATIONS SERVICES 440.00 03/28/2023 110964 MARCO TECHNOLOGIES LLC FEB COST PER PRINT- VARIOUS DEPTS 496.62 03/28/2023 110965 MCLEOD COUNTY HHW BATTERIES REFUSE - POLICE 336.00 03/28/2023 110966 MENARDS HUTCHINSON REPAIR & MAINTSUPPLIES- MULTIPLE DEPTS 541.32 03/28/2023 110967 MINI BIFF RENTALS- MULTIPLE DEPTS 452.37 03/28/2023 110968 MINNESOTA VALLEY TESTING LAB LAB SAMPLE TESTING -WWTP 608.00 03/28/2023 110969 MIRAN CREEK FURNITURE INC NEW POLICE FACILITY THRU 3/1/23 PAY#4 45,620.04 03/28/2023 110970 MORGAN CREEK VINEYARDS COST OF GOODS SOLD - LIQUOR HUTCH 2O1.60 03/28/2023 110971 MPCA WATER PERMIT ANNUAL FEES- MULTIPLE DEPTS 14,750.00 03/28/2023 110972 MUETZEL, BRUCE REIMB: MMBATOUR OF STORES- LH 114.62 03/28/2023 110973 NELSON, STEPHANIE REIMB:LABELS -ADMIN 22.32 03/28/2023 110974 NICE HEALTHCARE PLLC FEB EMPLOYER FEE 3,017.52 03/28/2023 110975 NORTH CENTRAL LABORATORIES ACID, HYDROXIDE, BROTH, CUPS- WWTP 216.06 03/28/2023 110976 NORTHERN STATES SUPPLY INC BOLTS, CABLE TIES, WASHERS, SCREWS - HATS 408.44 03/28/2023 110977 O'REILLYAUTO PARTS PLUGS, COP COIL, SPRAYPAINT- PARKS 242.13 03/28/2023 110978 O-SUN COMPANY SHOE POLISHER - POLICE 1,291.32 03/28/2023 110979 ODP BUSINESS SOLUTIONS LLC PENS - WWTP 15.51 03/28/2023 110980 PAAPE DISTRIBUTING COMPANY NEW POLICE FACILITY THRU 3/1/23 PAY#8 7,771.00 03/28/2023 110981 PACE ANALYTICAL SERVICES LLC SAMPLING FROM STORMWATER POND 778.66 03/28/2023 110982 PAUSTIS WINE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 1,500.00 03/28/2023 110983 PEOPLEREADY INC CREEKSIDE TEMP STAFFING 7,277.10 03/28/2023 110984 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 36,477.87 03/28/2023 110985 PIONEERLAND LIBRARY SYSTEM 1ST QTR 2023 FUNDING REQUEST 47,804.00 03/28/2023 110986 POSTMASTER POSTAGE - UB BILLING 1,690.00 03/28/2023 110987 PREMIUM WATERS 5GALLONS -PARKS 30.74 03/28/2023 110988 PRIMEX L6P21-06: W & WW SCADA SYSTEM IMPRVS PAY 3 271,303.69 03/28/2023 110989 PRO AUTO MN INC 2017 FORD INTERCEPTOR OIL CHANGE - FIRE 40.70 03/28/2023 110990 PRO-TEC DESIGN INC SOFTWARE SUPPORT- LIQUOR HUTCH 413.66 03/28/2023 110991 RAHN PAINTING & CONTRACTING LLC MAR SNOW REMOVAL - MULTIPLE DEPTS 3,512.50 03/28/2023 110992 READ,TIM REIMB: WINTER BOOTS - STREETS 116.00 03/28/2023 110993 ROYAL WASH HOUSE 12/2 - 2/20 LAUNDRY SERVICES - EV CTR 373.53 03/28/2023 110994 RUNNING'S SUPPLY REPAIR & MAINTSUPPLIES- MULTIPLE DEPTS 58.62 03/28/2023 110995 SAM'STIRE SERVICE TIRES & REPAIRS- MULTIPLE DEPTS 972.34 03/28/2023 1110996 ISEPPELT, MILES REIMB: EHLERSCONF, RIDGEWATER FORUM - EDA 385.40 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 3/15/23 - 3/28/23 Check Date ---------------- 0 Check ------------------------- 110997 Vendor Name ------------------------------------------------------ SHAW, KAREN Description ------------------------------------------------------------------------------ FEB CLASSES - SR CENTER Amount ----------- ------- 150.00 03/28/2023 110998 SICKMANN, STEVEN REIMB: SAFETY FOOTWEAR - POLICE 101.99 03/28/2023 110999 SMSC ENTERPRISES FEB ORGANICS RECYCLING - COMPOST 8,325.00 03/28/2023 111000 SOLUS LED REPLACE 2ND HALF OF WESTS RINK LIGHTS 5,985.00 03/28/2023 111001 SONUS INTERIORS INC NEW POLICE FACILITY THRU 3/1/23 PAY#4 14,509.35 03/28/2023 111002 SOUTHERN WINE & SPIRITS OF MN COST OF GOODS SOLD - LIQUOR HUTCH 25,337.95 03/28/2023 111003 SOUTHWEST MN CHAPTER OF ICC KYLE DIMLER MEMBERSHIP - BLDG INSP 75.00 03/28/2023 111004 SPARTAN STEEL ERECTORS INC NEW POLICE FACILITY THRU 3/1/23 PAY #8 2,318.52 03/28/2023 111005 STANDARD PRINTING-N-MAILING BUSINESS CARDS & POSTAGE - MULTIPLE DEPTS 1,202.39 03/28/2023 111006 STAPLES ADVANTAGE OFFICE SUPPLIES- MULTIPLE DEPTS 162.83 03/28/2023 111007 SUMMER LAKES BEVERAGE LLC COST OF GOODS SOLD - LIQUOR HUTCH 567.00 03/28/2023 111008 SYLVESTER CUSTOM GRINDING INC MULCH GRINDING -COMPOST 12,421.20 03/28/2023 111009 TALL SALES COMPANY FEB CREEKSIDE COMMISSIONS 14,963.98 03/28/2023 111010 THOMSON REUTERS-WEST FEB SUBSCRIPTION - LEGAL 1,266.72 03/28/2023 111011 TOWMASTER INC LED PLOWLAMP- STREETS 623.13 03/28/2023 111012 ULTIMATE PLAYGROUNDS INC PLAYGROUND EQUIPMENT- PARKS 1,511.79 03/28/2023 111013 UNIQUE PAVING MATERIALS UPM COLD MIX -STREETS 2,255.90 03/28/2023 111014 UNITED FARMERS COOP DYED FUEL- HATS 24,923.14 03/28/2023 111015 USA BLUE BOOK POTASSIUM PERSULFATE - WWTP 203.80 03/28/2023 111016 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 9,391.75 03/28/2023 111017 VIKING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 376.25 03/28/2023 111018 VIKING SIGNS & GRAPHICS INC SIGN - REC CTR 430.00 03/28/2023 111019 VINOCOPIA INC COST OF GOODS SOLD - LIQUOR HUTCH 4,118.17 03/28/2023 111020 VOS CONSTRUCTION INC NEW POLICE FACILITY THRU 3/1/23 3,560.00 03/28/2023 111021 WASTE MANAGEMENTOF WI -MN REFUSE TAKEN TO LANDFILL 7,200.65 03/28/2023 111022 WEST CENTRAL SANITATION INC FEB RESIDENTIAL REFUSE - MULTIPLEDEPTS 53,080.90 03/28/2023 111023 WINE COMPANY, THE COST OF GOODS SOLD - LIQUOR HUTCH 3,870.75 03/28/2023 111024 YAM RY CONSTRUCTION NEW POLICE FACILITY THRU 3/1/23 PAY#9 16,150.00 03/28/2023 111025 ZENON ENVIRONMENTAL CORPORATION CHECK VALVES- WWTP 603.08 Total - Check Register A: 1,648,767.73 Department Purchasing Card Activity - February 2023 Date Department Vendor Name Description Amount 2/19/2023 ADMIN DEPT MCCORMICK'S FAMILY RESTAURANT Lunch with Senator Gruenhagen 26.18 2/5/2023 CREEKSIDE DEPT SPS COMMERCE Jan 2023 SPS Fees; UH & Bomgaars 259.81 2/10/2023 EDA DEPT DUNN BROTHERS COFFEE - 15 Coffee for HR Roundtable meeting 43.15 2/9/2023 EDA DEPT DEED COMMUNICATIONS MN Marketing Partnership membership 700.00 2/9/2023 EDA DEPT DEED COMMUNICATIONS MN Marketing Partnership membership cc fee 15.05 2/9/2023 EDA DEPT CASH WISE FOODS Snacks for HR Roundtable meeting 21.22 2/16/2023 EDA DEPT MCCORMICKS FAMILY RESTAURANT Lunch for Finance Team meeting 91.33 2/26/2023 EDA DEPT BERGER PLUMING HEATING A/C LLC Furnace repair, city -owned house @ 135 Glen 496.09 2/26/2023 EDA DEPT BERGER PLUMING HEATING A/C LLC Furnace repair, city -owned house @ 135 Glen 288.87 2/27/2023 EDA DEPT JIMMYS PIZZA Lunch for EDA Board 90.84 2/1/2023 FINANCE DEPT MN POLLUTION CONTROL WWTP - MPCA Training Certification 1.18 2/1/2023 FINANCE DEPT MN POLLUTION CONTROL AGEN WWTP -MPCA Training Certification 1.18 2/5/2023 FINANCE DEPT EMBASSY SUITES MINNEAPOLIS Finance conference hotel-J.Juergensen 166.71 2/5/2023 FINANCE DEPT EMBASSY SUITES MINNEAPOLIS Finance conference hotel -A. Reid 168.86 2/8/2023 FINANCE DEPT HAYES INSTRUMENTCO Engineering -Aervoe Inverted Paint 157.65 2/17/2023 FINANCE DEPT MINNESOTAGFOA 2023MNGFOADues -J.Juergensen 70.00 2/17/2023 FINANCE DEPT CUSTOMER ELATION INC WTP - February Calling Tree Service 68.50 2/17/2023 FINANCE DEPT CUSTOMER ELATION INC WWTP-February Calling Tree Service 68.50 2/19/2023 FINANCE DEPT MINNESOTAGFOA 2023 M NG FOA Dues - A. Reid 70.00 2/19/2023 FINANCE DEPT EBAY WWTP - manhole lid extractors (2) 250.00 2/22/2023 FINANCE DEPT WAL-MART City Center- soda for vending machine 70.26 2/28/2023 FINANCE DEPT EZBUSINESS FEE Credit Card Service Fee 15.00 2/2/2023 FIRE DEPT CASH WISE FOODS Annual rural township fire mtg 43.81 2/2/2023 FIRE DEPT WAL-MART Annual rural township fire mtg 44.99 2/3/2023 FIRE DEPT CARIBOU COFFEE CO Annual rural township fire mtg 38.72 2/8/2023 FIRE DEPT EYEWASHDIRECT Emergency eyewash station parts 192.71 2/28/2023 FIRE DEPT BENNYS MEAT MARKET Food for hosting quarterly McLeod Fire Chiefs mtg 71.91 2/28/2023 FIRE DEPT CASH WISE FOODS Food for hosting quarterly McLeod Fire Chiefs mtg 3.99 2/28/2023 FIRE DEPT CASH WISE FOODS Food & supplies for hosting quarterly McLeod Fire Chiefs mtg 86.03 2/1/2023 IT DEPT VARIDESK Mstifter stand up desk 863.00 2/5/2023 IT DEPT AMAZON Jbeck stand up desk 39.99 2/9/2023 IT DEPT BESTBUY Aradke Webcam 75.50 2/10/2023 IT DEPT BESTBUY Park Garage Printer 199.99 2/14/2023 IT DEPT MOSYLE CORPORATION Cell phone remote monitor 36.00 2/14/2023 IT DEPT MOSYLE CORPORATION Cell phone remote monitor 24.00 2/14/2023 IT DEPT MOSYLE CORPORATION Cell phone remote monitor 24.00 2/14/2023 IT DEPT MOSYLE CORPORATION Cell phone remote monitor 12.00 2/14/2023 IT DEPT MOSYLE CORPORATION Cell phone remote monitor 396.00 2/14/2023 IT DEPT MOSYLE CORPORATION Cell phone remote monitor 12.00 2/14/2023 IT DEPT MOSYLE CORPORATION Cell phone remote monitor 816.00 2/24/2023 IT DEPT INTUIT QUICKBOOKS Quickbooks- Creekside 2,423.30 2/26/2023 IT DEPT FAXPRODUCTS Tiff Viewer 49.99 2/26/2023 IT DEPT FAXPRODUCTS Tiff Viewer 12.50 2/26/2023 IT DEPT FAXPRODUCTS Tiff Viewer 12.50 2/26/2023 IT DEPT FAXPRODUCTS Tiff Viewer 12.50 2/27/2023 IT DEPT AMAZON Phone cables 36.98 2/27/2023 IT DEPT AMAZON Printer Cable 11.68 2/27/2023 IT DEPT AMAZON Toner 213.78 2/27/2023 IT DEPT AMAZON Toner 241.78 2/1/2023 LIQUOR HUTCH DEPT FACEBOOK Facebook advertising 14.99 2/5/2023 LIQUOR HUTCH DEPT MENARDS HUTCHINSON Misc cleaning supplies 94.18 2/5/2023 LIQUOR HUTCH DEPT RITE INC Replacement scanners for POS 930.94 2/16/2023 LIQUOR HUTCH DEPT RITE INC RITE PO5 system monthly maintenance fee 273.81 2/19/2023 LIQUOR HUTCH DEPT MENARDS HUTCHINSON Small tables purchased for events/displays 139.45 2/21/2023 LIQUOR HUTCH DEPT RITE INC RITE Annual fee for handheld device updates 244.82 2/28/2023 LIQUOR HUTCH DEPT CONSTANTCONTACT.COM Email blast advertising 70.00 2/1/2023 PARK & REC DEPT WM SUPERCENTER Printer Ink for Senior Center 67.12 2/1/2023 PARK & REC DEPT WOODWORKER'S SUPPLY INC Aluminim Oxide 120 Grit Feed Belt 61.19 2/1/2023 PARK & REC DEPT AMAZON Pocket File Folders 27.20 2/6/2023 PARK & REC DEPT AMAZON Bike Fleet Project Materials 552.41 2/8/2023 PARK & REC DEPT SIDEKICK THEATRE Senior Trips - Sidekick Theatre - Lunch and Show - 35 participants 1,715.00 2/9/2023 PARK & REC DEPT PARTS TOWN GearMotor, 24VDC 171.39 2/9/2023 PARK & REC DEPT AMAZON Paper Clips 7.99 2/10/2023 PARK & REC DEPT DURACARD/PLASTIC RESOURCE Hutchinson Aquatic Center Key Tags 780.00 2/12/2023 PARK & REC DEPT AMAZON Bike Fleet Project Materials 119.98 2/12/2023 PARK & REC DEPT WHENIWORK.COM Employee Scheduling Software 84.00 2/12/2023 PARK & REC DEPT AMAZON Bike Fleet Project Materials 135.99 Department Purchasing Card Activity - February 2023 Date Department Vendor Name Description Amount 2/12/2023 PARK & REC DEPT AMAZON Bike Fleet Project Materials 120.98 2/1/2023 PLANNING DEPT AMAZON Light filters 32.99 2/3/2023 PLANNING DEPT BAVIS SALES AND SERVICE Mic extension cable 107.60 2/5/2023 PLANNING DEPT AMAZON Wall clock 29.59 2/5/2023 POLICE DEPT AMAZON Planner 10.98 2/7/2023 POLICE DEPT AMAZON Chargers 26.43 2/14/2023 POLICE DEPT AMAZON Febreeze 17.99 2/16/2023 POLICE DEPT SOTA Schmeling training 360.00 2/16/2023 POLICE DEPT SOTA Schmeling training 25.00 2/16/2023 POLICE DEPT SOTA Berlandson training 25.00 2/16/2023 POLICE DEPT SOTA Berlandson training 360.00 2/21/2023 POLICE DEPT AMAZON Batteries 163.01 Total - P-Cards: $15,906.06 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATE FROM 3/15/23 - 3/28/23 Check Date -------i0------ 03/28/2023 Check ------------------------- 110909 Vendor Name ------------------------------------------------------ CROW RIVER GLASS INC Description #835---INDS-IELD-STRE------------------------------------------------- #835 WINDSHIELD -STREETS Amount ----------83.0- 383.06 Total - Check Register B: 383.06 c� HUTCHINSON CITY COUNCIL Request for Board Action A Cl- J ON PURPOSE. Continued Assessment Hearing for 2023 Pavement Improvement Projects Agenda Item: Department: PW/Admin LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Matt Jaunich/Mike Stifter Agenda Item Type: Presenter: Matt Jaunich/Mike Stifter Reviewed by Staff ❑� Public Hearing Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes 0 BACKGROUND/EXPLANATION OF AGENDA ITEM: This is a continued assessment hearing from our March 14 City Council meeting. Staff believes we have come to an arrangement with the Bullerts on their assessment and should have that available for the Council at your meeting on Tuesday. The final assessment roll resolution is attached for your consideration. BOARD ACTION REQUESTED: Approval of Assessment Resolution 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 RESOLUTION NO. 15581 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. SA5130 LETTING NO. 2/PROJECT NO. 22-02, 23-02 & 22-03 WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for improvement of: 2023 Pavement Improvements Project: 22-02 & 23-02 Roadway rehabilitation by milling, bituminous resurfacing, minor repairs to curb and gutter, restoration and appurtenances. 22- 03 New multi -use trail facility by construction of tree removals, grading, bituminous surfacing, landscaping, restoration and appurtenances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable 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, 2024 and shall bear interest at the rate of % percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2023, until the 31 st day of December 2024. To each subsequent installment when due, interest shall be added for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2023; and owner may, at any time thereafter, pay to the City Finance Department 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 Council this 28th day of March 2023. Gary Forcier, Mayor Matthew Jaunich, City Administrator O.u.ao 234)2, Pp� G..d —1: RESOLUTION NO. 15581 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. SA5130 & 5130A LETTING NO. 2/PROJECT NO. 22-02,23-02 & 22-03 WHEREAS,; pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for improvement of: 2023 Pavement Improvements Project: 22-02 & 23-02 Roadway rehabilitation by milling, bituminous resurfacing, minor repairs to curb and gutter, restoration and appurtenances. 22- 03 New multi -use trail facility by construction of tree removals, grading, bituminous surfacing, landscaping, restoration and appurtenances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period often (10) years, the first of the installments to be payable on or before the first Monday in January, 2024 and shall bear interest at the rate of_% percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2023, until the 31 st day of December 2024. To each subsequent installment when due, interest shall be added for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2023; and owner may, at any time thereafter, pay to the City Finance Department the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 26th day of March 2023. Gary Forcier, Mayor Matthew Jaunich, City Administrator 7�Lu�-"tA �&-) —OIG no. x/v =No. u-oz,xwx, xzm zox3 v�enn�n in,mwemeee emkn: Assessment Agreement between the City of Hutchinson and Mark and Lora Bullert This agreement between the City of Hutchinson, Minnesota ("City") and Mark and Lora Bullert (`Bullerts") concerns assessments attaching to 951 Golf Course Road NW in Hutchinson, Minnesota legally described as: Beginning at the Southeast corner of the Northeast quarter of the Northwest quarter (NE 1/4 of NW 1/4) of Section36, Township 117, Range 30; thence West 1 chain, thence North 31 1/2 degrees West 4 and 1/2 chains, thence North 241/2 degrees West 8 chains, thence North 11 degrees West 7.93 chains to the Section line; thence East 8.65 chains, thence South 20 chains to the place of beginning, containing 11 acres, more or less, McLeod County Minnesota, EXCEPTING THEREFROM all the land described as Parcels No. 2 and 2A of Right -of -Way Plat No. 4. (10.68 AC (.399 AC ROAD R/O/W) OF NE 1/4 NW 1/4 SECTION 36-117-30) ("the property") In order to resolve any misunderstandings concerning benefits to the property from public improvement project assessments, and to remain consistent with City assessment policies and practices, the parties agree to the following: 1. The deferred assessment associated with the city project for Golf Course Road NW which was levied in 2015 as part of Letting 3/ Project 15-03 — 2015 Pavement Management Program: Golf Course Road NW from School Rd to North High Drive, shall be reduced from $45,305 to $ 9,464 and shall remain deferred but shall accrue interest until the property or any part thereof is developed. Interest accrued shall be based on the modified assessment of $9,464 and shall commence upon approval of this agreement and the modified assessment. Any interest accrued prior to this agreement and/or based on prior assessment sum is waived and released and by the City. 2. The assessment associated with Letting No. 2, Project No. 22-02, 23-02 and 22-03 for School Road NW shall be in the amount of $13,365 and shall be deferred but shall accrue interest until the property or any part of it is developed. 3. The City agrees that it will permit and allow vehicular driveway access to and from the property onto School Road NW, Golf Course Road NW and 121' Avenue NW for purposes of ingress and egress. By entering into this agreement, the Bullerts' agree: 1. That the projects resulting in the assessments referenced herein have, or will, confer a special benefit onto the property resulting in an increase in the market value of the property. 2. With regard to the 2015 Golf Course Road NW assessment, the Bullerts' waive any notice and hearing requirements under Chapter 429 or other Minnesota statutes. 3. That, upon the City's execution of this agreement and adoption of the assessments contemplated herein, any objection to the assessments proposed or actually levied including the objection served on the City on March 14a', 2023 in conjunction with project No. 22-02, 23-02 and 22-03 are withdrawn and waived. By Mark Bullert Date: The City of Hutchinson By: Gary Forcier, Mayor By: Date: Lora Bullert By: — - Date: Matt Jaunich, City Administrator Date: 4854-8459-5290, v. 1 - HUTCHINSON CITY COUNCIL H UTO H I N SO N Request for Board Action A CITY ON PURPOSE. Assessment Hearing & Award for Alley Improvements Project (1-3/P23-03 & 23-04) Agenda Item: Department: PW/Eng LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Mike Stifter Agenda Item Type: Presenter: Mike Stifter Reviewed by Staff ❑� Public Hearing Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The City received four (4) bids (see attached Bid Tabulation) for the Alley Improvements project letting on Wednesday, March 8th. The apparent low bidder is Wm. Mueller & Sons of Hamburg MN, with a bid of $223,796.22 (approximately 15% lower than the final Engineer's Estimate). This project's total cost and associated funding contributions were reviewed by the Resource Allocation Committee and are accounted for within the City's proposed 2023 Infrastructure Improvement Program. City staff will provide a brief overview of the project scope, bids and associated improvement special assessments prior to opening the public communication portion of the Assessment Hearing. City staff have worked with adjacent property owners as this project has proceeded to address any construction and assessment questions. The final Assessment Roll and necessary Resolutions to award this project are attached. We recommend approving the provided Assessment Roll and Resolutions. BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 15591 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. SA5131 LETTING NO. 3/PROJECT NO. 23-03 & 23-04 WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for improvement of: Alley Improvements: (Alley #12 between Hwy 7 W & 3rd Ave NW from James St NW to Glen St NW & Alley #55 between Jefferson St SE & Adams St SE from 2nd Ave SE to 3rd Ave SE) Alley construction by construction of storm sewer, drain tile, surface reclamation/removal, grading, aggregate base, select granular borrow, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable 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, 2024 and shall bear interest at the rate of % percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2023, until the 31 st day of December 2024. To each subsequent installment when due, interest shall be added for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2023; and owner may, at any time thereafter, pay to the City Finance Department 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 Council this 28th day of March 2023. Gary Forcier, Mayor Matthew Jaunich, City Administrator RESOLUTION NO. 15592 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 3/PROJECT NO. 23-03 & 23-04 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: Alley Improvements: (Alley #12 between Hwy 7 W & 3rd Ave NW from James St NW to Glen St NW & Alley #55 between Jefferson St SE & Adams St SE from 2nd Ave SE to 3rd Ave SE) Alley construction by construction of storm sewer, drain tile, surface reclamation/removal, grading, aggregate base, select granular borrow, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances, and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Total Bid Wm. Mueller & Sons, Inc. of Hamburg MN $223,796.22 R & R Excavating, Inc. of Hutchinson MN $247,240.19 Duininck, Inc. of Prinsburg MN $273,037.25 Landwehr Construction, Inc. of St. Cloud MN $279,113.70 and whereas, it appears that Wm. Mueller & Sons, Inc. of Hamburg MN is the lowest responsible bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: The mayor and city administrator are hereby authorized and directed to enter into a contract with Wm. Mueller & Sons, Inc. of Hamburg MN in the amount of $223,796.22 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 28th day of March 2023. Mayor, Gary Forcier City Administrator, Matthew Jaunich ASSESSMENT ROLL NO. SA- 5131 LETTING NO.3 /PROJECT NO. 23-03 & 23-04 Alley ImPrpre —h pule, 112 boo reed "Iw& 11 Are xw 6om 11,1 NI m 61eonxw re I" w nmaroo Mcaanam-oa arnarm:ewer, dam Ble,:erta r«amatio�/remmal�ger.di�g,aggr fra gale eorrm.,�A P $sB.m msFAf Sx/f3/mxx as/z4/zdz3 Oty P10 tserrq PlO Property Adtlress Addr�1 Addr�2 Legal Desoiption LFGedit TomI LF ate, As aml Oekrred ate, Mire oar - er'-$566 SF245-1988 L3P8&1�$9,3]2./OH 153N Ave NW ,.&Beta Afazpers 1BIM l lac—F Add'M.. $6,602.50 $0. $6,­M Pil PO601-$5,904.36 -$566 —5-1988 L3P8&1-1312.108 2311L860 1033NAve NW GWM&Beta Afazpers 2BIM l,.cub'sF Addition $9,509.M 10A. $1509. Plat P0601-$5,904.36 [s1&zg PNagmeref am rre148o MNOOT ROW Pil - POGOS-$1,2 om ,! 43d3 BIM 22 Tawnsite -=LSP06lll-%,81122- - _ 08M,n NW Mnan.M Leasing LLC I M M. 171 j­d! Falk, MN 56283 --hie 1North Half $6,1 SO.A. $6,1 1-$8.890.44 - P0601-$0 3 BIM 22 Towasite of - L1P0601-$3,12228 31-117-2311L]30 6M, Are NW Meltzer uc PauI, MN S 2 Hutchinson, North Hag $3,300.00 $0. $3,3m. P0601-$2,952- Meltzer uc Paal, MN ss1Bz ]' of Lots 4 & STawnsite of rvet�nmsoa, North rveg $1ooB.BB $o. $6,wB. wer-5a&9.86 CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON MN 55350 320-234-4209 BID TABULATION - CITY OF HUTCHINSON LETTING NO. 3/PROJECT NO. 23-03 & 23-04 Alley Improvement Projects BID OPENING: 03/08/2023 @ 11:00 AM ENGINEER'S ESTIMATE $278,271.50 COMPLETION DATE: 09/15/2023 i w z= w t ITEM DESCRIPTION - a 'o Engineer's Estimate Wm. Mueller & Sons Cory Hcememann 831 Park Ave PO Box 247 Hamburg MN 55339 Phone 952d67-2720 coryhLIDwmmueller.com R & R Excavating, Inc. Brent Reiner 1149 Hwy 22 South Hutchinson, MN 55350 Phone 320-587-5918 michelleLIDrrexcava[ing.ne[ Duininck Inc Project Manager 408 6th St P O Box 208 Prins burg MN 56281 Phone 320-978{011 estimator@guininck.com Lenawehr Construction, Inc. E.U. Aing 846 South 99rd St PO Box 1086 Saint 320 MN 56302 ' Phone 92g-252-149a m,r„q@„pe¢nrcomvectioo.som BID PRICE I BID TOTAL BID PRICE I BID TOTAL BID PRICE I BID TOTAL BID PRICE I BID TOTAL BID PRICE I BID TOTAL BASE BID $278,271.50 $2235796.22 $2475240.19 $273,037.25 $2795113.70 DBE GOAL 0.00% 0.00% 0.00% 0.00% 0.00% BASE BID UNIT QUANTITY BID PRICE BID TOTAL BID PRICE BID TOTAL BID PRICE BID TOTAL BID PRICE BID TOTAL BID PRICE BID TOTAL 1 2021.501 MOBILIZATION LUMP SUM 1.00 $22,000.00 $22,000.00 $22250.00 $22,250.00 $14798.13 $14,798.13 $45000.00 $45,000.00 $48000.00 $48,000.00 2 2101.502 CLEARING EACH 1.00 $375.00 $375.00 $500.00 $500.00 $500.00 $500.00 $2,000.00 $2,000.00 $560.00 $560.00 3 2101.502 GRUBBING EACH 1.00 $150.00 $150.00 $100.00 $100.00 $100.00 $100.00 $750.00 $750.00 $560.00 $560.00 4 2104.502 REMOVE CASTING EACH 1.00 $200.00 $200.00 $100.00 $100.00 $202.34 $202.34 $125.00 $125.00 $180.00 $180.00 5 2104.503 REMOVE CURB AND GUTTER LIN FT 152.00 $7.00 $1,064.00 $6.31 $959.12 $5.24 $796.48 $10.00 $1,520.00 $7.75 $1,178.00 6 2104.503 SAWING CONCRETE PAVEMENT FULL DEPTH LIN FT 20.00 $25.00 $500.00 $20.00 $400.00 $6.00 $120.00 $5.50 $110.00 $6.10 $122.00 7 2104.503 SAWING BITUMINOUS PAVEMEN FULL DEPTH LIN FT 532.00 $5.00 $2,660.00 $10.00 5,320.00 $3.00 $1,596.00 $2.00 $1,064.00 $2.10 $1,1 7.20 8 2104.504 REMOVE CONCRETE WALK SO YD 9.00 $ 5.00 $135.00 $8.80 79.20 $11.24 $101.16 $60.00 $540.00 $29.50 265.50 9 1 2104.504 IREMOVE CONCRETE DRIVEWAY PAVEMENT SO YD 113.00 $8.00 $904.00 $8.80 $994.40 $11.52 $1,301.76 $30.00 $3,390.00 $14.90 $1,683.70 10 2104.504 REMOVE BITUMINOUS PAVEMENT SO YD 884.00 $12.00 $10,608.00 $3.53 $3,120.52 $8.34 $7,372.56 $10.00 $8,840.00 $4.85 $4,287.40 11 2106.507 EXCAVATION-COMMON(EV)(P) CU YD 412.00 $35.00 $14,420.00 $32.50 $13,390.00 $14.86 $6,122.32 $25.00 $10,300.00 $24.90 $10,258.80 12 2106.507 EXCAVATION-SUBGRADE EV CU YD 100.00 $65.00 $6,500.00 $49.21 $4,921.00 $49.68 $4,968.00 $50.00 $5,000.00 $55.00 $5,500.00 13 2106.609 HAUL AND DISPOSE OF CONTAMINATED SOIL TON 50.00 $140.00 $7,000.00 $75.00 $3,750.00 $50.03 $2,501.50 $100.00 $5,000.00 $85.00 $4,250.00 14 2108.504 GEOTEXTILE FABRIC TYPE V SO YD 1003.00 $2.00 $2,006.00 $2.00 $2,006.00 $3.33 $3,339.99 $2.50 $2,507.50 $3.00 $3,009.00 15 2118.509 AGGREGATE SURFACING CLASS 5 TON 55.00 $30.00 $1,650.00 $42.57 $2,341.35 $37.14 $2,042.70 $30.00 $1,650.00 $24.00 $1,320.00 16 2112.604 SUBGRADE AND BASE PREPARATION SO YD 1297.00 $2.00 7594.00 $1.97 2,555.69 $1.52 $1,971.44 $2.75 $3,566.75 $3.70 $4,798.90 17 2211.507 AGGREGATE BASE (CV) CLASS 5 (P) CU YD 389.00 $56.00 $21,784.00 $31.56 $12,276.84 $72.82 $28,326.98 $45.00 17,505.00 $56.50 $21,978.50 18 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GAL 80.00 $10.00 $800.00 $5.50 $440.00 $0.01 $0.80 $3.75 $300.00 $0.05 $4.00 19 2360.504 TYPE SP 9.5 WEARING COURSE MIXTURE 2,B 1.5 THICK SO YD 1060.00 $14.00 $14,840.00 $13.61 $14,426.60 $12.50 $13,250.00 $12.75 $13,515.00 $14.25 $15,105.00 20 2360.504 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) 2.5 THICK SO YD 1060.00 $20.00 $21,200.00 $18.31 $19,408.60 $18.00 $19,080.00 $21.25 $22,525.001 $20.50 $21,730.00 21 2503.503 12" RC PIPE SEWER DESIGN 3006 CLASS 5 LIN FT 366.00 $88.00 $32,208.00 $78.00 $28,548.00 $85.31 $31,223.46 $75.00 $27,450.00 $72.00 $26,352.00 22 2503.602 CONNECT TO EXISTING STORM SEWER EACH 2.00 $1,000.00 $2,000.00 $2000.00 $4,000.00 $1466.20 $2,932.40 $1150.00 $2,300.00 $570.00 $1,140.00 23 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 1.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 $1,506.40 $1,506.40 $1,150.00 $1,150.00 $1,020.00 $1,020.00 24 2503.603 12" HDPE PIPE SEWER DUAL WALL LIN FT 30.00 $110.00 $3,300.00 $89.00 $2,670.00 $79.46 2, 83.80 $60.00 $1,800.00 $40.00 $1,200.00 25 2506.502 CASTING ASSEMBLY (TYPE R-3237) EACH 1.00 $1,200.00 $1,200.00 $1,740.00 $1,740.00 $3,462.93 3,462.93 $2,500.00 $2,500.00 $1,117.00 $1,1 7.00 26 2506.502 ADJUST FRAME AND RING CASTING EACH 2.00 $250.00 $500.00 $750.00 $1,500.00 $1,061.95 2,123.90 $500.00 $1,000.00 $1,017.00 $2,034.00 27 2506.502 CATCH BASIN TYPE A EACH 6.00 $3,000.00 $18,000.00 $2443.00 $14,658.00 $4826.56 $28,959.36 $3500.00 $21,000.00 $3505.00 $21,030.00 28 2506.502 CATCH BASIN TYPE B (CASTING ASSEMBLY TYPE R-3237) EACH 1.00 $3,000.00 $3,000.00 $1,678.00 $1,678.00 $5,686.83 $5,686.83 $4,250.00 $4,250.00 $2,870.00 $2,870.00 29 2506.502 CATCH BASIN TYPE C EACH 1.00 $3,000.00 $3,000.00 $1931.00 $1,931.00 $4105.22 $4,105.22 $2850.00 $2,850.00 $3780.00 $3,780.00 30 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 EACH 1.00 $5,500.00 $5500.00 $412.00 $412.00 $fi 141.92 $6,141.92 $5 750.00 $5,750.00 $5 780.00 $5,780.00 31 2531.503 CONCRETE CURB AND GUTTER DESIGN D418 (MODIFIED 3" CURB HEIGHT LIN FT 557.00 $50.00 $27,850.00 $37.00 $20,609.00 $29.83 $16,615.31 $32.00 $17,824.00 $33.60 $18,715.20 32 2531.503 CONCRETE CURB AND GUTTER DESIGN B618 LIN FT 130.00 $50.00 $6500.00 $39.00 $5,070.00 $43.47 $5,651.10 $55.00 $7, 150.00 $56.00 $7,280.00 33 2531.504 4" CONCRETE WALK SO FT 85.00 9.10 $773.50 $14.00 1,190.00 $10.10 $858.50 $12.00 $1,020.00 $26.50 $2,252.50 34 2531.504 6" CONCRETE DRIVEWAY PAVEMENT SO YD 192.00 $150.00 $28,800.00 $80.00 $15,360.00 $83.45 $16,022.40 $95.00 18,240.00 $121.001 $23,232.00 35 2545.602 RELOCATE BURIED POWER CA LE EACH 2.00 $ ,500.00 3,000.00 $2250.00 ,500.00 $2250.00 4,500.00 $3000.00 $6,000.00 $2570.00 $5,140.00 36 2563.601 TRAFFIC CONTROL LUMP SUM 1.00 $3,500.00 $3,500.00 $1 900.00 $1,900.00 $1 650.00 $1,650.00 $1 650.00 $1,650.00 $1 845.00 $1,845.00 37 2573.502 STORM DRAIN INLET PROTECTION 1 EACH 9.00 $200.00 $1,800.00 $175.00 $1,575.00 $125.00 $1,125.00 $235.00 $2, 115.00 $170.00 $1,530.00 38 2574.507 COMMON TOPSOIL BORROW (LV) CU YD 75.00 $50.00 $3,750.00 $50.62 $3,796.50 $40.26 $3,019.50 $40.00 $3,000.00 $80.00 $6,000.00 39 2575.605 TURF ESTABLISHMENT ACRE 0.12 $10,000.00 $1,200.00 $11000.00 $1,320.00 $6500.00 $780.00 $6500.00 $780.00 $7,400.001 $888.00 TOTAL - LETTING NO. 3/PROJECT NO. 23-03 & 23-04 $278,271.501 $223,796.221 $247,240.191 $273,037.25 $279,113.70 Pege1 m 1 cR HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. 2022 Planning, Zoning, Building Department Annual Update Agenda Item: Department: Planning LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑� New Business Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: I will be giving the annual update for the Planning, Zoning, Building Department at the Council Meeting. I have attached an overview of department activity for 2022. Please let me know if you have any questions. BOARD ACTION REQUESTED: None. Informational only. 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 PLANNING/BUILDING/ZONING DEPARTMENT Planning/Building/Zoning Department Primary Services Under the direction of the Planning Director, this department provides long range planning services and reviews land use plans for consistency with the city plans. It also regulates properties to ensure general health, safety, and welfare standards for the community. In addition, it offers services that provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings within this jurisdiction. Overall Functions include: ■ Comprehensive Planning ■ Redevelopment Planning ■ Zoning and Subdivision Administration ■ Administration of State Building Code ■ Building Permit Issuance and Reporting ■ Plan Review ■ Commercial and Residential Building Inspections ■ Zoning and Property Maintenance Enforcement ■ Coordination of City Rental Inspection Program ■ Education 2022: THE YEAR IN REVIEW dM 2022 Accomplishments • Permitted over $40,000,000 worth of construction projects • Undertook City Housing Study • Continued work on Growth Area Planning Study • Continue to support Hutchinson Area Joint Planning Board • Uptown Grand Project Development 2022 Planning/Zoning/Building Department Overview • Local construction activity remained strong overall. • Second half of 2022 saw a decline in new housing starts due to interest rates • Hopeful that interest rates, inflation, and worker shortages will not impact growth of Hutchinson • Expected Projects o Uptown Grand Apartment Project o Jorgenson Hotel o Michael Court NW Apartment Project o Dollar General/Dollar Tree Hwy 7 W o RD Machine Expansion o Continued Residential Development PLANNING Primary Services Overview — Planning and Zoning Department staff provide a variety of customer services, coordination, and review services, including processing and reviewing of land use applications. The Department provides long range planning services and reviews land use plans for consistency with city plans. Demographic information, as well as projections about population growth are monitored and planned for by this department. The Department also drafts policies and revises ordinances to implement the goals of the City regarding growth management and development practices. The Department works closely with the Engineering, Housing and Redevelopment, and Economic Development Departments. Zoning is the regulation of property to ensure general health, safety, and welfare standards for the community. The Zoning Department assists residents and applicants with zoning requests, development requests and flood plain information. Staff coordinates efforts to communicate with the property owner or developer by arranging pre - development meetings "up -front" to get questions answered at the beginning of the project. Department staff issues applications for Conditional Use Permits, Variances, Rezoning, Annexations, Lot Splits, Platting, and Sign permits. The Planning Department provides the following services. • Planning Commission support • Development Review • Long-range/Comprehensive planning Special land use and redevelopment studies Point of contact for lands use and zoning inquiries and property research • Document preparation for land -use decisions, ordinance updates and development decisions • Permanent sign and zoning permit coordination and administration Building permit review for land use and zoning conformity • Zoning, Subdivision and FEMA Flood Ordinance administration 2022 Accomplishments: Reviewed and Processed: • 18 Applications for Planning Commission • 140 City Land Use Applications • 65 zoning reviews of building permits. • 38 sign permits reviewed. • 52 predevelopment/application meetings. 