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cp06-23-20
HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, DUNE 23, 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 — Hope Family Church (The invocation is a voluntary expression oftheprivate citizen, to andfor the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previous y reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15185 — Resolution Accepting $3000 Donation from Hutchinson Huskies Baseball Club for VMF Outfield Fencing Project 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 June 9, 2020 CONSENT AGENDA (The items iste or consi eration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA (a) Consideration for Approval of Amending Zellas Liquor License to Include Outdoor Seating Area (b) Consideration for Approval of Summary Ordinance No. 20-814 — Amending Chapter 112 — Liquor Regulations (c) Consideration for Approval of Resolution No. 15179 - Resolution Establishing Location for Traffic Control Devices (Ash Street/Griffin Avenue/Northwoods Avenue/Hillcrest Road) (d) Consideration for Approval of Resolution No. 15180 - Resolution to Sell at Auction Surplus Public Works Property (Pickup Truck and Compactor) CITY COUNCIL AGENDA June 23, 2020 (e) Consideration for Approval of Resolution No. 15182 — Resolution Adopting Findings of Fact and Reasons for Approval of a Preliminary and Final Plat, Vacation of Easement and Site Plan at 327 and 479 Hwy 7 East (Favorable Planning Commission Recommendation) (f) Consideration for Approval of Resolution No. 15183 — Resolution Adopting Findings of Fact and Reasons for Approval of a Site Plan Located at 1105 Benjamin Avenue SE (Favorable Planning Commission Recommendation) (g) Consideration for Approval of MnDOT Airport Maintenance and Operations Agreement Amendment (h) Consideration for Approval of MnDOT Indemnification Agreement (i) Consideration for Approval of Lease Agreement with Ace Hardware for Use of City Parking Lot (j) Consideration for Approval of Items for TH 7/22 and Montana Street Crossing Improvements (Letting No. 2, Project No. 20-02) 1. Resolution No. 15177 - Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 15178 - Resolution Receiving Report and Calling Hearing on Improvement (k) Consideration for Approval of Agreements with Independent School District 423 i. Grounds Maintenance ii. Use of Facilities iii. Bunch Arena (1) Claims, Appropriations and Contract Payments PUBLIC HEARINGS — 6:00 P.M. 8. CONSIDERATION OF AN 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 (a) Approve/Deny Resolution No. 15175 — Resolution Adopting a Modification to the Development Program for Development District No. 4; and Establishing TIF District No. 4-21 and Adopting a TIF Plan Therefor (b) Approve/Deny Resolution No. 15176 — Resolution Authorizing an Interfund Loan for Advance of Certain Costs in Connection with TIF District No. 4-21 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 2 CITY COUNCIL AGENDA June 23, 2020 NEW BUSINESS 9. APPROVE/DENY FIRST READING OF ORDINANCE NO. 20-816 — AN ORDINANCE AUTHORIZING SALE OF MUNICIPALLY -OWNED LAND TO DROPTINE PROPERTIES, LLC 10. APPROVE/DENY RESOLUTION NO. 15181 — RESOLUTION ADOPTING FINDINGS OF FACT AN REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT AND SITE PLAN REVIEW FOR IMPROVEMENTS TO WEST ELEMENTARY SCHOOL LOCATED AT 875 SCHOOL ROAD SW (SPLIT PLANNING COMMISSION RECOMMENDATION) 11. APPROVE/DENY ISSUING TOBACCO LICENSE TO WASEEM ABUJUDAH OF SMOKES4LESS HUTCH INC. 12. APPROVE/DENY CITY OF HUTCHINSON WATER SUPPLY PLAN 13. APPROVE/DENY SETTING COUNCIL WORKSHOP TO REVIEW 2019 AUDIT REPORT FOR JULY 28, 2020, AT 4:30 P.M. 14. APPROVE/DENY RE -SETTING AUGUST 11, 2020, CITY COUNCIL MEETING DUE TO PRIMARY ELECTION GOVERNANCE (T epurpose o t is portion of the agenda is to deal with or development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 15. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (c) Tall Grass/Noxious Weed Monthly Report for May 2020 �d) Hutchinson Housing & Redevelopment Authority Board Minutes from May 19, 2020 e) Planning Commission Minutes from May 19, 2020 (f) City of Hutchinson Financial Report and Investment Report for May 2020 NHSCELLANEOUS 16. STAFF UPDATES 17. COUNCIL/MAYOR UPDATE ADJOURNMENT HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Accepting Donation from Hutchinson Huskies Baseball Club Department: Administration LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Recognition of Gifts/Donations Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The Hutchinson Huskies Baseball Club is expected to present the City with a $3,000 check to assist the City in the construction of a new outfield baseball fence at VMF. This is the first of 5 planned donations that will total $15,000. The Fence Project was included in the 5-year Capital Improvement Plan and the City has budgeted $30,000 to complete this project. The total estimated project cost is $45,000. BOARD ACTION REQUESTED: Approve/Deny Resolution 15185 - Accepting a Donation Fiscal Impact: $ 3,000.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 45,000.00 Total City Cost: $ 30,000.00 Funding Source: Capital Improvement Fund Remaining Cost: $ 15,000.00 Funding Source: Hutchinson Huskies Baseball Club Resolution No. 15185 RESOLUTION ACCEPTING DONATION WHEREAS, The City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts and bequests for the benefit of recreational service pursuant to Minnesota Statutes Section 471.17; and, WHEREAS, the following organization has offered to contribute the cash amount set forth below to the City of Hutchinson: Name of Donor Hutchinson Huskies Baseball Club Amount $3,000.00 WHEREAS, the donation is being made to assist the City in the construction of a new outfield baseball fence at VMF; and WHEREAS, the donation is the first of a planned 5 donations that will total $15,000; and WHEREAS, the City has budgeted $30,000 within its Capital Improvement Fund to complete this project; and WHEREAS, The City Council hereby finds that it is appropriate to accept the donation offered and assign for use of the construction of a new outfield fence at VMF, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, NHNNESOTA: THAT, the donations described above are hereby accepted by the City of Hutchinson with the conditions as laid out in the resolution. Adopted by the City Council this 23rd day of June 2020. Gary T. Forcier, Mayor Matthew Jaunich, City Administrator HUTCHINSON CITY COUNCIL MEETING MINUTES 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. Mayor Gary Forcier called the meeting to order. Members present were Steve Cook, Chad Czmowski, Mary Christensen and Dave Sebesta. Members were present via electronic means. Others present in the Council Chambers were Matt Jaunich, City Administrator, Marc Sebora, City Attorney and Kent Exner, City Engineer (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Sebesta, second by Christensen, to approve agenda as presented. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 2. INVOCATION — 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 (This is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to e recognized by the mayor— state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Budget Workshop of May 26, 2020 (b) Regular Meeting of May 26, 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 (The items listedjor 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 CITY COUNCIL MINUTES June 9, 2020 (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 Item 7(a) was pulled for separate discussion. Motion by Cook, second by Czmowski, to approve Consent Agenda with the exception of Item 7(a). Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. Item 7(a) had further discussion. Matt Jaunich, City Administrator, explained that some additional changes have been made to the policy which include changing the policy title to "Pandemic Staffing" to more accurately reflect the purpose of the policy and "Change the Statement of Policy" language to more accurately describe the purpose of the policy. Motion by Czmowski, second by Christensen, to approve Item 7(a) with the revisions noted. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 8. CONSIDERATION OF COMMENTS AND INPUT ON THE STORM WATER POLLUTION PREVENTION PLAN FOR THE CITY OF HUTCHINSON John Paulson, Environmental/Regulatory/Project Manager, presented before the Council. Mr. Paulson explained that the City must have a public hearing to consider comments prior to submitting the Storm Water Pollution Prevention Plan 2019 Annual Report in accordance with the requirements of the MPCA permitting requirements. Mr. Paulson reviewed topics such as public education and outreach, illicit discharge detection and elimination, post -construction stormwater management, and pollution prevention/good housekeeping. Mr. Paulson noted that activities for his department include pond cleanout projects, lake/river basin nutrient trading potential, ongoing MS4 activities and seek/evaluate funding sources for basin sediment management options. General discussion was held on pond maintenance. Mr. Paulson reminded residents not to blow grass clippings into the street, as well as keeping car washing chemicals out of the street. 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. purpose of this portion of the agenda 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 2 CITY COUNCIL MINUTES June 9, 2020 9. APPROVE/DENY ORDINANCE NO. 20-814 - AN ORDINANCE AMENDING CHAPTER 112 — LIQUOR REGULATIONS — TO ALLOW HOTELS (SECOND READING AND ADOPTION) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the ordinance before the Council has had no changes since the first reading held at the last meeting. Therefore, Mr. Sebora requested that the ordinance be approved for adoption. Motion by Czmowski, second by Christensen, to approve second reading and adoption of Ordinance 20-814. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. NEW BUSINESS 10. APPROVE/DENY RESOLUTION NO. 15173 — RESOLUTION AUTHORIZING THE SALE OF $2,670,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2020A Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the City annually issues 429 General Obligation Improvement Bonds to finance major infrastructure capital expenditure projects. The first step in the process is for the Council to authorize a Resolution to move forward with providing a bond issuance to finance a portion of the improvement costs. The City's financial advisor, Ehlers, will initiate the process. Ehlers will compile documents, coordinate a bond rating call with city staff and solicit competitive bids on behalf of the City. The 2020 bonding includes financing for the project costs related to TH 15/Main Street reconstruction, City Alley 940 Improvements and Civil Air Patrol utilities. Mr. Reid explained that 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. The VFW will pay their net assessment over a five-year period starting in 2021. Nick Anhut, Ehlers, presented before the Council. Mr. Anhut reviewed the proposed Debt Issuance Schedule provided within the Pre -Sale Report which is included in the Council packet. The bond sale will be awarded to the winning bidder at the July 141' City Council meeting. Mr. Anhut spoke about the bidding environment and expects to see low rates. Mr. Anhut noted that he is not advising on refinancing any debt at this time. Motion by Czmowski, second by Christensen, to approve Resolution No. 15173. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 11. APPROVE/DENY PANDEMIC RESPONSE AND CONTINUITY OF OPERATIONS PLAN Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that as the City has gone through the COVID-19 pandemic, time has been used to look at policies the City had in place, or didn't have in place, and evaluated what was in need of being updated and/or CITY COUNCIL MINUTES June 9, 2020 established. One policy that was updated was the Pandemic Response and Continuity of Operations Plan. The last time the Pandemic Response plan was addressed was in 2007. The City did not have in place a Continuity of Operations Plan and it is included with the Pandemic Response plan. Mr. Jaunich noted that a revised document was handed out this evening with a few revisions to the document. Motion by Christensen, second by Cook, to approve Pandemic Response and Continuity of Operations Plan. Council Member Cook asked if anything specific for the Council needs to be address in this plan. Mr. Jaunich noted that this is more departmental and other documents address Council -related items such as the Council Bylaws. Mr. Jaunich noted it is important to maintain flexibility with the policy to address other types of pandemics. