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cp05-26-20
C Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350-2522 Phone 320-587-5151, Fax 320-234-4240 CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Tuesday, May 26, 2020 4:00 p.m. Council Chambers — Hutchinson City Center Notice is hereby given that the Hutchinson City Council has called a special workshop meeting for Tuesday, May 26, 2020, at 4:00 p.m. in the Council Chambers at the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, Minnesota for the following purpose: • 2021 BUDGET KICKOFF WORKSHOP DATED: May 21, 2020 POSTED: City Center HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, MAY 26, 2020 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER— 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — Maranatha House of Prayer (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to e recognized by the mayor— state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of May 12, 2020 CONSENT AGENDA (The items iste or consi eration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Renewal of Park Elementary Lease Agreement (b) Consideration for Approval of 2020 City Street Maintenance Overlays (c) Consideration for Approval of Letter of Support for the Dakota Rail Trail Project (d) Consideration for Approval of Issuing Short -Term Gambling License to Saturday Night Cruisers Club (e) Consideration for Approval of Resolution No. 15170 — Resolution Adopting Findings of Fact and Reasons for Approval of a Lot Split at 1055 Dale Street SW With Favorable Planning Commission Recommendation CITY COUNCIL AGENDA —May 26, 2020 (f) Consideration for Approval of Resolution No. 15171 — Resolution Adopting Findings of Fact and Reasons for Approval of a Site Plan for a Counseling Center Located at 1285 Hwy 7 West With Favorable Planning Commission Recommendation (g) Claims, Appropriations and Contract Payments — Register A APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — 6:00 P.M. 9. APPROVE/DENY PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 4-21 AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFORE 10. APPROVE/DENY AIRPORT AREA UTILITY EXTENSIONS PROJECT (LETTING NO. 4, PROJECT NO. 20-04) i. Resolution No. 15172 - Resolution Ordering Improvement and Preparation of Plans and Specifications ii. Resolution No. 15173 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids COMMUNICATIONS RE UESTS AND PETITIONS (T e purpose oj this portion oj the agenda is to provide the Council with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities) UNFINISHED BUSINESS 11. APPROVE/DENY ORDINANCE NO. 20-814 - AN ORDINANCE AMENDING CHAPTER 112 — LIQUOR REGULATIONS — TO ALLOW HOTELS (FIRST READING) NEW BUSINESS 12. APPROVE/DENY SITZ SPECIAL ASSESSMENT AGREEMENT 13. APPROVE/DENY ISSUING TOBACCO LICENSE TO DIVERSIFIED MANAGEMENT GROUP, INC. 14. APPROVE/DENY ORDINANCE NO. 20-815 — AN ORDINANCE EXTENDING LOCAL STATE OF EMERGENCY 15. UPDATE ON CITY SERVICES GOVERNANCE (T epurpose o t is portion of the agenda is to deal with organizational development issues, includingpolicies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, 2 CITY COUNCIL AGENDA —May 26, 2020 policy development and governance process items.) 16. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS �a) Hutchinson Utilities Commission Minutes from February 26 2020, and March 25, 2020 b) Public Arts Commission Minutes from March 11, 2020, and April 16, 2020 �c) Hutchinson Housing & Redevelopment Authority Board Minutes from April 21, 2020 d) Planning Commission Minutes from April 21, 2020 (e) City of Hutchinson Financial Report and Investment Report for April 2020 NHSCELLANEOUS 17. STAFF UPDATES 18. COUNCIL/MAYOR UPDATE ADJOURNMENT HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, MAY 12, 2020 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER— 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Steve Cook, Chad Czmowski, Mary Christensen and Dave Sebesta. Members were present via electronic means. Others present in the Council Chambers were Matt Jaunich, City Administrator, Marc Sebora, City Attorney and Kent Exner, City Engineer (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Christensen, second by Czmowski, to approve agenda as presented. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 2. INVOCATION — Maranatha House of Prayer (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15168 — Resolution Accepting $50.00 Donation from Bruce and Gladys Lickfelt for Law Enforcement Memorial Park Motion by Cook, second by Sebesta, to approve Resolution No. 15162. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to e recognized by the mayor— state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of April 28, 2020 Motion by Cook, second by Czmowski, to approve minutes as presented. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. CONSENT AGENDA CITY COUNCIL MINUTES May 12, 2020 (The items listed for consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA (a) Consideration for Approval of 2020 City Street Repairs (b) Consideration for Approval of 2020 Sewer Lining (c) Consideration for Approval of Developers Agreement for White Hawk Village Second Addition (d) Claims, Appropriations and Contract Payments Item 7(b) was pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve Consent Agenda I with the exception of the item noted above. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. Item 7(b) had further discussion. Council Member Cook asked what information the Public Works department has about Insituform Technologies USA, LLC who was the only company to submit a quote on the project. John Olson, Public Works Manager, explained that Insituform Technologies USA, LLC is the industry leader in this area. The quote was very close, within I%, of the estimated cost and public works staff is comfortable with approving the quote. Council Member Cook asked about detention spots that could be identified as part of the project. Motion by Cook, second by Christensen, to approve Item 7(b). Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. Mr. Olson noted that services will be able to be used the same day as work is completed. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 8. APPROVE/DENY ISSUING OFF -SALE 3.2 MALT LIQUOR LICENSE TO COBORNS INC. (CASH WISE AND HOLIDAY STORES) Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that because this is a new license, a public hearing is required. Motion by Czmowski, second by Sebesta, to close public hearing. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. Council Member Sebesta asked if there is an age requirement for the store clerks selling in the stores. Marc Sebora, City Attorney, noted that employees need to be 18 to sell 3.2% off -sale malt liquor. Motion by Cook, second by Czmowski, to approve issuing off -sale 3.2 malt liquor licenses to 2 CITY COUNCIL MINUTES May 12, 2020 Coborn's Inc. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — nay; Christensen — aye; Forcier — aye. Motion carried 4 to 1. purpose o t is portion of the age n a is to provi e t e ounci with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) 9. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY ANNUAL REPORT Jean Ward, HRA Executive Director, presented before the Council. Ms. Ward reviewed 2019 year end housing benchmarks which included: 1.) general occupancy apartment vacancy rate was 1.83%; 2.) variety of rental rates are affordable to the workforce; 3.) median rent of $675 for a two bedroom apartment and a median income of $55,705 was only 14.5% of monthly income; 4.) median resale home value was $175,000, a 6.5% increase from 2018; 5.) 23 new construction single family dwellings constructed with 165 residential lots available which is more than a five year supply at the current building rate; 6.) construction was completed on the third building of Highfield Apartments; 7.) foreclosures remained steady over the past three years, with a range of 7-12 per year; 8.) HRA assisted 14 owner -occupied properties with rehab funding; 9.) DEED approved the SCDP Rental Rehab Program for Southdale Apartments; 10.) HUD issued a Commitment to Enter into a Housing Assistant Payments to transition from Public Housing to Section 8 PBRA for Park Towers. 10. REVIEW OF FEDERAL AID PROJECT MEMORANDUM FOR TH 7/22 AND MONTANA STREET CROSSING IMPROVEMENTS PROJECT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff is preparing to submit the final draft of the Federal Aid Project Memorandum for the TH 7/22 and Montana Street Crossing improvements. The project will consist of installation of a pedestrian -activated electronic crossing warning/control system and is planned to be built in 2021. The total project estimate is $280,000. MnDOT will be funding up to 20% of the project. UNFINISHED BUSINESS NEW BUSINESS 11. APPROVE/DENY FUNDING REQUEST FROM HUTCHINSON CENTER FOR THE ARTS (RENEWAL OF $45,000 THREE-YEAR GRANT) Matt Jaunich, City Administrator, noted that the Center for the Arts (CFA) has requested renewal of the City's $45,000 three-year grant for funding of the Center for the Arts. Council Member Sebesta asked Lisa Bergh, CFA Director, what the CFA's fund balance is. Ms. Bergh noted that the CFA's balance is healthy and the organization receives grants based on the City's financial support. Council Member Sebesta asked if the CFA would be able to sustain itself for a year or two if the City is unable to provide financial assistance due to the COVID-19 pandemic. Ms. Bergh responded that the CFA relies heavily on the $15,000/year contribution and is used for general operating expenses. Council Member Christensen stressed all of the areas that the CFA programs and reaches out to. Ms. Bergh also spoke about the collaborative partnerships the CITY COUNCIL MINUTES May 12, 2020 CFA has with many organizations. Council Member Christensen commented on the positives of the City's contribution to the CFA and all the benefits CFA brings to the community. Council Member Cook noted that the City has not increased its contribution since it started and with inflation the contribution could easily be a $50,000 three year contribution. Motion by Cook, second by Czmowski, to approve funding request from Hutchinson Center for the Arts ($45,000 over three years) beginning in 2021 coming from the Community Improvement Fund. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — nay; Christensen — aye; Forcier — nay. Motion carried 3 to 2. 12. APPROVE/DENY ORDINANCE NO. 20-814 - AN ORDINANCE AMENDING CHAPTER 112 — LIQUOR REGULATIONS — TO ALLOW HOTELS Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich reminded the Council that at the last Council meeting the Cobblestone Hotel & Suites made a request that the Council consider amending Chapter 112 of the City's code to allow hotels to be issued on -sale intoxicating liquor licenses. State law allows hotels to be issued such licenses, however city code only currently allows restaurants and clubs. Mr. Jaunich noted that the revisions staff made to the current chapter were in Section 112.085 adding hotels to the establishments that can be issued on -sale intoxicating liquor license and to Section 112.087 which would not allow organizations getting temporary liquor licenses to contract with hotels for liquor service, but only with restaurants and clubs. The language in Section 112.087 is consistent with language in 112.086 related to liquor establishments that can sell at sports and cultural facilities. Mr. Jaunich also clarified that because the city has a municipal liquor store, state law allows the city to only issue on -sale intoxicating liquor licenses to restaurants, clubs and hotels. Another item that was discussed at the last meeting was that perhaps there should be a food requirement if hotels are added to the establishments that can receive liquor licenses. State law does not have a food requirement other than that a hotel must have a dining room open to the public. Council Member Cook described some research he had done on other cities and how they handle hotels — and some do have food requirements or food percentage sale requirements. Deb Brewer, Manager of Cobblestone Hotels & Suites, presented before the Council. Ms. Brewer explained that the plan of Cobblestone would be to grow the establishment's offering of food — such as pub food and/or finger food. Council Member Cook commented that the restaurant definition requires 40% food sales to 60% liquor sales, however requirements for hotels could be less. Mr. Jaunich asked for direction from the Council on how they wish to proceed with the proposed ordinance. Council Member Czmowski stated that if there is going to be a food requirement, he doesn't think the food sales requirement should be more than 20%. Council Member Christensen agreed with a 20% food sales requirement. Mr. Jaunich noted that staff could look at what other cities are doing related to hotels and food sales and maybe some cities don't have a percentage requirement but something else. Mr. Jaunich asked Ms. Brewer and Brian Forcier, owner/developer, .19 CITY COUNCIL MINUTES May 12, 2020 to supply him with a list of cities that have hotels with intoxicating liquor licenses so that they can research options they have related to food sales. Mr. Forcier spoke before the Council and noted that the hotel's pro forma and business plan included an area for liquor sales and was very surprised when they learned that they were not allowed/eligible to have a license. Mr. Forcier noted that the idea is to enhance the experience at the hotel mainly for guests and not to be a party atmosphere or a specific drinking destination. It was noted that it would be interesting to see how hotels' complimentary breakfasts are factored in to food sales. Council Member Cook would like some questions that were brought up tonight to be answered before moving forward with any ordinance revisions. Mr. Jaunich noted that staff can formulate some options for the Council to consider. Motion by Cook, second by Forcier, to table Ordinance 20-814. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 13. APPROVE/DENY RESOLUTION NO. 15169 - RESOLUTION AUTHORIZING ISSUING PRO- RATED LICENSE FEES Matt Jaunich, City Administrator, noted that at the last Council meeting it was suggested that license holders be issued prorated license fees for those establishments that have been effected by the COVID-19 business closures. This could result in approximately $9000-10,000 in refunds. Motion by Christensen, second by Forcier, to approve Resolution No. 15169. Council Member Sebesta asked for clarification whether or not the refunds be equally issued to those establishments that are completely shut down as opposed to those who have been allowed to serve some liquor with food sales. Mr. Jaunich noted that the intention is to refund equally regardless of level of closure. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 14. APPROVE/DENY REVISIONS TO VEHICLE AND EQUIPMENT POLICY Matt Jaunich, City Administrator, noted that this policy was initially put in place in 2012 when the fleet committee was established. The policy before the Council is more realistic in how the committee operates and upgraded revisions have been made to it. One of the upgraded revisions include a VCI (vehicle condition index). Council Member Cook questioned the score as they relate to replacement vehicles. Andy Reid, Finance Director/Committee Chair, presented before the Council. Mr. Reid noted that one area that needs to be studied is engine hours and repair/maintenance costs. Reid noted that fleet differs amongst departments as far as storage which effects maintenance. Reid explained that using a VCI will be more beneficial than simply using years of service. Discussion was held on the points going into the VCL Mr. Reid also provided clarification on changes made to the Vehicle & Equipment Disposition section. Discussion was also held regarding energy efficient vehicles. Council Member 5 CITY COUNCIL MINUTES May 12, 2020 Cook asked how often this policy plans to be reviewed. Mr. Jaunich stated that staff will review the policy annually as will the Council. Motion by Cook, second by Czmowski, to approve revisions to Vehicle and Equipment policy. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 15. APPROVE/DENY SETTING BUDGET WORKSHOP FOR MAY 26, 2020, AT 4:00 P.M. Matt Jaunich, City Administrator, explained that staff would like to give its annual budget kickoff presentation as it relates to the 2021 budget season. Motion by Czmowski, second by Christensen, to approve setting budget workshop for May 26, 2020, at 4:00 p.m. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. GOVERNANCE (T epurpose o t is portion of the agenda is to deal with organizational development issues, includingpolicies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 16. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Economic Development Authority Board Minutes from March 25, 2020 MISCELLANEOUS 17. STAFF UPDATES Andy Reid —Council Member Cook asked Reid how COVID-19 is effecting the City's sales tax. Mr. Reid noted that nothing has been noticed up to this point. The last payment was in February, however obviously he is projecting a significant drop, possibly a 15-20% decrease. John Olson — Mr. Olson noted that mosquito spraying will begin the Wednesday before Memorial Weekend. Mr. Olson also noted that some street repairs are occurring on good/adequate conditions as that is the most cost effective. There is some work being done on Century Avenue as well. Matt Jaunich — Mr. Jaunich clarified that filing for city offices opens on May 19t'. He will be hosting a virtual presentation that evening entitled "So You Want to be a Council Member?" to those who may be interested in filing. Spring cleanup was rescheduled to June 27, 2020, for white goods and hard goods. Mr. Jaunich also noted that no decision has been made on the opening of the aquatic center for the summer. Staff is taking it week by week and have different options to consider. A final decision will be made as late as possible. Some options could include opening as scheduled with restrictions or opening later in the season, but much will depend on guidelines and orders. 18. COUNCIL/MAYOR UPDATE ADJOURNMENT Motion by Czmowski, second by Sebesta, to adjourn at 7:30 p.m. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried m CITY COUNCIL MINUTES May 12, 2020 unanimously. HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Park Elementary Lease Agreement Department: Legal LICENSE SECTION Meeting Date: 5/26/2020 Application Complete Yes Contact: Marc A. Sebora Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: In January of 2008 the City of Hutchinson and the Independent School District #423 entered into a lease whereby the City leased North Park (the land surrounding Park Elementary School) to the school district for the days and hours that Park Elementary was being used by students. This was done to give legal authority to the school district to prevent harassment of students by certain individuals who would be in the Park for the purpose of harassing or intimidating students during the school day, rather than having to resort to calling the police every time a student was threatened by a third party. This lease is up for renewal and has been approved for renewal by the Hutchinson School Board. As I mentioned, the lease is only applicable during the days and hours that students are attending Park Elementary School and the lease requires insurance to be in place to protect the City from any potential claims. The renewal term would be from July 1, 2020, through June 30, 2024, unless terminated earlier by the parties. I recommend approval of renewing the lease agreement. BOARD ACTION REQUESTED: Approve renewal of Park Elementary Lease Agreement. 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: Lease This lease agreement is made and entered into this 1st day of July, 2020, by and between the City of Hutchinson a Minnesota municipal corporation (Lessor) and Independent School District #423 (Lessee). Whereas, Lessee operates an elementary school adjacent to the leased premises; and, Whereas, Lessee currently utilizes the leased premises for the purposes of conducting educational and school related activities; and, Whereas, from time to time school personnel have intervened in situations involving students and members of the general public for the purposes of protecting students; and, Whereas, as currently structured, Lessee, its administrators and other personnel have limited authority to prevent undesirable interaction between students and the public during school hours because the leased premises is owned by the City; and, Whereas, it is the desire of the Lessor and Lessee to ensure the safety of students at the school and, by leasing the premises, school personnel would have authority over third parties that are on the premises, Therefore, for one dollar ($1.00) and other good and valuable consideration, the parties agree as follows: Leased premises. The Lessor, in consideration of all the conditions, and some premises contained herein does hereby lease to the Lessee the following described property in the City of Hutchinson, McLeod County, Minnesota: North Park excepting therefrom the North 412.5 feet of the South 478.5 feet of the East 264 feet, South Half City of Hutchinson Lessee's Use of the Leased Premises. The Lessee agrees that the leased premises shall be used only for those uses commonly associated with the education of students. Such uses shall include, but not be limited to, recess, physical education classes, scientific and other experiments and other educational uses. Hours of Use. Lessee agrees that they shall have the ability to operate under the terms of and for the purposes of this lease between the hours of 7:00 a.m. and 4:00 p.m. each day that school is in session. Additionally, these terms are applicable one hour preceding and following school activities outside the normal hours of operation. Exclusive Use. Lessor agrees that Lessee shall have the exclusive use of the leased premises during the hours mentioned above. Lessee agrees, however, that it will use sound discretion in restricting the use of the leased premises by members of the general public. Both parties recognize that the Lessee shall have the ability to limit the use of the leased premises by third parties during the above -stated hours. Subleases. The parties agree that the Lessee does not have the ability to sublease the premises to third parties. Term. The term of this lease shall be from the last date signed below until June 30, 2024, unless terminated earlier by the parties. Improvements. Lessee shall not make improvements to the leased premises without the permission of the Lessor. All improvements so made shall become the property of the Lessor. Termination. This lease may be terminated for any reason by either party by giving the other a 90 day notice of its intention to do so. Insurance. Lessee shall have in full force and affect a policy of liability insurance for the full term of this lease naming the Lessor as an additional injured in an amount of not less than $1,500,000.00. The Lessee shall provide a certificate of said insurance policy at the time this lease is entered into. Independent Schoo �Dis #423 B Its ' By Its a].�, n City of Hutchinson By Its By Its Date J /- D.ZD Date HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: 2020 Maintenance Overlays Project, Purchase Req #020048 Department: PW/Eng LICENSE SECTION Meeting Date: 5/26/2020 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: One of the important tools for managing pavements is maintenance overlays. These are usually done on streets that are in adequate to good condition. Local repairs are done before doing the maintenance overlay, often a year or more prior to the project. For candidate streets, the work is identified and either in-house repairs or contracted repairs address the worst pavement defects. Once the street is ready, a maintenance overlay project is planned. Three contractors were solicited: Wm Mueller & Sons, Bertram Asphalt, and Astech. Requests for quotes were issued on April 22, 2020 and quotes were due back by May 15. Price quotes received were: $78,697.10 - Wm Mueller & Sons; $86,756.43 - Bertram Asphalt; Astech did not respond. The maintenance overlay consists of: 1. Placing traffic control, as necessary. 2. Protecting storm sewer inlets. 3. Milling 1.5": 4-6' from curb, 18"-24" around structures, 18"-24" at intersections. 4. Adjusting manholes, valves and other structures. 5. Apply tack. 6. Pave wear course overlay, 1.5" nominal. Streets identified for the 2020 project include Keith St SW & Steven St SW (South Grade Rd SW to Neal Ave SW) and Craig Ave SW & Laura Ave SW (cul-de-sac to Sunset St SW). These streets were identified for maintenance overlays due to their proximity to the South Central Drainage Area project, near the Rec Center/Civic Arena. The Miscellaneous Infrastructure Maintenance account budget for these projects: $113,696. BOARD ACTION REQUESTED: Approve purchase requisition #020048 to Wm Mueller & Sons for 2020 Maintenance Overlays Project for $78,697.10. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 78,697.10 Total City Cost: $ 78,697.10 Funding Source: Misc Infrastructure Maint Acct Remaining Cost: $ 0.00 Funding Source: April 22, 2020 To: From: Subject: Paving contractors John Olson, Public Works Manager 2020 Maintenance Overlay project The City of Hutchinson is asking paving contractors to submit a price quote for the City's 2020 Maintenance Overlay project. The project consists of four blocks of City streets, two of which end in cul-de-sacs. The City will be doing preparatory patching before the project begins. The scope of the project is to: • Place traffic control • Protect catch basin inlets • Mill 1.5" - 4 to 6 feet out from the curb edge (estimated quantities were calculated using 6') • Mill 1.5" - 18" to 24" around manhole and valve castings • Mill 1.5" - 18" to 24" at intersection • Adjust manhole and valve castings. o (Use of Ess Brothers & Sons, Inc, Loretto, MN steel adjusting rings is acceptable. For the most common manholes, these come in sizes 1.00", 1.25", 1.50", 1.75", 2.00" and 2.50".) • Apply tack • Overlay 1.5" nominal wear course. There are no pavement markings on these streets. Due to the scope of this project, it will require approval from the City Council. Price quotes are due by May 15. The award is tentatively scheduled for the May 26 City Council meeting. If you have questions or if you'd like me to tag along to take a look at the streets, let me know. Thanks, John Olson, 1400 Adams St SE Public Works Manager Hutchinson, MN 55350 City of Hutchinson (320) 234-4473 — office; (320) 583-8145 — cell Jolson@ci.hutchinson.mn.us w O m h O H H In IQ, 00 O 0 co W V n W lfl n3 lD l0 ^ Ln m o as v� C o ni o v � O O Ln a .y m y'Ca ^ m 111 Vl I� Ln O Y O O 0 0 0 0 0 Ln M N Ln Lfl ti N cq r-I N 17) j Q cm) � O o m m o o r m vs N N N 00 A N 00 -1-1 N 00 N N z +� t LL y v7i U 0 m= O Z Z C a N a a¢ ¢¢ 0 0 d (7 J J l7 z_ r Q� U ❑ Z Y U 7) _ O r Z Q U� ca � � V (a� N ¢ v, `^ z 0 a N U $ mcr w M w H LU x N 9 s U O j cC vv U � J U O7 ¢ r 13 o a i J Z In w F- V O z w z n m to `n F7 O ¢ 7� a > > V7 ¢ U O � O m rn D_ m VI fn d CL � N V1 u 40 L } m tl w ...