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cp06-09-20HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, DUNE 9, 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 — Faith Lutheran Church (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 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 S 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) Budget Workshop of May 26, 2020 (b) Regular Meeting of May 26, 2020 CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA (a) Consideration for Approval of City Policy Numbering Change — Pandemic Response Policy (b) Consideration for Approval of Resolution No. 15172 — Resolution Approving the Decertification of Tax Increment Financing District 98 of the City of Hutchinson (c) Claims, Appropriations and Contract Payments PUBLIC HEARINGS — 6:00 P.M. 8. CONSIDERATION OF COMMENTS AND INPUT ON THE STORM WATER POLLUTION PREVENTION PLAN FOR THE CITY OF HUTCHINSON CITY COUNCIL AGENDA June 9, 2020 purpose o t is portion o t e agen a is to provi e t e ounci with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) UNFINISHED BUSINESS 9. APPROVE/DENY ORDINANCE NO. 20-814 - AN ORDINANCE AMENDING CHAPTER 112 — LIQUOR REGULATIONS — TO ALLOW HOTELS (SECOND READING AND ADOPTION) NEW BUSINESS 10. APPROVE/DENY RESOLUTION NO. 15173 — RESOLUTION AUTHORIZING THE SALE OF $2,670,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2020A 11. APPROVE/DENY PANDEMIC RESPONSE AND CONTINUITY OF OPERATIONS PLAN 12. APPROVE/DENY CITY POLICY 3.34 — TELEWORK POLICY 13. APPROVE/DENY RESOLUTION NO. 15174 - TEMPORARILY RESTRICTING USE OF CERTAIN PARKS ON JUNE 21, 2020 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) 14. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Economic Development Authority Board Minutes from April 22, 2020 MISCELLANEOUS 15. STAFF UPDATES 16. COUNCIL/MAYOR UPDATE ADJOURNMENT 2 HUTCHINSON CITY COUNCIL 2021 BUDGET KICKOFF MINUTES TUESDAY, MAY 26, 2020 - 4:00 PM CITY CENTER — COUNCIL CHAMBERS 1. Call to Order Mayor Forcier called the workshop to order at 4:00 p.m. Members present included Mary Christensen, Steve Cook, Dave Sebesta and Chad Czmowski. Others present were: Matt Jaunich, City Administrator, Andy Reid, Finance Director and other city directors. All Council Members were present via electronic means. 2021 BUDGET KICKOFF REVIEW 2. 2021 Budget Kickoff Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that today's workshop is to begin the 2021 budgeting season. Mr. Jaunich noted that setting the annual budget is one of the biggest policy decisions of the City Council. The City's budget documents drive the work of the city and are the forces behind achieving the City's Mission Statement. Mr. Jaunich reviewed the City's mission statement, vision statement, the six core areas of focus which include public safety, health & recreation, transportation, economic development, environment and good government. Mr. Jaunich spoke about statements identified in the City's strategic plan to be completed by 2023. Those statements included wanting to be known as a destination place for recreation, art and leisure; wanting to have a growing, diverse economy with a skilled workforce; wanting to have adequate, affordable housing for all; wanting to have welcoming and safe city facilities to service current and future generations; wanting to have cost effective, reliable and sustainable energy and practices; wanting to have high quality, multi -modal transportation and infrastructure systems; wanting to have active citizen engagement, participation and involvement and wanting to have fiscally responsible management to serve community needs. Mr. Jaunich also reviewed five long-term goals the Council should consider every budget season. Those goals include: 1. What should future tax levies look like? 2. What levels of services should the City perform and provide in the future? 3. What is an acceptable level of debt? 4. What is our level of investment in technology and equipment, and what period of payback is acceptable? 5. What are our future infrastructure needs (roads, utilities, buildings, etc.) and how are we going to pay for them? Mr. Jaunich noted that the purpose of today's workshop is to review the budget calendar that has been established as well as review historical data and items that staff has identified as items/concerns that need to be addressed. Staff would also like to review the Fleet and Facility Plans and how those are established; provide an update on the financial impact of COVID-19; and get direction from the Council on what they would like to see during the 2021 budget preparation season. Mr. Jaunich noted that there are three ways to approach a budget — either staff driven, Council driven or a combination of the Council working with staff. Mr. Jaunich reviewed tax rate comparisons of Hutchinson with other McLeod County cities as well as with other regional center city rates. Hutchinson is the second lowest in the county and ranks the fourth highest amongst regional centers. Mr. Jaunich spoke about the price of government which is how many cents for every dollar earned is going to pay for City services, excluding electric and gas utilities. Hutchinson is at approximately 3% for a total cost of government which is rather comparable to other regional centers. Mr. Jaunich provided data on economic comparisons, the 10-year tax rate trend, the 10-year total tax levy trend, the total market value history, the total taxable market value history and the total tax capacity history. Mr. Jaunich explained that the City's tax rate is determined by the tax levy and tax capacity and tax capacity is determined by the market value. While the City has had modest tax increases over the past ten years, the market values only recently have recovered. The City's 2019 taxable value is actually about 0.6% lower than what it was in 2009. 2018, 2019 and 2020 total values have exceed a billion and are the highest in the history of the city. Taxable values are starting to come back and the 2020 report shows values increasing by 5.9%, another large recovery on top of 8.9% in 2019 and 3.9% in 2018. Tax increases without value increases end up having a negative effect on the tax rate. The 2012 Homestead Market Value Exclusion enacted by the legislature had a negative effect on the City's taxable market value. The Market Value exclusion ended up reducing the City's taxable market value, increasing the City's tax rates, but recent value increases are lowing those rates. The reduction in taxable value also shifted the tax burden from homesteaded property to other properties. Mr. Jaunich noted that COVID-19 could have a significant impact on these numbers come 2021. Mr. Jaunich further reviewed historical budget numbers including the tax levy from the last five years and tax levies as a percentage. Mr. Jaunich then provided a very preliminary general fund budget for 2021. This includes wages and benefits expected to increase by 3.1%. 2021's budget includes $30,000 for Uponor's tax abatement. Other expenditures are expected to remain relatively flat. A current look has a 5.1% levy increase to balance the budget. LGA is assumed at the same level as 2020. All other revenues are at 2020 budgeted amounts. Revenues are expected to remain relatively flat. A 1% tax levy increase is equal to $52,709. Mr. Jaunich presented a preliminary general fund five-year budget. Mr. Jaunich provided a list of things to think about when establishing the 2021 general fund budget — such as program changes — need for increase/decrease?; enterprise fund transfers to the general fund; phasing of HSA employer contributions into the general fund; appropriate LGA allocation; analysis of certain line item projections; performance increase percentages; fleet/facility funding; funding of wages and benefits; payroll allocations (general vs. enterprise); COVID-19 impacts; funding for a new police station; continued discussion on general staffing levels and service level needs/wants; appropriate CIP funding and needs; Uponor tax abatement and state budget agreements — LGA increase? Mr. Jaunich spoke about use of LGA funds. He noted that the City is set to receive $2,569,936 in LGA in 2020 which is an increase of $168,221 from 2019. He noted that 49.4% goes to the general fund and 50.6% goes to various aspects of the capital improvement fund. Capital Projects Fund are for various project currently not designated. He asked the Council to think about whether or not the non -designated amount be designated to something. Mr. Jaunich then reviewed the debt management plan and the target debt levy of $2.6 million. Due to the 1% debt levy increase in 2016 there won't be a need for another debt levy increase until 2023. The 2023 tax levy will be a 1.5% increase. Years 2024 to 2032 will see an average increase of 1.7%. The debt management plan includes financing for heavy equipment in 2017- 2021. The Plan moves annual project costs from $1.5 million to $1.9 million. The Plan moves annual debt limits from $2.2 million to $2.6 million. Increasing interest rates may impact future debt decisions. Mr. Jaunich also reviewed CIP projects for the next five years. Major projects in 2021 include starting construction on a new police station; South Central Trunk Storm (local storm improvements); east rink roof replacement; various streets; various improvements at Creekside (vessels, etc.), other equipment/vehicle replacements, water & wastewater and other facility improvements and other projects. Mr. Jaunich then provided an update on Facility Planning. Mr. Jaunich explained the process used by the Facility Committee for projects. This includes using a Facility Inventory and Facility Condition Index (FCI) with department heads and/or the facility manager. Inventory is compiled by using the FCI, possible projects are ranked based on the FCI and overall need, obtain bids for projects, determine how many projects can be achieved, award bids and complete the work. Mr. Jaunich explained that the Facility Committee is composed of nine staff members. Mr. Jaunich also explained the project prioritization criteria used which include public health, safety and welfare; facility preservation; facility condition index; facility utilization; and energy conservation. Facility assessment criteria includes envelope, roof, HVAC, lot/structure, electrical, interior, efficiency and mechanical. Mr. Jaunich also spoke more about the Facility Condition Index and the scoring used. Andy Reid, Finance Director, presented before the Council_ Mr. Reid provided an update on the Fleet Committee. Mr. Reid explained that the objective of the fleet policy is to reduce ongoing and replacement costs by addressing acquisition, use, maintenance and disposal of vehicles and equipment. The Fleet Committee is comprised of seven staff members and meet at least twice a year to review and recommend replacements and to review current year purchases and dispositions. The Committee also meets as needed to address immediate needs/opportunities. Mr. Reid spoke about acquisition procedures, disposition, utilization, maintenance, reporting and policy review. Mr. Reid noted that the Committee uses a Vehicle Condition Index (VCI) which is a point system measurement used to assess the condition of each vehicle. Annual replacements ideally shall consider the worst VCI scored vehicles and replacements can be prioritized within the 5-year CIP based on the VCL Mr. Reid reviewed the VCI factors used which include service age, miles or hours, utilization, reliability, maintenance and repair costs, condition and safety concerns. Mr. Reid explained the fleet inventory and what the general fund accounts for and what the enterprise funds account for. Mr. Reid spoke about the average annual replacement cost and funding of light fleet and heavy fleet replacements. Mr. Reid noted that the committee's focus for 2020 was to review and recommend 2021 replacements; prioritize fleet replacement for the 2021-2025 CIP; further analyze the VCI factors to determine if the VCI is accurately representing the actual need for replacement for all vehicle and equipment types; and discuss options to standardize the purchasing function for all departments, with potential consideration to a central purchasing employee for light fleet. Mr. Jaunich then reviewed the various City fund balances. Mr. Jaunich noted that these funds are fiscally healthy. The target cash balance for each fund is based on 50% of the 2020 budgeted operating expenses plus the 2020 debt service payments. It is a measure of liquidity and the ability of the enterprise fund to pay for its short-term obligations. Future capital needs and debt service are not taken into consideration when looking at the target cash balance. Mr. Jaunich also reviewed special projects fund balances which include the Community Improvement Fund, Capital Projects Fund and the Public Sites Fund. Mr. Jaunich also reviewed a list of staff concerns or items in need of being addressed. These include: impact on COVID-19 on City finances; what is the economy of the City going to look like 3, 6, 12 months from now?; will any of the City's state aid be impacted?; will the City receive any of the CARES funding?; growth of salaries/benefits; funding for new police station; long-term funding sources for heavy equipment; fleet funding is still insufficient; construction costs increasing; long-term plan for Creekside production; impact of water/wastewater storm rate study; and garbage hauling contract. Mr. Jaunich noted that Creekside has hired a consultant to review Creekside's business model and ways to improve it. Mr. Jaunich then reviewed the economic impacts of COVID-19. Mr. Jaunich noted that the current projected deficit is $246,000. This includes a $184,000 loss of revenue related to Park and Rec programs being cancelled and $62,000 loss of revenue/costs due to the DMV being shut down. There is also a $22,100 projected loss of local sales tax revenues. This estimate could be low dependent on how long the economy is closed down. Every 5% decrease in local sales tax revenue amounts to a $70,000 loss in revenue. The City may have to use cash reserves to cover debt payments. Other related expenses include $20,600 in estimated costs for service counter improvements to protect employees at the DMV, liquor store, administration/finance counter and building inspection/engineering locations. An additional $20,000 has been spent in early additional costs for PPE, leaning supplies, signage, etc. Mr. Jaunich noted it is unclear at this time what type of reimbursement, if any, the City could get from FEMA or State CARES Act funding. Mr. Jaunich also provided a 2020 financial forecast. Staff clarified what the State CARES Act funds could be used for cities. Mr. Jaunich asked the Council's thoughts/ideas on the 2021 budget: 1. tax levy goal? — 0%, moderate increase, or significant increase; 5-year budget plan called for an annual general levy increase of 3%; "very early look" calls for something around 5% (doesn't include any LGA changes), 2. Any services Council would like to see provided and/or increased/decreased in 2021? — Park & Rec, streets, equipment, etc., 3. Is there a specific project/item the Council would like to see budgeted for and/or done in 2021? — river/lake improvements, housing, infrastructure, etc., 4. Any fee/rate/transfer changes to look at in 2021? — utilities, licenses, rentals, programs, park dedication, etc. Council Member Czmowski suggested a levy increase could be between 3-5%. Mayor Forcier noted he would like a levy increase to be at 3%. Council Member Christensen suggested a levy increase of 34%. 3. Adjournment Motion by Christensen, second by Czmowski, to adjourn the workshop at 5:05 p.m. Roll call vote was taken: Christensen — aye; Czmowski — aye; Cook — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL MEETING MINUTES 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. 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 Matt Jaunich noted that Item 7(e) can be removed from the agenda. Motion by Czmowski, second by Christensen, to approve agenda as presented with the revision noted. 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 oftheprivate citizen, to andfor the City Council, and is not intended to ailiate 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 Council Member Cook thanked the Kamrath family for the statue addition that was installed in McLeod County Veterans' Park. He also noted that Tom Wirt had received the Prairie Star Award from the Southwest Minnesota Arts Council. PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to be recognized by the mayor— state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of May 12, 2020 Motion by Sebesta, second by Cook, 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 26, 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 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 (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 Item 7(c) was pulled for separate discussion. Motion by Christensen, second by Sebesta, 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(c) was pulled for separate discussion. Council Member Sebesta asked how this project is going to be paid for. Council Member Cook noted that funding will come from a grant. The purpose of this letter of support is to remind the County Commissioners that this is still an item of interest. There is a new grant to apply for by July 31, 2020. The project is being done in phases. Motion by Sebesta, second by Cook, to approve Item 7(c). Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. Council Member Cook clarified that McLeod County can put in requests for the amount of matching funds for grant applications. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Motion by Czmowski, second by Christensen, with Forcier abstaining, to approve Consent Agenda II. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye. Motion carried unanimously. 2 CITY COUNCIL MINUTES —May 26, 2020 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 Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that discussions have been taking place with a company for a project in the Industrial Park, however the builder and the manufacturing company have indicated to city staff that they are not quite ready to move ahead with the project this month. Therefore, staff is requesting to open the public hearing and continue it to June 23, 2020, at 6:00 p.m. Motion by Czmowski, second by Christensen, to continue public hearing to June 23, 2020, at 6:00 p.m. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 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 Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that city staff has been working closely with the Minnesota Civil Air Patrol to extend public utilities to their proposed training site within the boundaries of the City airport properties. Staff is working to deliver this project in the near future, but the ultimate approvals/awards will depend on the Civil Air Patrol's site development authorizations and associated schedule. Total project cost is estimated at approximately $400,000 and will be mainly funded through a development agreement with the Civil Air Patrol. Motion by Cook, second by Forcier, to close public hearing. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. Motion by Czmowski, second by Sebesta, to approve Resolution Nos. 15172 and 15173. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 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 CITY COUNCIL MINUTES —May 26, 2020 11. APPROVE/DENY ORDINANCE NO. 20-814 - AN ORDINANCE AMENDING CHAPTER 112 — LIQUOR REGULATIONS — TO ALLOW HOTELS (FIRST READING) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that at the last couple of Council meetings it has been discussed to amend the city code pertaining to issuing intoxicating liquor licenses to hotels. This discussion stemmed from the request of Cobblestone Hotel & Suites. Much of the discussion held pertained to whether or not to impose a food sales requirement for hotels. Attorney Sebora asked if the Council had given thought to food requirements. Council Member Sebesta asked if there were any concerns about employees of hotels under the age of 18 making liquor sales. Attorney Sebora stated that hotels would need to comply with the law, just like other businesses that sell alcohol. One way to ensure compliance is through the annual compliance checks that are done by the police department. Council Member Cook noted that he had some suggested language for the definition of hotel. The language is as follows: "A hotel qualifying under this chapter shall submit proof to the City Council that not less than 20% of the combined gross sales of 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 alcohol and total gross food sales of the hotel for the calendar year or fiscal year preceding the date of the renewal application. Complimentary food and beverages are not included in the gross sales calculation, but their fair market value shall be included in reports and financial statements provided to the City as required above." Other revisions that had been suggested that have been included in the ordinance include a provision not allowing display of alcoholic beverages at any time that alcoholic beverages are not available for sale and clarifying that a Sunday liquor license is required to sell alcohol on Sundays. Motion by Cook, second by Forcier, to approve first reading of Ordinance 20-814 with the revisions presented in the Council packet with the exception of the definition of hotel which will include the language presented by Council Member Cook as stated above. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. NEW BUSINESS 12. APPROVE/DENY SITZ SPECIAL ASSESSMENT AGREEMENT Matt Jaunich, City Administrator, noted that this was first discussed last November and the Council directed staff to work on an assessment agreement with Hazel Sitz. At that time, Ms. Sitz requested that the assessments on property she owns be deferred. This project was originally done to facilitate the building of Harmony River. The direction given to staff last November was to work on an assessment agreement that would extend the deferred assessment. Hutchinson Health paid Sitz's share to get the project going and Ms. Sitz was to pay the hospital after 10 years. Ms. Sitz had hoped to use land sales to pay the assessments but had little luck and only sold one lot enabling her .19 CITY COUNCIL MINUTES —May 26, 2020 to pay $7000 of the original $266,000 assessment amount. The remaining assessments were to be due June 22, 2020 and Ms. Sitz requested that the agreement be extended another 10 years. In the proposed 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 the current assessment amount; the outstanding assessment must be paid at the time the property is sold or transferred to a non -family member and all assessments must be paid by June 22, 2030. Council Member Cook asked how the assessments would be transferred to children/grandchildren. Dan Mahon, Sitz's legal counsel, noted that two trusts have been created and the assessments would be transferred to those trusts while Ms. Sitz is alive, however upon her death would become due. Council Member Cook suggested language to the agreement indicating that the assessments would be paid in full immediately if transfer of the property was to an individual/entity other than Sitz's children and/or grandchildren. Motion by Cook, second by Christensen, to approve Sitz agreement along with additional language to the agreement that was described tonight. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 13. APPROVE/DENY ISSUING TOBACCO LICENSE TO DIVERSIFIED MANAGEMENT GROUP, INC. Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that Diversified Management Group, Inc. has purchased the current Murphy USA gas station and will be opening a BP station. Because of the new ownership, a new tobacco license has been applied for. Motion by Cook, second by Christensen, to approve issuing tobacco license to Diversified Management Group, Inc. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 14. APPROVE/DENY ORDINANCE NO. 20-815 — AN ORDINANCE EXTENDING LOCAL STATE OF EMERGENCY Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that both the State of Minnesota and the City of Hutchinson are under a state of emergency. Mr. Sebora explained that the City implemented a local state of emergency in March, extended it in April and staff is requesting that it be extended again to coincide with the State's emergency order. This state of emergency allows the City to 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. Matt Jaunich explained that the local state of emergency allows him the authority to make administrative decisions that normally may need Council's authorization. 5 CITY COUNCIL MINUTES —May 26, 2020 Motion by Cook, second by Czmowski, to approve Ordinance 20-815. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 15. UPDATE ON CITY SERVICES Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that last week the administrative side of City Center opened up to the public. The DMV opened to the public via appointment only. Creekside has begun their Summer hours, which now includes Saturdays. The City campground plans to open on June 1st, which includes the dump station. Park and Recreation programs will be reviewed over the next month. Mr. Jaunich noted that it will be very difficult for the aquatic center to have a season this year. A final decision will be made by the end of the week, but again it will be very difficult to have a season based on the guidelines and restrictions that are in place. Mr. Jaunich asked the Council if they wish to continue to meet virtually or do they wish to reconvene in person back in the Council Chambers. Council Member Czmowski suggested continuing to meet virtually until the governor opens things up a bit more. GOVERNANCE e purpose 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) 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 Kent Exner — Mr. Exner provided project updates: Main Street project going well — Washington Avenue intersection has been paved and may be open in a week or so; Century Avenue water main reconfiguration complete and went well; VFW alley preliminary work being done; NE Ring Road study is going through phasing; River Basin bonding bill — Council Member Cook noted that Rep. Urdahl had a meeting today on the House bonding bill and was informed that some funding might be available for the project. Chief Gifferson — Mayor Forcier asked how Main Street detours are going — Chief Gifferson stated that detours are going well especially with the Franklin Street intersection being open now; Mayor Forcier also asked the shooting range being used multiple times per week— Chief Gifferson noted that the range is not used that frequently but he did remind the Council that it is a regional training facility that was agreed upon when the funding was received to build the range. This means that various agencies are allowed to use the range and not just HPD. Mary Haugen — Mr. Haugen provided an update on the work being done to the Recreation Center roof. Exterior walls will begin later this week and the schedule is still intact. Matt Jaunich — Mr. Jaunich noted that candidate filing opened last Tuesday and closes next Tuesday N CITY COUNCIL MINUTES —May 26, 2020 June 2nd at 5:00 p.m. Mr. Jaunich also noted that guidelines were distributed to restaurants for their outdoor dining that will begin on June 1st. Staff simply requests that restaurants with liquor licenses provide their plans to administration for approval along with a certificate of insurance showing the extended area is covered under their insurance policy. 18. COUNCIL/MAYOR UPDATE Steve Cook — Council Member Cook recognized staff on the beautiful work done on the pathway to the Kamrath statute in Veterans Memorial Park. Council Member Cook also noted with events being cancelled throughout the state, he inquired whether or not the Council has to do anything officially related to the Water Carnival. Mr. Jaunich explained that the Water Carnival committee has essentially cancelled almost all of their events other than a couple of things and the fireworks. The Council can consider whether or not to revoke permission for this event at its June 9th Council meeting. Chad Czmowski — Council Member Czmowski commented on the smooth process the DMV is using for appointments. ADJOURNMENT Motion by Cook, second by Sebesta, to adjourn at 6:50 p.m. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 7 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Consideration of City Policy Numbering Change - Pandemic Response Department: Administration LICENSE SECTION Meeting Date: 6/9/2020 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Attached is the City Pandemic Planning Policy. The action requested is to change the number of the policy from 3.27 to 3.35. This is required as policy number 3.27 is the number assigned to the City Leave Donation Policy. BOARD ACTION REQUESTED: Consideration and adoption of policy number change to Pandemic Response Policy 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 Policy No. 3-.2-7 7AL G-w POLICY -PERSONNEL- PANDEMIC RESPONSE DATE hAarnh 2020 SOURCE ADMINISTRATION NO. 3-.2-7 3.35 4 Pages PURPOSE: To establish policy and procedure for city staff response during a Pandemic Event. STATEMENT OF POLICY: In the event of a pandemic in the City of Hutchinson, the city would declare an "Emergency Declaration" to ensure that all available appropriate resources would be at their disposal during that situation and to document all expenses should the city be eligible for state and federal assistance. 1. What is a Pandemic? According to the Centers for Disease Control and Prevention, a pandemic is a global disease outbreak. A pandemic occurs under the following conditions: a. A new disease emerges, against which there is little or no immunity in humans. b. It spreads easily from human to human; and, c. It infects humans and causes severe illness, and even death. 2. Maintaining City Government City officials are committed to maintaining a working government should pandemic occur. Plans and strategies are being developed to ensure continuous operation of City services. City employees (regular full time and regular part time) may be especially concerned about how a pandemic outbreak could affect their jobs and livelihood. The following information is designed to provide general information on leave and pay options during a pandemic. 3. Work Options Essential/Emergency Employees City employees in the Essential/Emergency service departments that include police, fire, water, wastewater, and other public works departments such as cemetery and streets will be expected to report to work as directed. Absences will only be allowed per the following: 1) the employee's personal illness that may affect other employees, 2) circumstances that will be considered on a case -by -case basis and justify excusing an employee from duty because of an individual hardship or circumstance unique to the employee, and, 3) brief family emergencies. Employees refusing to follow orders may be subject to appropriate discipline, up to and including termination. The City is working to have measures in place to assist these employees to ensure that their families' needs are being adequately addressed to allow them to report to work and to perform their work efficiently and effectively. City employees not normally employed in an essential position but who may have skills and abilities to do so may be required to work in or be assigned to an essential position. Other Employees A pandemic may cause non -essential employees to be unable to work from their regular location, or they may have obligations outside the office because of a pandemic which might prevent them from reporting to their regular work location. Employees may also be unable to work because they or close family members are ill or contagious, or a decision may be made by City officials to reduce the potential for contact by recommending or directing employees remain at home. One way to slow the spread of disease is to minimize person -to -person contact, known as "social distancing". Workplaces may provide opportunities for a disease to spread, so in the event of a severe pandemic, City employees who are able to do so may be directed to work from an alternate location, afforded the opportunity to work an alternative schedule, or possibly telecommute (work from home). Alternative work schedules include, but may not be limited to, the following: a. Establishing different start and stop times for regularly scheduled work days b. Establishing different work days in the established work week c. Compressing work schedules( i.e. allowing an employee who normally works five 8-hour days to work four 10-hour days in the established workweek) d. Reducing hours Telecommuting opportunities will be considered on a case by case basis and allowed only as determined by the City. 4. Absences and Accrued Time If an employee or a family member (spouse, dependent child, parent, adult child, sibling, mother-in-law, father-in-law, grandchild, grandparent, or stepparent) becomes ill, the City Personnel Policy — Employee Handbook provides the following options: a. Sick Leave — The current City sick leave policy as included in the City Personnel Policy — Employee Handbook remains in place in the event of a pandemic influenza. Employees may request to use their accrued sick leave for their own illness or to care for a dependent child who is ill or receiving medical treatment. Up to a maximum of 160 hours of sick leave may be used for caring for the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. b. Sick leave may also be used if health authorities or a health care provider determine that an employee's exposure to a pandemic influenza virus jeopardizes the health of others by their presence on the job, even if he employee has not fallen ill. c. Vacation Leave/Compensatory Time — Employees have the option of requesting the use of accrued vacation leave and/or compensatory time during a pandemic influenza. This option would most likely be used when an employee anticipates that their available sick leave hours will not cover the anticipated absence due to their own personal illness or that of a close family member. Vacation and compensatory time use will not be granted to employees who are needed at work and who are not ill or caring for a sick close family member. Like sick leave, vacation leave may also be used if health authorities or a health care provider determine that an employee's exposure to a pandemic influenza virus jeopardizes the health of others by their presence on the job, even if he employee has not fallen ill. d. Donated Leave — The current City leave donation policy will remain in place during a pandemic influenza. e. Family Medical Leave Act — The Family Medical Leave Act gives eligible employees the right to take up to 12 weeks of leave without pay for a serious health condition or to care for a spouse, dependent child, or parent with a serious health condition. City policy requires that employees substitute accrued sick leave and/or vacation leave for the unpaid time. 5. Paid Pandemic Leave During a pandemic, paid leave is available to all regular full time and regular part time employees for a period of up to two weeks at their normal rate of pay. Paid pandemic leave may not exceed the standard scheduled hours per week for full-time employees and the average scheduled work hours per week for part-time employees. Leave may not result in an overtime situation. The leave is available to essential employees who are not able to work due to personal illness, quarantine, exposure to the pandemic illness, or other eligible absence, and to non -essential employees who are directed not to report to work, not working remotely, or not able to work due to illness, to care for an ill immediate family member, quarantine, child care issue, or other allowable absence. The Paid Pandemic leave is used prior to the use of any accrued sick leave, vacation leave, or compensatory time. When the paid pandemic leave is exhausted, employees may use any other accrued leave for absences related to a pandemic event. The City Council reserves the right to lengthen the available paid pandemic leave period provided by this policy depending on the pandemic situation and advisories issued by the Minnesota Department of Health (MDH) and the Centers for Disease Control (CDC). The temporary pandemic leave ceases when it is exhausted and/or when the Emergency Declaration by the City allowing for the leave is lifted, whichever occurs first. 6. Personal Leave Without Pay If an employee has exhausted his or her available annual or sick leave or other forms of paid time off, he or she may request leave without pay. The City Administrator may grant any regular employee a leave of absence without pay for a period not exceeding 90 days except that the City Administrator may extend such leaves to a maximum period of one year in case the employee is disabled or where extraordinary circumstances, in the City Administrator's judgment, such as a pandemic flu event, warrant such extension. No vacation, holiday, sick leave or other benefits, except group insurance coverage, shall accrue during a leave of absence without pay. The eligibility for group insurance during such leave shall be governed by the terms of the policy in force at the time. The City shall not pay any costs of insurance premiums for an employee taking a (personal) leave of absence without pay. 7. Lay -Off The City may need to lay-off non -essential employees. These employees may substitute accrued time (vacation/compensatory time) in lieu of unpaid lay-off. 8. Employee Pay The City is taking steps to ensure there will be no disruptions to the regular issuance of employee pay during a pandemic. Mandatory direct deposit will remain in effect. In the event of a pandemic disease outbreak, the City will adhere to the Fair Labor Standards Act regarding overtime compensation. Employees may be required to perform overtime work and the City may discipline an employee for failure to report for scheduled overtime work. 9. Insurance Coverage and Other Benefits a. Insurance - It is the City's understanding and intention that health, dental, life, and long term disability insurance benefits will continue regardless of the severity of a health crisis. In the event of unpaid personal leave without pay or a lay-off, insurance coverage ceases per the existing City plan. Employees may purchase coverage at their own expense per COBRA regulations. b. Flexible Spending Accounts (Health Care and Dependent Care) — The City does not see a need for special procedures for the Flexible Spending Account program at this time. Claims will continue to be submitted to TASC, the City's Flex plan administrator for processing and payment. Due to a pandemic event, there may be a significantly increased number of claims. This may increase the time it takes for claims to be processed and reimbursements to be received. 10. Family Plan City employees are encouraged to have a "family emergency plan" for their residence to ensure their family has provisions when the employee reports to work during the emergency. HUTCHINSON CITY COUNCIL cjty' _- Request for Board Action Agenda Item: Consideration of Numbering/Language Changes - Pandemic Response Policy Department: Administration LICENSE SECTION Meeting Date: 6/9/2020 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Attached is the City Pandemic Response Policy. The action requested is to change the number of the policy from 3.27 to 3.35. This is required as policy number 3.27 is the number assigned to the City Leave Donation Policy. It is also requested that the following changes also be considered by the Council: 1. Change the policy title to Pandemic Staffing to more accuratelyy reflect the purpose of the policy. 2. "Change the Statement of Policy" language to more accurtely describe the purpose of the policy. BOARD ACTION REQUESTED: Consideration and adoption of policy number, title and language changes to the Pandemic Response Policy. 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: V9-vls-�J -) 6-) Policy No. 3-.2-7 3.35 POLICY -PERSONNEL - PANDEMIC STAFFING RESPO SE NO. 3-.n3.35 DATE Marsh 0 2020 SOURCE ADMINISTRATION 4 Pages PURPOSE: To establish a policy an-pFesed '$ for city staffiag FespGnse during a Pandemic Event. STATEMENT OF POLICY: In the event of a pandemic in the City of Hutchinson, where the city would declares an "Emergency Declaration" city staffing may need to be ad'usted to slow the s read of the disease while at the same time allowing the City to continue to provide essential services. duFing that situation and te &GUFAent all expen6es should the Gity be eligible feF state and fedeFal ac sista RGe 1. What is a Pandemic? According to the Centers for Disease Control and Prevention, a pandemic is a global disease outbreak. A pandemic occurs under the following conditions: a. A new disease emerges, against which there is little or no immunity in humans. b. It spreads easily from human to human; and, c. It infects humans and causes severe illness, and even death. 2. Maintaining City Government City officials are committed to maintaining a working government should pandemic occur. Plans and strategies are being developed to ensure continuous operation of City services. City employees (regular full time and regular part time) may be especially concerned about how a pandemic outbreak could affect their jobs and livelihood. The following information is designed to provide general information on leave and pay options during a pandemic. 3. Work Options Essential/EmergencyEssential/Emergency Em to ees City employees in the Essential/Emergency service departments that include police, fire, water, wastewater, and other public works departments such as cemetery and streets will be expected to report to work as directed. Absences will only be allowed per the following: 1) the employee's personal illness that may affect other employees, 2) circumstances that will be considered on a case -by -case basis and justify excusing an employee from duty because of an individual hardship or circumstance unique to the employee, and, 3) brief family emergencies. Employees refusing to follow orders may be subject to appropriate discipline, up to and including termination. The City is working to have measures in place to assist these employees to ensure that their families' needs are being adequately addressed to allow them to report to work and to perform their work efficiently and effectively. City employees not normally employed in an essential position but who may have skills and abilities to do so may be required to work in or be assigned to an essential position. Other Employees A pandemic may cause non -essential employees to be unable to work from their regular location, or they may have obligations outside the office because of a pandemic which might prevent them from reporting to their regular work location. Employees may also be unable to work because they or close family members are ill or contagious, or a decision may be made by City officials to reduce the potential for contact by recommending or directing employees remain at home. One way to slow the spread of disease is to minimize person -to -person contact, known as "social distancing". Workplaces may provide opportunities for a disease to spread, so in the event of a severe pandemic, City employees who are able to do so may be directed to work from an alternate location, afforded the opportunity to work an alternative schedule, or possibly telecommute (work from home). Alternative work schedules include, but may not be limited to, the following: a. Establishing different start and stop times for regularly scheduled work days b. Establishing different work days in the established work week c. Compressing work schedules( i.e. allowing an employee who normally works five 8-hour days to work four 10-hour days in the established workweek) d. Reducing hours Telecommuting opportunities will be considered on a case by case basis and allowed only as determined by the City. 4. Absences and Accrued Time If an employee or a family member (spouse, dependent child, parent, adult child, sibling, mother-in-law, father-in-law, grandchild, grandparent, or stepparent) becomes ill, the City Personnel Policy — Employee Handbook provides the following options: a. Sick Leave — The current City sick leave policy as included in the City Personnel Policy — Employee Handbook remains in place in the event of a pandemic influenza. Employees may request to use their accrued sick leave for their own illness or to care for a dependent child who is ill or receiving medical treatment. Up to a maximum of 160 hours of sick leave may be used for caring for the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. b. Sick leave may also be used if health authorities or a health care provider determine that an employee's exposure to a pandemic influenza virus jeopardizes the health of others by their presence on the job, even if he employee has not fallen ill. c. Vacation Leave/Compensatory Time — Employees have the option of requesting the use of accrued vacation leave and/or compensatory time during a pandemic influenza. This option would most likely be used when an employee anticipates that their available sick leave hours will not cover the anticipated absence due to their own personal illness or that of a close family member. Vacation and compensatory time use will not be granted to employees who are needed at work and who are not ill or caring for a sick close family member. Like sick leave, vacation leave may also be used if health authorities or a health care provider determine that an employee's exposure to a pandemic influenza virus jeopardizes the health of others by their presence on the job, even if he employee has not fallen ill. d. Donated Leave — The current City leave donation policy will remain in place during a pandemic influenza. e. Family Medical Leave Act — The Family Medical Leave Act gives eligible employees the right to take up to 12 weeks of leave without pay for a serious health condition or to care for a spouse, dependent child, or parent with a serious health condition. City policy requires that employees substitute accrued sick leave and/or vacation leave for the unpaid time. 5. Paid Pandemic Leave During a pandemic, paid leave is available to all regular full time and regular part time employees for a period of up to two weeks at their normal rate of pay. Paid pandemic leave may not exceed the standard scheduled hours per week for full-time employees and the average scheduled work hours per week for part-time employees. Leave may not result in an overtime situation. The leave is available to essential employees who are not able to work due to personal illness, quarantine, exposure to the pandemic illness, or other eligible absence, and to non -essential employees who are directed not to report to work, not working remotely, or not able to work due to illness, to care for an ill immediate family member, quarantine, child care issue, or other allowable absence. The Paid Pandemic leave is used prior to the use of any accrued sick leave, vacation leave, or compensatory time. When the paid pandemic leave is exhausted, employees may use any other accrued leave for absences related to a pandemic event. The City Council reserves the right to lengthen the available paid pandemic leave period provided by this policy depending on the pandemic situation and advisories issued by the Minnesota Department of Health (MDH) and the Centers for Disease Control (CDC). The temporary pandemic leave ceases when it is exhausted and/or when the Emergency Declaration by the City allowing for the leave is lifted, whichever occurs first. 6. Personal Leave Without Pa If an employee has exhausted his or her available annual or sick leave or other forms of paid time off, he or she may request leave without pay. The City Administrator may grant any regular employee a leave of absence without pay for a period not exceeding 90 days except that the City Administrator may extend such leaves to a maximum period of one year in case the employee is disabled or where extraordinary circumstances, in the City Administrator's judgment, such as a pandemic flu event, warrant such extension. No vacation, holiday, sick leave or other benefits, except group insurance coverage, shall accrue during a leave of absence without pay. The eligibility for group insurance during such leave shall be governed by the terms of the policy in force at the time. The City shall not pay any costs of insurance premiums for an employee taking a (personae leave of absence without pay. 7. Lay -Off The City may need to lay-off non -essential employees. These employees may substitute accrued time (vacation/compensatory time) in lieu of unpaid lay-off. 8. Employee Pay The City is taking steps to ensure there will be no disruptions to the regular issuance of employee pay during a pandemic. Mandatory direct deposit will remain in effect. In the event of a pandemic disease outbreak, the City will adhere to the Fair Labor Standards Act regarding overtime compensation. Employees may be required to perform overtime work and the City may discipline an employee for failure to report for scheduled overtime work. 9. Insurance Coverage and Other Benefits a. Insurance - It is the City's understanding and intention that health, dental, life, and long term disability insurance benefits will continue regardless of the severity of a health crisis. In the event of unpaid personal leave without pay or a lay-off, insurance coverage ceases per the existing City plan. Employees may purchase coverage at their own expense per COBRA regulations. b. Flexible Spending Accounts (Health Care and Dependent Care) — The City does not see a need for special procedures for the Flexible Spending Account program at this time. Claims will continue to be submitted to TASC, the City's Flex plan administrator for processing and payment. Due to a pandemic event, there may be a significantly increased number of claims. This may increase the time it takes for claims to be processed and reimbursements to be received. 10. Family Plan City employees are encouraged to have a "family emergency plan" for their residence to ensure their family has provisions when the employee reports to work during the emergency. HUTCHINSON CITY COUNCIL ci=y�fAa� Request for Board Action 7AL =-W Resolution 15172 Approving the Decertification of Tax Increment Financing District #8 Agenda Item: of the City of Hutchinson Department: Finance LICENSE SECTION Meeting Date: 10/22/2019 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Tax Increment Financing district #8 (Agusta Housing), within the City's TIF project area #4, has no outstanding obligations and needs to be formally decertified. The county will be notified of the decertification and all tax increment revenue for this district will be discontinued at the end of 2020. Starting in 2021, property taxes for this district will be distributed to the City, County and School District in the same manner as all other property taxes. The remaining fund balance for this TIF district is being utilized by the HRA for housing rehabilitation grants. The district's required decertification date is 12/31/2021. BOARD ACTION REQUESTED: Approve resolution #15172. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A RESOLUTION NO. 15172 RESOLUTION APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT #8, AGUSTA HOUSING OF THE CITY OF HUTCHINSON WHEREAS, on August 23, 1994, the City of Hutchinson (the "City") created its Tax Increment Financing District No. 8 (the "District") within its Municipal Development District No. 4 (the "Project"); and WHEREAS, as of the date hereof all bonds and obligations to which tax increment from the district have been pledged have been paid in full or defeased and all other costs of the Project have been paid; and WHEREAS, the City wishes to decertify the District pursuant to Minnesota Statutes, section 469.177, subdivision 12 effective on December 31, 2020; and WHEREAS, the City desires by this resolution to cause the decertification of the District after which all property taxes generated within the District will be distributed in the same manner as all other property taxes. NOW THEREFORE, BE IT RESOLVED by the City Council that the City's staff shall take such action as is necessary to cause the County Auditor of McLeod County to decertify the District as a tax increment district and to no longer remit tax increment from the District to the City. ADOPTED by the City Council of the City of Hutchinson this 9th day of June, 2020. ATTEST: Matthew Jaunich City Administrator Gary T. Forcier Mayor CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 5/27/20 - 6/9/20 Check Date ----------------- 05/22/2020 Check ------------- EFT1216 Vendor Name -------------------------------------------------------- EFTPS Description Payroll 5/3 20 -5/16------------------------------------------------------- Payroll 5/3/20 - 5/16-20 Amount -----------------,575.49 67,575.49 05/22/2020 EFT1217 Child Support Payroll 5/3/20 - 5/16-20 577.29 05/22/2020 EFT1218 MN Dept of Revenue Payroll 5/3/20 - 5/16-20 13,149.54 05/22/2020 EFT1219 Provident Life Insurance Payroll 5/3/20 - 5/16-20 634.72 05/22/2020 EFT1220 PERA Payroll 5/3/20 - 5/16-20 55,804.34 05/22/2020 EFT1221 TASC-Flex Payroll 5/3/20 - 5/16-20 1,679.56 05/22/2020 EFT1222 TASC-H S A Payroll 5/3/20 - 5/16-20 15,376.43 05/22/2020 EFT1223 ICMA Payroll 5/3/20 - 5/16-20 3,288.52 05/22/2020 EFT1224 VOYA Payroll 5/3/20 - 5/16-20 330.00 05/22/2020 EFT1225 MNDCP Payroll 5/3/20 - 5/16-20 350.00 05/22/2020 210813 NCPERS Payroll 5/3/20 - 5/16-20 624.00 05/22/2020 210814 Unum Life Insurance Payroll 5/3/20 - 5/16-20 1,285.10 05/22/2020 210815 Law Enforcement Labor Services Payroll 5/3/20 - 5/16-20 186.00 05/22/2020 210816 HART Payroll 5/3/20 - 5/16-20 602.54 06/09/2020 210817 ABSOLUTE LOGISTICS LLC CREEKSIDE FREIGHTTO MULTIPLE LOCATIONS 650.00 06/09/2020 210818 ACE HARDWARE - 1315 REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 791.15 06/09/2020 210819 ACE HARDWARE - 6762 LED'S FOR SS MIXER - REFUSE 181.68 06/09/2020 210820 ACS SOLUTIONS LLC DISINFECTANT DEODORIZER FOR COVID SAFETY - PW 2,146.25 06/09/2020 210821 ALBRECHT, CJ REFUND: 12U FASTPITCH - REC 190.00 06/09/2020 210822 AMERICAN WATER WORKS ASSN KENT EXNER MEMBERSHIP RENEWAL- ENG 214.00 06/09/2020 210823 AMERIPRIDE SERVICES 5/18 CLEANING SERVICES - LIQUOR HUTCH 160.32 06/09/2020 210824 ANDERSON, APRIL REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210825 ANDERSON, BRENT REFUND: CAMPING RESERVATION - PARKS 70.00 06/09/2020 210826 APX CONSTRUCTION GROUP, LLC PAYAPP #1 THRU 4/30/20 - REC CENTER 55,951.77 06/09/2020 210827 ARTISAN BEER COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 1,316.76 06/09/2020 210828 ATKINSON, TRACI REFUND: 12U FASTPITCH - REC 190.00 06/09/2020 210829 AUTO VALUE - GLENCOE MISC EQUIPMENT PARTS & SUPPLIES - HATS 421.27 06/09/2020 210830 B & C PLUMBING & HEATING INC A/C REPAIR -AIRPORT 100.00 06/09/2020 210831 BASSLER, JENNY REFUND: 18U FASTPITCH - REC 190.00 06/09/2020 210832 BEERBOWER, TIFFANY REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210833 BELLBOY CORP COST OF GOODS SOLD - LIQUOR HUTCH 3,210.39 06/09/2020 210834 BERNICK'S COST OF GOODS SOLD - LIQUOR HUTCH 331.51 06/09/2020 210835 BLUE EARTH COUNTY SHERIFF 2020 REGIONAL LOGGING MAINTENANCE- POLICE 2,954.77 06/09/2020 210836 BOCK, STACY REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210837 BORKA, KIM REFUND: 14U & 16U FASTPITCH - REC 380.00 06/09/2020 210838 BRAUN INTERTEC CORP SOILS TESTING - VARIOUS STREETS PROJECTS 5,223.25 06/09/2020 210839 BREAKTHRU BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 11,881.20 06/09/2020 210840 BRUESEHOFF, CURTIS UB refund for account: 1-786-0239-0-02 10.86 06/09/2020 210841 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 74,815.68 06/09/2020 210842 CALDWELL MICHELE REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210843 CARD SERVICES MISC OFFICE SUPPLIES - POLICE 16.54 06/09/2020 210844 CARLOS CREEK WINERY COST OF GOODS SOLD - LIQUOR HUTCH 306.00 06/09/2020 210845 CARLSON, RORI REFUND: BOWLING CANCELLED - SR CENTER 39.00 06/09/2020 210846 CARS ON PATROL SHOP LLC VEHICLE TOWING & PD VEHICLE SETUP 8,862.36 06/09/2020 210847 CENTRAL HYDRAULICS COUPLERS, REDUCERS, PIPE- MULTIPLE DEPTS 1,023.32 06/09/2020 210848 CINTAS CORPORATION CLEANING SUPPLIES - MULTIPLE DEPTS 165.00 06/09/2020 210849 CORE & MAIN LP VB LIDS, BOX RISERS - WATER 1,062.60 06/09/2020 210850 CORNER POST EROSION CONTROL SOIL FILL & SEED FOR 5TH AVE PROJECT 500.00 06/09/2020 210851 CREEKSIDE SOILS BITCON & MULCH - MULTIPLE PARKS LOCATIONS 1,243.47 06/09/2020 210852 CROW RIVER AUTO & TRUCK REPAIR 2004 F350: TRANSMISSION SERVICE -STREETS 560.92 06/09/2020 210853 CROW RIVER PRESS INC SR NEWSLETTERS & PD COMPLAINT FORMS 160.80 06/09/2020 210854 CROW RIVER SIGNS GRAPHICS & SIGN - MULTIPLE DEPTS 805.00 06/09/2020 210855 CROW RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 1,209.60 06/09/2020 210856 CZECH, CRYSTAL REFUND: 14U FASTPITCH & HJLB BASEBALL- REC 325.00 06/09/2020 210857 CZECH, SHEILA REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210858 CZMOWSKI, DANA REFUND: 10 U GIRLS FASTPITCH & SR LEAGUE 325.00 06/09/2020 210859 DALE, CHARLENE REFUND: 16U FASTPITCH - REC 190.00 06/09/2020 210860 DELEGARD TOOL CO MISCSMALLTOOLS- MULTIPLEDEPTS 320.56 06/09/2020 210861 DELL MARKETING L.P. MONITORS - HUC 466.18 06/09/2020 210862 DEMERE, JENNIFER REFUND: 10U GIRLS FASTPITCH & HJLB 11Y- REC 415.00 06/09/2020 210863 DETECTACHEM INC MOBILE DETECT POUCHES - POLICE 188.50 06/09/2020 210864 DINGMANN, TODD REFUND: 12U-C FASTPITCH & 16U FASTPITCH - REC 940.00 06/09/2020 210865 DRAHOS, CRYSTAL REFUND: 12U FASTPITCH - REC 190.00 06/09/2020 1210866 1 DUHOUX, VICTORIA REFUND: 10U GIRLS FASTPITCH - REC 150.