2022 Planning Commission Items o CUP for a Tattoo Establishment in the Main Street Area District located at 18 Main St S o CUP to move a structure larger than 200 square feet from 135 Franklin St N to 225 Washington Ave W o CUP to establish a use for Business/Professional office space in a C-5 Zoning District located at 96 4th Ave NW o Preliminary Plat for Ravenwood South o CUP for a second drive thru lane in a C-4 Zoning District located at 1510 Montreal St SE o Lot Split located at s1545 McDonald Dr SW o CUP for a new dining hall building located at 700 Main St N o CUP for an addition to an existing building in an I/C Zoning District located at 110 4th Ave NE o CUP to move a building from 135 Monroe St SE to 490 Hwy 7 E o Lot Split located at 490 Hwy 7 E o Amendment to the Zoning Ordinance Section 154.142 (E) and (F) regarding downtown signage review committee and murals o Site Plan Review for Car Wash facility located at 1490 Montreal St SE o CUP for Car Wash facility located at 1490 Montreal St SE o Rezone a property form C-4 to 1-1 located at 490 Hwy 7 E (South 1/2) o Amendment to the Zoning Ordinance Sections 154.064 and 154.067 regarding minimum lot dimension requirements o Final Plat for Ravenwood South o Site Plan Review for parking lot plan located at 125 Main St N o CUP for Apartment Buildings in an R-4 Zoning District located on Michael Ct Building Department it INNEW-- Primary Services Overview of Building Department - MN Rule 1300.0030 states that the purpose of the MN State Building Code is to establish minimum requirements to safeguard the public health, safety and general welfare, through structural strength, means or egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. The code applies to the design, construction, addition, alteration, moving, replacement, demolition, repair, equipment, installation, use and occupancy, location, maintenance, and inspection of any building, structure, or building service equipment in a municipality. The code includes among other provisions: The MN Building Code, the MN Residential Code, the MN Conservation Code for Existing Buildings, the MN Floodproofing Regulations, the MN Accessibility Code, the Prefabricated Structures Code, the Industrialized/Modular Buildings Code, the MN Plumbing Code, the MN Commercial Energy Code, and the MN Residential Energy Code. The purpose and scope of the MN State Building Code clearly convey the complexity and significance of building code administration. The practical administration of the code includes education, communication, plan review, correspondence, permit administration, field inspection, and enforcement to ensure the purpose of the code is accomplished throughout the breadth of its scope. Under the direction of the Planning Director and the Building Official, protective inspections provides the following services: o Plan Review for residential, commercial properties and State licensed facilities o Clearinghouse for the issuance of building, mechanical, plumbing, erosion control, grading, and sign permits. o Field Inspections o Enforcement of building, plumbing, and mechanical codes (i.e. new and existing building construction for fire, life, health and safety) o Education of homeowners and contractors on the building code, permits, and processes. 2022 Accomplishments o Provided plan review and building inspection services as required. o Educated property owners regarding permit requirements, licensed contractors and state building codes o Provided Inspection and plan review services: ■ New Police Facility 0 Rec Center Exterior Remodel ■ Park Elementary Demo/Remodel 0 Ridgewater College Remodel ■ Harbor Freight 0 Upper Midwest AC Club Building ■ New MITGI Building 0 Civil Air Patrol Building ■ 101 Park Place remodel/apartments 0 Citizens Bank Drive Thru Projects ■ Pride Solutions renovations 0 WUHF Buildings ■ Stearnswood Building 0 Due North Car Wash ■ 3M Oven Project 0 New Grain Elevator Number of Building Permits Issued 2012 Through 2022 80 70 60 50 40 30 20 10 0 4000 3500 3000 2500 2000 1500 1000 500 0 CONSTRUCTION VALUATION MILLION $ VALUATION 2012-2022 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2012 — 2022 Total Building Inspections 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 New Dwelling Unit Construction 40 35 30 25 20 15 10 5 0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Staff has researched recent trends of new residential construction in this region by surveying other communities in the area with populations similar to Hutchinson in an effort to attempt to verify if the level of new residential construction activity in Hutchinson is common to the surrounding regions. The majority of similarly sized communities in this region indicate construction trends similar to what Hutchinson has experienced in recent years. As may be expected, communities that are metropolitan suburbs or regional hubs have experienced higher total volumes of construction. However, the overall trend of construction activity in the surveyed region is very similar between communities. 200 - 180 160 140 120 100 80 - 60 - 40 I - 20 01 w 2017 2018 2019 ■ 2020 52021 ■ 2022 Rental License Program The City adopted the rental program in 2008 and the Planning/Building/Zoning Department took it over from the Fire Department in 2014. The rental inspection program data suggests that most property owners/managers are planning and preparing for the inspections. Staff are happy to educate new rental property owners and new managers who are not familiar with the expectations of the rental program. Most experienced property owners are actively checking units ahead of time and preparing them prior to the inspection. They are making repairs to improve the general condition of the units and this greatly reduces the likelihood of major violations and subsequent enforcement action. City inspectors are now being viewed as a resource to help the business operate successfully and the tenants express the support they receive when there are problems or concern that go uncorrected. Rental Inspection Report from January 1, 2021 to January 1, 2022: • Rental Property Initial Inspections - 46 • Rental Property Re -inspections -10 • Number of Units Inspected - 231 • Number of Units with No Violations - 191 324 290 227 283 265 302 52 48 48 49 49 49 29 26 25 27 24 27 24 26 27 27 27 27 49 50 50 51 52 52 241 49 27 28 56 PLANNING, ZONING, BUILDING DEPARTMENT ADDENDA CITY OF HUTCHINSON COUNT OF B UILDINGIPL UMBINGIMECHANICAL PERMITS ISSUED AND VALUATION 2022 Total Number Inspections 1913 Building Permits Issued by Type Year to Date Number Permits & Valuation Commercial (new) 7 - $5,865,030 Commercial Additions/ Remodels 67 - $20,026,959 Industrial (new) 0 - $0 Industrial Additions/Remodels 2 - $1,800,000 Fire Sprinkling 32 - $1,055,715 Total New Residential Units (Single Family, twins, townhomes) 24 - $5,393,727 Residential misc. (additions, repairs, remodels, etc) 88- $875,765 Set fee permits (reside, reroof, window replacement, misc.)* 415 Subtotal Building Permits: 635 - $35,017,196 Mechanical 157 - $5,510,224 Plumbing* 107 Total Permits issued and valuation 899 - $40,527,420 *Set fees not included in valuation Yearly Permit and Valuation Totals YEAR TOTAL NO. OF PERMITS TOTAL VALUATION 2022 Building 635 $35,017,196 Mechanical 157 $ 5,510,224 Plumbing 107 $ $40,527,420 2021 Building 715 $34,346,923 Mechanical 197 $ 5,418,155 Plumbing 148 $ $39,765,078 2020 Building 839 $38,937,108 Mechanical 178 $ 2,495,764 Plumbing 137 $ $41,432,872 2019 Building 747 $42,560,147 Mechanical 198 $ 3,955,457 Plumbing 92 $ $46,515,604 2018 Building 1075 $40,161,512 Mechanical 239 $ 4,147,765 Plumbing 110 $ $44,309,277 2017 Building 1962 $60,949,672 Mechanical 232 $ 6,912,447 Plumbing 97 $ $67,862,119 2016 Building 788 $18,429,091 Mechanical 206 $ 1,000,062 Plumbing 94 $ $19,429,153 2015 Building 865 $13,690,216 Mechanical 166 $ 1,247,905 Plumbing 78 $ $14,938,121 2014 Building 779 $12,378,612 Mechanical 219 $ 1,821,629 Pluming 83 $ $14,200,241 2013 Building 879 $14,099,677 Mechanical 190 $ 898,781 Plumbing 70 $ $14, 998,458 2012 Building 946 $ 6,670,152 Mechanical 168 $ 1,183,714 Plumbing 68 $ $ 7,854,157 • Special permits are fixed fee permits for residential reshingle, resides, window replacements, and excavations, signs, manufactured homes, fences, moving, demolitions, decks, residential sheds, and fire sprinkler permits. New Residential Construction YEAR HOUSING TYPE BUILDINGS UNITS CONSTRUCTION COST 2022 Single Family Dwelling 24 24 $ 5,393,727 2021 Single Family Dwelling 35 35 $ 7,397,267 2020 Single Family Dwelling 36 36 $ 7,582,886 2019 Single Family Dwelling 23 23 $ 5,027,559 2018 Single family Dwelling 34 34 $ 6,486,684 2017 Single Family Dwelling 25 25 $ 4,972,795 Twi nhomes 1 2 373,104 $ 5,234,899 2016 Single Family Dwelling 24 24 $ 4,722,278 Twi nhomes 3 6 895,100 $ 5,617,378 2015 Single Family Dwellings 20 20 $ 3,623,304 2014 Single Family Dwellings 23 23 $ 4,770,652 2013 Single Family Dwellings 12 12 $ 2,378,254 2012 Single Family Dwellings 5 5 $ 935,140 2022 Construction Activity NEW CONSTRUCTION STARTS Valuation New Homes $ 5,393,727 320 3rd Ave NW (Stearnswood new building) 986,646 120 Eastgate Dr SE (Pride Solutions new building) 1,836,997 720 Airport Rd SW (Upper Midwest AC Club) 300,000 840 Airport Rd SW (Civil Air Patrol) 678,582 357 Hwy 7 E (WUHF) 842,194 1060 5th Ave SE (new grain elevator) 240,000 1490 Montreal St SE(Due North car wash) 980,611 11,267,757 Detached Garages 310 Jefferson Ct SE 23,494 543 Adams St SE 21,686 225 Washington Ave W C 13,000 58,180 Total New Construction $11,325,937 COMMERCIAL AND INDUSTRIAL ADDITION AND REMODELS Park Elementary 12,092,000 MITGI new building 2,000,000 3M (new Entry Oven) 1,800,000 Rec Center exterior 1,515,500 Runnings reroof 566,300 96 4th Ave NW office 500,000 Citizens Bank Drive Thru downtown 500,000 Armory reroof 372,480 1150 5th Ave SE office 320,000 Ridgewater College remodel 318,000 101 Park Place renovation 180,000 Firelake Manufacturing 175,000 Total Addition and Remodel Work $20,339,280 All Other Commercial/Industrial Work 1,478,679 All Other Residential Work 817,585 Mechanical 5,510,224 Plumbing 0 Fire Sprinkler 1,055,715 Total Construction Valuation $ 40,527,420 New Housing Starts 2022 Site Address Sub Type Owner Name Valuation Contractor Issued Date 1563 9"' Ave SW Single Family Castle Gate Construction Inc $270,774 Castle Gate Construction 01/03/2022 1356 Southfork Dr SE Single Family Castle Gate Construction Inc $254,507 Castel Gate Construction 01/31/2022 1270 Prairie View Dr SW Single Family 4 Square Builders. $352,793 4 Square Builders 02/24/2022 453 Grant Ave SE Single Family Castle Gate Construction Inc $240,115 Castle Gate Construction 03/08/2022 500 Southfork Cir SE Single Family Bonneville Land & Cattle $232,357 Utecht Construction 05/03/2022 1388 Heritage Ave NW Single Family Tom & Sharon Schwartz $263,927 TTS Construction 05/16/2022 513 Southfork Cir SE Single Family Bonneville Land & Cattle $206,415 Utecht Construction 06/07/2022 515 Southfork Cir SE Single Family Bonneville Land & Cattle $206,415 Utecht Construction 06/07/2022 517 Southfork Cir SE Single Family Bonneville Land & Cattle $206,415 Utecht Construction 06/07/2022 158 Eau Claire Ave SE Single Family First Class Builders Inc $210,888 First Class Builders Inc 06/08/2022 519 Southfork Cir SE Single Family Bonneville Land & Cattle $222,316 Utecht Construction 07/01/2022 457 Grant Ave SE Single Family Castle Gate Construction Inc $227,874 Castle Gate Construction 07/11/2022 181 Denver Ave SE Single Family Betker Builders LLC $220,574 Betker Builders LLC 07/13/2022 1272 Denver Ave SE Single Family Kris & Vanessa Betker $288,781 Betker Builders LLC 07/29/2022 501 Southfork Cir SE Single Family Bonneville Land & Cattle $208,885 Utecht Construction 08/30/2022 511 Southfork Cir SE Single Family Bonneville Land & Cattle $212,439 Utecht Construction 09/06/2022 132 Denver Ave SE Single Family Betker Builders LLC $256,955 Betker Builders LLC 09/28/2022 173 Eau Claire Ave SE Single Family First Class Builders Inc $252,995 First Class Builders Inc 09/30/2022 1328 Bradford St SE Single Family First Class Builders Inc $217,552 First Class Builders Inc 10/21/2022 173 Denver Ave SE Single Family Betker Homes Construction $236,711 Betker Homes Construction 10/28/2022 825 Willow Dr SW Single Family Betker Builders LLC $272,320 Betker Builders LLC 11/17/2022 535 Bluff St NE Single Family Excelsior Homes $50,000 Excelsior Homes 11/22/2022 510 California St NW Single Family Excelsior Homes $35,000 Excelsior Homes 11/22/2022 129 Detroit Ave SE Single Family First Class Builders Inc $246,719 First Class Builders Inc 12/28/2022 New Construction Count 24 Total Valuation $5,393,727 2022 Annual Report Public Works (Engineering, Operations & Maintenance, Water, Wastewater) HIN ON PUBLIC WORKS AND ENGINEERING Public Works and Engineering Departments Engineering Streets & Roadways Cemetery Airport HATS Facility Water Wastewater Storm Water Core Services Public Works (Engineering, Operations & Maintenance, Water, Wastewater) Essential Services Basic Services (Programs, services and infrastructure without (Programs, services and infrastructure that which the city would not survive) significantly improve the quality of life or meet basic needs of the majority of citizens) • Snow removal & ice control • Street maintenance • Assessment administration • Emergency management • Cemetery services • Storm water & flood management • GIS mapping • Wastewater treatment & collection • Infrastructure planning • Water treatment & distribution • Mosquito control • Property data management Critical Services • Residential leaf vacuum service (Programs, services, and infrastructure critical • Streetlights to maintaining essential services or necessary to • Sump pumps & drainage support essential services) • Traffic operations • Trail/sidewalk maintenance • Bridge maintenance • Transportation planning • Engineering services • Forestry operations Targeted Services • Environmental services (Programs, services and infrastructure that • Fleet management significantly improve the quality of life or meets • Facility management special needs of a specific subgroup of citizens) • Planning & Development services • Right -of -Way management • Airport • Risk management & legal review • Alleys • Biosolids management • Parking Lots • Dam maintenance • Public Event support • Lift stations, wastewater systems • General customer service • Meter reading • Environmental regulations Special Services • Street sweeping &cleaning • Utility coordination (Programs, services and infrastructure that, if • Utility locating removed, would not significantly reduce the quality of life of citizens) • Crow River fountain The majority of Public Works services are classified as Essential or Critical services. Many of the 2022 Public Works services classified as Basic services and Targeted Budgeted Expenditures services either support higher -level services or (all departments, CIP) improve the quality of life within the City. 31.15 FTE $24,596,611 Engineering Public Works Primary services (Engineering, Operations & Maintenance, Water, Wastewater) Under the leadership of the Public Works Director & City Engineer, Engineering provides the following primary services: • Work with other departments to develop, design and deliver public infrastructure projects. • Prepare and administer Capital Improvement Plan (CIP), associated financing. • Oversee public improvement construction contracts and funding from outside sources. • Calculate special assessments associated with improvements, assist with assessment records and searches. • Correspond and coordinate with other agencies and utilities regarding infrastructure improvements affecting the City. • Review and provide support to developments done by private entities and the City's EDA. • Oversee and ensure compliance with environmental regulations for water, wastewater and storm water. Workforce (3.40 FTE): • Kent Exner DPW/City Engr • John Paulson Proj/Env/Reg Mgr • Keith Messner Sr Engr Tech • Chad Muchow Sr Engr Tech • Jocelyn Jacobson Engr Secretary • Seasonal labor 0.20 FTE 2022 Engineering budgets Engineering: CIP-infrastructure CIP-Wastewater CIP-Water CIP-Storm Water CiP-Engineering All Funds: 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Supplies, 8,700 $ 441,310 $ 3, 266, 762 $ 759,400 $ 705,000 $ 652,100 29,50 $ 5,854,072 Engineering Wages,' 354,960 Misc., 3,850 08/31 Kent Exner resigned as DPW/City Engineer 09/01 John Olson appointed as Interim Public Works Director 09/01 Justin Black, S.E.H., appointed as interim City Engineer 12/29 Mike Stifter hired as Public Works Director, starting 01/17 Under the guidance of the Public Works Director & City Engineer, in cooperation with other departments, Engineering facilitates cost-effective management of the City's physical infrastructure to meet the City's vision, goals, policies, ordinances and standards. Specifically, Engineering works to plan, administer and deliver a variety of improvements that provide a multi -use transportation system, quality public facilities and quality utility services (water, sanitary sewer, storm water), while striving to create a functional, connected, clean and healthy environment within the City. Operations & Maintenance: Streets & Roadways, Cemetery, Airport, HATS Facility and Storm Water Public Works (Engineering, Operations & Maintenance, Water, Wastewater) Primary services 2022 Operations & Maintenance budgets Under the leadership of the Public Works Manager, Operations & Maintenance provides the following primary services: • Roadway maintenance • Snow removal & ice control • Distribution system maintenance • Collection system maintenance • Vehicle & equipment maintenance • Forestry operations • Facility maintenance • Cemetery operations • Traffic operations • Street sweeping & cleaning • General services • Administration & training Workforce (11.20 FTE): • John Olson Public Works Manager • Bruce Fenske Maint Lead Operator • Donovan Schuette Arborist • Tim Read Equipment Mechanic • Jerome Burmeister Sr PW Maint Operator • Pete Dehn Sr PW Maint Operator • DeNeil Thompson Sr PW Maint Operator • Goeffrey Hansen Sr PW Maint Operator • James Trnka PW Maint Operator • Mitchell Thompson PW Maint Operator • Nicholas Pagel PW Maint Operator • Joshua Alnes PW Maint Operator • Sonja Muellerleile PW Secretary • Seasonal labor 1.75 FTE Streets & Roadways: Storm Water: HATS Facility: Cemetery: Airport: CIP-HATS Facility CiP-Misc. infra CiP-Streets CIP-Storm water CIP-Cemetery All funds: 100% $1,630,466 $1,793,748 $ 656,145 $ 145,838 $ 145,123 $2, 700, 000 $ 400,000 $ 345,900 $ 94,500 22 700 $7,934,420 Operations & Maintenance 90% Wages, 1,153,59 80% 70% �Sl,0710635 60% 50% 40% 30% Depr, 254,000 20% brbt pmt. Ir Transfer, 221,589 10% 110131-3 MIS€y 45,775 0% 06/11 Justin Rusch, resigned from Sr PW Maint Operator 06/13 Geoffrey Hansen, promoted to Sr PW Maint Operator 06/13 Mitchell Thompson, lateral to PW Maint Operator 08/29 Nicholas Pagel, hired to PW Maint Operator Public Works operations & maintenance is interdisciplinary. Employees regularly work across all divisions on a regular basis. The Public Works Director and the Public Works Manager are the two senior management positions. The Management Team consists of them, along with the Water Manager, Wastewater Manager and Project/Environmental/Regulatory Manager. The Public Works Manager oversees operators, mechanics and technicians involved in day-to-day service provision, operations and maintenance of infrastructure, equipment maintenance and facility maintenance. Water Public Works (Engineering, Operations & Maintenance, Water, Wastewater) Primary services 2022 Water budgets Water: $4,934,524 Under the leadership of the Water Manager, CIP-Water 73,45 Water provides operations and maintenance $5,007,974 services in the following areas: • Water treatment • Treatment plant operations & maintenance • Water towers and storage • Water meters • Distribution system maintenance • Response to service interruptions • Coordination with improvement projects • Utility locates • Facility maintenance Workforce (5.65 FTE): • Eric Levine • Mike Lien • Jim Navratil • Finance staff • Seasonallabor Water Manager Sr Water Plant Operator Water Maint Operator 0.60 FTE 0.25 FTE A half -cent sales tax generates revenue of over $935,000 per year. This revenue helps to pay outstanding treatment plant debt. 100% 90% 80% — 70% — 60% 50% — 40% — Water Debt pmt, 1,465,433 Depr, 1,132,000 30% Supplies, wages, i 1fi8,1Sb 20% 579,241 Transfer, 10% 70,00U,. - Mist„ 13,500 0% — The Water Manager oversees and coordinates staff involved in day-to-day operations and maintenance of the wells, water treatment plant, water storage, water meters, related process equipment and facilities. The Water and Wastewater divisions work together on a daily basis, assisting one another to ensure both plants function properly to meet permit requirements. Wastewater Public Works Primary services (Engineering, Operations & Maintenance, Water, Wastewater) Under the leadership of the Wastewater Manager, Wastewater provides operations and maintenance services in the following areas: 2022 Wastewater budgets Wastewater: $5,605,145 CIP-Wastewater 195,00 $5,800,145 • Wastewater treatment A half -cent sales tax generates revenue of • Treatment facility operations & maintenance over 935,000 per year. This revenue • Collection system maintenance helps to pay outstanding treatment plant • Response to service interruptions debt. • Coordination with improvement projects • Utility locates • Facility maintenance Wastewater 100% Workforce (7.95 FTE): • Tim Gratke Wastewater Manager 90% • Randy Czech Sr Wastewater Operator • Eric Moore Sr WW Maint Operator 80% • Deb Paulson Lab Tech/WW Operator 70% • John Kent WW Maint Operator • Matt Keller W/WW Technician 60% • Finance staff 0.60 FTE • Seasonallabor 0.50 FTE 50% 40% 30% Capital, 984,400 Debt pmt, 1,182,0 Svc & Ch 769,000 20% Wages, Supplies, 10% Transfer, 776,934 246,500 80,000 M isc., 0% 40,000 The Wastewater Manager oversees and coordinates the staff involved in day-to-day operations and maintenance of the wastewater treatment facility, lift stations, related process equipment and facilities. The Water and Wastewater divisions work together on a daily basis, assisting one another to ensure both plants function properly to meet permit requirements. 2022 Significant Accomplishments Public Works (Engineering, Operations & Maintenance, Water, Wastewater) Major Improvements Campbell/Otter Lakes Restoration • Environmental Assessment Worksheet South Central Drainage improvements • Storm sewer & streets, west of Rec Center/Civic Arena Utilities Projects Water • Concentrate recovery bench testing & pilot study • Replace concentrate piping • SCADA upgrades • Water tower rehabs Wastewater • Complete preliminary treatment/EQ system upgrades • Initiated WWTF SCADA upgrades • Lift station upgrade (Hwy 15) • Remote lift station control update • Aeration/mixing (E ditch) — Phase II • Advanced phosphorous removal trials Distribution/Collection • Storm sewer (various locations) • Manhole lining — Pishney Infrastructure Maintenance • Street repairs, patching & maintenance overlays • Trail repairs • Replay pavement preservation • Alleys & parking lots • Storm water pond & pipe repair Facility Projects Airport — Significant repair to door damaged by wind 8/2/22. Cemetery — Tree removal HATS Facility — Mechanic storage, repair of diesel pump Water— Planning security upgrades Wastewater — Planning security upgrades Vehicles & Equipment Significant cost inflation and supply issues resulted in several Public Works vehicles and equipment replacements to be deferred. Operations & Maint Brush chipper Operations & Maint Vacuum excavator Wastewater Biosolids spreader Sustainability Maintained Green Step Cities Step 4 & 5 status A $3.1 million project to improve Otter & Campbell lakes and the South Fork Crow River was funded by the State's bonding bill in 2020. Project goals include: improve water quality, reduce watershed soil loss, restore habitat, enhance recreation and replenish lost topsoil. Work continues to identify projects to meet these goals. Construction was substantially completed for the South -Central trunk storm sewer by installing stormwater infrastructure and reconstructing streets west of the Recreation Center/Civic Arena. Finishing touches next spring will bring this multi -year project to a close early in 2023. Substantial completion of the wastewater facility preliminary treatment project ended one of the largest projects at the facility since 2007, when a portion of the plant was constructed. This project improved the preliminary treatment system, capturing more solids earlier in the treatment process and adding greater operational control & flexibility. 2023 Major Goals & Objectives Public Works Maior Improvements Campbell/Otter Lakes Restoration (Engineering, Operations & Maintenance, Water, Wastewater) Roberts Rd SW (Alan St SW to Dale St SW) • Partial reconstruction + water main Jefferson St SE (Airport Rd to Edmonton Ave SW) • Partial reconstruction +trail • Cooperative project w/ McLeod County Pavement Improvements • Century Ave SW (Dale St to Boston St) • School Rd NW (Golf Course -North High) • Hwy 15 S trail (Grove St -Linden Ave) Uptown Grand sanitary sewer realignment Alley Improvements • Alley 12 (Taco Johns) • Alley 55 (Fire Department) Utilities Projects Water • SCADA upgrades • Permeate pump VFD installation • Biofilter air modifications • Water tower rehabs Wastewater • Refine SCADA upgrades • Lift station upgrade (Our Saviors) • Install remote lift station controls • Aeration/mixing optimization (E ditch) Phase II commissioning • Biosolids optimization project • PFAS sampling & source identification Distribution/Collection • Storm sewer (Clean out 211 Ave SW & Southfork ponds) • Curtain grouting — California, Alaska, Golf Course Rd, Hwy 15 N Infrastructure Maintenance • Street repairs, patching & maintenance overlays • Trail repairs • Pavement preservation • Alleys & parking lots • Storm water pond & pipe repair Facility Projects Airport: Large box hangars, LED lighting, tree removal & drainage ditch Cemetery: Fencing (Southeast & Ballfield) HATS Facility: Bonding (tempered storage, fuel system, mechanic space) Water: Planning security upgrades Wastewater: Planning security upgrades Vehicles & Equipment Significant inflation and supply issues caused deferral of several vehicle & equipment replacements. Operations & Maint Brush chipper Operations & Maint Vacuum excavator Wastewater Biosolids spreader Sustainability Maintain Green Step Cities Step 4 & 5 status Otter & Campbell Lakes Restoration project goals include: improve water quality, reduce watershed soil loss, restore habitat, enhance recreation and replenish lost topsoil. Work continues to secure funding and identify projects to meet these goals. Partial reconstruction on Roberts Rd SW will complete the work begun when the high school was built. The City will take over Jefferson St SE between Airport Rd & Edmonton upon completion of improvements. Mill -overlay project for Century Ave SW, School Rd NW to preserve pavement condition. The Hwy 15 S trail, started when Hwy 15 was rehabilitated in 2020 will be done. Alley projects will complete paving in these two alleys adjacent to commercial properties. 2023 Major Goals & Objectives Public Works (Engineering, Operations & Maintenance, Water, Wastewater) Funding, Studies, Planning & Initiatives Street Corridor Project Initiatives • Complete intersection improvements studies, begin to implement recommendations • Construction cost analysis • Assessment policy document HATS Facility • State bonding request for addition of 18,000 SF vehicle & equipment storage, fueling site construction and mechanics' shop improvements. Airport • Support funding requests to complete the Mn CAP training facility, site construction. Lakes and River Basin Improvements • Pursue additional funding sources. State bonding request for additional funds. • Coordinate proposed improvements with Mn Dept. of Natural Resources and Renville & McLeod County Soil & Water Conservation Districts. McLeod County Public Works • Coordinate potential improvements with McLeod County o North High Dr (west and east of Hwy 15 N) Water Distribution System • Water meter replacements • Water valves in Clifton Heights Addition • Mapping Michigan St SE/NE water infrastructure • Cross-connection/backflow program Water/Wastewater • Respond to requests for information regarding water & wastewater rate structure (2023 implementation) • PFAS monitoring and source reduction efforts; new SIU local limits Stormwater Collection/Treatment Systems • Storm water system resiliency hydrology & hydraulic modeling City Sustainability Committee • Develop climate action plan • EV Smart City designation On an ongoing basis, Public Works staff works closely with McLeod County Public Works, MnDOT, MnDNR, MnPCA, MnDOH, and other government agencies to identify, develop and/or coordinate improvements and initiatives. Community Survey Public Works (Engineering, Operations & Maintenance, Water, Wastewater) Periodically the City conducts the National Community Survey. In the most recent 2019 survey, citizens identified Safety and the Economy as their two most important issues. Several categories in the survey relate to Public Works, including: Category Overall ease of travel Paths & walking trails Ease of walking Travel by bicycle Travel by public transportation Travel by car Public parking Traffic flow Street repair Street cleaning Street lighting Snow removal Sidewalk maintenance Traffic signal timing Drinking water Sewer services Storm drainage Score Comparison to national benchmark 83% Similar 84% Higher 85% Higher 75% Higher 41% Similar 78% Similar 68% Similar 52% Similar 26% Lower 58% Similar 78% Higher 76% Similar 66% Similar 57% Similar 78% Similar 89% Similar 78% Similar increase from 2015 decrease from 2015 increase from 2015 increase from 2015 increase from 2015 increase from 2015 These surveys help to identify strengths and weaknesses in services provided by the department. About 8 in 10 residents positively assessed the overall ease of travel in Hutchinson. Several categories were rated higher than national benchmarks, including ease of travel by bicycle and by walking, the availability of paths and walking trails and street lighting. At least 75% of respondents gave those categories high ratings. In 2019, residents gave higher ratings to public parking, street lighting, snow removal, sidewalk maintenance and traffic signal timing when compared to 2015. Street repair scored lower when compared to communities nationwide. Positive assessments of street repair declined between 2015 and 2019. About 8 in 10 residents felt it was essential or very important for the City to put additional funding toward street repair and maintenance. About 75% of residents supported a $250,000 property tax increase dedicated to fixing, repairing and upgrading city streets and related infrastructure. 60% of respondents supported a $500,000 tax increase. In 2020, the City Council approved additional funding of $25,000 for Infrastructure Maintenance, raising the annual amount to $400,000. No additional funding was added in 2022. Public Works staff believes the concerns respondents had regarding street repair were likely influenced by the poor condition of a number of busy, private roadways and parking lots, coupled with an unusual amount of frost damage in 2019. The City does not maintain private roadways and parking lots. Frost damage repairs were not completed until late in 2019. In 2020 and 2022, several private roadways and parking lots were repaired. These repairs may positively affect future survey ratings. Pavement Management Public Works 0 H Z W J J W U X W (Engineering, Operations & Maintenance, Water, Wastewater) PCI (by mileage) 75.0 miles 86-100 71-85 25.60 22.90 51-70 36-50 2021 est. network PCI = 75 2020 network PCI = 76 13.80 0-35 Miles Category 75.0 — City rated 2.5 — City unrated 6.7 — MnDOT 6.1— McLeod Co. 90.3 -Total miles Q Q 5.90 6.80 Z_ Cf Q Q � a Excellent Good Adequate Marginal Poor Since 1996, the City has used a pavement management system to help manage its significant investment in pavements, worth well over $200 million replacement cost (+/- $15,000 per capita). Pavement condition index (PCI) is determined by periodically conducting physical surveys of each pavement section, usually every three years (next survey 2023). Surveyors catalog pavement distresses and assign deduction values. PCI is based on a 100-point scale (100 = no distress; 0 = fully deteriorated street). Further categories are: Excellent, Good, Adequate, Marginal and Poor. The City's goal is to maintain network PCI at 65-75. The current estimated network PCI = 75. In 2020, the last survey, network PCI was 76, the same as it was in 2017. Between physical surveys, pavement sections are assigned predetermined deterioration curves to calculate estimated PCI. Using average costs for various maintenance options, a budget is calculated. The budget considers increasing PCI by 10%, decreasing PCI by 10% or keeping PCI scores the same. Projects identified in all three scenarios represent high value projects, so they typically end up in the Capital Improvement Plan (CIP). Other considerations also affect project selection, such as traffic safety, condition of related infrastructure, provision for pedestrian and bicycle facilities, etc. The system continues to indicate a need for more overlay projects. This is likely because the City had done seal coating projects every other year for many years, so many of those streets now have PCI's that are too low to perform another seal coat project. Several small maintenance overlay projects have been done recently and larger overlay projects are included in the CIP. Utility Rates Public Works (Engineering, Operations & Maintenance, Water, Wastewater) r' Data is from AE2S Annual Utility Rate Surveys, conducted for more than 20 years. These surveys consist of a number of utilities located in the upper Midwest who voluntarily provide information to AE2S. Utility Rate Comparison 140.00 120.00 100.00 80.00------------ ..*' ##••• 60.00 40.00 20.00 0.00 c W M +' O m fa -O in in C c in c O :— oa N '.- a1 -O O = C ] a1 •� 7 4; :� 4; — O •.