� w w L •a a O, Z J o o> ❑ V Y to CD 3 3 CA r r N m m OQM O 0 0 O O O Ln rl ry Ln In w Ln In r Un N-0 m w a -0 Ln Ln Ln 1-10 O Ln .n Lo y H o rl Ln N Ln m N V v v LP LD m m m n 00 dl z N 0 N � O c ° o E � a c � �O m N � � ul z o � a � O 'a ai m ti a, a L OC r w � C C o o � o U � O � � m m � � C _ C C � O � O N Y N ao a c c � w N O o - `o m n w Lii _ � E o o ti � w Ntlp Ln G N o � � u p0 - c O v O ? a u t6 � � u 7 ro N C C •p E m v m m � Q � -o a m - � v a o o ao E N = O � � v u � _ a 9 c � o C E v �f0 i V N � y � D � Y E ^' v 7 c i L31 r o .3 LL L a . C N N fC0 m � C V N � o a _ h N m � � v Q o c U) M N > 0 w U N u A- S;c Ca A— O i (0 U o U o N €x 3i aox xi �� W • 4• w �` . tl o m xreeww A � w � $o 55 i .�h a&yam M eF - � q: h �ls is aio u u u d L C u u u LU 0 Q ui izT- 5T SW is 7 IS is y 0 u a f MY. him �. pp1N, Z) Craig Ave SW — 2,620 SY Laura Ave SW —1,770 SY 805 _ w 765 `•• �, � ��,. ;fir-'�'-.35�A4 LAU IAA AVE SW OWL a o4 65 1e744 •. 755 777 - CRAIGrAVE SW hk r-111 `''' AMIL." City of Hutchinson City to patch distressed areas prior to project 7 . Contractors r Mill curb edge 1.5" out to 6' a Mill intersection 1.5" to 18" — 24", full width ` _ �.,�-T Adjust manhole and valve castings 745 ` Wear course overlay 1.5 inch nominal ;.. NEAL AVE SW 924 ens eI m AL, .." 935. '924... j 7 LLJ ' 934 :. �" ci34 944 - .944 N Keith St SW —1,335 SY Steven St SW —1,245 SY '8Y." _ • AL lr�75 65 NEAL AVE SW J _ City of Hutchinson_ _ City to patch distressed areas prior to project 5; Contractor Mill curb edge 1.5" out to 6' Mill intersection 1.5" to 18" — 24", full width 04 Adjust manhole and valve castings Wear course overlay 1.5 inch nominal - 9 - 'V) • IR �..." s z " �• U 944 1 T4 _ 954 ti •95 954 - 955 SOUTH GRADE RD SW N �y 2020 Carried forward 132,853.87 2020 allocation 275,000.00 2020 ACTIVITY-- BUDGET/ PO/ACTUAL 2020 Alley #40 improvements 2020 Trail maintenance 2020 Trail maintenance VFW alley - City share Century Ave SW (Dale-TH 15) Denver Ave SE (TH 15- Sherwood) 2020 Patching & maintenance overlay South Grade Rd SW (School - Dale) Carried forward 2020 allocation 2020 153,949.88 286,803.75 125,000.00 400,000.00 2020 Patching & maintenance overlay Craig Ave SW (Dead end -Sunset) 36,064.00 2020 Patching & maintenance overlay Laura Ave SW (Dead end -Sunset) 31,744.00 2020 Patching & maintenance overlay Keith St SW (SGR-Neal) 23,184.00 2020 Patching & maintenance overlay Steven St SW (SGR-Neal) 22,704.00 2020 Patching & maintenance overlay ** quotes due 5/15 113,696.00 2020 Streetlight poles Pole replacements -streetlight conversion 2020 Replay application 1st app 11th Ave NE (Elm -Maple) 2020 Replay application 1st app 2nd Ave SE (Bridge) 2020 Replay application 1st app Century Ave SE (Hwy 15-Jefferson) 2020 Replay application 1st app Northwoods Ave NE (Main -Maple) 2020 Replay application 1st app Spruce St NE (College-Northwoods) 2020 Replay application 2nd app 2nd Ave NW (Franklin -Main) 2020 Replay application 2nd app 2nd Ave SE (Arch -Michigan) 2020 Replay application 2nd app 4th Ave NE (Dead-end to Adams) 2020 Replay application 2nd app SthAve NW(Montana-Kouwe) 2020 Replay application 2nd app Alaska Ct NW (Carolina -Cul-de-sac) 2020 Replay application 2nd app Carolina Ave NW (Alaska -California) 2020 Replay application 2nd app Gauger St NE (Dead -end -Hwy 7) 2020 Replay application 2nd app Hanson Dr SW (Dead end-Lyndale) 2020 Replay application 2nd app Jefferson Ct SE (cul-de-sac-Jefferson St) 2020 Replay application 2nd app Jefferson St SE (Toronto -Century) 2020 Replay application 2nd app School Rd NW (Hwy 7-Golf Course Rd) 2020 Replay application 2nd app Spruce Ct NE (6th Ave -Dead end) 2020 Replay application 2nd app Texas Cir NW (Texas-Cul de sac) 2020 Replay application 2nd app Texas Ct NW (Texas-Cul de sac) 2020 Crack repair / Seal coat Parking Lot - B1 ($10K); Parking Lot - E ($15K) 2020 Crack repair / Seal coat Airport runway (net of grant) 2020 Equip - 6-ton asphalt hot box w/ hooklift mount * 50,000 2020 Equip - mobile Compressor, blast pot, trailer, water tank, misc. * 50,000 Trailer T16DT 16' deck over tilt bed w/ 6' fixed front 13,500 Sullair 185 cfm air compressor * 24,000 Ditch Witch FX20 vacuum excavator w/ 3,000 psi pressure washer 25,000 Dustless Blaster DB225 * 9,000 Add'I hose, reel, jetter head, tools 500 275 gallon skid -mount water tank 500 * Original budget included: $50Kfor compressor/blast pot trailer/water tank/misc. The primary reason this equipment was budgeted relates to maintenance of retaining walls and other vertical concerete surfaces including bridges, tunnels, etc. The cost of contracting maintenance for these assets is very expensive, with only limited options for contractors. Using dustless blasting, Public Works staff would have the capability of doing the work in-house. Since there is no reason to purchase a asphalt hot box, a vacuum excavator was added to enhance safe excavation of post nstallations, cleaning of water valve boxes, catch basins, and facility sewer features. $50K for 6-ton asphalt hot box. After reviewing with PW staff, the decision was made to take the 6-ton hot box off of the list since we can use STRT-218-HTK STRT-218-HTK to haul 12 ton of asphalt. After using the truck several times, a tarp cover is adequate to maintain asphalt emperatures for several smaller holes, if that's necessary. 2020 Total expenditures 12/31/2020 Anticipated Balance 58,675.38 13,110.00 4,464.00 93,786.90 78,697.10 100,000.00 4,203.23 1,505.25 22,963.91 9,602.06 6,544.73 1,811.08 3,536.14 2,259.31 4,405.84 1,661.03 1,786.23 557.18 861.10 1,656.25 22,797.62 31,960.04 1,097.16 1,676.32 1,637.14 20,168.00 50,000.00 72,500.00 613,923.00 72,880.75 F, o In cri o 0 00 0 a pO � J,I o S Lil rn C M N w O m h o 11 11 . f)•1 V' 00 O N 00 n in fi I m O o0 u) tl�1 M O N Ln Ln m 6 Ln m 0 Ln N V �--I N N O V V m 3 d Lnm n m eNi ~ NLn N N m t0 •-I N Ln V o N Y y) O O In -1 -4 0 0 0 0 0 3 u a ti m n 'Q m N Lr) Ln n lf) N O ul .ti .y N N N ". tV O) N Q O O 0 o m m o O N a0 ap N oD •` N o m m Ln Ln Lf) a ni ni N ry N N W .--1 N W -4 N (.1 Q o p 00 fV N 3 w v) W w a o 0 Q J J :D In U' Z U 0 Z U O Q u? 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Q a � � o eo E E U N o o y w m Y E > c Y06 L 0 L "O c v ai b u y O C N _ m u c � '. =o v a } [O I o III� III c-1 III 1D oO10 0 1D i l o� o m n o cy cy cy M It 00 O �n 00 lD I� L!1 NI O N N N N M V1 rfl M 'n In m N � N N L!1 � N M O N u! o o n N N O m M N Ln N N M to c N V N O O 'n ti ti a m N N N N N c-I N Q1 N O O M M O m M v�i tN0 N N 'o in in N N N N N 00 c-I N 00 c-I N O O 00 N N Z O Z Z 3 g g w � w w Q o 0 ¢ M J M J V' Z U p Y Z V O C Q N Z � m u � u V F v Q U o_ O O Z F N Y X K a in V 7 m v F w X 2 N O Q Q O V W J U� K O N W z z Z_ J Z N w J ~ c R G O Ox z f O w 2 W Z > Z v, � m _O Fa O F c C Q Q O In In V 0 > z D7 D7 N N_ L _ J l.L m N N to to m z a a c-I c-1 O c-1 >i >i N M M O O In lOD In In N N In lf) lf) c-1 M M N Q Q n O O N lD M v v In lD lD O ul ul in N M M M N N N N V) N N N N a-1 N M V In lD I, 00 m m t0 Ln lD 00 N N � N o � M � p N M � N O O N N m M aj ui o c o a s v a u U O N 0 N O 00 Lr V C O E -D C Ln E ° m O N > Ln E > Z o C E 01 L o E -p cr m ti 3 c 0 O U m OU m 3 00 C 3 ; 0 cr- m � - C O v 2 � O N N -D O C 2 O N O a O L o £ `o- m` n .Q ti O/ ° @ E on E o mN 3 C N 0 C O @ ; O 3 3 ri — v C C — v O v m n = O > 'D u f6 3 � m � C O E v ._ to > " N m nD 3 v O F >In 2m v O > 9 V -D _ o O @ W oo E O W Q 9 C Q Eon In U J p F > Y E o 3 L -6 C v N m u m � O O_ C in O/ � U <6 Q v cf0i to HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approval of Letter of Support for the Dakota Rail Trail Project Department: Administration LICENSE SECTION Meeting Date: 5/26/2020 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Council member Cook is asking the City Council to consider sending a letter to the McLeod County Board of Commissioners that would encourage their continued support of the Dakota Rail Trail Project. The letter notes a request to apply for current grant funding which is due July 31. 1 have included the Letter of Support for your consideration. BOARD ACTION REQUESTED: Approve Letter of Support to be sent to the McLeod County Board of Commissioners on the Dakota Rail Trail Project Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: Office of the City Administrator 111 Hassan Street SE Hutchinson, MN 55350-2522 320-234-4241/Fax 320-234-4240 May 26, 2020 McLeod County Commissioners Attn: Joe Nagel, Chair 830 1 lth Street East Glencoe, MN 55336 RE: Support for the Dakota Rail Trail Project Dear McLeod County Commissioners, On behalf of the Hutchinson City Council, I am writing to you today to express the city of Hutchinson's continued support for the development and expansion of the Dakota Rail Trail from Lester Prairie to the city of Hutchinson, a distance of approximately 15-miles. To that end, we encourage you to continue efforts to secure Legacy grants to develop and pave the trail, including applying for a grant in the current grant cycle, if possible, due July 31. The city of Hutchinson believes that the Dakota Rail Trail will become a critical link in McLeod County's trail system because it will provide off -road connections between several communities across the county and it will connect with the Luce Line State Trail in Hutchinson to provide additional opportunities for residents and visitors to recreate and commute safely. Trails also offer valuable health benefits through the exercise and connections to nature opportunities that they provide. Paving the trail is preferred because that makes the trail accessible to more people and a greater variety of uses. This value has become even more evident with CoVid-19 as local park and trail use has significantly increased. East of McLeod County, the Dakota Rail Trail crosses Carver County and Hennepin County and is one of the most popular trails in the region, with over 573,000 annual visits. Continuing the paved trail to Hutchinson will create a unique 88-mile looped trail when combined with the Luce Line that connects to the west metro on the eastern end. This will attract more trail users and generate additional tourism revenue for area cities and the county. Furthermore, this effort will benefit snowmobilers and adjoining property owners through the bridge, culvert and other drainage improvements that would be included. Once again, the city of Hutchinson encourages you to continue working to develop the remaining portion of the Dakota Rail Trail and secure Legacy grants for that effort. Sincerely, Matthew Jaunich City Administrator CC: Sheila Murphy, County Administrator 2 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Short -Term Gambling License - Saturday Night Cruisers Car Club Department: Administration LICENSE SECTION Meeting Date: 5/26/2020 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The Saturday Night Cruisers Car Club has submitted a short-term gambling license application into administration for review and processing. The application is for raffle drawings the organization will be holding between June 1, 2020, and December 31, 2020. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short-term gambling license to Saturday Night Cruisers Car Club from June 1, 2020, to December 31, 2020. 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: * Cry 0�f' 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151 Fax: (320) 2344240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered lication Type W Short Term Date(s) June 12020 December 31 2020 Fee: $30.00 ' Month/Dav/Year — iVonth1DaY1Year Organization Information Saturday Night Cruisers Car Club 320-296-1991 Name Phone Number 1125 Blackbird Drive SW _ Hutchinson MN 55350 Address x.here regular meeting are held City State zip Federal or State ID: 41-195-6814 _ Day and time of meetings? First of the month Is this organization organized under the laws of the State of Minnesota? W yes ❑ no How long has the organization been in existence? 1999 How may members in the organization? 55 What is the purpose of the organization? To get classic car enthusiasts and the public together. In whose custody will organization records be kept? Sue Lambertson 320-296-1991 Name 1125 Blackbird Drive SW Address Duly Authorized Officer of the Organization Information _ Jeannie Tessmer _ True Name 950 Ludtke Lane NW Residence Address Hutchinson Phone Number _MN 55350 State zip 320-583-7049 Phone Number Hutchinson MN City State Date of Birth: 11/03/1952 � Place of Birth: Month/daylyear Have you ever been convicted of any crime other than a traffic offense? If yes, explain: Litchfield City ❑ yes IR no 55350 zip MN State C'ih. • of lhitchinson Application for Gambling Devices License Page Z of 3 u Desi-Rnated Gambline Manager (Qualified under Minnesota Statute $329) Sue Lambertson - Treasurer True Name 1125 Blackbird Drive SW Hutchinson Residence Address City 320-296-1991 Phone Number MN 55350 State zip Date of Birth: O'9/22/1958 Place of Birth: Lynwood CA Month/day/year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes §0 no If yes, explain: How long have you been a member of the organization? Ten Years Game Information Location # I _. 3BC - Bobbing Bobber Brewing Co. Name c?f location where game will be played 900 MN -15 S. Address of location where game will be played Date(s) and/or day(s) gambling devices will be used: Hutchinson city 320-587-5956 Phone Number MN 55350 State Gip June through December AM AM Hours of the day gambling devices will be used: From 5:00 pm PM To 8:00 pm PM Maximum number of player: Sixty Second & fourth Fridays Will prizes be paid in money or merchandise? W money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes If yes, will a charge be made for such refreshments? ❑ Xes no NOT BY US Game Information Location 42 St. Anastasia Fall Festival Name of location where game will be played 460 Lake Street Address of'localion where game will be played Hutchinson city lif no 320-587-6507 Phone Number MN Star Date(s) and/or day(s) gambling devices will be used: September 13th through 55350 e zip September 13th AM AM Hours of the day gambling devices will be used: From 10:00 am pM To 3:00 pm PM Maximum number of player: Surly Will prizes be paid in money or merchandise? money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes 'A.po If yes, will a charge be made for such refreshments? ❑ yes Ano City of Hutchinson Application for Gambling Devices License Page 3 of 3 Officers of the Or ranization i 'necessary; list additional names on se arate sheet) Ga Lambertson President _ Name Title 1125 Blackbird Drive SW Hutchinson MN 55350 Residence Address City State Zip Gary Hotovec Cruise Master Name Title 87308 HWY 71 N Danube MN 56230 Residence Address City State Zip Jeannie Tessmer Secretary Name Title 950 Ludtke Lane NW Hutchinson MN 55350 _ Residence Address City State Zi Officers or Other Persons Paid for Services Information (i necessary, list additional names on separate sheet) Name Title Residence Address City State Zip Name Title Residence Address City State Zip Name Title Residence Address Ci State Zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager Oyes ❑ no Authorized Officer ❑ yes ❑ no Initial Initial I declare that the information 1 have provided on this application is truthful, and 1 authorize the City of Hutchinson to investigate the information submitted. Also, 1 have received from the City of Hutchinson a copy of the City Ordinance,No. 114.20 relating to gambling and 1 will familiarize myself with the contents thereof. Signature of authorized officer of organization ofgambling manager of organisation Internal Use Only City Council 13 approved ❑ denied Notes: Date y 6e ( 2-a Date HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: CONSIDERATION OF LOT SPLIT 1055 DALE ST SW Department: Planning LICENSE SECTION Meeting Date: 5/26/2020 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The property owner is requesting a lot split at 1055 Dale St SW. The lot split will create two parcels. The northerly parcel is 21,316 sq. ft. and the southerly parcel is 26,836 sq. ft. The property is zoned R-1 Residential and both proposed lots will meet the lot size requirements of the R-1 Zoning District. The proposed northerly parcel includes a single family home and the southerly parcel currently includes a detached garage. The single family home is currently served with utility services. Staff understands that the applicant intends to add a utility service to the southerly lot and build a home on it when Dale St. SW is reconstructed within the next 2 to 3 years. Nodbody from the public spoke regarding this request. The request was unanimously approved by the Planning Commission. BOARD ACTION REQUESTED: Approval of lot split. 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: CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15170 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A LOT SPLIT AT 1055 DALE ST SW. FACTS 1. David Wayne Bagne is the owner of land located at 1055 Dale St SW, Hutchinson. 2. The subject property is legally described as: TRACT D OF W 1/2 NE 1/4 NW 1/4 (1.20 AC) That part of the North 683.64 feet of the West Half of the Northeast Quarter of the Northwest Quarter of Section 12, in Townshipl 16 North of Range 30 West, described as: Commencing at the northeast corner of said West Half of the Northeast Quarter of the Northwest Quarter, thence on an assumed bearing of South, along the East line of said West Half a distance of 495.70 feet to the actual point of beginning of the tract to be described; thence North 59 degrees 49 minutes 30 seconds West a distance of 145.82 feet to the centerline of State Aid Road No. 7; thence South 30 degrees 10 minutes 30 seconds West along said centerline a distance of 301.66 feet to the South line of said North 683.64 feet; thence South 89 degrees 59 minutes 30 seconds East along said South line, a distance of 277.90 feet to the East line, a distance of 187.94 feet to the actual point of beginning. David Bagne has applied to the City for a lot split at 1055 Dale St SW to divide into two lots as follows: Northerly Parcel: That part of the North 683.64 feet of the West Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 116 North, Range 30 West, McLeod County, Minnesota, described as follows: Commencing at the northeast corner of said West Half of the Northeast Quarter of the Northwest Quarter; thence on an assumed bearing of South, along the east line of said West Half of the Northeast Quarter 495.70 feet to the point of beginning of the land to be described; thence North 59 degrees 49 minutes 30 seconds West 145.82 feet to the centerline of Dale Street SW (formerly State Aid Road No. 7); thence southwesterly, along said centerline 146.00 feet; thence southeasterly, 206.65 feet to a point on said east line of the West Half of the Northeast Quarter of the Northwest Quarter distant 107.00 feet south of the point of beginning; thence North, along said east line 107.00 feet to the point of beginning. *See Attached Survey. Southerly Parcel: That part of the North 683.64 feet of the West Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 116 North, Range 30 West, McLeod County, Minnesota, described as follows: Commencing at the northeast corner of said West Half of the Northeast Quarter of the Northwest Quarter; thence on an assumed bearing of South, along the east line of said West Half of the Northeast Quarter 495.70 feet to a point hereinafter referred to as "Point A"; thence North 59 degrees 49 minutes 30 seconds West 145.82 feet to the centerline of Dale Street SW (formerly Findings of Fact — Resolution # 15170 1055 Dale St SW., Lot Split Page 2 State Aid Road No. 7); thence southwesterly, along said centerline 146.00 feet to the point of beginning of the land to be described; thence southeasterly, 206.65 feet to a point on said east line of the West Half of the Northeast Quarter of the Northwest Quarter distant 107.00 feet south of aforesaid "Point A"; thence South, along said east line 80.94 feet to the south line of said North 683.64 feet of the West Half of the Northeast Quarter of the Northwest Quarter; thence westerly, along said south line 277.90 feet to said centerline of Dale Street SW; thence northerly, along said centerline 156.19 feet to the point of beginning. *See Attached Survey. 4. The Planning Commission met on May 19, 2020, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request subject to the following findings and conditions: a) Properties must have separate utility services. b) Sewer and Water Availability Charges will be administered at the time a building permit is applied for on the southerly lot for a new dwelling unit. c) Applicant shall ensure there is appropriate lot drainage between the northerly and southerly lots when a home is built on the southerly lot. d) The southerly lot must be serviced with utilities from the water and sewer mains in Dale St. It cannot be serviced through the northerly parcel. e) The detached garage on the southerly parcel will be a non -conforming use until the time a principal structure is built on the lot. There will be no alterations or additions allowed to the garage until which time a principal use is constructed on the southerly parcel. f) The applicant shall record the lot split with McLeod County. 5. The City Council of the City of Hutchinson reviewed the requested lot split at its meeting on May 26, 2020, and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the lot split, subject to the following findings and conditions: g) Properties must have separate utility services. h) Sewer and Water Availability Charges will be administered at the time a building permit is applied for on the southerly lot for a new dwelling unit. i) Applicant shall ensure there is appropriate lot drainage between the northerly and southerly lots when a home is built on the southerly lot. j) The southerly lot must be serviced with utilities from the water and sewer mains in Dale St. It cannot be serviced through the northerly parcel. k) The detached garage on the southerly parcel will be a non -conforming use until the time a principal structure is built on the lot. There will be no alterations or additions allowed to the garage until which time a principal use is constructed on the southerly parcel. 1) The applicant shall record the lot split with McLeod County. APPLICABLE LAW 6. The lot split request meets the standards as required in Section 153.005 of the City of Hutchinson Municipal Code, Subdivision Control. Findings of Fact — Resolution # 15170 1055 Dale St SW., Lot Split Page 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a lot split to David Wayne Bagne is approved. Adopted by the City Council this 26th day of May, 2020. ATTEST: Matthew Jaunich Gary T. Forcier City Administrator Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP Date: May 14, 2020, for May 19, 2020 Planning Commission Meeting Application: Consideration of a Lot Split Located at 1055 Dale St. SW, Hutchinson. Applicant: Dave Bagne Lot Split The property owner is requesting a lot split at 1055 Dale St SW. The lot split will create two parcels. The northerly parcel is 21,316 sq. ft. and the southerly parcel is 26,836 sq. ft. The property is zoned R-1 Residential and both proposed lots will meet the lot size requirements of the R-1 Zoning District. The proposed northerly parcel includes a single family home and the southerly parcel currently includes a detached garage. The single family home is currently served with utility services. Staff understands that the applicant intends to add a utility service to the southerly lot and build a home on it when Dale St. SW is reconstructed within the next 2 to 3 years. l * Indicates property described in this notice CO 4(/ 105 =_ r C Lot Split 1055 Dale S SW Planning Commission — 5/19/20 Page 2 GENERAL INFORMATION Existing Zoning: R-1 Single Family Residential Property Location: 1055 Dale St. SW Lot Size: Proposed Northerly Parcel 21,316 sq. ft. Proposed Southerly Parcel 26,836 sq. ft. Existing Land Use: Residential Adjacent Land Use: Residential Adjacent Zoning: R-1 Residential and R4 Residential Comprehensive Plan: Residential Zoning History: None Applicable Regulations: Section 153.005 Building: There is an existing single family home and attached garage on the northerly parcel. There is a detached garage on the southerly parcel. Recommendation: Staff recommends approval of the lot split with the following conditions: 1. Properties must have separate utility services. 2. Sewer and Water Availability Charges will be administered at the time a building permit is applied for on the southerly lot for a new dwelling unit. 3. Applicant shall ensure there is appropriate lot drainage between the northerly and southerly lots when a home is built on the southerly lot. 4. The southerly lot must be serviced with utilities from the water and sewer mains in Dale St. It cannot be serviced through the northerly parcel. 5. The detached garage on the southerly parcel will be a non -conforming use until the time a principal structure is built on the lot. There will be no alterations or additions allowed to the garage until which time a principal use is constructed on the southerly parcel. 