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 5/27/20 - 6/9/20 Check Date ----------------- 06/09/2020 Check ------------- 210867 Vendor Name -------------------------------------------------------- DUKE'- ROOTCONTROL, INC Description ------------------------------------------------------------------------------- SANITARY SEWER FOAMING ROOT CONTROL- WWTP Amount --------------------------- 9,249.28 06/09/2020 210868 DVS RENEWAL VEHICLE TABS - POLICE 28.50 06/09/2020 210869 DYNA SYSTEMS CARBURETOR CLEANER - WWTP 138.98 06/09/2020 210870 E2 ELECTRICAL SERVICES INC REPLACE LOW VOLTAGE FOR CARD READER -AIRPORT 2,894.61 06/09/2020 210871 ECKHART, RONDA REFUND: 16U FASTPITCH - REC 190.00 06/09/2020 210872 EHLERS & ASSOCIATES INC TIF DISTRICT 4-21: 1ST HALF FEE 4,500.00 06/09/2020 210873 ELK RIVER COMPOSTING INC 3/4 - 3/27-20 CONTRACTED COMPOST DELIVER 9,498.00 06/09/2020 210874 ENGELSMEIER, KATHY REFUND: BOWLING CANCELLED -SR CENTER 39.00 06/09/2020 210875 FASTENAL COMPANY EQUIPMENT PARTS & SUPPLIES- MULTIPLE DEPTS 2,676.75 06/09/2020 210876 FEDERAL SIGNAL CORP WARRANTY UP TO 10 USER LICENSE - POLICE 1,494.00 06/09/2020 210877 FILK, BOBBIE REFUND: 16U FASTPITCH - REC 190.00 06/09/2020 210878 FIRST CHOICE FOOD & BEVERAGE SOLUTI COFFEE - EDA 38.00 06/09/2020 210879 FIRST CLASS BUILDERS UB refund for account: 3-320-5750-2-07 73.13 06/09/2020 210880 FLORES, DANIELLE REFUND: HJLB 13U BASEBALL-ALEXANDER - REC 625.00 06/09/2020 210881 FOSTER MECHANICAL 5/15/20 HVAC REPAIR - LIQUOR HUTCH 360.88 06/09/2020 210882 FOX, GINA REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210883 FRANCO, PEDRO REFUND: 10U & 14U GIRLS FASTPITCH-ABIGAI 340.00 06/09/2020 210884 FRITSCH, KATELYN REFUND: 10U GIRLS FASTPITCH - REC 150.00 06/09/2020 210885 GEERS, KRISTIN REFUND: 10U GIRLS FASTPITCH - REC 150.00 06/09/2020 210886 GITCH GEAR LLC COST OF GOODS SOLD - LIQUOR HUTCH 136.00 06/09/2020 210887 GLASER, LANE REIMB: SAFETY FOOTWEAR - STREETS 101.99 06/09/2020 210888 GRAINGER PARTS & SUPPLIES - MULTIPLE DEPTS 698.72 06/09/2020 210889 HACH COMPANY TISABSOLUTION/INSTRUMENT TUBING SET- WATER 259.24 06/09/2020 210890 HANSEN, CHAD REFUND: 14U AB FASTPITCH TOURNEY- REC 345.00 06/09/2020 210891 HANSON & VASEK CONSTRUCTION REMOVE SIDE WALK FRONT CITY CENTER & MAKE ADA RAMP 13,206.34 06/09/2020 210892 HARBARTH, SARAH REFUND: 10U GIRLS FASTPITCH - REC 150.00 06/09/2020 210893 HAUAN, JESSI REFUND: 12U & 14U FASTPITCH - REC 95.00 06/09/2020 210894 HED,IRVING REFUND: CAMPING JUNE15-19-PARKS 160.00 06/09/2020 210895 HEIN, DOUG DRIVEWAY REPAIR RESTORATION FOLLOWING WATER LEAK 1,515.32 06/09/2020 210896 HICKLE, KERI REFUND: 10U GIRLS FASTPITCH - REC 150.00 06/09/2020 210897 HILGEMANN, RIKKI REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210898 HILLYARD / HUTCHINSON CLEANING SUPPLIES - MULTIPLE DEPTS 250.60 06/09/2020 210899 HJERPE CONTRACTING REPAIR MULTIPLE LEAKS & VALVES- WATER 7,917.00 06/09/2020 210900 HOLT MOTORS INC MULTIPLE VEHICLE INSPECTIONS- PARKS 837.13 06/09/2020 210901 HOWK, DAN REIMB: SAFETY FOOTWEAR - PARKS 160.00 06/09/2020 210902 HUSTAD, SHEILA REFUND: 18U FASTPITCH - REC 190.00 06/09/2020 210903 HUTCHINSON CHAMBER & TOURISM APRIL 2020 LODGING TAX 2,647.40 06/09/2020 210904 HUTCHINSON HEALTH TB TEST- PD EMPLOYEE 81.50 06/09/2020 210905 HUTCHINSON LEADER MAY ADVERTISING & PUBLISHING - MULTIPLE DEPTS 874.80 06/09/2020 210906 HUTCHINSON WHOLESALE#1550 FUELFILTER- STREETS 23.24 06/09/2020 210907 HUTCHINSON WHOLESALE #1552 OIL- PARKS 7.88 06/09/2020 210908 HUTCHINSON, CITY OF STORM DRAINAGE 4/1-4/30-20 5,405.04 06/09/2020 210909 I.M.S. SHARPENING SERVICE 5/19 CATCH BASIN REPAIR - STORM WATER 2,800.00 06/09/2020 210910 IDEALSERVICE INC REPLACEMENT VFD FOR HIGH SERVICE PUMP 2 - WATER 8,455.27 06/09/2020 210911 INGSTAD BROADCASTING ADVERTISING - LIQUOR HUTCH 1,009.50 06/09/2020 210912 INTEPLAST GROUP WONDERBLENDT' BAG FILM - COMPOST 4,711.98 06/09/2020 210913 INTERSTATE BATTERYSYSTEM MINNEAPOL BATTERIES- HATS 155.74 06/09/2020 210914 JOHNSON BROTHERS LIQUOR CO. COST OF GOODS SOLD - LIQUOR HUTCH 36,075.44 06/09/2020 210915 JOHNSON CONTROLS FIRE PROTECTION LP REPLACE DUCT, A/V - EVENT CENTER 1,089.00 06/09/2020 210916 JOHNSON, ALICIA REFUND: 10U GIRLS FASTPITCH - REC 150.00 06/09/2020 210917 JOHNSON, KELLY REFUND: 14U FASTPITCH & 11U HJLB - REC 455.00 06/09/2020 210918 KALEN BERG, TYRIINA REFUND: 18U FASTPITCH - REC 190.00 06/09/2020 210919 KARL, GAVIN REIMB: SAFETY FOOTWEAR -SEWER 94.99 06/09/2020 210920 KARNIK, BETH REFUND: 12U FASTPITCH - REC 190.00 06/09/2020 210921 KELLER,JEN REFUND: IOUFASTPITCHTOURNEY -REC 250.00 06/09/2020 210922 KERI'S CLEANING & HANDYMAN SERVICES MAY CLEANING & SUPPLIES- MULTIPLE DEPTS 2,461.12 06/09/2020 210923 KERN, PATTI REFUND: 10U GIRLS FASTPITCH - REC 150.00 06/09/2020 210924 KINGHORN, BRIANNA REFUND: 18U FASTPITCH TOURNEY- REC 345.00 06/09/2020 210925 KOHLS SWEEPING SERVICE RESTRIPING CENTURY AVE & CREEKSIDE FREIGHT SERVICES 2,835.00 06/09/2020 210926 KOHLS-CUMMINGS, LEAH REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210927 KOSEL,JEFF REFUND: 16UFASTPITCH TOURNEY -REC 345.00 06/09/2020 210928 KOSTERS, HEIDI REFUND: 16U FASTPITCH & 13U HJLB - REC 475.00 06/09/2020 210929 KROPP, STEVE SIGN & AWNING GRANT- EDA 1,000.00 06/09/2020 210930 KUHNAU, ASHLEY REFUND: 10U GIRLS FASTPITCH - REC 150.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 5/27/20 - 6/9/20 Check Date ----------------- 06/09/2020 Check ------------- 210931 Vendor Name -------------------------------------------------------- KUNKEL, JANA Description ----U ND:--------------------------------------------------------------------- REFUND: 14U FASTPITCH -REC Amount ------------------190. 0 190.00 06/09/2020 210932 L & P SUPPLY CO PARTS & SUPPLIES - MULTIPLE DEPTS 847.08 06/09/2020 210933 LAIDLAW, HANNAH REFUND: 16U FASTPITCH - REC 190.00 06/09/2020 210934 LANGINS, AMANDA REFUND: 10U GIRLS FASTPITCH - REC 150.00 06/09/2020 210935 LOCATORS & SUPPLIES MARKING PAINTS & FLAGS - PW 571.45 06/09/2020 210936 LOCHER BROTHERS INC COST OF GOODS SOLD - LIQUOR HUTCH 63,944.85 06/09/2020 210937 LOGIS NETWORK SERVICES THRU 4/18/20- MULTIPLE DEPTS 500.00 06/09/2020 210938 LONCORICH, STEPHANIE REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210939 LUTHENS, MELISSA REFUND: 10U GIRLS FASTPITCH - REC 200.00 06/09/2020 210940 MACQUEEN EQUIP LLC NEW MOTOR FOR STORM WATER EQUIP 693.84 06/09/2020 210941 MADDEN GALANTER HANSEN LLP LABOR RELATIONS SERVICES THRU 4/30/20 - POLICE 342.70 06/09/2020 210942 MAGUIRE EXCAVATING & PAVING CO PAVING ON 1ST AVE NW -STREETS 4,870.00 06/09/2020 210943 MAKI, MICHELLE REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210944 MARCO TECHNOLOGIES, LLC VEEAM ANNUAL BASIC & DATA RENEWAL- 8/17/20 - 8/16/21 1,366.20 06/09/2020 210945 MARCO TECHNOLOGIES, LLC 5/20- 6/20-20 CONTRACT- MULTIPLE DEPTS 1,582.40 06/09/2020 210946 MARSHALL CONCRETE PRODUCTS COBBLE STONE, SAND, EDGING @ VETERANS PARK 316.42 06/09/2020 210947 MARTIN, KIM REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210948 MARTINEZ, CATHY REFUND: 16U FASTPITCH & 11U HJLB - REC 455.00 06/09/2020 210949 MATHESON TRI-GAS INC HIGH PRESSURE - WWTP 22.17 06/09/2020 210950 MATHEWS, SARAH REFUND: 10U GIRLS FASTPITCH & HJLB 13U - REC 435.00 06/09/2020 210951 MAYER, JAMIE REFUND: 12U FASTPITCH - 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REC 190.00 06/09/2020 210965 NELSEN, MARGIE REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210966 NORTH CENTRAL BUS & EQUIPMENT INC VARIOUS STYLES OF LIGHTS - WWTP 1,035.30 06/09/2020 210967 NORTHERN BUSINESS PRODUCTS GLOVES, MASKS, SOAP - MULTIPLE DEPTS 127.92 06/09/2020 210968 NORTHERN STATES SUPPLY INC WIRE, CONNECTORS - HATS 44.95 06/09/2020 210969 O'REILLYAUTO PARTS BATTERY, ALTERNATOR- PARKS 318.09 06/09/2020 210970 OFFICE DEPOT OFFICE SUPPLIES - MULTIPLE DEPTS 163.75 06/09/2020 210971 OLSON, CRYSTAL REFUND: 12U FASTPITCH - REC 190.00 06/09/2020 210972 PALLANSCH, MARK REFUND: 18U FASTPITCH TOURNEY- REC 345.00 06/09/2020 210973 PAULSON, JOHN REIMB: SAFETY FOOTWEAR -STORM WATER 145.45 06/09/2020 210974 PAUSTIS WINE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 1,450.50 06/09/2020 210975 PAVEMENT RESOURCES 5/27PAVEMENT REPAIR -STREETS 3,500.00 06/09/2020 210976 PEAVY, ANNIE REFUND: 12U FASTPITCH - REC 190.00 06/09/2020 210977 PECK, BONNIE REFUND: 16U FASTPITCH - REC 190.00 06/09/2020 210978 PENMAC STAFFING SERVICES, INC. CREEKSIDE TEMPORARY STAFFING 2,220.89 06/09/2020 210979 PEOPLEREADY INC CREEKSIDE TEMPORARY STAFFING 1,906.24 06/09/2020 210980 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 22,429.08 06/09/2020 210981 PLAMANN, ALLISON REFUND: 10U & 12U GIRLS FASTPITCH - REC 340.00 06/09/2020 210982 PLUMBING & HEATING BY CRAIG BATHROOM PLUMBING @ ELKS PARK 2,861.56 06/09/2020 210983 PLUN KETTS PEST CONTROL PEST CONTROL -ARENA 205.50 06/09/2020 210984 POSTMASTER POSTAGE FOR UTILITY BILLS 1,540.00 06/09/2020 210985 PRATHER, NORINE UB refund for account: 1-570-0980-9-00 14.77 06/09/2020 210986 PREHN, DAWN REFUND: CAMPING MAY 22-24- PARKS 105.00 06/09/2020 210987 PREMIER TECH CHRONOS BAGGER EQUIPMENT PARTS - COMPOST 4,516.43 06/09/2020 210988 PRIEVE LAWN CARE PRUNING & DISPOSAL- LIQUOR HUTCH 347.34 06/09/2020 210989 PRO AUTO MN INC. 2019 FORD ESCAPE: OIL CHANGE & SERVICE - BLDG INSP 29.05 06/09/2020 210990 PUTZIER, CHERYL REFUND: SHELTER FOR NORTHWOODS PARK 6/13 45.00 06/09/2020 210991 QUILL CORP VARIOUS OFFICE SUPPLIES - POLICE 453.07 06/09/2020 210992 QUNELL, KAITLYN REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210993 R & R EXCAVATING & RELIAFUNDS ESCR 1_21319-02 SOUTH GRADE ROAD CORRIDOR IMPRV - STREETS 12,793.94 06/09/2020 210994 RADKE, ANGIE REFUND: 10U & 16U GIRLS FASTPITCH - REC 340.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 5/27/20 - 6/9/20 Check Date ----------------- 06/09/2020 Check ------------- 210995 Vendor Name -------------------------------------------------------- RANNOW, CALEB Description ---------------------------------- ----U N D:---------------- I R LS FAST - FASTPITCH REFUND: 10U & 14U GIRLS FASTPITCH -REC Amount -------------------40.0 -- 440.00 06/09/2020 210996 REFLECTIVE APPAREL FACTORY INC BOMBERJACKETS- STREETS 433.89 06/09/2020 210997 REINER ENTERPRISES INC CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 675.00 06/09/2020 210998 REITER, KELLI REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 210999 RENNING, ABRAH REFUND: 16U FASTPITCH - REC 190.00 06/09/2020 211000 REVIER WELDING WELDING SERVICES & 14 GA SQUARE TUBE - COMPOST 1,066.28 06/09/2020 211001 RHINO MARKING & PROTECTION SYSTEMS RHINO FIBERGLASS POSTS - PARKS 163.47 06/09/2020 211002 ROGNLI, IRIS REFUND: ROTARY PARK 6/13 - PARKS 45.00 06/09/2020 211003 ROSTBERG, HEIDI REFUND: 12U FASTPITCH - REC 150.00 06/09/2020 211004 RUNKE,JOLEEN REFUND: NORTHWOODS SHELTER RENTAL 6/28- 45.00 06/09/2020 211005 RUNNING'SSUPPLY REPAIR&MAINTSUPPLIES- MULTIPLEDEPTS 989.27 06/09/2020 211006 SAKAMOTO, YASUSHI REFUND: 10U GIRLS FASTPITCH - REC 300.00 06/09/2020 211007 SALTMAN LLC SOFTENER SALT - ARENA 77.00 06/09/2020 211008 SANDELL, JOYCE REFUND: CAMPGROUND 6/25 - PARKS 50.00 06/09/2020 211009 SCHILLER, MONICA REFUND: 10U & 12U GIRLS FASTPITCH - REC 300.00 06/09/2020 211010 SCHUETTE, WENDY REFUND: 12U FASTPITCH - REC 380.00 06/09/2020 211011 SEAGRAVES, RICK REFUND: 14U-C FASTPITCH TOURNEY - REC 345.00 06/09/2020 211012 SEEMANN, KIM REFUND: 12U FASTPITCH - REC 190.00 06/09/2020 211013 SELLE, JONI REFUND: 10U GIRLS FASTPITCH - REC 150.00 06/09/2020 211014 SHORT-ELLIOT-HENDRICKSON, INC ENGINEERING CONSULTING FEES- MULTIPLE PW PROJECTS 4,395.08 06/09/2020 211015 SIMONSON LUMBER CO SEALANT & SPRINGS- PARKS 68.80 06/09/2020 211016 SI RCH I E ACQU ISITION COMPANY, LLC TESTS- POLICE 144.95 06/09/2020 211017 SITEONE LANDSCAPE SUPPLY HERBICIDE - PARKS 600.00 06/09/2020 211018 SKELTON, MELISSA REFUND: DEPOT RENTAL 6/14 - PARKS 70.00 06/09/2020 211019 SKROVE, THERESA REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 211020 SMITH, MELISSA REFUND: DRIVER EDUCATION -COMM ED 99.00 06/09/2020 211021 SMITH, SARAH REFUND: 10U GIRLS FASTPITCH - REC 150.00 06/09/2020 211022 SMITH, SHERI REFUND: 10U GIRLS FASTPITCH - REC 150.00 06/09/2020 211023 SMITH, STUART REFUND: 18U FASTPITCH TOURNEY- REC 345.00 06/09/2020 211024 SNO DEPOT, LLC STREETS EQUIPMENT MAINTENANCE 895.00 06/09/2020 211025 SOLUS LED LIGHT BULBS - REFUSE/COMPOST 4,124.00 06/09/2020 211026 SORGATZ, JAM IE REFUND: 12U & 14U FASTPITCH - REC 95.00 06/09/2020 211027 SOUTHERN WINE & SPIRITS OF MN COST OF GOODS SOLD - LIQUOR HUTCH 17,440.08 06/09/2020 211028 STANDARD PRINTING-N-MAILING UTILITY BILLS & POSTAGE - MULTIPLE DEPTS 4,595.72 06/09/2020 211029 STAPLES ADVANTAGE OFFICE SUPPLIES - MULTIPLE DEPTS 210.97 06/09/2020 211030 STAR TRIBUNE 1 YEAR SUBSCRIPTION - WWTP 182.00 06/09/2020 211031 STERN, BARRY REFUND: 16U FASTPITCH TOURNEY- REC 345.00 06/09/2020 211032 STREICH TRUCKING CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 795.00 06/09/2020 211033 TARGET PEST CONTROL PEST CONTROL SERVICES - MULTIPLE DEPTS 350.00 06/09/2020 211034 TASC 7/1/20 - 9/30/20 HSA ADMIN FEES 1,483.44 06/09/2020 211035 TITAN MACHINERY 2020 CASE 621G WHEEL LOADER W/ BUCKET- PW 165,627.00 06/09/2020 211036 TRI COUNTY WATER BOTTLE WATER DELIVERY - REFUSE/COMPOST 167.15 06/09/2020 211037 TRI-STATE BOBCAT STREETS BOBCAT REPAIRS 353.87 06/09/2020 211038 TRIMBO, DANIELLE UB refund for account: 3-445-3170-5-02 76.96 06/09/2020 211039 TRNKA,JAMES REIMB:SAFETYFOOTWEAR- STREETS 175.00 06/09/2020 211040 TRUE BRANDS COST OF GOODS SOLD - LIQUOR HUTCH 409.62 06/09/2020 211041 TSCHIDA, HALEY REFUND: 14U & 14U AB FASTPITCH TOURNEYS REC 690.00 06/09/2020 211042 TWO-WAY COMMUNICATIONS INC INSTALL IN PAYLOADER & PARTS- STREETS 242.80 06/09/2020 211043 ULRICH, TIM SIGN & AWNING & FACADE GRANTS - EDA 6,000.00 06/09/2020 211044 UNITED FARMERS COOP FUEL- HATS 8,143.42 06/09/2020 211045 UNITED PACKAGING & DESIGN 5 PALLETS OF UVI STRETCH -COMPOST 7,404.00 06/09/2020 211046 URBAN SPRITE MEDIA 3/23 - 3/27 RADIO SPOTS - COMPOST 750.00 06/09/2020 211047 USA BLUE BOOK RUBBER GASKETS - WWTP 99.16 06/09/2020 211048 VANDERSCHEUREN, MICHAEL REFUND: 12C FASTPITCH TOURNEY- REC 250.00 06/09/2020 211049 VANDESTEEG, DANIEL REIMB: SAFETY FOOTWEAR - WWTP 101.99 06/09/2020 211050 VERIZON CONNECT NWF, INC. APR PHONE SERVICES - STREETS 82.25 06/09/2020 211051 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 24,973.75 06/09/2020 211052 VI KING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 367.70 06/09/2020 211053 VIKING SIGNS & GRAPHICS INC VINYL ID NUMBERS - STREETS & CEMETERY 60.00 06/09/2020 211054 VINOCOPIA INC COST OF GOODS SOLD - LIQUOR HUTCH 3,712.75 06/09/2020 211055 VONBERGE, APRIL REFUND: 10U & 14U GIRLS FASTPITCH - REC 340.00 06/09/2020 211056 WASHBURN, NICOLE REFUND: 10U GIRLS FASTPITCH & HJLB 11U - REC 415.00 06/09/2020 211057 WASTE MANAGEMENT OF WI -MN 5/1- 5/15 REFUSE - MULTIPLE DEPTS 6,195.60 06/09/2020 211058 WATERVILLE FOOD & ICE ICOST OF GOODS SOLD - LIQUOR HUTCH 1,192.72 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 5/27/20 - 6/9/20 Check Date ----------------- 06/09/2020 Check ------------- 211059 Vendor Name -------------------------------------------------------- WAWRZYNIAK, SCOTT Description ----U ND:--------------------------------------------------------------------- REFUND: 12U FASTPITCH -REC Amount ------------------190. 0 190.00 06/09/2020 211060 WEHKING, MARIAH REFUND: WEDDING RECEPTION CANCELLED - EV CENTER 1,250.00 06/09/2020 211061 WELTER, SCOTT REFUND: 14U AB FASTPITCH TOURNEY - REC 345.00 06/09/2020 211062 WENZEL, JESSICA REFUND: 10U & 12U GIRLS FASTPITCH - REC 340.00 06/09/2020 211063 WEST CENTRAL SHREDDING 3 CONSOLES - VARIOUS DEPTS 167.00 06/09/2020 211064 WESTER, JULIE REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 211065 WHITAKER, ROGER LIGHTING -AIRPORT 160.00 06/09/2020 211066 WILSON'S NURSERY INC LILAC & MAPLE TREES 1,075.15 06/09/2020 211067 WILSON, MELISSA REFUND: 16U FASTPITCH - REC 190.00 06/09/2020 211068 WINE COMPANY, THE COST OF GOODS SOLD - LIQUOR HUTCH 3,137.30 06/09/2020 211069 WINE MERCHANTS INC COST OF GOODS SOLD - LIQUOR HUTCH 630.44 06/09/2020 211070 WINEBOW FINE WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 1,621.00 06/09/2020 211071 WM MUELLER & SONS FINE ASPHALT, 2020 STREET REPAIRS 11,232.66 06/09/2020 211072 WURDELL, ELIZABETH REFUND: 16U FASTPITCH & 10U HJLB - REC 505.00 06/09/2020 211073 YOUNG, SARAH REFUND: 14U FASTPITCH - REC 190.00 06/09/2020 211074 ZARNOTH BRUSH WORKS INC NEW BROOMS & CABLEWRAP FOR STREET SWEEPER 3,114.00 Total - Check Disbursements: 1$ 763,631.45 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Public Hearing to Consider Comments and Input on the SWPPP Department: Public Works LICENSE SECTION Meeting Date: 6/9/2020 Application Complete N/A Contact: Kent Exner/John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Per requirements of the MPCA whom administer the National Pollution Discharge Elimination System (NPDES) Phase II permit, the City must have a Public Meeting and consider comments prior to submitting the Storm Water Pollution Prevention Plan (SWPPP) Annual Report for 2019. This regulation applies to all cities that are determined to have and maintain a Municipal Separate Storm Sewer System (MS4). Public comment and testimony will be received at this hearing. City staff will provide a presentation about the City's MS4 storm water program and 2018 activities that were performed. BOARD ACTION REQUESTED: Approval of MS4 Annual Report for 2019 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: MINNESOTA POLLUTION CONTROL AGENCY You are currently logged in as: Hutchinson City MS4 If this is correct, click the 'Next' button. If this information is incorrect, contact Cole Landgraf (651-757-2880, cole.landgraf@state.mn.us). Before you begin... A fillable Microsoft Word document with all of the questions is available at https://stormwater.pca.state.mn.us/index.php?title=MS4 Annual Report (for personal use only, not for submittal). The MS4 Annual Report for 2019 will automatically save your answers when you hit the `Next' button at the bottom of each page. If you wish to leave the MS4 Annual Report for 2019 and complete the document at another time, you may do so by clicking `Next' at the bottom of your current page to save your progress before exiting the document. Return to the survey by following the previously used web link, and again login using your email and assigned password credentials. Once you successfully log in, your previous answers will appear. The MPCA will email a formatted version of your MS4 Annual Report for 2019 to you in a confirmation email within three business days after you submit this form. You may print a copy of the MS4 Annual Report for 2019 for your records at any time by pressing the `Print' button at the bottom of the page. Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2019 if you are working on a computer with OneNote (a program often included in Microsoft Office packages). Detailed saving instructions are available at stormwater.pca.state.mn.us/index.php/Guidance for saving MS4 annual reports. MS4 Annual Report for 2019 Reporting period: January 1, 2019 to December 31, 2019 https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aaOc4fd6l f60c00e 1 /17 Due: June 30, 2020 Instructions: Complete this annual report to provide a summary of your activities under the 2013 MS4 Permit (Permit) between January 1, 2019 and December 31, 2019. MPCA staff may contact you for additional information. Fillable document available at https://stormwater.pca.state.mn.us/index.php? title=MS4 Annual Report (for personal use only, not for submittal). Questions: Contact Cole Landgraf (cole.landgraf@state.mn.us, 651-757-2880) MS4 General Contact Information Full name John Paulson Title Project/Environmental/Regulatory Manager Ma iling g address 111 Hassan St SE addre City Hutchinson State MN Zip code 55350 Phone 3202345682 Email jpaulson@ci.hutchinson.mn.us Preparer Contact Information (if different from the MS4 General Contact) Full name Title Organization Mailing address City State Zip code Phone Email MCM 1: Public Education and Outreach The following questions refer to Part III.D.1. of the Permit. https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aaOc4fd6l f60c00e 2/17 11-Y aKINII Q2 Did you select a stormwater-related issue of high priority to be emphasized during this Permit term? [Part III.D.1.a.(1)] QQ Yes p No Q3 What is your stormwater-related issue(s)? Check all that apply. ❑ TMDL(s) ❑ Local businesses Q Residential BMPs ❑ Pet waste ❑ Yard waste ❑ Deicing materials ❑ Household chemicals ❑ Construction activities ❑ Post -construction activities ❑ Other Q4 Have you distributed educational materials or equivalent outreach to the public focused on illicit discharge recognition and reporting? [Part III.D.1.a.(2)] Q Yes p No Q5 Do you have an implementation plan as required by the Permit? [Part III.D.1.b.] QQ Yes p No Q6 How did you distribute educational materials or equivalent outreach? Check all that apply and provide circulation/audience associated with each item. [Part III.D.1.a.] Q Brochure 12 Newsletter Q Utility bill insert ❑ Newspaper ad ❑ Radio ad ❑ Television ad ❑ Cable access channel ❑ Stormwater-related event Q School presentation or project Q Website Q Other (1) ❑ Other (2) ❑ Other (3) Other (1), Rain Barrel Sale describe. https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aa0c4fd6l f60c00e 3/17 6/2/2020 Q7 Intended audience? Check all that apply. Local Residents Businesses Developers Students Employees Other Brochure Q 19 O O O O Newsletter ❑ ❑ Q ❑ ❑ ❑ Utility bill insert Q Q ❑ ❑ Q ❑ School presentation or O O O O O O project Website Q Q Q Q Q ❑ Other (1) 0 O O ❑ ❑ ❑ Q8 Enter the total circulation/audience (if unknown, use best estimate): Brochure 15500 Newsletter 55 Utility bill insert 15000 School presentation 25 or project Website 125 Other (1) 63 Provide a brief description of each activity related to public education and outreach (e.g. rain garden workshop, school presentation, public works open house) held and the date each activity was held from January 1, 2019 to December 31, 2019. [Part III.D.1.c.(4)] https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aaOc4fd6l f60c00e 4/17 11-Y aNIXII Q9 Date of activity Q10Description of activity Date 4/27/2019 (mm/dd/yyyy) Date 4/25/2019 (mm/dd/yyyy) Date 4/26/2019 (mm/dd/yyyy) Date 6/11/2019 (mm/dd/yyyy) Date (mm/dd/yyyy) Date (mm/dd/yyyy) Date (mm/dd/yyyy) Date (mm/dd/yyyy) Rain Barrel Sale. 63 sold Rain Garden cleanout and mulching with Hutchinson High School Ag Science class. Provided talk to group about function/design of rain gardens and importance of maintaining SW infrastructure. 25 total Trash/litter/storm drain marking volunteer event with New Century Academy students and staff. Provided talk to group about function of storm water system and preventing illicit discharges. Public Meeting that was also aired on HCVN. Overview of Hutchinson MS4 program and specific components related to storm water education. Q11 Between January 1, 2019 and December 31, 2019, did you modify your BMPs, measurable goals, or future plans for your public education and outreach program? [Part W.B.] p Yes QQ No MCM 2: Public Participation/Involvement The following questions refer to Part III.D.2.a. of the Permit. Q12 You must provide a minimum of one opportunity each year for the public to provide input on the adequacy of your Stormwater Pollution Prevention Program (SWPPP). Did you provide this opportunity between January 1, 2019 and December 31, 2019? [Part III.D.2.a.(1)] QQ Yes p No https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aa0c4fd6l f60c00e 5/17 Q13 What was the opportunity that you provided? Check all that apply. Q Public meeting ❑ Public event ❑ Other Q14 Did you hold a stand-alone meeting or combine it with another event? ❑ Stand-alone Q Combined Enter the date of the public 06/11/2019 meeting (mm/dd/yyyy): Enter the number of citizens that attended and 7 were informed about your SWPPP: Q17 Between January 1, 2019 and December 31, 2019, did you receive any input regarding your SWPPP? p Yes QQ No Q19 Between January 1, 2019 and December 31, 2019, did you modify your BMPs, measurable goals, or future plans for your public participation/involvement program? [Part W.B.] p Yes QQ No MCM 3: Illicit Discharge Detection and Elimination The following questions refer to Part III.D.3. of the Permit. Q20 Do you have a regulatory mechanism which prohibits non-stormwater discharges to your MS4? [Part III.D.3.b.] QQ Yes p No Q21 Did you identify any illicit discharges between January 1, 2019 and December 31, 2019? [Part III.D.3.h.(4)] Q Yes p No https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aa0c4fd6l f60c00e 6/17 11-Y aKINII Q22 Enter the number of illicit discharges detected: Q23 How did you discover these illicit discharges? Check all that apply and enter the number of illicit discharges discovered by each category. Q Public complaint Q Staff Q24 Enter the number discovered by the public: 4 Q25 Enter the number discovered by staff: 3 Q26 Did any of the discovered illicit discharges result in an enforcement action (this includes verbal warnings)? QQ Yes p No Q27 What type of enforcement action(s) was taken and how many of each action were issued between January 1, 2019 and December 31, 2019? Check all that apply. Q Verbal warning Q Notice of violation Q Fines Q Criminal action Q Civil penalties Q Other Enter the number of verbal 1 warnings issued: Enter the number of notice 2 of violations issued: Q28 Did the enforcement action(s) taken sufficiently address the illicit discharge(s)? QQ Yes p No Q30 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your illicit discharge regulatory mechanism(s)? [Part III.B.] QQ Yes p No https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aa0c4fd6l f60c00e 7/17 11-Y aKINII Q31 Between January 1, 2019 and December 31, 2019, did you train all field staff in illicit discharge recognition (including conditions which could cause illicit discharges) and reporting illicit discharges for further investigations? [Part III.D.3.e.] Q Yes p No Q32 How did you train your field staff? Check all that apply. ❑ Email ❑ PowerPoint ❑ Presentation ❑ Video ❑ Field Training Q Other Other, describe: Posters distributed to each department with information related to identifying illicit discharges as well as who to contact if they do. The following questions refer to Part III.C.1. of the Permit. Q33 Did you update your storm sewer system map between January 1, 2019 and December 31, 2019? [Part I I I.C.1.] QQ Yes p No Q34 Does your storm sewer map include all pipes 12 inches or greater in diameter and the direction of stormwater flow in those pipes? [Part III.C.1.a.] Q Yes p No Q35 Does your storm sewer map include outfalls, including a unique identification (ID) number and an associated geographic coordinate? [Part III.C.1.b.] QQ Yes p No Q36 Does your storm sewer map include all structural stormwater BMPs that are part of your MS4? [Part III.C.1.c.] QQ Yes p No Q37 Does your storm sewer map include all receiving waters? [Part III.C.1.d.] QQ Yes p No https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aaOc4fd6l f60c00e 8/17 Q38 In what format is your storm sewer map available? p Hardcopy only QQ GIs p CAD p Other Q39 Between January 1, 2019 and December 31, 2019, did you modify your BMPs, measurable goals, or future plans for your illicit discharge detection and elimination (IDDE) program? [Part IV.B.] p Yes QQ No MCM 4: Construction Site Stormwater Runoff Control The following questions refer to Part III.D.4. of the Permit. Q40 Do you have a regulatory mechanism that is at least as stringent as the Agency's general permit to Discharge Stormwater Associated with Construction Activity (CSW Permit) No. MN R100001(http://www.pca.state.mn.us/index.php/view-document.htmI? gid=18984) for erosion and sediment controls and waste controls? [Part III.D.4.a.] QQ Yes p No Q41 Have you developed written procedures for site plan reviews as required by the Permit? [Part III.D.4.b.] Q Yes p No Q42 Have you documented each site plan review as required by the Permit? [Part III.D.4.f.] QQ Yes p No Q43 Enter the number of site plan reviews conducted for sites an acre or greater of soil disturbance between January 1, 2019 and December 31, 2019: 13 https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aa0c4fd6l f60c00e 9/17 11-Y aKINII Q44 What types of enforcement actions do you have available to compel compliance with your regulatory mechanism? Check all that apply and enter the number of each used from January 1, 2019 to December 31, 2019. Q Verbal warnings Q Notice of violation ❑ Administrative orders Q Stop -work orders ❑ Fines ❑ Forfeit of security of bond money Q Withholding of certificate of occupancy Q Criminal actions Q Civil penalties ❑ Other Enter the number of verbal 13 warnings issued: Enter the number of notice of 1 violations issued: Enter the number of stop -work 10 orders issued: Enter the number of withholdings of certificate o of occupancy issued: Enter the number criminal 0 actions issued: Enter the number of civil 0 penalties issued: Q45 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your construction site stormwater runoff control regulatory mechanism(s)? [Part III.B.] QQ Yes p No https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aa0c4fd6l f60c00e 10/17 11-Y aKINII Q46 Enter the number of active construction sites an acre or greater that were in your jurisdiction between January 1, 2019 and December 31, 2019: 9 Q47 Do you have written procedures for identifying priority sites for inspections? [Part III.D.4.d.