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 12. APPROVE/DENY CITY POLICY 3.34 — TELEWORK POLICY Matt Jaunich, City Administrator, explained that with the current pandemic, a primary message has been that any Minnesotan, including all critical sector workers, who can work from home must do so. City Administration has allowed a number of City employees to work from home which has necessitated the need to adopt a policy to address the specifics of telework. The policy addresses 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 it meets the operational needs of the city. Motion by Czmowski, second by Cook, to approve Policy 3.34 — Telework Policy. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. 13. APPROVE/DENY RESOLUTION NO. 15174 - TEMPORARILY RESTRICTING USE OF CERTAIN PARKS ON JUNE 21, 2020 Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that the Hutchinson Jaycees are currently preparing to host a fireworks display as part of a limited Water Carnival celebration. Both the City of Hutchinson and the Hutchinson Jaycees are encouraging people not to congregate to help stop the spread of COVID-19. In an effort to assist in the potential for large gatherings, it has been suggested to close the parks directly surrounding where the fireworks would be displayed. These parks would include Oddfellows, AFS, West River/Masonic West and Riverside. Campers who have reserved spots would be exempt. The closing would be from 8:00 pm to 12:00 a.m. on June 21, 2020. Along with closing the parks, staff would also be encouraging proper social distancing measures be met, people remain in their vehicles whenever possible and that gatherings are limited to private property. Mayor Forcier and Council Member Sebesta expressed that they do not feel there will be an issue with congestion or social distancing issues. And perhaps people will congregate elsewhere to watch fireworks if the parks are closed. Council Member Sebesta expressed that perhaps the Council would be overstepping its boundaries for restricting use of the parks. Council Member Czmowski noted he will be abstaining from discussion and voting due to his previous relationship with the .19 CITY COUNCIL MINUTES June 9, 2020 Water Carnival committee. Mayor Forcier commented that with the groups of people out shopping, he has realized that most people take precautions and are respectful of distancing from others. Council Member Christensen noted that outdoor gatherings of 250 is now allowed by the governor, however she feels that more than 250 people will gather to watch the fireworks, especially with so little going on. Council Member Christensen encouraged viewers to wear masks and socially distance should the parks be kept open for viewing. Council Member Cook noted that the Jaycee Commodore expressed that he appreciated the City restricting access to parks for viewing the fireworks to be respectful of public health. Motion by Cook, second by Christensen, with Czmowski abstaining, to approve Resolution No. 15174. Roll call vote was taken: Cook — aye; Sebesta — nay; Christensen — nay; Forcier — nay. Motion failed 3 to 1. 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) 14. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Economic Development Authority Board Minutes from April 22, 2020 NHSCELLANEOUS 15. STAFF UPDATES Chief Gifferson — Chief Gifferson noted that the police department is on enhanced enforcement of the hands free law. Council Member Cook asked Chief Gifferson what discussions or protocols are enhanced in light of the issues the Minneapolis Police Department is having. The chief noted that those discussions are always ongoing and being addressed. Kent Exner — Mr. Exner recognized that WWTF staff received a Certificate of Commendation from the MPCA. Mr. Exner spoke about the use of the Shopko parking lot being used as a detour for the Main Street/Hwy 15 reconfiguration. He also provided a general update on the project. Dolf Moon — Mr. Moon provided an update on PRCE activities, as well as the Event Center usage and the Rec Center roofing/facade project. Matt Jaunich — Mr. Jaunich spoke about candidate filings that closed on June 2, 2020. He noted that Seat 3 will be on the primary election ballot due to having five candidates file. Mr. Jaunich also noted that the marketing/branding project is still progressing and a presentation should be made to the Council at one of the July meeting. Mr. Jaunich provided an update on the public library — they are upgrading their library material pick up to on -demand therefore patrons do not need an appointment any longer to pick up materials. The building is not open to the public as of yet, however patrons should call the library with any questions. Mr. Jaunich lastly provided an update on the aquatic center. He noted that the governor has allowed for public pools to be open at 50% capacity, with a maximum of 250. The Hutchinson aquatic center has a capacity of 750 people. 250 people is 33-34% capacity. In addition, there are requirements/guidelines for pool operators to be open and in compliance. One issue is that staff would need to increase by approximately 20%, however capacity would only be at 33%. Social distancing would have to be maintained in the pool, on the pool deck, in the locker rooms, etc. Therefore, operationally, it would be nearly impossible for the aquatic centerto be open and will be closed for the summer. He noted that the DMV is open by appointment only. 5 CITY COUNCIL MINUTES June 9, 2020 16. COUNCIL/MAYOR UPDATE Steve Cook — Council Member Cook noted that it had been suguested to add picnic tables near Little Crow and/or Girl Scout park to look out over the river while users may want to eat lunch. He also asked what it might take to get the fountain in the river back up and running. Mr. Jaunich explained that the old fountain was not able to be repaired and was disabled. Staff is looking at other options to install a new one, but perhaps not until the summer construction season is over. Mr. Jaunich noted that adding picnic tables to some parks will be no issue. Council Member Christensen asked that trash receptacles be added where the picnic tables are added as well. ADJOURNMENT Motion by Czmowski, second by Sebesta, to adjourn at 7:15 p.m. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Christensen — aye; Forcier — aye. Motion carried unanimously. on HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Zellas Company - Amend Liquor License Department: Administration LICENSE SECTION Meeting Date: 6/23/2020 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Sara Pollmann of Zellas Company has submitted a request to amend its liquor license to include consumption of alcoholic beverages outdoors in a designated seating area on the west side of its restaurant. Hutchinson City Code states that "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." Although this modification is not substantial, the consumption of alcoholic beverages will be extended outside of the building and therefore the request is before the Council to amend the liquor license to include the outside area. A schematic is included indicating the designated outside area. Zellas Company began using this outdoor seating area temporarily when Governor Walz allowed for outdoor dining to resume at restaurants. Zellas has indicated that customers have provided favorable feedback on the outdoor dining area, therefore Zellas would like to make it a more permanent option to the dining experience. BOARD ACTION REQUESTED: Approve amending liquor Icense to Zellas Company located at 14 Main Street South in Hutchinson, Minnesota, to extend alcoholic beverage consumption area to outdoor tables as designated. Fiscal Impact: $ 0.00 Funding Source: 0 FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: ALLEY � 0 2 5 ENTRANCE V) 5 O O H Ln w HUTCHINSON CITY COUNCIL ci=y�f AFON Request for Board Action 7AL =-M Agenda Item: Summary Ordinance No. 20-814 -Amending Chapter 112 - Liquor Regulations Department: Legal LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Marc A. Sebora Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As I'm sure you recall, at the last Council meeting the Council approved amending the portion of the City Code dealing with liquor licenses to allow hotels to obtain an on sale intoxicating license, as well as clarifying language about Sunday liquor sales and not displaying alcoholic beverages when sales of liquor are not being made. To fulfill our normal publication requirements would require the entire code section to be published which is 27 pages in length. We have been informed by the Hutchinson Leader that the costs of this publication would be approximately $2000. Minnesota law allows cities to publish summaries of lengthy ordinances. The resolution for your consideration is to authorize the City to publish a summary of our revised liquor ordinance in order to save the City a substantial amount of money. The approximate cost of publishing a summary ordinance would be approximately $100-$200. Staff asks that you approve this request. BOARD ACTION REQUESTED: Approve Resolution No. 15184 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Resolution No. 15184 A Resolution Authorizing Summary Publication of Ordinance No. 20-814 — Revising Hutchinson City Code Section 112 — Liquor Regulations Whereas, on June 9, 2020, the Hutchinson City Council authorized final passage of Ordinance No. 20-814 which revised City Code Section 112 to allow hotels to obtain on sale liquor licenses and also amended portions of Section 112 by clarifying language pertaining to Sunday liquor sales and regulating the display of alcoholic beverages; and, Whereas, the Hutchinson City Charter and Minnesota Statute Section 412.191 requires that all ordinances adopted by the City Council be published; and, Whereas, as adopted, the revised ordinance is 27 pages in length and publication of the entire ordinance would come at a substantial cost to the City; and, Whereas, Minnesota Statute Section 412.191 authorizes cities to publish summaries of lengthy ordinances provided that the fully adopted ordinance is available for public inspection at city offices, Now, Therefore, Be It Resolved by the City Council of the City of Hutchinson, Minnesota that: The city administrator or his designee is hereby authorized to cause to have published a summary of Ordinance No. 20-814 which was adopted by the Hutchinson City Council on June 9, 2020. The city administrator, or his designee, shall insure that a full copy of Ordinance No. 20-814 is available for public inspection at the Hutchinson City Center and that the publication of the summary of Ordinance No. 20-814 is done in conformity with Minnesota Statute Section 412.191. The text of the summary publication shall be as follows: Publication No. 8378 Notice is hereby given that on June 9, 2020, the Hutchinson City Council adopted revisions to City Code section 112 pertaining to liquor regulations. As authorized by Minnesota law, on June 23, 2020, the City Council adopted a resolution authorizing a summary of the changes made to City Code Section 112. They are as follows: Section 112.001 Definitions - was amended to added language to the definition of hotel requiring a hotel to have at least a 20% gross sales of food as part of its alcohol sales and to provide proof of this at the request of the City. The required food and alcohol sales ratio would not include complimentary food and beverages. Section 112.059 Other Unlawful Acts - added a provision prohibiting the display of alcoholic beverages at any time that alcoholic beverages are not available for sale. Section 112.088 Hours and Days of Sale - added a provision clarifying that restaurants, clubs, or hotels may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 8:00 AM on Sundays and 12:00 AM on Mondays and specifying that liquor establishments must obtain a Sunday intoxicating liquor license from the city. The full version of the ordinance as adopted is available for inspection by the public at the Hutchinson City Center. Matthew Jaunich City administrator Adopted by the City Council of this 23rd day of June, 2020. Attest: Matthew Jaunich, City Administrator Gary Forcier, Mayor HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Consideration of approving Traffic Control Resolution Department: PW/Eng LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Kent Exner/John Olson Agenda Item Type: Presenter: Kent Exner/John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Pursuant to a request for the City to review, the City Engineer, Police Chief and Public Works Manager reviewed traffic -related signage in the northeast area of town, specifically in the area of the intersection of Ash St NE and Griffin Ave NE. Based upon the findings, the following is recommended by the City Engineer, Police Chief and Public Works Manager: 1. Replace YIELD signs at the intersection of Ash St NE/Griffin Ave NE (north and southbound traffic on Ash St NE). 