6. The applicant shall record the lot split with McLeod County. > UJ Q'- Z D W U- CD 0 n Lu > F- < < cr- 0 F- LL- ct LLJ Ica ag o- ELI Oa 3 RI. -1- �005u(� WO Zais -01 z -* Z a I 5Fn a - C -S... cr 'CD' EZ0;;2-,6gZOML,- lo, LggtvLzp- -0 lo to -Wzc --z- = =g mc,-O<n "R a: !E 0 Q: *OZ2-.2B- ZZ Z!L �6 31 fcEf 02M cvm zu_— 0 C3 iEtNt ZZLz �E= uz ..Ez. cv�k. OL,96t, A w- Z-- ..IMNEEEIW- 0 0 F. 7E;l to 00. co ID OI Q. w 00 co CCL HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: CONSIDERATION OF SITE PLAN APPROVAL 1285 HWY 7 WEST Department: Planning LICENSE SECTION Meeting Date: 5/26/2020 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 OFAGENDA ITEM: Litchfield Building Center has submitted applications for a site plan review for a new building at 1285 Hwy 7 West. The building will be approximately 4,000 square feet and is proposed to be Northstar Counseling Center. Please see attached staff report for more detailed information. Mike Huang from Litchfield Building Center spoke on behalf the applicant and noted that an engineer will be working on more detailed plans for the building permit submittal. Nobody else from the public spoke. The Planning Commission unanimously approved the Site Plan. BOARD ACTION REQUESTED: Approval of Site Plan. 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: CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15171 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A SITE PLAN FOR A COUNCELING CENTER, LOCATED AT 1285 HWY 7 W, HUTCHINSON. FACTS 1. Quade's Investments LLC is the owner of the lot at 1285 Hwy 7 W; and, 2. The subject property is legally described as: PART OF SW 1/4 SW IA 2.27 ACRES Full Legal: That part of the Southwest Quarter of the Southwest Quarter of Section Thirty-six (36) in Township One Hundred and Seventeen (117) North of Range Thirty (30) West, described as follows, to -wit: Beginning at a point on the West line of the Southwest Quarter of the Southwest Quarter of said Section 36, where said West line intersects the Northerly 75 foot right-of-way of Minnesota State Trunk Highway No. 22 and 7, said point lying North 161.4 feet from the Southwest Corner of said Section 36; thence continuing North along said Wet line for 330 feet to a point; thence deflect right at an angle of 90' 00', a distance of 193.73 feet, thence South 60' 20' East, for a distance of 222.94 feet to a point, thence South for a distance of 120 feet to the Northerly 75 foot right-of-way of said Trunk Highway No. 22 and 7; thence Westerly along said right-of-way line, 400 feet to the point of beginning in the County of McLeod and State of Minnesota. 3. Litchfield Building Center has applied for site plan approval to allow construction of a counseling center located at 1285 Hwy 7 W, Hutchinson MN. 4. The City of Hutchinson requires site plan approval to preserve and promote attractive, well -planned, stable urban conditions. The Planning Commission met on May 19, 2020 and considered the request and recommended approval of the site plan with the following conditions: a. The proposed building and site improvements shall comply with the standards of the C-4 district and the Zoning Ordinance, as well as all other City regulations. b. SAC/WAC charges will be due at the time building permits are issued. C. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work isn't fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice/assess the property owner for all associated costs. d. A detailed grading and utility plan is required to be submitted by a Professional Engineer with the building permit application. e. A Structural Engineer is required for the structural design elements of the building. f. A landscape plan must be submitted with the building permit application that is designed by a qualified landscape designer or landscape architect. Findings of Fact — Resolution # 15171 1285 Hwy 7 W Site Plan Page 2 6. The City Council of the City of Hutchinson reviewed the site plan approval at its meeting on May 26, 2020 and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the site plan with the following conditions. a. The proposed building and site improvements shall comply with the standards of the I-1 district and the Zoning Ordinance, as well as all other City regulations. b. SAC/WAC charges will be due at the time building permits are issued. C. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work isn't fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice/assess the property owner for all associated costs. g. A detailed grading and utility plan is required to be submitted by a Professional Engineer with the building permit application. d. A Structural Engineer is required for the structural design elements of the building. e. A landscape plan must be submitted with the building permit application that is designed by a qualified landscape designer or landscape architect. APPLICABLE LAW 7. The site plan review request meets the following standards as required in Section 154.174 of the City of Hutchinson Municipal Code: CONCLUSIONS OF THE LAW 8. 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 not 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 to allow construction of a counseling center located at 1285 Hwy 7 W, Hutchinson, MN is approved. Adopted by the City Council this 26th day of May, 2020. ATTEST: Matthew Jaunich City Administrator Gary T. Forcier Mayor STAFF REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP and City of Hutchinson Planning Staff Date: May 14, 2020 for May 19, 2020, Planning Commission Meeting Application: CONSIDERATION OF A SITE PLAN REVIEW FOR A PROPOSED COUNSELING CENTER AT 1285 HWY 7 WEST. Applicant: Litchfield Building Center Site Plan Review for Proposed Counseling Center Litchfield Building Center has submitted applications for a site plan review for a new building at 1285 Hwy 7 West. The building will be approximately 4,000 square feet and is proposed to be Northstar Counseling Center. CONNECTICUT $T NW 08 t 1 �,•, . 3 00. Z ... ' w r r 'I 174 r � City of Hutchinson W, �R 3 8 � -•'� a x. :jF., 380 F rz> 1212 Oddfellows Park 6114/2020, 11:15:39AM 1:2,257 ❑ ❑.0175 11.035 ❑.❑T m G.— Labeb �_ Lhban Sounday ■ Parks Street Names Aerials 24118 . 31— 3and_3 1 - -T. . . ., C.— Lab b WPIO Addresses Parcels ••• Private Roads . Red: 6and_1 , ❑ 0'03 0.06 0.12 km City Limit Ai pat ❑ Lk es G reen: band 2 . - snu ems: Esn f W. Garen GCS. ilem p INCfiEkErrT P. >JiC Esri n. MTI, E6fly-.ha'-9::'{0'$. =6n ROrea.Ead iTr-X-d} Hlkfl Std!! Esn-_t_�a•�^ tint==•_tiT=l�A-.-sI Mleotl LUurl� ILOGSI Site Plan Review 1285 Hwy 7 W Planning Commission — 5-19-2020 Page 2 GENERAL INFORMATION Existing Zoning: C-4 Fringe Commercial Property Location: Lot Size: Existing Land Use: Adjacent Land Use: Adjacent Zoning: Comprehensive Land Use Plan: Applicable Regulations: Site Plan Analysis: 1285 Hwy 7 West 2.29 Acres Vacant Commercial and Residential C4 Fringe Commercial and R-2 Medium Density Residential Commercial Sections 154.174 The City Council deems it is necessary and appropriate to require site plan approval of developments in certain zoning districts to preserve and promote attractive, well -planned, stable urban conditions. The following is an overview of site plan considerations. Building: The proposed addition to the buildings will be approximately 4,000 sq. ft. The building will be a one-story building with a gable roof. The use of the building will be an outpatient -counseling center. The proposed building would meet all applicable setback requirements. The structural design work for the building will need to be designed by a Structural Engineer. Parking/Access/Circulation The site plan is proposing 28 parking stalls, including four handicap spaces. The zoning ordinance requires so a minimum of 20 parking stalls. The site will be accessed from Shady Ridge Road NW. A detailed plan showing the curbing impacts/additions to Shady Ridge Road will be required with the building permit plans. It appears some site plan revision will be necessary to provide fire apparatus access to within 150' of all points of the building exterior. Additionally, a turnaround for fire apparatus is required. Landscapin and nd Lighting: A landscape plan will need to be prepared by a qualified landscape designer or a Landscape Architect per the requirements found in the zoning ordinance. Any lighting installed must be indirect and shall not produce glare on adjacent properties or public right of ways, as is noted in the zoning ordinance. Stormwater Management/Erosion Control: The plan shows 18, 155 sq. ft. of area to be disturbed. If more than one acre is disturbed additional erosion/sediment control is required. Stormwater treatment may be required if City of Hutchinson or MPCA Site Plan Review 1285 Hwy 7 W Planning Commission — 5-19-2020 Page 3 thresholds for stormwater treatment are met. A State NPDES Construction Stormwater Permit will be required for the proposed project. The City will review the project SWPPP with the building permit formal plan review. Grading and Utilities: The final plans will have to include a detailed grading plan that shows detailed drainage for the site, building elevations, parking lot elevation and all of the other information found on the City of Hutchinson site plan submittal handout. The final plans submitted with the building permit will need to have all of the utility service installations noted. This project will be charged a Sewer Availability Charge (SAC) and Water Availability Charge (WAC) during the building permit process. It also should be noted that this site has been known to have soil contamination in the past. If any contaminated soil is encountered during construction, it must be addressed to MPCA and EPA rules and regulations. Recommendation: Staff recommends approval of the site plan with the following conditions: I. The proposed building and site improvements shall comply with the standards of the C-4 district and the Zoning Ordinance, as well as all other City regulations. 2. SAC/WAC charges will be due at the time building permits are issued. 3. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work is not fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice/assess the property owner for all associated costs. 4. A detailed grading and utility plan is required to be submitted by a Professional Engineer with the building permit application. 5. A Structural Engineer is required for the structural design elements of the building. 6. A landscape plan must be submitted with the building permit application that is designed by a qualified landscape designer or landscape architect. 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LU o .p-r••re�a��a•,..na��Bu I� I � � r 4 a\ N ii � CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 5/13/20 - 5/26/20 Check Date -------------------- OS/08/2020 Check ----------------------- EFT1206 Vendor Name -------------------------------------------------------------- EFTPS Description ----------------------------------------------------------------------------------------------- Payroll 4/9/20 - 5/2/20 Amount ------------------------------ 62,797.58 05/08/2020 EFT1207 Child Support Payroll 4/9/20- 5/2/20 577.29 05/08/2020 EFT1208 MN Dept of Revenue Payroll 4/9/20 - 5/2/20 12,056.78 05/08/2020 EFT1209 Provident Life Insurance Payroll 4/9/20 - 5/2/20 634.72 05/08/2020 EFT1210 PERA Payroll 4/9/20 - 5/2/20 52,910.43 05/08/2020 EFT1211 TASC-Flex Payroll 4/9/20 - 5/2/20 1,679.56 05/08/2020 EFT1212 TASC-H S A Payroll 4/9/20 - 5/2/20 13,876.43 05/08/2020 EFT1213 ICMA Payroll 4/9/20 - 5/2/20 3,288.52 05/08/2020 EFT1214 VOYA Payroll 4/9/20 - 5/2/20 330.00 05/08/2020 EFT1215 MNDCP Payrol 14/9/20 - 5/2/20 350.00 05/08/2020 210586 NCPERS Payrol 14/9/20 - 5/2/20 320.00 05/08/2020 210587 HART Payroll 4/9/20 - 5/2/20 602.54 05/08/2020 210588 VOID VOID - 05/08/2020 210589 CROW RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 1,050.00 05/26/2020 210590 3D SPECIALTIES 14GA TELESPAR - SIGNS - STREETS 439.65 05/26/2020 210591 ACE HARDWARE - 1315 REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 853.57 05/26/2020 210592 VOID VOID - 05/26/2020 210593 ACE HARDWARE - 1790 MISC REPAIR & SHOP SUPPLIES - FIRE DEPT 254.39 05/26/2020 210594 ACE HARDWARE - 1825 MISC SUPPLIES - PARKS 42.57 05/26/2020 210595 ALLIED ELECTRONICS INC FAN HEATERS, CABLE MOUNTS - WWTP 1,240.86 05/26/2020 210596 ALPHA WIRELESS MONTHY MAINT ON RADIO EQUIP - POLICE 894.75 05/26/2020 210597 AMERICAN BOTTLING CO COST OF GOODS SOLD - LIQUOR HUTCH 100.08 05/26/2020 210598 AMERIPRIDE SERVICES 5/4 CLEANING SERVICES - LIQUOR HUTCH 160.32 05/26/2020 210599 ANDERSON, BEVERLY REFUND: NORTHWOODS PARK SHELTER - PARKS 45.00 05/26/2020 210600 ANDERSON, JENNIFER KARATE REFUND DUE TO COVID-19 - COMM ED 80.00 05/26/2020 210601 ANIMAL MEDICAL CENTER ON CROW RIVER APRIL PROCESSING/BOARDING FEES - POLICE 758.00 05/26/2020 210602 ANNANDALE SCHOOLS #876 REFUND: RIVERSIDE SHELTER - PARKS 50.00 05/26/2020 210603 ARTISAN BEER COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 897.55 05/26/2020 210604 AUTO VALUE - GLENCOE HYD FITTINGS & PIPE - HATS 84.93 05/26/2020 210605 BAUER BUILT INC TIRES FOR STREETS EQUIP 139.06 05/26/2020 210606 BEACON ATHLETICS BASEBALL BASES - PARKS 410.00 05/26/2020 210607 BELLBOY CORP COST OF GOODS SOLD - LIQUOR HUTCH 2,944.62 05/26/2020 210608 BERNICK'S COST OF GOODS SOLD - LIQUOR HUTCH 428.62 05/26/2020 210609 BME LAB AND SCIENCE SOLENOID VALVE REPAIR - WWTP 169.99 05/26/2020 210610 BOLTON & MENK INC. 2019 UTILITY REHAB ENGINEERING SERVICES 342.00 05/26/2020 210611 BOWERS, MARSHALL UB refund for account: 3-690-7260-2-04 2.58 05/26/2020 210612 BRANDON TIRE CO TIRE REPAIR - PARKS 70.60 05/26/2020 210613 BREAKTHRU BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 19,667.74 05/26/2020 210614 BREITKREUTZ, BREANNA REFUND: DEPOT RENTAL- PARKS 60.00 05/26/2020 210615 BRETH-ZENZEN FIRE PROTECTION 2020 SPRINKLER SYSTEM INSPECTION - LIQUOR HUTCH 195.00 05/26/2020 210616 BS&A SOFTWARE 5/1/2020 - 5/1/2021 SOFTWARE SERVICES 21,065.00 05/26/2020 210617 BUFFALO CREEK ENTERPRISES COST OF GOODS SOLD - LIQUOR HUTCH 100.32 05/26/2020 210618 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 54,999.52 05/26/2020 210619 CARS ON PATROL SHOP LLC R&M/TOWING OF MULTIPLE VEHICLES - POLICE 1,179.23 05/26/2020 210620 CASTING CREATIONS OF MN, INC PLAQUES - PARKS & COMM IMPROV 674.26 05/26/2020 210621 VOID VOID - 05/26/2020 210622 CENTRAL HYDRAULICS REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 1,300.30 05/26/2020 210623 CENTURY FENCE FENCE & GATE INSTALLATION - WWTP 11,985.00 05/26/2020 210624 CINTAS CORPORATION CLEANING SUPPLIES - MULTIPLE DEPTS 232.78 05/26/2020 210625 COCHRAN, DARLA REFUND: CHURCH RENTAL6/20/20 135.00 05/26/2020 210626 COLDSPRING ROSE NICHE FRONT- CEMETERY 262.00 05/26/2020 210627 CORE & MAIN LP WATER METERS 2,203.80 05/26/2020 210628 CORNER POST EROSION CONTROL LAWN REPAIR HYDROSEEDING - WWTP 1,096.00 05/26/2020 210629 CORRA GROUP APRIL CREDIT REPORT- POLICE 11.00 05/26/2020 210630 CREEKSIDE SOILS BITCON - STREETS 123.76 05/26/2020 210632 CTW GROUP UB refund for account: 2-035-6470-4-01 54.71 05/26/2020 210633 DAAK REFRIGERATION REPAIR COOLER DOOR - LIQUOR HUTCH 167.95 05/26/2020 210634 DELL MARKETING L.P. DELL MONITORS - MULTIPLE DEPTS 2,097.81 05/26/2020 210635 DODGE OF BURNSVILLE 2020 DODGE RAM 1500 QUAD CAB - WWTP 25,021.00 05/26/2020 210636 DOG -ON -IT -PARKS WASTE CAN LINERS - PARKS 184.00 05/26/2020 210637 DOSTAL, CHRIS REIMB: HFD SIGN FOR FRONT ENTRY - FIRE 200.00 05/26/2020 210638 DPC INDUSTRIES INC SODIUM HYPO - WATER 1,627.50 05/26/2020 210639 E2 ELECTRICAL SERVICES INC 5TH AVE/HWY 22 INTERSECTION LIGHTING - STREETS 9,820.29 05/26/2020 210640 ECOLAB PEST ELIMINATION PEST CONTROL - MULTIPLE DEPTS 232.10 05/26/2020 210641 ENVIRONMENTAL RESOURCE ASSOC CHEMICALS- WWTP 378.60 05/26/2020 210642 FAITH LUTHERAN CHURCH REFUND: SHELTER MAY 24-31- PARKS 100.00 05/26/2020 210643 FASTENAL COMPANY SHOP SUPPLIES - MULTIPLE DEPTS 601.51 05/26/2020 210644 FENRICH, TAYLOR REIMB: POLICE OFFICER'S FOOTWEAR 144.95 05/26/2020 210645 FIRST ADVANTAGE LNS OCC HEALTH SOLU DRUG TESTING FOR EMPLOYEES 337.83 05/26/2020 210646 FOSTER MECHANICAL HVAC REPAIR - LIQUOR HUTCH 910.99 05/26/2020 1210647 FREEMAN, SANDRA REFUND: SHELTER 5/24 - PARKS 50.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 5/13/20 - 5/26/20 Check Date -------------------- OS/26/2020 Check ----------------------- 210648 Vendor Name -------------------------------------------------------------- FROEMMING, CASSIE Description ------------------------------ ----------- ----------- ------------------------------------------- REFUND: DEPOT RENTAL6/7/20- PARKS Amount ------------------------------ 85.00 05/26/2020 210649 GAG SHEET METAL, INC REPAIR RTU - WATER 1,391.63 05/26/2020 210650 GAME TIME SWING HANGERS - PARKS 490.70 05/26/2020 210651 GAVIN, JANSSEN & STABENOW, LTD MARCH & APRIL SERVICES -LEGAL 6,600.00 05/26/2020 210652 GEMPLER'S INC REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 1,003.05 05/26/2020 210653 GENERAL REPAIR SERVICE REPAIR WWTP EQUIP 1,281.74 05/26/2020 210654 GILLMAN, RENA REFUND: CAMPGROUND 5/22- 5/24- PARKS 105.00 05/26/2020 210655 GITCH GEAR LLC COST OF GOODS SOLD - LIQUOR HUTCH 304.30 05/26/2020 210656 GLENCOE-SILVER LAKE SCHOOLS #2859 REFUND: RIVERSIDE SHELTER 5/27 - PARKS 50.00 05/26/2020 210657 GRAINGER MISC EQUIP PARTS & SUPPLIES - WWTP 587.83 05/26/2020 210658 GRANITE ELECTRONICS, INC. RSM - FIRE, LAPEL MIC FOR RADIOS - FIRE 67.00 05/26/2020 210659 GUSTAFSON, JUDY REFUND: CAMPING MAY 18-23 - PARKS 210.00 05/26/2020 210660 HACH COMPANY MISC CHEMICALS- MULTIPLE DEPTS 2,024.39 05/26/2020 210661 HANSEN GRAVEL INC. GRANITE, DIRT, ROCK - MULTIPLE DEPTS 916.50 05/26/2020 210662 HART'S AUTO SUPPLY ROTORS & PAD FOR INTERCEPTORS - POLICE 1,097.00 05/26/2020 210663 HEDLUND, CRYSTAL KARATE REFUND DUE TO COVID-19 - COMM ED 50.00 05/26/2020 210664 HERNANDEZ, ALEXIS REFUND: GRADUATION CANCELLED DUE TO COVID-19 - EVENT CTR 225.00 05/26/2020 210665 HICKLE, KERI REFUND: ROOM CANCELLED DUE TO COVID-19 -PARKS 63.00 05/26/2020 210666 HILLYARD / HUTCHINSON CLEANING SUPPLIES - MULTIPLE DEPTS 247.33 05/26/2020 210667 HINES, ROZETTA KARATE REFUND DUE TO COVID-19 - COMM ED 145.00 05/26/2020 210668 HJERPE CONTRACTING EMERGENCY REPAIRS & HOOK-UPS - WATER 11,834.69 05/26/2020 210669 HUTCH AUTO BODY FENDER REPAIR - POLICE 200.00 05/26/2020 210670 HUTCHFIELD SERVICES INC MAY JANITORIAL SERVICES - HATS 1,415.00 05/26/2020 210671 HUTCHINSON CO-OP FUEL & SUPPLIES - MULTIPLE DEPTS 2,803.65 05/26/2020 210672 HUTCHINSON HRA TIF ADMIN: ABISAY GARCIA & ELIZAMA MONROY 721.85 05/26/2020 210673 HUTCHINSON JAYCEES REFUND: LIQUOR LICENSE 125.00 05/26/2020 210674 HUTCHINSON UTILITIES APR UTILITIES 4/1 - 5/1-20 68,294.84 05/26/2020 210675 HUTCHINSON WHOLESALE #1550 REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 101.24 05/26/2020 210676 HUTCHINSON WHOLESALE #1552 REPAIR & MAINT SUPPLIES - PARKS 438.48 05/26/2020 210677 HUTCHINSON WHOLESALE #2520 TANKER 4 MASTER DISCONNECT SWITCH - FIRE 47.99 05/26/2020 210678 HUTCHINSON, CITY OF 4/1- 4/30 WATER & SEWER - HATS/LIQUOR HUTCH 1,200.61 05/26/2020 210679 I.M.S. SHARPENING SERVICE CATCH BASIN REPAIR - STORM WATER 3,500.00 05/26/2020 210680 INTERSTATE POWER COMPANIES INC CHAIN FOR BAGGER - COMPOST 253.86 05/26/2020 210681 J. FRANK SCHMIDT & SON CO. 2020 PLANTING GRANT TREE PURCHASES - STREETS 17,700.80 05/26/2020 210682 J. P. AUSTIN ASSOCIATES INC VERMICULITE BULK - COMPOST 10,990.00 05/26/2020 210683 JACK'S UNIFORMS & EQUIPMENT PANTS, SHIRTS - POLICE 1,750.96 05/26/2020 210684 JALLA, SRINI KARATE REFUND DUE TO COVID-19 - COMM ED 80.00 05/26/2020 210685 JAUS, RODNEY REFUND: CAMPING MAY 22-24- PARKS 105.00 05/26/2020 210686 JOHNSON BROTHERS LIQUOR CO. COST OF GOODS SOLD - LIQUOR HUTCH 36,990.24 05/26/2020 210687 JOHNSON CONTROLS FIRE PROTECTION LP 6/1/20 - 5/31/21 CONTRACT FOR EVENT CENTER 202.34 05/26/2020 210688 JOHNSON, JENNIFER REFUND FOR 5/31 DEPOT RENTAL 70.00 05/26/2020 210689 JOHNSTON, DARREON UB refund for account: 2-050-6850-7-03 37.95 05/26/2020 210690 KERI'S CLEANING & HANDYMAN SERVICES 4/30 CLEANING SERVICES - FIRE ANNUAL DEEP CLEAN 735.00 05/26/2020 210691 KIESLER'S POLICE SUPPLY INC. ROUNDS - POLICE 305.40 05/26/2020 210692 KNICK, VIRGINIA REFUND: CAMPGROUND 5/15 & 5/16 140.00 05/26/2020 210693 KNIFE RIVER CORPORATION 5000 FOOTINGS - PARKS 318.00 05/26/2020 210694 KODRU-MOONEY 18" FLG FULL PORT PLUG VALVE W/ GEAR - WWTP 6,821.74 05/26/2020 210695 KRANZ LAWN & POWER SHARPEN CHAIN - STREETS 30.00 05/26/2020 210696 LAIDEMITT, CAROLA REFUND: CAMPING MAY 22-24 - PARKS 75.00 05/26/2020 210697 LEVINE, ERIC REIMB: COURSE FOR WATER LICENSE RENEWAL 250.00 05/26/2020 210698 LITCHFIELD BUILDING CENTER PAINT & PRIMER - FIRE KITCHEN PROJECT 153.07 05/26/2020 210699 LITE ELECTRIC INC INSTALL INTERIOR LIGHTING FIXURES @ CREEKSIDE 5,300.00 05/26/2020 210700 LOCHER BROTHERS INC COST OF GOODS SOLD - LIQUOR HUTCH 66,917.95 05/26/2020 210701 LOGIS MAY NETWORK SERVICES - MULTIPLE DEPTS 6,995.00 05/26/2020 210702 LOWDEN, MAUREEN REFUND: CAMPING MAY 29-30 2 SITES - PARK 100.00 05/26/2020 210703 LUDOWESE, JORDAN REFUND: DEPOT RENTAL5/24- PARKS 75.00 05/26/2020 210704 LYNDE & MCLEOD INC. APRIL YARDWASTE ACTIVITY - COMPOST 685.71 05/26/2020 210705 MACQUEEN EQUIP LLC EQUIPMENT REPAIR PARTS - WWTP 959.54 05/26/2020 210706 MADSON, MARK REIMB: SAFETY FOOTWEAR - STREETS 104.99 05/26/2020 210707 MARCO TECHNOLOGIES, LLC APRIL COST PER PRINT- MULTIPLE DEPTS 766.21 05/26/2020 210708 MARTIN-MCALLISTER PUBLIC SAFETY ASSESSMENT - POLICE 550.00 05/26/2020 210709 MATHESON TRI-GAS INC EQUIPMENT RENTAL-WWTP 22.17 05/26/2020 210710 MATTHEW BENDER & CO. INC 7/20- 6/21 DUNNELL MN DIGEST FULL SET- LEGAL 2,038.14 05/26/2020 210711 MCKIMM MILK TRANSIT CREEKSIDE FREIGHTTO MULTIPLE LOCATIONS 301.52 05/26/2020 210712 MCRAITH, JOHN REIMB: SAFETY FOOTWEAR - PARKS 39.47 05/26/2020 210713 MEDICA JUNE MEDICAL INSURANCE 151,569.91 05/26/2020 210714 MENARDS HUTCHINSON REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 1,090.32 05/26/2020 210715 MESSAGE MEDIA U.S.A., INC MAY ACCESS FEE PHONE - POLICE 30.00 05/26/2020 210716 MEYER LABORATORY INC CLEANING SUPPLIES - PARKS 860.14 05/26/2020 210717 MID-AMERICAN RESEARCH CHEMICAL DISINFECTANT TOWELS - HATS 275.00 05/26/2020 1210718 1 MIDWEST MACHINERY CO JOHN DEERE SERIES X750 LAWN TRACTOR- WWTP 9,375.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 5/13/20 - 5/26/20 Check Date 'E7i�ii-65-0- Check 210719 Vendor Name ---- ----- MIDWEST PLAYSCA PES INC pmc� --- - - ------------------------------- --- ---- LIONS WEST PLAYGROUND EQUIPMENT INSTALL - PARKS Amount - --- ----- 3,775.00 05/26/2020 210720 MILLINER HERITAGE VINEYARD & WINERY COST OF GOODS SOLD - LIQUOR HUTCH 1,644.00 05/26/2020 210721 MINI BIFF 3/30 - 4/26 RENTAL- SHOOTING RANGE - POLICE 85.68 05/26/2020 210722 MINNESOTA CITY/COUNTY MGMT ASSOC M JAUNICH 5/1/20 - 4/30/21 MEMBERSHIP 159.24 05/26/2020 210723 MINNESOTA DEPT OF MOTOR VEHICLE 2020 DODGE RAM - W\ArTP 1,683.36 05/26/2020 210724 MINNESOTA VALLEY TESTING LAB LAB SAMPLE TESTING - MULTIPLE DEPTS 1,099.90 05/26/2020 210725 MMS CHS REFUND FOR ROTARY PARK SHELTER - PARKS 45.00 05/26/2020 210726 MOTOROLA SOLUTIONS INC MOBILES & SOFTWARE - POLICE 4,191.75 05/26/2020 210727 MURPHY GRANITE CARVING INC SUMNER MEMORIAL PROJECT - CEMETERY 150.00 05/26/2020 210728 MYGUY INC. INJECTOR, VALVE - HATS 204.22 05/26/2020 210729 NOLAN, LORI KARATE REFUND DUE TO COVID-19 - COMM ED 80.00 05/26/2020 210730 NORTH CENTRAL LABORATORIES SLIDES, COVERS, FILTERS, PIPES - W\ArTP 327.54 05/26/2020 210731 NORTHERN BUSINESS PRODUCTS CLEANING SUPPLIES - MULTIPLE DEPTS 147.07 05/26/2020 210732 NORTHERN STATES SUPPLY INC CONNECTORS, CABLE TIES - HATS 99.47 05/26/2020 210733 NORTROM, ALICIA REIMB: POLICE OFFICER'S FOOTWEAR 139.99 05/26/2020 210734 NUVERA MAY PHONE SERVICES - MULTIPLE DEPTS 6,189.99 05/26/2020 210735 OVERHEAD HOIST & CRANE SPECIALISTS SERVICE CALL: HOIST IN MAIN LS - WVlTP 225.00 05/26/2020 210736 PAUSTIS WINE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 2,422.00 05/26/2020 210737 PENMAC STAFFING SERVICES, INC. CREEKSIDE TEMPORARY STAFFING 1,946.06 05/26/2020 210738 PEOPLEREADY INC CREEKSIDE TEMPORARY STAFFING 3,672.62 05/26/2020 210739 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 21,484.06 05/26/2020 210740 PHILLIPS, KAREN KARATE REFUND DUE TO COVID-19 - COMM ED 165.00 05/26/2020 210741 PINE PRODUCTS INC MULCH - COMPOST 3,600.00 05/26/2020 210742 PIONEER MANUFACTURING CO PAINT, CLEANER - PARKS 197.70 05/26/2020 210743 PLUMBING WEST INC HRA TIF: ABISAY GARCIA & ELIZAMA MONROY 7,218.50 05/26/2020 210744 POSTMASTER JUNE SR NEWSLETTERS 132.00 05/26/2020 210745 PRATHER, NORINE UB refund for account: 1-570-0980-9-00 29.18 05/26/2020 210746 PREMIER INVESTMENT - CASEY CLARK FACADE IMPROVEMENT GRANT- ENERGY LOAN 5,000.00 05/26/2020 210747 PREMIUM WATERS 5 GALLON WATER FILLS - PARKS DEPT 38.99 05/26/2020 210748 PRO AUTO MN INC. R & M ON MULTIPLE VEHICLES - FIRE 128.42 05/26/2020 210749 PROFESSIONAL WATER TECHNOLOGIES INC [R SPECTRAGUARD ANTISCALANT BULK - WATER 5,369.00 05/26/2020 210750 QUILL QUILL CORP EXAM GLOVES - POLICE 81.99 05/26/2020 210751 AGAGO, BRENDA KARATE REFUND DUE TO COVID-19 - COMM ED 195.00 05/26/2020 210752 RAPIDS PROCESS EQUIPMENT INC LASER ALIGN RO PUMP - W\ArTP 685.00 05/26/2020 210753 REDLINE SYSTEMS INC. SMALL CONCEPT -MAIN STREET PLANTER - STREETS 2,800.00 05/26/2020 210754 REINER ENTERPRISES INC CREEKSIDE FREIGHTTO MULTIPLE LOCATIONS 11,844.65 05/26/2020 210755 RITE INC ANNUAL UNCORKED COMMERCE - LIQUOR HUTCH 2,308.50 05/26/2020 210756 RN L TRANSPORT U-C CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 2,940.00 05/26/2020 210757 RONNIE SLETTEN SERVICES LLC CABLE TRENCH DRAIN LINE IN WASH BAY - FIRE 225.00 05/26/2020 210758 ROTOCHOPPER EQUIPMENT PARTS FOR COMPOST GRINDER 967.22 05/26/2020 210759 ROY, SHARON REFUND: CAMPING MAY 28-30 - PARKS 105.00 05/26/2020 210760 RUNNING'S SUPPLY REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 296.91 05/26/2020 210761 SANDBERG, DEBRA REFUND: CAMPING MAY 27-29 - PARKS 105.00 05/26/2020 210762 SCHAEFFER MFG CO CITROL - WVlTP 247.75 05/26/2020 210763 SCHENK,KENT REFUND: CAMPING MAY 29-30 - PARKS 70.00 05/26/2020 210764 SCHIRIVERS, DEBRA REFUND: CAMPING MAY 29-30 - PARKS 30.00 05/26/2020 210765 SCHMID, KELLY REFUND: CAMPING MAY 29-30 - PARKS 210.00 05/26/2020 210766 SCHMID, MARY REFUND: CAMPING MAY 29-30 - PARKS 200.00 05/26/2020 210767 SCHREPPEL, AMBER KARATE REFUND DUE TO COVID-19 - COMM ED 50.00 05/26/2020 210768 SHADY LANE SPORTSMEN'S CLUB REFUND: EVENT CANCELLED DUE TO COVID-19 30.00 05/26/2020 210769 SIMONSON LUMBER CO HARDBOARD- PARKS 22.92 05/26/2020 210770 SITEONE LANDSCAPE SUPPLY STEEL ROTORS, RISERS - PARKS 610.02 05/26/2020 210771 SORENSEN'S SALES & RENTALS CONCRETE MIXER, COMPACTOR - PARKS 190.00 05/26/2020 210772 SOUTHERN WINE & SPIRITS OF MN COST OF GOODS SOLD - LIQUOR HUTCH 22,104.54 05/26/2020 210773 SPRING LAKE ENGINEERING APRIL SCADA SUPPORT- W\ArTP 1,498.75 05/26/2020 210774 STANDARD PRINTING-N-MAILING REMIT ENVELOPES - UB 426.55 05/26/2020 210775 STAPLES ADVANTAGE IPAD - FIRE 429.00 05/26/2020 210776 STARKE, HANNAH REIMB: SAFETY FOOTWEAR - PARKS 110.49 05/26/2020 210777 STORE SUPPLY WAREHOUSE TWO LINE LABELS - LIQUOR HUTCH 32.55 05/26/2020 210778 STOUFER, DANY REFUND: SHELTER 5/23 - PARKS 50.00 05/26/2020 210779 STREICH TRUCKING CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 3,765.00 05/26/2020 210780 STUBER, LARRY REFUND: CAMPGROUND RESERVATIONS- PARKS 350.00 05/26/2020 210781 SUN LIFE FINANCIAL MAY ADMIN FEES & DENTAL CLAIMS 1,478.20 05/26/2020 210782 SYLWESTER, CHAD REFUND: CAMPING MAY 18-30 - PARKS 455.00 05/26/2020 210783 THOMSON REUTERS-WEST MARCH/APRIL SERVICES - MULTIPLE DEPTS 2,279.07 05/26/2020 210784 TIMMERMAN, SHELLEY REFUND: CAMPING MAY 22-24 - PARKS 300.00 05/26/2020 210785 TITAN MACHINERY FAULT CODE ON DASH OF COMPOST LOADER 979.50 05/26/2020 210786 TNT REFUND: LICENSE NOT NEEDED 125.00 05/26/2020 210787 TRI COUNTY WATER BOTTLE WATER DELIVERY - POLICE 121.75 05/26/2020 210788 TRIMBO, DAVID SCRUB, SHAMPOO SERVICES - POLICE BUILDINGS 945.00 05/26/2020 210789 TRUGREEN AND ACTION PEST CONTROL 4/30 LAWN SERVICE - CEMETERY 3,370.