(1)] Q Yes p No Q48 How are sites prioritized for inspections? Check all that apply. ❑ Site topography ❑ Soil characteristics ❑ Types of receiving water(s) Q Stage of construction Q Compliance history Q Weather conditions ❑ Citizen complaints ❑ Project size ❑ Other Q49 Do you have a checklist or other written means to document site inspections when determining compliance? [Part III.D.4.d.(4)] QQ Yes p No Q50 Enter the number of site inspections conducted for sites an acre or greater between January 1, 2019 and December 31, 2019: 105 Q51 Enter the frequency at which site inspections are conducted (e.g. daily, weekly, monthly): [Part III.D.4.d.(2)] Upon installation of BMPs, and monthly thereafter. Q52 Enter the number of trained inspectors that were available for construction site inspections between January 1, 2019 and December 31, 2019: 3 https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aa0c4fd6l f60c00e 11 /17 Q53 Provide the contact information for the inspector(s) and/or organization that conducts construction stormwater inspections for your MS4. List your primary construction stormwater contact first if you have multiple inspectors. (1) Inspector John Paulson name Hutchinson city of Organization Phone 3202345682 (Office) Phone 3205831941 (Work Cell) Email jpaulson@ci.hutchinson.mn.us Preferred contact email method (2) Inspector Chad Muchow name Organization Hutchinson city of Phone 3202345679 (Office) Phone 3205833821 (Work Cell) Email Icmuchow@ci.hutchinson.mn.us Preferred contact lemail 1=iii: (3) Inspector Keith Messner name Organization Hutchinson city of Phone 3202344239 (Office) Phone 3205834574 (Work Cell) Email cmessner@ci.hutchinson.mn.us Preferred contact lemail method https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aa0c4fd6l f60c00e 12/17 Q54 What training did inspectors receive? Check all that apply. Q University of Minnesota Erosion and Stormwater Management Certification Program ❑ Qualified Compliance Inspector of Stormwater (QCIS) ❑ Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor ❑ Minnesota Utility Contractors Association Erosion Control Training ❑ Certified Professional in Erosion and Sediment Control (CPESC) ❑ Certified Professional in Stormwater Quality (CPSWQ) ❑ Certified Erosion, Sediment and Storm Water Inspector (CESSWI) ❑ Other Q55 Between January 1, 2019 and December 31, 2019, did you modify your BMPs, measurable goals, or future plans for your construction site stormwater runoff control program? [Part IV.B.] p Yes QQ No MCM 5: Post -Construction Stormwater Management The following questions refer to Part III.D.5. of the Permit. Q56 Do you have a regulatory mechanism which meets all requirements as specified in Part III.D.5.a. of the Permit? QQ Yes p No Q57 What approach are you using to meet the performance standard for Volume, Total Suspended Solids (TSS), and Total Phosphorus (TP) as required by the Permit? [Part III.D.5.a.(2)] Check all that apply. Refer to the link http://www.pca.state.mn.us/index.php/view-document.htmI?gid=17815 for guidance on stormwater management approaches. Retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on -site ❑ Retain the post -construction runoff volume on site for the 95th percentile storm ❑ Match the pre -development runoff conditions ❑ Adopt the Minimal Impact Design Standards (MIDS) ❑ An approach has not been selected ❑ Other method (Must be technically defensible--e.g. based on modeling, research and acceptable engineering practices) Q58 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your post -construction stormwater management regulatory mechanism(s)? [Part 111.B.] QQ Yes p No https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aa0c4fd6l f60c00e 13/17 11-Y aKINII Q59 Between January 1, 2019 and December 31, 2019, did you modify your BMPs, measurable goals, or future plans for your post -construction stormwater management program? [Part W.B.] p Yes Q No MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations The following questions refer to Part III.D.6. of the Permit. Q60 Enter the total number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds within your MS4 (exclude privately owned). Structural stormwater 5 BMPs Outfalls 76 Ponds 56 Q61 Enter the number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds that were inspected from January 1, 2019 to December 31, 2019 within your MS4 (exclude privately owned). [Part III.D.6.e.] Structural stormwater 5 BMPs Outfalls 34 Ponds 19 Q62 Have you developed an alternative inspection frequency for any structural stormwater BMPs, as allowed in Part III.D.6.e.(1) of the Permit? p Yes Q No Q63 Based on inspection findings, did you conduct any maintenance on any structura stormwater BMPs? [Part III.D.6.e.(1)] pQ Yes p No Q64 Briefly describe the maintenance that was conducted: Each structural storm water BMP is cleaned once each year. Clean out frequency is adjusted based on the amount of material removed during each clean out. https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aaOc4fd6l f60c00e 14/17 Q65 Do you own or operate any stockpiles, and/or storage and material handling areas? [Part III.D.6.e.(3)] QQ Yes p No Q66 Did you inspect all stockpiles and storage and material handling areas quarterly? [Part III.D.6.e.(3)] QQ Yes p No Q67 Based on inspection findings, did you conduct maintenance at any of the stockpiles and/or storage and material handling areas? p Yes QQ No Q69 Between January 1, 2019 and December 31, 2019, did you modify your BMPs, measurable goals, or future plans for your pollution prevention/good housekeeping for municipal operations program? [Part IV.B.] p Yes QQ No Partnerships Q78 Did you rely on any other regulated MS4s to satisfy one or more Permit requirements? p Yes Q No Additional Information If you would like to provide any additional files to accompany your annual report, use the space below to upload those files. For each space, you may attach one file. You may provide additional explanation and/or information in an email with the subject YourMS4NameHere 2019AR to ms4permitprogram.pca@state.mn.us. Q80 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. L Q81 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. L https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aa0c4fd6l f60c00e 15/17 11-Y aKINII Q82 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. j Q83 Optional, describe the file(s) uploaded: Owner or Operator Certification The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor). I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540). Q Yes By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that information can be used for the purpose of processing my MS4 Annual Report. Name: (Kent Exner I Title: Director of Public Works Date: 6/2/2020 (mm/dd/yyyy) When you are ready to submit, you must click the 'Submit' button at the bottom of this page. https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aaOc4fd6l f60c00e 16/17 Provide the email(s) of the individual(s) you would like to receive the MS4 Annual Report for 2019 submittal confirmation email from the MPCA. After you click the Submit button below, please allow up to three business days to receive this email. Email (1) I kexner@ci.hutchinson.mn.us Email jpaulson@ci.hutchinson.mn.us (2) Email jolson@ci.hutchinson.mn.us (3) Print or save a copy of your completed MS4 Annual Report for 2019 for your records. The MPCA will email a formatted version of your MS4 Annual Report for 2019 in a confirmation email within three business days after you submit this form to the email(s) you provided above. You may print a copy of the MS4 Annual Report for 2019 for your records by pressing the `Print' button at the bottom of the page. Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2019 if you are working on a computer with OneNote (a program often included in Microsoft Office packages). Detailed saving instructions are available at stormwater.pca.state.mn.us/index.php/Guidance for saving MS4 annual reports. If you have any questions, contact MPCA staff Cole Landgraf (cole.landgraf@state.mn.us, 651-757-2880). https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=4760164a5a9d4fb6aa0c4fd6l f60c00e 17/17 O 1 LA .x Fi! • -• �r.i -�y• may'„ •,: . .,. -'i�..JJ . � • � - .. as U ti2 _ V,1- �' �' 4b a) � � a) a N O � Q a) M a) E- L 0 a) LIJ -0--i VJ -0--i U E 0 a_ U) CL 0 0 ai cu 0 E N cu cn cn 0 cn �U a) U 0 m cu 3: 0 U) 0 N O U") cn O O a) wl .cn � O cn CCO � U O a)cn i w A CL E O W O 75 E L— O U) 0 cn O O O cn cn 0 m IN Vaasa Q 4.0 ■waft V aC/) M CL CL M C G E a) -0--i cn Cn a) c� E L— O C� 0 0 O (l O E U) U rn O .� O N O M ♦--+ E U) (� � O .0 E u) cn m p E � � O O O U Cn cn a� U + + .(D LO OO C) 00 m It C.0 CO M I` o a) U U O L cU p U U) > 2t 1 tom'-' = ... -� -. _ .. -. _ .. -. _ .. -. _ IN Vaasa Q a) M CL CL M 2 E a) -0--i cn � a)a c� E O C� 0 a) U cn 0 U !9 E O a� c� E L— O C/) 0 cn u U Ju cn 0 U � a)a c� E L— O C) 0 3: L a) IZ- CO W a) L- a) L- O U) _0 m Al N N Q L cn ^n W U O cn U U O L- O O U o E c C: O n \ ca O •� E cn o ° cna) ° O (.0 ( U u-) ti •� +� O O to y O a) M O 4— • • • kW A • M, 0 N O U ll L c U •Cf) 2M cU W a) O C/) A /1 Cl) M o .� (D O C: N }' E Cn .0 o �CL U � 0 a) U � c 0 0 L.L a) D :t'- m Z.,E Z 0 0 0 � 0 4-a 4-a cu cm cu cu cu 00 .- O > Q Ew w� a)�L�,� o > 0) a)-0 � .s Nt o a c� O o E O se 0) a) -o o M c a) a) p J O cncn J 44f I . , . Iwo. cl, FA 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: 6/9/2020 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: For your review and consideration of adoption is Ordinance No. 20-814 which includes revisions to Chapter 112 - Liquor Regulations. The ordinance contains language revisions discussed at the last Council meeting which include allowing hotels to be issued on -sale intoxicating liquor licenses and defining a hotel which includes a requirement of food sales. The ordinance amendments also include revisions to Sections 112.085 and 112.087 as well as additional language pertaining to the allowing of Sunday liquor sales and the prohibition of displaying alcoholic beverages when they are not available for sale. I will be happy to address any additional questions related to these revisions at the Council meeting. BOARD ACTION REQUESTED: Approve second reading and adoption 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 20% of the combined gross sales of 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 alcohol and total gross food sales of the HOTEL for the calendar year or fiscal year preceding the date of the renewal application. Complimentsr foo and beverages are not included in the gross sales calculation, but their fair market value shall be included in reports and financial statements provided to the Ci . as required above. 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 (5) the city. 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 Sales by wholesalers to persons holding intoxicating liquor licenses from (C) The city may issue annual on -sale intoxicating liquor licenses only to restaurants, hotels, clubs, 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 Sunda 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 licensure. (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�fAa� Request for Board Action 7AL =-W Authorizing Resolution 15173 for the Sale of $2,670,000 General Obligation Agenda Item: Improvement Bonds, Series 2020A Department: Finance LICENSE SECTION Meeting Date: 6/9/2020 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Nick Anhut Reviewed by Staff New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Nick Anhut from Ehlers will present the 2020 pre -sale report for the issuance of G.O. Improvement Bonds Bonds with a par value estimated at $2,670,000 (series 2020A). The City of Hutchinson annually issues 429 General Obligation Improvement Bonds to finance major infrastructure capital expenditure projects. The first step in this process is for council to authorize a resolution to move forward with providing a bond issuance to finance a portion of the improvement costs. Once the resolution is approved, Ehlers, who is the City's financial advisor, will initiate the process. Ehlers will compile documents with city staff assistance, coordinate a bond rating call with city staff and solicit competitive bids on behalf of the City of Hutchinson. The proposed Debt Issuance Schedule is provided within the Pre -Sale Report which accompanies this board action form. The bond sale will be awarded to the winning bidder at the July 14 council meeting and the bond proceeds are expected to be received in early August. The 2020 bonding includes financing for the project costs related to: 1) TH 15 / Main Street Reconstruction, 2) City Alley #40 Improvements, and 3) Civil Air Patrol Utilities. The costs and funding for each project can be found on the summary sheet directly after the attached resolution. The City will make debt service payments over a 15-year period while Special Assessments will be repaid by property owners to the City over a 10-year period. The debt will be structured for the Main Street assessments to be activated for first payment in 2022 rather than 2021, simply as a means to help those businesses who were negatively affected by the project. The VFW will pay their net assessment of $17,352 over a 5-year period starting in 2021. The future debt service payments related to this bond issuance meet the guidelines of the City's Debt Management Plan and will be paid from the debt tax levy dollars and special assessments received. BOARD ACTION REQUESTED: Approve resolution #15173 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A Councilmember Resolution No. 15173 introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $2,670,000 General Obligation Improvement Bonds, Series 2020A A. WHEREAS, the City Council of the City of Hutchinson, Minnesota (the "City") has heretofore determined that it is necessary and expedient to issue the City's $2,670,000 General Obligation Improvement and Refunding Bonds, Series 2020A (the "Bonds"), to finance a portion of its 2020 infrastructure improvement program; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent municipal advisor for the Bonds in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, as follows: 1. Authorization, Findings. The City Council hereby authorizes Ehlers to assist the City for the sale of the Bonds. 2. Meeting, Proposal Opening. The City Council shall meet at 5:30 p.m. on July 14, 2020, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by City Council Member and, after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in favor thereof - and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this 9th day of June 2020. City Administrator 00 m a m Cl q c CCL /kk�\ m c cr� 7 Q $oG 0 3 \ \ \ \ g co / w G# k 0 / ƒ m 2 \ 4 k E to U) G � Cl) \ \ � A � Qb8 k ��q m a%� C c � 0 0 00 k 772 S 04CD7 7 9 � c q » 5 � 8 � 3 � Cc-0 « aco to m / 2 � � CCL 2 2/k�\ k m \ k k � 2 0 ƒ a O k = cok . / ƒ G $ Ld O = \ 2 \ / + § .\ 3 \ \ / k _ 0 G � 6 � o CO- Cl) � n k � � E 7 7 $ 7 � E � 30C4 A\ D _ \)2 = 0 \ \ k $ 2 Q 2 0 \ \ m » m B \ 2 k k 3 .E > ƒƒd 2dCL m � p m S m Lo ��00« G77k G � m C o 3 m g \ m 2 f � # / >�\d e 4 7 § 0 £ � / June 9, 2020 Pre -Sale Report for City of Hutchinson, Minnesota $2,670,000 General Obligation Improvement Bonds, Series 2020A 19wNEHLERS PUBLIC FINANCE ADVISORS Prepared by: Ehlers 3060 Centre Pointe Drive Roseville, MN 55113 Advisors: Nick Anhut, Senior Municipal Advisor Bruce Kimmel, Senior Municipal Advisor BUILDING COMMUNITIES. IT'S WHAT WE DO. BUILDING COMMUNITIES. IT'S WHAT WE DO. ® info@ehlers-inc.com '�, 1 (800) 552-1171 ® www.ehlers-inc.com Proposed Issue: $2,670,000 General Obligation Improvement Bonds, Series 2020A (the "Bonds") Purposes: The proposed issue includes tax-exempt, fixed-rate financing for a portion of the City's 2020 infrastructure improvement projects. Inclusive of estimated financing costs, the proposed bond sizing includes proceeds necessary to fund the assessed and city share of costs net of municipal state aid and other available utility funds. Debt service on the Bonds will be paid from a combination of special assessment revenue levied for collection from the benefiting properties over a period of ten years and an ad valorem tax levy over a period of fifteen years. Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. The Bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged. Because the City is assessing at least 20% of the cost of the bonded improvement projects, Chapter 429 allows the Bonds to be a general obligation without a referendum and the amount will not count against the City's debt limit. Term/Call Feature: The Bonds are being issued for a term of 15 years, 3 months in total. Principal on the Bonds will be due on February 1 in the years 2022 through 2036. Interest is payable every six months beginning August 1, 2021. The Bonds will be subject to prepayment at the discretion of the City starting February 1, 2029 or any date thereafter at a price of par plus accrued interest. Bank Qualification: Because the City is expecting to issue no more than $10,000,000 in tax exempt debt during the calendar year, the City will be able to designate the Bonds as "bank qualified" obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. Presale Report June 91 2020 City of Hutchinson, Minnesota Page 1 Rating: The City's most recent bond issues were rated by S&P Global Ratings. The current ratings on those bonds are "AA-". The City will request a new rating for the Bonds. If the winning bidder elects to purchase bond insurance, the rating for the issue may be higher than the City's bond rating in the event that the bond rating of the insurer is higher than that of the City. Method of Sale/Placement: We will solicit competitive bids for the purchase of the Bonds from underwriters and banks. Within the proposed sizing, we will include an allowance for discount bidding in the terms of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance will be used to reduce the final borrowing amount. Premium Pricing: In most recent cases, investors in municipal bonds prefer "premium" pricing structures. A premium is achieved when the coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, requiring a price paid that is greater than the face value of the bonds. The sum of the amount paid in excess of face value is considered "reoffering premium." The underwriter of the bonds will retain a portion of this reoffering premium as their compensation (or "discount") but will pay the remainder of the premium to the City. Any net premium the City receives may be used for project funding or offset a portion of the principal amount necessary for the Bonds. The amount of the premium varies by transaction, but it is not uncommon to see premiums for new issues in the range of 2.0% to 10.0% of the face amount of the issue. This means that an issuer with a $2,000,000 offering may receive bids that result in proceeds of $2,040,000 to $2,200,000. The amount of premium can be restricted in the bid specifications. Be advised that restrictions on premium may result in fewer bids, but may also eliminate large adjustments on the day of sale and unintended impacts with respect to structuring debt service payments. Ehlers will identify appropriate premium restrictions for the Bonds intended to achieve the City's objectives for this financing. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that there are no other viable refunding opportunities at this time. The City's 2009D an 2010C Bonds are currently eligible for prepayment or a refinancing. Refinancing estimates show potential to reduce debt service by 3.0% and 2.5%, respectively. Upon discussion with City staff, we recommend not pursuing a refinancing at this time in order to preserve flexibility to explore prepayment options in future fiscal years which could unlock greater savings. We will continue to monitor the market and the call dates for the City's outstanding debt and will alert you to any future refunding opportunities as they arise. Presale Report June 91 2020 City of Hutchinson, Minnesota Page 2 Continuing Disclosure: The City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually, as well as providing notices of the occurrence of certain reportable events to the Municipal Securities Rulemaking Board (the "MSRB"), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds and contracts with Ehlers to prepare and file the reports. Arbitrage Monitoring: Because the Bonds tax-exempt obligations, the City must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. These rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. How issuers spend bond proceeds and how they track interest earnings on funds (arbitrage/yield restriction compliance) are common subjects of IRS inquiries. Your specific responsibilities will be defined in the Signature, No -Litigation, Arbitrage Certificate and Purchase Price Receipt prepared by your Bond Attorney and provided at closing. You have retained Ehlers to assist you in complying with these rules. Risk Factors: Special Assessments: In sizing the proposed Bonds, we have assumed $80,000 in pre -paid special assessments and that the assessments will be levied as projected for initial collection in 2021. If the City receives a significant increase in pre -paid assessments or does not levy the assessments, it may need to utility other funds or increase the levy share of the debt service to make up for the reduced assessment revenue. Other Service Providers: This debt issuance will require the engagement of other public finance service providers. This section identifies those other service providers, so Ehlers can coordinate their engagement on your behalf. Where you have previously used a particular firm to provide a service, we have assumed that you will continue that relationship. Fees charged by these service providers will be paid from proceeds of the obligation, unless you notify us that you wish to pay them from other sources. Our pre -sale bond sizing includes a good faith estimate of these fees, but the final fees may vary. If you have any questions pertaining to the identified service providers or their role, or if you would like to use a different service provider for any of the listed services please contact us. Bond Counsel: Dorsey & Whitney LLP Paying Agent: Bond Trust Services Corporation Rating Agency: S&P Global Ratings (S&P) Presale Report June 91 2020 City of Hutchinson, Minnesota Page 3 Basis for Recommendation: Based on the City's objectives, project funding requirements, our advisory relationship and characteristics of various municipal financing options, we are recommending the issuance of General Obligation Bonds as a suitable option to finance the planned projects. • The issuance is consistent with the City's practices for financing these types of projects and its repayment is structured to fit within its long-term financial plans. • General Obligation pledge will result in lower interest rates than other financing options available. • This form of financing will also meet the City's objectives for term, structure and optional redemption. • The method of sale process identified herein complies with City policy as well as best practices endorsed by the Government Finance Officers Association (GFOA). Summary: The decisions to be made by the City Council are as follows: • Accept or modify the finance assumptions described in this report • Adopt the resolution provided to set a bond sale date. This presale report summarizes our understanding of the City's objectives for the structure and terms of this financing as of this date. As additional facts become known or capital markets conditions change, we may need to modify the structure and/or terms of this financing to achieve results consistent with the City's objectives. Presale Report June 91 2020 City of Hutchinson, Minnesota Page 4 Pre -Sale Review by City Council: June 9, 2020 Conference with Rating Agency: Week of June 25, 2020 Due Diligence Call with City Staff to review draft Official Statement: Week of June 29, 2020 Estimated Distribution of the Official Statement: July 2, 2020 City Council Meeting to Award Sale of the Bonds: July 14, 2020 Estimated Closing Date: August 6, 2020 Attachments Estimated Sources and Uses of Funds Estimated Proposed Debt Service Schedule Resolution Authorizing Ehlers to Proceed with the Bonds' Sale Nick Anhut, Senior Municipal Advisor (651) 697-8507 Bruce Kimmel, Senior Municipal Advisor (651) 697-8572 Silvia Johnson, Public Finance Analyst (651) 697-8580 Alicia Gage, Senior Financial Analyst (651) 697-8551 The Preliminary Official Statement for this financing will be sent to the City Council at their home or email address for review prior to the sale date. Presale Report June 91 2020 City of Hutchinson, Minnesota Page 5 Hutchinson, Minnesota $2,670,000 General Obligation Improvement Bonds, Series 2020A Assumes Current Market BQ AA- Rates plus 20bps Sources & Uses Dated 0810612020 1 Delivered 08/06/2020 Sources Of Funds Par Amount of Bonds $2,670,000.00 Prepaid Assessments 80,000.00 Total Sources Uses Of Funds $2,750,000.00 Total Underwriter's Discount (1.200%) 32,040.00 Costs of Issuance 45,000.00 Deposit to Project Construction Fund 2,970,693.00 Rounding Amount 2267.00 Total Uses $2,750,000.00 Series 2020A GO Imp Bonds I SINGLE PURPOSE I G/ 2/2020 1 8:23 AM ►EHLERS Hutchinson, Minnesota $2,670,000 General Obligation Improvement Bonds, Series 2020A Assumes Current Market BQ AA- Rates plus 20bps Debt Service Schedule Date Principal Coupon Interest Total P+I 105% of Total Assessments Levy/(Surplus) 02/01/2021 - - - - - - - 02/01/2022 115,000.00 0.950% 58,619.65 173,619.65 182,300.63 3,956.26 178,344.37 02/01/2023 190,000.00 1.000% 38,352.50 228,352.50 239,770.13 59,351.05 180,419.08 02/01/2024 190,000.00 1.100% 36,452.50 226,452.50 237,775.13 58,040.00 179,735.13 02/01/2025 190,000.00 1.200% 34,362.50 224,362.50 235,580.63 56,728.94 178,851.69 02/01/2026 190,000.00 1.300% 32,082.50 222,082.50 233,186.63 55,417.88 177,768.75 02/01/2027 190,000.00 1.350% 29,612.50 219,612.50 230,593.13 50,636.42 179,956.71 02/01/2028 190,000.00 1.400% 27,047.50 217,047.50 227,899.88 49,422.54 178,477.34 02/01/2029 190,000.00 1.450% 24,387.50 214,387.50 225,106.88 48,208.64 176,898.24 02/01/2030 190,000.00 1.500% 21,632.50 211,632.50 222,214.13 46,994.76 175,219.37 02/01/2031 195,000.00 1.600% 18,782.50 213,782.50 224,471.63 45,780.88 178,690.75 02/01/2032 195,000.00 1.700% 15,662.50 210,662.50 221,195.63 44,566.98 176,628.65 02/01/2033 155,000.00 1.800% 12,347.50 167,347.50 175,714.88 - 175,714.88 02/01/2034 160,000.00 1.900% 9,557.50 169,557.50 178,035.38 178,035.38 02/01/2035 165,000.00 1.950% 6,517.50 171,517.50 180,093.38 180,093.38 02/01/2036 165,000.00 2.000% 3,300.00 168,300.00 176,715.00 176,715.00 Total $2,670,000.00 - $368,717.15 $3,038,717.15 $3,190,653.01 $519,104.35 $2,671,548.66 Significant