2. Replace YIELD sign at the intersection of Ash St NE/Northwoods Ave NE (northbound traffic on Ash St NE). 3. Remove YIELD sign at the intersection of Northwoods Ave NE/Hillcrest Rd NE (eastbound traffic on Northwoods Ave NE). 4. Install STOP sign at the intersection of Northwoods Ave NE/Hillcrest Rd NE (southbound traffic on Hillcrest Rd NE). BOARD ACTION REQUESTED: Approval of Traffic Control Resolution No. 15179 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 15179 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 1. WHERAS, the City of Hutchinson received a request from area property owners, and; 2. WHEREAS, the Police Chief, City Engineer and Public Works Manager agree that the following areas have traffic control concerns which warrant installation and/or removal of traffic control devices, and; 3. WHEREAS, the Hutchinson City Council has the authority to establish locations as points where traffic control devices shall be installed and/or removed, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes the following traffic control devices shall be removed: 1. Ash St NE/Griffin Ave NE —Replace YIELD sign with STOP sign for northbound and southbound traffic on Ash St NE. 2. Ash St NE/Northwoods Ave NE — Replace YIELD sign with STOP sign for northbound traffic on Ash St NE. 3. Hillcrest Rd NE/Northwoods Ave NE — Remove YIELD sign for eastbound traffic on Northwoods Ave SE. 4. Hillcrest Rd NE/Northwoods Ave NE — Install STOP sign for southbound traffic on Hillcrest Rd NE, north of its intersection with Northwoods Ave NE. Adopted by the City Council this 23rd day of June, 2020. Gary Forcier, Mayor ATTEST: Matt Jaunich, City Administrator IN R* 1 wk CnJi w v.3N a8 i w _- _ 3N 1S lnnridAA a d r� 'b 0 0 -�N tS HSb► , Lu i t its i. z.3N IS vm — U_ T. C7 3N tS )4Vo.4 as -- - _ n �i I .. Ln aU U 11A � N 0 o V +� O Ln O 110 `~ N � •ao J N W 0 N cl U _ fB f6 Q N a) N rV 14 N O N V V) N N o LI) o 0 0 � LV LV i 11A ro O -a U (1) � z rl M Ln HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approve disposal of surplus equipment by auction Department: PW/Engineering LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Public Works has two pieces of surplus equipment: WWTF-844-TK5 2005 Dodge Dakota 1/2 ton 4x4 extended cab pickup VIN: 1 D7HW22K15S290844 Lic: 917-194 STRT-483-UTL 1980 Hyster Pneumatic compactor, C530A S/N: A91 C3483D These two pieces of equipment were replaced in 2020. The intent is to offer these unit for sale at the June 27, 2020 Fleet & Government Services auction conducted by Fahey. Fahey will be provided information concerning the equipments' condition. Proceeds from any sale of the vehicle would be deposited into the Vehicle -Equipment Replacement Fund or into the appropriate Enterprise fund. BOARD ACTION REQUESTED: Declare WWTF-844-TK5 and STRT-483-UTL as surplus equipment for sale at auction and approval of Resolution No. 15180. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 15180 RESOLUTION TO SELL AT AUCTION SURPLUSPROPERTY WHEREAS, the Hutchinson Public Works Department has accumulated surplus property; and WHEREAS, the Hutchinson City Code provides pursuant, to Section 91, Subdivision 3, Paragraph C, for the sale at auction of surplus City property; and WHEREAS, the Public Works Department has determined that it is in possession of surplus property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, NHNNESOTA: That the following surplus City property be sold at auction and proceeds from the sale be credited to the appropriate account: 1. WWTF-844-TK5 2005 Dodge Dakota 1/2 ton 4x4 extended cab pickup VIN: 1 D7HW22K15 5290844 2. STRT-483-UTL 1980 Hyster Pneumatic compactor, C530A S/N: A91C3483D Adopted by the City Council this 23rd day of June, 2020. Gary Forcier, Mayor ATTEST: Matt Jaunich, City Administrator HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Consideration of Prelim & Final Plat, Vacation of Easement, Site Plan - HWY 7 E Department: Planning LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The applicant has submitted a site plan review application and preliminary and final plat for the redevelopment of the old HTI Chicken Coop property and the property to the west. The plat has three lots. The chicken coop building and the steel building to the north of it would remain as they are today. The steel building to the north has the potential for an addition to the west side. A new building is proposed to the west of the former chicken coop building. A private street is proposed to provide access to these lots. All of the utilities are proposed to be private as well. The applicant spoke on behalf of the project and answered questions from the Planning Commission. Nobody from the public spoke during the public hearing. Staff presented the staff report. There was a question regarding screening and landscaping for the homes to the south. The applicant noted that they plan on planting 6 to 8 ft. evergreen trees for screening. The Planning Commission asked about the private utilities and if there would be separate services. The consultant for the developer noted that each building/lot will have separate services. The developer and their consultant reiterated they understand all of the utilities, roadways, and ponds will be private for the long-term. Staff noted that a development agreement will need to be signed by the City and Developer that clearly states that the utilities, roadway, and pond will be private utilities. The Planning Commission voted unanimously to approve the preliminary and final plat, vacation of easement and site plan. BOARD ACTION REQUESTED: Approval of preliminary and final plat, vacation of easement and site plan. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15182 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A PRELIMINARY AND FINAL PLAT, VACATION OF EASEMENT AND SITE PLAN AT 327 AND 479 HWY 7 E. FACTS 1. WUHF, LLC are the owners of the lots located at 327 and 479 Hwy 7 E; and, 2. The subject property is legally described as: 327 Hwy 7 E: The East 142 feet of the following described tract, to -wit: Beginning at a point 330 feet East of the Southwest corner of the Northwest Quarter of the Southwest Quarter of Section 32, Township 117, North of Range 29 West; thence East 290.4 feet; thence North 420 feet; thence West 290.4 feet; thence South 420 feet to the place of beginning; also beginning at a point 330 feet East of the Southwest corner of the Northwest Quarter of the Southwest Quarter of Section 32, Township 117 North of Range 29 West; thence East 290.4 feet; thence South 194.5 feet; thence North 89 degrees 45 minutes West 290.4 feet; thence North 192 feet to the place of beginning. Now known as Lot 10 of Auditor's Plat of West Half of Section 32, Township 117 Range 29 West, Hutchinson, MN. 479 Hwy 7 E; Lot 1, Block 1, Coop Subdivision, Hutchinson, MN. 3. WUHF, LLC have applied for a 3 lot preliminary and final plat and vacation of easement, located at 327 and 479 Hwy 7 E, Hutchinson, MN, to be known as 7 East Business Park. 4. The property is located in the I-1 Light Industrial District. 5. The Planning Commission met on June 16, 2020 and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request subject to the following findings and conditions: a. All streets and utilities within plat will be private. b. Any new buildings must be setback at least 75 feet from residential zoning boundary. c. MnDOT must issue an access and drainage permit for the project. d. Any reconstruction of existing infrastructure within City of Hutchinson easement areas shall be the owner's responsibility, including improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. e. Moving or relocating any utility services will be at the property owner's expense. f. There must be emergency service access around the buildings that meets fire code. g. Turning radii within site must be adjusted to better accommodate truck traffic on the site. h. Private cross easements for traffic on -site must be dedicated and recorded. i. Parking requirements need to be met for all future uses on the site. j. Private easements need to be dedicated and recorded for drainage and utilities. Findings of Fact — Resolution # 15182 7 East Business Park (327 and 479 Hwy 7 E) Preliminary and Final Plat, Vacation of Easements and Site Plan Page 2 k. Cross easement rights utilities need to be dedicated and recorded. 1. An easement needs to be established for the utility service going to East Highland Park Dr. m. Underdrains need to be installed in ponds per City Staff comments. n. The emergency overflow for the sough dry pond appears to flow overland across the side yard of 485 Hwy 7 East. A minimum of 1' of freeboard should be maintained above the 100 year event elevation to minimize frequency of overflow discharge across aforementioned parcel. o. Developer is responsible for the cost of retiring all the natural gas facilities that will need to be retired due to their development. p. A City Excavation/Erosion Control Permit will be required in addition to the State NPDES Construction Stormwater Permit. q. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work is not fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice/assess the property owner for all associated costs. r. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. s. Building permits will not be issued until the plat is recorded. t. A developer's agreement shall be recorded at the McLeod County Recorder's Office prior to any building permits being issued. 6. The City Council of the City of Hutchinson reviewed the request at its meeting on June 23, 2020 and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the preliminary and final plat, vacation of easement and site plan of 7 East Business Park subject to the following findings and conditions: a. All streets and utilities within plat will be private. b. Any new buildings must be setback at least 75 feet from residential zoning boundary. c. MnDOT must issue an access and drainage permit for the project. d. Any reconstruction of existing infrastructure within City of Hutchinson easement areas shall be the owner's responsibility, including improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. e. Moving or relocating any utility services will be at the property owner's expense. f. There must be emergency service access around the buildings that meets fire code. g. Turning radii within site must be adjusted to better accommodate truck traffic on the site. h. Private cross easements for traffic on -site must be dedicated and recorded. i. Parking requirements need to be met for all future uses on the site. j. Private easements need to be dedicated and recorded for drainage and utilities. k. Cross easement rights utilities need to be dedicated and recorded. 1. An easement needs to be established for the utility service going to East Highland Park Dr. m. Underdrains need to be installed in ponds per City Staff comments. n. The emergency overflow for the sough dry pond appears to flow overland across the side yard of 485 Hwy 7 East. A minimum of 1' of freeboard should be maintained above the 100 year event elevation to minimize frequency of overflow discharge across aforementioned parcel. o. Developer is responsible for the cost of retiring all the natural gas facilities that will need to be retired due to their development. p. A City Excavation/Erosion Control Permit will be required in addition to the State NPDES Construction Stormwater Permit. Findings of Fact — Resolution # 15182 7 East Business Park (327 and 479 Hwy 7 E) Preliminary and Final Plat, Vacation of Easements and Site Plan Page 3 q. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work is not fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice/assess the property owner for all associated costs. r. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. s. Building permits will not be issued until the plat is recorded. t. A developer's agreement shall be recorded at the McLeod County Recorder's Office prior to any building permits being issued. APPLICABLE LAW 7. The preliminary and final plat, vacation of easements and site plan request meets the following standards as required in Sections 153.35 — 153.39 and 154.174 of the City of Hutchinson Municipal Code. CONCLUSIONS OF THE LAW 8. The requested plat is consistent with the comprehensive plan and applicable ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the preliminary and final plat, vacation of easements and site plan for 7 East Business Park are approved. Adopted by the City Council this 23rd day of June, 2020. ATTEST: Matthew Jaunich Gary T. Forcier City Administrator Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP and City of Hutchinson Planning Staff Date: June 12, 2020 for June 16, 2020, Planning Commission Meeting Application: CONSIDERATION OF SITE PLAN APPLICATION AND PRELIMNARY AND FINAL PLAT AT 327 AND 479 HWY 7 E HUTCHINSON Applicant: WUHF, LLC SITE PLAN REVIEW AND PRELIMINARY AND FINAL PLAT Brief Description The applicant has submitted a site plan review application and preliminary and final plat for the redevelopment of the old HTI Chicken Coop property and the property to the west. The plat has three lots. The chicken coop building and the steel building to the north of it would remain as they are today. The steel building to the north has the potential for an addition to the west side. A new building is proposed to the west of the former chicken coop building. A private street is proposed to provide access to these lots. All of the utilities are proposed to be private as well. * Indicates property described in this notice .�- s y _ - r r l - 479 . t r I f' Site Plan Review and Plats HWY7E Planning Commission — 6-16-20 Page 2 GENERAL INFORMATION Existing Zoning: I-1 Light Industrial Property Location: 327 and 479 Hwy 7 E. Lot Sizes: Lot 1: 1.49 acres; Lot 2: 1.45 Acres; Lot 3: 2.07 acres Existing Land Use: Storage/warehouse buildings Adjacent Land Use: Industrial to North and West. Residential to South and East. Adjacent Zoning: R-2 Medium Density Residential to South and East. I-1 Light Industrial District to North and West. Comprehensive Plan: Mixed Use Zoning History: Property had been leased by HTI for many years. Most recently was used as HTI Fab Shop and for boat/RV storage. Applicable Regulations: City Code of Ordinances Sections 153.035 — 153.051 and 154.174 Transportation: The property is proposed to be accessed off the Highway 7 on the West side of the property. The access off the service road will be closed. Analysis: See the following for analysis on the site plan review and preliminary and final plats. Site Plan: The City Council deems it is necessary and appropriate to require site plan approval of developments in certain zoning districts to preserve and promote attractive, well -planned, stable urban conditions. The following is an overview of site plan considerations. Please note this is a redevelopment project and redevelopment projects are more challenging to accomplish due to many factors. Building: There are several buildings on the site. Several will be removed or demolished to complete this redevelopment project. Please see the removal plan for the buildings that are proposed to be removed. There are three other buildings that will be left in place 1) former chicken coop (HTI Fab Shop) 2) Large steel building to the North 3) Cold storage building on NE corner of property. Additionally, an addition may be added to the west side of the large steel building. A new building is proposed west of the former chicken coop. All of the existing buildings, as well as future buildings are proposed to be industrial buildings and will be made of steel and/or concrete. These types of buildings are allowed in the I-1 zoning district. Setbacks: All setbacks appear to be met. It should be noted that any new buildings constructed on this site will need to be at least 75 feet from a residential zoning boundary. Site Plan Review and Plats HWY7E Planning Commission — 6-16-20 Page 3 Access/Circulation/Parkin g Access to the site is proposed from Hwy 7 on the west side of the development. This will be a private street. The applicant has been working with MnDOT to obtain an access permit. MnDOT has reviewed preliminary plans and the developer will have to submit final plans to obtain an access permit. MnDOT would like to keep the width and radii small as possible. A drainage permit will also be required. Site circulation on the private street is less than ideal. Staff would like to see some of the turning radii adjusted to better accommodate truck movements on site. This should be completed prior to building permit submissions. Staff realizes this is a redevelopment project and it is difficult to make everything perfect, however some tweaks are needed to make traffic flow better. Private cross easements will be required to ensure traffic can flow between the various lots. Conceptual parking is shown on the site plan; however, we do not have a detailed description of what uses will be locating in each building. The parking indicated on the plan appears to be acceptable for general industrial development; however, when building permits are applied for staff will be reviewing parking to make sure there is enough. If there is not enough parking available on site for future, uses more will have to be added or the use will have to be modified to fit the available parking. Landscapin and nd Lighting Site landscaping and lighting will have to meet the minimum standards found in the zoning ordinance. There are already many trees on the east side of the development. More screening should be added to the south side of the development between the existing homes and the development. Per the Zoning Ordinance, lighting installed must be indirect and shall not produce glare on adjacent properties or public right of ways. Utilities None of the proposed utility installations would be City infrastructure. Everything will need to be private utilities because each lot does not front on a public street. There will be no need to dedicate drainage and utility easements to the City because all infrastructure will be private, however private easements for drainage and utility shall be established. Additionally, since the utility services are proposed to be shared, private cross easements for utilities shall be established. Staff would like to note that it does not appear there are any easements for the utilities going east to East Highland Park Drive and an easement will need to be established for the utilities that are in this area. The utilities going to East Highland Park Drive are considered a "service" and not a main and are the responsibility of the property owner. Stormwater Management/Erosion Control: City Staff has review the stormwater management plan and has several comments. An underdrain shall be included in each dry pond in case native soils do not infiltrate as anticipated. The underdrains should be able to be closed to promote infiltration. If the infiltration rates are not achieved per the stormwater report then evaluation of the cause and mitigation methods will be required. The emergency overflow for the south dry pond appears to flow overland across the side yard of 485 Hwy 7 East. A minimum of F of freeboard should be maintained above the 100-year event elevation to minimize frequency of overflow discharge across aforementioned parcel. A City Excavation/Erosion Control Permit will be required in addition to a State NPDES Construction Stormwater Permit. PLATS The plats as presented meet the minimum size requirements of the I-1 Zoning District for lot area. These plats are somewhat unique in that they have a private street for primary circulation throughout the development. Because of this, all of the lots do not front on a public street. This is not unique for developments with private streets. A similar development with internal private streets and utilities is the Century Court West project currently under construction in Site Plan Review and Plats HWY7E Planning Commission — 6-16-20 Page 4 Hutchinson. The only reasonable way to accommodate this project is to have the development served by a private street and utilities. Final Plat Review Criteria After the submittal of the final plat, the Planning Commission shall recommend approval or disapproval of the plat. Failure of the Planning Commission to act upon the final plat shall be deemed a recommendation of approval of the plat. If plat disapproval is recommended, the grounds for disapproval shall be stated in the records of the Planning Commission. A plat shall not be recommended for approval unless it: (a) Conforms to the preliminary plat; (b) Conforms to the design standards set forth in this chapter; (c) Conforms to the adopted Comprehensive Plan; and (d) Is in accordance with all requirements and laws of this state. Recommendation: Staff recommends approval of the site plan application and preliminary and final plats subject to the following conditions. 1. All streets and utilities within plat will be private. 2. Any new buildings must be setback at least 75 feet from residential zoning boundary. 3. MnDOT must issue an access and drainage permit for the project. 4. Any reconstruction of existing infrastructure within City of Hutchinson easement areas shall be the owner's responsibility, including improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. 5. Moving or relocating any utility services will be at the property owner's expense. 6. There must be emergency service access around the buildings that meets fire code. 7. Turning radii within site must be adjusted to better accommodate truck traffic on the site. 8. Private cross easements for traffic on -site must be dedicated and recorded. 9. Parking requirements need to be met for all future uses on the site. 10. Private easements need to be dedicated and recorded for drainage and utilities. 11. Cross easements rights utilities need to be dedicated and recorded. 12. An easement needs to be established for the utility service going to East Highland Park Dr. 13. Underdrains need to be installed in ponds per City Staff comments. 14. The emergency overflow for the south dry pond appears to flow overland across the side yard of 485 Hwy 7 East. A minimum of F of freeboard should be maintained above the 100 year event elevation to minimize frequency of overflow discharge across aforementioned parcel. 15. Developer is responsible for the cost of retiring all of the natural gas facilities that will need to be retired due to their development. 16. A City Excavation/Erosion Control Permit will be required in addition to a State NPDES Construction Stormwater Permit. 17. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work is not fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice/assess the property owner for all associated costs. 18. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. 19. Building permits will not be issued until the plat is recorded. 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Department: PLANNING LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The applicant is proposing building a new steel building that will be used for manufacturing. The building is proposed to be approximately 35,000 square feet. Please see attached Staff Report for more information. The Planning Commission considered this item at its June 16, 2020. Systems West was present at the meeting to represent the developer and answer questions. The site plan is very straightforward. Staff has a concern regarding sheet flow coming off the site on the north side of the property. Staff would like to see a curb and gutter installed to correct this issue. The Planning Commission voted unanimously to approve the site plan with staff recommendations. BOARD ACTION REQUESTED: Approval of site plan application. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15183 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A SITE PLAN LOCATED AT 1105 BENJAMIN AVE SE, HUTCHINSON, MN. FACTS 1. City of Hutchinson - EDA is the owner of the lot at 1105 Benjamin Ave SE; and, 2. The subject property is legally described as: Lot 1, Block 2, Energy Park North Second Addition 3. Systems West has applied for site plan approval for construction of a manufacturing facility located at 1105 Benjamin Ave SE, Hutchinson MN. 4. The City of Hutchinson requires site plan approval to preserve and promote attractive, well -planned, stable urban conditions. 