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 5/13/20 - 5/26/20 Check Date -------------------- OS/26/2020 Check ----------------------- 210790 Vendor Name -------------------------------------------------------------- TWO-WAY COMMUNICATIONS INC Description -------------------------------- --------------- ------ ------------------------------------------ ENGINE 7, REPAIR BROKEN HEADSET - FIRE Amount ------------------------------ 225.00 05/26/2020 210791 UNUM LIFE INSURANCE CO OFAMERICA JUNE LIFE INSURANCE 2,756.95 05/26/2020 210792 URBAN SPRITE MEDIA RADIO SPOTS 4/27 - 5/4-20 - COMPOST 750.00 05/26/2020 210793 USA BLUE BOOK HYDRANT HOSE VALVE ASSEMBLY - WATER 255.54 05/26/2020 210794 VERIZON WIRELESS MAR 24 - APR 23, 2020 CITY PHONE SERVICES 3,573.91 05/26/2020 210795 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 22,526.80 05/26/2020 210796 VIKING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 226.75 05/26/2020 210797 VINOCOPIA INC COST OF GOODS SOLD - LIQUOR HUTCH 1,859.32 05/26/2020 210798 WAAGE, NANCIE REFUND: DEPOT RENTAL 5/11- PARKS 60.00 05/26/2020 210799 WASTE MANAGEMENT OF WI -MN 3/16 - 3/31-20 REFUSE - MULTIPLE DEPTS 7,425.14 05/26/2020 210800 WATERVILLE FOOD & ICE COST OF GOODS SOLD - LIQUOR HUTCH 741.56 05/26/2020 210801 WELCOME NEIGHBOR HUTCH NEW RESIDENT VISITS - LIQUOR HUTCH 60.00 05/26/2020 210802 WENCK ASSOCIATES INC CAMPBELL & OTTER LAKE RESTORATION ENGINEERING SERVICES 1,573.11 05/26/2020 210803 WEST CENTRAL SANITATION INC. APRIL REFUSE - MULTIPLE DEPTS 48,304.09 05/26/2020 210804 WIEWECK, JOYCE REFUND: SHELTER 6/27- PARKS 45.00 05/26/2020 210805 WILLETT, TAMMY REFUND: NORTHWOODS PARK 6/6 - PARKS 45.00 05/26/2020 210806 WILSON'S NURSERY INC TREES - STREETS 540.20 05/26/2020 210807 WINDSCHITL, ALAN REFUND: CAMPING MAY 22-24- PARKS 315.00 05/26/2020 210808 WIN DSCHITL, TRACI REFUND: CAMPING MAY 22-24 - PARKS 105.00 05/26/2020 210809 WINE COMPANY, THE COST OF GOODS SOLD - LIQUOR HUTCH 1,372.80 05/26/2020 210810 WINE MERCHANTS INC COST OF GOODS SOLD - LIQUOR HUTCH 4,085.48 05/26/2020 210811 WINTER, RONALD REFUND: CAMPING MAY 22-24 - PARKS 105.00 05/26/2020 210812 WM MUELLER & SONS FINE ASPHALT- STREETS 2,594.16 Total - Check Disbursements: I 1 985,028.10 Department Purchasing Card Activity - April 2020 Date Dept Vendor Name Description Amount 04/16/2020 PLANNING AMAZON Urinal floor mats 34.99 04/22/2020 PLANNING EASYKEYSCOM INC Keys 19.05 04/30/2020 PLANNING BESTBUY Cell phone headset. Approved per Matt. 70.86 04/30/2020 PLANNING AMAZON COVID - take a number system for DMV. 259.00 04/30/2020 PLANNING BESTBUY Ink cartridges for HP Office Jet 200 Mobile Printer. 90.17 04/30/2020 PLANNING AMAZON COVID-social distancing signs. 29.99 04/13/2020 PARK AND REC WHENIWORK.COM When I work 84.00 04/28/2020 PARK AND REC IN WAYZATA BAY CHARTERS Trip Refund (500.00) 04/O1/2020 CREEKSIDE SPS COMMERCE Feb 2020 SPS fees for United Hardware only 261.10 04/16/2020 CREEKSIDE SPS COMMERCE Mar 2020 SPS fees for Bomgaars and United Hardware 346.95 04/17/2020 CREEKSIDE AMAZON COVID-19 Hand sanitizer 8.05 04/17/2020 CREEKSIDE AMAZON COVID-19 Hand sanitizer 17.94 04/17/2020 CREEKSIDE AMAZON 2-way handheld radio batteries 49.98 04/17/2020 CREEKSIDE AMAZON 2-way handheld radio batteries 24.99 04/20/2020 CREEKSIDE AMAZON 2-way radio mics 29.98 04/20/2020 CREEKSIDE AMAZON 2-way radio mics 14.99 04/20/2020 CREEKSIDE AMAZON 2-way radio microphones 27.70 04/20/2020 CREEKSIDE AMAZON 2-way radio microphones 13.85 04/01/2020 FINANCE AMAZON COVID safety gloves 13.49 04/06/2020 FINANCE GOVT FINANCE OFFICERS ASSN - GFOA Finance book - Guide to Fiscal First Aid 20.00 04/14/2020 FINANCE AMAZON Legal Dept - writing pads 10.55 04/17/2020 FINANCE AMAZON Legal Dept - ballpoint pens 15.60 04/17/2020 FINANCE AMAZON COVID Purell hand sanitizer 86.40 04/21/2020 FINANCE AMAZON Metal key ring tags 4.98 04/21/2020 FINANCE AMAZON 3x3 inch note pads 8.87 04/29/2020 FINANCE AMAZON COVID face masks - 50 pack 119.97 04/01/2020 LIQUOR HUTCH MENARDS HUTCHINSON Plexiglass shields installed at registers COVID 19 38.75 04/01/2020 LIQUOR HUTCH FACEBOOK Facebook advertising 27.94 04/O1/2020 LIQUOR HUTCH INSITE SOLUTIONS, LLC Social distancing floor decals COVID 19 129.49 04/06/2020 LIQUOR HUTCH ACE HARDWARE - 1315 Cooler rail repair 2.59 04/08/2020 LIQUOR HUTCH AMAZON PPE disposable gloves COVID 19 62.53 04/08/2020 LIQUOR HUTCH QUILT HAVEN ON MAIN Fabric for masks COVID 19 50.87 04/13/2020 LIQUOR HUTCH AMAZON Vacuum cleaner bags 37.92 04/16/2020 LIQUOR HUTCH RETAIL INFORMATION TEC CloudRetailer monthly fee 213.75 04/16/2020 LIQUOR HUTCH ACE HARDWARE - 1315 Cooler rail repair 1.39 04/20/2020 LIQUOR HUTCH AMAZON 4 mouse pads replaced 16.05 04/23/2020 LIQUOR HUTCH MENARDS HUTCHINSON Misc cleaning supplies 26.99 04/23/2020 LIQUOR HUTCH AMAZON Inventory receiving copy boards 54.70 04/23/2020 LIQUOR HUTCH EIG CONSTANTCONTACT.COM Email blast advertising 70.00 04/27/2020 LIQUOR HUTCH AMAZON Magnetic strip for back of cooler slides 40.04 04/28/2020 LIQUOR HUTCH D&P CUSTOM LIGHTS Lane Open lights to help with increased traffic flow 807.34 04/28/2020 LIQUOR HUTCH ACE HARDWARE - 1315 Caulk for window repair 2.99 04/29/2020 LIQUOR HUTCH ACE HARDWARE - 1315 Misc store repairs 7.64 04/30/2020 LIQUOR HUTCH AMAZON Replacement organizer 14.19 04/15/2020 PUBLIC WORKS SEALMASTER OF MINNESOTA Asphalt Binder 287.94 04/17/2020 PUBLIC WORKS PAYPAL WW Mask Respirators 64.90 04/20/2020 PUBLIC WORKS AMERICAN PUBLIC WORKS ASSN - APWA Public Works Week Posters 35.88 04/20/2020 PUBLIC WORKS AMAZON WW Respirator Cartridges 36.91 04/20/2020 PUBLIC WORKS AMAZON WTP Folding Tables 444.24 04/21/2020 PUBLIC WORKS POLLUTION CONTROL AGENCY MPCA Conference Registration Refund (390.00) 04/21/2020 PUBLIC WORKS AMAZON WTP Electronics 157.77 04/21/2020 PUBLIC WORKS POLLUTION CONTROL AGENCY MPCA Conference Registration Refund (390.00) 04/21/2020 PUBLIC WORKS POLLUTION CONTROL AGENCY MPCA Conference Registration Refund (390.00) 04/22/2020 PUBLIC WORKS AMAZON WWTP- label tape 31.88 04/22/2020 PUBLIC WORKS AMAZON WWTP- label tape 16.49 04/22/2020 PUBLIC WORKS AMAZON WWTP- premoistened wipes 27.86 04/22/2020 PUBLIC WORKS AMAZON WWTP - door openers 85.04 04/24/2020 PUBLIC WORKS DEPARTMENT OF LABOR AND INDUSTRY Operator License Fee - Jim N. 20.00 04/27/2020 PUBLIC WORKS HOMELECTRICAL Pole Light LED Replacements 691.62 04/27/2020 PUBLIC WORKS PAYPAL WWTPEmergencyTrailer- Safety Harness 67.07 04/27/2020 PUBLIC WORKS PAYPAL WWTP Emergency Trailer- Life Line Rope 77.99 04/27/2020 PUBLIC WORKS AMAZON WWTP- label tape 21.29 04/27/2020 PUBLIC WORKS AMAZON Strobe Flashing Light 36.89 04/27/2020 PUBLIC WORKS EBAY WWTP Emergency Trailer - Waterproof Camping Dry Bag 18.98 04/27/2020 PUBLIC WORKS EBAY WWTP Emergency Trailer - Waterproof Camping Dry Bag 18.99 04/27/2020 PUBLIC WORKS PAYPAL WWTP Emergency Trailer- Fall Protection Kit 90.00 04/27/2020 PUBLIC WORKS PAYPAL WWTP Emergency Trailer- Life Line Wench 675.00 04/27/2020 PUBLIC WORKS PAYPAL Fall Protection Tripods 1,850.00 04/27/2020 PUBLIC WORKS AMAZON WWTP Respirator Cartridges 25.99 04/28/2020 PUBLIC WORKS AMAZON WWTP Hands Free Door Openers 332.46 04/28/20201 PUBLIC WORKS PAYPAL Relays for UV Panels 41.28 04/15/2020 ADMIN IGRANDVIEW LODGE IRefund of Hotel Costs for cancelled MCMA Annual Conference (258.46) Department Purchasing Card Activity - April 2020 Date Dept Vendor Name Description Amount 04/13/2020 POLICE TARGET Cleaning spray 10.74 04/14/2020 POLICE PAYPAL NTOA Team Membership 450.00 04/29/2020 POLICE AMAZON Net Gun CO2 Cartridges 19.99 04/30/2020 POLICE CIVIL AIR PATROL MAGAZINE Civil Air Patrol Magazine Advertising 295.00 04/01/2020 FIRE NORTH AMERICAN SAFETY INC Nitrile gloves for covid19 medical repsonse 71.92 04/09/2020 FIRE MSCTC MOORHEAD Return of class registration in moorehead. (90.00) 04/09/2020 FIRE DUNHAMS Duty boots Jason S. 99.99 04/09/2020 FIRE DUNHAMS Duty boots return Jason S. (99.99) 04/13/2020 FIRE DUNHAMS Duty boots Jerrod W. 99.99 04/24/2020 FIRE FIRE SAFETY USA INC Extra gloves required for covid19 exposure response 2,123.55 04/24/2020 FIRE FIRE SAFETY USA INC Flashlights, tools 227.50 04/24/2020 FIRE FIRE SAFETY USA INC Flashlights, tools 227.50 04/24/2020 FIRE FIRST TACTICAL Command vehicle backpacks 319.98 04/07/2020 IT MEMORY 4 LESS Server Memory 766.93 04/16/2020 IT BESTBUY Earbuds for remote meetings City Council 128.77 04/22/2020 IT AMAZON Phone Case John Paulson 39.26 04/22/2020 IT AMAZON Laptop cases for Covid pc's 48.30 04/22/2020 IT AMAZON Laptop case for EDA 24.15 04/23/2020 IT AMAZON Speakers Council Chambers for remote meetings 36.58 04/24/2020 IT BACKUPWORKS.COM Bar codes for tape library 123.46 04/27/2020IT AMAZON Light for Council Chambers for streaming meetings 28.98 04/27/2020 IT LOGMEIN GOTOMEETING GoToMeeting for Pandemic 11.58 04/28/2020IT AMAZON Computer Speakers for Soundbars 25.99 04/29/2020 IT AMAZON USB extender for Scanners 20.98 04/29/2020 IT BESTBUY Monitor for Scale 118.65 04/29/2020 IT BESTBUY IPAD adapter for ear buds City Council 29.13 04/29/2020 IT AMAZON (phone charger cables for Theresa 9.99 Total - P-Card Disbursements: $ 11,665.55 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATE FROM 5/13/20 - 5/26/20 Check Date Check Vendor Name Description Amount 05/26/2020 1210631 CROW RIVER GLASS INC. PLEXIGLASS FOR EVENT CENTER 400.31 Total - Check Disbursements: $ 400.31 GRAND TOTAL $ 997,093.96 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: PUBLIC HEARING TO CONSIDER ADOPTING A MODIFICATION TO THE DE� Department: EDA LICENSE SECTION Meeting Date: 5/26/2020 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: none Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 0 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: For several months now the Hutchinson EDA has been talking with a manufacturer about a project for the city's industrial park. The builder and the manufacturing company indicated to city staff today (May 19th) that they're not quite ready to move ahead with the project this month. As a result, we'd like to open the public hearing Tuesday night, then pass a motion to "continue" the public hearing until 6 PM, Tuesday, June 23rd. Complete project details would be made available at that time. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: 1. Open Public Hearing 2. Continue Public Hearing until 6PM, Tuesday, June 23rd Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Public Hearing for Airport Area Utility Extensions (1-4/P20-04) Department: PW/Eng LICENSE SECTION Meeting Date: 5/26/2020 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff has been working closely with the Minnesota Civil Air Patrol (CAP) to extend public utilities to their proposed training site within the boundaries of the City airport properties. At this point, City staff is working to deliver this project in the near future, but the ultimate approvals/award will depend on the CAP's site development authorizations and associated schedule. Following a brief project overview by City staff and potential public comments, staff will request that the City Council move forward with the final preparation of project plans/specifications and future advertisement for bids. The anticipated bid opening date is Wednesday, June 24th (11:00 AM). 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: $ 408,389.15 Total City Cost: $ 348,389.15 Funding Source: Water/Wastewater Funds (& possibly Bondintj Remaining Cost: $ 60,000.00 Funding Source: CAP's Development Agreement Fees RESOLUTION NO. 15172 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 4/PROJECT NO. 20-04 WHEREAS, a resolution of the City Council adopted the 28th day of April 2020, fixed a date for a Council Hearing on the following improvements: Airport Area Utility Extensions: Edmonton Avenue SW to Airport Road (CSAH 115); utility extensions by construction of grading, water distribution, sanitary sewer, directional drilling, restoration and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 28th day of April 2020. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Council this 26th day of May 2020. Mayor: Gary Forcier City Administrator: Matthew Jaunich RESOLUTION NO. 15173 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 4/PROJECT NO. 20-04 WHEREAS, the Director of Engineering/Public Works has prepared plans and specifications forthe following described improvement: Airport Area Utility Extensions: Edmonton Avenue SW to Airport Road (CSAH 115); utility extensions by construction of grading, water distribution, sanitary sewer, directional drilling, restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering/Public Works shall prepare and cause to be inserted in the official newspaper, the City of Hutchinson Web -Site and in Finance and Commerce, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Director of Engineering/Public Works until 11:00 am on Wednesday, June 24th, 2020, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering/Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, July 14th, 2020 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering/Public Works and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 26th day of May 2020. Mayor: Gary Forcier City Administrator: Matt Jaunich HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Ordinance No. 20-814 - Amending Chapter 112 - Liquor Regulations Department: Administration/Legal LICENSE SECTION Meeting Date: 5/26/2020 Application Complete N/A Contact: Marc A. Sebora Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff ❑ Unfinished Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Last month, the Council received a request from Cobblestone Hotel and Suites to consider amending Chapter 112 to allow hotels to be issued on -sale intoxicating liquor licenses. The Council discussed this matter at both its April 28th and May 12th Council meetings. Upon those discussions, the Council requested staff to put together ordinance revisions for the Council to consider. For your review and consideration is Ordinance No. 20-814 which includes revisions to Chapter 112 - Liquor Regulations. The main revision to the ordinance is the definition of a hotel. The draft contains various options for the Council to consider in defining a hotel which includes a requirement of food sales. The ordinance amendments also include revisions to Sections 112.085 and 112.087 which were presented at the last meeting. It was also recommended to add language pertaining to the allowing of Sunday liquor sales and the prohibition of displaying alcoholic beverages when they are not available for sale. Suggested language has been added to the ordinance as well. I will be happy to address any questions related to these revisions at the Council meeting. BOARD ACTION REQUESTED: Approve first reading of Ordinance No. 20-814 - Amending Chapter 112 - Liquor Regulations 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: Ordinance No. 18-789 An Ordinance Amending Sections of Chapter 112 — Liquor Regulations - Definitions The City Council hereby ordains: § 112.001 DEFINITIONS For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 3.2% MALT LIQUOR. Malt liquor containing not less than 0.5% alcohol by volume, nor more than 3.2% alcohol by weight. This definition includes so-called "malt coolers" within the alcoholic content limits stated herein. ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% alcohol by volume, including, but not limited to, 3.2% malt liquor, wine and liquor as defined in this section. AFFILIATE or SUBSIDIARY COMPANY. A company in which a manufacturer or its stockholders own a majority of the stock. APPLICANT. Any person making an application for a license under this chapter. APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as a request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. BREWER. A person who manufactures 3.2% malt liquor for sale. BUSINESS RECORDS. Include, but are not limited to, articles of incorporation, bylaws, corporate minutes, records of sale and shipping documents, as well as lists of complaints whether or not those complaints have resulted in a filing with an appropriate government agency, and also include records relating to any litigation threatened or commenced against a license holder arising out of the operation of licensed premises pursuant to the license granted herein. CLUB. (1) An incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans' organization, which: (a) Has more than 50 members; (b) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; and (c) Is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose. (2) No member, officer, agent or employee shall receive any profit from the distribution or sale of beverages to the members of the CLUB, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. The CLUB or congressionally chartered veterans' organization must have been in existence for at least three years. COMMISSIONER. The State Commissioner of Public Safety. HOTEL. An establishment where food and lodging are regularly furnished to transients and which has: (1) A resident proprietor or manager; (2) A dining room serving the general public at tables and having facilities for seating at least 30 guests at one time; and (3) At least ten guest rooms. A HOTEL qualifying under this chapter shall submit proof to the City Council that not less than (10) (20) (40)% of the gross sales of the establishment for which the on -sale license is to be used are from the serving of food. (The fair market value of complimentary food and beverages shall be included in this calculation.) (Complimentary food and beverages are not included in this calculation) •' (Complimentary food and beverages provided during hours in which alcohol is served are included in this calculation) •' (Complimentary food and beverages provided during hours in which alcohol is served are not included in this calculation) Upon the request of the City Administrator, the applicant shall submit a financial statement signed by an independent accountant that indicates the total gross sales of the establishment and the total food sales of the RESTAURANT for the calendar year or fiscal year preceding the date of the renewal application. Have no percentage requirements at all for hotels? Not less than (10) (20) (40)% of the combined gross sales from alcohol and food sales of the establishment for which the on -sale license is to be used are from the serving of food. Upon the request of the City Administrator, the applicant shall submit a financial statement signed by an independent accountant that indicates the total gross sales of the establishment and the total food sales of the HOTEL for the calendar year or fiscal year preceding the date of the renewal application. AND Make same changes for restaurants? INDEPENDENT ACCOUNTANT. An accountant engaged in the practice of public accountancy who is not an employee of, on the staff of or otherwise affiliated with the licensed premises or the party holding the license at issue. An accountant who derives more than one- third of his or her gross income from services performed for the license holder is not INDEPENDENT, as defined herein. The term INDEPENDENT ACCOUNTANT includes, but is not limited to, certified public accountants and licensed public accountants. INTOXICATING LIQUOR or LIQUOR. Ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight. This definition includes so-called "wine coolers" and "malt coolers" within the alcoholic content limits stated herein. LICENSE. A document, issued by the city to an applicant, permitting him or her to carry on and transact the business stated therein. LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein. LICENSEE. An applicant who, pursuant to his or her approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the city for carrying on the business stated therein. LICENSED PREMISES. The premises described in the issued license. MALT LIQUOR. Any 3.2% malt liquor, ale or other beverage made from malt by fermentation and containing not less than 0.5% alcohol by volume. MANUFACTURER. Every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces alcoholic beverages for sale. MEAL. Entrees and sandwiches offered on a restaurant menu. The term does not include appetizers, snacks and non -meal -related food. MINOR. Any natural person who has not attained the age of 21 years. OFF -SALE. The sale of alcoholic beverages in original packages for consumption off the licensed premises only. ON -SALE. The sale of alcoholic beverages for consumption on the licensed premises only. PACKAGE and ORIGINAL PACKAGE. Any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler. RESTAURANT. An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and having seating capacity for at least 30 guests. A RESTAURANT qualifying under this chapter shall submit proof to the City Council that not less than 40% of the gross sales of the establishment for which the on -sale license is to be used are from the serving of food. Upon the request of the City Administrator, the applicant shall submit a financial statement signed by an independent accountant that indicates the total gross sales of the establishment and the total food sales of the RESTAURANT for the calendar year or fiscal year preceding the date of the renewal application. SALE, SELL and SOLD. All barters and all manners or means of furnishing alcoholic beverages to persons, including the furnishing in violation or evasion of law WHOLESALER. Any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse. WINE. A beverage made without rectification or fortification by the fermentation of sound ripe grapes, grape juice, other fruits or honey, and also carbonated wine, wine made from condensed grape must, wine made from other agricultural products, imitation wine, compounds sold as WINE, vermouth, cider, perry and sake, containing not less than 0.5%, nor more than 14%, alcohol by volume. This definition includes so-called "wine coolers" within the alcoholic content limits stated herein. (2004 Code, § 112.001) (Ord. 93-76, passed 3-23-1993; Ord. 98-217, passed 2-10-1998) § 112.002 LICENSE FEES; FIXING; REFUNDING. (A) Fixing fees. Except as otherwise specifically provided, all fees for licenses provided for in this chapter, including, but not by way of limitation, license fees, investigation and administration fees, shall be fixed and determined by the Council, adopted by ordinance and uniformly enforced. The fees may, from time to time, be amended by the Council by ordinance. A copy of the ordinance shall be kept on file in the office of the City Administrator and open to inspection during regular business hours. For the purpose of fixing these fees, the Council may categorize and classify; provided that, the categorization and classification shall be included in the ordinance authorized by this section. (B) Refundment. A pro rata share of an annual license fee for a license to sell alcoholic beverages, either on -sale or off -sale, shall be refunded to the licensee, or to his or her estate, if: (1) The business ceases to operate because of destruction or damage; (2) The licensee dies; (3) The business ceases to be lawful for a reason other than a license revocation or suspension; or (4) The licensee ceases to carry on the licensed business under the license. (2004 Code, § 112.002) GENERAL LICENSING; PROCEDURES AND REQUIREMENTS § 112.015 APPLICATION AND FEE (A) Application. All applications shall be made at the office of the City Administrator upon forms prescribed by the city, or if by the Commissioner, then together with additional information as the Council may desire. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. Every application for the issuance or renewal of an alcoholic beverage license must include a copy of each summons received by the applicant during the preceding year under M.S. § 340A.802, as it may be amended from time to time. Upon the request of the City Administrator, the applicant shall make the books and records of the business available for inspection at any time either before the license is issued or during the period of time the license is in full force and effect. (B) False statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in an application, or any willful omission to state any information called for on the application form shall, upon discovery of that falsehood, work an automatic refusal of license or, if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter, or any part thereof. (C) Application and investigation fees. At the time the initial application is made, an applicant for a license under this chapter shall accompany the application with payment of a fee to be considered an application and investigation fee, not refundable to the applicant, to cover the cost of the city in processing the application and the investigation of the applicant. No application fee shall be required of an applicant for a temporary 3.2% malt liquor license. (2004 Code, § 112.015) (Ord. 93-76, passed 3-23-1993) Penalty, see § 10.99 § 112.016 LICENSE PROCEDURES. (A) Hearing. Prior to granting an initial liquor license, a public hearing shall be held by the Council after notice by at least one publication in the official newspaper at least ten days prior to the hearing. Opportunity shall be given any person to be heard for or against granting the license. After the hearing, the Council may, in its discretion, grant or refuse the license. A public hearing may be held, but is not required, on renewal of liquor licenses and other licenses under this chapter. (B) Granting. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this chapter. Prior to consideration of any application for a license, the applicant shall pay the license fee and, if applicable, pay the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before consideration by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. (C) Issuing. If an application is approved, the City Administrator shall forthwith issue a license pursuant thereto in the form prescribed by the city or the Commissioner, as the case may be, and upon payment of the license fee. All licenses shall be on a calendar year basis unless otherwise specified herein. For licenses issued and which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described. (D) Transfer. The license granted under this chapter is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application, except in the case in which an existing non -corporate licensee is incorporating and the incorporation does not affect the ownership, control or interest of the existing licensed establishment. An establishment licensed under this chapter shall immediately notify the city of the sale or transfer of the establishment. The City Council, in its discretion, may execute a management agreement which covers the period of time between the sale or transfer of the business and the issuance of the new owner's license and this management agreement shall thus control of all intoxicating liquor sales in the existing licensee or a manager responsible to the existing licensee. The agreement shall be approved by the City Council. (E) Refusal and termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application including any application to renew a liquor license or any other license under this chapter. Licenses shall terminate only by expiration, revocation or refund under the circumstances provided for herein. (F) Public interest. No license under this chapter may be issued, transferred or renewed if the results of any investigation show, to the satisfaction of the Council, that the issuance, transfer or renewal would not be in the public interest. (G) Revocation or suspension. The Council may revoke or suspend, for a period of time it deems proper, a license granted under the provisions of this chapter, or impose a civil fine not to exceed $5,000 for each violation on a finding that the licensee has failed to comply with a statute, regulation or provision of this code of ordinances relating to alcoholic beverages. Upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of 3.2% malt liquor, wine or liquor upon premises of the licensee, a license granted under the provisions of this chapter may be suspended or revoked. License revocation shall be immediate if mandated by statute. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing under the Administrative Procedures Act, being M.S. §§ 14.001 to 14.69, as they may be amended from time to time, as may be determined by the Council in action calling the hearing. The hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than 15, nor more than 30, days prior to the hearing date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this chapter, and in addition to grounds for revocation or suspension stated in this code or statute, the following shall also be grounds for this action: (1) The licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of 3.2% malt liquor, wine or intoxicating liquor; (2) The licensee had knowledge of illegal acts upon licensed premises, but failed to report the same to police; (3) The licensee failed or refused to cooperate fully with police in investigating alleged illegal acts upon licensed premises; or (4) The activities of the licensee created a serious danger to public health, safety or welfare. (H) Corporate applicants and licensees. A corporate applicant, at the time of application, shall furnish the city with a list of all persons who have an interest in the corporation and the extent of that interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Administrator in writing of any change in legal ownership or beneficial interest in the corporation or in its shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any license shall be revoked 30 days after this type of change in ownership or beneficial interest of shares unless the Council has been notified of the change in writing and has approved it by appropriate action. The Council, or any officer of the city designated by it, may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. (2004 Code, § 112.016) (Ord. 95-144, passed 4-25-1995; Ord. 98-217, passed 2-10-1998; Ord. 00-280, passed 7-25-2000; Ord. 04-384, passed 7-27-2004) Penalty, see § 10.99 § 112.017 DUPLICATE LICENSES. Duplicates of all original licenses under this chapter may be issued by the City Administrator without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of the fee adopted by ordinance of the Council for issuance of the duplicate. All duplicate licenses shall be clearly marked "Duplicate". (2004 Code, § 112.017) § 112.018 POSTING REQUIRED. All licensees shall conspicuously post their licenses in their places of business. (2004 Code, § 112.018) § 112.019 RESIDENT MANAGER OR AGENT. (A) Before a license is issued under this chapter to an individual who is a non-resident of the city, to more than one individual whether or not they are residents of the city, or to a corporation, partnership or association, the applicant or applicants shall appoint in writing a natural person who is a resident of the city as its manager or agent. This resident manager or agent shall, by the terms of his or her written consent: (1) Take full responsibility for the conduct of the licensed premises; and (2) Serve as agent for service of notices and other processes relating to the license. (B) This manager or agent shall be subject to an investigation and shall be a person who, by reason of age, character, reputation and other attributes, could qualify individually as a licensee. If the manager or agent ceases to be a resident of the city or ceases to act in that capacity for the licensee without appointment of a successor, the license issued pursuant to this appointment shall be subject to revocation or suspension. (2004 Code, § 112.019) § 112.020 ELIGIBILITY. (A) No license under this chapter may be issued to: (1) A person not a citizen of the United States or a resident alien; (2) A person who within five years of the license application has been convicted of a willful violation of a federal or state law, or local ordinance governing the manufacture, sale, distribution or possession for sale or distribution of alcoholic beverages; (3) A person who has had an alcoholic beverage license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than 5% of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business or firm in which any thus -described person is in any manner interested; or (4) A person under the age of 21 years. (B) No person holding a license from the Commissioner as a manufacturer, brewer or wholesaler may have any ownership, in whole or in part, in a business holding an alcoholic beverage license from the city. (2004 Code, § 112.020) § 112.021 RENEWAL. Applications for renewal of all licenses under this chapter shall be made at least 60 days prior to the date of expiration of the license, and shall contain information as is required by the city. This time requirement may be waived by the Council for good and sufficient cause. (2004 Code, § 112.021) § 112.022 DELINQUENT TAXES AND CHARGES. No license under this chapter shall be granted for operation on any premises upon which taxes, assessments or installments thereof, or other financial claims of the city, are owed and are delinquent and unpaid. (2004 Code, § 112.022) § 112.023 PARKING REQUIREMENTS. (A) No initial license shall be granted for operation on premises unless those premises include a surfaced off-street parking area within 100 feet of a public entrance and have a parking capacity of one car space for each three people of seating capacity. (B) This off-street parking area shall be owned or leased by the owner of those premises; or, in the sole discretion of the City Council, the parking requirement may be satisfied by the use of municipal parking facilities (off-street) if the same are located within 100 feet of a public entrance to the license holder's premises. (2004 Code, § 112.023) (Ord. 98-217, passed 2-10-1998) § 112.024 CONDITIONAL LICENSES. Notwithstanding any provision or law to the contrary, the Council may, upon a finding of the necessity therefor, place special conditions and restrictions, in addition to those stated in this chapter, upon any license as it, in its discretion, may deem reasonable and justified. (2004 Code, § 112.024) § 112.025 PREMISES LICENSED. Unless expressly stated therein, a license issued under the provisions of this chapter shall be valid only for a space that is compact and contiguous situated on the premises described in the license, and all transactions relating to a sale under the license must take place on the licensed premises. It is the responsibility of the license holder to advise the City Council of any substantial remodeling of the premises, including, but not limited to, any enlarging, alteration or extension of the premises. (2004 Code, § 112.025) (Ord. 98-217, passed 2-10-1998; Ord. 14-0735, passed 10-28-2014) § 112.026 FINANCIAL RESPONSIBILITY; INSURANCE CERTIFICATE. (A) Financial responsibility of licensees. (1) Proof. No alcoholic beverage license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility, imposed by statute, by filing with the city a certificate that there is in effect an insurance policy or pool providing minimum coverages of: (a) Fifty thousand dollars because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence; and (b) Fifty thousand dollars for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000 for loss of means of support of two or more persons in any one occurrence. (2) Exception. This division (A) does not apply to on -sale 3.2% malt liquor licensees with sales of 3.2% malt liquor of less than $25,000 for the preceding year, nor to off - sale 3.2% malt liquor licensees with sales of 3.2% malt liquor of less than $50,000 for the preceding year, nor does it apply to holders of on -sale wine licenses with sales of wine of less than $25,000 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this division (A). (3) Documents submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the city under this division (A) shall be submitted by the city to the Commissioner. (B) Insurance certificate requirements. (1) Whenever an insurance certificate is required by this chapter, the applicant shall file with the City Administrator a certificate of insurance showing: (a) The limits are at least as high as required; (b) Coverage is effective for at least the license term approved; and (c) The insurance will not be cancelled or terminated without 30 days' written notice served upon the City Administrator. (2) Cancellation or termination of coverage shall be grounds for license revocation. (2004 Code, § 112.026) LICENSED PREMISES; REGULATIONS § 112.040 INSPECTIONS. (A) In light of the high risk of involvement with illegal conduct an establishment serving intoxicating liquor poses to the general public, the Police Department, or other designee of the City Council, shall have the right to enter, inspect and search the licensed premises without a search and seizure warrant during the hours in which the licensed premises are open for the sale of intoxicating liquor. The business records of the licensee, including income tax returns, shall be available for inspection during the hours in which the licensed premises are open for the sale of intoxicating liquor. (B) In light of the high risks associated with the sale of alcoholic beverages, all premises licensed under this chapter shall at all times be open to inspection by any police officer to determine whether or not this chapter and all other laws are being observed. Business records of the licensee shall also be available for inspection by city officials during the days in which the licensed premises are open for the sale of alcoholic beverages. (2004 Code, § 112.040) (Ord. 98-217, passed 2-10-1998) § 112.041 PREMISES AMENDMENT. A holder of an on -sale intoxicating liquor license shall notify the City Council, at least 30 days in advance, of any event in which the licensee proposes to amend the liquor license premises to provide for liquor service in a compact and contiguous area not included in the original license application. The City Council, in its sole discretion, shall consider, review and rule upon all these amendments to the licensed premises. (2004 Code, § 112.041) (Ord. 98-217, passed 2-10-1998) § 112.042 EMPLOYER RESPONSIBILITY. Any sale of an alcoholic beverage in or from any premises licensed under this chapter by any employee authorized to make that sale in or from that place is the act of the employer as well as of the person actually making the sale; and every employer is liable to all of the penalties, except criminal penalties, provided by law for that sale, equally with the person actually making the sale. (2004 Code, § 112.042) § 112.043 GAMBLING PROHIBITED. It is unlawful for any licensee to keep, possess or operate, or permit the keeping, possession or operation, on licensed premises, of dice or any other gambling device, or permit raffles to be conducted, except those as are authorized by statute or this code of ordinances. (2004 Code, § 112.043) Penalty, see § 10.99 § 112.044 NUDITY AND OBSCENITY PROHIBITED. (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. NUDITY. Uncovered, or less than opaquely covered, post -pubertal human genitals, pubic areas, the post -pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. SEXUAL CONDUCT. Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, in an act of apparent sexual stimulation or gratification. SEXUAL EXCITEMENT. The condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. (B) Unlawful act. It is unlawful for any person issued a license provided for in this chapter to permit upon licensed premises any nudity by any agent, employee, patron or other person. (2004 Code, § 112.044) Penalty, see § 10.99 UNLAWFUL SALES, POSSESSION AND CONSUMPTION § 112.055 MINORS; PROOF OF AGE. (A) Consumption. It is unlawful for any: (1) Licensee to permit any minor to consume alcoholic beverages on licensed premises; or (2) Minor to consume alcoholic beverages, except in the household of the minor's parent or guardian, and then only with the consent of that parent or guardian. (B) Purchasing. It is unlawful for any: (1) Person to sell, barter, furnish or give alcoholic beverages to a minor unless that person is the parent or guardian of the minor, and then only for consumption in the household of that parent or guardian; (2) Minor to purchase or attempt to purchase any alcoholic beverage; or (3) Person to induce a minor to purchase or procure any alcoholic beverage. (C) Possession. It is unlawful for a minor to possess any alcoholic beverage with the intent to consume it at a place other than the household of the minor's parent or guardian. Possession of an alcoholic beverage by a minor at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the minor's parent or guardian. (D) Entering licensed premises. It is unlawful for any minor, as defined in this chapter, to enter licensed premises or the Municipal Liquor Dispensary for the purpose of purchasing or consuming any alcoholic beverage. (1) It is not unlawful for any person who has attained the age of 18 years to enter licensed premises for the following purposes: (a) To perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; (b) To consume meals; or (c) To attend social functions that are held in a portion of the establishment where liquor is not sold. (2) It is unlawful for a licensee to permit a person under the age of 18 years to enter licensed premises unless attending a social event at which alcoholic beverages are not served, or in the company of a parent or guardian. (E) Misrepresentation of age. It is unlawful for a minor to misrepresent his or her age for the purpose of purchasing an alcoholic beverage. (F) Proof of age. Proof of age for purchasing or consuming alcoholic beverages may be established only by a valid driver's license, a state identification card or, in the case of a foreign national, by a valid passport. (2004 Code, § 112.055) Penalty, see § 10.99 § 112.056 OPEN CONTAINERS RESTRICTED. (A) Except when authorized through a liquor license, franchise or other permission granted by the City Council, it is unlawful for any person to consume or possess, in an unsealed container, any alcoholic beverage on or in any: (1) City park between the hours of 10:00 p.m. and 8:00 a.m.; (2) Street; (3) Public property; (4) Private parking lot to which the public has access; or (5) Any business not licensed to sell alcoholic beverages. (B) This section shall not apply to the possession of an unsealed container in a motor vehicle when the container is kept in the trunk of that vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. (2004 Code, § 112.056) (Ord. 14-0734, passed 10-28-2014) Penalty, see § 10.99 § 112.057 ALCOHOLIC BEVERAGES ON SCHOOL GROUNDS RESTRICTED. It is unlawful for any person to introduce upon, or have in his or her possession upon or in, any school ground, schoolhouse or school building, any alcoholic beverage, except for experiments in laboratories and except for those organizations which have been issued temporary licenses to sell 3.2% malt liquor, and for any person to possess 3.2% malt liquor as a result of a purchase from those organizations holding temporary licenses. (2004 Code, § 112.057) Penalty, see § 10.99 § 112.058 UNLAWFUL SALES AND CONSUMPTION. (A) It is unlawful for any person to knowingly induce another to make an illegal sale or purchase of an alcoholic beverage. (B) It is unlawful for any licensee to sell or serve an alcoholic beverage to any person who is obviously intoxicated. (C) It is unlawful for any licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises. (D) It is unlawful for any licensee to sell an alcoholic beverage on any day, or during any hour, when that sale is not permitted by law. (E) It is unlawful for any licensee to allow consumption of an alcoholic beverage on licensed premises on any day, or during any hour, when that consumption is not permitted by law. (F) It is unlawful for any person to purchase an alcoholic beverage on any day, or during any hour, when that sale is not permitted by law. (2004 Code, § 112.058) Penalty, see § 10.99 § 112.059 OTHER UNLAWFUL ACTS. (A) No person shall consume, nor shall any on -sale licensee permit, any consumption of alcoholic beverages in an on -sale licensed premises more than 30 minutes after the time when a sale can legally occur. (B) No on -sale licensee shall permit any glass, bottle or other container containing alcoholic beverages to remain upon any table, bar, stool or other place where customers are served, more than 30 minutes after the time when a sale can legally occur. (C) No person, other than the licensee and any employee, shall remain on the on -sale licenses premises more than 30 minutes after the time when a sale can legally occur. (D) No licensee shall display alcoholic beverages at any time that alcoholic beverages are not available for sale. (E) Any violation of any condition of this section may be grounds for revocation or suspension of the license. (2004 Code, § 112.059) (Ord. 08-0501, passed 5-13-2008) Penalty, see § 10.99 3.2% MALT LIQUOR § 112.070 LICENSE REQUIRED. (A) It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale or otherwise dispose of 3.2% malt liquor, as part of a commercial transaction, without a license therefor from the city. (B) This section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding 3.2% malt liquor licenses from the city. (C) Annual on -sale 3.2% malt liquor licenses may be issued only to drug stores, restaurants, hotels, bowling centers, clubs and establishments used exclusively for the sale of 3.2% malt liquor with the incidental sale of tobacco and soft drinks. (2004 Code, § 112.070) Penalty, see § 10.99 § 112.071 TEMPORARY 3.2% MALT LIQUOR LICENSE. (A) Applicant. A club or charitable, religious or non-profit organization shall qualify for a temporary on -sale 3.2% malt liquor license. (B) Conditions. (1) An application for a temporary license shall state the exact dates and place of proposed temporary sale. (2) No applicant shall qualify for a temporary license for more than a total of seven days in any calendar year. (3) The Council may, but at no time shall, it be under any obligation whatsoever to, grant a temporary 3.2% malt liquor license on premises owned or controlled by the city. This type of license may be conditioned, qualified or restricted as the Council sees fit. (a) If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $100,000 for injury to any one person and $300,000 for injury to more than one person, and $10,000 for property damage, naming the city as an insured during the license period. (b) The license shall be issued only on the condition that the applicant will not sell in excess of $10,000 (retail value) worth of 3.2% malt liquor in any calendar year, and thereupon shall be exempt from proof of financial responsibility as provided for herein. (2004 Code, § 112.071) § 112.072 HOURS AND DAYS OF SALES. No sale of 3.2% malt liquor shall be made between the hours of 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between the hours of 1:00 a.m. and 10:00 a.m. on Sunday. (2004 Code, § 112.072) (Ord. 97-213, passed 11-25-1997) Penalty, see § 10.99 INTOXICATING LIQUOR § 112.085 LICENSE REQUIRED. (A) It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale or otherwise dispose of intoxicating liquor as part of a commercial transaction, without a license therefor from the city. (B) This section shall not apply to: (1) Potable liquors as are intended for therapeutic purposes and not as a beverage; (2) purposes; (3) on -sale wine licensee; (4) Commissioner; or Industrial alcohol and its compounds not prepared or used for beverage Wine in the possession of a person duly licensed under this chapter as an Sales by manufacturers to wholesalers duly licensed as such by the (5) Sales by wholesalers to persons holding intoxicating liquor licenses from the city. (C) The city may issue annual on -sale intoxicating liquor licenses only to restaurants and clubs , hotels or congressionally chartered veterans' organizations; provided that, liquor sales will be made only to members and bona fide guests. The city, at the option of the City Council, may also issue joint 3.2% malt liquor and wine licenses. The City Council may, at its sole discretion, provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on -sale intoxicating liquor license issued by the city. A license from the Commissioner is also required. (2004 Code, § 112.085) (Ord. 95-146, passed 4-25-1995; Ord. 98-217, passed 2-10-1998) Penalty, see § 10.99 § 112.086 SPORTS, CONVENTION OR CULTURAL FACILITIES LICENSE. The Council may authorize any holder of an on -sale intoxicating liquor license, which under this section shall include clubs and restaurants, issued by the city or by an adjacent municipality, to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports, convention or cultural facility owned by the city, or instrumentality thereof having independent policy -making and appropriating authority and located within the city. The licensee must be engaged to sell liquor at the event by the person or organization permitted to use the premises, and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. These sales may be limited to designated areas of the facility. All sales of this type shall be subject to all laws relating thereto. (2004 Code, § 112.086) (Ord. 02-309, passed 3-26-2002; Ord. 02-309, passed 4-23-2002) Penalty, see § 10.99 § 112.087 TEMPORARY INTOXICATING LIQUOR LICENSE. (A) License authorized. Notwithstanding any provision of this code of ordinances to the contrary, the Council may issue a license for the temporary on -sale of intoxicating liquor in connection with a social event sponsored by the licensee. This license may provide that the licensee may contract with the holder of a full -year on -sale license, which under this section shall include clubs and restaurants issued by the city, for liquor catering services. (B) Applicant. The applicant for a license under this section must be a club or charitable, religious or other non-profit organization in existence for at least three years. (C) Terms and conditions of license. (1) No license is valid until approved by the Commissioner. (2) No license shall be issued for more than three consecutive days. (3) All licenses and licensees are subject to all provisions of statutes and this code relating to liquor sale and licensing. The licensee shall provide proof of financial responsibility coverage and, in the case of catering by a full -year on -sale licensee, the caterer shall provide proof of the extension of that coverage to the licensed premises. (4) Licenses may authorize sales on premises other than those owned or permanently occupied by the licensee. (D) Insurance required. The Council may, but at no time shall it be under any obligation whatsoever to, grant a temporary intoxicating liquor license on premises owned or controlled by the city. This type of license may be conditioned, qualified or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the city, the applicant shall agree to indemnity, defend and