Dates Dated First Coupon Date Yield Statistics Bond Year Dollars Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) Series 2020A GO Imp Bonds I SINGLE PURPOSE 1 6/ 2/2020 1 8:23 AM �EHLERS i , AICEAVVI�0 5 8/06/2020 8/01/2021 $22,592.92 8.462 Years 1.6320033% 1.7738177% 1.7782552% 1.6230970% 2.0005168% HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approve/Deny Pandemic Response and Continuity of Operations Plan Department: Administration LICENSE SECTION Meeting Date: 6/9/2020 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: As the City has gone through this pandemic like everyone else, we have used this time to look at policies we had in place, or didn't have in place, and evaluated what was in need of being updated and/or established. One of those policies that was in need of being updated was our Pandemic Response Plan, which was essentially extremely basic and outdated having been last addressed in 2007. One plan we didn't have in place was a Continuity of Operations Plan (COOP). Attached for the Council's consideration is our first draft of an updated Pandemic Response Plan that was combined with our COOP. Staff has reviewed the plan and is recommending that the council approve it. BOARD ACTION REQUESTED: Approve/Deny Pandemic Response and Continuity of Operations Plan Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: PANDEMIC RESPONSE AND CONTINUITY OF OPERATIONS PLAN ESTABLISHED: AUGUST 2007 UPDATED: JUNE 2020 SECTION I — Overview The City of Hutchinson is responsible for providing services to more than 14,000 citizens and the businesses residing within the City. A potential pandemic could disrupt the continuity of operations for provision of essential and other community services, including governmental and business functions. In the event of a pandemic, protecting the health and safety of our City staff while providing vital community (essential) services will be our top priority. Should a pandemic occur, the Mayor of the City of Hutchinson may proclaim a "State of Emergency" in accordance with M.S. 12.01 to 12.61 and Chapter 33 of the Hutchinson City Code. A pandemic outbreak can pose unique operational challenges due to its widespread geographic reach, cross -functional consequences for City services, and impact on the public. This makes it valuable for readiness and preparedness efforts to consider specific continuity strategies for managing this pandemic. If a pandemic spreads to the city of Hutchinson, there is the possibility of a high absentee rate for city employees that could last for months on a rolling basis. These absentees may include sick employees, employees who are caring for sick family members and employees who do not come to work out of fear of becoming ill. In addition, there may be a significant need for social distancing (a reduction of the number of persons concentrated in the workplace), necessitating that employees do their work but do not report to the workplace. Carrying out city government's responsibilities to the people of Hutchinson during a pandemic emergency will require substantial flexibility in the management of city operations and direction of all city employees, especially with respect to matters such as staffing levels, work hours, establishment of rules of conduct, and job assignment. In the event that essential services are adequately staffed, non -essential services may be staffed, to the extent possible. This plan is drafted to be used immediately. It is meant to complement department operational plans and the authority given to the City Administrator to manage staffing. This plan does not limit the City Administrator's authority to make operational decisions about essential or needed functions. This plan is also meant to provide direction to the Emergency Management Director in responding to a pandemic affecting Hutchinson. Operationally, the Mayor, City Administrator and Emergency Management Director will lead local decision making in regards to this plan. The following assumptions were made in drafting this plan: • The provisions of Chapters 33 of the Hutchinson City Code and the City's Emergency Management Plan must be followed; • The provisions of M.S. 12.01 to 12.61; • Chapter 2 and 6 of the Hutchinson City Charter; • State laws concerning local government employment relations have not been altered by action of the Legislature or the Governor; and • Essential functions will receive first priority for staffing, and other functions will be staffed secondarily. This plan provides staffing strategies, tools, advice and directives that the City Administrator and Emergency Management Director should follow in the event that the Mayor proclaims a "State 2 of Emergency" for the city. This plan is also to provide direction to the Emergency Management Director in responding to a pandemic. Because delivery of needed services to the people of Hutchinson will necessitate substantial flexibility in management, many human resources processes may be simplified or altered. SECTION 2 — Response Plan Depending on the severity of the outbreak, some of these measures may be implemented gradually or not at all. The decision for implementing any level of response rests with the City Administrator as directed by the Emergency Management Director. Decision makers at the City should use advice from appropriate state and federal agencies, such as the Centers for Disease Control (CDC), Minnesota Department of Health (MDH), and the Minnesota Department of Homeland Security and Emergency Management (MSEM) to make decisions about plan implementation. The following response levels are meant to act as a guide to the Emergency Management Director and are not to be all -encompassing. There very well may be decisions that need to be made by the Emergency Management Director that fall outside the scope/definition of these response levels. A. Level 1 Response General Guidance: Outbreak begins anywhere within the World. Prepare with basic hygiene measures to help prevent introduction and spread of the virus. Recommended Actions: • Active messaging around hygiene best practices. • Make hand hygiene products and sanitation wipes available to departments. • Communicate human resources best practices and policies (i.e. use sick time if not feeling well). B. Level 2 Response General Guidance: First cases reported/outbreak anywhere within the United States, Canada or Mexico. Introduce increased hygiene measures to help prevent introduction and spread of the virus. Recommended Actions: • Continued active messaging around hygiene best practices. • Make hand hygiene and sanitation wipes available to departments. • Communicate human resources best practices and policies. • Introduce increased cleaning practices • Communication with City Staff and Elected Officials about the severity of the pandemic and the need to begin implementing measures of this plan • Communication begins with the Public 3 C. Level 3 Response General Guidance: First cases reported/outbreak anywhere within the 5-State area of Minnesota to include the Provinces of Manitoba and Ontario in Canada. Introduce social distancing measures to mitigate spread of virus. Recommended Actions: • Continued increased cleaning practices • Communication continues with City Staff, Elected Officials and the Public • Limit non -essential travel. • Establish notification requirements for employees and directors/supervisors who have been potentially exposed to the infectious disease. • Communicate employee and supervisor guidance notes on potential facilities closures, health issues, and frequently asked questions • Enact community mitigation recommendations from MDH, to include social distancing practices. • Cancel events/programs/meetings as necessary. • Consider closing places of congregation (Event Center, Rec Center, etc D. Level 4 Response General Guidance: Outbreak occurs anywhere within Minnesota. Implement full social distancing measures within the workplace Recommended Actions: • Enact full social distancing measures in the workplace, per MDH guidance. • Cancel all events/programs/meetings except for those required to be held by law. • Limit all travel • Close/restrict access to public lobbies and places of congregation; implement measures to continue City operations using drop boxes, mail, and technology (e.g. email, virtual, website). • Implement preventive health measures and pandemic -related employment policies and notify employees they are in effect. • Notify residents, businesses, and other stakeholders of that the City is minimizing direct person -to -person contact while still maintaining city services • Implement telecommuting or remote work policies for designated positions as appropriate • Supervisors/Directors begin planning for alternate staffing plans from Section 6 • Mayor/City Council considers declaring a State of Emergency E. Level 5 Response General Guidance: Outbreak occurs within the Community/County or a "Stay at Home/ Shelter -in -Place" order is given by the State or Federal Government. Implement Essential Services Plan Recommended Actions: 4 • Mayor/City Council should declare a State of Emergency if one has not yet been declared. • Implement Essential Services as identified in Section 4. • Notify residents, businesses, and other stakeholders of potential cutbacks in city services. • City devotes resources to most critical functions and delays discretionary expenses • Staffing levels may be reduced per Section 6 of this plan. F. Level 6 Response General Guidance: Extensive outbreak in City staffing and reso rces are exhausted. Recommended Actions: • Close/discontinue all non -essential functions. • Reduce to minimal staffing levels. • Implement quarantine measures as recommended by MDH. • Implement mutual aid, contracted services, and other emergency contracts to continue operations. • Notify residents, businesses, and other stakeholders of very limited city services. SECTION 3 — Labor Relations — Emergency Administration Ensuring the delivery of needed services to the people of Hutchinson will require substantial flexibility in management of city operations and direction of all city employees, especially with respect to matters such as transfer, establishment of rules of conduct and job assignment. Departures from normal practices should be narrowly tailored for the emergency. In the event of a pandemic and a State of Emergency is proclaimed by the Mayor, the following provides guidelines in the exercise of management and direct responsibilities to ensure the delivery of needed services. A. Management of Employees 1. Section 2.11 of the Hutchinson City Charter gives all control of the city employees to the City Administrator 2. Section 6.02 of the City Charter identifies powers and duties of the City Administrator in regards to managing supervisors, departments and employees along with personnel rules 3. Directors/Department Heads and their supervisors will receive direction from the City Administrator when it comes to managing city employees during a pandemic. B. Guiding Principles 1. Directors/Department Heads and Supervisors will exercise flexibility in management and direction, including departures from normal practices, to ensure the delivery of needed services. 2. Insofar as possible, departures from normal human resources practices should be limited to those that: 5 a. Ensure that functions of the Department can be staffed safely; b. Have the least disruptive effect on employees. 3. Directors/Department Heads and Supervisors should adhere to normal human resources practices to the extent possible, without causing unnecessary difficulty in administering a Department during the emergency. 4. Directors/Department Heads and Supervisors should provide as much notice to employees as possible, given the circumstances, of any change affecting employees. C. Communicate to employees anticipated departures from normal human resources Practices Examples of potential departures from normal practices that should be communicated to all employees include: a. Previously approved vacation, compensatory time, or leaves of absence (other than for sick or family leave purposes) may be rescinded with minimal notice. b. Employees may be required to report for work with minimal notice. c. Employees' work schedules and/or hours of work may change with minimal notice. d. Employees' may be asked to work rotating, split or staggered/off-setting schedules with minimal notice. e. Employees may be required to telecommute with minimal notice. f. Employees may be assigned overtime or sent home early with minimal notice. g. Employees may be assigned to other departments with minimal notice. SECTION 4 — Essential Functions, Lines of Succession and Delegation of Authority The following section provides guidance and direction to assist all departments, divisions and work units to develop plans for identifying essential functions, lines of management succession and delegation of authority in the event of a pandemic emergency. All city personnel will be deemed critical or essential unless declared otherwise by a State or Federal order/mandate. The U. S. Department of Homeland Security - CISA will be used as a guidance on essential services the City will provide. Essential personnel must perform their work, notwithstanding dependent care (see , ection 3: Closure of Schools and Daycare Facilities) or health issues. A. It shall be the goal of the City to provide essential services and functions at a level that minimizes person -to -person contact within the community as much as possible. At a minimum, the following city services and functions shall be met during a pandemic: • Keeping the Power On • Keep water running (water and sanitary sewer systems) • Maintaining law and order • Communication/Provide information to the public • Care for the sick • Remove/house deceased • Maintain sanitation/remove garbage • Ensure IT/server functions — essential for utilities and emergency services • Ensure payroll functions • Ensure a properly functioning government 11 B. Departments shall predetermine essential functions and personnel needed to perform the essential functions. 1. Departments shall predetermine essential functions including critical times of year when certain functions must be performed. 2. Departments shall predetermine personnel who perform essential functions and the minimum number of staff necessary to perform those functions. Lines of succession shall run at least three employees in depth, when possible. 3. Departments shall pre -identify services they are mandated to provide, and determine what impact those mandates will have on their department. 4. Departments shall identify functions that may be suspended while personnel are assigned to roles that are more critical. Departments should identify the time period that the function can be suspended and the functions that may be done on a less frequent basis than would occur under normal conditions. 5. Departments should identify secondary personnel that have the skills and abilities to perform other functions. Such personnel may be: a. Employees in the same classification series as those who normally perform the function; \ A b. Employees who have previously performed the work and are currently employed in other city departments; and c. Employees who can be trained either in advance of the need or on-the-job when the need arises. 6. Departments should identify other personnel who may be available to perform the essential functions. Such personnel may include retired employees, former employees, temporary workers and contract workers. 7. Each department shall maintain emergency contact information, including the employee's home address, home telephone number, cell phone number and home email address, emergency contact's name, address, home telephone number, alternate telephone number such as work or cell phone number, home and work email address and relationship to employee. 8. The City Administrator shall have the ultimate authority in determining essential and non -essential functions/departments. C. Departments, divisions and work units shall establish a management line of succession plan. A line of succession provides a list of predetermined alternates for key leadership positions in each department, division or work unit. 1. The succession plan should be at least three (3) employees in depth, where possible. The personnel identified for the line of succession should know the operations of the department; have the confidence of the principal to act in his or her absence; clearly understand the scope of the powers and duties delegated to him or her; and clearly understand the constraints, if any, of the powers and authorities she or he will be delegated. 2. The succession plan should clearly identify the names of designated personnel and their regular titles and how they can be contacted. 3. The names and order of succession of designated personnel shall be communicated to department personnel. 7 4. The plan should clearly set forth the powers and duties that will be performed and by whom. The departments shall predetermine the individuals who will have the delegated authority to make decisions and communicate that these individuals will have that authority to department personnel. 5. If all of the personnel identified for the line of succession are unavailable (which may be the case in small departments where there is a limited number of leadership personnel), the department should provide for alternate lines of succession that identifies other personnel who can assume the powers and duties outside of the department. The line of succession plan should be updated whenever a pertinent staff change occurs. 6. Departments should determine if those in the line of succession may need to be cross - trained in advance and provide such training where needed. Advance cross training for essential functions is imperative. The department may provide resources, which may be accessed to train employees to perform other functions (video tapes, outside trainers, procedures manuals, teleconferencing, consultants, etc.). 7. Departments should construct a method by which those in the line of succession will have access to information and needed items (i.e. computer passwords, calendars for employee -approved time off, office keys, file cabinet keys, etc.) should they take over leadership responsibilities. D. Upon the declaration of a State of Emergency by the Mayor, Department Directors should communicate lines of succession and essential employees and functions to the City Administrator. SECTION 5 — Budgets during a Pandemic Prolonged pandemics can have a lasting impact on city finances. Finances should be monitored and tracked during a pandemic. The City Administrator and Finance Director should provide guidance to departments on the handling of finances during a pandemic. The following guidelines should be considered and or taken into account. • Track any unexpected expenditures related to the pandemic (Finance will provide account code) • Delay capital purchases if possible • Delay new and seasonal hires • Account for and anticipate reduced expenses (lower travel/training costs) along with lost revenues • Anticipate higher than normal unemployment benefits (mainly seasonal employees) SECTION 6 — Closure of Schools and Daycare Facilities To minimize the effect of any disease outbreak, Federal, State and Local Health Officials may implement a variety of disease control measures. A significant measure to help slow the spread of a pandemic is various measures related to social distancing. Some of these measures may include the closure of schools and daycare facilities. The closure of schools and daycare facilities may or may not occur in a pandemic. These closures are expected to have a significant cascading effect on staff absenteeism in both the private and public sectors. The city of Hutchinson must be prepared for a reduction in its staff resulting from healthy parents staying home to take care of healthy children or other healthy dependents. A. All personnel will be deemed essential unless declared otherwise. Essential personnel must perform their work, notwithstanding school and daycare closures. 1. All personnel should have a family care succession plan in place. 2. In the event that child and dependent care coverage become impossible, arrangements should be made in advance with department management to telecommute, if appropriate and feasible. 3. Employees will not be allowed to bring their children to work in the case of a pandemic. B. Directors/Department Heads and supervisors will ensure their employees are aware of the aforementioned expectations. SECTION 7 — Alternative Work Schedules Alternative work schedules may be adopted during a proclaimed pandemic emergency to enhance social distancing, business continuity or other pandemic response goals as follows: A. Regular work schedules may be changed upon the proclamation of a pandemic emergency. In addition to regular full-time employees, regular part-time and temporary employees may work alternative schedules. B. Departments shall review their normal business hours and work schedules to determine if they can be modified in a manner that best promotes social distancing, business continuity, and the provision of essential services or other pandemic response goals during an emergency. C. Departments will identify essential and non -essential functions that may be staffed with personnel on alternative schedules. D. If feasible, directors/supervisors should first ask for employees to voluntarily work hours other than their usual schedule. Where certain work schedules cannot be adequately staffed voluntarily, department management may direct staff to work the schedules necessary. E. Departments are encouraged to work with staff to minimize the impacts of decisions affecting schedule changes. F. Approved schedules shall also be formally documented. Such documentation should occur within one week of the start of an alternative schedule or as soon as practicable thereafter. 0 G. Approval of alternative work schedules is a matter within the sole discretion of the City Administrator and Department Directors/Management, consistent with its responsibility to ensure delivery of needed services to the people of Hutchinson. H. When appropriate, management may assign an employee back to the employee's regular schedule. SECTION 8 — Telecommuting Telecommuting means that an employee is working one or more days each workweek from home instead of commuting to his or her centrally located worksite. Telecommuting is not appropriate for all employees and no employee is entitled or guaranteed the opportunity to telecommute. The purpose of this policy is to provide support for social distancing or other pandemic response techniques as necessary to respond to a pandemic emergency. These modifications apply only to pandemic planning and response for employees that have been identified as appropriate personnel for telecommuting. A. Departments should identify possible telecommuters and make the necessary technological arrangements. 1. The City Administrator will approve telecommuting for Department Directors per the City's telework policy. 2. Departments shall consider a broad use of telecommuting to accomplish social distancing for a pandemic emergency. 3. Departments shall identify essential functions that may be accomplished remotely and whether the person performing the function needs access to all systems and applications or only email and/or voice communications. 4. Departments shall identify employees who perform essential functions and other employees whose situations may warrant telecommuting and shall determine their ability to telecommute. 5. Employees authorized for telecommuting may be allowed to provide limited dependent/child care during a pandemic emergency if providing care does not affect the ability of the employee to accomplish assigned tasks. 6. Departments might consider having a laptop computer that is pre -loaded with the necessary software, which may be checked out on an emergent basis by employees who do not already have the necessary equipment to telecommute. During a pandemic, equipment may be limited and employees should not expect equipment to be available immediately B. Department Directors and supervisors may require that an employee telecommute during a pandemic emergency. A requirement to telecommute shall be documented. Such documentation should occur within one week of the start of the directive to telecommute or as soon as practicable thereafter. 10 C. Employees initiate a telecommuting arrangement by submitting a written request to their immediate supervisor. Telecommuting may be approved per City policy and for no longer than the duration of the pandemic emergency. SECTION 9 — Rescission of Approved Vacation Leave and Compensatory Time Off Because the pandemic emergency may cause significant staffing shortages, previously approved vacation leave and compensatory time off may be rescinded in order to provide staffing coverage for city services. Department Directors and supervisors should note the following: A. Department Directors/supervisors should keep an updated calendar of all approved time off and provide access to that calendar to those in their line of succession. B. The City has the authority to rescind vacation, personal and/or compensatory time off. C. Vacation and/or compensatory time off should be rescinded as soon as the 4kector/supervisor believes that a potential staffing shortage will require that the employee report to work. D. Rescission of an employee's leave, which is already in progress, shall be reasonably based upon the employee's ability to report to work. E. When rescinding vacation and/or compensatory time off, the director/supervisor shall have actual contact with the employee to ensure that the employee received the directive to report to duty. Rescission should be made in writing, if possible. F. If an employee's vacation is rescinded, the employee will be allowed to carry over his/her vacation leave. The department will need to notify payroll in the Finance Department of the carryover of vacation. G. While employees who have accrued compensatory time off have a right to use it within a reasonable time of their request, such may not be the case in the event of a pandemic emergency, where an employee's absence would disrupt city business operations. Should rescission of compensatory time off due to a proclaimed pandemic emergency occur, the appointing authority may submit a recommendation to the City Administrator that the employee be allowed to carry over accrued compensatory time outside of normal policy parameters. SECTION 10 — Sending Ill Employees Home and Quarantined Employees A. An employee should be treated the same as any other employee who displays symptoms of a contagious disease. If an employee becomes ill at work, directors/supervisors should speak with the employee privately and ask them to consider going home. 11 B. Directors/Supervisors can require employees to stay home from work if they have signs or symptoms of a communicable disease that poses a credible threat of transmission in the workplace, or if they have traveled to high -risk geographic areas, such as those with widespread or sustained community transmission of the illness. C. Directors/Supervisors may send employees home if they are displaying symptoms of a contagious illness. D. Directors/Supervisors shall refrain from announcing to employees that a coworker is at risk of or actually has a disease. Instead, supervisors should focus on educating employees on best practices for illness prevention. Employees who have symptoms of illness are recommended to stay home and not come to work until they are: • Free of fever (100.4° F/37.8° C) or signs of a fever, AND • Cough Sore throat Acute respiratory distress Any other symptoms for at least 24 hours, without the use of fever -reducing or other symptom -altering medicines E. Directors/Supervisors may not ask employees about a diagnosis, but employees may choose to voluntarily share this information. Directors/Supervisors may ask employees if they are experiencing influenza -like symptoms, such as fever or chills, and a cough or sore throat. Directors/Supervisors must maintain all information about employee illness as a confidential medical record in compliance with state and federal law. If an employee voluntarily discloses that they have a medical condition or disability that places them at higher risk of complications, the employer must keep this information confidential. Managers/Supervisors may not assume that employees with known medical conditions or disabilities are at heightened risk of complications during a pandemic. F. The City will rely on a medical provider or the local health department to classify whether or not an employee is to be quarantined and isolated. The employee shall be allowed to return to work after the recommended isolation period has ended. The isolation period will be based on current recommendations from the Centers for Disease Control and Prevention (CDC) and/or the Minnesota Department of Health (MDH_. The employee shall contact his or her supervisor and arrange for their return to work. G. The City will follow any other recommendations/guidelines for employees returning to work as established by the CDC and the MDH during a pandemic. SECTION 11 — Family Medical Leave and Sick/Vacation/Pandemic Leave During a pandemic, the City's Personnel Policy will be followed in regards to leave options available for employees. In certain circumstances, additional leave options may become available due to State or Federal actions. The City's HR Department will make employees aware of those options when they become available. 