� — O oa :O c a) c fa Y fa fa — ro v s O Ul N c �[a1 EL fU N L [Q ` pLL UX OU a� op LLco z Uao n as °CLL o v= 3 a, t o a, Lo W Source: AE2S 2022 Annual Utility Rate Survey Hutchinson's total utility rates are average (-0.1%), when compared to other outstate Minnesota cities included in the survey. Total utility rates are substantially lower (-28.0%) than average rates of the top five cities surveyed. From 2007-2008, when treatment plants were upgraded, to 2012, when the local option sales tax began, Hutchinson's rates were among the highest in outstate Minnesota. Debt service for treatment plant improvements, combined with lower revenues following the 2008 recession, had resulted in high rates. In 2012, voters approved a local option sales tax, which ends in 2026. In 2022, actual sales tax receipts were just over $1.87 million. This revenue helps to pay off debt. The sales tax, along with stabilizing revenues over the years, has made it possible to keep rates stable since 2011. Work on a rate study recently concluded. Changes to water and wastewater rates will begin in 2023. The rate study sought to create a fair rate system to better distribute fixed and variable costs, account for future needs at the plants, recognize debt service needs and address regulatory issues. Utility Rates Public Works (Engineering, Operations & Maintenance, Water, Wastewater) 90.00 80.00 70.00 60.00 50.00 40.00 30.00 20.00 10.00 0.00 Water Rate Comparison O O1 O 00 O C p ] N -O C N C (0 v '� C f0 -O N 00 E Y_ N N C t Q1 U O Y U E 7 J J N C J LL `O LL LL O L ++ . Z 01 Q C (0 OC to L 'C U m L 3 (0 -O C o o W 3 o LL m o v -o m `D = Z c >_ O `W° Q m O U Ln � O a = Q a� `� 3 � N to L OC W H Source: AE2S 2021 Annual Utility Rate Survey Hutchinson's water rates are slightly below average (-2.0%), when compared to other outstate Minnesota cities included in the survey. Water rates are substantially lower (-45.7%) than average rates of the top five cities surveyed. The recently completed rate study included changes to the City's current water rate structure that will begin in 2023. The proposed water rate structure includes a conservation rate structure, required by the State. The new rate structure segregates base charges for single-family residential (1.0 REU), multi -family residential (0.65 REU) and commercial/industrial water use (based on meter size). Residential increasing block rates are based on 6,000 gallons/month. Commercial/industrial water rates are uniform. The new rate structure was designed to more fairly distribute fixed and variable costs of operating the water supply system. A separate classification for irrigation water is included in the new water rate structure. Customers will need to purchase irrigation deduct meters to avoid being charged for wastewater, be charged a seasonal fee and pay the highest residential block rate for irrigation water. Utility Rates Public Works 80.00 70.00 60.00 (Engineering, Operations & Maintenance, Water, Wastewater) Wastewater Rate Comparison 50.00 40.00— — — — — — — — — — — — — 30.00 20.00' 10.00 0.00 C N C m 0 -O 3m E1 E -O O C C C� N m= a�+ N m Y UUCO vLL LL =LL E N J cu E O GD LL Jm 0 arL -0 0 o�y N L-�L7u co3 CU Z van oa ° 322 OLL � a _0f0 LL o W Source: AE2S 2022 Annual Utility Rate Survey Hutchinson's wastewater rates are slightly above average (+4.1%), when compared to other outstate Minnesota cities included in the survey. Rates are substantially lower (-29.0%) than average rates of the top five cities surveyed. The recently completed rate study includes changes to the City's current wastewater rate structure that begin in 2023. The new rate structure segregates base charges for single-family residential (1.0 REU), multi -family residential (0.65 REU) and commercial/industrial wastewater (based on meter size). The new rate structure was designed to fairly distribute fixed and variable costs of operating the wastewater treatment system. Use rates will be the same for all customers. Proposed wastewater rates will no longer be calculated using the average of January and February water use. Rates will instead be applied to actual water use throughout the year. No wastewater rates will be applied for irrigation deduct meters. There are significant capital needs at the wastewater treatment facility. Much of the facility is over 30 years old. This aging infrastructure requires ongoing capital investments and upgrades to maintain the capability for treating wastewater. Public Works staff also continues to work with consultants and the MnPCA to consider how changes in permit requirements will affect future operating costs, infrastructure costs and/or required plant improvements. Utility Rates Public Works (Engineering, Operations & Maintenance, Water, Wastewater) 12.00 10.00 8.00 6.00 4.00 2.00 . Storm Water Rate Comparison zl_fflws.�—�� — - f6 p0p Q) N m N > C N O O m -p N c: Y L2 c: N f0 a_.+ -12 '' U = a+ r u x > E ro O E c c ` O c U ro �—` ro Q Q m LL O = Y Z:i._ m N N ca X L N Q =+ L a+ n 7 cc O Q L O Q = — Q i i LL U L F Source: AE2S 2022 Annual Utility Rate Study Hutchinson's storm water rates are well below average (-14.9%), when compared to other outstate Minnesota cities included in the survey. Rates are substantially lower (-53.6%) than average rates of the top five cities surveyed. Over the last few years, the focus has been on the area around the Recreation Center/Civic Arena. In this phased project, the pond at Linden Park was constructed, storm water infrastructure was installed on the east side of the project area and streets were reconstructed on the east side. A project in 2022 addressed the project area west of the Recreation Center/Civic Arena. Finishing touches in 2023 will complete this multi -year project. Public Works staff has recommended adding $0.05/year for 2024-2028 to account for costs of the Residential Leaf Vacuum service. The additional charges will likely keep rates below average. There are significant capital needs for storm water infrastructure. Efforts in forthcoming years will focus on understanding the resiliency of local storm water systems in specific areas. Using information gathered, projects will be designed to better manage storm water in these areas. Public Works staff also continues to work with consultants and the MnPCA to consider how changes to future permit requirements will affect future operating and infrastructure costs. The majority of time was spent in Operations & Maintenance, followed by Wastewater, Engineering and Water. Division/Hours: 2022 2021 2020 2019 2018 Change Engineering Operations & Maintenance Water Wastewater Total Hours Full-time Equivalent (FTE) Change in Hours Percent Change Waste 13,01� Water, 6,820 11% 10,770 10,559 11,903 11,104 10,871 211 29,195 30,249 30,325 30,049 28,153 (1,054) 6,820 6,332 6,936 6,595 6,776 488 13,019 13,082 14,311 13,088 13,450 (63) 59,803 60,222 63,475 60,836 59,250 (419) 28.75 28.95 30.52 29.25 28.49 (419) (3,253) 2,639 1,586 -0.7% -5.1% 4.3% 2.7% Public Works Total Hours Operations & Maintenance, 29,195 , 49% Pay Category 2022 2021 2020 2019 2018 Change Treatment plants $ 503,001 $ 454,880 $ 481,100 $ 465,993 $ 446,160 $ 48,121 Compensated absences 315,920 288,242 348,233 244,259 254,067 $ 27,678 Engineering 304,590 331,236 257,450 319,924 240,057 $ (26,647) Admin & Training 187,570 168,201 178,266 109,900 179,768 $ 19,369 Forestry 117,351 99,665 93,160 67,752 66,340 $ 17,687 Vehicle/Equip maint 115,803 115,762 100,682 91,250 87,681 $ 41 Dist/Coll systems 98,164 119,776 162,595 99,049 144,815 $ (21,612) Snow removal 75,528 51,531 54,200 102,940 64,018 $ 23,997 Cemetery 72,657 62,708 60,513 43,543 44,043 $ 9,949 Roadway maint 68,972 97,756 101,956 117,380 72,877 $ (28,784) Facility maint (HATS, AIRP) 65,478 60,975 55,115 64,064 47,898 $ 4,503 Street cleaning 33,357 31,329 20,310 22,703 21,404 $ 2,028 Traffic control & safety 19,625 16,545 14,891 26,024 21,033 $ 3,080 Gen'I services 6,485 7,202 6,776 8,045 30,413 $ (716) Fire Dept 4,579 - - 14,054 - $ 4,579 PRCE Dept 791 - - 14,054 - $ 791 $ 1,989,872 $ 1,905,807 $ 1,935,247 $ 1,810,934 $ 1,720,574 $ 84,065 $$ increase %% increase Street cleaning,... Facility maint (HATS, AIRP), 65,478, 3% 84,065 (29,440) 124,313 4.4% -1.5% 6.9% 90,360 5.3 % Traffic control & safety, Gen'I services, Fire Dept, 19,625, 1°,6 � 6,485,0% 4,579 , 0°,6 _ 1 �_.,_ PRCE Dept, 791, 0% Roadwaymaint -/ 72,657 , 4% Snow removal,... Dist/Coll systems,, 98,164, 5% WIcEquip maint,`�\` • 03 , 6% Compensated absences, ' 315,920, 16% Engineering, Admin & Training, 304,590, 187,570 , 9% 15°6 L'I Public Works Pay by Category Treatment plants: Operations & maintenance at water, wastewater treatment plants. Compensated absences: Compensated absences (vacation, holiday, sick leave, jury, etc.) Engineering: Project planning, admin, design and construction management, inspections, assessments and development support. Admin & Training: Administrative support, meetings, and employee training. Forestry: Management of the urban forest; planting, pruning and tree removal. Vehicle/Equip maint: Acquisition, disposal, service & repair to ensure serviceable vehicles and equipment. Dist/Coll systems: Operation, maintenance & repair of water distribution system, sanitary sewer and storm sewer collection systems. Snow removal: Activities related to snowplowing, snow removal & ice control. Cemetery: Operations & maintenance relating to funerals and funeral services. Roadway maintenance: Maint. of bituminous, concrete, gravel surfaces and rights -of -way. Facility maint (HATS, AIRP): Facility operations & maint, including janitorial, grounds maintenance, security and mechanical systems. Street cleaning: Spring sweeping, general sweeping, leaf vacuum service, litter pickup. Traffic control & safety: Operations & maintenance related to traffic control & safety. Gen'I services: Direct customer service and code enforcement. Overtime is paid when employees work more than 40 hours in a week. Premium time is pay at overtime rates from actual start time to the beginning of the regular shift start time. Premium time is earned when employees are called in to work without notice. Most overtime and premium time is paid for treatment plant operations and for snow/ice operations. Overtime Premium* Total Work 117.25 172.25 289.50 Treatment plants 58.25 184.25 242.50 Snow/Ice 25.00 5.50 30.50 Forestry 5.00 6.00 11.00 Traffic 10.50 - 10.50 Vehicles/equipment 10.25 - 10.25 Street cleaning 1.00 6.50 7.50 Distribution/collection 4.00 2.00 6.00 Cemetery - 2.00 2.00 Facilities 1.50 - 1.50 Engineering 232.75 378.50 611.25 Total hours 10,563.10 18,899.17 29,462.27 Total pay - (12,599.45) (12,599.45) Less regular pay* 232.8 126.2 358.9 Hrs at OT rates 10,563.10 6,299.72 16,862.82 Pay at OT rates 0.8% % of pay at OT rates: *Premium reduced to adjust for pay at OT rates. Street cleaning, Distribution/collection, Cemetery, 6.00, 1% 10.25 , 2% 7.50 , 1% Facilities, 2.00 , 0% Engineering, 1.50 , 0% Vehicles/equipment... Traff11.00 , All 1.00 , 2% Forestry, _ 30.50 , 5% ts, Public Works Overtime - Premium Public Works Department 5-yr ending 5-year Average Pay 2022 Treatment plants 470,227 25.1% Compensated absences 290,144 15.5% Engineering 290,651 15.5% Admin & Training 164,741 8.8% Forestry 88,854 4.7% Vehicle/Equip maint 102,236 5.5% Dist/Coll systems 124,880 6.7% Snow removal 69,643 3.7% Cemetery 56,693 3.0% Roadway maint 91,788 4.9% Facility maint (HATS, AIRP) 58,706 3.1% Street cleaning 25,821 1.4% Traffic control & safety 19,624 1.0% Gen'I services 11,784 0.6% Fire Dept 3,727 0.2% PRCE Dept 2,969 1,872,487 100.0% Street cleaning, 25,821, Facility maint 1% (HATS, AIRP), 58,706 , 3% Roadway ma i nt, 91J88, 5% - --_ Cemetery, 56,693 , 3% Snow reromm!,- 69,643 , 4% Dist/Coll systems, .. 124,880, 7% Vehicle/Equip maint, 102,236, 5% Forestry, 88,854, 5% Traffic control & safety, 19,624, 1% Gen'I services, 11,784, 1% Fire Dept, 3,727, 0% Treatment plants, 470,227, 25% Compensated absences, 290,144, 15% Public Works 5-year Average Pay cR HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Approve/Deny Request Related to Deferred Assessments on the Property Agenda Item: Located at 845 Highway 7 West Department: Administration LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff M New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Please see the attached letter of request by the property owner along with the staff memo on this agenda item BOARD ACTION REQUESTED: Approve/Deny Request Related to Deferred Assessments on the Property Located at 845 Highway 7 West Fiscal Impact: Funding Source: FTE Impact: Budget Change: No 0 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 u HUTCHINSON A CITY ON PURPOSE. Memo Office of the City Administrator 111 Hassan Street SE Hutchinson, MN 55350-2522 320-234-4241/Fax 320-234-4240 To: Mayor Forcier and City Council Members From: Matt Jaunich, City Administrator Date: 3/23/23 Re: Request to Waive Interest on Deferred Assessments at 845 Highway 7 West On March 21, 2023, Michael Hentges, Owner of the property at 845 Highway 7 West, sent the City Council an official request to waive all interest on a deferred assessment upon their property (copy of letter is attached). This occurred following staffs denial of his request to waive the interest fees on deferred assessment. Please note that staff does not have the authority to waive such fees. The assessment total as it stands today is $68,761.87 (breakdown of costs is attached). This is a deferred assessment from a project that was done in 2004 on Texas Avenue. The deferral was in place until the land was either developed or sold. In August of 2018, the property was sold and the deferred assessment became activated. At the moment the assessments became activated, the property owners submitted letters stating that the intended use of the property will continue to be commercial use and they requested continued deferral of the assessment relative to residential development along Texas Avenue until rezoning and residential development occurred. At that time, the owners also agreed that there will be no accessing the property off of Texas Avenue and appropriate barriers/fencing would be installed to prohibit that. In December of 2018, the City Council agreed to continue with the deferred assessment (Resolution 14978) until rezoning and residential development occurs along Texas Avenue. (See attached Board Action Form and Resolution from December of 2018) You will note in the letter provided to Council that the current owner has run into a potential issue in trying to sell the property with this deferral and is asking for the Councils consideration in waiving the interest fees on the deferred assessment. In exchange for waiving those interest fees, the owner would pay off the principal balance ($36,931.05). Here are a couple of things to think about in considering this request: • The deferred assessment is in place due to an agreement the City entered into with the owner of the property back in 2004 and once again in 2018. There was nothing in those agreements that talked about waiving interest fees. • Approving it would set a precedent, especially if we waived all of the interest. We get requests all of the time to waive city assessments/fees. Currently there are 76 deferred assessments with a principle balance of over $963,000. We would need to be mindful of what a decision like this would/could have an impact on those future assessments. • The City's policy for deferred assessments on undeveloped property (special assessment policy attached — page 19) does not offer any language to waive deferrals, but does give the council flexibility when it comes to adjusting accrued interest on assessments. • To staff's knowledge, the City has never waived deferred assessments or interest fees for a property that was undeveloped and had requested a deferral. We have made adjustments to properties that are in tax forfeiture and have done so according to our special assessment policy (attached — page 18). • I do believe there is a valid point in the amount of accrued interest that is incurring on the deferred assessment and that is likely a policy issue for the Council to considered. If you were to make adjustments with this deferred assessment, you would have to be mindful of how this would impact all other and future deferred assessments. Noting that there may be a desire to work with the owner, especially since they are not asking for forgiveness of their principle amount, here are some scenarios that could be considered: 1. Scenario 1 (request from owner) would have the Owner simply pay the principal amount of the original assessment from 2004 that was deferred. That amount would be $36,931.05 and would save the Owner $31,398.73. The assessment would be due at closing. Staff would have concerns with this scenario since this property would have received a "better deal" then those that were also originally assessed for this project back in the 2004 who were assumed to have paid both principal and interest for their improvement. 2. Scenario 2 (attached) would have the Owner pay the principal and interest amount of the original assessment from 2004 that was deferred (10-year deferral). The interest after the original assessment term ended would be waived. That amount would be $54,502.82 and would save the Owner $14,259.05. The assessment would be due at closing. With this scenario, the City will get paid out for what they would have received had the original assessment gone to its full term and payments were made according to that term. 3. Scenario 3 (attached) would have the Owner pay the principal and interest amount of the original assessment from 2004 that was deferred. The interest after the original assessment term ended would be at 1% (instead of 4.68%). That amount would be $57,549.63 and would save the Developer $11,212.24. The assessment would be due at closing. With this scenario, the City will get paid out for what they would have received had the original assessment gone to its full term and payments were made according to that term. Along with that, we would receive additional monies (interest) for the years we had to manage this without receiving the payment and having that money available to us for use wherever. This is something we have considered as a policy change to our Special Assessment Policy, but hasn't been implemented or discussed yet by the City Council. Staff will be seeking direction from the City Council on Tuesday on how to respond to the Owner and the Owner may be attending the meeting. If you are in need of any additional information prior to Tuesday, please don't hesitate to ask. Matt 2 March 21, 2023 Hutchinson City Council 111 Hassan Street SE Hutchinson, MN 55350 Dear Council Members; As the fee owners of the property located at 845 Hwy 7 W Hutchinson, we are formally requesting a waiver of all interest charges accrued related to the deferred assessment placed on this property in approximately 2005. The current Contract for Deed holders (Escapade Campers) are in the process of selling the property and have a signed purchase agreement with a scheduled closing date of April 3, 2023. The new buyer is concerned that the deferred assessment negatively affects the property value and as a condition to continue with the closing is requiring that all deferred assessments be paid in full at the time of closing. All parties have been in contact with the City and based on our conversations with Dan Jochum, Planning Director for the City of Hutchinson, it is our understanding that the deferral of this assessment will continue indefinitely as long as the zoning for this property does not change. We are proposing that in exchange for a waiver of the accrued interest, the entire balance of the original assessment amount of $36,931.05 would be paid in full by April 3rd, 2023. By accepting this proposal, the City can achieve the following: 1. Collection of funds that may or may not ever be paid in the future. 2. Re-imbursement of the original balance of the assessment (dollars that have already been spent), on or before April 3, 2023. 3. Assessment would be paid in full by April 3, 2023 rather than the typical 10 year repayment term. 4. Potential new tax revenue from the new buyer (depending on their use) 5. Forego future issues if this deferral continues to grow. (at some point the deferred assessment could be more than the value of the property) We feel that this is a fair proposal for all parties and appreciate your consideration and prompt decision in this matter. Sincerely, Michael Hentges Secretary/Treasurer Big Boat Holdings, LLC HUTCHINSON CITY COUNCIL C Request for Board Action fi Agenda Item: Activation of Deferred Assessments Department: PW/Eng LICENSE SECTION Meeting Date: 12/11/2018 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The original assessment was deferred due to potential development of the back half of the property abutting Texas Ave NW as three residential lots and the terms of the deferral were "Until Sold or Developed". The property was sold in August 2018 which prompted the City to activate the assessment on October 9, 2018 by Resolution No. 14958. The property owners have submitted letters stating that the intended use of the property will continue to be commercial use and they are requesting continued deferral of the assessment relative to residential development along Texas Avenue until rezoning and residential development occurs. Owners agree that there will be no accessing the property off of Texas Avenue and appropriate barriers/fencing will be installed to prohibit this. City staff, having met with the owner(s) requests that the City Council approve Resolution No. 14978 for deferral of these assessments. BOARD ACTION REQUESTED: Approval of Resolution Deferring Assessment. Fiscal Impact: 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: RESOLUTION NO. 14978 RESOLUTION DEFERRED ASSESSMENT ASSESSMENT ROLLS SA5067 WHEREAS, the following properties have assessments in deferred status: Interest Original SA Roll City PID County PID Rate Assess. SA5067 36-117-30-10-0010 23.036.2000 4.68% $36,931.05 AND WHEREAS, the original assessment was deferred due to potential development of the back half of the property abutting Texas Ave NW as three residential lots. AND WHEREAS, the original terms of the deferral were "Until Sold or Developed". AND WHEREAS, due to the sale of the property in August 2018, the deferral expired and the City activated the Assessment on October 9, 2018 by Resolution No. 14958. AND WHEREAS, the property owners have submitted letters stating that the intended use of the property will continue to be commercial use and they are requesting continued deferral of the assessment relative to residential development along Texas Avenue until rezoning and residential development occurs. AND WHEREAS, the property owners are aware that there will be no accessing the property off of Texas Avenue and appropriate barriers/fencing will be installed to prohibit this. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Resolution No. 14958 is hereby rescinded 2. Such assessment shall remain in a deferred status until rezoning and residential development occurs along Texas Avenue. 3. The property owner shall not access the property off of Texas Avenue and appropriate barriers/fencing will be installed to prohibit this. Adopted by the Council this 11th day of December 2018. Mayor, Gary Forcier City Administrator, Matthew Jaunich 11/29/2018 Kent Exner P.E Director of Public Works City center 111 Hassan St. S.E. Hutchinson MN 55350 RE: Assessment SA-5067A on 845 Hwy 7 West, Hutchinson MN, City PID# 36-117-30-10-0010 Dear Mr. Exner, This property is being purchased on contract for deed (Due 8-01-2020) as commercial property and is intended to be used as such by Big Boat Holdings LLC. We intend to add another commercial building to the site in the near future. Also, with this intended commercial use, we will not be accessing the property off of Texas Avenue and appropriate barriers/fencing will be installed to prohibit this. As discussed with Curtis Erickson at a meeting on 11/28/2018, we request continued deferral of any assessment relative to residential development along Texas Avenue until rezoning and residential development occurs. Regards,= % Curtis Erickson 530 Garrison Ave NE Buffalo MN 55313 763-229-6331 11/29/2018 Kent Exner P.E Director of Public Works City center 111 Hassan St. S.E. Hutchinson MN 55350 RE. Assessment SA-5067A on 845 Hwy 7 West, Hutchinson MN, City PID# 36-117-30-10-0010 Dear Mr. Exner, This property is being purchased on contract for deed (Due 8-01-2020) as commercial property and is intended to be used as such by Big Boat Holdings LLC. We intend to add another commercial building to the site in the near future. Also, with this intended commercial use, we will not be accessing the property off of Texas Avenue and appropriate barriers/fencing will be installed to prohibit this. As discussed with Curtis Erickson at a meeting on 11/28/2018, we request continued deferral of any assessment relative to residential development along Texas Avenue until rezoning and residential development occurs. Regards, Mike Jeseritz Big Boat Holdings LLC P.O. Box 272 Litchfield MN 55355 PRINCIPAL & INTEREST STATEMENT ON DEFERRED ASSESSMENT CITY OF HUTCHINSON, 111 HASSAN STREET BE, HUTCHINSSON, MN 55350 32Q2344229 CITY PROPERTY ID NUMBER: 36-117-30-10-0010 COUNTY ID NUMBER: 23.036.2000 PROPERTY ADDRESS 845 Hwy 7W PROPERTY DESCRIPTION: TOTAL PRINCIPAL & INTEREST ON DEFERRED ASSESSMENTS COMPUTED THRU: 9/30/2022 DATE COMPUTED: 09/09I2022 A� MENT ROLL YEAR FIRST ASSESSED PRO.ECT YEAR DEFERRED PRINCIPAL INTEREST RATE TERM (NOFYEARS) ANNUAL INTEREST COST FIRST YEAR INTEREST NUMBERCF MONTHS FIRST YEARS INTEREST ADDITIONAL YEARS TO TERM ADDITIONAL TERM INTEREST NUMBEROF YEARSAT 5Y INTEREST TOTAL INTEREST AT 5Y TOTAL INTEREST TOTAL PRINCIPAL &INTEREST ENGINEERING NEWS RECORD COST INDEX AMOUNT DUE 13173A3 b!ujl TOTALS 36,931.05 1,728.37 2,016.44 15,555.36 13,394.89 30,966.69 68,378.65 67,897.74 THE AMOUNT DUE IS DETERMINED BY THE AMOUNT OF PRINCIPAL PLUS INTEREST OVER THE DEFERRAL PERIOD. IF THE DEFERRED ASSESSMENT IS MORE THAN 10 YEARS OLD, THE INTEREST IS FIGURED ON THE INTEREST RATE SET FOR THE ASSESSMENT ROLL FOR THE FIRST 10 YEARS AND THEN IT IS DROPPED TO 5 FOR THE REMAINDER OF THE DEFERRAL PERIOD (NOTE: IF THE ORIDWAL WTEREST RATE IS LESS THAN -,THE LOWER RATE WILL BE USED FOR THE ENTIRE DEFERRAL PERIOD). IN ADDITION, IF THE ASSESSMENT IS OLDER THAN 10 YEARS, THE ENGINEERING NEWS RECORD COST INDEX I NBC), WHICH IS A RATE TO DETERMINE PRESENT DAV COST OF PROJECTS OF THIS TYPE, WILL BE CALCULATED. THE AMOUNT DUE WILL BE THE LESSER OF THE INTEREST CALCULATION OR THE ENRCI CALCULATION. THE ENRCI RATES ARE UPDATED MONTHLY, THEREFORE, IF YOUR CLOSING DATE IS AFTER THE COMPUTED THRU DATE SHOWN ABOVE, YOU MUST CALL AT LEAST U HOURS BEFORE YOUR CLOSING DATE TO OBTAIN UPDATED CALCULATIONS. THE ENRCI RATES ARE UPDATED THE FIRST WEEK OF EACH MONTH. PRINCIPAL & INTEREST STATEMENT ON DEFERRED ASSESSMENT CITY OF HUTCHINSON, 111 HASSAN STREET SE, HUTCHINSON, MN 55350 CITY PROPERTY ID NUMBER: 36-117-30-10-0010 COUNTY ID NUMBER: 23.036.2000 PROPERTY ADDRESS: 845 Hwy 7 W Beginning 4.68% Ending # Year Balance Principal Interest Total P&I Balance 2004 36,931.05 1 2005 36,931.05 - 2,016.44 2,016.44 36,931.05 2 2006 36,931.05 - 1,728.37 1,728.37 36,931.05 3 2007 36,931.05 - 1,728.37 1,728.37 36,931.05 4 2008 36,931.05 - 1,728.37 1,728.37 36,931.05 5 2009 36,931.05 - 1,728.37 1,728.37 36,931.05 6 2010 36,931.05 - 1,728.37 1,728.37 36,931.05 7 2011 36,931.05 - 1,728.37 1,728.37 36,931.05 8 2012 36,931.05 - 1,728.37 1,728.37 36,931.05 9 2013 36,931.05 - 1,728.37 1,728.37 36,931.05 10 2014 36,931.05 - 1,728.37 1,728.37 36,931.05 11 2015 36,931.05 - 1,728.37 1,728.37 36,931.05 12 2016 36,931.05 - 1,728.37 1,728.37 36,931.05 13 2017 36,931.05 - 1,728.37 1,728.37 36,931.05 14 2018 36,931.05 - 1,728.37 1,728.37 36,931.05 15 2019 36,931.05 - 1,728.37 1,728.37 36,931.05 16 2020 36,931.05 - 1,728.37 1,728.37 36,931.05 17 2021 36,931.05 - 1,728.37 1,728.37 36,931.05 18 2022 36,931.05 - 1,728.37 1,728.37 36,931.05 Totals 36,931.05 - 31,398.73 31,398.73 36,931.05 Original 10 year Deferral 2004-2014 17,571.77 Remaining Deferral thru 12/31/2022 13,826.96 2023 Interest 1/1/2023 - 3/31/2023 432.09 Total Interest as of 3/31/2023 31,830.82 Principal Balance 36,931.05 Total Payoff as of 3/31/2023 68,761.87 Daily Interest for April close 57.61 - add to Total Payoff above PRINCIPAL & INTEREST STATEMENT ON DEFERRED ASSESSMENT CITY OF HUTCHINSON, 111 HASSAN STREET SE, HUTCHINSON, MN 55350 CITY PROPERTY ID NUMBER: 36-117-30-10-0010 COUNTY ID NUMBER: 23.036.2000 PROPERTY ADDRESS: 845 Hwy 7 W Beginning 4.68% Ending # Year Balance Principal Interest Total P&I Balance 2004 36,931.05 1 2005 36,931.05 - 2,016.44 2,016.44 36,931.05 2 2006 36,931.05 - 1,728.37 1,728.37 36,931.05 3 2007 36,931.05 - 1,728.37 1,728.37 36,931.05 4 2008 36,931.05 - 1,728.37 1,728.37 36,931.05 5 2009 36,931.05 - 1,728.37 1,728.37 36,931.05 6 2010 36,931.05 - 1,728.37 1,728.37 36,931.05 7 2011 36,931.05 - 1,728.37 1,728.37 36,931.05 8 2012 36,931.05 - 1,728.37 1,728.37 36,931.05 9 2013 36,931.05 - 1,728.37 1,728.37 36,931.05 10 2014 36,931.05 - 1,728.37 1,728.37 36,931.05 11 2015 36,931.05 - 369.31 369.31 36,931.05 12 2016 36,931.05 - 369.31 369.31 36,931.05 13 2017 36,931.05 - 369.31 369.31 36,931.05 14 2018 36,931.05 - 369.31 369.31 36,931.05 15 2019 36,931.05 - 369.31 369.31 36,931.05 16 2020 36,931.05 - 369.31 369.31 36,931.05 17 2021 36,931.05 - 369.31 369.31 36,931.05 18 2022 36,931.05 - 369.31 369.31 36,931.05 Totals 36,931.05 - 20,526.25 20,526.25 36,931.05 Original 10 year Deferral 2004-2014 Remaining Deferral thru 12/31/2022 2023 Interest 1/1/2023 - 3/31/2023 Total Interest as of 3/31/2023 Principal Balance Total Payoff as of 3/31/2023 Daily Interest for April close 17,571.77 2,954.48 9? 33 20,618.58 36,931.05 57,549.63 12.31 - add to Total Payoff above Interest difference from Original calc: (11,212.24) City of Hutchinson C Special Assessment Policy April 8, 2008 Introduction Special assessments are levies against properties used to finance public improvements. Minnesota Statutes §429 (Statute) grants cities the authority to use special assessments as a mechanism to finance a broad range of public improvements. The primary purpose of special assessments is to apportion improvement project costs to properties that benefit from the improvements. Apportioning costs of public improvements to benefiting properties reduces reliance on general property taxes to fund public improvements. In accordance with Statute provisions, special assessments are limited to the amount that properties benefit from the improvement. This policy describes the procedures used by the City of Hutchinson (City) to determine benefit and apportion special assessments equitably to benefiting properties. Public improvements may be constructed without using special assessments, but because the City has limited options for funding improvements, it is generally not economically feasible under current law to avoid use of special assessments. General Policy Intent The purpose of this policy is to establish an equitable manner of recovering and distributing the cost of public improvements. Procedures used by the City for levying special assessments are in accordance with the Statute, which states that "all or part of the cost of improvements may be assessed against benefiting properties." It is the City's intent to establish basic procedures to follow when establishing special assessments. This policy is based on the Statute and the description of the Statute found in the "Special Assessment Guide" (Guide), version 515ala.3- January 2008, produced by the League of Minnesota Cities (LMC). 