5. The Planning Commission met on June 16, 2020 and considered the request and recommended approval of the site plan with the following conditions: a. The proposed building and site improvements shall comply with the standards of the I-1 district and the Zoning Ordinance, as well as all other City regulations. b. A grading plan shall be revised to address the Staff comments related to sheet flow and roof runoff. C. Applicant shall ensure fire apparatus and turnaround are acceptable to the Fire Chief. d. Final landscape plans shall identify the size and species of the plantings and shall be approved by the City Arborist. e. SAC/WAC charges will be due at the time building permits are issued. f. Exterior doors should be labeled clearly with large letter or numbers for emergency purposes. g. Approval of a SWMPP and erosion control permits are required prior to construction on site. h. Applicable permits are required to any construction starting on the site. 6. The City Council of the City of Hutchinson reviewed the site plan approval at its meeting on June 23, 2020 and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the site plan with the following conditions. a. The proposed building and site improvements shall comply with the standards of the I-1 district and the Zoning Ordinance, as well as all other City regulations. b. A grading plan shall be revised to address the Staff comments related to sheet flow and roof runoff. C. Applicant shall ensure fire apparatus and turnaround are acceptable to the Fire Chief. d. Final landscape plans shall identify the size and species of the plantings and shall be approved by the City Arborist. e. SAC/WAC charges will be due at the time building permits are issued. f. Exterior doors should be labeled clearly with large letter or numbers for emergency purposes. Findings of Fact — Resolution # 15183 1105 Benjamin Ave SE Site Plan Page 2 g. Approval of a SWMPP and erosion control permits are required prior to construction on site. h. Applicable permits are required to any construction starting on the site. APPLICABLE LAW 7. The site plan review request meets the following standards as required in Section 154.174 of the City of Hutchinson Municipal Code: CONCLUSIONS OF THE LAW 8. The proposed site plan preserves and promotes attractive, well -planned, stable urban conditions. 9. The requested site plan is consistent with the comprehensive plan. 10. The proposed use is not designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a site plan approval to allow construction of a manufacturing facility located at 1105 Benjamin Ave SE, Hutchinson, MN is approved. Adopted by the City Council this 23rd day of June, 2020. ATTEST: Matthew Jaunich Gary T. Forcier City Administrator Mayor STAFF REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP Date: June 11, 2020, for June 16, 2020, Planning Commission Meeting Application: Site Plan for construction of Manufacturing Facility, 1105 Benjamin Ave. Hutchinson Applicant: Systems West SITE PLAN The applicant is proposing building a new steel building that will be used for manufacturing. The building is proposed to be approximately 35,000 square feet. City of Hutchinson SHILLTOP DR NE: �_n%- —�. — — 10.0' 392.2' I 'I 343.2' I c I N 6ENJAMIN AVE SE ,., 60? 91 2.3362' 145.3' . 44� Fi 467.2' INDUSTRIAL BLVD SE Y I I I .. 5110i2020.243:51 PM 1:4.514 0 0.0375 0075 0.15 m Owner Labels C Urban Boundary - - Lot Lines E] Lakes 1. 0 095 0.1 03 km Owner Labels wiPID — Airport Parks Street Names camm, uses a —r. INC9EU£M v uxr Eatl.Fpan LEP_Esa Chfia[ikngNm�.Esnrtmm.Esn [i1a1�0], w City Limits — Lot Easements Parcels ••• Private Roads E515 }Ef�GaRA11. INC�MENr P. NCA.IAGS f11¢00 D]fIA/ Planning Commission — June 16, 2020 Site Plan Review 1105 Benjamin Ave. SE Page 2 GENERAL INFORMATION Existing Zoning: I-1 (Light Industrial Park) Property Location: Energy Park North Second Addition Lot Size: 7.50 acres Existing Land Use: Vacant Adjacent Land Use: Light Industrial and Agricultural Adjacent Zoning: I-1 (Light Industrial Park) Comprehensive Land Use Plan: Industrial Zoning History: R-1 when annexed per City Ordinance. Rezoned to I-1 in 2010. Applicable Regulations: Section 154.174 Building: The proposed building would be a 35,000 square foot steel structure. The building will be a manufacturing facility. The building will also have a small office and a shipping and receiving area with a loading dock. The proposed design is typical of what is found in an industrial park and should be compatible with future uses. Access, Circulation and Parking: Access to the site will be off of Industrial Boulevard and Benjamin Avenue SE. Employee parking is located north of the Benjamin Avenue access point. There is proposed to be 43 parking spaces, which is 13 more than is required by code. The parking lot will be bituminous material. There is adequate access to the building from a fire protection standpoint. The Fire Apparatus Access Road and Turnaround do not appear to extend to within 150 feet of all portions of the exterior walls of the first story of the building and provide a turnaround for dead ends longer than 150' on the fire apparatus access road as required by the MN State Fire Code. There is a provision allowing this distance to be increased with the provision of an automatic fire sprinkler system, as is proposed, and approval of the fire code official. The designer will need to consult with Chief Schumann to determine an acceptable proposal. Setbacks: The proposed building setbacks and requirements for the I-1 (Light Industrial Park) district are identified below. The plans would meet the building setbacks as follows: Required Structure Setback Structure Setback Street Right of Way 30 feet Meets or exceeds Interior Lot Line 20 feet Meets or exceeds Planning Commission — June 16, 2020 Site Plan Review 1105 Benjamin Ave. SE Page 3 Residential zoning 75 feet n/a boundary Landscapin and nd Lighting; The landscaping plan will be reviewed with the building permit. Lighting will have to be down cast and not shine on adjacent properties. Stormwater Management/Erosion Control: The east entrance has a single catch basin that receives a significant amount of water via sheet flow and roof runoff. This can create a number of problems because of its proximity to the entrance. Winter runoff directed to a drive aisle at an entrance can cause icing issues. The grades adjacent to the catch basin may also allow water to bypass the structure during larger storms directly onto the City street. As I noted, there is going to be a lot of water running to that single point. The addition of curb and gutter would help to more effectively collect and convey storm water to a catch basin located in the gutter line on the edge of the entrance point. The addition of curb and gutter and a catch basin to the east of the building where the surface runoff is being directed would be beneficial to balancing the amount of water that will ultimately be routed to the pond to the north. This is in consideration of the future proposed pavement and building addition (dashed outline on page C3 of 6) that appears to route all future runoff to the north. The City requires that a Stormwater Management Agreement be executed and recorded by the owner prior to commencing construction. This is required to be recorded for each parcel that a structural stormwater BMP is installed on. A City Excavation/Erosion Control Permit will be required in addition to a State NPDES Construction Stormwater Permit. Recommendation: Staff recommends approval of the site plan review with the following findings and conditions: 1. The proposed building and site improvements shall comply with the standards of the I-1 district and the Zoning Ordinance. 2. A grading plan shall be revised to address the Staff comments related to sheet flow and roof runoff. 3. Applicant shall ensure fire apparatus and turnaround are acceptable to the Fire Chief. 4. Final landscape plans shall identify the size and species of the plantings and shall be approved by the City Arborist. 5. SAC and WAC fees will be calculated and due at the time of building permit. 6. Exterior doors should be labeled clearly with large letters or numbers for emergency purposes. 7. Approval of a SWMPP and erosion control permits are required prior to construction on site. 8. Applicable permits are required prior to any construction starting on the site. ��eooNa= o����soa,oa s 6 WNosN������ ud a ��� z NOis30 31is WA11113VI MIN JNRi33NIJN3 Z1lf1HOS U ��powoaioo�'P�o AdaoN u w'Z,a,'Rga,av9, sNoisnaa J.VM lild — I }22J}S gjjDqODH 7-1 - — - i O 3' < o I �-3 e= I`I i ors —ors ecieo .oN as n owUiVso:a,oa �i�fiwai�ux °' p�ua,u�u. �Ey NW'NOMHJIHH t�v 0e ):z — �R u NJIS30 3ilS W `Y'JNRi33NIJN3 zilfH�S A11113VI MIN U SN—Ald J.VM 311?Jo — b,Pa��Po,�s,00a � � s g 3 5 ?= ze Z _ Q G � d Z a - `sF oat - U' :k �M }22J}S,M q}JDq:jJDH I � lea I I I� �o IIIII 51 e3 i rWotl II II � II , > � ems) I I I�� 9 a r L 3d���s �o�,e ��a�d� �bu�osa� a 0�) Z NOIS30 31lS W SNI�133NION3 zi-inHos A11113VI MIN LO )lVm lild u —1 —d . -,. m " 1� w o� o , ���aoe�m�e 0 w o �a o� sr o ���o �m iu-�w �ze ��a o� w - _ OE 0 I 0 K� o 300 ecieo .oN as n owUiVso:a�oa �i�fiwai�ux °' � p�ua,u�u. �Ey NW'NOSNIHJ1f1H t�v 0e ): 3d'AI 4�� Fuoue sggp-6�(py¢):Zya anuany ap, �anla�inos e � � Z � NOis30 3zi A11113VI MIN 0 JNRi33NIJN3 Z1lf1H�S ��powoaioo�'P�o ° ad�id y w AdaoN - "R U sNoisnaa I.VM 311?J - s - - O Y: r 4 �tlo °s `sg= 5- _ rs mm3 P e e .H ss }22J}S gtjDg7 ODH i O I ID o o o II o II� w HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approve MnDOT Airport Maintenance & Operations Agreement amendment Department: PW/Engineering LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The CARES act, passed shortly after shutdowns began related to COVID-19, included financial support to the nation's airports. Hutchinson Airport qualifies for $30,000 of funding under the CARES act to offset lower revenues and operation and maintenance expenses. To properly account for the funding and to simplify the process for Minnesota airports, MnDOT Aeronautics put together an amended Airport Maintenance & Operations Agreement. Authorized uses of CARES funds are similar to those under the existing MnDOT Maintenance & Operations reimbursement program. I recommend approving the amended agreement and naming Gary Forcier, Mayor and Matt Jaunich, City Administrator as signatories to execute the amended agreement. The process to obtain the funding is: 1) Make application. This step was able to be done by John Olson, Airport Manager. 2) Federal agreement. This step was able to be done by Marc Sebora, City Attorney and John Olson, Airport Manager. 3) Amended MnDOT Aeronautics Maintenance & Operations agreement. This step requires to designate a signatory for the agreement amendment. In the past, Gary Forcier, Mayor and Matt Jaunich, City Administrator have been designated as signatories for the Airport Maintenance & Operation Agreement. BOARD ACTION REQUESTED: Approve MnDOT Aeronautics Amended Airport Maintenance & Operations agreement and name Gary Forcier, Mayor and Matt Jaunich, City Administrator as signatories to the amended agreement. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: -$ 30,000.00 Total City Cost: -$ 30,000.00 Funding Source: Airport Revenues Remaining Cost: $ 0.00 Funding Source: DEPARTMENT OF TRANSPORTATION MnDOT Contract #: 1033500 AMENDMENT # 01 TO STATE OF MINNESOTA AIRPORT MAINTENANCE AND OPERATION GRANT CONTRACT #1033500 Contract Start Date: 07/01/2019 Orig. Contract Exp. Date: 06/30/2021 Amended Exp. Date: 06/30/2021 Original Contract Amount: $54,890 Prev. Amendment(s) Total: $0.00 Current Amendment Amount: $30,000 Current Contract Total: $84,890 Project Identification: Airport Maintenance and Operations Activities. This amendment is by and between the State of Minnesota, through its Commissioner of Transportation ("State") and City of Hutchinson acting through its City Council ("Recipient"). Recitals The State has a contract with the Recipient identified as MnDOT Contract No. 1033500 ("Original Contract") to provide reimbursement for eligible airport maintenance and operations activities. 2. The Original Contract is being amended to include additional Federal CARES Act funding. 3. The State and the Recipient are willing to amend the Original Contract as stated below. Contract Amendment In this Amendment deleted contract terms will bed and the added contract terms will be underlined. REVISION 1. Article 5.1. Consideration is deleted in its entirety and replaced with the following: 5.1. Consideration. State will pay for all eligible telecommunication, maintenance, and operation costs incurred by Recipient under this Contract as follows: 5.1.1. State Funds Reimbursement Basis. Recipient will be reimbursed for 100% of telecommunication costs associated with the operation of state-owned navigational aids. Recipient will be paid for 75% of all other state -eligible maintenance and operation costs not reimbursed by any other source. Eligible maintenance and operations costs will be determined at the sole discretion of State's Authorized Representative. 