12 In the case that the Mayor declares a pandemic emergency, additional leave may come available through the City's Pandemic Response Policy (Policy 3.27). The HR Department will provide instructions to employees on the use of any available leave during a pandemic. SECTION 12 — Facility Closure/Reduction in Force City facilities and operations will remain open during emergency situations that do not pose an immediate life, health, or safety risk to staff, customers, or residents, unless otherwise directed by the City Administrator, City Council, or a Governor or Presidential Order. A. If City facilities close to the public, City staff should still be available via phone and email and are expected to report to work for their regularly scheduled shifts. The City will still be conducting business through alternative methods (i.e. Virtual, mail, e-mail, phone, etc.). We will continue to provide the best level of service to our customers under these circumstances. B. Employees may be reassigned to other duties to assist during this situation. Supervisors should make every attempt to find additional work for employees in order to keep them working productively. Should there be circumstances where that is not feasible due to the type of work assigned to an employee, they may be sent home. C. The decision to send employees home will ultimately be made by the City Administrator. The City Administrator will work in partnership with the specific Director/Department Head and Human Resource Director when making decisions on sending employees home. If there is work available and the employee refuses to work, they will not be paid and may be subject to disciplinary action per Employee Handbook -Personnel policies. D. Should there be circumstances where there is not work to assign to an employee, they may be sent home. The decision to send employees home will be made by the City Administrator in partnership with Human Resources and the specific Director/Department Head. If there is work available and the employee refuses to work, they will not be paid and may be subject to disciplinary action per Employee Handbook policies. E. If an employee is sent home from a regularly scheduled shift due to lack of work when City facilities are closed to the public, they will be paid their regular hourly base wage for the hours worked and may use whatever accrued leave is available per city policy. Employees should expect to report to work for each of their subsequent shifts as this situation may change from day-to-day. If an employee is sent home from one shift, they should not assume they do not need to report to work for subsequent shifts. F. When an employee is sent home due to lack of work, Supervisors should document actual hours worked, along with when the employee was directed to leave. G. If an employee is asked to do different duties, which are significantly different from their regular duties, please consult your Director/Department Head and/or Human Resources to determine if it is allowed per collective bargaining agreements, and/or labor laws. 13 H. In the event a "Stay at Home" or "Shelter in Place" Order is given, the City Administrator will work with Directors/Department Heads on employing "essential' positions per essential functions listed in Section 4. The level of essential and non -essential employees will be determined by the Stay at Home or Shelter in Place Order. Employees identified as non- essential will not report to work and will be required to use whatever accrued leave is available to them. SECTION 13 — Communication and Consistent Messaging A key element in responding to any disaster, including a pandemic emergency, is consistent, effective and timely communication. Sound and thoughtful communications will be required before, during and after a pandemic emergency. This section provides guidance on internal and external communications planning and strategies. A. Internal Communications to Employees 1. Information and communication activities will be coordinated with the appropriate departments to ensure the delivery of consistent messages to employees. These departments may include City Administration, Human Resources, and Emergency Management. 2. The city and departments will ensure that all employees receive communications by using different communication tools. These tools include: a. Email b. Printed materials c. City of Hutchinson website 3. Departments and Human Resources will maintain current contact information for employees. 4. The city and departments will provide applicable information to employees depending on the current phase of pandemic. Information may include: a. The current threat of a pandemic. b. Guidance for employees on how to develop individual and family preparedness plans for the pandemic. 1. c. The expectation that employees will perform their work, notwithstanding school and daycare closures. Employees should develop family care succession plans (see Section 5: Closure of Schools and Daycare Facilities). d. Steps the city is taking to address the threat of pandemic. e. Potential changes to personnel policies located in this manual, as well as to other policies, with the emphasis that these changes apply only to a pandemic emergency response, not for routine operation. f. Changes in business practices in response to a pandemic emergency. Changes may include social distancing, increase in telecommuting or suspension of non- essential functions. g. The importance of staying at home if employees are ill or have pandemic symptoms. h. Steps employees can take to control the spread of communicable infections in the workplace, including proper disinfection techniques, cough etiquette, and hand washing. 14 B. External Communications to Stakeholders 1. Information and communication activities will be coordinated with the appropriate departments to ensure the delivery of consistent messages to external stakeholders. These departments may include City Administration, Human Resources, and Emergency Management. 2. The city and departments will provide applicable information to key stakeholders, including the following: a. Contracted agencies • Changes in business practices in response to a pandemic emergency. Changes may include social distancing, increase in telecommuting or suspension of non -essential functions. • The need for contract agencies to develop and implement a business continuity of operations plan for a Pandemic. b. Labor representatives • The expectation that employees will perform their work, notwithstanding school and daycare closures. Employees should develop family care succession plans (see Section 6: Closure of Schools and Daycare Facilities). • Potential changes to personnel policies located in this manual, as well as to other policies (see Section 3: Labor Relations Emergency Administration). c. Public o Changes in business practices in response to a pandemic emergency. Changes may include social distancing, increase in telecommuting or suspension of non -essential functions. d. Media Information o Updates will be provided to the local media outlets on an "as needed" basis as determined by the Emergency Management Director. The City's Public Information Officer (city administrator or designee) will provide updates. o The City will establish an informational page on its website/social media accounts with up-to-date information on the pandemic 14 o In certain situations, a phone bank at Emergency Operations Center may be established to answer questions from the general public. SECTION 14 — Crisis Counseling A crisis such as a pandemic may cause stresses that compromise the effective functioning of a department. Crisis counseling may be recommended to employees to address personal problems that interfere with work performance. Further, there may be a need for "Critical Stress Debriefing Sessions" to assist a department with particular problems or traumatic events. A. It is recommended that referral appointments for crisis counseling during a pandemic be allowed during regular working hours during the course of the emergency even if the department does not normally allow use of work time for such appointments, as long as this does not interfere with the operations or functions of the workplace. B. The Human Resources Department is responsible for the provision of crisis counseling for city employees, and will maintain appropriate lists of available resources, including: 15 1. The Employee Assistance Program (EAP) and/or services offered by the City's health insurance company. 2. Professional counseling services. Professional counseling services shall be considered if the EAP is overwhelmed and unable to provide services. The Human Resources Department will maintain a list of professional counseling services. 3. Clergy. The police department has clergy they routinely use. The Human Resources Department will maintain a list of available clergy. 4. Peer Counseling. Critical incident stress training will be encouraged to employees interested in becoming peer counselors. The Human Resources Department will maintain a list of trained employees. SECTION 15 — Contracted Vendors Many departments contract with vendors that provide essential services for city operations. Departments should be assured that these vendors would provide services during a pandemic. A. Department Directors shall establish contact with outside vendors to ascertain their ability to provide services during a pandemic. 1. Departments, in cooperation with the Finance Department, will maintain a list of essential contracted vendors. 2. Departments, in cooperation with the Finance Department, will contact essential contracted vendors to assess their plans to provide services during a pandemic. 3. Departments will encourage essential contracted vendors to develop a business continuity of operations plan for a pandemic. B. Departments shall pre -identify alternate vendors to utilize in the event that primary vendors are unable to provide service. SECTION 16 — Ending Emergency/Returning to Normal Practices and Procedures Ending a pandemic emergency and returning to normal practices and procedures will be done on a case -by -case basis depending on the type of pandemic. In most cases, returning to normal practices and procedures will be done in a phased approach that may take several months to achieve. Returning to normal practices and procedures will be done in consideration with the following (not all conditions need to be met): 1. Specific direction given to do so by the Minnesota Department of Health 2. Local "All Clear" given by the Emergency Management Director and/or the Mayor/City Council 3. Non -essential businesses are allowed to reopen 4. Sufficient staff is available to work 5. Appropriate screening and testing of the pandemic disease is available 16 6. Fear of exposure is limited 7. Precautionary safety measures have been installed. Specific measures to be considered shall consist of: o Appropriate social distancing o Employee hygiene and source control (Personal Protective Equipment) o Cleaning and disinfection protocols have been established The City Administrator, with guidance from the Emergency Management Director, will notify staff of when a pandemic emergency has ended. 17 PANDEMIC RESPONSE AND CONTINUITY OF OPERATIONS PLAN ESTABLISHED: AUGUST 2007 UPDATED: JUNE 2020 SECTION 1— Overview The City of Hutchinson is responsible for providing services to more than 14,000 citizens and the businesses residing within the City. A potential pandemic could disrupt the continuity of operations for provision of essential and other community services, including governmental and business functions. In the event of a pandemic, protecting the health and safety of our City staff while providing vital community (essential) services will be our top priority. Should a pandemic occur, the Mayor of the City of Hutchinson may proclaim a "State of Emergency" in accordance with M.S. 12.01 to 12.61 and Chapter 33 of the Hutchinson City Code. A pandemic outbreak can pose unique operational challenges clue to its widespread geographic reach, cross -functional consequences for City services, and impact on the public. This makes it valuable for readiness and preparedness efforts to consider specific continuity strategies for managing this pandemic. If a pandemic spreads to the city of Hutchinson, Ihere is the possibility of a high absentee rate for city employees that could last for months on a;rolling basis. These absentees may include sick employees, employees who are caring for sick family members and employees who do not come to work out of fear of becoming ill. In addition, there may be a significant need for social distancing (a reduction of the number of persons concentrated in the workplace), necessitating that employees do their work but do not report to the workplace. Carrying out city government's responsibilities to the people of Hutchinson during a pandemic emergency will require substantial flexibility in the management of city operations and direction of all city employees, especially with respect to matters such as staffing levels, work hours, establishment of rules of conduct, and job assignment. In the event that essential services are adequately staffed, non -essential services may be staffed, to the extent possible. This plan is drafted to be used immediately. It is meant to complement department operational plans and the authority given to the City Administrator to manage staffing. This plan does not limit the City Administrator's authority to make operational decisions about essential or needed functions. This plan is also meant to provide direction to the Emergency Management Director in responding to a pandemic affecting Hutchinson. Operationally, the Mayor, City Administrator and Emergency Management Director will lead local decision making in regards to this plan. The following assumptions were made in drafting this plan: • The provisions of Chapters 33 of the Hutchinson City Code and the City's Emergency Management Plan must be followed; • The provisions of M.S. 12.01 to 12.61; • Chapter 2 and 6 of the Hutchinson City Charter; • State laws concerning local government employment relations have not been altered by action of the Legislature or the Governor; and • Essential functions will receive first priority for staffing, and other functions will be staffed secondarily. This plan provides staffing strategies, tools, advice and directives that the City Administrator and Emergency Management Director should follow in the event that the Mayor proclaims a "State 2 of Emergency" for the city. This plan is also to provide direction to the Emergency Management Director in responding to a pandemic. Because delivery of needed services to the people of Hutchinson will necessitate substantial flexibility in management, many human resources processes may be simplified or altered. SECTION 2 — Response Plan Depending on the severity of the outbreak, some of these measures may be implemented gradually or not at all. The decision for implementing any level of response rests with the City Administrator as directed by the Emergency Management Director. Decision makers at the City should use advice from appropriate state and federal agencies, such as the Centers for Disease Control (CDC), Minnesota Department of Health (MDH), and the Minnesota Department of Homeland Security and Emergency Management (MSPM) to make decisions about plan implementation. The following response levels are meant to act as a guide to the Emergency Management Director and are not to be all -encompassing. There very well may be decisions that need to be made by the Emergency Management Director that. fall outsige',the scope/definition of these response levels. A. Level 1 Response General Guidance: Outbreak begins anywhere within the World. Prepare with basic hygiene measures to help prevent introduction and spread of the virus. Recommended Actions; • Assess adequacy of city emergency supplies • Active messaging around hygiene best practices. • Make hand hygiene products and sanitation wipes available to departments. • Communicate human resources best practices and policies (i.e. use sick time if not feeling well). B. Level 2 Response General Guidance: First cases reported/outbreak anywhere within the United States, Canada or Mexico. Introduce increased hygiene measures to help prevent introduction and spread of the virus. Recommended Actions: • Continued active messaging around hygiene best practices. • Make hand hygiene and sanitation wipes available to departments. • Communicate human resources best practices and policies. • Introduce increased cleaning practices • Communication with City Staff and Elected Officials about the severity of the pandemic and the need to begin implementing measures of this plan • Communication with other public agencies/partners begin 3 • Travel is restricted to affected areas • Communication begins with the Public C. Level 3 Response General Guidance: First cases reported/outbreak anywhere within the 5-State area of Minnesota to include the Provinces of Manitoba and Ontario in Canada. Introduce social distancing measures to mitigate spread of virus. Recommended Actions: • Continued increased cleaning practices • Communication continues with City Staff, Elected Officials and the Public • Limit non -essential travel. • Establish notification requirements for employees and directors/supervisors who have been potentially exposed to the infectious disease. • Communicate employee and supervisor guidance notes on potential facilities closures, health issues, and frequently asked questions • Enact community mitigation recommendations from W. H, to incluNocial distancing practices. r • Cancel events/programs/meetings as necessary. f • Consider closing places of congregation (Event Center, Rec Center, etc.) D. Level 4 Response General Guidance: Outbreak occurs anywhere within Minnesota. Implement full social distancing measures within the workplace Recommended Actions: • Enact full social distancing measures in the workplace, per MDH guidance. • Cancel all events/programs/meetings except for those required to be held by law. • Limit all travel • Closefrestrict access to public lobbies and places of congregation; implement measures to continue City operations using drop boxes, mail, and technology (e.g. email, virtual, website). • Implement preventive health measures and pandemic -related employment policies and notify employees they are in effect. • Notify residents, businesses, and other stakeholders of that the City is minimizing direct person -to -person contact while still maintaining city services • Implement telecommuting or remote work policies for designated positions as appropriate • Supervisors/Directors begin planning for alternate staffing plans from Section 6 • Mayor/City Council considers declaring a State of Emergency E. Level 5 Response 4 General Guidance: Outbreak occurs within the Community/County or a "Stay at Home/ Shelter -in -Place" order is given by the State or Federal Government. Implement Essential Services Plan Recommended Actions: • Mayor/City Council should declare a State of Emergency if one has not yet been declared. • Implement Essential Services as identified in Section 4. • Notify residents, businesses, and other stakeholders of potential cutbacks in city services. • City devotes resources to most critical functions and delays discretionary expenses • Staffing levels may be reduced per Section 6 of this plan. F. Level 6 Response General Guidance: Extensive outbreak in City staffing and resources are exhausted. Recommended Actions: • Close/discontinue all non -essential functions. • Reduce to minimal staffing levels. • Implement quarantine measures as recommended by MDH. • Implement mutual aid, contracted services, and other emergency contracts to continue operations. • Notify residents, businesses, and other stakeholders of very limited city services. SECTION 3 — Labor Relations — Emergency Administration Ensuring the delivery of needed services to the people of Hutchinson will require substantial flexibility in management of city operations and direction of all city employees, especially with respect to matters such as transfer, establishment of rules of conduct and job assignment. Departures from normal practices should be narrowly tailored for the emergency. In the event of a pandemic and a State of Emergency is proclaimed by the Mayor, the following provides guidelines in the exercise of management and direct responsibilities to ensure the delivery of needed Services. A. Management of Employees 1. Section 2.11 of the Hutchinson City Charter gives all control of the city employees to the City Administrator 2. Section 6.02 of the City Charter identifies powers and duties of the City Administrator in regards to managing supervisors, departments and employees along with personnel rules 3. Directors/Department Heads and their supervisors will receive direction from the City Administrator when it comes to managing city employees during a pandemic. B. Guiding Principles 5 1. Directors/Department Heads and Supervisors will exercise flexibility in management and direction, including departures from normal practices, to ensure the delivery of needed services. 2. Insofar as possible, departures from normal human resources practices should be limited to those that: a. Ensure that functions of the Department can be staffed safely; b. Have the least disruptive effect on employees. 3. Directors/Department Heads and Supervisors should adhere to normal human resources practices to the extent possible, without causing unnecessary difficulty in administering a Department during the emergency. 4. Directors/Department Heads and Supervisors should provide as much notice to employees as possible, given the circumstances, of any change affecting employees. C. Communicate to employees anticipated departures from napml human resources practices Examples of potential departures from normal practices that sho @tdbe communicated to all employees include: a. Previously approved vacation, compensatory time, or leaves of absence (other than for sick or family leave purposes) may fie rescinded with minimal notice. b. Employees may be required to report for work with minimal notice. c. Employees' work schedules and,/or hours of work may change with minimal notice. d. Employees' may be asked to work rotating, split or staggered/off-setting schedules with minimal notice. e. Employees may be required to telecommute with minimal notice. f. Employees may be assigned oveXtime or sent home early with minimal notice. g. Employees may be assigned to other departments with minimal notice. SECTION 4 — Essential Functions, Lines of Succession and Delegation of Authority The following section provides guidance and direction to assist all departments, divisions and work units to develop plans for identifying essential functions, lines of management succession and delegation of authority in the event of a.pandemic emergency. All city personnel will be deemed critical or essential unless declared otherwise by a State or Federal order/mandate. The U. S. Department of Homeland Security - CISA will be used as a guidance on essential services the City will provide. Essential personnel must perform their work, notwithstanding unless they are unable to do it due to dependent care (see Section -36: Closure of Schools and Daycare Facilities) or health issues. A. It shall be the goal of the City to provide essential services and functions at a level that minimizes person -to -person contact within the community as much as possible. At a minimum, the following city services and functions shall be met during a pandemic: • Keeping the Power On • Keep water running (water and sanitary sewer systems) • Maintain public safety (Police, Fire, first responders) • Communication/Provide information to the public rare for- the s,.v • Remove/house deceased • Maintain sanitation/remove garbage • Ensure IT/server functions — essential for utilities and emergency services • Ensure payroll functions • Ensure a properly functioning government B. Departments shall predetermine essential functions and personnel needed to perform the essential functions. 1. Departments shall predetermine essential functions including critical times of year when certain functions must be performed. 2. Departments shall predetermine personnel who perform essential functions and the minimum number of staff necessary to perform those functions. Lines of succession shall run at least three employees in depth, when possible. 3. Departments shall pre -identify services they are mandated to provide, and determine what impact those mandates will have on their department. 4. Departments shall identify functions that may be suspended while personnel are assigned to roles that are more critical. Departments should identify the time period that the function can be suspended and the functions that may be done on a less frequent basis than would occur under normal conditions. 5. Departments should identify secondary personnel that have the skills and abilities to perform other functions. Such personnel may be: a. Employees in the same classification series as those who normally perform the function; b. Employees who have previously performed the work and are currently employed in other city departments; and c. Employees who can be trained either in advance of the need or on-the-job when the need arises. 6. Departments should identify other personnel who may be available to perform the essential functions. Such personnel may include retired employees, former employees, 'temporary workers and contract workers. 7. Each department shall maintain emergency contact information, including the employee's home address, home telephone number, cell phone number and home email address, emergency contact's name, address, home telephone number, alternate telephone number such as work or cell phone number, home and work email address and relationship to employee. S. The City Administrator shall have the ultimate authority in determining essential and non -essential functions/departments. C. Departments, divisions and work units shall establish a management line of succession plan. A line of succession provides a list of predetermined alternates for key leadership positions in each department, division or work unit. The succession plan should be at least three (3) employees in depth, where possible. The personnel identified for the line of succession should know the operations of the department; have the confidence of the principal to act in his or her absence; clearly understand the scope of the powers and duties delegated to him or her; and clearly 7 understand the constraints, if any, of the powers and authorities she or he will be delegated. 2. The succession plan should clearly identify the names of designated personnel and their regular titles and how they can be contacted. 3. The names and order of succession of designated personnel shall be communicated to department personnel. 4. The plan should clearly set forth the powers and duties that will be performed and by whom. The departments shall predetermine the individuals who will have the delegated authority to make decisions and communicate that these individuals will have that authority to department personnel. 5. If all of the personnel identified for the line of succession are unavailable (which may be the case in small departments where there is a limited number of leadership personnel), the department should provide for alternate lines of succession that identifies other personnel who can assume the powers and duties outside of the department. The line of succession plan should be updated whenevef a pertinent staff change occurs. 