2 Disclaimer The City maintains the right to vary from this policy without notice at any time and for any reason determined to be in the best interest of the City or of principles set forth in the Statute and the Guide: ■ The Statute does not specify any method or formula to be used in making the special assessment. The City retains the right to use a variety of methods for calculating special assessments so they are as equitable as is practicable. ■ Any formula or method used for calculating special assessments must operate so assessments on all properties are proportional to the benefits they receive. Any formula or method used represents an attempt to measure and distribute benefits, the increase in market value, resulting from the public improvement. ■ The City Council has broad discretion in determining benefits. The City Council's findings will not be upset by Courts, except in cases where there is clear discrimination or inequalities. ■ This policy provides an outline of standard practices and procedures used by the City beyond those noted in the Statute. Initiating Public Improvements There are five ways public improvements may be initiated. Under all of these, the City Council reserves the right to reject improvements if it is determined they are not necessary, cost-effective or feasible. Also, in all cases, provisions of the Statute must be followed. The five ways projects are initiated include: Petition by 100% oLproperty owners, with a waiver of appeal of special assessments: This generally involves property owners that are developing previously undeveloped property for the first time. When 100% of property owners request the improvement, the City Council may order the improvement without a hearing. Under separate agreement, property owners will generally waive provisions of the Statute that provide for the property owner's right to appeal special assessments. In these cases, the property owners pay 100% of the cost of public improvements. Petition by 100% of property owners, without waiver of ppeal: This generally involves all property owners agreeing that a public improvement is necessary. When 100% of property owners request the improvement, the City Council may order the improvement without a hearing. Once validated by the City Council, the resolution may not be questioned, unless an action for that purpose is commenced within 30 days; however, the amount of the special assessments may still be questioned pursuant to the Statute. Petition by more than 35% oLproperU owners: This generally involves more than 35% of abutting property owners agreeing that a public improvement is necessary. Once the petition is validated, the City Council may not make substantial changes in the nature of the improvement from that asked for in the petition. The City Council may, however, deem substantial changes necessary or desirable, and may proceed on its own motion without reference to the petition. If no substantial changes are necessary or desirable, the City Council must declare the petition adequate under the Statute and order preparation of a report regarding the improvement project's necessity, cost-effectiveness, and feasibility. City Council Resolution: This generally involves initiation of a potential public improvement by resolution of the City Council. The City Council may order the preparation of a report of a public improvement's necessity, cost-effectiveness and feasibility. Such resolutions require a 4/5t' vote from the City Council, rather than a simple majority. City Council adoption of an asset management strategy The City Council may, by resolution, adopt an asset management strategy identifying several potential public improvements in one report. This method is considered, in essence, the same as having produced separate resolutions for each public improvement identified in the asset management strategy. Such resolutions require a 4/5t' vote from the City Council, rather than a simple majority. rd New Development Improvements The cost of infrastructure and public improvements for all new developments will be borne by the developer and/or property owner. Developers or property owners pay the entire cost of initially installing infrastructure and improvements in accordance with City standards, subject to review by the City Engineer. In cases where the City, at its discretion, provides financing for new development improvements, all development costs will be assessed to the property. Improvements to Existing Infrastructure The remainder of this policy, including provisions identifying any cost being generally paid by the City of Hutchinson, applies to local, area, and City-wide improvements, as defined below. Public Improvements For purposes of this policy, there are three general classifications of improvements. Local Improvements: Local improvements are generally the most common. These improvements primarily provide benefit to abutting properties. Area Improvements: Area improvements provide benefit to properties in a wider, yet definable, area. City-wide Improvements: City-wide improvements are typically large-scale improvements of benefit to the entire City, regardless of their location. Typical improvements are classified as: Local Improvements Area Im rovements City-wide Improvements Curb and gutter Trunk sanitary sewer (greater Bridges' than 8" diameter) Trunk water main (greater than Sidewalks 8" diameter) and looped water Community facilities' main Sanitary sewer laterals (8" or less Collector and Arterial streets Collector and Arterial streets' diameter) Sewer, storm sewer and water Neighborhood parks & Recreational facilities & services playgrounds' Community arks' Local streets and alleys Storm drainage improvements — Wastewater treatment facilititis` area Storm drainage improvements — Parking lots Water towersz local Boulevard trees, streetlights Sidewalks and boulevard trees Water treatment plant2 Other improvements authorized by law' 'Generally supported by Federal, State or County funds or funds other than special assessments GGenerally paid using user charges General provisions for improvements. All infrastructure improvements are required to be extended through developments up to adjoining properties in order to serve future developments. This includes, but is not limited to streets, waterworks, sanitary and storm sewer, appurtenances and restoration, including improvements deemed necessary or desirable. Cul-de-sacs and Dead-end roadways. In general, cul-de-sacs and dead-end roadways are discouraged due to maintenance, access, system continuity and other issues. The City recognizes that these roadways will continue to be built in special circumstances. The City reserves the right to require payment of fees identified in adopted rate schedules to account for future costs specific to this type of development. Removals or Abandonment of Improvements. Removals or abandonment of improvements generally includes destruction, removal or abandonment of any improvement and restoration of conditions at the site, whether surface or subsurface. Improvement Projects New construct 0 0 Re - construct Rehab I Repave Alleys Yes Yes Yes Yes Parking Lots Yes Yes Yes Yes Sidewalks/Trails/Walkways Yes May May May Street amenities/Streetsca es Yes Yes Yes n/a Street boulevard trees Yes May n/a n/a Streetlights Yes May n/a n/a Traffic control devices Yes May May n/a Dikes & flood control works May May n/a n/a Retaining and area walls May May n/a n/a Enhanced 911 markers May May n/a n/a Parks, rec. facilities May May n/a n/a Curb and gutter Yes Yes Yes n/a Driveways & approaches Yes Yes Yes n/a Street construction Yes Yes Yes Yes Street maintenance No No No No Safety improvements Yes May May n/a Turn lanes Yes May May May SAC / WAC; access charges Yes n/a n/a n/a Sewer or Water Trunk Lines Yes May No n/a Sewer or Water Main Yes May No n/a Sewer or Water Laterals Yes May No n/a Sewer or Water Services Yes Yes May n/a Storm Sewer Trunk Lines Yes May May n/a Storm Sewer Main Yes Yes May n/a Storm Sewer Laterals Yes Yes May n/a Storm Sewer Services Yes Yes Yes n/a Rights -of -way / Easements Yes Yes n/a n/a 6 Public improvements, identified in the Statute, include, but are not limited to: Alleys. Generally, all of the costs of new alleys are borne by property owners. One-half of the costs of constructing new pavement in an existing alley or repaving existing paved alleys will generally be assessed to property owners. The City, however, reserves the right to participate at any level in the construction or reconstruction of alleys or to assess costs using existing rate schedules. Parking lots. Generally, one-half of the costs of constructing new parking lots or repaving existing parking lots will be assessed to benefiting property owners. Typically, for city -owned parking lots, benefiting properties will be identified before the improvement project and the City will specify the area(s) to be assessed. Assessments will be determined using the weighted average of a property's valuation and its distance from the parking lot being improved. The City, however, reserves the right to participate at any level in the construction, reconstruction or rehabilitation of parking lots or assess costs using existing rate schedules. Sidewalks/trails/walkways. The costs of installing new sidewalks, trails and walkways, including, but not limited to, provision of links from new developments to the City's existing network, providing sidewalk on all major arterial and major collector routes, and in all commercial and high -density residential areas will generally be assessed to property owners. See Sidewalk/Trail/Walkway policy included herein. ■ Street amenities and streetscapes. The costs of installing new street amenities and streetscapes will generally be assessed to property owners. The City, however, reserves the right to participate at any level in the construction of new street amenities and streetscapes or to assess costs using existing rate schedules. Street boulevard trees. Street boulevard trees in new development areas are generally paid for with funds collected upon signing developers agreements. The cost of replacing, maintaining and caring for existing street boulevard trees is generally not assessed to property owners. The City, however, reserves the right to participate at any level in costs associated with street boulevard trees or to assess for costs allowable by the Statute or by using existing rate schedules. ■ Streetlights. The entire cost of installing new or decorative streetlights will generally be assessed to benefiting property owners. Generally, replacement of standard streetlights will not be assessed. The City, however, reserves the right to participate at any level in the construction or replacement of streetlights or to assess costs using existing rate schedules. 7 Traffic control devices, such as signs and signals, are generally included in the cost of street construction, reconstruction and rehabilitation, and are assessed accordingly. Traffic signals are generally assessed to adjacent properties based either on traffic generated from sites or to properties located on the legs of the intersection served by the traffic signal. ■ Dikes and flood control works. Costs for these facilities are generally not assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these facilities or to assess costs using existing rate schedules. ■ Retaining walls and area walls. Costs for these facilities are generally not assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these facilities or to assess costs using existing rate schedules. ■ Enhanced 911 markers. Costs for these facilities are generally not assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these facilities or to assess costs using existing rate schedules. ■ Parks, open spaces, playgrounds and recreational facilities. Costs for these facilities are generally not assessed. The City, however, reserves the right to participate at any level in the acquisition, construction or replacement of these facilities or to assess costs using existing rate schedules. Miscellaneous Public Improvements Pursuant to the Statute, the City intends to use special assessments, at their discretion, to finance all or portions of the cost of a wide variety of public improvements identified in the Statute. The City intends to maximize the benefit of funding from outside sources. Benefiting properties of projects funded in part or whole by outside sources will generally be assessed in a manner equitable to benefiting properties for projects that do not receive funding from outside sources. Funding from outside sources will generally be used to reduce City costs for public improvements and will generally not benefit properties directly, except when authorized by the City Council. Private Infrastructure In cases where approved developments were constructed with private roadways and infrastructure, the entire cost of maintaining and improving the private infrastructure will be the responsibility of the development. The City has the right to make necessary repairs to water, sewer, storm water, and other necessary utilities at the cost of the private development. The City intends to provide reasonable notice to private developments when repairs to the water, sewer, storm water, or other utility systems are necessary, however, the City retains the right to make necessary repairs or suspend service in the case of emergencies. Restoration costs for roadways and other infrastructure disturbed while making necessary repairs to utility systems are the responsibility of the development. Street Improvements Pursuant to the Statute, the City intends to use special assessments, at their discretion, to finance all or portions of the cost of street improvements identified in the Statute. In all cases, the City reserves the right to combine components of street improvements into one or more calculation, assess for the entire cost of projects, participate at any level in the costs of construction, or to assess costs using existing rate schedules. Components of street improvements include, but are not limited to: Curb and gutter. Costs for curb and gutter are generally included in general street construction assessment calculations. The City may assess for curb and gutter separately, if it is determined to be necessary or desirable. Driveways and approaches. Typically, 65% of the cost for driveway reconstruction will be assessed to properties. Generally these assessments will be determined on a per unit basis if all driveways are, for the most part, the same size. Use of area calculations may be used if there are significant variations in the size of driveways. The City may assess all costs for replacing driveways having defective construction at the time of the improvement. New construction of streets. Generally, the entire cost of newly constructed streets, including all related components, appurtenances and restoration, will be assessed to benefiting properties. ■ Reconstruction and partial reconstruction of streets. Generally, the cost of reconstructed or partially reconstructed streets, including all components, appurtenances and restoration, will be assessed to benefiting properties based on existing rate schedules. 6 ■ Rehabilitation of streets. Rehabilitation includes, but is not limited to reclamation, cold -in -place recycling, concrete pavement restoration, and mill and/or overlay. Generally, the cost of rehabilitation, including all components, appurtenances and restoration, will be assessed to benefiting properties based on existing rate schedules. ■ Maintenance of streets. Maintenance includes, but is not limited to seal coat, crack seal and patching. Maintenance of streets will not generally be assessed to abutting property owners. The City, however, reserves the right to assess for assess for street maintenance costs in accordance with the Statute. ■ Roadway safety improvements and Turn Lanes. Generally, the entire cost of roadway safety improvements attributable to identifiable properties, including all components appurtenances and restoration, will be assessed to benefiting properties. Sanitary Sewer & Waterworks Improvements Pursuant to the Statute, the City intends to use special assessments, at their discretion, to finance all or portions of the cost of sanitary sewer or waterworks improvements identified in the Statute. Generally, maintenance of sanitary sewer and waterworks are accounted for with utility funding. Significant improvements to the system, however, may require assessments to benefiting properties. In all cases, the City reserves the right to combine components of sanitary sewer and waterworks improvements into one or more calculation, assess for the entire cost of projects, participate at any level in the costs of improvements, or to assess costs using existing rate schedules. Components of sanitary sewer and waterworks improvements include, but are not limited to: Sanitary Sewer Access Charge (SAC). SAC charges identified on existing rate schedules are generally applied at the time building permits are applied for. The City, however, reserves the right to assess for SAC charges. Water Access Charge (WAC). WAC charges identified on existing rate schedules are generally applied at the time building permits are applied for. The City, however, reserves the right to assess for WAC charges. ■ Sanitary sewer and waterworks, including o Sanitary sewer or water trunk lines. The City generally pays the costs to over- size trunk lines (over 8" diameter for low to mid -density residential areas or over 10" diameter for commercial/industrial/high-density residential areas). Remaining costs are generally assessed to benefiting properties. Costs for replacement of trunk improvements are generally included in monthly utility fees and are paid by the City. The City, however, reserves the right to assess for construction or reconstruction of trunk lines. 10 o Sanitary sewer or water main. Costs for new standard size mains are generally assessed to benefiting properties. Costs for replacement of mains are generally included in monthly utility fees and are paid by the City. The City, however, reserves the right to assess for mains. o Sanitary sewer or water service laterals. Costs for new service laterals are generally assessed to benefiting properties. Costs generally include all related appurtenances and restoration, including any work done outside the right-of-way. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. Storm Sewer Improvements Pursuant to the Statute, the City intends to use financing from its Storm Water Utility, Drainage Districts, and special assessments to benefiting properties, at their discretion, to finance all or portions of the cost of storm sewer improvements identified in the Statute. Generally, maintenance of storm sewer works is accounted for with Storm Water Utility funding. Significant improvements to the system, however, may require assessments to benefiting properties. In all cases, the City reserves the right to combine components of storm sewer improvements into one or more calculation, assess for the entire cost of projects, participate at any level in the costs of improvements, or to assess costs using existing rate schedules. Components of storm sewer improvements include, but are not limited to: ■ Storm Sewer Access Charge. At this time, the City does not have storm sewer access charges. The City, however, reserves the right to establish these charges and charge these costs at the time building permits are applied for using existing rate schedules or to assess these costs. ■ Storm sewer works, including o Storm sewer trunk lines. Costs for construction of storm sewer trunk lines may be assessed to benefiting properties. Costs associated with regional ponds, trunk storm sewer outlets and lines, or other infrastructure constructed by the City to benefit the property being developed may also be assessed to benefiting properties. Assessments will generally be based upon utilization of those improvements and include all related components, appurtenances and restoration. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. o Storm sewer main. All costs for construction of storm sewer mains will generally be assessed to benefiting properties. Costs include all related components, appurtenances and restoration. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. 11 o Storm sewer service laterals. All costs for construction of storm sewer service laterals, including catch basins, storm sewer appurtenances, drainage tile, and sump pump connections, will generally be assessed to benefiting properties. Costs include all related components, appurtenances and restoration, including any work done outside the right-of-way. Assessments will generally be made on a per unit basis or be assessed using existing rate schedules. Rights -of -Way and Easements related to Construction Pursuant to the Statute, the City intends to use special assessments, at their discretion, to finance all or portions of the cost of the acquisition of rights -of -way and easements related to public improvements identified in the Statute. Property owners who dedicate appropriate right-of-way or easements may be exempt from these assessments. If specific right-of-way and/or easement on any specific parcel(s) is/are deemed necessary to the improvement, the costs of acquiring the right-of-way and/or easement, including the cost of dedication of right-of-way or easement by any specific property owner may be assessed as part of the project costs. Rights -of -way and easements related to construction include but are not limited to: ■ Rights -of -Way ■ Construction easements ■ Temporary easements ■ Permanent easements, including o Drainage and utility easements o Other permanent easements o Property acquisitions necessary to the improvement project Zoning Multiplier for Special Assessments The City may, at their discretion, use existing land uses and/or land -use zoning to determine appropriate special assessments. The City may apply a multiplier to existing rates for land uses and/or land -use zoning, other than single or two-family residential. In general, the City intends to use the following existing land use categories and/or land -use zoning to determine special assessments: ■ Single and Two -Family Residential ■ Commercial, Industrial, Institutional and/or Multi -Family Residential ■ Tax Exempt Properties ■ City -owned Properties 12 Deferment of Special Assessments Property owners may defer special assessments using provisions of the Statute and City Policy, including: Statutory deferments. Under separate policy, the City, at its discretion, will generally defer special assessments on homestead property for property owners meeting income guidelines who are either 65 years of age or older or are retired by virtue of a permanent, total disability. Special assessments will be levied, but payment of special assessments will generally be deferred until the death of the owner (if the spouse is not otherwise eligible), the sale, transfer or subdivision of the property, loss of homestead status of the property, or upon a determination by the City Council that immediate or partial payment of the special assessment would pose no hardship. ■ Unimproved and agricultural land. See attached policy. ■ Tax forfeited property. See attached policy. In all cases of deferment, interest builds on the principal amount. If the assessment is activated after a period of ten years, the principal plus interest is compared to the same principal amount adjusted by the cumulative Engineering News Record (ENR) Cost Index over the same period of time, or other selected index, and the lower of the two costs is selected for activation. Assessment Methods In order to implement special assessments, it must be determined that the property has received a benefit from the improvement, the assessment amount does not exceed the benefit received, and the assessment is uniform in relation to similar classes of property within the area assessed. The City intends to use special assessment rates, if applicable, or one of the other commonly used methods to determine costs to be specially assessed: Special Assessment Rates: The City Council may determine the value of various common components of public improvements and establish rates for special assessments. These rates shall be approved by resolution, be included in the City's rate schedule, and be reviewed and approved annually. The City reserves the right to assess using these rates, any other method described in this section, or combinations of them as may be necessary or desirable to meet the intent of the Statute. 13 Front Footage & Adjusted Front Footage: Generally a measurement of the feet of frontage a lot has along an improvement project. The City may utilize adjusted front footage for lots that have irregular shapes. Generally, adjusted front footage is calculated by using the average of the front and rear lot lines, or by using the area of a lot divided by the average area of single and two-family lots. At the City's discretion, corner lots will generally be assessed for the short side of the lot, plus any footage on the long side over 132' in length. This credit only applies to improvements constructed on more than one side of a corner lot within a reasonable time period. The City reserves the right to assess all costs to a corner lot if it is determined that the lot receives additional benefit from an improvement to more than one side of the lot. The City reserves the right to develop an equitable adjusted front footage due to the large variance in the shape of lots and other conditions that may affect measurement of front footage. Per Unit (or Per Loth Per unit or per lot assessments will apply equally to all parcels of land within an area. Under per unit/per lot assessments, parcels may be adjusted to residential lot equivalents by dividing the area of parcels by the average areas of single and two-family lots. Rates adjusted based on actual land use or land -use zoning may also apply. When lots in an affected area are generally of the same size and/or character, per unit/per lot assessments may be preferred. ■ Area: When it is determined to calculate special assessments using this method, the actual area of parcels lying within the project area shall be used. The City will generally deduct the area of various geographical features, including: public rights -of -way and designated natural waterways, lakes, rivers and wetlands. ■ Fixed Cost: Total project costs are divided by the total number of assessable units on a per lot or per unit basis, including assessable units based on the equivalent number of lots that could be created from any particular parcel. Miscellaneous Considerations Project Cost Determination. Total project costs are determined by adding the assessable costs and City costs. Assessable costs include that portion of public improvement costs that include engineering, constructing, restoring, financing and implementing the public improvement that are determined to be assessable by the City Council. City costs include that portion of public improvement costs that include engineering, constructing, restoring, financing and implementing the public improvement, other than those determined to be assessable by the City Council. Engineering, administration, financing and other project costs are assigned in accordance with the City's approved rate schedule. 14 Funding from sources outside the City. Use of Municipal State Aid funding and funding from other sources, including federal, state, local government or institutional grants will generally defray City costs and will not generally reduce the assessable cost, except in cases where the sum of funding sources exceeds the amount of City cost. Project Expenses. Improvement project expenses will generally be added to all construction costs to establish total project costs. Expenses generally include an applied standard rate identified in the City's rate schedule of construction costs for engineering, project administration, fiscal, legal, and other expenses. Additional expenses may be added, including land acquisition, landscaping and other costs directly relating to construction of the improvement. The City reserves the right to adjust the rate if conditions on improvement projects warrant variation from standard rates. Property Appraisals. Under special circumstances, the City may, at its discretion, call for property appraisals to determine appropriate special assessments. This method will generally not be used in the interest of timeliness and cost-effectiveness. This policy does not grant individual property owners the right to request property appraisals at the City's expense, nor does it guarantee that the City Council will use property appraisals in any circumstance to determine special assessments. Special Assessments on properties abutting roadways that are not owned by the City. To maximize funding from outside sources, properties abutting roadways and rights -of -way funded by sources other than the City will generally be assessed for any costs incurred to facilitate the improvement in a manner equitable to properties that would abut City - owned roadways and rights -of -way and/or for improvements not receiving funding from any outside source. Prepayment of Assessments. Property owners may prepay assessments, in accordance with the Statute. The City Council may, at its discretion, authorize partial prepayments of special assessments before assessments are certified to the County Auditor. Extensions of Assessments. While no extensions will generally be granted, the City may, at its discretion, may provide extensions of special assessments on a case -by -case basis. Calculation of Assessment Rolls. Generally, assessment rolls will generally run for 10 years with equal principal payments. For projects with assessments of less than $3,000 principal, the City reserves the right to shorten the payment period. Interest rates will generally be calculated at 1% over the true interest cost of the bond issued to finance the improvement, rounded up to the nearest hundredth of a percent. 15 Re -Assessment Recognizing that various public improvements are perceived to have various life expectancies, the City has, at its discretion, adopted limitations on special assessments for an individual property or groups of properties based on the length of time that has expired since the last time the individual property or groups of properties has been specially assessed for a similar project. In general, the City will use service life expectancies for public improvements unless they are otherwise stated in the resolution ordering the improvement and preparation of plans. For projects of a similar nature, special assessments may be adjusted by multiplying the assessable cost for a property by the period of time that has expired since the last special assessment was made, divided by the improvement project's expected service life. Service lives for common projects include: ■ Street construction and reconstruction: 20 years ■ Water mains, sanitary sewer, and storm sewer construction: 30 years ■ Sidewalks and street rehabilitation: 10 years Current Services Charges. Pursuant to the Statute and City Code, the City intends to use special assessments, at their discretion, to recover unpaid current services charges identified in the Statute, which include but are not limited to: ■ Sidewalk snow and ice removal charges ■ Weed elimination from streets and private property ■ Elimination of public health hazards from private property ■ Installation or repair of water service lines ■ Street sprinkling and dust treatment ■ Trimming and care of trees, and removal of unsound trees ■ Repair of sidewalks and alleys ■ Operation of streetlight systems ■ Operation and maintenance of fire protections systems ■ Abatement of nuisances ■ Removal of obstructions from sightlines at intersections ■ Sump pump recertification ■ Delinquent utility bills 16 Alternatives to Special Assessments Pursuant to the Statute, the City may initiate alternative methods of financing certain public improvements identified in the Statute, which may include: ■ Special Service Districts ■ Housing Improvement Areas ■ Storm Sewer Improvement Districts ■ Sidewalk Improvement Districts Summary The purpose of this Special Assessment Policy is to establish as fair and equitable manner of recovering and distributing the cost of public improvements as is practicable. Disclaimer The City maintains the right to vary from this policy without notice at any time and for any reason determined to be in the best interest of principals set forth in the Statute and the Guide 17 Special Assessments on Tax Delinquent/Tax Forfeited Property This policy is intended to address issues surrounding special assessments on property where taxes are currently delinquent or on property that has been forfeited for failure to pay taxes. This policy is intended to be a guide for the benefit of the City Council, who will decide all questions regarding special assessments on these properties on a case -by -case basis. The City Council retains the right to deviate from this policy where necessary or beneficial to the City. ■ The City has made significant improvements in the City and has assessed some or all of the costs of these improvements to benefiting properties. • In some cases, the specially assessed cost of these improvements has not been recovered because the property owner has failed to pay real estate tax obligations and interest has continued to accumulate on the delinquent balances owed for special assessments. ■ While it would be in the public interest to promote the return of tax delinquent and tax forfeited property to the tax rolls, any such return must be weighed against the cost of the improvements. ■ The City Council has determined that a written policy would be helpful for guidance in reaching appropriate decisions on a case -by -case basis. The City Council will decide whether delinquent assessments are reinstated, reduced, or in some manner adjusted to facilitate the return of the property to the tax rolls. Based on the findings above, the City Council adopts the following policy related to special assessments on tax delinquent and tax forfeited property. ■ Special assessments on a tax delinquent or tax forfeited property will be reinstated when transactions occur related to the tax delinquent or tax forfeited property. ■ The City Council may, at their discretion, abate or adjust special assessments on properties that are tax delinquent and tax forfeited property according to the following terms and conditions: o The original principal amount of the special assessment will be reinstated. Accrued interest may be adjusted by the cumulative Engineering News Record (ENR) Cost Index over the same period of time, or other selected index, with the lesser of the two costs selected for reinstatement. o The principal balance and calculated accrued interest so determined will bear an interest rate of 7% and be payable in equal installments over a 5-year period. o A written agreement will be entered into by all parities having interest in the property. The agreement will recite that the City is entitled to collect the special assessments, as provided by law or by foreclosure action, at the sole option of the City. ■ Proposed land use of the property will be a factor in whether the City Council abates or adjusts special assessments, but any development of the property or change in use contemplated or agreed to by all parties must be completed within one year of the City Council's decision to abate or adjust special assessments. M Deferral of Special Assessments on Undeveloped Property Deferral of all or portions of special assessments on undeveloped property is allowed by City policy and State Statute. In all cases of deferral, interest builds on the principal amount, but no payment of special assessments is due until assessments are activated. When special assessments are activated during the period when the bond for the improvements is active, there will generally be no adjustment to the special assessment. When the bond for the improvement is no longer active, the City may, at its discretion, adjust accrued interest by cumulative Engineering News Record (ENR) Cost Index over the same period of time, or other selected index, with the lesser of the two costs selected for reinstatement. ■ Agricultural land: Special assessments may be deferred until the land is developed or otherwise utilized for non-agricultural uses. ■ Land outside City limits: Special assessments may be deferred until the land is annexed and/or developed. ■ Newly annexed platted land: Special assessments may be deferred, including: o Lots with certified septic systems: Special assessments, for water and sewer system improvements only, may be deferred. Documentation that the septic system is certified must be provided to the City within 30 days of the Assessment Hearing. Lots must also comply with existing zoning ordinances and all other applicable state and federal laws. Water and sewer services must be installed and assessed at the same time. Assessments will be deferred until a structure is built, the lot is sold, subdivided, improved, until the septic system can no longer be certified, or for a maximum of ten years, whichever occurs first. o Lots with working wells: Special assessments may be deferred until the water system is utilized, or for a maximum of ten years. Water and sewer services must be installed and assessed at the same time. Assessments will be deferred until a structure is built, the lot is sold, subdivided, improved, until the well no longer functions, the septic system can no longer be certified, or for a maximum of ten years, whichever occurs first. o Lots with less than 250' of defined frontage: The City Council may, at its discretion, adjust the minimum lot width or otherwise defer a portion of the assessment for a maximum of ten years. o Lots with 250' or more of defined frontage: The City Council may, at its discretion, defer special assessments on that portion of platted lots with frontage of 250' or more that is determined to be a separate lot that may be developed. Assessments will be deferred on that portion of the lot determined to be a separate lot until the lot is sold, subdivided, or for a maximum of ten years. The City Council may, at its discretion, may adjust the minimum lot width or otherwise defer a portion of the assessment for a maximum of ten years. 