hold harmless the city and file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $300,000 for injury to any one person, $1,000,000 for injury to more than one person and $10,000 for property damage, naming the city as an insured during the license period. (2004 Code, § 112.087) § 112.088 HOURS AND DAYS OF SALES No on -sale of intoxicating liquor shall be made between the hours of 1:00 a.m. and 8:00 a.m. on Sunday, nor between 12:00 midnight and 8:00 a.m. on Monday, nor between the hours of 1:00 a.m. and 8:00 a.m. on Tuesday through Saturday. No off -sale of intoxicating liquor shall be made on Sundays, except between the hours of 11:00 a.m. and 6:00 p.m., nor before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday, nor on Thanksgiving Day; or Christmas Day, December 25. No sale of intoxicating liquor shall be made after 8:00 p.m. on December 24. No delivery of alcohol to an off- sale licensee may be made by a wholesaler or accepted by an off - sale licensee on a Sunday. No order solicitation or merchandising may be made by a wholesaler on a Sunday. A restaurant, club, or hotel which has seating capacity for lease 30 persons and which holds an on — sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 8:00 AM on Sundays and 12:00 AM on Mondays. An establishment serving intoxicating liquor on Sundays must obtain a Sunday license. The license must be issued by the City Council for a period of one year, and the fee for a license may not exceed $200. (2004 Code, § 112.088) (Ord. 96-172, passed 9-10-1996; Ord. 97-213, passed 11-25-1997; Ord. 98-217, passed 2-10-1998; Ord. 10-0558, passed 9-14-2010) Penalty, see § 10.99 § 112.089 ON -SALE WINE LICENSE REQUIRED. (A) It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale or otherwise dispose of wine on -sale, as part of a commercial transaction, without a license therefor from the city. (B) This section shall not apply to: (1) Sales by manufacturers to wholesalers duly licensed as such by the Commissioner; (2) Sales by wholesalers to persons holding on -sale or off -sale intoxicating liquor licenses from the city; (3) Sales by wholesalers to persons holding on -sale wine licenses from the city; or (4) Sales by on -sale intoxicating liquor licensees on days and during hours when on -sale liquor sales are permitted. (2004 Code, § 112.089) Penalty, see § 10.99 § 112.090 HOURS AND DAYS OF WINE ON -SALES. No on -sale of wine shall be made between the hours of 1:00 a.m. and 10:00 a.m. on Sunday, nor between the hours of 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday. (2004 Code, § 112.090) (Ord. 97-213, passed 11-25-1997) Penalty, see § 10.99 § 112.091 INTOXICATING MALT LIQUORS. (A) It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale or otherwise dispose of intoxicating malt liquors, as part of a commercial transaction, without a liquor license pursuant to either § 112.085 of this chapter or this section. A holder of an on -sale wine license who is also licensed to sell 3.2% malt liquors at on -sale and whose gross receipts are at least 60% attributable to the sale of food, may sell intoxicating malt liquors at on -sale without any additional license from the city. (B) The seller qualifying under this section shall submit proof to the City Council that not less than 60% of the gross sales of the establishment are from the serving of food. Upon request of the City Administrator, the seller shall submit a financial statement signed by an independent accountant that indicates the total gross sales of the establishment and the total food sales of the seller for the calendar year or fiscal year preceding the date of the seller's license renewal application. (2004 Code, § 112.091) (Ord. 95-140, passed 3-28-1995) Penalty, see § 10.99 § 112.092 INTOXICATING LIQUOR OR ON -SALE WINE LICENSE; REGULATIONS AND RESTRICTIONS. (A) Licenses in connection with premises of another. A license may not be issued to a person in connection with the premises of another to whom a license could not be issued under the provisions of this chapter. This division (A) does not prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a non -citizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of this chapter. (B) Employment of minors. No person under 18 years of age may sell or serve intoxicating liquor or wine on licensed premises. (C) Premises eligible. On -sale wine licenses shall be granted only to restaurants, as defined in this chapter; provided, however, for purposes of this section, the restaurant shall have appropriate facilities for seating not less than 25 guests at one time. (2004 Code, § 112.092) (Ord. 98-217, passed 2-10-1998) Penalty, see § 10.99 § 112.093 CATERERS; SPECIAL PROVISIONS. (A) City Council findings. The City Council makes the following findings regarding the need to enact additional sale provisions governing persons selling or furnishing alcoholic beverages pursuant to a caterer's permit issued pursuant to M.S. § 340A.404(12), as it may be amended from time to time. This statute authorizes the holder of such a permit to provide alcoholic beverages at unlicensed locations; provided that, the sale is incidental to a larger food service. This division (A) is enacted in order to preserve the incidental nature of the caterer's permit and to preserve the underlying state and local framework for permanent on -sale intoxicating liquor licenses. The issuance of a caterer's permit does not allow a person to, in effect, operate a permanent on -sale intoxicating liquor establishment; rather it entitles the person to provide temporary alcoholic beverages as an incidental part of a food service that prepares meals at special locations apart from the licensee's permanent location. The location requirements in this section for the sale of alcoholic beverages at catered events are enacted to assure compliance with existing state and local provisions regarding on -sale licenses. Numerous events conducted at one location where alcoholic beverages are provided by caterers thwarts the licensing scheme for permanent on -sale intoxicating liquor establishments. (B) Regulations. Events that are catered in accordance with M.S. § 340A.404(12), as it may be amended from time to time, shall comply with the following additional sale provisions. (1) No one location shall have more than 48 days of catered events in one calendar year at which alcoholic beverages are served to the general public, and in no case shall any one event of this type be for more than four consecutive days. (2) All such caterer's licenses shall be approved by the City Council, although no public hearing shall be required. (2004 Code, § 112.093) (Ord. 98-217, passed 2-10-1998) Penalty, see § 10.99 MUNICIPAL LIQUOR DISPENSARY § 112.105 ESTABLISHMENT. A Municipal Liquor Dispensary is hereby established to be operated within the city for the off -sale of alcoholic beverages. The Dispensary shall be at a place or places as the Council shall determine and may be either leased or owned by the city. It shall be in the charge of a person known as the manager who shall have assistants as may be necessary. (2004 Code, § 112.105) § 112.106 LIQUOR DISPENSARY FUND. A Liquor Dispensary Fund is hereby created into which all revenues received from the operation of the Dispensary shall be paid, and from which all operating expenses shall be paid. Any surplus accumulating in this Fund may, from time to time, be transferred to the General Fund by ordinance of the Council, and expended for any municipal purpose. (2004 Code, § 112.106) CONSUMPTION AND DISPLAY § 112.120 LICENSE REQUIRED. It is unlawful for any business establishment or club not holding an on -sale liquor license to directly or indirectly, or on any pretense or by any device, sell, barter, keep for sale or otherwise dispose of any liquid for the purpose of mixing the same with liquor, or permit its members to bring and keep a personal supply of liquor in lockers assigned to those members, without a license therefor from the city. (2004 Code, § 112.120) Penalty, see § 10.99 § 112.121 RESTRICTIONS AND REGULATIONS. (A) Eligible licensees. (1) Consumption and display permits may be issued only to: (a) An applicant who has not, within five years prior to the application, been convicted of a felony or of violating any provision of this chapter or rule adopted under this chapter; (b) A restaurant; (c) A hotel; (d) An establishment licensed for the sale of 3.2% malt liquor; (e) A resort as defined in section M.S. § 157.15, as it may be amended from time to time; (f) A club as defined in section M.S. § 340A.101, Subd. 7, as it may be amended from time to time, or an unincorporated club otherwise meeting that definition; and (g) A bed and breakfast facility as defined in M.S. § 340A.4011, Subd. 1, as it may be amended from time to time. (2) A consumption and display permit may not be issued to a club holding an on -sale intoxicating liquor license. (3) If the license issued under this section is cancelled, suspended or revoked or allowed to lapse, for whatever reason, no renewal or reissuance of the annual license under this section will be permitted. (B) Application. Application for a license under this section shall be made at least ten days in advance of the effective date for the license, and the application shall be referred to the Chief of Police, who will make an investigation to determine whether issuance of the license would cause a nuisance to any adjoining property owners, or if the license should be denied for any other reason. (C) Unlawful act. It is unlawful to sell liquor on licensed premises. (D) License expiration. In order to coordinate the expiration of a consumption and display license with a state permit, all licenses shall expire on March 31 of each year. (E) State permit required. Licenses shall be issued only to holders of a consumption and display permit from the Commissioner. (F) Lockers. A club to which a license is issued under this section may allow members to bring and keep a personal supply of liquor in lockers on the club's premises. All bottles kept on the premises must have attached labels signed by the member. No minor may keep a supply of liquor on club premises. (G) Hours and days. No licensee may permit a person to consume or display liquor, and no person may consume or display liquor, between 1:00 a.m. and 10:00 a.m. on Sundays, or between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. (2004 Code, § 112.121) (Ord. 97-213, passed 11-25-1997; Ord. 13-717, passed 9-10-2013) Penalty, see § 10.99 § 112.122 ONE -DAY CONSUMPTION AND DISPLAY LICENSE. (A) License required. Any non-profit organization desiring to serve liquids for the purpose of mixing with liquor and permitting the consumption and display of liquor in conjunction with a social activity sponsored by it, shall first obtain a license therefor from the city. It is unlawful for any such organization to fail to obtain this license. (B) Term. The term of this license shall be one day only. (C) Application. Application for a license under this section shall be made at least ten days in advance of the effective date for the license, and the application shall be referred to the Chief of Police, who will make an investigation to determine whether issuance of the license would cause a nuisance to any adjoining property owners, or if the license should be denied for any other reason. (D) Limitation on number. The city shall issue no more than ten licenses in any calendar year. (E) License fee. The fee for a one -day license is $25. (F) Approval. In addition to Council approval, the license must be approved by the Commissioner of Public Safety. (2004 Code, § 112.122) Penalty, see § 10.99 LICENSES RELATED TO BREWERS § 112.135 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BREW ON -PREMISE STORE. Facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. BREW PUBS. Brewer that is a restaurant with a full on -sale intoxicating liquor license that brews their own beer for consumption on their licensed premise only. BREW PUBS OFF -SALE. Brew pubs (as defined in this section) may sell product (growlers) brewed on -premise to be consumed off -premise in 64 oz. bottles or 750 ml. bottles. BREWER OFF -SALE (GROWLERS). A brewer who brews less than the amount of barrels indicated in M.S. § 340A.301, Subd. 6(d ) and (c), as it may be amended from time to time, of malt liquor in a year may sell malt liquor brewed by the brewer for consumption off - premise. BREWERS. Persons who manufacture malt liquor for sale. TAPROOMS. Allows for sale of the brewer's own beer for consumption at the brewery location. (Ord. 14-08731, passed 8-12-2014) § 112.136 TAPROOM LICENSE. A brewer licensed under M.S. § 340A.301, Subd. 6(c), (i), or 0), as it may be amended from time to time, may be issued an on -sale liquor license for the "on sale" of malt liquor produced on the licensed premises, subject to the following conditions: (A) The on -sale of malt liquor may only be made during the days and hours that "on - sale" of liquor may be made. (B) A brewer may only hold one brewer taproom license under this chapter. (C) The only beverage alcohol that may be sold or consumed on the premises of a brewery taproom will be the malt liquor produced by the brewer upon the brewery premises. (D) The annual license fee shall be set in accordance with M.S. § 340A.408, as it may be amended from time to time. (E) Liquor liability insurance is in effect in the coverage amounts indicated in § 112.026 of this chapter. (F) Licensed brewer taprooms may operate a restaurant on the premises without additional l i c e n sure . (G) License holders under this section are exempt from the restaurant requirements as defined in § 112.001 of this chapter. (Ord. 14-08731, passed 8-12-2014) Penalty, see § 10.99 § 112.137 SMALL BREWER OFF -SALE LICENSE. A brewer licensed under M.S. § 340A.301, Subdivision 6(d), (i), or 0), as it may be amended from time to time, may be licensed for the "off -sale" of malt liquor produced and packaged on the licensed premises, subject to the following conditions: (A) Off -sale of malt liquor may only be made during the hours that "off -sale" of liquor may be made; (B) The malt liquor shall be packaged in sixty -four -ounce containers commonly known as "growlers" or in 750 milliliter bottles; (C) The malt liquor sold at "off -sale" must be removed from the licensed premise before the applicable closing time at exclusive liquor stoves; (D) The "growler" must be sealed in such a manner that the seal must be broken in order to open the container and the seal must bear the name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor and bear the name and address of the brewer selling the malt liquor. (E) The annual license fee shall be set in accordance with M.S. § 340A.408, as it may be amended from time to time. (F) Liquor liability insurance is in effect in the coverage amounts indicated in § 112.026 of this chapter. (G) The establishment must pass inspection by the Minnesota Alcohol and Gambling Division. (Ord. 14-08731, passed 8-12-2014) Penalty, see § 10.99 § 112.138 BREW PUB ON -SALE LICENSE. (A) A brew pub license holder must be a restaurant as defined in § 112.135 of this chapter with a full on -sale intoxicating liquor license. (B) An applicant for the brew pub on sale license must meet all of the requirements imposed by the city for the issuance of an on -sale intoxicating liquor license. (C) A brew pub on -sale license holder may brew their own malt liquor for consumption on their licensed premise only. (D) A brew pub on -sale license holder must be in conformity with M.S. § 340A.301, Subd. 7(b), as it may be amended from time to time. (E) The license holder must pass inspection by the Minnesota Alcohol and Gambling Division. (Ord. 14-08731, passed 8-12-2014) Penalty, see § 10.99 § 112.139 BREW PUB OFF -SALE LICENSE. (A) An applicant for the brew pub off sale license must meet all of the requirements imposed by the city for the issuance of an on -sale intoxicating liquor license. (B) The malt liquor to be sold for off -premise consumption shall be packed in 64 oz. bottles commonly known as "growlers" or in 750 ml. bottles in conformity with M.S. § 340A.301, Subd. 7(b), as it may be amended from time to time. (C) The annual license fee shall be set in accordance with M.S. § 340A.408, as it may be amended from time to time. (D) Hours and days of malt liquor sales under this license by the brewer cannot exceed those days and hours of sale of the exclusive municipal liquor store. (E) The establishment must pass inspection by the Minnesota Alcohol and Gambling Division. (Ord. 14-08731, passed 8-12-2014) Penalty, see § 10.99 § 112.140 BREW ON -PREMISE STORE. (A) Alcoholic beverages may not be sold or otherwise provided to customers of a brew on premises store, unless the owner of the brew on premises store holds the appropriate liquor license. (B) Customers using the brew on premises store must be of the minimum age required to purchase intoxicating liquor. (C) Malt liquor brewed by a customer in the store must not be sold and must be used by the customer solely for personal or family use. (Ord. 14-08731, passed 8-12-2014) Penalty, see § 10.99 Adopted by the City Council this day of , 2020. Gary T. Forcier, Mayor Attest: Matthew Jaunich, City Administrator HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approve/Deny Special Assessment Agreement with Hazel Sitz Living Trust Department: Administration LICENSE SECTION Meeting Date: 5/26/2020 Application Complete N/A Contact: Matt Jaunich/Marc Sebora Agenda Item Type: Presenter: Matt Jaunich/Marc Sebora Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Back in November, the City Council discussed a request from Hazel Sitz regarding a deferred assessment. I've included a copy of the letter the City received along with a memo and assessment roll regarding this item that was discussed back in November. Briefly, this project was originally done to facilitate the building of Harmony River. The At the November meeting, the City Council staff directed staff to work with Ms. Sitz on a new agreement that would extend the deferred assessment. The Hospital paid Sitz's share to get project going —Sitz was to pay hospital after 10 years. Sitz had hoped to use land sales to pay the assessments but had little luck, only selling one lot and was only able to pay off $7,000.00 of the original assessment of $266,000. All of the remaining assessment was to be paid by this June 22. Because her land hasn't sold, Ms. Sitz has come to the city to ask that the agreement be extended another 10 years. The At the November meeting, the City Council staff directed staff to work with Ms. Sitz on a new agreement that would extend the deferred assessment. Staff has worked with Ms. Sitz and her Attorney on an agreement over the past couple of months. Staff feels the agreement is at a level we are comfortable with and are presenting it to the Council for your consideration. Highlights from the agreement include the following: • In the new (or extended) agreement, Sitz acknowledges the improvements to her property and agrees that the benefit to her property because of the improvements outweighs the cost of the improvements • Sitz waives the right to appeal (or contest) the current assessment amount. (The remaining assessment is $296,226.97. $30,000 of interest has accrued over the last 10 years. No further interest will accrue on this amount and the City will have to pay the hospital off) • The outstanding assessment must be paid at the time the property is sold or transferred to a non- family member. (Transfers to children and grandchildren are permitted in the 10 years of the agreement presumably for tax planning purposes) • At the end of the day, all of the assessments must be paid by June 22, 2030 BOARD ACTION REQUESTED: Approve/Deny Special Assessment Agreement with Hazel Sitz Living Trust Fiscal Impact: $ 296,226.97 Funding Source: Community Improvement Fund FTE Impact: Budget Change: Yes Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Office of the City Administrator 111 Hassan Street SE Hutchinson, MN 55350-2522 320-234-4241/Fax 320-234-4240 Memo To: Mayor Forcier and City Council Members From: Matt Jaunich, City Administrator Date: 11/26/19 Re: Sitz Deferred Assessment Request Back in late August, city staff received a letter (attached) from Hazel Sitz on a deferred assessment that is set to be activated in late 2020 for payment in 2021. Since receiving that letter, staff has spent some time reviewing the request and doing some background investigation into the original assessment. City staff is now at a point where they would like to discuss this request with the City Council. Background The assessment in question dates back to work that was done in 2010. The project included the extension of Sherwood Street SE from Edmonton Avenue SE to Airport Road SE (CSAH 115). The project included a new roadway construction and utility infrastructure installations. The assessment on the Sitz property at that time was $273,135.99. It is my understanding that this project was done to facilitate the construction of the Harmony River Living Center. This was somewhat of a unique assessment in that Hutchinson Health ended up covering the full costs of the Sitz assessment ($273,135.99) on a temporary basis (until 2021). This was done through an agreement with the City that noted that Hutchinson Health would eventually be reimbursed for the Sitz assessment. The agreement between the City and Hutchinson Health noted that the City would reimburse Hutchinson Health the full assessment amount with any interest beginning in 2021 when the deferred assessments will be collected. The agreement also noted that Hutchinson Health would be reimbursed prior to 2021 if development was initiated on the adjacent property. Lastly the agreement noted that if the assessment was paid in full prior to the activation of the deferred assessment, the City would reimburse Hutchinson Health for 50% of the interest for years 1 to 10 (2011 to 2020). Where we are today Since the assessment was originally deferred in 2011, a portion of the land was sold and developed. The result of that sale of land meant that a portion of the assessment ($7,063.86) was paid to the City in 2016 leaving the current balance of $266,072.13. If not paid off by the end of next year, the deferment and its payment are set to begin in 2021. A copy of the 10 year deferral payment plan has been included with this memo. Please note that in staffs conversations with Hutchinson Health, Hutchinson Health anticipates receiving payments beginning in 2021. As you consider the request that is in front of you, please keep in mind that the property has received a benefit, which includes water, sanitary sewer, storm sewer, and access/roadway improvements to the site. On top of that, the actual timing of future private development was never a condition of the established assessment terms, except that if development occurred prior to the assessments being implemented in 2021. With that being said, staff would encourage to the City Council to work with Ms. Sitz on her request. Ms. Sitz was a willing partner on this proj ect back in 2010 and the proj ect likely would not have taken place without her assisting the City. Please keep in mind that any new arrangement would likely still include the City needing to pay off the Hospital. Staff is not looking for any action on Tuesday, but for some direction on how to approach this request. Please let me know if you have any question or need any additional information. Matt 2 August 22, 2019 Matt Jaunich, City Administrator City Center Hutchinson, MN 55350 Re: Deferred Assessment on Sitz Property ID# R23.492.0010 $266,072 Dear Mr. Jaunich: Pursuant to conversations that my Attorney, Dan Mahon, and 1 have had with you and other City staff and officials recently, I am making the following request of the City of Hutchinson: The above assessment of $266,072 was placed on the Sitz property in 2010, when the approximately 35 acres of agricultural land was incorporated into the city limits at the time development began to occur in the area. The assessment was deferred for 10 years, to be activated in 2020 and then paid over 10 years at $26,607 per year, plus 4 percent interest, or until the property is sold. Since 2010, the property has remained in agricultural use, with the exception of about one acre which was sold, and on which the assessment was paid. Up until this time, there has been no indication of interest by potential buyers/developers; therefore, I anticipate it will continue to be rental farmland for the foreseeable future. Annual rental income from the 35.03 acres is currently about $7900 and real estate taxes are $2784, resulting in annual net income from the property of about $5,000. I believe the upcoming annual payments of $26,607 plus interest are greatly disproportionate to the current income potential of the property. Therefore, I respectfully request that the City of Hutchinson defer this assessment and interest for another ten years, or until the property can be sold. Thank you for your consideration of this request, Sincereiy, Hazel Sitz CCjjT 1300 Sherwood St SE, #102 Hutchinson, MN 55350 32.0-587-3369 hmsitzz@hutchtel.net cc: Kent Exner, Director of Public Works/City Engineer Marc Sebora, City Attorney (Daniel Mahon, Attorney ESTIMATED PAYMENTS ON ASSESSMENTS SPREAD OVER 10 YEAR PERIOD PROPERTY ADDRESS: 1550 SHERWOOD ST SE, HUTCHINSON MN CITY PID# 07-116-29-14-0021 COUNTY PID# 23.492.0010 10 YEAR SPREAD SA-509413I1-2P17-02 ' SA-5094B - DUE TO DEFERRAL OF IMPROVEMENT ASSESSMENTS AGAINST OTHER ADJACENT SHERWOOD PROPERTY (SIT2 PROPERTY - PID 07-116.29-1s-0020) THAT POTENTIALLY DOES NOT RI RECEIVE IMMEDIATE BENEFIT FROM THE PROJECT BEING CONSTRUCTED AT THIS TIME, HAHC (WHICH DOES RECEIVE IMMEDIATE PROJECT BENEFIT) WILL TEMPORARILY INCUR THE COSTS ASSOCIATED WITH ANY ASSESSMENT DEFERRALS- THUS, AN ADDITIONAL $273,135.99 OF IMPROVEMENT ASSESSMENTS WOULD BE ALLOCATED TO HAHC AT THE START OF THE PROJECT AND WILL BE PAID IN FULL (WITHOUT ANY ACCRUED INTEREST) PRIOR TD NOV. 15, 2010 (PAID 1111512010 BY HAHC R£CEIPT9150345y. ULTIMATELY, THE CITY WILL REIMBURSE THE $273.135.99 WITH ANY INTEREST (ACCRUED AND PAID TO THE CITY BY THE ADJACENT PROPERTY OWNER OVER THEIR RESPECTIVE ASSESSMENT PAYMENT PERIOD) TO J•IAHC BEGINNING APPROXIMATELY ELEVEN YEARS FROM THE PROJECT START (WHEN THE DEFERRED ASSESSMENTS WILL BE COLLECTED) OR PRIOR TO THEN IF DEVELOPMENT IS INITIATED ON THE ADJACENT PROPERTY. IF SIT ASSESSMENT 15 PAID IN FULL IN YEAR 11 (2021). CITY WILL REIMBURSE HAHC FOR 501 OF INTEREST FOR YEARS 1 TO 10 (2011 TO 2020). ACTIVATE 2020 FOR COLLECTION IN 2021. ' 08J2212016 - ASSESSMENT SPLIT! $7,063.86 OF DEFERRED SA5094B ON 07.116.2%.14.0020 WAS SPLIT TO 07.116.29.144022 AND PAID OB122J2016 CROW RIVER TITLE Clip 3442 - RECEIPTP 33704. THE CITY PAID 57,063-86 TO HUTCH HEALTH UG11212018 CIS# 201213. THE REMAINDER, $266,072-13, WAS SPLIT TO 07-116-29.14.0021 & REMAINS IN DEFERRED STATUS WITH ACTIVATION IN 2020 FOR COLLECTION IN 2021. ' SA5094A ORIGINAL AMOUNT OF DEFERRED ASSESSMENT WAS $273,135.99, ON 08/22/2016 THE ASSESSMENT WAS SPLIT DUE TO BETKER DEVELOPMENT AS FOLLOWS: $7,063.86 OF DEFERRED SA5094B ON 07-116-29-14-0020 WAS SPLIT TO 07.116-29-14-0022 AND PAID 0812212016 (REC# 33704) & PAYMENT WAS MADE BY CITY TO HUTCH HEALTH 06112/2018 Ck# 201213. THE REMAINDER, $266,072.13, WAS SPLIT TO 07-116.29-14.0021 AS SA5094B & REMAINS IN DEFERRED STATUS WITH ACTIVATION IN 2020 FOR COLLECTION IN 2021. Yearly Estimated Total Principal 1st Year Estimated Estimated Original Spread Over Interest Interest Rate Assessment Estimated Assessment Year I Balance 10 Years Rate = After 1st Year = Payment Year Payoff 10 4.67% 4 00% Prin. 4 Int. $266,072.13 2021 $266,072.13 $26,607.21 $12,416.70 $39,023.91 2021 $239,464,92 2022 $239.464.92 $26,607.21 $9,578,60 $36,185.81 2022 $212,857,70 2023 $212,857,70 $26,607.21 $8,514,31 $35,121,52 2023 $186,250.49 Interest for the 1st year is 2024 $186,250,49 $26,607.21 $7,450.02 $34,057.23 2024 $159,643,28 2025 $159,643.28 $26,607,21 $6,385.73 $32,992.94 2025 $133,036.07 2026 $133,036.07 $26,607.21 $5,321,44 $31,928.66 2026 $106,428,85 From Nov 2020 2027 $106,428.85 $26,607.21 through Dec 2021 $4,257.15 $30,864,37 2027 $79,821.64 [14 months). 