6. Departments should determine if those inAhe-line of succession may need to be cross - trained in advance and provide such training where needed. Advance cross training for essential functions is imperative. The department may provide resources, which may be accessed to train employees to perform other functions (ideo tapes, outside trainers, procedures manuals, teleconferencing, consultants, etc.). 7. Departments should construct a method by which those in the line of succession will have access to information and needed items (i.e. computer passwords, calendars for employee -approved time off, office keys, file cabinet keys, etc.) should they take over leadership responsibilities. D. Upon the declaration of a State of Emergency`by the Mayor, Department Directors should communicate lines of succession and essential employees and functions to the City Administrator. SECTION 5 — Budgets during a Pandemic Prolonged pandemics can have a lasting impact on city finances. Finances should be monitored and tracked during a pandemic. The City Administrator and Finance Director should provide guidance to departments on the handling of finances during a pandemic. The following guidelines should be considered and or taken into account. • Track any unexpected expenditures related to the pandemic (Finance will provide account code) • Delay capital purchases if possible • Delay new and seasonal hires • Account for and anticipate reduced expenses (lower travel/training costs) along with lost revenues • Anticipate higher than normal unemployment benefits (mainly seasonal employees) SECTION 6 — Closure of Schools and Daycare Facilities 8 To minimize the effect of any disease outbreak, Federal, State and Local Health Officials may implement a variety of disease control measures. A significant measure to help slow the spread of a pandemic is various measures related to social distancing. Some of these measures may include the closure of schools and daycare facilities. The closure of schools and daycare facilities may or may not occur in a pandemic. These closures are expected to have a significant cascading effect on staff absenteeism in both the private and public sectors. The city of Hutchinson must be prepared for a reduction in its staff resulting from healthy parents staying home to take care of healthy children or other healthy dependents. A. All personnel will be deemed essential unless declared otherwise. Essential personnel must perform their work, notwithstanding school and daycare closures. 1. All personnel should have a family care succession plan in place. 2. In the event that child and dependent care coverage become impossible, arrangements should be made in advance with department management to telecommute, if appropriate and feasible. 3. Employees will not be allowed to bring their children'to work in the case of a pandemic. B. Directors/Department Heads and supervisors will ensure their employees are aware of the aforementioned expectations. SECTION 7 — Alternative Work Schedules Alternative work schedules may be adopted during a proclaimed pandemic emergency to enhance social distancing, business continuity or other pandemic response goals as follows: A. Regular work schedules may be changed upon the proclamation of a pandemic emergency. In addition to regular full-time employees, regular part-time and temporary employees may work alternative schedules. B. Departments shall review their normal business hours and work schedules to determine if they can be modified in a manner that best promotes social distancing, business continuity, and the provision of essential services or other pandemic response goals during an emergency. C. Departments will identify essential and non -essential functions that may be staffed with personnel on alternative schedules. D. If feasible, directors/supervisors should first ask for employees to voluntarily work hours other than their usual schedule. Where certain work schedules cannot be adequately staffed voluntarily, department management may direct staff to work the schedules necessary. E. Departments are encouraged to work with staff to minimize the impacts of decisions affecting schedule changes. 0 F. Approved schedules shall also be formally documented. Such documentation should occur within one week of the start of an alternative schedule or as soon as practicable thereafter. G. Approval of alternative work schedules is a matter within the sole discretion of the City Administrator and Department Directors/Management, consistent with its responsibility to ensure delivery of needed services to the people of Hutchinson. H. When appropriate, management may assign an employee back to the employee's regular schedule. SECTION 8 — Telecommuting Telecommuting means that an employee is working one or more days each workweek from home instead of commuting to his or her centrally ldcated worksite. Telecommuting is not appropriate for all employees and no employee.is entitled or guaranteed the opportunity to telecommute. w� . The prose of this pohe • is Telecommuting Nacan, to provide support for social distancing or other pandemic response techniques as necessary to respond to a pandemic emergency. These modifications apply only to pandemic planning and response for employees that have been identified as appropriate personnel fortelecomtmuting. Requests for telecommunicating can be initia__d by city administration, directors or individual employees, but must be approved by the City Administrator according to the City's Telework Policy. Telecommuting may be approved per City policy and for no longer than the duration of the pandemic emergency. A. Departments should identifypossible telecommuters and make the necessary technological arrangements. 2. Departments shall consider a broad use of telecommuting to accomplish social distancing for a pandemic emergency. 3. Departments shall identify essential functions that may be accomplished remotely and whether the person performing the function needs access to all systems and applications or only email and/or voice communications. 4. Departments shall identify employees who perform essential functions and other employees whose situations may warrant telecommuting and shall determine their ability to telecommute. 5. Employees authorized for telecommuting may be allowed to provide limited dependent/child care during a pandemic emergency if providing care does not affect the ability of the employee to accomplish assigned tasks. 6. Departments might consider having a laptop computer that is pre -loaded with the necessary software, which may be checked out on an emergent basis by employees who do not already have the necessary equipment to telecommute. During a pandemic, 10 equipment may be limited and employees should not expect equipment to be available immediately as seen as pr-aefieable dweafter-. G. 1r 1oyees initiate t 1 11111M4 �' E, b nt by submitfing-a-vRit4en request to t ei- iffff Mediate supervise T 1 t' may b eaper- City Y 4iey and fig,.- no than the .1 t' `.F the „d le J SECTION 9 — Rescission of Approved Vacation Leave and Compensatory Time Off Because the pandemic emergency may cause sigwu.-ficant staffing slip ages, previously approved vacation leave and compensatory time off ma-te,rescinded in order to W vide staffing coverage for city services. Department Directors and supervisors should note the following: A. Department Directors/supervisors should keep an updated calendar of all approved time off and provide access to that calendar to those in their line of succession. B. The City has the authority to rescind vacation, personal and/or compensatory time off. C. Vacation and/or compensatorytime off should be rescinded as soon as the director/supervisor believes that a potential staffing shortage will require that the employee report to work. D. Rescission of an employee's leave, which is already in progress, shall be reasonably based upon the employee's ability to report to work. E. When rescinding vacation and/or compensatory time off, the director/supervisor shall have actual contact with the employee to ensure that the employee received the directive to report to duty. Rescission should be made in writing, if possible. F. If an employee's vacation is rescinded, the employee wiR may be allowed to carry over his/her vacation leave. The department will need to notify payroll in the Finance Department of the carryover of vacation. G. While employees who have accrued compensatory time off have a right to use it within a reasonable time of their request, such may not be the case in the event of a pandemic emergency, where an employee's absence would disrupt city business operations. Should rescission of compensatory time off due to a proclaimed pandemic emergency occur, the appointing authority may submit a recommendation to the City Administrator that the employee be allowed to carry over accrued compensatory time outside of normal policy parameters. 11 SECTION 10 — Sending III Employees Home and Quarantined Employees A. An employee should be treated the same as any other employee who displays symptoms of a contagious disease. If an employee becomes ill at work, directors/supervisors should speak with the employee privately and ask them to consider going home. B. Directors/Supervisors can require employees to stay home from work if they have signs or symptoms of a communicable disease that poses a credible threat of transmission in the workplace, or if they have traveled to high -risk geographic areas, such as those with widespread or sustained community transmission of the illness. C. Directors/Supervisors may send employees home if they are displaying symptoms of a contagious illness. D. Directors/Supervisors shall refrain from announcing to employees that a coworker is at risk of or actually has a disease. Instead, supervisors should focus on educating employees on best practices for illness prevention. Employees who have symptoms of illness are recommended to stay home and not come to work until they are: • Free of fever (100.4' F/37.8°"Q) or signs of a fevef, AND • Cough • Sore throat • Acute respiratory distress • Any other symptoms for at least 24 hours, without the use. of fever -reducing or other symptom -altering medicines • Any other symptoms as designated by C or the ' .Innesota Department of Health E. Directors/Supervisors may not ask employees about a diagnosis, but employees may choose to voluntarily share this information. Directors/Supervisors may ask employees if they are experiencing influenza -like symptoms, such as fever or chills, and a cough or sore throat. Directors/Supervisors must maintain all information about employee illness as a confidential medical record in compliance with state and federal law. If an employee voluntarily discloses that they have a medical condition or disability that places them at higher risk of complications, the employer must keep this information confidential. Managers/Supervisors may not assume that employees with known medical conditions or disabilities are at heightened risk of complications during a pandemic. F. The City will rely on a medical provider or the local health department to classify whether or not an employee is to be quarantined and isolated. The employee shall be allowed to return to work after the recommended isolation period has ended. The isolation period will be based on current recommendations from the Centers for Disease Control and Prevention (CDC) and/or the Minnesota Department of Health (MDH). The employee shall contact his or her supervisor and arrange for their return to work. G. The City will follow any other recommendations/guidelines for employees returning to work as established by the CDC and the MDH during a pandemic. 12 SECTION 11— Family Medical Leave and Sick/Vacation/Pandemic Leave During a pandemic, the City's Personnel Policy will be followed in regards to leave options available for employees. In certain circumstances, additional leave options may become available due to State or Federal actions. The City's HR Department will make employees aware of those options when they become available. In the case that the Mayor declares a pandemic emergency, additional leave may come available through the City's Pandemic Respense Staffing Policy . The HR Department will provide instructions to employees on the use of any available 16Ve during a pandemic. SECTION 12 — Facility Closure/Reduction in Force" x City facilities and operations will remain open during emergency sil hons that do not pose an JL immediate life, health, or safety risk to staff, customers, or residents, u otherwise directed by the City Administrator, City Council, or a Governor or Presidential Orr. A. If City facilities close to the public, City staff should still be available via phone and email and are expected to report to work fqr their regularly scheduled shifts, unless they are approved to work from home according to the City's telework policy. The City will still be conducting business through alternative methods (i.e. Virtual, mail, e-mail, phone, etc.). We will continue to provide the best level of service to our customers under these circumstances. B. Employees may be reassigned to other duties to assist during this situation. Supervisors should make every attempt to find additional work for employees in order to keep them working productively. Should there be circumstances where that is not feasible due to the type of work assigned to an employee, they may be sent home. C. The decision to send employees home will ultimately be made by the City Administrator. The City Administrator will work in partnership with the specific Director/Department Head and Human Resource Director when making decisions on sending employees home. Should there be circumstances where there is not work to assign to an employee, they may be sent home. If there is work available and the employee refuses to work, they will not be paid and may be subject to disciplinary action per Employee Handbook -Personnel policies. WML E. If an employee is sent home from a regularly scheduled shift due to lack of work when City facilities are closed to the public, they will be paid their regular hourly base wage for the hours worked and may use whatever accrued leave is available per city policy. Employees should expect to report to work for each of their subsequent shifts as this situation may 13 change from day-to-day. If an employee is sent home from one shift, they should not assume they do not need to report to work for subsequent shifts. F. When an employee is sent home due to lack of work, Supervisors should document actual hours worked, along with when the employee was directed to leave. G. If an employee is asked to do different duties, which are significantly different from their regular duties, please consult your Director/Department Head and/or Human Resources to determine if it is allowed per collective bargaining agreements, and/or labor laws. H. In the event a "Stay at Home" or "Shelter in Place" Order is given, the City Administrator will work with Directors/Department Heads on employing "essential" positions per essential functions listed in Section 4. The level of essential and non -essential employees will be determined by the Stay at Home or Shelter in Place Order. Erployees identified as non- essential will not report to work and will be required to use whatever accrued leave is available to them. IN SECTION 13 — Communication and Consistent I.Wessaging A key element in responding to any disaster, including a pandemic emergency, is consistent, effective and timely communication. Sound and thoughtful communications will be required before, during and after a pandemic emergency. This section pxovides guidance on internal and external communications planning and strategies. A. Internal Communications to Employees 1. Information and communication activities will be coordinated with the appropriate departments to ensure the delivery of consistent messages to employees. These departments may include City Administration, Human Resources, and Emergency Management. 2. The city and departments will ensure that all employees receive communications by using different communication tools. These tools include: a. Email b. Printed materials c. City of Hutchinson website 3. Departments and Human Resources will maintain current contact information for employees. 4. The city and departments will provide applicable information to employees depending on the current phase of pandemic. Information may include: a. The current threat of a pandemic. b. Guidance for employees on how to develop individual and family preparedness plans for the pandemic. c. The expectation that employees will perform their work, notwithstanding school and daycare closures. Employees should develop family care succession plans (see Section -6: Closure of Schools and Daycare Facilities). d. Steps the city is taking to address the threat of pandemic. 14 e. Potential changes to personnel policies located in this manual, as well as to other policies, with the emphasis that these changes apply only to a pandemic emergency response, not for routine operation. f. Changes in business practices in response to a pandemic emergency. Changes may include social distancing, increase in telecommuting or suspension of non- essential functions. g. The importance of staying at home if employees are ill or have pandemic symptoms. h. Steps employees can take to control the spread of communicable infections in the workplace, including proper disinfection techniques, cough etiquette, and hand washing. B. External Communications to Stakeholders It 1. Information and communication activities will be coordinated with the appropriate departments to ensure the delivery of consistent messages to external stakeholders. These departments may include City Administration, Human Resources, and Emergency Management. 2. The city and departments will provide applable information to keyeholders, including the following: a. Contracted agencies • Changes in business practices in response to a pandemic emergency. Changes may include social distancing, increase in telecommuting or suspension of non -essential functions. • The need for contract agencies to develop and implement a business cdntinuity of operations plan for a Pandemic. b. Labor representatives • The expectation that employees will perform their work, notwithstanding school and daycare closures. Employees should develop family care succession plans (see Section 6: Closure of Schools and Daycare Facilities). • Potential changes to personnel policies located in this manual, as well as to other policies (see Section 3: Labor Relations — Emergency Administration). c. Public 01 Changes in business practices in response to a pandemic emergency. Changes may include social distancing, facility closures, program changes, increase in telecommuting or suspension of non -essential functions, and alternative ways to conduct 1 siness with the city. d. Media Information • Updates will be provided to the local media outlets on an "as needed" basis as determined by the Emergency Management Director. The City's Public Information Officer (city administrator or designee) will provide updates. • The City will establish an informational page on its website/social media accounts with up-to-date information on the pandemic • In certain situations, a phone bank at Emergency Operations Center may be established to answer questions from the general public. SECTION 14 — Crisis Counseling 15 A crisis such as a pandemic may cause stresses that compromise the effective functioning of a department. Crisis counseling may be recommended to employees to address personal problems that interfere with work performance. Further, there may be a need for "Critical Stress Debriefing Sessions" to assist a department with particular problems or traumatic events. A. It is recommended that referral appointments for crisis counseling during a pandemic be allowed during regular working hours during the course of the emergency even if the department does not normally allow use of work time for such appointments, as long as this does not interfere with the operations or functions of the workplace. B. The Human Resources Department is responsible for the provision of crisis counseling for city employees, and will maintain appropriate lists of available resources, including: 1. The Employee Assistance Program (EAP) and/br services offered by the City's health insurance company. 2. Professional counseling services. Professional counseling services shall be considered if the EAP is overwhelmed and unable to provide services. The Human Resources Department will maintain a list of professional counseling services. 3. Clergy. The police department has clergy they routinely use. The Human Resources Department will maintain a lift of available clergy. 4. Peer Counseling. Critical incident stress training will be encouraged to employees interested in becoming peer counselors. The Human I Resources Department will maintain a list of trained employees. SECTION 15 — Contracted Vendors Many departments contract with vendors that provide essential services for city operations. Departments' should be assured that these vendors would provide services during a pandemic. A. Department Directors shall establish contact with outside vendors to ascertain their ability to provide services during a pandemic. 1. Departments, in cooperation with the Finance Department, will maintain a list of essential contracted vendors. 2. Departments, in cooperation with the Finance Department, will contact essential contracted vendors to assess their plans to provide services during a pandemic. 3. Departments will encourage essential contracted vendors to develop a business continuity of operations plan for a pandemic. B. Departments shall pre -identify alternate vendors to utilize in the event that primary vendors are unable to provide service. SECTION 16 — Ending Emergency/Returning to Normal Practices and Procedures Ending a pandemic emergency and returning to normal practices and procedures will be done on a case -by -case basis depending on the type of pandemic. In most cases, returning to normal 16 practices and procedures will be done in a phased approach that may take several months to achieve. Returning to normal practices and procedures will be done in consideration with the following (not all conditions need to be met): 1. Specific direction given to do so by the Minnesota Department of Health 2. Local "All Clear" given by the Emergency Management Director and/or the Mayor/City Council 3. Non -essential businesses are allowed to reopen 4. Sufficient staff is available to work 5. Appropriate screening and testing of the pandemic disease is available 6. Fear of exposure is limited 7. Precautionary safety measures have been installed Specific measures to be considered shall consist of: o Appropriate social distancing o Employee hygiene and source control (Personal Protective Equipment) o Cleaning and disinfection protocols have been established The City Administrator, with guidance from the Emergency Management Director, will notify staff of when a pandemic emergency,has ended. 17 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Consideration of City Policy 3.34 Telework Policy Department: Administration LICENSE SECTION Meeting Date: 6/9/2020 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: With the current COVID-19 pandemic, from the initial Stay at Home Order and the more recent Stay Safe Order issued by Governor Tlm Walz, a primary message has been that any Minnesotan, including all critical sector workers, who can work from home must do so. This includes the City of Hutchinson employees. In adherence to the orders, City Administration has allowed a number of City employees to work from home, and this has necessitated the need to adopt a policy to address the specifics of telework. The policy addresees temporary flexible work environment arrangements as part of the City's strategy to continue the City operations during a Pandemic or other emergency situations. The policy can also be amended in the future to allow telework in non -emergency situations, if this meets the operational needs of the City. Attached is proposed City Policy 3.34 - Telework Policy for consideration by the City Council. The proposed policy has been reviewed by the City Management Team and is recommended for approval. BOARD ACTION REQUESTED: Consideration and adoption of City Policy No. 3.34 Telework 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: Policy No. 3.34 CITY OF HUTCHINSON POLICY -PERSONNEL- TELEWORK POLICY DATE June 2020 SOURCE Administration NO. 3.34 8 Pages Objective Provide temporary flexible work environment arrangements when consistent with business needs as part of the City's strategy to continue the City operations during a Pandemic or other emergency situation. Scope This policy applies to all regular employees of the City of Hutchinson. Definitions and Key Terms Terms Definitions Core hours The designated period of each workday when employees are assigned to work. Principal work location The worksite to which an employee is assigned, generally a City of Hutchinson facility or property. Remote worker An employee who, as a result of a pandemic/emergency, has their home or alternative location assigned as a work location and works intermittently or exclusively from that location. Telework A formalized work arrangement that allows an employee to perform work on a regular, recurring basis at a telework location that is not the employee's principal work location. Telework agreement A document signed by an employee and the Appointing Authority or their designee and the employee's director/manager that outlines the terms of the telework arrangement. Telework location An approved alternative worksite in which an employee is authorized to conduct telework. In most cases, the telework location will be an employee's home. Teleworker An employee who has entered into a telework agreement with the City of Hutchinson and works at a telework location. Exclusions This policy does not apply to employees who work at home as a temporary or reasonable accommodation, or work at home on a case -by -case or situational basis that is brief in duration (one day infrequently). GENERAL STANDARDS AND EXPECTATIONS The use and approval of telework is at the sole discretion of the City Administrator upon recommendation by the department director, and the City Administrator may terminate a telework agreement at -will, at any time, with or without cause or notice. Not all work situations are appropriate for telework, nor is telework appropriate or possible for all employees. A department director that recommends telework must ensure that an appropriate telework location and an appropriate framework of expectations exists before a telework agreement is entered into with an employee, as outlined below. I. EMPLOYMENT CONDITIONS a. Compliance with Federal/State Employment Laws. Telework arrangements must comply with all applicable state and federal employment laws. This includes the Fair Labor Standards Act (FLSA) which regulates the payment of overtime for FLSA non-exempt employees. b. Job Duties and Responsibilities. A teleworker remains responsible for all the job duties, responsibilities and obligations of their position while teleworking. The terms and conditions of employment, as specified in the applicable City policies, do not change based on telework status. II. EMPLOYEE EXPECTATIONS a. Personal Activities. Telework hours are regular work hours and may not be used as a substitute for personal activities, such as dependent care or errands. Just as with regular work hours, teleworkers are expected to follow City vacation and sick leave policies and procedures to request time off from telework to engage in non -work activities b. Work Schedule/Meetings. Prior to entering into a telework agreement, the supervisor and teleworker must discuss the work schedule, including normal work day hours, breaks, and Core Hours, and use of vacation and sick leave and earned compensatory time. The work schedule must comply with the FLSA, and City policies and procedures. Any changes to the work schedule must be communicated to and approved by the supervisor. Unless excused by the supervisor, the teleworker must attend all assigned meetings, including those which normally would be held on a telework day. The supervisor