19 Sidewalks/Trails/Walkways Policy Overview This City of Hutchinson promotes the installation and use of sidewalks, trails and walkways within the City as part of an effort to be a `Bicycle and Pedestrian Friendly" community. It is the intention of this effort to make it possible and safe for people using the option of walking or bicycling, either for transportation or recreation, to travel safely throughout the City and access schools, recreational facilities, businesses and other points of interest. Construction. Repair and Maintenance Policies According to City Code, Chapter 7, it is the adjacent property owner's responsibility to construct, maintain and repair sidewalks adjacent to their properties. The City of Hutchinson has developed this policy in an effort toward consistent quality, and to provide for periodic review and maintenance of the City's sidewalk network. Under this policy, the City provides services, at its discretion, that may exceed those required by the City Code. This policy and any related action by the City Council or staff are not intended to reduce the responsibility of the adjacent property owner. The City reserves the right to enforce the requirements of the City Code. The City also reserves the right to deviate from this policy at any time and for any reason determined to be in the best interest of the City. Throughout this document, the term `sidewalk' includes sidewalks, trails, walkways and related appurtenances. 1. Priority Criteria: The City will make provisions for sidewalks on or adjacent to public roadways and in public rights -of -way in a systematic manner. Priority is given to routes meeting the following criteria: a) Routes connecting to the Luce Line Trail and major destinations (for example; major employers, downtown business district, business centers, schools, recreational facilities, and other commonly used public facilities). b) Major commercial areas where foot traffic is essential. c) Along major roadways with traffic volumes exceeding 1,000 vehicles per day. d) Other areas indicated by the City. 2. Periodic, On -going Inspections: Inspections of sidewalk conditions are conducted in order to identify and initiate repair and maintenance projects. Inspections can be initiated upon receipt of information from outside sources or be scheduled inspections using City staff. The general policy for prioritizing repair and maintenance projects is as follows: a) Vertical deflections of over 3/4" identified during inspections have the highest priority for repairs. Insofar as is practical, considering budget and time constraints, the City shall have these identified locations repaired during the next repair project. b) Vertical deflections of between %2" and 3/4" identified during periodic inspections are reviewed for inclusion in future repair projects. Locations with these vertical deflections that are not included in the next repair project will be considered for future projects and/or be included in the interim repair procedure. 20 c) Vertical deflections of less than %2" will not generally be included in inspection reports unless the inspector determines that the location has a high potential for exceeding these criteria in the near future. d) Horizontal deflections, pitting and cracking will be analyzed on a case -by -case basis. e) Interim repair procedures, such as grinding, bituminous patching, etc., may be utilized in any situation to improve the safety of the sidewalk before being repaired. These interim repairs are prioritized based on Section 1 criteria and available resources, including staff time, technical ability, funding, etc. Sidewalk Removal: Sidewalks in disrepair that do not connect to other significant sidewalks, and are not on routes identified by the City, may be removed and the right-of-way restored to turf. 4. Installation/Significant Repair Cost: The costs of sidewalk installations and significant repairs within rights -of -way will generally be assigned in the following manner: a) The new construction of sidewalks on routes identified and approved by the City and listed in the Capital Improvement Plan will generally be completed at the City's cost, although the City reserves the right to have the costs assessed to adjacent property owners. b) The entire cost of sidewalk installation, adjacent to properties requesting them, or required by ordinance or agreement to have them, is generally assessed to adjacent property owners. Assessments may be based on adjusted front footage, or in a manner prescribed by the City Council, or by a subdivision agreement. c) The cost of significant repairs or reconstruction is generally the adjacent property owner's responsibility. Significant repairs and reconstruction are generally assessed to adjacent property owners. Assessments are based on adjusted front footage, or in a manner otherwise prescribed by the City Council, or by a subdivision agreement. The City may agree, at its discretion, to pay for any portion of the repair or reconstruction cost. 5. Removal, Maintenance and Minor Repair Cost: The costs of sidewalk removal, maintenance, and minor repairs within rights -of -way will generally be paid for in the following manner: a) Maintenance and minor repairs, in general, will be completed at the cost of the City, although the adjacent property owner remains primarily responsible for this work. Maintenance and minor repairs include the intermittent replacement or repair of single panels or other improvements in which the cost of assessing is determined to be too high. This work is done at the discretion of the City, which maintains the right to assess for repairs. b) Maintenance and minor repairs done for safety reasons, which exceed 33% of the sidewalk frontage area of an adjacent property, may be billed to the property owner upon completion of the repair. Unpaid bills will be assessed to the property owner. c) Adjacent property owners may coordinate replacement of driveway panels or access ways adjacent to the maintenance project. Replacements of driveway panels or access ways will be billed to property owners and unpaid bills will be assessed to the property owner. d) The cost of removing sidewalk, rough grading the area, and providing topsoil and seed is generally an expense of the City. The cost of completing the restoration in disturbed areas, including turf, is generally the property owner's. 21 e) If the City determines that the activities of or negligence of adjacent property owners damaged sidewalks, property owners may complete repairs meeting City specifications at their own expense, if they are inspected and approved by City staff. Otherwise, the entire cost of restoring the sidewalk will be billed to the adjacent property owner. Any unpaid bills will be assessed to the property owner. Snow Removal: It is the responsibility of the adjacent property owner, using due diligence, to keep sidewalks clear for pedestrian travel. There are certain sidewalks, identified by the City, which may receive some snow removal services from City staff and equipment. These services are provided at the City's discretion and do not relieve property owners of their responsibilities. Snow remaining on sidewalks 24 hours after the snow has stopped falling is a public nuisance. Property owners will be notified that their property is in violation. Beginning 12 hours after notification, City crews may clean sidewalks and bill adjacent property owners for that service. Unpaid bills will be certified to the following year's property taxes. 7. Adjacent Property Owner Obligation: It is the responsibility of the adjacent property owner to notify the Public Works department when a sidewalk that is potentially in need of repair is observed. As noted in Section 7.31 of the City Code, "It is the primary responsibility of the owner of property upon which there is abutting sidewalk to keep and maintain such sidewalk in safe and serviceable condition." 22 Description of typical residential street improvement projects: See City rate/fee schedule for costs for typical residential utility improvement projects. Total Street Reconstruction: Total street reconstruction generally includes reconstructing all base, sub -grade, paving, curb & gutter, and storm drainage improvements, including installation of sump water services. Additional assessments will generally be made for new utility services (sanitary sewer, storm sewer, or water) installed to serve properties. Partial Street Reconstruction: Partial street reconstruction generally includes limited improvements to base and sub - grade. Partial reconstructions typically include paving, curb & gutter, and storm drainage improvements, including installation of sump water services. Additional assessments will be made for required utility services (sanitary sewer, storm sewer, or water) installed to serve properties. Installations of utility services are generally not included in partial street reconstructions, except for limited areas (generally no more than 25%) requiring those installations. Street Rehabilitation: Street rehabilitation generally includes full -depth reclamation, limited improvements to base and sub -grade, paving, limited replacement of sidewalk and curb & gutter (generally no more than 25%), and storm drainage improvements, including installation of sump water services. Typically in street rehabilitation projects, sanitary sewer and water services are left in place. In some cases, utility services will be installed to serve properties. In cases where utility services are installed, additional assessments will be made for those services. Mill/Overlay: Mill/overlay projects generally include milling off a portion of the bituminous surface and repaving. Manholes, valves and other structures at the surface may be repaired and adjusted to meet the new surface. In some cases, minor repairs will be made to base, sub - grade, sidewalk, and curb & gutter (generally to more than 10%) in specific areas prior to repaving. Generally mill/overlay projects have no installation of utility services, but minor repairs may be made to utility infrastructure and are generally not assessed. These descriptions are based on typical improvement procedures and construction methods used on typical residential applications. Applicable rates for these improvements are identified in the City's rate schedule and may be modified at any time if additional or unique construction methods or improvement procedures are deemed necessary for specific improvements. 23 Description of typical residential utility improvement projects: See City rate/fee schedule for costs for typical residential utility improvement projects. Water services — Existing Replace existing water service from main to property line during construction or reconstruction project. Sewer services — Existing Replace existing sewer service from main to property line during construction or reconstruction project. Water services — New Tap Install a new service by tapping into an existing PVC water main and extending the service to the property line. Assessments shall include additional costs for restoration of street surface, if required. There may be additions to this rate, if other types of water main are tapped. Sewer services — New Tap Install a new service by tapping an existing PVC sewer main and extending the service to the property line. Assessments shall include additional costs for restoration of street surface, if required. There may be additions to this rate, if other types of sewer main are tapped. These descriptions are based on typical improvement procedures and construction methods used on typical residential applications. Applicable rates for these improvements are identified in the City's rate schedule and may be modified at any time if additional or unique construction methods or improvement procedures are deemed necessary for specific improvements. 24 - HUTCHINSON CITY COUNCIL Request for Board Action 2023 Airport Improvements - Hangar project Agenda Item: Department: PW/Eng LICENSE SECTION Meeting Date: 3/28/2023 Application Complete NIA Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff ❑� New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The final engineer's estimate for constructing two oversized hangars at the airport was just slightly less than $780,000. At the bid opening on March 22, there were five bidders, with the low bid coming from Everstrong Construction at $596,192, significantly lower than the enginee-' estimate. Considering the very good bid received, Public Works staff recommends proceeding with the project, The action items required to proceed include: 1) Award the Everstrong Construction bid for $596,192 for the hangar project. 2) App-rove Bolton-Menk, Inc. Work Order #7, Construction administration for $95,000. 3) Authorize interfund loan of $372,972.80, to be paid back by Bipartisan Infrastructure Law funding receipts in 2024, 2025 and 2026. These funding receipts are expected to be $145,000 per year for these years. BOARD ACTION REQUESTED: Consideration to Award bid, approve BM Work Order #7, authorize interfund loan Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 752,192,00 ' Total City Cost: $ 75,219.20 Funding Source: Misc Infrastructure Maint aect. Remaining Cost: $ 676,972.80 Funding Source: Federal grants HUTCHINSON PUBLIC WORKS AND ENGINEERING March 23, 2023 City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-6971 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager Subject: 2023 Airport Projects — Two -bay hangar A project was reviewed by the Airport Commission and Public Works staff to construct two hangars that are 56' x 52' x 16' to allow storage of larger aircraft at the airport. At the Council meeting on February 28, authorization was granted to bid the 2023 airport projects. Bids for the airport projects were opened by Bolton-Menk, Inc. on March 22. For the two -bay hangar project, there were five bidders. Four of the bids were below the final engineer's estimate and one bid was higher. The low bid was from Everstrong Construction, Inc. at $596,192.00 Engineer's estimate: $779,792.60 Everstrong Construction $596,192.00 Ebert Construction $645,715.79 Breitbach Construction $709,453.70 APX Construction Group $717,819.79 Boulder Creek, Inc. $813,599.00 Using the low bid pricing, the project would consist of the following components: Hangar construction: Design engineering: Construction engineering: City administrative: TOTAL FEDERAL LOCAL $596,192.00 $536,572.80 $ 59,619.20 $ 60,000.00 $ 54,000.00 $ 6,000.00 $ 95,000.00 $ 85,500.00 $ 9,500.00 $ 1,000.00 $ 900.00 $ 100.00 Total: $752,192.00 $676,972.80 $ 75,219.20 The intent is to fund construction of this project using Bipartisan Infrastructure Law (BIL) funding that has been assigned to the airport. TOTAL FEDERAL LOCAL Total: $752,192.00 $676,972.80 $ 75,219.20 Less current BIL' $304,000.00' 2024 estimated BILz $145,000.002 2025 estimated BILz $145,000.002 2026 estimated BILz $ 82,972.802 Total $752,192.00 $676,972.80 $ 75,219.203 'The airport has received two years of BIL funding. 2022: $159,000 and 2023: $145,000, for a total of $304,000.00. z A total of $372,972.80 would be borrowed internally, to be paid back by BIL funds each year in 2024, 2025 and 2026. The estimated receipts of $145,000 per year result in a balance of $62,027.20 by 2026. That balance would cover any shortfall, if 2024 and 2025 receipts were less than $145,000 per year. 3 The local share of $75,219.20 is anticipated to be paid out of the Misc. Infrastructure Maintenance account. This was deemed the most appropriate option, considering BIL funding is a one-time opportunity. Here are the actions that need to be taken by the City Council, if this project is to proceed. 1) Award the Everstrong Construction bid for $596,192 for the hangar project. 2) Approve Bolton-Menk, Inc. Work Order #7, Construction Administration for the project in the amount of $95,000. 3) Authorize interfund loan of $372,972.80, to be paid back by BIL funding receipts in 2024, 2025 and 2026. OnIn BOLTON & MENK Real People. Real Solutions. March 23, 2023 Mr. John Olson Public Works Manager City of Hutchinson 1400 Adams Street SE Hutchinson, MN 55350 RE: Hutchinson Municipal Airport — Butler Field (HCD) Multi -Bay Hangar Construction BMI Work Order No.7 Proposal for Professional Services Dear Mr. Olson, 7533 Sunwood Drive NW Suite 206 Ramsey, MN 55303-5119 Ph: (763) 433-2851 Fax: (763) 427-0833 Bolton-Menk.com Bolton & Menk is pleased to submit our proposal for Construction Administration Services for the Multi - Bay Hangar construction project at the Hutchinson Municipal Airport — Butler Field. Our understanding of the project is the City desires to construct a multi -bay hangar with two units. Each unit shall be 56-feet wide, 52-feet deep, and have a 16-feet tall door opening clearance. This proposal shall include construction and grant administration services. SCOPE OF SERVICES: TASK 2 CONSTRUCTION ADMINISTRATION: 2.1 Pre -Construction Meeting Consultant will arrange for and conduct the pre -construction meeting. The Project Manager and the Resident Project Representative will establish this meeting to review Local, State, Federal Aviation Administration (FAA) and project specific requirements prior to commencing construction. The meeting will be conducted at the Airport and will include the Sponsor/Owner, MnDOT Aeronautics (if available), Subconsultants, FAA DMA -ADO (if available), Contractor, Subcontractors and utility companies. 2.2 Initial Construction Layout The Consultant shall layout all proposed pavement repair for the Contractor. This shall require one trip to the Airport by the licensed surveyor. 2.3 Prepare Contract Manuals The Consultant is required to check that the construction contracts are in order, verify Contractor has met DBE goals (or made valid good faith effort), Contractor has provided proof of insurance, H:\HOTC\0T5129269\0_Mu1ti-Bay Hangar Construction\A_Project Management\2_Contracts\Contract\HCD_Multt_Bay_Hangar_Cnst_Admin_Proposal_032323.doo Bolton & Menk is vh rquat rpportuni.y r. yrplaycr Name: HCD Multi -Bay Hangar Construction Project Date: March 23, 2023 Page 2 of 5 the bonds have been completed, and the Sponsor, Contractor and applicable Agencies have been provided with adequate copies of the executed Contract Manual to include the Agreement and all addenda. The Plans will be updated to include all addenda items issued during bidding as necessary and adequate copies provided to the Contractor. Consultant will prepare the quantity sheets, field book, testing sheets, construction report format, etc. for use by the RPR. 2.4 Construction Management The Consultant and Sponsor agree that construction engineering services furnished shall be to the extent necessary to determine compliance with plans and specifications, including necessary general supervision of Resident Project Representative Services authorized by the Client. Services shall include interpretation of the plans and specifications, review of pay applications, explanation of bidding documents to contractor, review of field/change orders, and monitoring of certified payroll reports. 2.5 Resident Project Representative Services The Sponsor as part of this agreement authorizes Resident Engineering Services and the Consultant agrees to provide a Resident Project Representative, materials acceptance testing, and staking services in the execution of the Construction Engineering Services for the project work. The Sponsor and Consultant agree that the Consultant may employ the Resident Project Representative on other work during periods of temporary job shutdown when such services are not required by this project. Normally, the Resident Project Representative will give intermittent part-time service on this project when construction is in progress to include temporary interruptions due to weather or mechanical failure. For this Project Part -Time Resident Project Representative services will be provided. It is anticipated the Project will be completed by December 31, 2023. Consultant estimates a start date of July 2023. This will involve one (1) trip by the Project Manager, two (2) trips by the Project Engineer, twenty-five (25) trips by the RPR, and two (2) trips by the structural engineer. Resident Project Representative Services shall be completed in accordance with the following: Coordinate with Contractor regarding schedule, work progress, quality of work, and notify contractor of equipment and methods which do not comply with the Contract requirements. The Resident Project Representative shall notify the Sponsor if the Contractor elects to continue the use of questioned equipment and methods. Maintain daily records of the Contractor's progress and activities during the course of construction, to include progress of all work. These records document work in progress, quality and quantity of materials delivered, test locations and results, instructions provided the Contractor, weather, equipment use, labor requirements, safety problems, and changes required. Evaluate and discuss potential Field Orders and Change Orders with the Contractor as necessary. H:\HOTC\0T5129269\0_Mu1d-Bay Hangar Construction\A_Project Management\2_Contracts\Contract\HI:U_Mul1 i_Bay_Hangar_Cnst_Admin_Proposal_032323.doa Bolton & M-nl- :, n . " ' . T Name: HCD Multi -Bay Hangar Construction Project Date: March 23, 2023 Page 3 of 5 • Evaluate possible material substitutions as requested by the Contractor. • Prepare, process and distribute to Project Engineer weekly Construction Progress and Inspection Reports (FAA Form 5370-1). • Measure and compute as -built quantities of all materials incorporated in the work and items of work completed and maintain an item record account. • Prepare periodic Pay Requests for review by the Project Engineer and Contractor. • Monitor the contractor's compliance with airport operations to include coordination with airport manager, hangar owners and airport users and with the Construction Safety Phasing Plan (CSPP). • Attend and participate in construction progress meetings. • Perform other services as reasonably required by the Client and as outlined in the Contract Documents. 2.6 Final Inspection and Documentation The Consultant will schedule and conduct a final inspection with the Sponsor, Contractor, MnDOT and FAA representatives to determine whether the project has reached substantial completion and the work is in accordance with the plans and specifications. The Consultant will document items found to be deficient. The Consultant will prepare a punch list correspondence including the deficient items and will forward this correspondence to the Contractor requiring correction of the items and request a schedule for completion. The Consultant will send a copy to the Sponsor and include a copy in the Grant Closeout Report. Once all the punch list items have been completed to the satisfaction of the Sponsor, State and FAA, the Consultant will prepare a Certification of Construction Acceptance for the project. This certification will also be included in the Grant Closeout Report. Assemble documentation for the project closeout report once the project is complete. This will include gathering all construction documentation, supplemental agreements (if applicable), weekly reports, pay requests, testing result summaries, final certification documentation, and change orders in preparation for closeout. 2.7 As -Built Plans The project team will collaboratively assemble a set of as -built plans for the project. The as -built plans will include field constructed conditions included as part of this Project including any field surveying required to compute final quantities and the drawings will become record information. The Consultant shall provide Sponsor with two (2) sets of reproducible "Record Drawings" in both digital and hardcopy format. H:\HOTC\0T5129269\0_Mu1d-Bay Hangar Construction\A_Project Management\2_Contracts\Contrart\HI:U_Multi_Bay_Hangar_Cnst_Admin_Proposal_032323.docs Bolton & Menk is n : . . T : Name: HCD Multi -Bay Hangar Construction Project Date: March 23, 2023 Page 4 of 5 2.8 Airport Layout Plan Update Consultant shall update the approved Airport Layout Plan (ALP) to depict as -built conditions and submit to FAA for review and approval. 2.9 Project Closeout Consultant shall prepare the FAA Project Financial Closeout Forms and Report and submit to the Sponsor for submittal at the conclusion of the project. CONSIDERATION: The services described above in this proposal shall be completed on a basis as follows: • Task 2 Construction Administration — $ 95,000.00 • TOTAL $ 95,000.00 The anticipated funding participation is as follows: • Federal (90%): $ 85,500.00 • State (0%): $ 0.00 • Local (10%): $ 9,500.00 SCHEDULE: We anticipate the work can be performed according to the following schedule. • Construction: July — December 2023 (Contingent upon Federal Grant) • Project Closeout: July 2024 H:\HIITC\0T5129269\0_MuId-Bay Hangar Construction\A_Project Management\2_Contracts\Contract\HCD_Multi_Bay_Hangar_Cnst_Admin_Proposal_032323.doa Bolton & Menk is h rpGar'..^ -. urnl7wi'- Name: HCD Multi -Bay Hangar Construction Project Date: March 23, 2023 Page 5 of 5 Bolton & Menk, Inc. puts a high priority on ensuring that our company's efforts are consistent with our clients' needs. If you find this proposal acceptable, please return a signed and dated copy our proposal. Sincerely, Bolton & Menk, Inc. rsaftp V'ft� Silas Parmar, P.E. Aviation Project Manager ************************************************************************************* Authorization and acceptance of this letter proposal. City of Hutchinson, Minnesota Mr. Gary Forcier - Mayor Date Mr. Matthew Jaunich - City Administrator Date H:\H11TC\OT5129269\O_Mu1d-Bay Hangar Construction\A_Project Management\2_Contracts\Contract\HCD_Multi_Bay_Hangar_Cnst_Admin_Proposal_O32323.doa Bolton & Menk is n , :; r.,rPi7p1'- PROJECT FEE ESTIMATE CLIENT: City of Hutchinson, MN DATE: 3/23/2023 PROJECT: Hutchinson Municipal Airport (HCD) - Multi -Bay Hangar Construction PREPARED BY: SP Task Task Description Estimated Person Hours Required Totals Sr. Eng. Sr. Eng. Grad. Eng. Eng. Tech. Surveyor Struct. Eng. Admin. 2 Construction Administration 2.1 Pre -Construction Meeting 8 0 0 J EfJ 2.2 Initial Construction Layout 0 8 8 2.3 Prepare Contract Manuals .) 0 0 6 2.4 Construction Management Services 16 0 16 84 2.5 Resident Project Representative Services 0 Number of Days 0 0 Hours Per Day 10 10 10 10 10 Total Hours 0 ' 20 250 0 20 0 300 2.6 Final Inspection and Documentation 0 0 8 0 0 0 16 2.7 As -Built Plans 0 8 0 0 0 13 2.8 Airport Layout Plan Update 5 2 24 0 0 0 30 2.9 Project Closeout 0 4 8 0 0 0 8 20 Total Person Hours 4 66 52 298 8 40 29 497 Direct Labor Rate $86.00 $76.00 $55.00 $47.00 $57.00 $62.00 $41.00 Total Direct Labor Cost $344.00 $5,016.00 $2,860.00 $14,006.00 $456.00 $2,480.00 $1,168.91 $26,330.91 Overhead Rate 2.1373 $735.23 $10,720.70 $6,112.68 $29,935.02 $974.61 $5,300.50 $2,498.31 $56,277.05 Subtotal Labor Cost $82,607.96 Direct Expenses Total Expenses $0.00 Fixed Fee 15% x Subtotal Labor Cost $12,391.19 Total Task 2 $95,000.00 H:\HUTC\0T5129269\0_Mu1ti-Bay Hangar Construction\A_Project Management\2_Contracts\Contract\HCD_Mult_Bay_Hangar_Cnst_Admin_Fee_Analysis_032323.xlsx Page 1 RESOLUTION NO. 15593 RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH THE AIRPORT HANGAR CONSTRUCTION PROJECT BE IT RESOLVED by the City Council (the "Council") of the City of Hutchinson, Minnesota (the "City"), as follows: Section 1. Back ound. 1.01. The City has approved the construction of two oversized hangars ("Project") at the municipal airport with an expected total cost of approximately $752,192. 1.02. The City expects to fund 90% of the Project with federal Bipartisan Infrastructure Law ("BIL") dollars currently allocated to the City and to be received over the years 2024 through 2026. 1.03. The remaining project costs of 10% is to be funded by the City's Miscellaneous Infrastructure Maintenance ("MIM") plan within the City's Capital Projects fund. 1.04. The City intends to reimburse the Wastewater fund from BIL monies received in future years, in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 2. Terms of Interfund Loan. 2.01. The City hereby authorizes the advance of up to $400,000 from the Wastewater Fund. The City shall reimburse itself for such advances from future BIL funds received together with interest at the rate of 4.0%, which does not exceed the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan is authorized. Interest accrues on the principal amount from the date of each tranche. 2.02. Principal and interest ("Payments") on the outstanding Interfund Loan balance shall be paid on the dates that BIL funds are actually received by the City. 2.03. The City fully expects that sufficient BIL funds will be received to satisfy the interfund loan debt payments. If for some unforeseen reason the BIL funds fall short of the interfund loan obligations, then the City's MIM funds would be used to cover any shortfall. 2.04. The principal sum and all accrued interest payable under this Interfund Loan are pre -payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. 2.05. The City may amend the terms of this Interfund Loan at any time by resolution of the City Council. Section 3. Effective Date. This resolution is effective upon the date of its approval. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: March 28, 2023 Gary Forcier, Mayor (Seal) ATTEST: Matt Jaunich, City Administrator HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Agenda Item: Ordinance No. 22-838 - Amending Chapter 95 - Public Parks Department: Administration LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Current City code requires that permits be obtained from the City Council for various public gatherings in city parks. These gatherings include carnivals, community celebrations, musical concerts, use of amplified instruments/music, gathering of more than 75 persons including events such as picnics, graduations, weddings and political gatherings, contests/exhibitions and to sell goods/services. Staff is recommending amendments be made to this requirement and to allow the PRICE Department to approve and authorize these types of events within city parks. This recommendation is for a few reasons: current and past practice have not included actual permits being issued but rather reservations being made for park shelters and facilities through PRICE for events such as these; licenses/permits are all ready issued for some of these events (carnivals, transient merchants, etc.); many picnics, graduations, gatherings of 75 people are held in parks and to require Council approval/permit for those events is not efficient; the PRICE Department and Police Department have developed and use a detailed process for applicants who wish to have larger events in parks. The ordinance still allows for staff to bring forth for Council approval very large community events, such as River Song, Arts in the Park, etc. or any other event they feel the Council should be approving. These amendments simply allow for efficiency and to mirror current practice. BOARD ACTION REQUESTED: Approve first reading of Ordinance No. 23-838 - Amending Chapter 95 - Public Parks 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: Publication No. ORDINANCE 23-838 AN ORDINANCE AMENDING CHAPTER 95 OF THE HUTCHINSON CITY CODE — PUBLIC PARKS The City Council hereby ordains that Chapter 95 of the City Code is hereby amended to read as follows: § 95.01 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DESIGNATED ATHLETIC FIELDS. Turf or field prepared and used for playing a game or sporting activity and regularly hosting sporting practices and events (e.g. sand volleyball court, baseball/softball field, soccer field, lacrosse field, etc.). DIRECTOR. Shall mean and refer to the authorized and acting director of the Hutchinson Parks, Recreation, and Community Education (PRCE) Department. OFF LEASH DOG PARK. A public, city -designated area where a dog owner is permitted to allow a dog or dogs to socialize and exercise off leash, subject to the rules and regulations for such an area. PARE; or PARKS. A park, parkway, greenway, playground, open area, athletic field, outdoor ice skating rink, dog park, skateboarding park, and the materials and equipment therein owned, leased or in use by the City of Hutchinson for recreational purposes and for such uses that are normally associated with parks. RECREATIONAL FACILITIES. This includes the Aquatic Center, Recreation Center, Event Center, and Civic Arena. SHELTERS. Open or enclosed structures located within city parks, including bandstands, the Depot, the Historical Church, and music stages. SPORTS COMPLEX. Group of sports fields and/or facilities (e.g. Roberts Park, Veterans' Memorial Field, Park Elementary tennis courts, etc.). § 95.02 PARK HOURS AND ACCESS. (A) The recreational and educational opportunities of the parks and recreation facilities shall be available to all members of the public regardless, of race, sex, age, creed, national origin or place of residence; however, residency requirements and certain other regulations may be placed upon the participation in various league activities and preferences may be granted to residents of the City of Hutchinson over non-residents under certain circumstances. (B) Public parks of the City will close at 10:00 p.m. each day and shall remain closed to the public until 5:00 a.m. on the next day, unless otherwise posted, except that the following parks will remain open until 11:00 p.m.: Roberts Park Tartan ParkNeterans Memorial Field Library Square (C) City park shelters shall be open and available to the public for rent from 9:00 a.m. to 9:00 p.m. Shelters are open May 1 through Labor Day. After Labor Day and until the third Sunday in October, shelters may be rented by reservation only. City Recreational facilities will be opened and available at a time determined by the Director or their designee. (D) Except as provided in section 95.03, no person may be in, remain in or enter any public park between the park's closing time and 5:00 a.m., unless otherwise posted, and no person may drive into or remain in a public parking area within or immediately adjacent to a public park during the hours when the park is closed. § 95.03 ACTIVITES PERMITTED AFTER PARK CLOSING. The following activities may continue in the public parks after the parks have closed: (A) Camping at Masonic West River Park/Campground in designated camping sites. "Quiet Time" is from 10:00 p.m. to 6:00 a.m. (B) City sponsored and supervised activities, which because of the nature of the activity, cannot be held during the time when the parks open. (C) Activities sponsored by any other group, association or organization which has applied for and received a permit for such activity pursuant to section 95.04. (D) City custodial or maintenance authorized personnel who must perform their services during the times when the parks are closed. (E) Use of the Luce Line State Trail and the sidewalk within Library Square for traversing purposes. (F) City designated sidewalks and public trails not located within a park are open for public use 24 hours a day unless posted. § 95.04 PUBLIC GATHERINGS PERMITS. (A) A permApproval shall be obtained from the PRCE Department before participating in any of the following activities or special events in a city park. TL.�or (1) Carnivals; (2) Community celebrations; (3) Musical Concerts; (4) Use of amplified instruments, music, communication systems or the like that would exceed the requirements of Section 92.018 of the Hutchinson city code (5) Gatherings of 75 or more persons, including picnics, graduations, weddings and political gatherings; and (6) Contests and exhibitions, including among other things, those that require exclusive use or charging admission; and (7) To sell or offer for sale any goods or services (B) Pefffiits Approval shall not be required for those events and activities sponsored by the City or the Parks, Recreation, and Community Education (PRCE) Department, and those sporting events sanctioned by an official league (baseball, softball, etc.), whether admission is charged or not, which is authorized to use a city park by the Director or their designee. (C) A person seeking a pefmiapproval pursuant to this section shall file a written application on a form supplied by the Director or their designee. The application will state the following information: (1) Name and address of applicant (2) Name and address of the person(s), corporation or association sponsoring the activity or special event (3) Day(s), hour and year for which the permit is desired (4) Park or portion of the park for which the permit is desired (5) Estimate of anticipated attendance (6) Detailed description of the proposed activity (7) Variances required from city and park rules and regulations (8) Other information requested by the Director that is reasonably necessary to determine whether or not a permit will be issued (D) For gatherings of more than two hundred fifty (250) persons or for any activities or events where a fee or donation is being requested, except for those exempt under section 95.04(B), the applicant for a permit under this section shall be required to carry and maintain public liability insurance, with the city as a named insured, providing insurance coverage for bodily injury, death and property damage occurring in connection with applicant's use of the park. Such insurance shall provide coverage in amounts at least equal to the city's maximum liability limits as provided by state law. (E) The applicant for a pern4iapproval under this article shall indemnify and save harmless the city from all loss, cost and expense arising out of any liability or claims of liability for injury or damages to persons or property sustained or claimed to have been sustained by anyone whoever by reason of the use of occupation of the parks described in this section, whether such use is authorized or not, or by any act or omission of the applicant or any of its officers, agents, employees, players or guests. The applicant shall pay for any and all damage to property of city or loss or theft of such property done or caused by such persons. (F) No 4imiiiafily appfeved pe application may be transferred, and the pemait h lde applicant will be bound by all park rules and regulations and applicable ordinances. (G) The Director or their designee is authorized to revoke a pefffliapproval immediately upon fording of a violation of any park rule, ordinance or conditions of a pen -nit. § 95.05 RENTAL OF MUSIC STAGE AT MASONIC WEST RIVER PARK Exclusive rental of the music stage at Masonic West River Park/Campground past the hours permitted in section 95.02 will be allowed on the condition that the renter applies fer-a pemait is approved under Section 95.04, and that the renter purchases all of the tent and electrical only campground sites. § 95.06 TRAFFIC AND PARKING. It is unlawful for any motorized vehicle or equipment to be parked or operated in any city park or recreational area other than on established roadways and designated parking areas. This section shall not be construed to prohibit the use or parking of a recreational vehicle in designated camping areas in West River Park for a period not in excess of two weeks. This section shall not apply to law enforcement and construction or maintenance equipment operated by, or under a contract with, the city and within the scope of such operation or contract § 95.07 OPEN BURNING RESTRICTED. No person shall start or maintain an open fire in a park, except in an area specifically designated for such use. Cooking Fires made by picnic parties in the park are acceptable, but only in freestanding gas or charcoal barbecue grills. It is also unlawful to leave an area designated for an open fire or a freestanding grill before the fire is completely extinguished. § 95.08 TOBACCO -FREE PARKS. It is unlawful for any person to smoke or use tobacco products within the confines of Tartan Park, which includes the terrain park, skate park and north ball field. This area does not include Veterans Memorial Field and the parking lot adjacent to VMF Park to the west. § 95.09 DOGS AND ANIMALS IN PARKS. All dogs and other domestic animals must be leashed in public parks, except for a designated off -leash dog park. All dogs and other domestic animals are NOT allowed on any designated athletic fields or in sports complexes at any time. Dogs and other domestic animals are not allowed in enclosed park shelters/facilities and public restrooms/shower facilities. An 4 animal owner or person having custody or control of an animal shall immediately clean up and sanitarily dispose of any feces of the animal. § 95.10 SELLING FOOD, PRODUCTS OR SERVICES AND ADVERTISING PROHIBITED. No person may sell or offer for sale any product, food or service, or advertise in any public park without the prior written approval of the City. § 95.11 DAMAGING VEGETATION IN PARKS. No person may damage or disturb any flower bed, planting area, or ornamental landscaped area within a park, open space or recreational facility. No person may cut, trim or remove any wild flower, tree, shrub, plant, branch or portion thereof, or any soil or other material from a park, open space or recreational facility with the exception of authorized City officials. § 95.12 DESTRUCTION OF PARK PROPERTY No person shall tamper with, climb on, hinder or deface, destroy, disturb, damage or remove any part of any building, structure, sign, light pole, drinking fountain, ornamental fountain, hydrant, table, grill, equipment (other than play equipment specifically designed for climbing, sliding, swinging, etc.), statues, public art or other property within public parks. § 95.13 ADDITIONAL RULES AND REGULATIONS. The Director, or their designee, may establish reasonable rules and regulations for the use of parks and recreation facilities and shelters, and for obtaining permits. Such rules and regulations will be based on a due regard for the purpose for which the facility is established, the safety of those using the facility, the need for supervisory personnel and the maximum number of persons who can safely use the facilities at one time. Park and recreational facilities and shelters may be used by members of the general public for recreational, athletic, and social purposes consistent with the nature of the facility and the safety of the public and property, subject to permit requirements. Specific rules and regulations for the use of park and recreation facilities and shelters established by the Director or their designee should be posted where they apply, and it is unlawful for any person to violate the same when so posted. FURTHERMORE BE IT ORDAINED that the effective date of this Ordinance is , 2023. ADOPTED BY THE HUTCHINSON CITY COUNCIL THIS DAY OF , 2023 Attest: Matthew Jaunich, City Administrator Gary T. Forcier, Mayor cR HUTCHINSON CITY COUNCIL fe.""HINSON Request for Board Action A CITY ON PURPOSE. Set Special Joint Workshop Meeting with HUC Agenda Item: Department: Administration LICENSE SECTION Meeting Date: 3/28/2023 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 0 BACKGROUND/EXPLANATION OF AGENDA ITEM: We are looking to schedule a special joint workshop meeting with the Hutchinson Utilities Commission to hear an update on the operations of Hutchinson Utilities. HUC has sent us some dates/times that work for them. We are looking to do a meeting after 1 p.m. on any of the following dates: April 17 April 19 April 20 April 21 April 24 The Council should pick a meeting date and time that works best for the majority of you and staff will get the meeting scheduled. BOARD ACTION REQUESTED: Approval of calling a special workshop meeting with Hutchinson Utilities 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 HUTCHINSON CITY COUNCIL c`=yaf Request for Board Action 7AZ Agenda Item: December 2022 Preliminary Financial Statements & Local Sales Tax Update Department: Finance LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff ❑ Governance Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: For Council review, attached are preliminary 2022 financial statements for the general and enterprise funds. Also attached is my narrative, summarizing the financial results of each fund. The last page of this report provides an update on the historical local sales tax and excise tax collected within the Water and Wastewater funds. As a reminder, these funds are entirely dedicated to paying annual debt service. If not for this revenue source, both funds would have a significant cash deficit each year, most likely requiring user rate increases. Feel free to contact me with any questions. Thank you. BOARD ACTION REQUESTED: 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: 2022 Preliminary Financial Results GENERAL FUND SUMMARY The preliminary 2022 financial statement for the General fund currently reflects a net deficit of $433,900, based on expenditures exceeding revenues. These results are preliminary and subject to change as we finalize the 2022 financial audit. i Actual Total Revenues $14,044,989 Total Expenses 14,478,889 Net Revenue-$433,900 Bu et $13,963,993 13,963,993 Budgetary Variance $80,996 -514,896 $0;-$433,900 % Variance 0.6% -3.7% Total revenues were greater than budgeted expectations by $80,996 while total expenses were higher than budget by $514,896, leading to a negative net revenue (deficit) of $433,900. Two non -operating items contributed to the 2023 deficit. First, $500,000 of reserves were used to fund the Civic Arena roof improvement project. Second, the City's investment's reflect a 12/31/2022 valuation loss of $140,000 for the General fund due to rising bond rates/interest rates during the year. It's important to point out that the City will not actually incur a loss on its investments as we hold our investments to maturity. The valuation adjustment is a required accounting entry for financial presentation purposes. FUND BALANCE The 2022 fund balance is estimated at 55.1% of the 2023 budgeted expenditures, down from 59.7% last year. The significant drop in fund balance is simply due to $500,000 of reserves transferred to the Capital Projects fund to finance the Civic Arena roof improvement project. We continue to maintain a healthy fund balance in comparison to the State Auditor's recommendation of at least 35% to 50%, affording flexibility to the city to address emergency issues or to fund other one-time needs. Use of fund balance, however, needs to be done strategically and in a manner that doesn't negatively affect the City's AA- bond rating. PY Fund Balance $8,342,255- 59.7% CY Net Revenue _ -$433,900; Cy Fund Balance $7,908,354 Budgeted Expenses $14 354 436 Fund Balance % 55.1% 40% Working Capital $5,741,774 40.0% Restricted FB $10,091 0.1 % Unassigned FB _ $2,156,490 15.0% $7,908,354 55.1% REVENUES Total revenues were $80,996 higher than budgeted expectations. The following is a summary of the key activity within each revenue category. Taxes ($17,216 less than budget) Collection of property tax revenues dropped in 2022, likely due to the lingering impact of the pandemic. Since 2011, we have averaged 99.5% of taxes collected in the first year. The collection rate for 2022 is 98.9% and 2021 was at 99.1%. The recent downward trend in tax collection is somewhat concerning as we are nearing the collection rate that we saw during the recession of 2007 to 2009. Other Taxes ($21,670 greater than budget) This category includes the collection of Lodging Taxes ($24,050 above budget) and Cable TV Franchise Fees ($2,380 below budget). Lodging revenues continue to improve after the negative impact from the pandemic. For lodging taxes collected, 95% is remitted to the Hutchinson Convention & Visitors Bureau to fund its operations. For the cable TV franchise fees, 50% is remitted to HCVN to help fund the public television cable network. Payments to HCVB and HCVN are reflected as a Miscellaneous Expense within the general fund. Licenses & Permits ($49,765 greater than budget) The largest driver in this category was Building Permits, which exceeded the budget by $45,795. Intergovernmental Revenue ($50,90 7 greater than budget) Pension aid received from the State for Police was $28,142 higher than expected. Additionally, grants received from various governmental agencies were $18,428 higher than budget. We purposely budget conservatively as grant monies can be unpredictable. Charges for Services ($47,141 less than budget) Operations that underperformed compared to the budget include: Motor Vehicle Fees ($15,770), Hospital Security ($13,568), Event Center Rentals ($27,246), Park & Rec Concessions ($10,005), and Rental Inspection Fees ($29,850). The Rental Inspection fee results were lower due to a change in accounting for the revenue. In the past, we recorded the revenue in November/December when they were billed, however the revenue was actually for the following year. We corrected this accounting for the 2022 financials, deferring that revenue to 2023, when the inspection services will actually occur. The above budgetary losses were offset by some budgetary surpluses for Civic Arena fees ($38,908) and Cemetery fees ($27,812). The higher Civic Arena fees came with additional expenses as this was primarily due to longer ice during the summer. Miscellaneous Revenues ($25,108 greater than budget) A portion of this surplus is due to increased revenues while some is essentially a reimbursement of expenses incurred. The League of Minnesota Cities Insurance Trust pays an annual dividend on the property and general liability premiums paid by the cities. The dividends are unpredictable and subject to the discretion of LMCIT's board based on the level of claims versus premiums. It also takes potential future liabilities into consideration. Our 2022 dividend received was $35,236 compared to our conservative budget assumption of $10,000. We received insurance proceeds of $23,721 related to the February 2022 frozen/burst sprinkler system riser at the Event Center. We incurred a $25,000 deductible with the claim. We also received insurance proceeds of $15,195 related to repairs of the airport tractor. We incurred a $500 deductible with the claim. Our investment earnings increased due to the interest rate increases during the year. We received $110,744 of earnings compared to $64,963 last year. As mentioned on the first page, this category also includes the $140,000 fair market valuation loss on our investments. Again, this is just a paper entry and not an actual loss of City monies. Sponsorships and Contributions towards the various recreational programs and facilities totaled $43,095 compared to the budgeted assumption of $12,000. Overall, this revenue category performed incredibly well in order to absorb the $140,000 investment valuation loss, and still show a $25,374 surplus. Transfers In (Actual equals budget) All transfers were received as expected. Fines & Forfeitures ($2,098 less than budget) This category consists of the City's portion of court fines received from the State. Revenues bounced back to near budgeted levels after two years of reduced revenues due to the pandemic. EXPENDITURES Total expenditures were higher than the budget by $514,896. The following is a summary of the key activity within each expenditure category. Wages & Benefits ($51,836greater than budget) Police wages and benefits are the main driver being this category exceeding budgeted expectations, with the department being $159,932 over budget. The most significant factor behind the overage is a vacancy factor used in the budget process to deal with historical police officer turnover. Past budgets included a wage and benefits reduction to the police budget based on one full-time police officer. This assumption lowered the 2022 budget by $97,000. This assumption proved fairly accurate prior to the pandemic with fairly consistent officer turnover. Little to no turnover since the pandemic has resulted in expenses exceeding our budget, therefore we reduced the turnover vacancy by 50% for the 2023 budget. Police union contracts negotiated during 2022 resulted in an additional $45,200 of wages and benefits paid for police officers and sergeants. This included wages increases retroactive to the start of the contract period, additional pay for holidays worked and shift differential pay for working night shifts. Wages and benefits related to the Waterpark operations exceeded expectations by $55,386. Several factors were involved, including an additional week of open hours and seasonal pay rates that were adjusted higher than budget. Supplies ($53,514 less than budget) Most departments were able to make operational adjustments to help offset the inflationary cost increases to fuel and various supplies. Fuel expense came in $37,026 higher than expected while Small Tools & Equipment and Repair & Maintenance supplies were under budget by $23,465 and $22,933, respectively. Services & Charges ($163 less than budget) Departments did a good job controlling their budgets given the increasing costs due to inflationary factors. We had some budgetary savings for most line items, with a few large surpluses for Automotive R&M ($26,165) and Travel/Conference Expenses ($21,617). Areas that exceeded the budget include Software & Licensing $(35,738) and Utilities ($35,013). Miscellaneous Expenses ($2,362 greater than budget) This category is over budget due to the higher level of lodging taxes collected during the year. The City remits 95% of the lodging tax revenue to the Hutchinson Convention & Visitors Bureau to fund its operation. Due to the higher revenue, the expenditure was over budget by $19,834. The City retains the remaining 5% as operating revenues. The tax abatement subsidy for Uponor was $5,002 below budgeted expectations as the facility's valuation decreased 14% for 2021 and 2022. I expect that to change for 2023 or 2024 when the county increases Uponor's valuation for the recent expansion. Transfers -Out ($500, 000 greater than budget) This category exceeded the budget due to the $500,000 transfer from General fund reserves to the Capital Projects fund. The transfer was approved by city council at the March 14, 2023 meeting to fund the Civic Arena roof improvement project. Another $800,000 was funded from the Community Improvement fund. Capital Outlay ($14,375 greater than budget) These capital expenditures generally were for items that departments budgeted for within the Supplies category. While this Capital Outlay category appears to be over budget, we actually have budgetary savings within Supplies. ENTERPRISE FUNDS The 2022 financial statements for enterprise funds are substantially complete but have some necessary work as we prepare for the audit. Accounting for our fixed asset activity is a major function prior to the audit fieldwork in April. In accounting for fixed assets, we move all capital expenditures incurred in the year from the P&L expense to the Balance Sheet asset accounts. We also calculate depreciation expense for the year. These preliminary financials include estimates for the Depreciation expense mainly for budgetary comparison purposes. We also will move the debt service principal payments from the P&L to the Balance Sheet. While those entries have yet to be made, the preliminary financials should give council a good understanding of how the various funds performed in comparison to the budget since we do budget for those Balance Sheet items on our P&L (Capital and Debt). LIQUOR FUND Total revenues for 2022 fell below budgeted expectations by $111,718 and expenditures were below budget by $81,236. The fund had a negative net revenue of $30,640, which fell short of the budget by $29,720. Sales revenue totaled $7,298,303, down 0.5% from 2021. That comparison is somewhat difficult since 2021's sales were higher due to the pandemic. Comparing sales from 2022 to 2019 (pre -pandemic) may be more useful, with a 14.6% increase over the 3-year period. That 14.6% increase averages to 4.9% for each of the three years 2020-2022. For the years 2006 through 2019, our annual sales increased on average by 2.8%. The gross margin of 24.4% was higher than the budgeted margin of 23.7%, and a drop from last year's margin of 23.7%. Candice and her staff did a great job managing operations to increase the gross margin to a level that beat the budget and last year's margin despite lower sales levels. Gross margin looks only at sales revenue and cost of goods, while net profit margin looks at total profit in relation to total expenses before transfers -out. The 2022 net profit margin is estimated at 8.4%, which is down from 2021's margin of 9.0%. The net margin decrease is due mainly to an increase in labor costs and credit card fees. The labor to sales ratio was 11.5%, up from 10.2% in 2021. The increase in labor is attributed to wages increases for the part-time and seasonal staff that were not factored into the budget. After transferring $550,000 to the general fund, the Liquor fund ended the year with a positive cash balance of $379,629, down about $33,000 from last year. This cash reserve balance will provide the Liquor fund with the necessary funds for future capital improvements. The Services and Charges expense category was over budget by $26,233 due to a combination of factors. An unbudgeted expenditure to paint the building's exterior cost $23,250. Snow removal costs exceeded the budget by $8,250 as the contract came in much higher than expected. REFUSE FUND Total revenues for 2022 exceeded budgeted expectations by $58,254 while expenditures were under budget by $883,121. The fund ended the year with negative net revenue of $319,807 as expenses exceeded revenues. The large budgetary difference for expenditures is due to $837,500 of budgeted Capital Expenditures that did not occur in the year since the budgeted Source Separated expansion project was delayed for a second year due to the MPCA permitting process. The expense for the refuse hauling contract with West Central totaled $588,000, or $1,500 over budget. The hauler's fees are adjusted each April and October based on any increase in the CPI - Midwest Region. The budget assumed a 2% increase for April and a 1.75% increase for October, as we thought inflation may slow for that October adjustment. Instead, that October increase was at the maximum 2% due to the ongoing inflationary issue. The landfill disposal expense totaled $186,897. This is unfavorable when compared to the budget of $175,000, with residential and source -separated disposal each being slightly over budget. The largest budgetary impact, however, was the disposal of the hard goods that are picked up in the spring and fall. The cost to dispose hard goods at the landfill increased by over 70%, with the landfill charging extra for certain items such as mattresses. A breakdown of the disposed tonnage and cost is as follows: 2022 Actual 2022 Budget 2021 Actual Residential tons 2,402 2,386 2,409 Source Separate tons 225 250 224 Hard Goods tons 120 125 129 Total tons 2,747 2,761 2,762 Residential cost $153,852 $152,000 $150,538 Source Separate cost 16,390 16,000 14,006 Hard Goods cost 16,654 7,000 10,472 Total cost $186,897 $175,000 $175,015 Total Cost per Ton $ 67.95 $ 63.38 $ 63.38 The Refuse fund ended the year with a cash balance of $1,805,686, which is down $142,099 from 2021. This is after the $55,000 annual transfer to the Tree Disease Mitigation fund. The fund is healthy with no customer rate increases since 2008, but with a rate increase likely for 2024 due to increasing costs. These reserves will decrease substantially when the Source Separated expansion project actually occurs but should still be at a healthy level. COMPOST FUND Total revenues for 2022 exceeded expectations by $229,248 and expenditures were over budget by $24,514. The fund ended the year with a negative net revenue of $(40,623), which was favorable by $204,733 when compared to the budgeted negative net revenue of $(245,356). Bagged sales revenue exceeded the budget by $183,820 but was about $70,716 lower than 2021. Bulk sales exceeded the budget by $6,358. Expenditures exceeded the budget due to the higher Cost of Sales, which was necessary to support the higher sales levels. Inflation increases to direct costs also had a negative impact on cost of sales. The gross margin of 30.4% is quite lower than the budgeted margin of 32.1%, and significantly lower than the 2021 margin of 36.7% due to increasing costs. The Compost fund ended the year with a cash balance of $2,267,558, which is down $160,774 from 2021. This is after the $120,000 annual transfer to the General fund. Inflationary increases to direct input costs had a negative impact on our cash balance since we create a significant amount of bagged inventory each year-end for the upcoming spring sales. This resulted a higher inventory cost on our year-end books for a similar level of inventory as last year. Ultimately, this will translate into a higher cost of sales in 2023, putting further downward pressure on gross margins. WATER FUND Total revenues for 2022 surpassed the budget by $441,279 while expenditures were $444,552 lower than budget. The 2022 negative net revenue of $(858,058) is favorable by $885,831 when compared to the budgeted negative net revenue of $(1,743,889). The favorable variance was caused by some major capital expenditures not occurring in the year as planned, mainly the water meter replacement project budgeted at $400,000 for 2022. The positive revenue results were due to several factors, including Residential water consumption which exceeded expectations by $167,562. Other areas that exceeded expectations include local sales taxes ($161,765) and water connection charges ($22,765). Water consumption was lower than 2021 for Residential (-3.6%) and Commercial (-5.2%) while Industrial consumption was 5.8% higher. The increase for Residential and Commercial can be attributed to a dry summer and the need for lawn irrigation. The increase in Industrial consumption was due to MNSY using more City water during the year than its well water. Transfers -Out exceeded the budget by $208,836. We budget for the $70,000 transfer to the General fund, but in reality, we also transfer funds to the annual construction fund to pay for the water infrastructure installed during the roadway improvement projects. The contributions to the construction fund are actually budgeted as capital expenditures. Capital Outlay was less than budget by $588,166 due to delaying the Water Meter replacement project ($400,000) and the SCADA project not being completed in the year. The Water fund ended the year with a cash balance of $3,998,730, which is up $243,364 from 2021. The increase is due to the deferred capital expenditures. Those capital projects will be occurring in 2023/2024, reducing the cash balance accordingly. Annual local sales tax is definitely helping to maintain a healthy cash balance and keep user rates stable. The local tax is devoted to paying the debt service, covering approximately 66% of the 2022 debt payments. WASTEWATER FUND Total revenues for 2022 surpassed the budget by $323,247 while expenditures were $2,486,637 higher than budget. The 2022 negative net revenue of $(3,538,235) is unfavorable by $2,163,390 when compared to the budgeted negative net revenue of $(1,374,845). The unfavorable expense and net revenue, when compared to the budget, is simply due to the Headworks and SCADA projects being budgeted in prior years but were delayed into 2022 and 2023. The positive revenue results were due to local sales taxes being $138,724 higher than expected. Wastewater revenue was higher than budget for Residential (2.3%) while Commercial and Industrial were 3.2% and 22.3% lower than budget. Industrial surcharges for flow violations exceeded the budget by 15.4%. Sewer connection charges fell $48,631 short of budgeted expectations. The Wastewater fund ended the year with a cash balance of $7,005,393, which is down $2,533,878 from 2021. The cash decrease is attributed to the Headworks and SCADA capital projects. The fund is healthy with no rate increases since 2011, and is in good position to complete major capital improvements over the next few years. Annual local sales tax is definitely helping to maintain a healthy cash balance and keep user rates stable. The local tax is devoted to paying the debt service, covering approximately 64% of the 2022 debt payments. STORM WATER FUND Total revenues for 2022 ended higher than budget by $22,847 while expenditures were $93,972 lower than budget. The 2022 negative net revenue of $(621,279) is favorable by $(116,819) when compared to the budgeted negative net revenue of $(738,098). Transfers -Out was $771,820 higher than budget due to the various roadway construction projects during the year. We budget for roadway project costs in the Capital Outlay line item, but in reality, it is reflected as a Transfer -out to the Construction Fund. The Storm Water fund ended the year with an operating cash balance of $901,112, which is down $188,480 from 2021. This fund will have challenges in the next several years as the level of capital improvement needs are greater than current funds available. Higher annual rate increases may be necessary, starting with the 2024 budget. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING DECEMBER 31, 2022 2022 2021 2022 ACTUALS 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT DECEMBER YTD BUDGET BALANCE USED ACTUAL BUDGET USED General Fund Taxes 37,373 5,600,340 5,617,556 17,216 99.7 5,408,925 5,442,779 99.4 Other Taxes 72,603 341,670 320,000 (21,670) 106.8 336,865 305,000 110.4 Licenses & Permits (22,872) 493,365 443,600 (49,765) 111.2 564,539 380,300 148.4 Intergovernmental Revenue 12,447 1,795,728 1,744,821 (50,907) 102.9 1,745,433 1,716,788 101.7 Charges for Services 646,009 2,769,184 2,816,325 47,141 98.3 2,698,269 2,786,834 96.8 Miscellaneous Revenues (33,051) 281,608 256,500 (25,108) 109.8 223,366 246,250 90.7 Transfers -In 843,000 2,710,192 2,710,191 (1) 100.0 2,723,192 2,723,191 100.0 Fines & Forfeitures 7,688 52,902 55,000 2,098 96.2 45,356 55,000 82.5 Capital Contributions - - - - - - 40,000 - TOTAL REVENUES 1,563,197 14,044,989 13,963,993 (80,996) 100.6 13,745,945 13,696,142 100.4 Wages & Benefits 1,157,956 9,495,486 9,443,650 (51,836) 100.5 9,121,528 9,240,778 98.7 Supplies 90,719 881,001 934,515 53,514 94.3 790,048 882,622 89.5 Services & Charges 307,443 2,756,266 2,756,429 163 100.0 2,581,030 2,760,282 93.5 Miscellaneous Expenses 65,009 716,448 714,086 (2,362) 100.3 870,386 684,310 127.2 Transfers -Out 500,000 610,313 110,313 (500,000) 553.3 134,398 108,150 124.3 Capital Outlay 9,771 19,375 5,000 (14,375) 387.5 71,798 20,000 359.0 TOTAL EXPENDITURES 2,130,897 14,478,889 13,963,993 (514,896) 103.7 13,569,188 13,696,142 99.1 NET REVENUE (567,700) (433,900) - 433,900 176,757 - REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING DECEMBER 31, 2022 2022ACTUALS DECEMBER YTD General Fund Expense by Department 2022 2021 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED Mayor & City Council 5,623 40,779 50,077 9,298 81.4 46,092 50,099 92.0 City Administrator 58,442 524,508 482,617 (41,891) 108.7 480,737 491,611 97.8 Elections 1,151 20,365 18,700 (1,665) 108.9 62 - - Finance Department 46,353 392,773 404,170 11,397 97.2 374,224 382,169 97.9 Motor Vehicle 44,463 303,314 296,160 (7,154) 102.4 276,808 251,241 110.2 Assessing - 61,478 61,205 (273) 100.4 61,205 61,152 100.1 Legal 37,148 310,728 328,734 18,006 94.5 303,492 321,917 94.3 Planning 20,563 163,672 170,514 6,842 96.0 160,991 164,302 98.0 Information Services 91,738 596,814 598,135 1,321 99.8 559,911 587,903 95.2 City Hall Building 23,556 185,449 193,849 8,400 95.7 206,305 190,079 108.5 Police Department 519,577 3,669,807 3,497,529 (172,278) 104.9 3,865,658 3,607,758 107.1 Hospital Security 47,527 332,204 361,679 29,475 91.9 319,291 328,598 97.2 Emergency Management 271 11,118 16,980 5,862 65.5 14,319 17,280 82.9 Safety Committee - 9,840 11,370 1,530 86.5 11,099 11,210 99.0 Fire Department 38,887 405,815 411,094 5,279 98.7 397,461 369,510 107.6 Protective Inspections 41,543 327,477 334,179 6,702 98.0 300,077 326,560 91.9 Engineering 30,194 439,355 441,310 1,955 99.6 454,423 465,890 97.5 Streets & Alleys 196,859 1,611,798 1,630,466 18,668 98.9 1,508,970 1,588,741 95.0 Park/Recreation Administration 27,543 265,459 249,716 (15,743) 106.3 287,766 316,616 90.9 Recreation 21,159 210,252 278,533 68,281 75.5 243,842 260,435 93.6 Senior Citizen Center 9,766 89,265 96,796 7,531 92.2 59,809 93,715 63.8 Civic Arena 580,714 881,755 411,332 (470,423) 214.4 320,537 373,185 85.9 Park Department 127,989 1,070,858 1,072,754 1,896 99.8 955,498 994,819 96.0 Recreation Building 30,470 238,986 265,600 26,614 90.0 200,939 248,129 81.0 Events Center 24,620 255,301 261,357 6,056 97.7 248,101 275,259 90.1 Evergreen Building 4,123 33,990 31,375 (2,615) 108.3 29,782 30,725 96.9 Library 6,211 226,163 230,492 4,329 98.1 214,581 222,820 96.3 Waterpark 3,005 469,293 396,659 (72,634) 118.3 359,904 355,833 101.1 Cemetery 14,006 143,883 145,838 1,955 98.7 137,690 138,320 99.5 Airport 14,030 120,545 145,123 24,578 83.1 133,260 131,541 101.3 Unallocated General Expense 63,365 1,065,846 1,069,650 3,804 99.6 1,036,356 1,038,725 99.8 TOTAL EXPENDITURES 2,130,897 14,478,889 13,963,993 514,896 103.7 13,569,188 13,696,142 99.1 Liquor Fund Sales Miscellaneous Revenues TOTAL REVENUES Cost of Sales Wages & Benefits Supplies Services & Charges Miscellaneous Expenses Transfers -Out Capital Outlay Depreciation Expense TOTAL EXPENDITURES NET REVENUE REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING DECEMBER 31, 2022 2022ACTUALS DECEMBER YTD 2022 2021 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED 822,986 7,298,303 7,424,000 125,697 98.3 7,334,887 6,809,000 107.7 12,072 16,980 3,000 (13,980) 566.0 9,160 2,500 366.4 835,058 7,315,282 7,427,000 111,718 98.5 7,344,048 6,811,500 107.8 613,030 5,516,884 5,666,000 149,116 97.4 5,623,422 5,159,602 109.0 118,931 840,810 812,108 (28,702) 103.5 748,263 757,179 98.8 3,066 23,069 21,100 (1,969) 109.3 28,090 22,600 124.3 40,011 311,783 285,550 (26,233) 109.2 278,600 259,365 107.4 147 6,073 6,700 627 90.6 5,879 6,700 87.7 550,000 550,000 550,000 - 100.0 550,000 550,000 100.0 (15,825) 26,604 15,000 (11,604) 177.4 8,011 15,000 53.4 70,700 70,700 70,700 - 100.0 76,737 77,000 99.7 1,380,061 7,345,922 7,427,158 81,236 98.9 7,319,001 6,847,446 106.9 (545,002) (30,640) (158) 30,482 25,047 (35,946) Year to Date Sales December Sales Comments 2022 2021 Change Liquor Sales Revenue: Liquor 2,692,467 2,632,530 2.3% Beer 3,421,423 3,459,348 -1.1% Wine 999,725 1,063,103 -6.0% Other 184,688 179,906 2.7% Total Sales 7,298,303 7,334,887 -0.5% Gross Profit $1,781,419 $1,711,466 Gross Margin on Sales 24.4% 23.3% Customer Count 239,912 245,903 -2.4% Average Sale per Customer $30.42 $29.83 2.0% Labor to Sales Ratio 11.5% 10.2% Net Profit Margin before Transfers 8.4% 9.0% 2022 2021 Change 341,163 316,022 8.0% 306,018 294,331 4.0% 155,297 160,778 -3.4% 20,508 16,969 20.9% 822,986 788,100 4.4% $209,956 $193,143 25.5% 24.5% 23,083 23,104 -0.1% $35.65 $34.11 4.5% 14.5% 13.1% Water Fund Sales Sales - Other Local Sales Tax Charges for Services Miscellaneous Revenues Capital Contributions 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 DECEMBER 31, 2022 2022ACTUALS DECEMBER YTD 2022 2021 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED 123,158 1,887,129 1,715,000 (172,129) 110.0 1,940,218 1,715,000 113.1 49,722 601,292 549,950 (51,342) 109.3 606,448 549,950 110.3 190,050 973,765 812,000 (161,765) 119.9 875,964 737,000 118.9 10,140 81,527 71,685 (9,842) 113.7 69,968 65,700 106.5 30,297 88,201 42,000 (46,201) 210.0 45,979 47,000 97.8 - - - - 57,153 - - 403,367 3,631,914 3,190,635 (441,279) 113.8 3,595,731 3,114,650 115.4 67,409 561,006 579,241 18,235 96.9 530,459 546,882 97.0 11,440 199,914 168,150 (31,764) 118.9 154,362 140,150 110.1 56,169 454,946 507,750 52,804 89.6 511,319 500,950 102.1 30 1,101 13,500 12,400 8.2 11,388 15,000 75.9 278,836 278,836 70,000 (208,836) 398.3 119,092 70,000 170.1 45,361 410,284 998,450 588,166 41.1 177,953 865,219 20.6 1,132,000 1,132,000 1,132,000 - 100.0 1,139,426 1,160,000 98.2 50,858 1,451,885 1,465,433 13,548 99.1 1,452,131 1,465,215 99.1 TOTAL EXPENDITURES 1,642,103 4,489,972 4,934,524 444,552 91.0 4,096,130 4,763,416 86.0 NET of REVENUES & EXPENDITURES (1,238,736) (858,058) (1,743,889) (885,831) (500,399) (1,648,766) Year to Date Water Sales Comments 2022 2021 Change Water Sales Revenue: Residential 1,267,562 1,314,395 -3.6°/u Commercial 366,485 386,699 -5.2% Industrial 253,082 239,124 5.8% Water Sales 1,887,129 1,940,218 -2.7% Base Charge 445,842 439,784 1.4% Water Connection Charge 72,765 98,053 -25.8% Other 82,685 68,611 20.5% Other Sales 601,292 606,448 -0.9% REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING DECEMBER 31, 2022 2022 2021 2022 ACTUALS 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT DECEMBER YTD BUDGET BALANCE USED ACTUAL BUDGET USED Wastewater Fund Sales 218,595 2,869,981 2,755,000 (114,981) 104.2 2,740,312 2,782,000 98.5 Sales - Other 36,616 492,140 559,300 67,160 88.0 517,043 568,150 91.0 Local Sales Tax 190,050 973,765 812,000 (161,765) 119.9 875,964 737,000 118.9 Licenses & Permits - 6,000 6,500 500 92.3 6,000 6,500 92.3 Charges for Services - 11,190 7,500 (3,690) 149.2 4,700 7,500 62.7 Miscellaneous Revenues 97,503 200,470 90,000 (110,470) 222.7 84,444 97,500 86.6 Capital Contributions - - - - 41,913 - - TOTAL REVENUES 542,763 4,553,547 4,230,300 (323,247) 107.6 4,270,376 4,198,650 101.7 Wages & Benefits 94,770 772,111 776,934 4,823 99.4 762,961 752,715 101.4 Supplies 24,535 259,105 246,500 (12,605) 105.1 204,244 225,000 90.8 Services & Charges 80,506 619,298 769,000 149,702 80.5 787,143 762,200 103.3 Miscellaneous Expenses 2,302 26,863 40,000 13,137 67.2 26,714 40,000 66.8 Transfers -Out 148,893 148,893 80,000 (68,893) 186.1 170,686 80,000 213.4 Capital Outlay 299,744 3,563,663 984,400 (2,579,263) 362.0 2,680,087 2,358,219 113.6 Depreciation Expense 1,182,000 1,182,000 1,182,000 - 100.0 1,108,375 1,125,000 98.5 Debt Service 92,073 1,519,849 1,526,311 6,462 99.6 1,478,016 1,389,965 106.3 TOTAL EXPENDITURES 1,924,823 8,091,782 5,605,145 (2,486,637) 144.4 7,218,226 6,733,099 107.2 NET of REVENUES & EXPENDITURES (1,382,060) (3,538,235) (1,374,845) 2,163,390 (2,947,851) (2,534,449) Year to Date Sewer Sales Comments 2022 2021 Change Wastewater Sales Revenue: Residential 1,607,441 1,615,044 -0.53T. Commercial 414,351 420,629 -1.5% Industrial - Flow 459,156 396,616 15.8% Industrial - Violation Surcharges 389,032 308,023 26.3% Sewer Sales 2,869,981 2,740,312 4.7% Base Charge 384,630 379,937 1.2% Sewer Connection Charge 88,110 128,869 -31.6% Other 19,399 8,236 135.5% Other Sales 492,140 517,043 -4.8% Capital Outlay The large expenditure for 2022 includes the headworks and SCADA projects. The majority of the headworks costs are being funded by the $4M in bonds that we issued in 2021. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING DECEMBER 31, 2022 2022 2021 2022 ACTUALS 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT DECEMBER YTD BUDGET BALANCE USED ACTUAL BUDGET USED Refuse Fund Sales 108,690 1,284,920 1,267,000 (17,920) 101.4 1,263,623 1,220,000 103.6 Sales - Other 3,906 44,875 44,800 (75) 100.2 39,196 49,600 79.0 Intergovernmental Revenue 13,268 39,686 12,500 (27,186) 317.5 12,888 12,500 103.1 Miscellaneous Revenues 4,415 28,074 15,000 (13,074) 187.2 4,262 20,000 21.3 TOTAL REVENUES 130,279 1,397,554 1,339,300 (58,254) 104.3 1,319,969 1,302,100 101.4 Wages & Benefits 26,281 217,282 259,732 42,450 83.7 198,598 225,933 87.9 Supplies 2,566 49,511 59,900 10,389 82.7 31,950 64,400 49.6 Services & Charges 131,244 887,223 848,350 (38,873) 104.6 830,143 817,220 101.6 Miscellaneous Expenses - 253 1,000 747 25.3 331 1,000 33.1 Transfers -Out 55,000 55,000 55,000 - 100.0 55,000 55,000 100.0 Capital Outlay - 339,093 1,207,500 868,407 28.1 66,771 865,500 7.7 Depreciation Expense 169,000 169,000 169,000 - 100.0 134,067 162,000 82.8 TOTAL EXPENDITURES 384,092 1,717,361 2,600,482 883,121 66.0 1,316,859 2,191,053 60.1 NET of REVENUES & EXPENDITURES (253,812) (319,807) (1,261,182) (941,375) 3,110 (888,953) REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING DECEMBER 31, 2022 Commst Fund Sales 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 2022ACTUALS DECEMBER YTD 2022 2021 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED 42,812 2,896,178 2,706,000 (190,178) 107.0 2,791,862 2,289,000 122.0 75,548 112,477 87,000 (25,477) 129.3 72,000 70,000 102.9 7,584 45,593 32,000 (13,593) 142.5 (1,906) 32,000 (6.0) 125,944 3,054,248 2,825,000 (229,248) 108.1 2,861,956 2,391,000 119.7 42,901 2,016,464 1,837,000 (179,464) 109.8 1,766,548 1,582,500 111.6 (46,829) (745,243) (712,500) 32,743 104.6 (642,763) (674,000) 95.4 95,196 765,428 808,198 42,770 94.7 747,417 798,104 93.6 794 146,582 129,000 (17,582) 113.6 143,296 123,500 116.0 58,945 308,221 304,850 (3,371) 101.1 300,649 259,000 116.1 1,264 12,605 11,000 (1,605) 114.6 21,302 11,000 193.7 120,000 120,000 120,000 - 100.0 110,000 110,000 100.0 18,028 120,312 221,000 100,688 54.4 337,616 376,500 89.7 278,000 278,000 278,000 - 100.0 279,651 282,500 99.0 4,162 72,500 73,808 1,308 98.2 159,392 161,642 98.6 572,461 3,094,870 3,070,356 (24,514) 100.8 3,223,108 3,030,746 106.3 (446,517) (40,623) (245,356) (204,733) (361,153) (639,746) Year to Date Sales Comments 2022 2021 Change Compost Sales Bagged 2,186,853 2,321,222 -5.8% Bulk 361,858 186,825 93.7% Other (Freight) 347,467 283,815 22.4% Total Sales 2,896,178 2,791,862 3.7% Gross Profit 879,714 1,025,314 Gross Margin 30.4% 36.7% Bagged Sales Our gross margin is slipping from last year due to higher input costs and the inability to raise sales prices in a competitive sales market. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING DECEMBER 31, 2022 2022 2021 2022 ACTUALS 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT DECEMBER YTD BUDGET BALANCE USED ACTUAL BUDGET USED Storm Water Utility Sales 86,366 1,033,122 1,033,000 (122) 100.0 1,004,487 1,000,000 100.4 Sales - Other 447 5,646 3,500 (2,146) 161.3 1,658 3,500 47.4 Licenses & Permits 500 8,515 4,800 (3,715) 177.4 4,940 4,800 102.9 Miscellaneous Revenues 8,052 31,214 14,350 (16,864) 217.5 15,622 15,350 101.8 TOTAL REVENUES 95,365 1,078,497 1,055,650 (22,847) 102.2 1,096,732 1,023,650 107.1 Wages & Benefits 32,100 295,877 290,084 (5,793) 102.0 276,064 276,724 99.8 Supplies 12,788 45,563 51,325 5,762 88.8 31,494 35,425 88.9 Services & Charges 6,859 103,092 212,150 109,058 48.6 112,212 196,350 57.1 Miscellaneous Expenses 190 9,560 18,000 8,440 53.1 13,024 18,000 72.4 Transfers -Out 771,820 771,820 - (771,820) - 158,600 - - CapitalOutlay - - 746,600 746,600 - 205,197 739,000 27.8 Depreciation Expense 254,000 254,000 254,000 - 100.0 229,362 240,000 95.6 Debt Service 55,163 219,864 221,589 1,725 93.5 224,064 225,789 70.2 TOTAL EXPENDITURES 1,132,920 1,699,776 1,793,748 93,972 94.8 1,250,016 1,731,288 72.2 NET of REVENUES & EXPENDITURES (1,037,555) (621,279) (738,098) (116,819) (153,284) (707,638) Local Option Sales Tax and Excise Tax Year State Administered Local Sales Tax Gross Net Sales Tax State Fees Receipts Vehicle Excise Tax Total Received 2012 1,303,707 (30,296) 1,273,411 27,500 1,300,911 2013 1,348,688 (22,660) 1,326,028 28,640 1,354,668 2014 1,311,213 (22,015) 1,289,198 34,100 1,323,298 2015 1,213,641 (21,733) 1,191,908 32,940 1,224,848 2016 1,261,682 (20,996) 1,240,686 30,128 1,270,814 2017 1,299,327 (20,186) 1,279,141 29,458 1,308,599 2018 1,481,090 (23,621) 1,457,469 24,598 1,482,067 2019 1,536,586 (23,622) 1,512,964 24,722 1,537,686 2020 1,572,435 (24,275) 1,548,160 23,818 1,571,978 2021 1,754,866 (24,903) 1,729,963 21,964 1,751,927 2022 1,951,958 (24,519) 1,927,439 20,094 1,947,533 Totals 16,035,193 (258,826) 15,776,367 297,962 16,074,329 Water Fund % of Debt Annual Local Sales Funded by Debt Service Tax Receipts Local Tax 2012 1,210,884 546,383 45% 2013 1,251,870 568,961 45% 2014 1,229,016 661,476 54% 2015 1,311,514 612,424 47% 2016 1,407,710 635,407 45% 2017 1,480,405 654,300 44% 2018 1,485,176 741,034 50% 2019 1,485,073 768,843 52% 2020 1,485,505 785,989 53% 2021 1,464,765 875,964 60% 2022 1,464,983 973,767 66% Totals 15,276,901 7,824,546 51% Allocation of Local Sales Tax Water Sewer % Fund Fund Allocation 546,383 754,528 42% / 58% 568,961 785,707 42% / 58% 661,476 661,822 50%/50% 612,424 612,424 50%/50% 635,407 635,407 50%/50% 654,300 654,300 50%/50% 741,034 741,034 50%/50% 768,843 768,843 50%/50% 785,989 785,989 50%/50% 875,964 875,964 50%/50% 973,767 973,767 50%/50% 7,824,546 8,249,783 47% / 53% Sewer Fund % of Debt Annual Local Sales Funded by Debt Service Tax Receipts Local Tax 1,516,212 754,528 50% 1,558,722 785,707 50% 1,531,727 661,822 43% 1,514,931 612,424 40% 1,510,315 635,407 42% 1,402,110 654,300 47% 1,400,162 741,034 53% 1,403,226 768,843 55% 1,401,870 785,989 56% 1,389,515 875,964 63% 1,525,861 973,767 64% 16,154,651 8,249,783 51% Notes: The State of Minnesota administers the Local Option Sales Tax, collecting the tax along with the State sales tax. The State Fees average 1.8% of the gross local sales tax collected. The City of Hutchinson administers the Vehicle Excise Tax, which is $20 per vehicle sold, applicable to retail dealers in the city. The allocation percentages between the Water and Sewer funds is determined annually based on the total outstanding debt. �'� 14 HUTCHINSON CITY COUNCIL Request for Board Action February 2023 Financial and Investment Reports Agenda Item: Department: Finance LICENSE SECTION Meeting Date: 3/28/2023 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff ❑� Governance Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: For Council review, attached are the February Financial Reports for the general fund and enterprise funds. Also attached is the February 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 General Fund Taxes Other Taxes Licenses & Permits Intergovernmental Revenue Charges for Services Miscellaneous Revenues Transfers -In Fines & Forfeitures Capital Contributions TOTAL REVENUES Wages & Benefits Supplies Services & Charges Miscellaneous Expenses Transfers -Out Capital Outlay TOTAL EXPENDITURES NET REVENUE REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING FEBRUARY 28, 2023 2023 ACTUALS FEBRUARY YTD 2023 BUDGET AVAILABLE BALANCE 2023 % BDGT USED 2022 YTD ACTUAL 2022 BUDGET 2022 % BDGT USED - - 5,846,751 5,846,751 - - 5,617,556 - 6,937 12,701 330,000 317,299 3.8 5,198 320,000 1.6 11,104 54,255 442,100 387,845 12.3 121,581 443,600 27.4 15,193 23,855 1,793,941 1,770,086 1.3 15,178 1,744,821 0.9 158,399 324,283 2,872,308 2,548,025 11.3 333,785 2,816,325 11.9 44,867 86,990 289,800 202,810 30.0 46,004 256,500 17.9 - 476,134 2,724,536 2,248,402 17.5 466,798 2,710,191 17.2 6,163 6,163 55,000 48,837 11.2 3,971 55,000 7.2 242,663 984,380 14,354,436 13,370,056 6.9 992,515 13,963,993 7.1 665,795 1,212,897 9,672,602 8,459,705 12.5 1,236,775 9,443,650 13.1 63,958 125,107 986,823 861,716 12.7 80,703 934,515 8.6 166,146 359,132 2,827,889 2,468,757 12.7 279,024 2,756,429 10.1 43,425 60,295 748,500 688,205 8.1 23,324 714,086 3.3 - - 113,622 113,622 - - 110,313 - 40,962 40,962 5,000 (35,962) 819.2 44 5,000 0.9 980,285 1,798,393 14,354,436 12,556,043 12.5 1,619,870 13,963,993 11.6 (737,622) (814,012) - 814,012 (627,354) - REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING FEBRUARY 28, 2023 2023 ACTUALS FEBRUARY YTD General Fund Expense by Department 2023 2022 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED Mayor & City Council 3,184 5,311 50,087 44,776 10.6 4,994 50,077 10.0 City Administrator 35,789 65,252 486,246 420,994 13.4 65,507 482,617 13.6 Elections - - - - - 229 18,700 1.2 Finance Department 24,660 46,701 406,320 359,619 11.5 46,968 404,170 11.6 Motor Vehicle 24,414 43,345 299,947 256,602 14.5 39,711 296,160 13.4 Assessing - - 61,478 61,478 - - 61,205 - Legal 24,427 41,171 325,697 284,526 12.6 40,167 328,734 12.2 Planning 12,859 22,953 170,925 147,972 13.4 21,949 170,514 12.9 Information Services 53,331 92,416 584,601 492,185 15.8 86,122 598,135 14.4 City Hall Building 14,309 23,940 201,625 177,685 11.9 24,505 193,849 12.6 Police Department 299,186 580,172 3,711,079 3,130,907 15.6 488,291 3,497,529 14.0 Hospital Security 26,858 50,082 373,964 323,882 13.4 44,969 361,679 12.4 Emergency Management 117 2,052 16,980 14,928 12.1 156 16,980 0.9 Safety Committee 1,319 11,720 12,000 280 97.7 9,780 11,370 86.0 Fire Department 17,307 36,346 410,444 374,098 8.9 37,005 411,094 9.0 Protective Inspections 25,684 46,506 359,241 312,736 12.9 42,786 334,179 12.8 Engineering 36,945 61,926 505,473 443,547 12.3 61,091 441,310 13.8 Streets & Alleys 99,526 176,968 1,677,692 1,500,724 10.5 135,932 1,630,466 8.3 Park/Recreation Administration 19,080 37,046 263,811 226,765 14.0 31,153 249,716 12.5 Recreation 10,904 20,171 232,197 212,026 8.7 19,024 278,533 6.8 Senior Citizen Center 5,575 9,192 84,861 75,669 10.8 13,728 96,796 14.2 Civic Arena 35,834 58,283 407,734 349,451 14.3 53,702 411,332 13.1 Park Department 85,746 145,239 1,145,736 1,000,497 12.7 115,272 1,072,754 10.7 Recreation Building 22,908 37,353 281,230 243,877 13.3 32,116 265,600 12.1 Events Center 13,735 21,862 171,156 149,294 12.8 37,085 261,357 14.2 Evergreen Building 2,719 4,169 34,880 30,711 12.0 4,575 31,375 14.6 Library 3,645 6,476 244,216 237,740 2.7 6,744 230,492 2.9 Waterpark 1,473 3,377 457,647 454,270 0.7 7,018 396,659 1.8 Cemetery 9,222 19,228 151,085 131,857 12.7 18,116 145,838 12.4 Airport 28,533 32,210 143,905 111,695 22.4 26,763 145,123 18.4 Unallocated General Expense 40,996 96,925 1,082,179 985,254 9.0 104,414 1,069,650 9.8 TOTAL EXPENDITURES 980,285 1,798,393 14,354,436 12,556,043 12.5 1,619,870 13,963,993 11.6 Liquor Fund Sales Miscellaneous Revenues TOTAL REVENUES Cost of Sales Wages & Benefits Supplies Services & Charges Miscellaneous Expenses Transfers -Out Capital Outlay Depreciation Expense TOTAL EXPENDITURES NET REVENUE REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING FEBRUARY 28, 2023 2023 ACTUALS FEBRUARY YTD 2023 2022 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED 491,101 968,162 7,281,000 6,312,838 13.3 924,579 7,424,000 12.5 65 154 10,500 10,346 1.5 634 3,000 21.1 491,166 968,316 7,291,500 6,323,184 13.3 925,213 7,427,000 12.5 375,169 742,571 5,504,000 4,761,429 13.5 700,617 5,666,000 12.4 74,750 129,542 904,864 775,322 14.3 108,685 812,108 13.4 2,512 3,266 25,500 22,235 12.8 2,756 21,100 13.1 22,151 44,926 298,750 253,824 15.0 42,086 285,550 14.7 - 65 6,700 6,635 1.0 - 6,700 - - 550,000 550,000 - 550,000 15,000 15,000 15,000 - - 61,000 61,000 - - 70,700 - 474,582 920,370 7,365,814 6,445,444 12.5 854,144 7,427,158 11.5 16,585 47,946 (74,314) (122,260) 71,069 (158) Year to Date Sales February Sales Comments 2023 2022 Change 2023 2022 Change Liquor Sales Revenue: Liquor 383,777 362,960 5.7% 194,161 182,342 6.5% Beer 423,801 408,150 3.8% 212,684 207,590 2.5% Wine 136,233 133,430 2.1% 71,689 68,325 4.9% Other 24,351 20,039 21.5% 12,567 10,113 24.3% Total Sales 968,162 924,579 4.751. 491,101 468,370 4.9% Gross Profit $225,592 $223,961 $115,932 $87,956 Gross Margin on Sales 23.3% 24.2% 23.6% 18.8% Customer Count 32,623 32,580 0.1% 16,289 16,282 0.0% Average Sale per Customer $29.68 $28.38 4.6% $30.15 $28.77 4.8% Labor to Sales Ratio 13.4% 11.8% 1.6% 15.2% 12.9% 2.4% REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING FEBRUARY 28, 2023 2023 2022 2023 ACTUALS 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT FEBRUARY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Water Fund Sales 104,167 231,409 1,840,000 1,608,591 12.6 259,622 1,715,000 15.1 Sales - Other 73,000 122,084 614,000 491,916 19.9 99,644 549,950 18.1 Local Sales Tax 90,095 90,095 1,012,000 921,905 8.9 69,150 812,000 8.5 Charges for Services 3,373 39,788 71,685 31,897 55.5 38,681 71,685 54.0 Miscellaneous Revenues 13,902 27,249 44,500 17,251 61.2 10,714 42,000 25.5 Capital Contributions - - - - - - - - TOTAL REVENUES 284,537 510,626 3,582,185 3,071,559 14.3 477,811 3,190,635 15.0 Wages & Benefits 43,071 76,668 579,848 503,180 13.2 76,481 579,241 13.2 Supplies 14,691 34,500 185,800 151,300 18.6 18,575 168,150 11.0 Services & Charges 25,648 59,996 561,885 501,889 10.7 49,703 507,750 9.8 Miscellaneous Expenses 158 8,560 13,500 4,940 63.4 - 13,500 - Transfers -Out - - 70,000 70,000 - 70,000 Capital Outlay 34,547 34,547 902,876 868,329 3.8 998,450 Depreciation Expense - - 1,090,000 1,090,000 - - 1,132,000 - Debt Service 40,812 114,254 1,371,173 1,256,920 8.3 208,342 1,465,433 14.2 TOTAL EXPENDITURES 158,926 328,525 4,775,082 4,446,557 6.9 353,101 4,934,524 7.2 NET of REVENUES & EXPENDITURES 125,611 182,102 (1,192,897) (1,374,999) 124,710 (1,743,889) Year to Date Water Sales Comments 2023 2022 Change Water Sales Revenue: Residential 157,575 178,781 -11.9°/u Commercial 39,168 49,662 -21.1% Industrial 34,666 31,180 11.2% Water Sales 231,409 259,622 -10.9% Base Charge 105,773 73,535 43.8% Water Connection Charge - 5,250 0.0% Other 16,311 20,859 -21.8% Other Sales 122,084 99,644 22.5% REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING FEBRUARY 28, 2023 2023 2022 2023 ACTUALS 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT FEBRUARY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Wastewater Fund Sales 234,709 485,919 2,750,000 2,264,081 17.7 521,926 2,755,000 18.9 Sales - Other 76,311 110,553 549,000 438,447 20.1 73,664 559,300 13.2 Local Sales Tax 72,385 72,385 810,000 737,615 8.9 69,150 812,000 8.5 Licenses & Permits - 5,800 6,000 200 96.7 6,000 6,500 92.3 Charges for Services - - 7,500 7,500 - 640 7,500 8.5 Miscellaneous Revenues 21,787 42,958 93,500 50,542 45.9 25,725 90,000 28.6 Capital Contributions - - - - - - - - TOTAL REVENUES 405,192 717,615 4,216,000 3,498,385 17.0 697,105 4,230,300 16.5 Wages & Benefits 59,596 105,750 813,235 707,485 13.0 103,373 776,934 13.3 Supplies 23,170 29,921 279,200 249,279 10.7 36,385 246,500 14.8 Services & Charges 58,969 78,068 855,920 777,852 9.1 75,647 769,000 9.8 Miscellaneous Expenses 3,800 4,085 36,000 31,915 11.3 405 40,000 1.0 Transfers -Out - - 80,000 80,000 - - 80,000 - Capital Outlay 135,082 237,968 1,638,085 1,400,117 14.5 1,022,644 984,400 103.9 Depreciation Expense - - 1,136,000 1,136,000 - - 1,182,000 - Debt Service 38,485 492,262 1,557,895 1,065,633 31.6 396,346 1,526,311 26.0 TOTAL EXPENDITURES 319,102 948,053 6,396,335 5,448,282 14.8 1,634,799 5,605,145 29.2 NET of REVENUES & EXPENDITURES 86,090 (230,438) (2,180,335) (1,949,897) (937,695) (1,374,845) Year to Date Sewer Sales Comments 2023 2022 Change Wastewater Sales Revenue: Residential 261,475 264,616 -1.2°/u Commercial 69,997 67,645 3.5% Industrial - Flow 68,537 77,792 -11.9% Industrial - Violation Surcharges 80,840 111,873 -27.7% Sewer Sales 480,849 521,926 -7.9% Base Charge 107,086 63,529 68.6% Sewer Connection Charge - 6,900 0.0% Other 3,467 3,235 7.2% Other Sales 110,553 73,664 50.1% REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING FEBRUARY 28, 2023 2023 2022 2023 ACTUALS 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT FEBRUARY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Refuse Fund Sales 106,853 214,096 1,285,000 1,070,904 16.7 211,015 1,267,000 16.7 Sales - Other 3,610 7,334 45,000 37,666 16.3 7,203 44,800 16.1 Intergovernmental Revenue 1,700 1,800 12,500 10,700 14.4 - 12,500 - Miscellaneous Revenues 5,986 12,031 15,000 2,969 80.2 5,252 15,000 35.0 TOTAL REVENUES 118,149 235,261 1,357,500 1,122,239 17.3 223,470 1,339,300 16.7 Wages & Benefits 14,619 27,097 343,101 316,004 7.9 23,542 259,732 9.1 Supplies 2,825 9,752 62,850 53,098 15.5 9,003 59,900 15.0 Services & Charges 74,322 92,293 897,590 805,297 10.3 80,082 848,350 9.4 Miscellaneous Expenses - - 750 750 - - 1,000 - Transfers -Out - - 55,000 55,000 - - 55,000 - CapitalOutlay 5,037 5,037 1,018,482 1,013,445 0.5 16,628 1,207,500 1.4 Depreciation Expense - - 172,000 172,000 - - 169,000 - TOTAL EXPENDITURES 96,802 134,179 2,549,773 2,415,594 5.3 129,254 2,600,482 5.0 NET of REVENUES & EXPENDITURES 21,347 101,082 (1,192,273) (1,293,355) 94,215 (1,261,182) REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING FEBRUARY 28, 2023 Comaost Fund Sales 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 2023 ACTUALS FEBRUARY YTD 2023 2022 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED 272,582 388,921 2,939,400 2,550,479 13.2 369,398 2,706,OOD 13.7 - - 97,000 97,000 - 20 87,000 0.0 6,560 13,631 32,000 18,369 42.6 5,657 32,000 17.7 279,142 402,551 3,068,400 2,665,849 13.1 375,075 2,825,000 13.3 182,604 268,958 2,158,000 1,889,042 12.5 229,331 1,837,000 12.5 (29,455) (50,068) (657,750) (607,682) 7.6 (62,064) (712,500) 8.7 58,992 108,605 838,147 729,542 13.0 106,379 808,198 13.2 11,127 17,966 162,500 144,534 11.1 8,929 129,000 6.9 25,811 31,881 304,980 273,099 10.5 39,582 304,850 13.0 - 1,640 11,000 9,360 14.9 1,896 11,000 17.2 - - 120,000 120,000 - - 120,000 - 4,537 4,537 349,652 345,115 1.3 5,085 221,000 2.3 - - 290,000 290,000 - - 278,000 - - (4,162) 73,808 77,970 (5.6) (5,470) 73,808 (7.4) 253,617 379,358 3,650,337 3,270,979 10.4 323,669 3,070,356 10.5 25,526 23,194 (581,937) (605,131) 51,406 (245,356) Year to Date Sales Comments 2023 2022 Change Compost Sales Bagged 388,084 361,932 7.2% Bulk 307 6,027 -94.9% Other (Freight) 529 1,439 -63.2% Total Sales 388,921 369,398 5.3% Gross Profit 119,963 140,066 Gross Margin 30.8% 37.9% REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING FEBRUARY 28, 2023 2023 2022 2023 ACTUALS 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT FEBRUARY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Storm Water Utility Sales 88,766 175,171 1,065,000 889,829 16.4 167,389 1,033,000 16.2 Sales - Other 398 788 3,500 2,712 22.5 922 3,500 26.3 Licenses & Permits - 100 5,500 5,400 1.8 500 4,800 10.4 Miscellaneous Revenues 3,358 6,306 15,300 8,994 41.2 2,591 14,350 18.1 TOTAL REVENUES 92,522 182,365 1,089,300 906,935 16.7 171,401 1,055,650 16.2 Wages & Benefits 21,894 38,333 308,906 270,573 12.4 37,971 290,084 13.1 Supplies 24 24 53,625 53,602 0.0 3,001 51,325 5.8 Services & Charges 5,851 7,127 208,535 201,408 3.4 3,282 212,150 1.5 Miscellaneous Expenses - 185 10,000 9,815 1.9 780 18,000 4.3 Transfers -Out - - - - - - - CapitalOutlay 247,293 247,293 746,600 Depreciation Expense - 275,000 275,000 - - 254,000 - Debt Service - 148,411 221,589 73,178 93.5 143,761 221,589 70.2 TOTAL EXPENDITURES 27,768 194,079 1,324,948 1,130,869 14.6 188,795 1,793,748 10.5 NET of REVENUES & EXPENDITURES 64,754 (11,713) (235,648) (223,935) (17,394) (738,098) Oppenheimer & Co. Inc. 85 Broad Street STATEMENT OF (WO)PPENHEIMEI� New York, 00 10004 Trans ctsBu in ACCOUNT M,�71r1. Transacts Business on All Principal Exchanges Assets maturing during the next 60 days appear at the end of this statement. Special Message This statement has been provided to you through electronic delivery. Thank you for helping us 'Go Green'! Oppenheimer is acting in a Brokerage capacity for this account. Portfolio Summary This Previous Estimated Period Period Annual Income 02/28/23 01/31/23 Advantage Bank Deposits' $988.42 $0.00 $2.47 Mutual Funds 170,534.14 1,014,144.62 7,240.70 Government Agency Bonds 933,885.00 944,650.00 23,400.00 Municipal Bonds 12,110,021.85 11,353,760.85 351,714.10 Certificates of Deposit 6,195,349.72 6,211,690.83 191,176.50 CaahA^-coulrtBelerloe SA43.23 1r477,39 Total Asset Value $49,416,2n-36 $49,625,723 $573,633.77 Net Value of Accrued Interest $101,126.17 $116,31225 Account Number: D25-5019707 Tax ID Number: ON FILE For the Period: 02/01/23 - 02/28/23 Last Statement: 01/31/23 Page 1 of 13 CITY OF HUTCHINSON MINNESOTA III HASSAN ST SE HUTCHINSON MN 55350-2522 Financial Professional SULLIVAN,C/FAY,J 5HX (800)258-3387 Internet Address: www.opco.com 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 Income Summary Office Serving Your Account 100 SOUTH 5TH ST SUITE 2200 MINNEAPOLIS, MN 55402 Reportable This Period Year to Date Advantage Bank Dep Interest $0.06 $0.17 Corporate Interest 13,329.69 31,272.76 Municipal Interest 42,813.40 60,814.19 Government Interest 4,062.50 4,062.50 Dividends 674.78 1,47121 T*tHlli1*pwt" 550,WA3 J624.63 Non -Reportable Municipal Accrued Int Paid $-3,947.64 $-7,789.94 Total N"4Nport b1* 54,94TR64 T,7L4J1114 PPENHEIMEK Executive Summary CITY OF HUTCHINSON report as of 031012023 XXXXXX9707 Summary Totals Original Face $19,979,000 Current Face (Par) $19,979,000 Market Principal $19,239,257 Accrued Interest $95,535 Cash & Cash Alternatives $0 Fixed Income Funds $0 Equity Balance $0 Total Portfolio Value $19,334,791 Next 12mo Cpn Cash Flow $538,918 Generic Annual Cpn Cash Flow $566,291 Weighted Averages Coupon* 2.834 % Maturity" 2.30 yrs Duration 2.11 Yield to Worst 4.980 % Yield to Maturity 4.992 % Market Price' 96.297 Tax Lots Holdings Included 57 of 57 'Par-Wtd, all else Mkt-Wtd. . Avg lire used Ior principal paydowns, and perpetual securities are assigned a 40 year maturity. MOOdy's S&P UST/AGY/CD - PR/ETM Aaa LAAA AA AA A A Bea BBB . Muni- 62.9% CD- 32.2% Agy - 4.9 % Fed Tax-Fxempt 0 Fed Taxable 0 Subj to Cap Gains Subj to AMT $60,000 $50,000 $40,000 $30,000 40% 20% Io% O�'O�'01'O�'01^O O�'0�00 O�O��O O O�O�^O O�ObObObOaObOaOaObOa0a0y0y0yry'��Ja\ Qe 40% Be $20,000 20% BB <BB $10,000 NR NR $0 None 0% 20% 40% 60% 80% 100% Includes coupon cash flows for the next 12 months, from 03101/2023 to 0229/2024. Includes all tax lot holdings with recognized CUSIP, quantity, market price and full analytical calculations on reporting date. Includes coupon cash flows for the next 12 months, Bom 031012023 to 02J29/2024. Projected Principal Paydowns for CMOs are produced by applying current pool speeds which are updated weekly. Assuming similar market conditions going forward, Projected Principal Paydowns for Pass-7hru securities are produced by calculating and applying concurrent historical speeds to future paydown schedules. Page 3 of 25 PPENHEIMEK Totals & Averages @ Current Market CITY OF HUTCHINSON report as of 0310112023 XXXXXX9707 Original Face Value Current Face Value Valid Tax Lot Holdings Unrecognized Tax Lot Holdings Total Tax Lot Holdings $19,979,000 $19,979,000 57 0 57 Valid Tax Lot Holdings' includes all tax lot holdings with recognized CUSIP and quantity. Priced Original Face Value $19,979,000 Priced Current Face Value $19,979,000 Tax Lot Holdings Included 57 of 57 Priced Market Principal $19,239,257 Average Coupon 2.834% Average Market Price 96.297 Includes all tax lot holdings with recognized CUSIP, quantity and market price on reporting date. Average coupon and market price weighted by market principal. Portfolio Totals Original Face Value Current Face Value Market Principal Value Accrued Interest Total Market Value Cash & Cash Alternatives Fixed Income Funds Equity Balance Total Portfolio Value Next 12mo Cpn Cash Flow Generic Annual Cpn Cash Flow Tax Lot Holdings Included $19,979,000 $19,979,000 $19,239,257 $95,535 $19,334,791 $0 $0 $0 $19,334,791 $538,918 $566,291 57 of 57 Portfolio Averages Coupon Maturity Duration Convexity Current Yield Yield to Worst Yield to Maturity After Tax YTW Taxable Equivalent YTW After Tax YTM Taxable Equivalent YTM Market Price 2.834% 2.30 yrs 2.11 0.073 2.943% 4.980% 4.992% 4.980% 4.980% 4.992% 4.992% 96.297 Includes all tax lot holdings with recognized CUSIP, quantity, market price and full analytical calculations on reporting date. Portfolio average values are market -weighted, unless otherwise noted. Coupon and market price are par -weighted. All prices have been normalized to par. Average life used for principal paydowns, and perpetual securities are assigned a 40 year maturity. Includes coupon cash flows for the next 12 months, from 0310112023 to 0212912024. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.00%, a State of WA, and a State Tax rate of WA. Generic Annual Cpn Cash Flow is simply coupon rate times current face value, and does not consider acquisition date, redemption dates, lorg'Mort first coupons, ex -dividend dates, payment delays, etc. Duration and convexity figures represent modified duration to worst. Page 4 of 25 PPENHEIMEK Totals & Averages @ Acquisition CITY OF HUTCHINSON report as of 0310112023 XXXXXX9707 Original Face Value Current Face Value Valid Tax Lot Holdings Unrecognized Tax Lot Holdings Total Tax Lot Holdings $19,979,000 Portfolio Totals Portfolio Averages $19,979,000 Original Face Value $19,979,000 Yield to Worst (cost) 2.911 % 57 Face Value at Acquisition $19,979,000 Yield to Worst (mkt) 4.980% 0 Original Principal Cost $19,965,786 Yield to Maturity (cost) 2.947% 57 Adjusted Principal Cost $19,915,055 Yield to Maturity (mkt) 4.992% Current Market Principal $19,239,257 Original Acquisition Price 99.934 Estimated Gain/(Loss) -$675,798 Adjusted Cost Price 99.680 Tax Lot Holdings Included 57 of 57 Current Market Price 96.297 Valid Tax Lot Holdings' Includes all tax lot holdings with recognized CUSIP and quanttty. Original Face Value $19,979,000 Face Value at Acquisition $19,979,000 Tax Lot Holdings Included 57 of 57 Original Principal Cost $19,965,786 Average Acquisition Price 99.934 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 Qa cost are weighted by respective original total acquisition costs. 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 25 PPENHEIMEK Position Details CITY OF HUTCHINSON report as of 0310112023 XXXXXX9707 Position Details CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Adj Cost Px Accr Int % Adj Cost 58404DDMO 245 xxxxxx9707 MEDALLION BK UTAH 2.850% 99.976 Maturity 03/06/2023 5.760% (w) 5.760% 5.760 % 03/05/2019 $245,000 $244,941 ($59) CO 1.23% Held FDIC Cart A, 57449 03/062023 0.01 Cum Yield - 2.851 % 100.000 / 2.850 % 100.000 $497 (0.0%) Death Put I I MEDBNK I Monthly Pay I Resrcted States: AL,OH,TX 149159MQ5 245 xxxxxx9707 -/- CATHAY BK LOS ANGEL CALIF 3.150% 99.587 Maturity 06/08/2023 4.689% (w) 4.689 % 4.689 % 06/08/2018 $245,000 $243,988 ($1,012) CO 1.23% Held FDIC Cart A, 18503 06/082023 0.26 Cum Yield - 3.163% 100.000 / 3.150 % 100.000 $1,797 (0.4%) Death Put I I CATY I Semi -Annual Pay I Restricted Stales: CA, NY 856425AR4 245 xxxxxx9707 4- STATE BANK OF LISMORE 3.100% 99.489 Maturity 06/27/2023 4.723% (w) 4.723% 4.723% 06/27/2018 $245,000 $243,748 ($1,252) CO 1.23% Held LISMORE MN 06272023 0.31 Cuff Yield - 3.116% 100.000 / 3.100% 100.000 $83 (0.5%) FDIC Cert#., 8190 Death Put I I SBKLIS I Monthly Pay 45581 EAX9 245 xxxxxx9707 -/- INDUSTRIAL & COML BK CHINA 3.300% 99.534 Maturity 06/30/2023 4.743% (w) 4.743% 4.743% 08/30/2018 $245,000 $243,858 ($1,142) CO 1.23% Held USA 06730/2023 0.32 Cur -Yield - 3.315% 100.00013.300% 100.000 $66 (0.5%) FDIC Cart A, 24387 Death Put I I INDCMB I Monthly Pay I Restricted States: NON-USACCOUNTS 75472RAW1 245 xxxxxx9707 -/- RAYMOND JAMES BK NATL ASSN 1.700% 98.566 Maturity Oa/14/2023 4.959% (w) 4.959% 4.959% 02/14/2020 $245,000 $241,487 ($3,513) CO 1.23% Held FDIC Cart A, 33893 08/142023 0.44 Cuff Yield - 1.725% 100.000 / 1.700% 100.000 $194 (1.4%) Death Put I I RJF I Semi -Annual Pay 59833LAF9 245 xxxxxx9707 -/- MIDWEST INDPT BK MO 3.150% 99.037 Maturity 09/18/2023 4.943% (w) 4.943% 4.943% 09/17/2018 $245,000 $242,641 ($2,359) CO 1.23% Held FDIC Cart A, 25849 09/182023 0.53 Cum Yield - 3.181 % 100.000 / 3.150% 100.000 $296 (1.0%) Death Put I I MIDINB I Monthly Pay 59447TKJ1 300 xxxxxx9707 Aa2/AA- MICHIGAN FIN AUTH REV 2.744% 98.369 Maturity 11/01/2023 5.281% (w) 5.281% 5.281% 07/26/2022 $298,308 $295,107 ($3,201) Muni 1.50% Held (cow-) 11/012023 0.64 Cur-Yleld - 2.789% 99.436 / 3.201% 99.436 $2,790 (1.1%) Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Make Whole Call I Extraordinary Calls I Revenue I Government I Semi -Annual Pay 61760ARSO 245 xxxxxx9707 -/- MORGAN STANLEY PRIVATE BK 3.550% 98.986 Maturity 11/08/2023 5.057% (w) 5.057% 5.057% 11/08/2018 $245,000 $242,516 ($2,484) CO 1.23% Held NATL 11/082023 0.66 Cum Yield - 3.586% 100.00013.550% 100.000 $2,740 (1.0%) FDIC Cert A, 34221 Death Put I I MS I Semi -Annual Pay 54627CAX1 250 xxxxxx9707 Aaa/- LOUISIANA HSG CORP 0.550% 96.947 Next Call 03/22/2023 60.083% 60.083% 60.083% 05/11/2022 $240,758 $242,368 $1,610 Muni 1.25% Held 1-0 MULTIFAMILY HSG REV - 12/012023 0.73 Maturity 12/01/2023 4.772% (w) 4.772% 4.772% 96.303 / 3.000% 96.303 $351 0.a, HOLLYWOOD ACRES LLC- Cum Yield - 0.567% HOLLYWOOD HEIGHTS PROJS Material Events I Revenue I Housing I Semi -Annual Pay Includes all tax lot holdings 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 (YT149. Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0091, a State of N/A, and a State Tax rate of N/A. Page 6 of 25 PPENHEIMEK Position Details (continued...) CITY OF HUTCHINSON report as of 0310112023 XXXXXX9707 Position Details CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Adj Cost Px Accr Int % Adj Cost 538036CZ5 245 xxxxxx9707 4- LIVE OAK BANKING COMPANY 2.500% 98.062 Maturity 12113/2023 5.037% (w) 5.037% 5.037% 12/13/2017 $245,000 $240,252 :$4,748) CD 1.23% Held WILMINGTON NC 12/132023 0.77 Cun- Yield - 2.549% 100.00012.500% 100.000 $34 ,4.9%1 FDIC Cart A, 58665 Death Put I I LIVOAK I Monthly Pay 03784JSL9 245 xxxxxx9707 -/- APPLE BANK FOR SAVINGS 0.600% 96.122 Maturity 01/22/2024 5.104% (w) 5.104% 5.104% 01/26/2022 $243,456 $235,499 ($7,958) CD 1.23% Held FDIC Cart A, 16068 0122/2024 0.86 Cur, Yield - 0.624 % 99.370 / 0.920% 99.370 $165 (3.3%) Death Put I I APPBNK I Semi -Annual Pay I Restricted States: TX 06251AV80 245 xxxxxx9707 -/- BANK HAPOALIM B M NEW YORK 3.200% 98.374 Maturity 01/23/2024 5.075% (w) 5.075% 5.075% 01/23/2019 $245,000 $241,016 ($3,984) CD 1.23% Held FDIC Cart A, 33686 01232024 0.86 Cun-Yield - 3.253 % 100.000 / 3.200 % 100.000 $838 C 6%) Death Put I I Foreign I Emerging I HAPOAL I Semi -Annual Pay I Restricted States: MT,TX 20033AP91 245 xxxxxx9707 -/- COMENITY CAP BK UTAH 3.100% 98.146 Maturity 02115/2024 5.090% (w) 5.090% 5.090% 02/15/2019 $245,000 $240,458 ($4,542) CD 1.23% Held FDIC Cart A, 57570 02/152024 0.93 Cun-Yield - 3.159 % 100.000 / 3.100 % 100.000 $333 (1.9%) Death Put I I ADS I Monthly Pay I Restricted States: OH,TX 057864AZ3 485 xxxxxx9707 Aa2/AA BALDWIN CNTY ALA PUB BLDG 3.000% 99.547 Maturity 03/01/2024 3.467% (w) 3.467% 3.467% 03/20/2020 $487,362 $482,803 ($4,559) Muni 2.43% Held (Aa2r--) AUTH BLDG REV - JAIL PROJ 03/012024 0.97 Cun-Yield - 3.014% 101.867 / 2.500 % 100.487 $81 (0.9%) Material Events I S&P Outlook Stable I Extraordinary Calls I Revenue I Government I Semi -Annual Pay 65621XAN9 580 xxxxxx9707 -/AA+ NORMANDYSCHS 0.550% 95.547 Maturity 03/01/2024 5.203% (w) 5.203% 5.203% 12/07/2021 $577,048 $554,173 ($22,875) Muni Z90% Held (-/a) COLLABORATIVE MOJT 03/012024 0.97 Cun-Yield - 0.576% 99.491 / 0.780% 99.491 $18 (4.0%) EXECUTIVE GOVERNING BRD ST LOUIS CNTY Material Events I FEDERALLY TAXABLE I STATE TAXABLE I S&P Outlook Stable I General Obligation I Education I Semi -Annual Pay 90348JJQ4 245 xxxxxx9707 -/- UBS BK USA SALT LAKE CITY UT 2.900% 97.675 Maturity 04/03/2024 5.102% (w) 5.102% 5.102% 04/03/2019 $245,000 $239,304 ($5,696) CD 1.23% Held FDIC Cart A, 57565 04/032024 1.06 Cuff Yield - 2.969 % 100.000 / 2.900 % 100.000 $0 (2.3%) Death Put I I UBS I Monthly Pay 438701Y73 675 xxxxxx9707 Aa2/- HONOLULU HAWAII CITY & CNTY 0.545% 94.451 Maturity 07/01/2024 4.912% (w) 4.912% 4.912% 03/07/2022 $658,112 $637,544 ($20,567) Muni 3.38% Held (Aa2/--) WASTEWTR SYS REV 07/012024 1.29 Cun-Yield - 0.577 % 97.498 / 1.650% 97.498 $634 (3.1%) Material Events I FEDERALLY TAXABLE I Make Whole Call I Pm -Rats I Revenue I Utilities I Semi -Annual Pay 14042RSR3 245 xxxxxx9707 -/- CAPITAL ONE NATL ASSN VA 3.300% 97.685 Maturity 07/08/2024 5.087% (w) 5.087% 5.087% 07/07/2022 $245,000 $239,328 ($5,672) CD 1.23% Held FDIC Cart A, 4297 07/082024 1.29 Cuff Yield - 3.378 % 100.000 / 3.300 % 100.000 $1,218 (2.3%) Death Put I I COF I Semi -Annual Pay Includes all tax lot holdings 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 (YTM9. Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0091, a State of WA, and a State Tax rate of WA. Page 7 of 25 PPENHEIMEK Position Details (continued...) CITY OF HUTCHINSON report as of 0310112023 XXXXXX9707 CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Adj Cost Px Accr Int % Adj Cost 20056UAV6 500 xxxxxx9707 -IAA COMMERCE CALIF CMNTY DEV 3.000% 96.851 Maturity 08/01/2024 5.344% (w) 5.344% 5.344% 05/09/2017 $505,520 $484,255 ($21,265) Muni 250% Held (-IAI COMMN SUCCESSOR AGY TAX 08/012024 1.35 Cum Yield - 3.098% 105.31912.200% 101.104 $1,333 (4.2%) ALLOCATION FEDERALLY TAXABLE I S&P Outlook Stable I OID I Revenue I Government I AGMC Insured I Semi -Annual Pay 438687KT1 1,000 xxxxxx9707 Aa2/- HONOLULU HAWAII CITY 8 CNTY 1.832% 95.873 Maturity 08/01/2024 4.893% (w) 4.893% 4.893% 10/30/2019 $996,000 $958,730 ($37,270) Muni 5,0f% Held (Aav--) 08/012024 1.36 Curr Yleld - 1.911% 99.600/1.920% 99.600 $1,628 (3.7%) Material Events I FEDERALLY TAXABLE I Make Whole Call I General Obligation I Government I Semi -Annual Pay 02589ADM1 245 xxxxxx9707 -/- AMERICAN EXPR NATL BK 3.350% 97.606 Maturity 08/12/2024 5.084% (w) 5.084% 5.084% 08/10/2022 $245,000 $239,135 ($5,865) Co 1.23% Held FDIC Cart A, 27471 08/122024 1.38 Curr Yleld - 3.432 % 100.000 / 3.350 % 100.000 $472 (2.4%) Death Put I I AXP I Semi -Annual Pay 20772,13,19 570 xxxxxx9707 Aa3/AA- CONNECTICUT ST 2.400% 96.363 Maturity 08/15/2024 5.031 % (w) 5.031 % 5.031 % 07/11/2019 $568,906 $549,269 ($19,637) Muni z85% Held (Aa3/-) 08/152024 1.40 Cum Yield - 2.491 % 99.808 / 2.440% 99.808 $684 (3.5%) Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I General Obligation I Government I Semi -Annual Pay 3134GXR22 500 xxxxxx9707 Aaa/AA+ FEDERAL HOME LN MTG CORP 3.500% 98.722 Next Call 05/28/2023 8.961 % 8.961 % 8.961 % 08/30/2022 $500,000 $493,610 ($6,390) Agy 250% Held 08282024 0.96 Mid Call 02/28/2024 5.587 % (w) 5.587 % 5.587 % 100.000 / 3.250 % 100.000 $194 (1.3%) Maturity 08/28/2024 6.047% 6.047% 6.047% Cum Yield - 3.545% S&P Outlook Stable I Short First Coupon I FHLMC I Multi -Step Coupon 3.25% until 0212812023, 3.5% until 0512812023, 4.0% until 08/2812023, 4.5%until 1112812023, 5.0% until 022812024, 6.0% until 05/28/2024, then 8.0% 1 Quarterly Pay 64971QJ38 500 xxxxxx9707 Aal/AAA NEW YORK N Y CITY 2.600% 95.831 Next Call 04/01/2023 57.982% 57.982% 57.982% 05/09/2017 $486,750 $479,155 ($7,595) Muni 250% Held (Aa1/-) TRANSITIONAL FIN AUTH REV 11/012024 1.58 Maturity 11/01/2024 5.251 % (w) 5.251 % 5.251 % 97.350 / 2.998% 97.350 $4,406 (1.6%) Cum Yield - 2.713% Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Revenue I Government I Semi -Annual Pay 564759RJ9 244 xxxxxx9707 -/- MANUFACTURERS 8 TRADERS TR 4.900% 99.735 Maturity 12/09/2024 5.049% (w) 5.049% 5.049% 12/07/2022 $244,000 $243,353 ($647) Co 1.22% Held CO 12/09/2024 1.66 Cum Yield - 4.913 % 100.000 / 4.900 % 100.000 $2,817 (0.3%) FDIC Cart A, 588 Death Put I I MTB I Senii-Annual Pay I Restrced States: CT,DE,MA,MD,ME,NH,NJ,NY,PA,VA,VT 795451 BAO 245 xxxxxx9707 -/- SALLIE MAE BK MURRAY UTAH 1.000% 93.109 Maturity 12/16/2024 5.067% (w) 5.067% 5.067% 12/15/2021 $245,000 $228,117 ($16,883) Co 1.23% Held FDIC Cart A, 58177 12/1&2024 1.73 Cur -Yield - 1.074 % 100.000 / 1.000 % 100.000 $524 (6.9%) Death Put I I SALLMA I Semi -Annual Pay I Restricted States: OH,TX 287299MR9 150 xxxxxx9707 -/AA+ ELK GROVE VILLAGE ILL 1.000% 93.181 Maturity 01/01/2025 4.947% (w) 4.947% 4.947% 11/01/2021 $150,000 $139,772 ($10,229) Muni 0.75% Held 1-0 01/012025 1.77 Cuff Yield - 1.073% 100.000 / 1.000 % 100.000 $258 (6.8%) FEDERALLY TAXABLE I STATE TAXABLE I S&P Outlook Stable I General Obligation I Government I Semi -Annual Pay Includes all tax lot holdings with recognized CUSIP. For preferred securities, # of shams 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 (YTM. Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0091, a State of N/A, and a State Tax rate of N/A. Page 8 of 25 PPENHEIMEK Position Details (continued...) CITY OF HUTCHINSON report as of 0310112023 XXXXXX9707 Position Details CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Adj Cost Px Accr Int % Adj Cost 6860871.188 355 xxxoxx9707 Aa2!. OREGON ST HSG & CMNTY SVCS 4.659% 98.551 Maturity 01/01/2025 5.499% (w) 5.499 % 5.499 % 10/27/2022 $354,677 $349,856 ($4,821 ) Muni 1-78% Herd (Ail') DEPTMTGREV 01/012025 1.71 Cum Yield - 4.728% 99.90914.700% 99.909 $2,848 (1.4.6) Material Events I FEDERALLY TAXABLE I Short First Coupon I Extraordinary Calls I Revenue I Housing I Semi-Annuai F r; 696583GV9 460 xxxxxx9707 Aaa/AAA PALM BEACH FLA REV 2.500% 95.534 Maturity 01/01/2025 5.088% (w) 5.088% 5.088% 01/08/2020 $463,685 $439,456 ($24,228) Muni 2-30% Held (Aaa/-) 01/012025 1.75 CurrYleld - 2.617% 102.12012.050% 100.801 $1,981 (5.2%) Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Revenue I Government I Semi -Annual Pay 59013KFJO 245 xxxxxx9707 -/- MERRICK BK SOUTH JORDAN 1.800% 94.076 Maturity 01/31/2025 5.047% (w) 5.047% 5.047% 01/31/2020 $245,000 $230,486 1'i ! t,',• 14 CD 1.23% Held UTAH 01/312025 1.87 Cum Yield - 1.913% 100.000/1.800% 100.000 $36 FDIC Cert A, 34519 Death Put I I MERICK I Monthly Pay I Restricted States: OH,TX 16166NCL7 300 xxxxxx9707 -/AA- CHASKA MINN ECONOMIC DEV 3.430% 96.753 Maturity 02/01/2025 5.236% (w) 5.236% 5.236% 02/03/2020 $309,141 $290,259 ($18,882) Muni 1.50% Held (-/-) AUTHLEASE REV 021012025 1.81 Curr Yield - 3.545% 107.752 /1.800% 103.047 $915 (8.1%) Material Events I FEDERALLY TAXABLE I STATE TAXABLE I S&P Outlook Stable I Revenue I Industrial I Semi -Annual Pay 927781UZ5 570 xxxxxx9707 Aal/AA+ VIRGINIA COLLEGE BLDG AUTH 4.250% 98.370 Maturity 02/01/2025 5.154% (w) 5.154% 5.154% 09/26/2022 $570,000 $560,709 ($9,291) Muni 2.85% Held (Aai/--) VAEDL FACS REV - 21 ST CENTURY 02/012025 1.80 Cum Yield - 4.320% 100.000 / 4.248% 100.000 $2,153 (1.6%) COLL PROG Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I OID I Make Whole Call I Extraordinary Calls I Revenue I Education I Semi -Annual Pay 05465DAE8 245 xxxxxx9707 -/- AXOS BK SAN DIEGO CALIF 1.650% 93.368 Maturity 03/26/2025 5.037% (w) 5.037% 5.037% 03/26/2020 $245,000 $228,752 ($16,248) CD 1.23% Held FDIC Cart A, 35546 03262025 2.02 Curr Yield - 1.767% 100.000 / 1.650 % 100.000 $55 (8.8%) Death Put I I BOR I Monthly Pay 59334PJA6 375 xxxxxx9707 -/AA MIAMI-DADE CNTY FLA TRAN SYS 0.900% 91.315 Maturity 07/01/2025 4.892% (w) 4.892% 4.892% 11/23/2021 $373,012 $342,431 ($30,581) Muni 1.88% Held (a) SALES SURTAX REV 07/012025 2.25 Curr Yield - 0.986% 99.470 / 1.050% 99.470 $581 (8.2%) Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Revenue I Government I Semi -Annual Pay 052405FP7 245 xxxxxx9707 Aa3/AA AUSTIN TEX CMNTY COLLEGE 0.992% 90.693 Maturity 08/01/2025 5.145% (w) 5.145% 5.145% 04/29/2022 $229,482 $222,198 ($7,284) Muni 1.23% Held (Aa3/-) DISTPUB FAC CORP LEASE REV 081012025 2.32 Curr Yield - 1.094% 93.666 / 3.050% 93.666 $216 (3.2%) Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Extraordinary Calls I Revenue I Education I Semi -Annual Pay 34520LAD5 245 xxxxxx9707 -/- FORBRIGHT BK POTOMAC MD 3.500% 96.573 Maturity 09/16/2025 4.937% (w) 4.937% 4.937% 09/16/2022 $245,000 $236,604 ($8,396) CD 1.23% Held FDIC Cert A, 57614 09/162025 2.41 Curr Yield - 3.624% 100.000 / 3.500% 100.000 $352 (3.4%) Death Put I I FORBBK I Monthly Pay Includes all tax lot holdings with recognized CUSIP. For preferred securities, # of shams 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 (YTM9. Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0091, a State of WA, and a State Tax rate of WA. Page 9 of 25 PPENHEIMEK Position Details (continued...) CITY OF HUTCHINSON report as of 0310112023 XXXXXX9707 CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Adj Cost Px Accr Int % Adj Cost 319477AN5 244 xxxxxx9707 -/- FIRST CTZNS BK & TR CO 4.700% 99.465 Maturity 10/28/2025 4.912 % (w) 4.912 % 4.912 % 10/28/2022 $244,000 $242,695 ($ I,d05) CD 1.22% Held RALEIGH 10/202025 2.43 Cuf-Yield - 4.725% 100.00014.700% 100.000 $3,959 (0.5%) FDIC Cart A, 11063 Death Put I I FCNCA I Semi -Annual Pay 29278TMJ6 245 xxxxxx9707 -/- REGIONS BK BIRMINGHAM ALA 2.000% 92.727 Maturity 10/31/2025 4.917% (w) 4.917% 4.917% 10/31/2019 $245,000 $227,181 ($17,819) CD 1.23% Held FDIC Cart A, 57293 10/312025 2.58 Cur -Yield - 2.157 % 100.000 / 2.000 % 100.000 $40 (7.3% Death Put I I RF I Monthly Pay I Restricted States: OH,TX 34387AFF1 245 xxxxxx9707 -/- FLUSHING BANK 4.700% 99.473 Maturity 11/04/2025 4.910% (w) 4.910% 4.910% 11/04/2022 $245,000 $243,709 t$1,2911 CD 1.23% Held FDIC Cart A, 58564 11/04/2025 2.50 Cur -Yield - 4.725 % 100.000 / 4.700 % 100.000 $505 (0.5%) Short First Coupon I Death Put I I FFIC I Monthly Pay 02007GC68 244 xxxxxx9707 -/- ALLY BK SANDY UTAH 4.800% 99.725 Maturity 11/10/2025 4.905 % (w) 4.905 % 4.905 % 11/10/2022 $244,000 $243,329 ($671) CD 1.22% Held FDIC Cart A, 57803 11/10/2025 2.46 Cuf-Yield - 4.813 % 100.000 / 4.800 % 100.000 $3,626 (0.3%) Death Put I I GMATBK I Semi -Annual Pay 47770VBF6 310 xxxxxx9707 Aa3/AA+ JOBSOHIO BEVERAGE SYS OHIO 2.034% 91.922 Maturity 01/01/2026 5.139% (w) 5.139% 5.139% 04/29/2022 $298,815 $284,958 ($13,857) Muni 1.55% Held (Aa3l-) STATEWIDE LIQUOR PROFITS REV 01/012026 2.68 Cuff Yield - 2.213% 96.392 / 3.080% 96.392 $1,086 (4.6%) FEDERALLY TAXABLE I S&P Outlook Stable I Make Whole Call I Pre-Rata I Revenue I Industrial I Semi -Annual Pay 678553BUI 300 xxxxxx9707 Aa2/AA+ OKLAHOMA CITY OKLA ECONOMIC 1.118% 89.572 Maturity 03/01/2026 4.905 % (w) 4.905 % 4.905 % 02/10/2022 $292,833 $268,716 ($24,117) Muni 1.50% Held (Aa2/--) DEV TR TAX APPORTIONMENT- 03/012026 2.88 Cuf-Yield - 1.248% 97.611 / 1.730% 97.611 $19 (8.2%) INCREMENT DIST NO 8 PROJ Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Make Whole Call I Revenue I Government I Semi -Annual Pay 6500354W5 190 xxxxxx9707 Aa1/AA+ NEW YORK ST URBAN DEV CORP 3.170% 95.583 Maturity 03/15/2026 4.750% (w) 4.750% 4.750% 08/30/2022 $187,925 $181,608 ($6,318) Muni 0.95% Held (Aa1/--) REV 03/152026 2.80 Curr Yield - 3.316% 98.90813.500% 98.908 $2,811 (3.4%) Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Escn]w to Mat I Make Whole Call I Revenue I Government I Semi -Annual Pay 032879UV8 500 xxxxxx9707 -/AA ANCHOR BAY MICH SCH DIST 1.250% 88.631 Maturity 05/01/2026 5.196% (w) 5.196% 5.196% 07/16/2020 $502,005 $443,155 ($58,850) Muni 2.50% Held (-/-) 05/012026 3.01 Cuf-Yield - 1.410% 100.726/1.120% 100.401 $2,118 (11.7%) Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I General Obligation I Education I Semi -Annual Pay 71884AH28 135 xxxxxx9707 Aa2/AAA PHOENIX ARIZ CIVIC IMPT CORP 1.157% 88.997 Maturity 07/01/2026 4.772% (w) 4.772% 4.772% 12/14/2021 $134,150 $120,146 ($14,004) Muni 0.68% Held (Aa2/--) EXCISE TAX REV 07/012026 3.19 Cuf-Yield - 1.300 % 99.370 / 1.300% 99.370 $269 (10.4%) Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Make Whole Call I Revenue I Government I Semi -Annual Pay Includes all tax lot holdings 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 0.0091, a State of WA, and a State Tax rate of WA. Page 10 of 25 PPENHEIMEK Position Details (continued...) CITY OF HUTCHINSON report as of 0310112023 XXXXXX9707 Position Details CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Adj Cost Px Accr Int % Adj Cost 89235MLD1 245 xxxxxx9707 4- TOYOTA FINL SVGS BK HEND NV 0.950% 88.079 Maturity 07/22/2026 4.802% (w) 4.802% 4.802 % 07/22/2021 $245,000 $215,794 ($29,206) CD 1-23% Held FDIC Cart A, 57542 07222026 3.26 Cum Yield - 1.079% 100.00010.950% 100.000 $255 lit.91K,- Death Put I I TOYFBN I Semi -Annual Pay I Restricted States: OH,TX 798306WO5 140 xxxxxx9707 Aa2/- SAN JUAN CALIF UNI SCH DIST 1.201% 87.842 Maturity 011/01/2026 5.131%(w) 5.131% 5.131% 11/12/2021 $140,000 $122,979 ($17,U21) Muni 0.70% Held (Aa2/--) 08/012026 3.26 Curr Yield - 1.367% 100.000/1.201% 100.000 $149 /12.2%) FEDERALLY TAXABLE I Make Whole Call I General Obligation I Education I Semi -Annual Pay 3130APC45 500 xxxxxx9707 Aaa/AA+ FEDERAL HOME LOAN BANKS 1.180% 88.055 Next Call 03/26/2023 203.865% 203.865% 203.865% 10/26/2021 $500,000 $440,275 ($59,725) Agy 2-50% Held 10262026 3.48 Maturity 10/26/2026 4.785% (w) 4.785 % 4.785 % 100.000 / 1.180% 100.000 $2,065 (11.9%) Curr Yield - 1.340% Moodys Outlook Stable I S&P Outlook Stable I FHLB I Semi -Annual Pay 25483VPY4 400 xxxxxx9707 Aa2/AA DISTRICT COLUMBIA REV- 4.232% 97.806 Next Call 06/01/2025 5.278% 5.278% 5.278% 02/16/2023 $397,684 $391,224 ($6,460) Muni 2.00% Held (Aa2l--) SOUTHWEST WATERFRONT 061012027 3.79 Maturity 06/01/2027 4.808% (w) 4.808% 4.808% 99.421 / 4.380% 99.421 $4,326 (1.6%) PROJECT Curr Yield - 4.327% Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Callable I Extraordinary Calls I Revenue I Government I Semi -Annual Pay 25483VPY4 350 xxxxxx9707 Aa2/AA DISTRICT COLUMBIA REV- 4.232% 97.806 Next Call 06/01/2025 5.278% 5.278% 5.278% 01/20/2023 $349,734 $342,321 ($7,413) Muni 1.75% Held (Aa2/--) SOUTHWEST WATERFRONT 06/012027 3.79 Maturity 06/01/2027 4.808% (w) 4.808% 4.808% 99.92414.250% 99.924 $3,785 (2.1%) PROJECT Cum Yield - 4.327% Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Callable I Extraordinary Calls I Revenue I Government I Semi -Annual Pay 71884AH36 175 xxxxxx9707 Aa2/AAA PHOENIX ARIZ CIVIC IMPT CORP 1.257% 86.669 Maturity 07/01/2027 4.696% (w) 4.696% 4.696% 04/01/2022 $161,088 $151,671 MA17) Muni 0.88% Held (Aa2/--) EXCISE TAX REV 07/012027 4.11 Curr Yield - 1.450% 92.050 / 2.900% 92.050 $379 (5.8%) Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Make Whole Call I Revenue I Government I Semi -Annual Pay 45506DUZ6 1,000 xxxxxx9707 Aa2/AA+ INDIANA ST FIN AUTH REV - 4.109% 97.668 Maturity 07/15/2027 4.705% (w) 4.705% 4.705% 01/31/2023 $1,000,000 $976,680 ($23,320) Muni 5.01% Held (Aa2/--) MOTORSPORTS IMPT PROJ 07/152027 3.92 Curr Yield - 4.207% 100.00014.109% 100.000 $5,479 (2.3%) Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Make Whole Call I Extraordinary Calls I Revenue I Recreation I Semi -Annual Pay 87165GV25 245 xx)0=9707 -/- SYNCHRONY BANK 3.500% 95.158 Maturity 09/09/2027 4.700% (w) 4.700% 4.700% 09/09/2022 $245,000 $233,137 ($11,863) CD 123% Held FDIC Cart A, 27314 09M2027 4.04 Curr Yield - 3.678% 100.000 / 3.500% 100.000 $4,111 (4.8%) Death Put I I SYF I Semi -Annual Pay 649902T45 300 xxxxxx9707 Aa1/AA+ NEW YORK ST DORM AUTH ST 5.051% 100.510 Maturity 09/15/2027 4.924% (w) 4.924% 4.924% 12/13/2022 $307,941 $301,530 ($6,411) Muni 1.50% Held (Aai/--) PERSINCOME TAX REV 09/152027 3.92 Cuff Yield - 5.025% 102.75914.400% 102.647 $7,071 (2.1%) Material Events I FEDERALLY TAXABLE I S&P Outlook Stable I Extraordinary Calls I Revenue I Education I Semi -Annual Pay Includes all tax lot holdings 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 (YTM9. Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0091, a State of N/A, and a State Tax rate of N/A. Page 11 of 25 PPENHEIMEK Position Details (continued...) CITY OF HUTCHINSON report as of 0310112023 XXXXXX9707 CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Adj Cost Px Accr Int % Adj Cost 2546732BI 242 xxxxxx9707 DISCOVER BK 4.900% 100.836 Maturity 11/30/2027 4.698%(w) 4.698% 4.698% 11/30/2022 $242,000 $244,023 $2,023 CD 1.21Hord FDIC Cart A, 5649 11/30/2027 4.14 Curr Yield - 4.859% 100.00014.900% 100.000 $3,021 0.8% Death Put I I DFS I Semi -Annual Pay 721664J1-5 1,000 xxxxxx9707 -/AA- PIMA CNTY ARIZ CTFS PARTN 5.382% 100.487 Maturity 12/01/2027 5.263%(w) 5.263% 5.263% 11/17/2022 $1,013,760 $1,004,870 ($8,890) Muni 5.01% Held (-/-) 12/01/2027 4.08 Curr Yield - 5.356% 101.45815.050% 101.376 $15,847 (0.9%) FEDERALLY TAXABLE I STATE TAXABLE I S&P Outlook Stable I Long First Coupon I Extraordinary Calls I Certificate of Participation I Government I Semi -Annual Pay 977100HV1 500 xxxxxx9707 Aa2/- WISCONSIN ST GEN FD ANNUAL 4.330% 98.416 Maturity 05/01/2028 4.678%(w) 4.678% 4.678% 02/23/2023 $497,905 $492,080 ($5,825) Muni 2.50% Held (Aa2/-) APPROPRIATION REV 0&01/2028 4.56 Curr Yield - 4.400% 99.581 /4.420% 99.581 $1,022 (1.2%) FEDERALLY TAXABLE I STATE TAXABLE I Make Whole Call I Long First Coupon I Revenue I Agriculture I Semi -Annual Pay Includes all tax lot holdings 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 (YTM9. Duration figure represents modified duration to worst. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0091, a State of WA, and a State Tax rate of WA. Page 12 of 25 r ppENHEIMEK Coupon Cash Flow - Year 1 CITY OF HUTCHINSON report as of 03/012023 XXXXXX9707 Coupon Cash Flow by Asset Class 'Type Time Period: W/0 112023 - 0212912024 Mal'23 Apl'23 May'23 Jun'23 Jul'23 Aug'23 Sep'23 Oct'23 Nov'23 Dec'23 Jan'24 Feb'24 htsr2,: Total %Tot Agency $2,950 $4,375 $5,000 $2,950 $5,625 $6,250 $27,150 5.0% Agency Pass-Thru - - - - - - - - Asset -Backed - - - - - - - - CD $10,886 $12,289 $22,410 $17,602 $14,900 $11,400 $9,583 $10,236 $20,850 $11,910 $14,035 $8,175 $164,276 30.5% CMO - - - - - - - - - - - - - - Corporate - - - - - - - - - - - - Muni: Fed Tax $13,860 $13,741 $44,873 $43,875 $42,813 $13,860 $29,076 $42,780 $43,875 $42,813 $331,568 61.5% Muni: Tax -Exempt $7,275 - $688 - - $7,275 - $688 - - $15,925 3.0% Muni: Subj AMT - - - - - - Pfd: Fed Tax Pfd: Tax -Exempt Pfd: Cap Gains Treasury Total $32,021 $15,239 $40,526 $63,163 $58,776 $59,213 $30,718 $13,186 $55,551 $55,377 $57,910 $57,239 $538,918100.0% Fed Tax -Exempt $7,275 - - $688 - - $7,275 - - $688 - - $15,925 3.0 Fed Taxable I $24,746 $15,239 $40,526 $62,475 $58,776 $59,213 $23,443 $13,186 $55,551 $54,690 $57,910 $57,239 -I $522,993 97.0% Subj to Cap Gains Subj to AMT Fed Tax -Exempt 0 Fed Taxable 0 Subj to cap Gains 0 Subj to AMT $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $0 Mar'23 Apr'23 May'23 Jun'23 Jul'23 Aug'23 Sep'23 Oct'23 Nov'23 Dec'23 Jan'24 Feb'24 Mar'24 Includes all tax holdings with recognized CUSIP, quantity, market price and full analytical calculations on reporting date. Includes coupon cash Mows for the next 12 months, from 031012023 to 0229/2024. Totals are the sum of rounded displayed values. The cash flows displayed are only estimates. Your actual interest and principal payments may be higher or lower than these estimates. Projected Principal Paydowns for CMOs are produced by applying current pool speeds which are updated weekly. Assuming similar market conditions going forward, Projected Principal Paydowns for Pass-Thru securities are produced by calculating and applying concurrent historical speeds to future paydown schedules. Page 13 of 25 PPENHEIMEK Maturity & Duration - All CITY OF HUTCHINSON report as of 0310112023 XXXXXX9707 40% v 0 � 20% m 0 0,6 e I i, n, 'P°paa�N"�p�� ti91,, Qe 40% o m ry 20% be v ~ o 0 0% 0~ Ary p'S pb ph Ob 91 00 p0 ,tio ,ti'l ,ti'L ,ti'S t 1ti ,tib t ,ti0 .5o Ox DO 0~ Oti p'S ODl O<'i OH 01' 00 00' ,ti0 ,tiff ,tiff ti'N ,tiD: ,tick' ,tiH ,tit ,ti0 ,ti0' ,yo' ,yti ,yti .1^i .1ti ,yh' .1ry ,y1 ,y0 ,y0' 'S Displays represent % ofmarket principal for all tax lot holdings with a recognized CUSIP, quantity, Current market price and full analytical wiculations. Average Ilfe used for principal paydowns, and perpetual securities are assigned a 40 year maturity. Duration figure represents modified duration to worst. Year 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 2051 2052 2053+ Perpetual Page 14 of 25 Curr Face $2,510,000 12.56% $6,769,000 33.88% $4,168,000 20.86% $2,320,000 11.61% $3,712,000 18.58% $500,000 2.50% Mkt Principal % Range $2,480,905 12.90% 00-01 $6,545,749 34.02% 01-02 $3,997,436 20.78% 02-03 $2,077,630 10.80% 03-04 $3,645,456 18.95% 04-05 $492,080 2.56% 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13 13-14 14-15 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+ Curr Face % Mkt Principal $4,810,000 24.08% $4,728,464 24.58% $6,549,000 32.78% $6,308,729 32.79% $2,888,000 14.46% $2,722,180 14.15% $3,570,000 17.87% $3,354,103 17.43% $2,162,000 10.82% $2,125,781 11.05% Library Board Meeting January 23, 2023 Members Present: Tim Burley, Sue Griep, Margaret Hoffman, Kay Hultgren, Julie Lofdahl, Carolyn Ulrich, Dianne Wanzek, and Katy Hiltner, Ex-officio. Carolyn called the meeting to order at 4:30. Tim Burley was welcomed to the Board as the representative from the City Council. Minutes from the November 28, 2022, meeting were reviewed and approved. Old Business: 1. November Short Story Contest: Sixteen stories were submitted by nine participants. Stories were to center around a historic photo found in the Library's brochure. The stories have been placed in a binder and are available for reading. 2. 2022 Friends of the Library (FOL) Project Bookshelf Summary: Eighty-eight new books plus donations resulted in 262 books being donated to UCAP for distribution. 3. Knitting Update: One -hundred pieces of knitting (hats, etc.) were donated to McLeod Food Shelf, UCAP, and Common Cup Ministry for distribution at their sites. 4. Winter Reading (1/3 to 3/10/2023): Final numbers will result when completed logs are turned in; but so far, 184 logs have been taken by participants. Monthly challenges are given with small prizes for completion. New Business: 1. Library Board Goals for 2023: The 2021-2022 goals were reviewed and consensus was to continue with the goals as set at that time. 2. January Calendar: The calendar is full of many activities—Children's Story Time (8- 9 average attendance), scavenger hunt(s), Seek and Find, Lego club (17 att.), Coding (7 att.), Teen meet -up evening(s) is in the beginning stage. In -House activities such as coloring and puzzle tables are popular. 3. February Calendar: Saturday, Feb. 4: Take Your Child to the Library Day with storytime, valentine making, and other activities. Wednesday, Feb. 15: 2 PM Tea Party (sponsored by FOL)—a program presented by the Garden Tea Shoppe (Dassel). Reservations required by 2/10/2023. 4. One Book, One Community: two activities related to The Seed Keeper, by Diane Wilson, have been scheduled. On 2/26, at 2 pm, a book discussion will take place at the Hutchinson Center for the Arts. On 3/25, at 2 pm., Megan Schnitker will speak at the Museum. 5. Legacy Program: The Glencoe librarian has been holding swing dance classes. 6. MnLink.org—to use online, a pin is required and can be obtained at the library's desk. 7. Library Buzz: Sue: The Seed Keeper (F) by Diane Wilson Julie: Red State Christians (NF) by Angela Denker Kay: The Seed Keeper (F) by Diane Wilson Katy: Lessons in Chemistry (F) by Bonnie Garmus Margaret: Charles Finch mysteries and Red State Christians. Carolyn: Over My Dead Body (NF) by Greg Melville Dianne: Friends. Lovers, and The Big Terrible Thing (NF) by Matthew Perry Tim: Swords of Lightning (NF) by Mark Nutsch Next Meeting: Monday, February 27, 2023, 4:30 pm., in meeting room. December 2022. Donations and Grants: Friends of Library (funding for DVDs and audio books) $3,000.00 Russell and Lorraine Erickson (donation for books) $300.00 Jim and Shannon Lyons (donation for books) $500.00 Twice is Nice (donation) $100.00 Total = $3,900.00 Respectfully submitted: Kay Hultgren, secretary 111 Hassan Street SE Hutchinson, MN 55350 Website: www.hutchinsonhra.com HUTCHINSON HOUSING AND (320) A34-4251 c i3201234-4A40 Fax REDEVELOPMENT AUTHORITY ` Hutchinson HRA Regular Board Meeting February 21, 2023 Minutes 1. CALL TO ORDER: Chair Renee Lynn Johnson Kotlarz called the meeting to order. Members Present: Renee Lynn Johnson Kotlarz, Gary Forcier, Robin Kashuba and Kimberly Merwin. Staff Present: Judy Flemming a. Gary Forcier seconded. The motion carried unanimously. Robin Kashuba moved to approve the Hutchinson HRA Regular Board Meeting agenda. 2. PUBLIC COMMENTS No citizens addressed the HHRA Board of Commissioners. 3. MINUTES OF THE REGULAR BOARD MEETING ON JANUARY 17, 2023 a. Robin Kashuba moved to approve the minutes of the January 17, 2023 regular board meeting. Kimberly Merwin seconded. The motion carried unanimously. 4. FINANCIAL REPORTS Gary Forcier moved to approve the following: a. City Center General Fund payments of $9,169.03 for checks 9314 to 9318 b. City Center December 31, 2022 Adjusted Financial Statements and January 31, 2023 Financial Statements c. Park Towers Operating Account payments of $45,803.91 for checks 15929 to 15959; 2/13/2023 EFT for Visa Bill and to void check 15932 to the City of Hutchinson, Water Department because of a duplicate payment. d. Park Towers Security Deposit Account Payments of $1,427.22 for checks 1614 to 1616. Kimberly Merwin seconded and the motion carried unanimously. 5. PARK TOWERS a. Park Towers February Newsletter was presented. b. Judy Flemming presented the Park Towers Vacancy Report. Now that annual recertifications are done we will be doing more marketing. The Board also suggested to try to simplify the application packet. c. Gary Forcier moved to approve the Small Purchase over $10,000 but not exceeding $175,000 for Federal Pacific Breaker Panel and Breaker Replacement. Kimberly Merwin seconded and the motion carried unanimously. d. FYI: HUD's New HOTMA Rule 6. 1000 DALE STREET PROJECT UPDATE The Board reviewed the updated estimates to renovate and relocate the home currently at 1000 Dale Street. After a discussion of how to reduce costs took place, it was agreed to continue to pursue this project. February 21, 2023 Minutes Pagel of 2 111 Hassan Street SE Hutchinson, MN 55350 Website: www.hutchinsonhra.com HUTCHINSON HOUSING AND (320) 234-4251 a (320) 234-4240 Fax REDEVELOPMENT AUTHORITY 7. 145 GLEN STREET NW PROJECT Judy Flemming presented to the Board another possible house moving project. The EDA purchased the home at 145 Glen Street NW that needs to be removed from the property. Judy Flemming will get more details and bring it back to the Board. The Board thought maybe this home could be adapted with more handicap accessible features. 8. COMMUNICATIONS • FYI: 2022 Apartment Guide • FYI: 2022 Foreclosure • FYI: A Place to Call Home newsletter 9. ADJOURNMENT a. Kimberly Merwin moved to adjourn and Gary Forcier seconded. The motion carried unanimously. There being no other business, Chair Renee Lynn Johnson Kotlarz declared the meeting adjourned. Recorded by Judy Flemming, HRA Executive Director Gary F cier, Secretary/Treasurer n February 21, 2023 Minutes Page 2 of 2