2028 $79,821-64 $26,607.21 $3,192.87 $29,800.08 2028 $53,214,43 2029 $53,214.43 $26,607.21 $2.128.58 $28,735.79 2029 $26,60721 2030 $26,607.21 $26,607.21 $1.064.29 $27,671,50 2030 $0.00 2031 $0.00 $0.00 $0-00 $0.00 2031 $0.00 Total $266,072.13 $60,309.68 $326,381.81 Interest for the 1st year is for 14 months and the rate is calculated as follows: Sample Calculation 1 Estimated Interesl R&e Divide by 12 Moruhs simae Monthly Inlerest Bale Multiply by 14 mowhs s mae 1st Year Interest Rate = Total Assessment x Estimated 1 st Year Interest Rate = Estimated Total 1 st Year Interest 4.009e 112 Months = 0.33 k x 14 Months = 4.67% $286,972.13 4.871A $12.416-70 Sample Calculation 2 Total Assessment MulGpi Estimated Estimated Interesl Interest for Rate = 12 Months Divide by 12 Months Estimated Monthly Interest Multipty by 14 Months = Estimated Total 1 sl Year Intarest $266.072.13 x 4-00 k $10.642.89 112 = $886.91 x 14 = $12.41610 Z ry 9 N Op S O 8 6 2 4 N N M a � p cc w N N W - N N N N 0 w m V N G W l6 ppa� � m N N - LL C` x w P ~ � d O o yi0 any .`� m 3 v N W m O �+ W 00 2 CqU q F ^ N nj _ U T �y o 0 K6 0 N ,asp= nn�� am a W w y 2 Gp ¢p �g � a Y ` o .• 6 IL1 x tl6 I4 c co y �� �i3 bb� h � � p O4 ❑ Yg d� a,m_g '� E t � s U yT2 LU g L U a m ,4 LU a W o in 5 y w' a Q I N vri 2 S I❑ Tuj o U N Ix m N c ¢ m = C n ELU ix ¢ 2 G� Q r g e c w o $$ v R n s NC C.7 p N N j C. Y O YY G O O N N r n x n Tie s R S ON O U V V ippV n SPECIAL ASSESSMENT AGREEMENT This agreement is made this of , 2020 between the City of Hutchinson, a Minnesota municipal corporation (the "City"), and the Hazel M. Sitz Living Trust and the Donald F. Sitz Disclaimer Trust (the "Owners"). Recitals A. The Owners are the fee Owners of certain real estate located in McLeod County, Minnesota legally described as Outlot "A", Sitz Addition, hereinafter referred to as the "Property". B. Roadway and utility improvements serving the Property were constructed as part of subdivision improvements for the Sitz Addition and the HAHC Addition which was owned by Hutchinson Area Health Care (the "improvements"), for which Hutchinson Area Health Care paid the Owners' share of the assessments in order for the Harmony River Senior Living Center to be constructed. C. The Owners' share of the assessments was $266,072.13. The Owners' original assessed amount was $273,135.99 which has been reduced by $7063.86 due to the sale of a portion of Owners' property to a third party. The remaining amount of the original assessment is $266,072.13. D. With the permission of the City and the Owners, Hutchinson Area Health Care paid for the Owners's share of the assessments with the understanding that the Owners would reimburse Hutchinson Area Health Care for the assessments which it paid on Owners' behalf no later than 10 years after the after the date the assessments were levied, June 22, 2010 and, if the Owners were not able to pay the assessments prior to June 22, 2020 the City would reimburse Hutchinson Area Health Care the amount Hutchinson Area Health Care paid on behalf of the Owners plus an additional $30,154.84 which represents the Owners' share of the interest costs that Hutchinson Area Health Care has paid on behalf of the Owners. E. The Owners have not paid its share of the assessments to Hutchinson Area Health Care and, at the Owners' request, the City paid the Owners' share the assessments to Hutchinson Area Health Care, with the understanding that the Owners will reimburse the City pursuant to the terms of this agreement. The total outstanding obligation of the Owners to the City is $296,226.97 (the Subject Assessments). The purpose of this agreement is to set forth the terms under which the Owners will re -pay the City for the improvements to Owners' property and the payments made by the City on the Owners behalf. Agreement In consideration of each party's promises as set forth in this agreement, it is mutually agreed as follows: ARTICLE ONE REPRESENTATIONS AND WARRANTIES 1.01 City Representations and Warranties. The City makes the following representations and warranties as the basis for the undertakings on its part contained herein: A. The City is a municipal corporation under the laws of Minnesota. B. The City has the right, power and authority to execute, deliver and perform its obligations under this agreement. C. The individuals who execute this agreement on behalf of the City are duly authorized to sign on its behalf and to bind the City hereto. 1.02 Owners representations and warranties. A. The Owners consist of two Trusts which are properly formed legal entities under the laws of Minnesota: the Hazel M. Sitz Living Trust and the Donald F. Sitz Disclaimer Trust. B. Hazel M. Sitz is the Trustee named in the Hazel M. Sitz Living Trust, and that Hazel M. Sitz is currently the Trustee of said Trust. C. That the certificate of Trust or other Trust Instrument was executed by Hazel M. Sitz and relates to the Sitz Addition, McLeod County, Minnesota. D. That Hazel M. Sitz is empowered by the Trust document to enter into this agreement by the Trust and to bind the Trust hereto. E. That the Hazel M. Sitz Living Trust has not been revoked or terminated. F. That the Hazel M. Sitz Living Trust, and Hazel M. Sitz as Trustee have the right, power and authority to execute, deliver and perform her obligations under this agreement. G. Hazel M. Sitz and Richard Sitz are the nominated Trustees of the Donald F. Sitz Disclaimer Trust, and that Hazel M. Sitz and Richard Sitz are currently the Trustees of said Trust. H. That the certificate of Trust or other Trust Instrument was executed by Hazel M. Sitz and Richard Sitz and relates to the Sitz Addition, McLeod County, Minnesota. I. That Hazel M. Sitz and Richard Sitz are empowered by the Trust document to enter into this agreement by the Trust and to bind the Trust hereto. J. That the Donald F. Sitz Disclaimer Trust has not been revoked or terminated. K. That the Donald F. Sitz Disclaimer Trust, and Hazel M. Sitz and Richard Sitz as Trustees have the right, power and authority to execute, deliver and perform her obligations under this agreement. 1.03 Incorporation of Recitals. The recitals set forth in the preamble to this agreement are incorporated into this agreement as if fully set forth herein. ARTICLE TWO LEVY OF SPECIAL ASSESSMENT / WAIVER OF APPEAL 2.01. Waiver of rights under Minnesota Statute Chapter 429. A. The Owners represent and warrant that they are the fee Owners of 100% of the property, that it has full legal power and authority to encumber the property as herein provided, and that as of the date hereof, it has fee simple absolute title in the property. B. The Owners and the City hereby agree that there is due and owing $296,226.97 as assessments and interest levied against the property. C. The Owners waives the right to appeal the levy of the Subject Assessments in accordance with this agreement pursuant to Minnesota Statute § 429.081. The City and Owner further specifically agree that with respect to such Subject Assessments against the property that: 1. The increase in the fair market value to the property resulting from the construction of the improvements is at least equal to the amount of the assessment, and that such increase in fair market value is a special benefit to the property; and 2. Assessment of the Subject Assessments against the property is reasonable, fair and equitable and there are no other properties against which such portion of the costs should be assessed. D. The Owners' assessment for the improvement shall be deferred until June 22, 2030 or until such time that the property is transferred, sold, subdivided or developed whichever event occurs first. No interest shall accrue on the Subject Assessment amount during the deferment period. On June 22, 2030 or upon the transfer, sale, subdivision, or development of the property, whichever occurs first, at which time the subject assessments shall be activated. Notwithstanding the above, the subject assessment shall not be activated prior to June 22, 2030 upon the transfer or distribution of the property following the death of Hazel M. Sitz so long as said transfer or distribution is to her children and/or grandchildren. E. Upon the activation of the Subject Assessments, they shall be payable in 10 equal annual installments and any unpaid portion of the assessments shall be subject to the accrual of interest at a rate of the true interest rate on the bond issuances in the year of activation plus 1%. The balance of the Subject Assessments made be paid in full at any time without penalty. F. The Owners represent and warrant that the property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments except as provided in this agreement; and the Owners agree that it will take no action to secure such a tax status for the property during the term of this agreement. ARTICLE THREE ADDITIONAL PROVISIONS 3.01 Amendment. Any amendment to this agreement must be in writing and signed by both parties. 3.02. Agreement to Run with the Land. This agreement shall be recorded among the land records of McLeod County, Minnesota. The provisions of this agreement shall run with the property and be binding upon the Owners and its assigns or successors in interest. 3.03 Notices and Demands. Any notice, demand, or other communication under this agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) As to the Owners (b) As to the City City of Hutchinson III Hassan Street S. E. Hutchinson, MN 55350 Attn: City Administrator 3.04. Disclaimer of Relationships. The parties hereto acknowledge that nothing contained in this agreement, nor any act by the City or the Owners shall be deemed or construed by either party or by any third person to create any relationship of third party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Owners. 3.05. Counterparts. This agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 3.06. Choice of Law and Venue. This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this agreement shall be heard, if in federal court, the Federal Courts of Minnesota, and if in state court, the District Court in McLeod County, Minnesota. All parties to this agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 3.07. Miscellaneous Provisions. A. Third parties shall have no recourse against the City or the Owners under this agreement. B. Wherever possible, each provision of this agreement shall be interpreted so that it is valid under applicable law. If any provision of this agreement is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be effective only to the extent of such invalidity. Without invalidating the remainder of such provision or the remaining provisions of this agreement. C. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term or condition may be waived again. The action or inaction of either party shall not constitute a waiver or amendment to the provisions of this agreement. To be binding, agreements or waiver shall be in writing and signed by the parties. Any party's failure to promptly take legal action to enforce this agreement shall not be a waiver or release. D. Each right, power or remedy herein conferred upon the parties is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to such parties, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time and as often and in such order as made be deemed expedient by the applicable party and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. E. This agreement constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, pertaining to the subject matter of this agreement. F. Data provided to the Owners or received from the Owners under this agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota statutes, chapter 13. IN WITNESS OF THE ABOVE, the parties have caused this agreement to be executed on the date and year written above. [SIGNATURE BLOCKS] HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Tobacco License - Diversified Management Group, Inc. Department: Administration LICENSE SECTION Meeting Date: 5/26/2020 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Diversified Management Group, Inc. is acquiring Murphy USA fuel station located at 1290 Hwy 15 South and plans on opening BP #7803 in mid -June. As part of that acquisition, Diversified Management Group, Inc. has submitted a tobacco license for the new store. The Hutchinson Police Department has conducted a background investigation on the applicant and has found nothing that would preclude Diversified Management Group, Inc. from being eligible for a license. BOARD ACTION REQUESTED: Approve issuing tobacco license to Diversified Management Group, Inc. dba BP#7803 located at 1290 Hwy 15 South 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: I. �jr 2 License Fee: 1$ 75.00 111 Hassan Street Southeast 2020 Hutchinson, NM 55350 O eratin Year' (320)587-5151/Fax: 320 234-4240 City of Hutchinson Application for License to Sell Tobacco at Retail ARplicant Information 1 S 51 q g Applicant Name Applicant Phone Number ox '3\55 � vtlof— 5110 L ArnnlicantAddress Ci State Zi Business Information BP #7803 Business Name 1290 Hwy 15 South Address Contact: - 320-234-3507 Business Phone Number City State 55350 Zip Hutchinson MN CT����Corp�oe tnftioif applicable) CC Name Corporate Phone Number t� . t`303C 3 t ss e - - W� 5 7oZ �% Corporate Address City State Zip V ,,��- V- � jenny Malysik.lenny.matysikOmegacoopcum 715-839-5256 CCC''"""`` CEO License Coordinator Checklist The following items need to be completed and/or attached in order for the application to be processed: Application fee paid in full (check or money order): 0 yes ❑ no A nnlicntion completed in full and signed: 0 ves ❑ no I hereby certify that I have completely filled out the entire above application, together and that the application is true, correct, and accurate. Signature of Applicant Date Print Name Title NOTE. No application will be forwarded to the City Council unless received two weeks prior to the regular Council meeting, filled out in completion, and fee payment is attached. Internal Use Building: ❑ approved — Notes: Fire ❑ approved ❑ denied Notes: Police f approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: H: Licenses/APPIi cati onslrobacco.doc ACCO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 5/6l2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Associated Benefits and Risk Consulting, LLC PHONE Arc d 920 339-0330 A/C Noi: 711 Eisenhower Dr. EMAIL Kimberly WI 54136 ADDRESS: DIVCERTS associatedbrc.com INSURERISI AFFORDING COVERAGE NAIC # INSURED Mega Co-op (DMG) 1201 S Hastings Way Eau Claire WI 54701-4459 INSURER A: First MEGACO-111 INSURER B : INSURER COVERAGES CERTIFICATE NUMBER: 1141805927 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE D OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECTT LOC AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EXCESS LIAB H CLAIMS -MADE q WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N / A OFFICER/MEMBER EXCLUDED? IMandatory in NH) WCO2D-0042839-2020A 1 1/1/2020 1 1/l/2021 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi TE HOLDER TION Com GG\lISInW MI IMRFR, :D NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE $ AMA TED PREMISES Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS -COMP/OP AGG $ COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident EACHOCCURRENCE $ AGGREGATE $ PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 ed) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. "For Informational Purposes Only" AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Ordinance 20-815 - Extending Emergency Declaration to 6-13-20 Department: Administration/Legal LICENSE SECTION Meeting Date: 5/26/2020 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: On March 24, 2020, the Council passed an ordinance to uphold the Mayor's Emergency Declaration which was issued in conjunction with the Governor's declaration of a Peacetime State of Emergency in Minnesota. Because the Governor extended his original declaration, and as the City's original declaration was valid only for 30 days, on April 14, 2020, the City Council voted to extend the City's declaration to May 30, 2020. The Governor once again has extended his declaration to June 13, 2020, and staff is recommending that the City extend its declaration to end at the same time as the Governor's. Again, the main reason for the continuing declaration of the state of emergency is so that the City can be eligible for Federal and State funding related to the City's coronavirus response and so that the City can utilize the various tools at its disposal, including the City's emergency preparedness plan in case there is a drastic increase in the number of COVID-19 related illnesses in the city. All emergency ordinances, including this one, go into effect immediately after their first passage. Staff asks that you approve this ordinance. BOARD ACTION REQUESTED: Approval of Ordinance 20-815 extending the declaration of a local emergency until June 13, 2020. Fiscal Impact: $ 0.00 Funding Source: n/a FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: n/a Remaining Cost: $ 0.00 Funding Source: n/a ORDINANCE NUMBER 20-815 EXTENSION OF LOCAL EMERGENCY TO JUNE 13, 2020 CITY OF HUTCHINSON, MINNESOTA WHEREAS, the Mayor of the City of Hutchinson, Minnesota (" Mayor") declared an emergency to exist in the City of Hutchinson, Minnesota, (" City") effective 5:08 PM on March 24, 2020 upon signing Declaration 2020 — 01 ("Declaration"); and, WHEREAS, Minnesota Statute Section 12.29 authorizes the Mayor to declare the existence of the emergency, invoke necessary portions of the Emergency Operations Plans and Pandemic Response Plan, and authorizes aid and services in accordance with inter urisdictional agreements. In order for the Declaration of the emergency to continue beyond three days the City Council of the City of Hutchinson, Minnesota ("City Council") must consent to the Declaration; and, WHEREAS, the City Council convened at its regular meeting of the City Council at 5:30 PM on March 24, 2020 and received an emergency Covid — 19 updates and considered formal action to consent to the Mayor's Declaration and related actions; and, WHEREAS, the City Council adopted Ordinance 20-811 consenting to the Mayor's Declaration of a local emergency on March 24, 2020; and, WHEREAS, Ordinance 20-811 was effective until April 23, 2020; and, WHEREAS, on April 14, 2020, the City Council approved Ordinance 20-813 which extended the Mayor's state of emergency declaration until May 30, 2020; and WHEREAS, City Charter Section 3.06 allows the immediate adoption of an Ordinance when necessary for the immediate preservation of the public peace, health, morals, safety or welfare of the City; and WHEREAS, City Charter Section 3.05 waives the notice requirements prior to adopting an Emergency Ordinance; and, WHEREAS, the City Council finds that the Covid -19 situation is an emergency and poses a threat to the health, safety, and welfare of the citizens of Hutchinson and may affect the provision and delivery of City services as result of the emergency; and, WHEREAS, the City Council finds that the emergency poses a risk to the public health of the community if not addressed; and, WHEREAS, the expiration date of Ordinance 20-813 is May 30, 2020, and the effects on the community and conditions which led to the original Emergency Declaration are expected to continue past that expiration date. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, DOES HEREBY ORDAIN: Section 1. The City continues to face a threat to public health resulting from the novel coronavirus and the resulting Covid — 19 disease and pandemic. Section 2. This Ordinance hereby continues the operationalization of the City's Emergency Operation Plans and the Pandemic Response Plan invoked by Ordinance 20-811. Section 3. To the extent normal state laws and city policies and procedures impede an efficient response or compliance with the Federal and State directives and recommendations, the City Administrator, and the Emergency Operations Manager, and their designees are hereby authorized to suspend compliance with those laws, policies, and procedures as authorized by the Governor's Emergency Executive Order 20 — 01 and Minnesota Statutes Sections 12.32 and 12.37 as well as to execute any and all of the provisions of the Hutchinson Emergency Declaration, Ordinance 20-811. Section 4. This Ordinance authorizes all meetings of the City Council and city commissions, boards, authorities, and related subsidiary entities and committees to conduct their meetings by electronic means as authorized by Minnesota Statutes, Section 13D .021, and specifically authorizes telephonic meetings because such in — person meetings are not practical or prudent due to the Covid — 19 health pandemic and related declared emergency so long as such meetings are consistent with the requirements of Minnesota Statutes Section 13 D .021 until June 13'', 2020, unless rescinded earlier by official action of the City Council. Section 5. This Ordinance was adopted by at least 4 members of the City Council as required by section 3.06 of the City Charter. Section 6. This Ordinance shall take effect immediately upon passage as permitted by section 3.09 of the City Charter. Section 7. The City Administrator is authorized and directed to file and to post notice of this Ordinance and any emergency regulations as authorized required by State law, City Charter, and City Code. Adopted this 26th day of May, 2020 Mayor Attest: City Administrator MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday,.February 26, 2020 Call to order - 3:00 p.m. President Don Martinez called the meeting to order. Members present: President Don Martinez; Vice President Matt Cheney; Secretary Robert Wendorff; Commissioner Monty Morrow; Commissioner Anthony Hanson; GM Jeremy Carter; Attorney Marc Sebora 1. Conflict of Interest No conflicts were declared. 2. Approve Consent Agenda a. Approve Minutes b. Ratify Payment of Bills Motion by Commissioner Morrow, second by Commissioner Cheney to approve Consent Agenda. Motion carried unanimously. 3. Approve Financial Statements Mr. Martig presented the Financial statements. He noted the TransAlta contract was complete at the end of 2019. Other revenues in electric are projects billed to the City, mostly street lighting. The Natural Gas side figures were somewhat less than last year due to a decrease in heating days. MRES, Great River and MISO data was also provided to the Commission. Mr. Carter noted consumption was down in both the Electric and Natural Gas operations from one year ago. Motion by Commissioner Hanson, second by Commissioner Wendorff to approve the financial statements. Motion carried unanimously. 4. Open Forum 5. Communication a. City Administrator— Matt Jaunich was absent. b. Divisions i. Dan Lang — Nothing to report ii. Dave Hunstad will be reporting on future agenda items. iii. Randy Blake — There was a surprise audit by MPCA on Plant #1. MPCA reported they were happy with what they found, particularly recordkeeping documentation. A representative from the National Museum of Industrial History will be stopping in next month to gather information about our older equipment. Tracking down parts for the Worthington engine. c. John Webster — Nothing to report d. Jared Martig — Nothing to report e. Human Resources — Nothing to report f. Legal — Nothing to report g. General Manager— HUC is soliciting firms for community survey. The Commission can relay areas of questioning to him if they so desire. He will be attending the MMUA leadership training next Wednesday & Thursday. Meeting with City staff & EDA on projects and to discuss potential for solar projects, both ground and roof mounts. HUC has talked with three solar developers on the scope and price of projects. Mr. Carter noted he sent out the State and Federal legislative topics to the Commission for review. He also provided the 5-year budget projections and wholesale modeling information to the Commission. 