will determine whether the teleworker's attendance at the meeting must be in -person, or if the teleworker may attend the meeting remotely from the telework location. c. Location and Travel i. Normal commute time between a telework location and the principal work location is not work time. If occurring during the teleworker's normally scheduled work hours, travel time between the telework location and the principal work location is considered work time. For example, if a teleworker begins work at the telework location at 8 a.m., and then travels to the principal work location beginning at 10 a.m., travel time would be considered work time. Travel home from the principal work location is not work time, unless the teleworker continues to perform work activity from the telework location after returning from the principal work location. Mileage between the Telework Location and the principal work location shall be considered commuting mileage and is not subject to reimbursement. ii. If the teleworker is working at an alternative work site (not the telework location and not the principal work location), the mileage from the alternative work site to the principal work location shall be reimbursable in accordance with City policy. Any travel to the alternative work site is considered work time if it occurs during the teleworker's normal work hours. Communications. Teleworkers must be reachable by customers, co-workers, directors, managers, supervisors, and City leadership during agreed -upon hours. Teleworkers must notify assigned office staff and/or their supervisors if they leave their telework location during work hours, just as they would if they worked in the principal work location. They must also notify the supervisor if they are not performing work due to vacation or sick time and must follow the normal procedures for requesting other time off. e. Supplies and Expenses. Supplies needed for the telework location will be obtained through the normal supply request procedures. A teleworker must seek prior approval from the supervisor for expenses that will be incurred. Approved expenses will be reimbursed in accordance with existing City policies. f. Responsibilities When Telework Location is in the Home. The teleworker is responsible for establishing and maintaining a safe and adequate telework location in the home. The designated telework location may be subject to review and approval by the supervisor to ensure that it is conducive to performing work. The teleworker will be responsible for all costs related to modifications of the telework location including, but not limited to remodeling or electrical modifications. In -person business meetings may not be held in the home telework location; meetings may be conducted in City facility meeting spaces or via video conference, phone conference, or other electronic means. g. Privacy and Security. Teleworkers must make arrangements with their supervisors regarding any necessary access to confidential or sensitive information while working at a telework location. The information type will be documented in the telework agreement before the teleworker may take the information from the principal work location. Teleworkers are responsible for protecting the privacy and confidentiality of data and information at their telework location, which includes compliance with security policies. Teleworkers must ensure the security of data and information that is transported to and from their telework location. Any confidential or sensitive information that is copied from server drives to portable media or computing devices shall be encrypted. h. Insurance. Any insurance for City -owned equipment is the responsibility of the City. The City is not responsible for insuring the telework location. Teleworkers are responsible for purchasing personal insurance for employee -owned equipment and for the telework location, if desired. The City is not responsible for any loss or damage to any employee -owned equipment. Return of Property. Any City -owned property used specifically for telework purposes, documents, and other information must be returned upon termination of the telework agreement. Notice to Supervisor. Teleworkers are responsible for promptly notifying their supervisor and IT of an equipment malfunction or failure of either City -owned equipment needed to do assigned work. If the malfunction prevents the teleworker from performing assigned tasks, the teleworker must notify the supervisor immediately. k. Performance. Teleworkers are responsible for maintaining satisfactory work performance. Declining or unsatisfactory work performance may result in termination of the telework agreement. Closure of City Facility. If a City facility is closed due to a natural or human -made emergency, any employee scheduled or able to telework is expected to work as normally scheduled. m. Taxes. Federal and state tax implications of teleworking and use of the home as a telework location are the responsibility of the teleworker. III. SUPERVISOR EXPECTATIONS a. Communication Plan. The supervisor must work with the teleworker to develop an effective communication plan. The communication plan should ensure that the teleworker effectively manages their workload and that teleworking does not have a negative impact on the teleworker's managers, supervisors, co-workers, team, customers, or the City's operations. In addition, the supervisor should set expectations for responding to emails and phone calls during the telework day and maintain regular communication with the teleworker. b. Performance Expectations Plan. The supervisor must develop a plan that defines performance expectations and deliverables, and review the plan with the teleworker. c. Emergency Plan. The supervisor and teleworker must develop emergency and back up plans with necessary phone numbers and a messaging plan in case of an emergency (e.g. equipment failure). d. Meetings. The supervisor should communicate planned meeting schedules in advance to permit teleworkers to adjust their work schedules and work location accordingly. Remote meetings should be scheduled and in -person meetings are required only when absolutely necessary. e. Reporting to HR. Upon approval, the telework agreement is forwarded to and filed by the HR Department. IV. EQUIPMENT AND MATERIALS a. City -Provided Equipment. The City may provide, at its sole discretion, computer hardware equipment, software, and telephone service deemed necessary for the teleworker to perform assigned work at a telework location. b. Record of Equipment. IT will maintain a record of City -owned hardware, software, and other equipment located at the telework location. c. Employee -Owned Equipment. The City does not have a Bring Your Own Device (BYOD) program. Personal equipment and devices are not allowed to connect to the City network. d. Installation and Repair of City -Owned Equipment. The City is responsible for the installation, testing, maintenance, and repair of City -owned equipment and upgrades of software. City IT staff will not report to a telecommuter location to install City owned hardware. Repair of Employee -Owned Equipment. The City is not responsible for the maintenance and repair of employee -owned equipment, hardware and software used for telework. Business Use Restrictions. All equipment, hardware and software furnished to the teleworker remain the property of the City and are subject to the same business use restrictions as if the property was located on City premises. To ensure hardware and software security for City -owned equipment, all software used for teleworking must be approved by the City and the It Director. City - owned software cannot be installed on employee -owned hardware. Employee -owned software cannot be installed on City -owned hardware. Only employees may use City owned hardware and software. Telework equipment is not a replacement for personal equipment and may only be used for occasional and brief personal uses allowed in the IT policy. Teleworkers must continue to comply with City technology policies. 4 V. DATA AND SECURITY a. Data Practices Act. Teleworkers must follow all applicable provisions of the Minnesota Government Data Practices Act ("MGDPA") and City data privacy policies when performing work at the telework location. The teleworker and supervisor must discuss the type and form of data which will be taken to and from the telework location and must agree on the security and transfer process necessary to meet the needs of the City, to protect the security of the data, and to comply with the MGDPA. b. Data Requests and Retention. Data created and maintained during a telework arrangement generated for the purpose of conducting City business is subject to the MGDPA and the state's records management statute, regardless of whether the telework is performed using City -owned or employee -owned equipment. This means the teleworker is responsible for following proper retention and disposal procedures, such data remains the property of the City, and the teleworker must return all such data to the City upon request or upon the teleworker's separation from employment the termination of the telework agreement. Data may only be saved on City owned hardware including any cloud services. VI. TELEWORK SITE a. Extension of the City. The telework location is considered an extension of the City during the agreed -upon working hours. The designated telework location must accommodate any equipment to be used in work performed and the teleworker must protect the work space from hazards and dangers that could affect the teleworker or the equipment. The City may, at its discretion, send a representative to visit the telework location, with advanced notice, to ensure that the equipment and work area are safe and free from hazards. b. City -owned Equipment. The telework location must accommodate any equipment to be used in work performed and the teleworker must protect the telework location from hazards and dangers that could affect the teleworker or the equipment. The teleworker is responsible for taking appropriate steps to minimize damage to City -owned property at the telework location. c. Third Party Liability. The City does not assume responsibility for injury or property damage to third parties that may occur at the telework location. Business meetings may not be held at the telework location. Workers' Compensation. An employee is covered by the state's Workers' Compensation laws while acting in the course and scope of employment while in telework status. Any injury that occurs within the course and scope of employment must be reported to the supervisor immediately and forwarded to Human Resources immediately, using the City's standard workplace injury reporting process. The employee's designated telework location is considered an extension of the City work space only during scheduled teleworking hours for purposes of workers' compensation. VII. TELEWORK APPROVALS The City Administrator makes all final decisions authorizing telework. The City will use general telework criteria to assess all telework requests. The City retains the right to approve or deny requests at its sole discretion. Supervisors are responsible for monitoring teleworkers' performance to ensure that teleworkers continue to meet customer and City business needs and performance expectations. Examples of possible review/approval criteria could include: a. Job Related Criteria i. Overall business needs ii. Ability to provide adequate supervision of the employee remotely iii. The effects of teleworking on customer service iv. The costs to be saved or incurred v. The need or availability of tools and equipment vi. The existence of well-defined job objectives and output that can be assessed vii. The teleworker can be reached by coworkers and customers and be responsive to calls and other types of correspondence viii. A need for sensitive data that cannot be taken off -site; the ability or lack of ability to safeguard necessary data ix. Feasible method to accurately track and record time worked for payroll processing and FLSA / state law compliance b. Performance Related Criteria i. The employee's current and past job performance ii. The employee's communication skills iii. The employee's ability to manage priorities and work independently iv. Attendance history (excluding Family and Medical Leave Act (FMLA) absences, other statutorily - protected leaves, and Americans with Disabilities Act (ADA) accommodations) v. The employee's ability to complete work projects with minimal direct oversight or supervision Vill. TELEWORK AGREEMENT a. Agreement required. All telework arrangements must include a written telework agreement. At minimum, the agreement must address the following: i. Employee performance expectations and monitoring ii. Work hours and schedule iii. Telework location iv. Equipment and supplies v. Workers' compensation vi. Responsibility for work area and equipment vii. Data privacy and security viii. Communication and availability ix. Employment conditions x. Expense reimbursement b. Signature. A telework agreement must be signed by the City Administrator, director and employee prior to the start of teleworking. c. Cancellation. The telework agreement can be changed or cancelled by the City at -will, at any time, with or without cause or notice. A telework agreement should be cancelled when the teleworker has performance issues, if there is a change in job responsibilities requiring the employee to work in the principal work location, or when the needs of the City are not being met. The teleworker can also cancel the telework agreement at any time. d. Changes to Telework Agreement. Any changes to the telework agreement must be reviewed and approved by the director and City Administrator who have the discretion to approve or reject any proposed changes. e. Renewal of Telework Agreement. The telework agreement expires no later than one year after its effective date. At least annually, the director and teleworker must discuss whether to request to renew the telework agreement. Telework agreements must be reviewed annually or as part of the annual performance review process, and a new Telework agreement signed at that time, if the telework is to continue. R TELEWORK AGREEMENT Employee Name Department Position Home Address Other Remote Location Home/Cell Phone # Telework Schedule (away from office) Monday Tuesday Wednesday Thursday Friday (employee name), have read, understand, and agree to adhere to the City of Hutchinson Telework Policy, the telework procedures, and the terms as described in this agreement. • 1 will request any deviation from the approved Agreement as soon as possible with my director and the City Administrator. • 1 have discussed the telework agreement, including scheduling days and hours of work, communications, employee/supervisory responsibility for work progress and monitoring work, the use of City of Hutchinson equipment, data security, and data privacy with my supervisor. • Teleworkers are responsible for damage to City -owned equipment and for filing a police report with their local police department for stolen City -owned equipment. I understand that I must notify my supervisor in the event of any damage to or loss of City property. • 1 understand that supplies needed for telework will be obtained through the normal supply request procedures and requires prior approval from the supervisor, and approved expenses will be reimbursed in accordance with existing City policies. • 1 understand that the City may cancel the agreement immediately without notice, or I may terminate the telework agreement with reasonable notice to the City. Upon termination, I will return all City -owned equipment to the City immediately or facilitate the City's access to such equipment for retrieval. (Note: Additional sheets may be attached to this agreement to document other important aspects of the Agreement.) Other important information/specifics: TELEWORK EQUIPMENT RECEIPT I, (employee name), have been issued the following City of Hutchinson equipment. I will comply with the Telework Policy as they pertain to this equipment. I understand that I must continue to conform to all City of Hutchinson policies and rules, and in particular the City of Hutchinson IT Policy, relating to use of City equipment, data privacy, computer security issues and electronic communication. The following equipment is in my possession: Equipment Model Serial # Personal Computer (desk top/laptop) Monitor Mouse Cell Phone IT Review Completed: Date Employee Signature Director Signature City Administrator Signature IT Staff Member Date Date Date NOTE: The agreement should be reviewed on a regular basis and at least every 12 months. The City may alter the agreement at any time, as needed. All changes to the agreement require City approval. F: HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approve/Deny Resolution 15174 Temporarily Restricting use of Public Parks Department: Administration LICENSE SECTION Meeting Date: 6/9/2020 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The Hutchinson Jaycees are currently preparing to host a fireworks display as a part of a limited Water Carnival Celebration. As they prepare for this event, both the Hutchinson Jaycees and the City of Hutchinson are encouraging people not to congregate to help stop the spread of COVID-19. In the effort to assist in the potential for large gatherings, a couple of council members have asked that consideration be made to close the parks directly surrounding where the fireworks would be displayed. Staff has put together a resolution to allow this to happen. The Parks to be closed would be Odd Fellows, AFS, West River/Masonic West, and Riverside Parks. Campers who have reserved spots would be exempt. The closing would be from 8 p.m. to Midnight on June 21. Along with the closing of the parks, staff would be also be encouraging proper social distancing measures be met (less than 10 and 6 feet apart), people remain in their vehicles whenever possible, and that gatherings are limited to private property. The resolution also provides flexibility in case social distancing measures change between now and June 21. BOARD ACTION REQUESTED: Approve/Deny Resolution 15174 temporarily restricting the use of certain City Parks on June 21, 2020 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 15174 A RESOLUTION TEMPORARILY RESTRICTING THE USE OF CERTAIN CITY PARKS ON JUNE 21, 2020. WHEREAS, on April 14, 2020 the Hutchinson City Council approved of the activities of the Hutchinson Jaycees in connection with their sponsorship of their annual "Water Carnival" which included a fireworks display to be held on June 21; and WHEREAS, traditionally, large groups of people have gathered to watch the fireworks display at Odd Fellows, AFS, West River/Masonic West, and Riverside Parks in Hutchinson; and WHEREAS, the State of Minnesota and the City of Hutchinson recently declared state of emergencies in connection with the COVID-19 pandemic; and WHEREAS, the Hutchinson City Council finds that the COVID-19 virus continues to pose a risk to public health; and WHEREAS, Federal, State and local authorities have emphasized the importance of limiting contact between persons as a means to slow the spread of the COVID-19 pandemic and are discouraging gatherings of large groups of people at this time; and WHEREAS, the City Administrator has instructed the Director of Parks, Recreation and Community Education to restrict use within certain City parks to allow for a fireworks display to take place; and WHEREAS, under Hutchinson City Ordinance section 95.13 the Director of Parks, Recreation and Community Education has the authority to restrict the use of City parks in order to promote public safety, and the Director has determined that gatherings of people to observe the fireworks at Odd Fellows, AFS, West River/Masonic West, and Riverside parks does jeopardize public health; and WHEREAS, the Director further has determined that to promote public health, Odd Fellows, AFS, West River/Masonic West, and Riverside parks should not be used by the public from 8:00 PM until midnight on June 21, 2020, and in furtherance of this determination has asked the City Council to approve a resolution so restricting the use of these parks during that time. NOW, THEREFORE, IN FURTHERANCE OF THE DIRECTOR'S DETERMINATION, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That Odd Fellows, AFS, West River/Masonic West, and Riverside parks in the City of Hutchinson shall not be available for public use from 8:00 PM to midnight on June 21, 2020. 2. That Hutchinson Police Services is hereby authorized to assist the Director in carrying out this resolution by posting signs, erecting barricades and using other reasonable means to restrict or remove the public from using these parks at that time. 3. These restrictions shall not pertain to those persons authorized to use West River/Masonic West Park for camping purposes. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: I . That participation in viewing the fireworks are obviously not mandatory and that all persons who are viewing the fireworks display are encouraged to do so by observing proper social distancing measures as established by the State of Minnesota — by avoiding large gatherings and remaining in groups of less than 10, remaining at least six feet away from each other, remaining in vehicles whenever possible, and limiting their gatherings to private property. 2. That guidelines for social distancing may be relaxed or strengthened within this resolution if measures to relax or strengthen social distancing guidelines are done by the State of Minnesota. Adopted by the City Council this 9' day of June, 2020 Gary Forcier, Mayor Attest: Matthew Jaunich, City Administrator RESOLUTION NO. 15174 A RESOLUTION TEMPORARILY RESTRICTING THE USE OF CERTAIN CITY PARKS ON JUNE 21, 2020. WHEREAS, on April 14, 2020 the Hutchinson City Council approved of the activities of the Hutchinson Jaycees in connection with their sponsorship of their annual "Water Carnival" which included a fireworks display to be held on June 21; and WHEREAS, traditionally, large groups of people have gathered to watch the fireworks display at Odd Fellows, AFS, West River/Masonic West, and Riverside Parks in Hutchinson; and WHEREAS, the State of Minnesota and the City of Hutchinson recently declared state of emergencies in connection with the COVID-19 pandemic; and WHEREAS, the Hutchinson City Council finds that the COVID-19 virus continues to pose a risk to public health; and WHEREAS, Federal, State and local authorities have emphasized the importance of limiting contact between persons as a means to slow the spread of the COVID-19 pandemic and are discouraging gatherings of large groups of people at this time; and WHEREAS, the City Administrator has instructed the Director of Parks, Recreation and Community Education to restrict use within certain City parks to allow for a fireworks display to take place; and WHEREAS, under Hutchinson City Ordinance section 95.13 the Director of Parks, Recreation and Community Education has the authority to restrict the use of City parks in order to promote public safety, and the Director has determined that gatherings of people to observe the fireworks at Odd Fellows, AFS, West River/Masonic West, and Riverside parks does jeopardize public health; and WHEREAS, the Director further has determined that to promote public health, Odd Fellows, AFS, West River/Masonic West, and Riverside parks should not be used by the public from 8:00 PM until midnight on June 21, 2020, and in furtherance of this determination has asked the City Council to approve a resolution so restricting the use of these parks during that time. NOW, THEREFORE, IN FURTHERANCE OF THE DIRECTOR'S DETERMINATION, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: 1. That Odd Fellows, AFS, West River/Masonic West, and Riverside parks in the City of Hutchinson shall not be available for public use from 8:00 PM to midnight on June 21, 2020. 2. That Hutchinson Police Services is hereby authorized to assist the Director in carrying out this resolution by posting signs, erecting barricades and using other reasonable means to restrict or remove the public from using these parks at that time. 3. These restrictions shall not pertain to those persons authorized to use West River/Masonic West Park for camping purposes. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: 1. That participation in viewing the fireworks are obviously not mandatory and that all persons who are viewing the fireworks display are encouraged to do so by observing proper social distancing measures as established by the State of Minnesota — by avoiding large gatherings in outdoor settings that exceed 250 people, and remaining in groups of less than 4-0 25, remaining at least six feet away from eaeh oth of physical distancing between households, remaining in vehicles whenever possible, and limiting their gatherings to private property. 2. That guidelines for social distancing may be relaxed or strengthened within this resolution if measures to relax or strengthen social distancing guidelines are done by the State of Minnesota. Adopted by the City Council this 9'j' day of June, 2020 Attest: Matthew Jaunich, City Administrator Gary Forcier, Mayor 2 EDA Board Meeting ZOOM Conference Call 11:30 AM Wednesday, April 22nd, 2020 MEETING MINUTES Members present in bold. EDA Board Members Mike McGraw Jonny Block Mike Cannon Corey Stearns Daron Vanderheiden Chad Czmowski Mary Christensen Jeremy Carter Staff Miles Seppelt, EDA Director Matt Jaunich, City Administrator Andy Reid, Finance Director Maddie Newcomb, EDA Program Manager I. Call to Order Meeting called to order at 11:32 AM. II. Review Agenda III. Review Minutes Economic Development Authority Financial Summary as of March 2020 Operations Cash Available $93,182 Reserved $56,736 Unreserved $35,629 Economic Development Loan Fund Cash Available $70,350 Ashwill Industries Balance $6,050 Zephyr Wind Services $94,798 Laser Dynamics Balance (forgivable) $23,000 Innovative Foam Balance (forgivable) $14,355 Advances to other funds (Enterprise $283,146 Center Downtown Revolving Loan Fund Cash Available $582,448 Loans Receivable $340,009 Capital Assets $201,329 Total Assets $1,123,787 MIF Loan Fund Cash Available $3,136 MOXY Loan Receivable $15,240 Enterprise Center Fund Cash Available $33,623 SHOPKO TIF District (TIF 4-5) Cash Available $184,559 Interfund Loans Receivable $480,906 MEDICAL CLINIC TIF District (TIF 4-16) Interfund Loan Payable $322,661 a. March 18th Finance Team meeting (cancelled — no minutes) M/S/P: b. March 25th EDA Board Meeting M/S/P: Christensen, Vanderheiden to approve the minutes as written. Passed unanimously IV. Review of EDA Financial Statements Finance Director Andy Reid provided an update on the EDA financials. (Please refer to table) M/S/P: Vanderheiden, Cannon to approve the financial report as presented. Passed unanimously. V. Director's Report A. Marketing Plan: FB = 353, T = 94, Facebook updates = 2, Twitter updates = 2, Website updates = 2. B. Business recruitment / expansions — Staff provided an update on recent prospects and ongoing conversations. C. Cenex Site Redevelopment — Waiting to hear from developer on possible market rate apartments. D. Clinic Site — on hold until we hear back about the FEMA grant. E. Solar Project — staff to meet with Utilities tomorrow to discuss Developers. F. Business Check -ins — staff have been reaching out to manufacturers to see how they are doing during this time. Some companies are shut -down, some have reduced hours/production, others are very busy. VI. Systems West Project A. Consider Resolution 2020-01 RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NOA, ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 4-21 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. M/S/P: Block, Stearns to adopt Resolution 2020-01 for the TIF District No. 4-21 as presented. Passed unanimously. VII. Grant & Loan Program Applications Facade Improvement Matching Grant Premier Investments 31 Main Street North $5,000 M/S/P: Cannon, Christensen to approve the grant application as presented. Passed unanimously. Staff noted that a grant application was received from Zella's but that it was ineligible due to a Facade Improvement Grant approved for that building in late 2019. Vill. Other Business — NONE. IX. Set Next Meeting — 11:30 AM Wednesday, May 271", 2020 X. Adjourn With no further business to attend to, the meeting was adjourned at 12:00 pm. Respectfully Submitted, Madison Newcomb EDA Program Manager