6. Policies a. Review Policies i. Section 2 of Exempt Handbook ii. Section 2 of Non -Exempt Handbook No changes recommended at this time. b. Approve Changes i. Definitions — Exempt & Non -Exempt — These are proposed basic language corrections. The HR Manager job title will be stricken from the policy as the position no longer exists. Changing the term "Probationary Period" to "Trial Period" for existing employees appointed to a new HUC position. This language change was made in the IBEW current contract and the change has now been made to both the exempt & non-exempt policies. ii. Violence In The Workplace — Exempt & Non -Exempt iii. Promotions And Transfers — Exempt & Non -Exempt iv. Flowers - Exempt & Non -Exempt — This is a change to the definition of immediate family and citing a reference to the new definition in the policy language. Motion by Commissioner Hanson, second by Commissioner Morrow to approve the policy changes as presented. Motion carried unanimously. 7. Unfinished Business 8. New Business a. Approve Requisition #8310 — 2020 Chevy Bolt EV Dave Hunstad noted this vehicle will replace the Chevy Tahoe that is used by Administration and management. The Chevy Bolt is the only electric vehicle on the State contract. The Volt meets the criteria needed and has been purchased by other municipalities/utilities. HUC has budgeted $40,000 for the purchase. Motion by Commissioner Wendorff, second by Commissioner Cheney to approve Requisition #8310 for the 2020 Chevy Bolt EV purchase. The motion carried unanimously. b. Approve Requisition #8318 — ChargePoint DC Fast Charging Station Dave Hunstad spoke about the charging station for electric vehicles. This will be a public charging station and HUC is working with the City to place it in an appropriate location. The probable location is by Girl Scout /Gateway Park. The DC fast charger is a 62kw charger which is a fast charger (1/2 — 1 hour for full charge). The ChargePoint charger is on the State bid. HUC also has the ChargePoint in home charger on the HUC customer rebate list. The Commission asked how long it will take for delivery. A few weeks, but installation must wait until the first segment of the Hwy 15/Main St. project is complete. Commissioner Wendorff asked if more than one vehicle can be charged at a time and Dave confirmed this is a dual charger. Commissioner Morrow asked if the HUC vehicle will have an in-house charger. Dave noted this will be in-house and a level 2 charger. Staff will be coming back to the Commission to set pricing/fees for use of the charger. Motion by Commissioner Cheney, second by Commissioner Hanson to approve Requisition #8318. The motion carried unanimously. c. Review 2019 Annual Distributed Generation Dave Hunstad provided the distributed generation resources annual report information. The report tracks the power from the solar systems that is delivered to the customer, what is sold back to HUC, and what is the net charge/credit for the customer. HUC is expecting two additional systems coming on line for 2020. Commissioner Hanson inquired if the current solar systems are residential. Hunstad noted one is residential and one is commercial. Commissioner Hanson also asked about the two new systems, and Hunstad noted they will be rooftop commercial systems. d. Approve Advertisement for Bids on Plant #2 Grounding Transformer Jeremy Carter explained the transformers at Plant 2 need replacement. The bids are the first step required in this process. When bids are opened and reviewed for accuracy and adherence to the bid specs, the recommendation from staff on the preferred bid will be brought to the Commission for consideration. There is a 6-9 month lead time for the transformer replacement. Staff is comfortable with the company HUC is using for the bid spec process. It is a firm HUC has worked with, previously and for some time. Legal has reviewed the documents, as well. Commissioner Martinez inquired on the progress of the existing transformer insurance claim. Mr. Carter relayed that the insurance claim is still being processed for the existing damaged transformer. Staff continues working with XL Energy and Gallagher/LMCIT on the claim. The root cause of the damage is yet to be officially determined. There will be a deductible amount that HUC will need to pay. Motion by Commissioner Hanson, second by Commissioner Morrow to approve the Advertisement for Bids for the Plant #2 Grounding Transformer. Motion carried unanimously. e. Approve Advertisement for Bids on Plant #2 25/46.7 MVA Transformer This is the main transformer in the replacement project. Motion by Commissioner Cheney, second by Commissioner Wendorff to approve the Advertisement for Bids for Plant #2 25/46.7 MVA Transformer. Motion carried unanimously. f. Set a Special Meeting - March 25, 2020 3:30pm Plant Tour Motion by Hanson, second by Wendorff to set a special meeting on March 25, 2020, to immediately follow the regularly scheduled Commission meeting for a Plant Tour. The motion carried unanimously. 9. Adjourn Motion by Morrow, second by Cheney to adjourn the meeting at 3:32 p.m. Motion carried unanimously. Ice- �resi l �- ATTEST: G Don Martinez, Presid t MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, March 25, 2020 Cal I to order — 3:00 p.m. President Don Martinez called the meeting to order. Members present: President Don Martinez; Vice President Matt Cheney; Commissioner Monty Morrow; Commissioner Anthony Hanson; GM Jeremy Carter; Attorney Marc Sebora Absent: Secretary Robert Wendorff Conflict of Interest None 2. Approve Consent Agenda a. Approve Minutes b. Ratify Payment of Bills Motion by Commissioner Hanson, second by Commissioner Morrow to approve the Consent Agenda. Motion carried unanimously. 3. Approve Financial Statements GM Carter presented the Financial Statements. Although usages are down, both Electric and Natural Gas Divisions are trending well. Due to the weather and pandemic, projects for the year have not started yet. 2020 Main Street project is still scheduled to start on April 13. Motion by Commissioner Cheney, second by Commissioner Hanson to approve the financial statements. Motion carried unanimously. 4. Open Forum 5. Communication a. City Administrator — Matthew Jaunich — Absent b. Divisions i. Dan Lang, Engineering Services Manager — Absent ii. Dave Hunstad, Electric Transmission/Distribution Manager— Absent iii. Randy Blake, Production Manager — Absent iv. John Webster, Natural Gas Division Director — Absent v. Jared Martig, Financial Manager- Absent c. Human Resources - Brenda Ewing — Absent d. Legal — Marc Sebora — i. Nothing to report for legal ii. City Council meeting last night passed an ordinance affirming Emergency Declaration by Mayor Forcier related to COVID-19. Main components of the declaration are 1) that it implements the City's Emergency Response Plan 2) gives the City leeway on purchasing ability and bidding laws and 3) provides the City Administrator additional authority to be flexible with employee's schedules and hiring temporary workers. In summary, the declaration is to make sure the City is prepared for if and when the virus would affect the City of Hutchinson. GM Carter spoke of HUC's pandemic response and the various levels. One item to note is that the community will not be officially notified if there is a case in the City due to HIPPA and privacy laws. Management will continue to monitor the situation and make necessary precautionary steps and adjustments to staff if and when needed. Will be preparing a response to the Department of Commerce since HUC is considered an essential service. The response will consist of how HUC is staying essential and what steps are being used to keep the power on and that gas keeps flowing. Staff will continue to monitor and will inform the commissioners on next steps. Mr. Sebora noted that depending on how the pandemic evolves, meeting structures may need to change to teleconferencing or video meeting. A priority is to make sure everyone stays safe. e. General Manager — Jeremy Carter i. Focus right now is the Pandemic response. ii. Operations are going as normal, contingencies plans are in place to keep everything moving forward. 6. Policies a. Review Policies i. Section 3 of Exempt Handbook ii. Section 3 of Non -Exempt Handbook No changes recommended at this time. b. Approve Changes No changes recommended at this time. 7. Unfinished Business a. Change ---Follow up conversations on Possible City Charter Amendment to change the eligibility requirements to serve as a Hutchinson Utilities Commissioner Mr. Sebora recapped discussions that were held in December and January on increasing the pool of possible commissioner candidates to serve on the Utilities Commission by allowing owners of businesses to potentially serve as commissioners. Since that time, the question has arisen as to how many of the five commissioners this new category of qualification should apply to. The belief of the overall feeling from the commission from past discussions was that one 2 commissioner would be able to serve with this new qualification but an actual number was never discussed at either of the other meetings. Discussions were held on the number of commissioners that would be able to serve with this new qualification and the consensus of the Commissioners was that it would be one commission member. Commissioners all agreed it was implied and assumed that it was one. President Martinez gave direction to Mr. Sebora that it would be one member. Mr. Sebora will forward the number to the charter commission in April. 8. New Business a. Approve 3M's Natural Gas Transportation and Daily Swing Supply Agreement GM Carter provided a summary of the 3M's Natural Gas Transportation and Daily Swing Supply Agreement. 3M's current agreement expired on January 1, 2020. This agreement provides transportation rights to 3M on Hutchinson's facilities from March 1, 2020 through March 1, 2021. Meter charges have been changed to follow the Cost of Service Study. Discussions were held on how the agreements for 3M, HTI and Ohly will fall more in the with the rate study. President Martinez inquired if there was a concern from a legal standpoint on the 2-month lag. Mr. Sebora assured the Commission there was not. A motion by Commissioner Morrow, second by Commissioner Hanson to Approve 3M's Natural Gas Transportation and Daily Swing Supply Agreement. Motion carried unanimously. b. Approve Requisition #8348 — Sauer WP45L Air Compressor Package GM Carter presented approval of requisition #8348 — Sauer WP45L Air Compressor Package. Back in January, Mr. Blake had mentioned that 2 instrument air compressors are not enough to run 3 engines. Staff is looking to add a third compressor, this will speed up the process and lower the overall run times on all units. This item was budgeted in the CIP. A motion by Commissioner Hanson, second by Commissioner Cheney to Approve Requisition #8348 — Sauer WP45L Air Compressor Package. Motion carried unanimously. c. Approve Amending the Advertisement for Bid on Plant #2 Grounding Transformer. GM Carter presented approval of amending the Advertisement for Bid on Plant #2 3 Grounding Transformer. With the current business operations and people working from home, Staff would like to extend the bid submittal date an additional 3 weeks to April 21. Staff believes extending the advertisement for bid date is a better alternative than not receiving or receiving very few bid responses while businesses are working through the circumstances surrounding the COVID-19 Pandemic. A motion by Commissioner Hanson second by Commissioner Morrow to Approve Amending the Advertisement for Bid on Plant #2 Grounding Transformer. Motion carried unanimously. d. Approve Amending the Advertisement for Bid on Plant #2 25/46.7 MVA Transformer GM Carter presented approval of amending the advertisement for bid on Plant #2 25/46.7 MVA Transformer. As stated above with the Advertisement for Bid on Plant#2 Grounding Transformer, Staff would also like to extend the Advertisement for Bid on Plant #2 25/46.7 MVA Transformer. President Martinez questioned if 3 weeks for both Advertisement for Bids is sufficient. GM Carter expressed that Staff believes 3 weeks is sufficient. Staff is anticipating a slower lead time of about 9-12 months due to product supply but would like to get the process moving. Will continue to do preparations of the pads and getting the site prepared. Most of the construction costs will not happen until 2021. A motion by Commissioner Cheney second by Commissioner Hanson to Approve Amending the Advertisement for Bid on Plant #2 25/46.7 MVA Transformer. Motion carried unanimously. GM Carter added that additional information was received back from the insurance claim on the transformers and this will be reviewed with the brokers and the League tomorrow as to what is being covered and what is not. Will keep the Commissioners up to date on the conversations. GM Carter also mentioned that there is some legislation coming out on the 3rd federal stimulus bill which might be applicable to HUC. One of the provisions is on debt collectors providing essential services, utilities cannot disconnect power or charge late fees. Another provision is that utilities cannot collect on past due balances for 120 days after the pandemic has ceased, meaning if the pandemic is over in July, HUC has to wait 4 months to start collecting on unpaid past due balances. Just something that Staff and Commission Board need to be aware of. Staff may need to come to the Board to see how uncollectables may need to be addressed. 4 Commissioner Hanson stated when and if tracking of the numbers start and if noticing a trend that needs to be addressed to please let the Board know. GM Carter agreed. Adjourn There being no further business, a motion by Commissioner Morrow, second by Commissioner Hanson to adjoum the meeting at 3:36p.m. Motion carried unanimously. ATTEST:, Don Martinez, President 5 r / Robert Wendorff, S etary Public Arts Commission Agenda March 11th, 2020 5:30 Hutchinson Library Agenda: 1. Approve minutes from February 12th: 2. Sculpture Stroll Update: a. All artists contacted i. All selected artists confirmed b. Citizens Bank i. Artist/piece confirmed c. Randy Carter provided with artists contact info d. Brochures i. Ridgewater interested and will be meeting with on March 19tn ii. Jon Otteson indicated he would be willing to help again this year. iii. New city marketing could be included in 2021-2022 3. People's Choice a. This year - Method b. 2020-2021— do earlier 4. Pillars a. Bids Open February 28th i. Cost - $5,812.47/EACH for a total of $23,249.88 (4 installations) ii. Budget $5,000/each for a total of $20,000 b. Options — Any will need council approval i. Not do the project at all ii. Construct the pillars and apply for the grant for the art. 1. If grant unsuccessful, pillars could be used for other uses (for example wayfairing and/or city history). Could add art at a later time iii. Install the footings and use the locations for additional sculpture stroll installations 1. Footings provide maximum flexibility for future use. a. Cost of footings will need to be worked out with contractor 2. Sculpture Stroll pedestals would need to be purchased a. If heavy no securing to sidewalk would be needed. 5. Possible Purchases — ask for contributions/PAC match a. City (PAC) receives 25% commission on pieces sold. i. Could be used to reduce cost b. People's Choice c. Eggspert: $14,000 (was originally $24,000) 25% reduction $10,500 d. Farmer: $20,000. 25% reduction $15,000. 6. ShopKo Pad — could install in October (possibly sooner) after Main St. concrete poured. 7. Next Meeting: April 8th, 5:30 at Library Public Arts Commission Minutes April 16th, 2020 7:30 Zoom Present: Greg, Morgan, Jackie, Patrick, Steve. Guest —Andrew Nordin Open Pads: Steve gave an update that, due to the coronavirus, three pieces that were scheduled to come to the Sculpture Stroll this upcoming season will not be coming. The pieces were "Overcoming", "Japanese Mother", and "Tom's Point". This leaves open spots at the West River Park, Library Square and Ridgewater pads. If the purchase of Eggspert is approved by the city council he can stay at the Library Square pad. PAC agreed to invite Larry Starck ("Farmer") and Kyle Fokken ("Song of the Flying Dutchman") to display their pieces here for another year. Andrew Nordin from Ridgewater suggested that The Flying Dutchman would be a good piece for the Ridgewater pad. The Farmer would then be moved to the West River Park pad. ShopKo Pad: Discussion on the idea of possibly adding a piece on the ShopKo pad after the construction has been completed. Decided to wait and possibly discuss again later. Next Meeting: May 13th, 5:30 Zoom M=0� HRA HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY Regular Board Meeting Teleconference Call (GoToMeeting) Tuesday, April 21, 2020, 7:00 AM Minutes CALL TO ORDER: Chair Renee Lynn Johnson Kotlarz called the meeting to order via telephone. Members Present: Gary Forcier, Eileen Henry via telephone and Steve Jensen via telephone. Staff Present: Jean Ward and Judy Flemming. Other: Nicole Grobe, MidCountry Bank via telephone a. Approve the Hutchinson HRA Regular Board Meeting agenda and any agenda additions and/or corrections. The Board approved the agenda as presented. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON MARCH 17, 2020 AND EMERGENCY BOARD MEETING ON MARCH 27, 2020 Steve Jensen moved to approve the Minutes of the regular board meeting and the emergency board meeting as written, and Eileen Henry seconded. Roll Call: Kotlarz — Aye; Forcier — Aye; Henry — Aye; Jensen — Aye. The motion carried unanimously. 3. FINANCIAL REPORTS Steve Jensen moved to approve: a. City Center General Fund payments of $16,472.97 for checks 9109 to 9113 b. City Center March 2020 Financial Statements c. Park Towers Operating Account payments of $36,680.10 for checks 14931 to 14955 d. Park Towers Security Account payment of $345.42 for check 1584 e. February 2020 Park Towers financial statements Eileen Henry seconded. Roll Call: Kotlarz — Aye; Forcier — Aye; Henry — Aye; Jensen — Aye. The motion carried unanimously. 5. PARK TOWERS UPDATE a. Occupancy Report for April 2020 —1 vacant unit, but processing an application so hoping to fill it by the end of the month. b. FYI April Newsletter 6. RAD UPDATE Jean Ward reviewed with the Board: • RAD Financial Conversion Timeline: Concept call due 5/20/20, Financing Plan due 7/01/20, Closing 11 /30/20 • Public Housing Program to HUD Multifamily Conversion Timeline • Environmental Report — Radon Mitigation $6,000 scheduled April 20, 2020 with removal of follow up radon testing devices April 27, 2020 • RFP for Software Purchase 7. COVID-19 IMPACT ON HRA OPERATIONS Jean Ward reviewed with the Board the Memorandum and Judy Flemming updated them on the 907 Dale Street (South Dale Apts.) Rental Rehab project. April 21, 2020 Minutes Pagel of 2 CONSIDERATION OF HUTCHINSON EMERGENCY HOME REPAIR GRANT PROGRAM The Board discussed the features of the proposed program. Gary Forcier moved to approve the Hutchinson Emergency Home Repair Grant Program and Steve Jensen seconded. Roll Call: Kotlarz — Aye; Forcier — Aye; Henry — Aye; Jensen — Aye. The motion carried unanimously. 9. CONSIDERATION OF REVISED CITY HOME IMPROVEMENT GRANT PROGRAM Gary Forcier moved to approve the revised City Home Improvement Grant Program and Eileen Henry seconded. Roll Call: Kotlarz — Aye; Forcier — Aye; Henry — Aye; Jensen — Aye. The motion carried unanimously. 4. 2019 HRA AUDIT PRESENTATION BY ERIN ENSTAD, ABDO EICH & MEYERS, LLP Erin Enstad of ABDO, EICH & Meyers, LLP presented the 2019 HRA Audit to the Board. Gary Forcier moved to approve the 2019 HRA Audit and Steve Jensen seconded. Roll Call: Kotlarz — Aye; Forcier — Aye; Henry — Aye; Jensen — Aye. The motion carried unanimously. 10. COMMUNICATIONS a. FYI White Hawk Village Second Addition preliminary plat b. FYI Foreclosures c. Gary Forcier asked when the last windshield survey was done for the city (it's been a few years). Home Improvement Programs could be targeted to those neighborhoods with the most need of repair. 11. ADJOURNMENT Steve Jensen moved to adjourn and Gary Forcier seconded. There being no other business, Chair Renee Lynn Johnson Kotlarz declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director ,—&, �— Ll� Gary F cier, Secretary/Treasurer April 21, 2020 Minutes Page 2 of 2 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 21, 2020 5:30 p.m. 1. CALL TO ORDER 5:30 P.M. The April 21, 2020 Planning Commission meeting was called to order by Chairman Wick at 5:30 p.m. at the Hutchinson Event Center. A motion was made by Commissioner Hantge and second by Commissioner Wirt to recess the meeting and move to the Council Chamber at City Hall at 6:00 pm. Decision was unanimous. The meeting was recessed and moved to the Council Chamber at City Hall. The meeting was called back to order at 6:00 p.m. by Chairman Wick. Members in bold were present Chairman Wick (present), Vice Chair Lofdahl (remote in), Commissioner Garberg (remote in), Commissioner Wirt (remote in), Commissioner Sebesta (remote in), Commissioner Hantge (present) and Commissioner Forcier (remote in). Also present were Dan Jochum (present), City Planner, Kent Exner, City Engineer, John Olson, City Public Works, John Paulson, City Environmental Specialist, Marc Sebora (present), City Attorney and Andrea Schwartz (present), City of Hutchinson Permit Technician (Due to the Covid 19 Pandemic, the meeting was held via Go -To Meeting for most of the Planning Commission Members) 2. PLEDGE OF ALLEGIANCE (we will forgo the pledge of allegiance at this meeting due to the feedback from the remote/go-to meeting) 3. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED February 18, 2020. Motion by Commissioner Lofdahl. Second by Commissioner Forcier. Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - approve Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Commissioner Sebesta - approve Motion to Approve — Motion to Reject 4. PUBLIC HEARINGS A. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A STORAGE BUILDING LOCATED AT 720 AIRPORT RD. Minutes Hutchinson Planning Commission April 21, 2020 Page 2 Commissioner Hantge will abstain from the discussion and vote on this item as he serves as the Vice President of the McLeod County Fair Board. Dan Jochum, City Planner addressed the Commission and gave a brief overview of the project. Mr. Jochum then covered the staff report. Commissioner Lofdahl clarified that this is a County road not a City road. There was some discussion as to where the entrance to the property will be. Darrel Grahams (president of the Upper Midwest AC club) noted that the driveway entering the property and the parking area will be bituminous Motion by Commissioner Wirt, second by Commissioner Forcier to close hearing at 6:16 p.m. Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - abstain Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Commissioner Sebesta - approve Motion by Commissioner Wirt to approve with five recommended conditions. Second by Commissioner Garberg. Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - abstain Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Commissioner Sebesta - approve Motion to Approve — Motion to Reject Motion approved. Items will be on City Council consent agenda on 04/28/2020. Motion to close hearing — Motion to approve with staff recommendations — Motion to reject B. CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR WHITE HAWK VILLAGE SECOND ADDITON. Dan Jochum, City Planner addressed the Commission and gave a brief overview of the project. Minutes Hutchinson Planning Commission April 21, 2020 Page 3 Mr. Wurdell will draw up an agreement with the townhome association (Cottage Townhomes) regarding snow removal and maintenance of White Owl trail. (Private Road) Mr. Wurdell will be rescinding his request regarding the parking spots located on lot 1 and lot 8 Dan Jochum recommended to strike Staff recommendation number eight. Commissioner Hantge questioned that Songbird Trail has been removed. Dan Jochum noted that this was a private road and was removed. Commissioner Hantge is wondering if the homes can be set back farther so the driveway is long enough for a good sized vehicle to park in without hanging out into the street. Commissioner Hantge is also in favor of keeping the additional parking off of Blackhawk and Bluejay Dr. Dan Jochum explained that the reason for staff wanting to remove the additional parking was due to the maintenance of the street entrance to the parking area; who would pay for this and who would be parking what in this area. Commissioner Lofdahl questioned who the extra parking would belong to. It was answered that it was intended that the parking would be on and for lot 1 and lot 8. Mr. Wurdell noted that he is ok to remove the additional parking areas. Motion by Commissioner Hantge, second by Commissioner Sebesta to close hearing at 6:62 p.m. Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - approve Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Commissioner Sebesta - approve Motion by Commissioner Sebesta to approve with 12 recommended conditions with modifications to number 8. Second by Commissioner Wirt. Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - approve Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Commissioner Sebesta - approve Minutes Hutchinson Planning Commission April 21, 2020 Page 4 Motion approved. Items will be on City Council consent agenda on 04/28/2020. Motion to close hearing — Motion to approve with staff recommendations — Motion to reject 5. NEW BUSINESS A. NONE 6. UNFINISHED BUSINESS A. NONE 7. COMMUNICATION FROM STAFF A. UPCOMING MEETINGS — We have 2 applications for the May meeting. 8. ADJOURNMENT Motion was made by Commissioner Wirt to adjourn the meeting, second by Sebesta. Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - approve Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Commissioner Sebesta - approve Meeting was adjourned at 6:38 p.m. HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: April 2020 Financial and Investment Reports Department: Finance LICENSE SECTION Meeting Date: 5/26/2020 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 OFAGENDA ITEM: For Council review, attached are the April Financial Reports for the general fund and enterprise funds. Also attached is the April Investment Report. We will touch on the preliminary 2020 financial forecast at the budget workshop prior to the May 26 council meeting. 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: z z O 0 N 0 U N L 0 0 M � J Oa as LULU z V, LNNL LPL Z W z0_ W LPL a. 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