5.1.2. Federal Funds Reimbursement Basis. Recipient will be reimbursed for 100% of federally -eligible operating expenses not reimbursed by any other source. Eligible operating expenses will be determined at the discretion of State's Authorized Representative, in cooperation with the Federal Aviation Administration's local Airport District Office. Eligible expenses will be determined in accordance with the Federal Aviation Administration's Policy and Procedures Concerning the Use of Airport Revenues, 64 Federal Register 7696 (64 FR 7696), as amended by 78 Federal Register 55330 (78 FR 55330), which is incorporated into this agreement by reference, and the CARES Act. 5.1.3. Priority of Reimbursement. Costs that are eligible for both federal and state reimbursement will be reimbursed with federal funds, if available. If the federal funds available under section 5.1.6 of this agreement have been exhausted, these costs will then be reimbursed with state funds, if available. 5.1.4. Telecommunication Amount. State has currently obligated $0.00 in each State fiscal year to reimburse eligible telecommunication costs at 100%. 5.1.5. State Maintenance and Operation Amount. State has currently obligated $27,445 of state funding in each State fiscal year to reimburse other eligible costs at 75%. Amendment Form Updated 004/13/2020 MnDOT Contract #: 1033500 5.1.6. Federal Operation Expenses Amount. Recipient has been awarded $30,000 in Federal CARES Act funding to reimburse federally -eligible costs at 100%. 5.1.7. Total Obligation. The total obligation of State for all compensation and reimbursements to Recipient under this contract will not exceed $54,890 (State fiscal years 2020 and 2021). REVISION 2. Article 5.2.4. Grant Monitoring Visit and Financial Reconciliation, is amended as follows: Grant Monitoring Visit and Financial Reconciliation. If State's total obligation is greater than $50,000 in section 5.1.5 54..4 above, during the period of performance the State will make at least one monitoring visit and conduct annual financial reconciliations of Recipient's expenditures. The State's Authorized Representative will notify Recipient's Authorized Representative where and when any monitoring visit and financial reconciliation will take place, which State employees and/or contractors will participate, and which Recipient staff members should be present. Recipient will be provided notice prior to any monitoring visit or financial reconciliation. Following a monitoring visit or financial reconciliation, Recipient will take timely and appropriate action on all deficiencies identified by State. At least one monitoring visit and one financial reconciliation must be completed prior to final payment being made to Recipient. The terms of the Original Contract are expressly reaffirmed and are incorporated by reference. Except as amended herein, the terms and conditions of the Original Contract and all previous amendments remain in full force and effect. [THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK] MnDOT Contract #: 1033500 RECIPIENT The RECIPIENT certifies that the appropriate person(s) have executed the contract on behalf of the RECIPIENT as required by applicable articles, bylaws, or resolutions. 0 Gary Forcier Title: Mayor Date: 06/23/2020 MnDOT OFFICE OF FINANCIAL MANAGEMENT — GRANT UNIT LN Date: MnDOT CONTRACT MANAGEMENT am By: Date: Matthew Jaunich Title: City Administrator Date: 06/23/2020 STATE ENCUMBRANCE VERIFICATION The individual certifies funds have been encumbered as required by Minn. Stat. 16A.15 and 16C.05 By: Date SWIFT Contract # SWIFT Purchase Order # COMMISSIONER OF TRANSPORTATION Title: Date: 3 3-27-0042-018-2020 U.S. Department - FAA AGL-600 'Airports Division of Transportation Great Lakes Region 6020 28th Avenue South - - ----- aw Federal Aviation Room 102 Minnesota, North Dakota, South Dakota Administration -- - - - __ _ _ - _ ,- ___ _ _ _ _ _ Minneapolis, MN 55450 CARES Act Grant Transmittal Letter May 19, 2020 Mr. John Olson 1400 Adams St SW ;Hutchinson, MN 55350 Dear Mr. Olson: Please find the following electronic CARES Act Grant Offer, Grant No. 3-27-0042-018-2020 for Hutchinson Municipal-Butler_Field This letter outlines expectations for success. Please read and follow the instructions carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor's authorized representative. b. The sponsor's authorized representative must execute the grant, followed by the attorney's certification, no later than September 30, 2020 in order for the grant to be valid. c. You may not make any modification to the text, terms or conditions of the grant offer. d. The grant offer must be electronically signed by the sponsor's legal signatory authority and then the grant offer will be routed via email to the sponsor's attorney. Once the attorney has electronically attested to the grant, an email with the executed grant will be sent to all parties. Subject to the requirements in 2 CFR § 200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you drawdown and expend these funds within four years. An airport sponsor may use these funds for any purpose for which airport revenues may be lawfully used. CARES grant recipients should follow the FAA's Policy and Procedures Concerning the Use of Airport Revenues ("Revenue Use Policy"), 64 Federal Register 7696 (64 FR 7696), as amended by 78 Federal Register 55330 (78 FR 55330). The Revenue Use Policy defines permitted uses of airport revenue. In addition to the detailed guidance in the Revenue Use Policy, the CARES Act states the funds may not be used for any purpose not related to the airport. With each payment request you are required to upload directly to Delphi: • An invoice summary, even if you only paid a single invoice, and • The documentation in support of each invoice covered in the payment request. For the final payment request, in addition to the requirement listed above for all payment requests, you are required to upload directly to Delphi: A final financial report summarizing all of the costs incurred and reimbursed, and • An SF-425, and • A narrative report. CARES Act Grant Transmittal Letter May 19, 2020 Mr. John Olson 1400 Adams St SW ;Hutchinson, MN 55350 Dear Mr. Olson: Please find the following electronic CARES Act Grant Offer, Grant No. 3-27-0042-018-2020 for Hutchinson Municipal-Butler_Field This letter outlines expectations for success. Please read and follow the instructions carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor's authorized representative. b. The sponsor's authorized representative must execute the grant, followed by the attorney's certification, no later than September 30, 2020 in order for the grant to be valid. c. You may not make any modification to the text, terms or conditions of the grant offer. d. The grant offer must be electronically signed by the sponsor's legal signatory authority and then the grant offer will be routed via email to the sponsor's attorney. Once the attorney has electronically attested to the grant, an email with the executed grant will be sent to all parties. Subject to the requirements in 2 CFR § 200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you drawdown and expend these funds within four years. An airport sponsor may use these funds for any purpose for which airport revenues may be lawfully used. CARES grant recipients should follow the FAA's Policy and Procedures Concerning the Use of Airport Revenues ("Revenue Use Policy"), 64 Federal Register 7696 (64 FR 7696), as amended by 78 Federal Register 55330 (78 FR 55330). The Revenue Use Policy defines permitted uses of airport revenue. In addition to the detailed guidance in the Revenue Use Policy, the CARES Act states the funds may not be used for any purpose not related to the airport. With each payment request you are required to upload directly to Delphi: • An invoice summary, even if you only paid a single invoice, and • The documentation in support of each invoice covered in the payment request. For the final payment request, in addition to the requirement listed above for all payment requests, you are required to upload directly to Delphi: A final financial report summarizing all of the costs incurred and reimbursed, and • An SF-425, and • A narrative report. 3-27-0042-018-2020 The narrative report will summarize the expenses covered by the CARES Act funds and state that all expenses were in accordance with the FAA's Policy and Procedures Concerning the Use of Airport Revenues and incurred after January 20, 2020. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Once you have drawn down all funds and uploaded the required documents to Delphi, notify us by email that the grant is administratively and financially closed. We are readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts. Sincerely, f,Gi�P�►�-- E. Lindsay Butler peputy Manager �v 3-27-0042-018-2020 U.S. Department of Transportation Federal Aviation Administration CARES ACT AIRPORT GRANTS AGREEMENT Part I - Offer Federal Award Offer Date May 19, 2020 Airport/Planning Area Hutchinson Municipal -Butler Field CARES Grant Number 3-27-0042-018-2020 Unique Entity Identifier 068169515 TO: City of Hutchinson (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Coronavirus Aid, Relief, and Economic Security Act (CARES Act or "the Act") Airports Grants Application (herein called the "Grant") dated April 23, 2020, for a grant of Federal funds at or associated with the Hutchinson Municipal -Butler Field Airport, which is included as part of this Grant Agreement; and WHEREAS, the Sponsor has accepted the terms of FAA's Grant offer; WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, the FAA has approved the Grant Application for the. Hutchinson Municipal -Butler Field Airport, (herein called the "Grant") consisting of the following: This Grant is provided in accordance with the CARES Act, as described below, to provide eligible Sponsors with funding to help offset a decline in revenues arising from diminished airport operations and activities as a result of the COVID-19 Public Health Emergency. CARES Act Airport Grants amounts to specific airports are derived by legislative formula. The purpose of this Grant is to maintain safe and efficient airport operations. Funds provided under this Grant Agreement must only be used for purposes directly related to the airport. Such purposes can include the reimbursement of an airport's operational and maintenance expenses or debt service payments. CARES Act Airport Grants may be used to reimburse airport operational and maintenance expenses directly related to Hutchinson Municipal -Butler Field Airport incurred no earlier than January 20, 2020. CARES Act Airport Grants also may be used to reimburse a Sponsor's payment of debt service where such payments occur on or after April 14, 2020. Funds provided under the Grant will be governed 3 3-27-0042-018-2020 by the same principles that govern "airport revenue." New airport development projects may not be funded with this Grant unless and until the Grant Agreement is amended or superseded by a subsequent agreement that addresses and authorizes the use of funds for the airport development project. NOW THEREFORE, in accordance with the applicable provisions of the CARES Act, Public Law 116-136, the representations contained in the Grant Application, and in consideration of, (a) the Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Grant and in compliance with the conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costs incurred as a result of and in accordance with this Grant Agreement. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $�30.000. 2. Period of Performance. The period of performance shall commence on the date the Sponsor formally accepts this agreement. The end date of the period of performance is 4 years (1,460 calendar days) from the date of acceptance. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR § 200.309). Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR § 200.343). The period of performance end date shall not affect, relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the FAA has determined to be unallowable under the CARES Act. 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the Grant Application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages only. 5. Final Federal Share of Costs. The United States' share of allowable Grant costs will be 100%. 6. Completing the Grant without Delay and in Conformance with Reguirements. The Sponsor must carry out and complete the Grant without undue delays and in accordance with this Grant Agreement, the CARES Act, and the regulations, policies, standards and procedures of the Secretary of Transportation ("Secretary"). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds three months and request prior approval from FAA. The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this agreement and any addendum that may be attached hereto at a later date by mutual consent. 4 3-27-0042-018-2020 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs unless this offer has been accepted by the Sponsor on or before §_eptember 30; k20, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner, including uses that violate this Grant Agreement, the CARES Act or other provision of applicable law. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement(s). The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Iniurv. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or relate to this Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from, directly or indirectly, this Grant Agreement. 11. System for Award Management SAM Registration And Universal Identifier. Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any expense for which funds are provided under this Grant. The Sponsor will include a provision implementing applicable Buy American statutory and regulatory requirements in all contracts related to this Grant Agreement. 15. Audits for Private Sponsors. When the period of performance has ended, the Sponsor must provide a copy of an audit of this Grant prepared in accordance with accepted standard audit practices, such audit to be submitted to the applicable Airports District Office. 16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program -specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at 3-27-0042-018-2020 http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. 17. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting the entity is not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm is not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions (e.g. sub -contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns the Sponsor has entered into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity. 18. Ban on Textina While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to this Grant or subgrant. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 19. Trafficking in Persons. A. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not — 1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; 2. Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced labor in the performance of the award or subawards under the award. 3-27-0042-018-2020 B. The FAA as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — 1. Is determined to have violated a prohibition in paragraph A of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either — a. Associated with performance under this award; or b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200. 3. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A during this award term. 4. Our right to terminate unilaterally that is described in paragraph A of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and b. Is in addition to all other remedies for noncompliance that are available to the FAA under this award. 20. Employee Protection from Reprisal. A. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: a. Gross mismanagement of a Federal grant; b. Gross waste of Federal funds; c. An abuse of authority relating to implementation or use of Federal funds; d. A substantial and specific danger to public health or safety; or e. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: a. A member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Federal office or employee responsible for oversight of a grant program; e. A court or grand jury; f. A management office of the grantee or subgrantee; or g. A Federal or State regulatory enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 3-27-0042-018-2020 4. Time Limitation for Submittal of a Complaint —A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General —Actions, limitations, and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c). 21. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the FAA prior to the date of this Grant Agreement. 3-27-0042-018-2020 SPECIAL CONDITIONS 1. ARFF and SRE Equipment and Vehicles. The Sponsor agrees that it will: A. House and maintain the equipment in a state of operational readiness on and for the airport; B. Provide the necessary staffing and training to maintain and operate the vehicle and equipment; C. Restrict the vehicle to on -airport use only; D. Restrict the vehicle to the use for which it was intended; and E. Amend the Airport Emergency Plan and/or Snow and Ice Control Plan to reflect the acquisition of a vehicle and equipment. 2. Equipment or Vehicle Replacement. The Sponsor agrees that it will treat the proceeds from the trade-in or sale of equipment being replaced with these funds as airport revenue. 3. Off -Airport Storage of ARFF Vehicle. The Sponsor agrees that it will: A. House and maintain the vehicle in a state of operational readiness for the airport; B. Provide the necessary staffing and training to maintain and operate the vehicle; C. Restrict the vehicle to airport use only; D. Amend the Airport Emergency Plan to reflect the acquisition of the vehicle; E. Within 60 days, execute an agreement with local government including the above provisions and a provision that violation of said agreement could require repayment of Grant funding; and F. Submit a copy of the executed agreement to the FAA. 4. Equipment Acquisition. The Sponsor agrees that it will maintain Sponsor -owned and -operated equipment and use for purposes directly related to the airport. 5. Utilities Proration. For purposes of computing the United States' share of the allowable airport operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor to operate and maintain airport(s) included in the Grant must not exceed the percent attributable to the capital or operating costs of the airport. 6. Utility Relocation in Grant. The Sponsor understands and agrees that: A. The United States will not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs; B. FAA participation is limited to those utilities located on -airport or off -airport only where the Sponsor has an easement for the utility; and C. The utilities must serve a purpose directly related to the Airport. 3-27-0042-018-2020 The Sponsor's acceptance of this Offer and ratification and adoption of the Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the CARES Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Grant and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION a P 4q&- (Signature) E. Lindsay Butler (Typed Name) Deputy Manager, DMA -ADO (Title of FAA Offcial) 10 3-27-0042-018-2020 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Grant Application and incorporated materials referred to in the foregoing Offer under Part II of this Agreement, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Grant Application. I declare under penalty of perjury that the foregoing is true and correct. Dated May 19, 2020 sty of Hutchinson (Name of Sponsor) Tohn Olson John Olson (May 19, 202015:13 CDT) (Signature of Sponsors Authorized Official) BY: John Olson (Typed Name of Sponsor's Authorized Official) Title: Public Works Manager (Title of Sponsor's Authorized Official) 11 3-27-0042-018-2020 CERTIFICATE OF SPONSOR'S ATTORNEY I, Marc A. Sebora , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Minnesota . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the CARES Act. The Sponsor understands funding made available under this Grant Agreement may only be used to reimburse for airport operational and maintenance expenses, and debt service payments. The Sponsor further understands it may submit a separate request to use funds for new airport/project development purposes, subject to additional terms, conditions, and assurances. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at May 19, 2020 By: 714U101 X. S2ad2al Marc A. Sebora (May 19, 202015:15 CDT) (Signature of Sponsor's Attorney) 12 CARES ACT ASSURANCES AIRPORT SPONSORS A. General. 3-27-0042-018-2020 1. These assurances are required to be submitted as part of the application by sponsors requesting funds under the provisions of the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act or "the Act"), Public Law 116-136. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 2. Upon acceptance of this Grant offer by the sponsor, these assurances are incorporated into and become part of this Grant Agreement. B. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this Grant that: It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant including but not limited to the following: FEDERAL LEGISLATION a. Federal Fair Labor Standards Act — 29 U.S.C. 201, et seq. b. Hatch Act — 5 U.S.C. 1501, et sea. c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea. d. National Historic Preservation Act of 1966 — Section 106 -16 U.S.C. 470(f). e. Archeological and Historic Preservation Act of 1974 — 16 U.S.C. 469 through 469c. f. Native Americans Grave Repatriation Act — 25 U.S.C. Section 3001, et seq. g. Clean Air Act, P.L. 90-148, as amended. h. Coastal Zone Management Act, P.L. 93-205, as amended. i. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. 4012a. j. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). k. Rehabilitation Act of 1973 — 29 U.S.C. 794. I. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). m. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). n. Age Discrimination Act of 1975 — 42 U.S.C. 6101, et sea. o. American Indian Religious Freedom Act, P.L. 95-341, as amended. p. Architectural Barriers Act of 1968 — 42 U.S.C. 4151, et sea. 13 3-27-0042-018-2020 q. Power plant and Industrial Fuel Use Act of 1978 — Section 403- 2 U.S.C. 8373. r. Contract Work Hours and Safety Standards Act — 40 U.S.C. 327, et sea. s. Copeland Anti -kickback Act — 18 U.S.C. 874.1. t. National Environmental Policy Act of 1969 — 42 U.S.C. 4321, et seq. u. Wild and Scenic Rivers Act, P.L. 90-542, as amended. v. Single Audit Act of 1984 — 31 U.S.C. 7501, et sea. w. Drug -Free Workplace Act of 1988 — 41 U.S.C. 702 through 706. x. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246 — Equal Employment Opportunity b. Executive Order 11990 — Protection of Wetlands c. Executive Order 11998 — Flood Plain Management d. Executive Order 12372 — Intergovernmental Review of Federal Programs e. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building Construction f. Executive Order 12898 — Environmental Justice g. Executive Order 13788 —Buy American and Hire American h. Executive Order 13858 —Strengthening Buy -American Preferences for Infrastructure Projects FEDERAL REGULATIONS a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. c. 2 CFR Part 1200— Nonprocurement Suspension and Debarment. d. 28 CFR Part 35 — Discrimination on the Basis of Disability in State and Local Government Services. e. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. f. 29 CFR Part 1— Procedures for predetermination of wage rates. g. 29 CFR Part 3 — Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. h. 29 CFR Part 5 — Labor standards provisions applicable to contracts covering Federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act). 14 3-27-0042-018-2020 i. 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally assisted contracting requirements). j. 49 CFR Part 20 — New restrictions on lobbying. k. 49 CFR Part 21— Nondiscrimination in Federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. I. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Program .49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. m. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. n. 49 CFR Part 30 — Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. o. 49 CFR Part 32 — Government -wide Requirements for Drug -Free Workplace (Financial Assistance). p. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA). q. 49 CFR Part 41— Seismic safety of Federal and Federally assisted or regulated new building construction. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement. 1. Purpose Directly Related to the Airport It certifies that the reimbursement sought is for a purpose directly related to the airport. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an official decision has been made by the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Good Title. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. 15 3-27-0042-018-2020 4. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with this Grant Agreement. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations, and the terms and conditions of this Grant Agreement. S. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the Grant supplied by other sources, and such other financial records pertinent to the Grant. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the Grant in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 6. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services at an airport by only one fixed -based operator is not an exclusive right if — a. it is unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide the services; and b. allowing more than one fixed -based operator to provide the services requires a reduction in space leased under an agreement existing on September 3,1982, between the operator and the airport. 7. Airport Revenues. This Grant shall be available for any purpose for which airport revenues may lawfully be used. CARES Act Grant funds provided under this Grant Agreement will only be expended for the capital 16 3-27-0042-018-2020 or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport(s) subject to this agreement and all applicable addendums. 8. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 9. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR Part 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other Federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. Facilities. Where it receives a grant or other Federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grantor other Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 17 3-27-0042-018-2020 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under this Grant and in all proposals for agreements, including airport concessions, regardless of funding source: "The tits of Hutchinson, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." d. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: A. For the subsequent transfer of real property acquired or improved under the applicable activity, grant, or program; and B. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, grant, or program. e. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. f. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 10. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any activity that uses any product or service of a foreign country during the period in which such foreign country is listed by 18 3-27-0042-018-2020 the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 11. Acquisition Thresholds. The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per -unit acquisition cost equal to or greater than $5,000. Procurements by micro - purchase means the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods or services that do not exceed the $250,000 threshold for simplified acquisitions. 19 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approval of City of MnDOT Indemnification Agreement Department: PW/Eng LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Per the Minnesota Department of Transportation (MnDOT), the City of Hutchinson is being asked to formally approve the attached Indemnification Agreement to allow for Citizen Bank's existing permanent planters to continue to exist within State Trunk Highway right-of-way. Thus, please see the attached agreement document and associated exhibits. If necessary, City staff will be available to answer any specific questions at the upcoming City Council meeting. BOARD ACTION REQUESTED: Approval of MnDOT Indemnification Agreement Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: INDEMNIFICATION AGREEMENT BY [COMMUNITY GROUP/SPONSOR] To indemnify the City of Hutchinson, Minnesota, and State of Minnesota, Department of Transportation To commence in May 2020 THIS AGREEMENT, is made by and between the City of Hutchinson, Minnesota ("City"), and Citizens Bank & Trust Co., Hutchinson, Minn. (Community Group). WHEREAS, the City submitted to the Minnesota Department of Transportation ("MnDOT") an application for a permit (the "Permit" attached and incorporated herein as Exhibit A) to occupy a portion of MnDOT's legal right-of-way with a community garden on 102 Main Street South in Hutchinson, Minnesota for the purposes more fully described in the related community gardening agreement by and between the City and Citizens Bank & Trust Co., Hutchinson, Minn., the substantial terms of which are incorporated herein as Exhibit B. NOW, in consideration of the actions by the City to secure the Permit which will be used by Citizens Bank & Trust Co., Hutchinson, Minn. , Citizens Bank & Trust Co., Hutchinson, Minn. enters into the following Indemnification Agreement: SECTION 1 - LIABILITY, LOSS OR DAMAGE Citizens Bank & Trust Co., Hutchinson, Minn. hereby undertakes to indemnify fully MnDOT and City, their officers, agents and employees, of and from damages or injury to persons or property in any claim or suit seeking to impose liability on MnDOT or City, their officers, agents and employees, arising out of any and all claims, demands, costs, or judgments of any type and any act or omission of Citizens Bank & Trust Co., Hutchinson, Minn. or Citizens Bank & Trust Co., Hutchinson, Minn.'s contractor, agent, servant, employee or other person engaged or employed in conjunction with the subject of the Permit, or the condition of the land subject to the Permit, or any actions taken by them pursuant to or in violation of the Permit, with or without the approval or consent of City or MnDOT, including, but not limited to, a failure of Citizens Bank & Trust Co., Hutchinson, Minn. or other person to comply with the Permit or any and all pertinent statutes, ordinances, regulations or other requirements of any governmental authority in connection with the Permit or the subject hereof, it being the intent of this provision to absolve and protect the State of Minnesota and the City their officers, agents, and employees from any and all loss by reason of this Permit. SECTION 2 - EXPRESS CONDITION PRECEDENT Citizens Bank & Trust Co., Hutchinson, Minn. acknowledges that its agreement to fully perform all conditions and covenants of this Indemnification Agreement upon terms satisfactory to MnDOT and City constitutes an express condition precedent to the issuance of the Permit. Citizens Bank & Trust Co., Hutchinson, Minn. hereby acknowledges that MnDOT and City will not accept substantial compliance with the terms and conditions of this Indemnification Agreement by Citizens Bank & Trust Co., Hutchinson, Minn. Inaction or lapse of time will not constitute a bar to the pursuit of any legal or equitable remedy available to MnDOT or City in any court of competent jurisdiction. 7-31-2015 Page 1 of 3 EXHIBIT B WAIVER AND RELEASE FROM LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION 1. I, Citizens Bank & Trust Co., Hutchinson, Minn., states that I have requested and been assigned a gardening plot at the community garden located on land owned by the Minnesota Department of Transportation (MnDOT) at 102 Main Street South in the City of Hutchinson, Minnesota. The assignment to a gardening plot was made by the Citizens Bank & Trust Co., Hutchinson, Minn. pursuant to a permit issued by MnDOT to the City of Hutchinson, Minnesota. 2. In consideration of being allowed on the community garden and assigned a gardening plot, I agree to release and forever discharge and hold harmless the City of Hutchinson, Minnesota and its employees and the State of Minnesota, its Commissioner of Transportation and employees, from any and all claims, demands, and causes of action of any kind that in any way arise out of or relate to my use of the assigned garden plot or the operation of the community garden. I also promise not to sue the City of Hutchinson, Minnesota and its employees or the State of Minnesota, its Commissioner of Transportation and employees, for any claim of loss or injury arising out of or related to my use of the assigned garden plot or the operation of the community garden, regardless of whether such injury, death, loss or damage is caused in part by the negligence of MnDOT or the City, or is deemed to be the responsibility of MnDOT or the City because of its failure to supervise, inspect or control the operations at the community garden site, or otherwise discover or prevent actions giving rise to liability of any person. 3. 1 have read this Release and understand its contents. I agree that this Release will be binding on me and my heirs, executors, agents, successors and permitted assigns. 4. This Release will be governed by and construed in accordance with the laws of the State of Minnesota. NAME OF GARDENER Citizens Bank & Trust Co., Hutchinson, Minn. Signature ►rir0M By Its President 102 Main Street South, Hutchinson, MN 55350 Date IT 2020 Witness: P. O. Box 339 7-31-2015 Page 1 of 1 X F LL Q o Z � w m a V V x W V V BZI 133HS 33S 00+I6ZI 'V1S Y z dNI SI H1 3NIlH71VA " m Nv�nrv�n ✓ f z❑ co �i as Z w000 d� oo o Jo o a�i u m IL rffff < NNN l� W emnnrvv f' �o,mrvo� Q jYfr Ln Jam �7� Q �rr (sN -. LO — N 'eaia�worvn ! LLI m ao ¢o ¢ o Y u oo oo z� a a "'gym � U f a e ry m r I o a m xMi. ��.... � a amm000 �I J - Ln Ln w000nn^ mJ ON ry .- Lhr` aw0 0. nOm Nry �m - U vJ;f - a �r xnmmnao oa z - u i a � �o J m O - n — >JJ�J__��� 0.�5• rl:n\ - d' 1 m rr o> O d (V LA N m�INNLn a F m N o u - L41 J w � 0) T Y � N +le z N 3 TKO N .c: a _ am am wj � 9ZI 13 p d 0+98ZI 'V1S - dNI 5L H1 3NI-IH31VR = 0 Q 0 0- .., o O ti N N - . . . . . . . . . LL .................................................. .. ..... ................... - . - - .. . . . . . . . . - - .. .... . . . . . . - ........ - - - Z . a _ .....- . . . . . - - - - - J N o a w m .-- ----- ..... ... ... .... Z.J. ........ 0 _Ian .a o0 00+ bf w �aLn 00"5N -UA, s Z N o. aop _ ar' . . f : C• N I 2 Lo w �. �. ....... �=d z o ... :.. N ..... .I. .I I ..... ....... .. W Ln F-- r .-...- ... . ..... ..... ...., N A .EE'ZSO'I '13 9L"95• ..........[ ... ... zm I I - . . . .. .... i ............. z V . . . . . . _ . . . . . . ... . . . . . . . : : ... 1O N : - m b+ysp!1303M o: vi m o: u6p•[ao-l7 bE6T07\s}saysupld\RMMsuoul-Ob\sbu�moup-IS\uBsp-Epud.-5\L[bLbl\80+�rv\W\ON\'S '3l[j HUTCHINSON CITY COUNCIL Request for Board Action Agenda Item: Approval of City of MnDOT Indemnification Agreement Department: PW/Eng LICENSE SECTION Meeting Date: 6/23/2020 Contact: Kent Exner Application Complete N/A Agenda Item Type: Presenter: Kent Exner Reviewed by Staff Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Per the Minnesota Department of Transportation (MnDOT), the City of Hutchinson is being asked to formally approve the attached Indemnification Agreement to allow for Citizen Bank's existing permanent planters to continue to exist within State Trunk Highway right-of-way. Thus, please see the attached agreement document and associated exhibits. If necessary, City staff will be available to answer any specific questions at the upcoming City Council meeting. BOARD ACTION REQUESTED: Approval of MnDOT Indemnification Agreement Fiscal Impact: FTE Impact: Included in current budget: PROJECT SECTION: Total Project Cost: Total City Cost: Remaining Cost: Funding Source: Budget Change: No $ 0.00 $ 0.00 Funding Source: $ 0.00 Funding Source: INDEMNIFICATION AGREEMENT BY [COMMUNITY GROUP/SPONSOR] To indemnify the City of Hutchinson, Minnesota, and State of Minnesota, Department of Transportation To commence in May 2020 THIS AGREEMENT, is made by and between the City of Hutchinson, Minnesota ("City"), and Citizens Bank & Trust Co., Hutchinson, Minn. (Community Group). WHEREAS, the City submitted to the Minnesota Department of Transportation ("MnDOT') an application for a permit (the "Permit" attached and incorporated herein as Exhibit A) to occupy a portion of MnDOT's legal right-of-way with a community garden on 102 Main Street South in Hutchinson, Minnesota for the purposes more fully described in the related community gardening agreement by and between the City and Citizens Bank & Trust Co., Hutchinson, Minn., the substantial terms of which are incorporated herein as Exhibit B. NOW, in consideration of the actions by the City to secure the Permit which will be used by Citizens Bank & Trust Co., Hutchinson, Minn. , Citizens Bank & Trust Co., Hutchinson, Minn. enters into the following Indemnification Agreement: SECTION 1 - LIABILITY, LOSS OR DAMAGE Citizens Bank & Trust Co., Hutchinson, Minn. hereby undertakes to indemnify fully MnDOT and City, their officers, agents and employees, of and from damages or injury to persons or property in any claim or suit seeking to impose liability on MnDOT or City, their officers, agents and employees, arising out of any and all claims, demands, costs, or judgments of any type and any act or omission of Citizens Bank & Trust Co., Hutchinson, Minn. or Citizens Bank & Trust Co., Hutchinson, Minn.'s contractor, agent, servant, employee or other person engaged or employed in conjunction with the subject of the Permit, or the condition of the land subject to the Permit, or any actions taken by them pursuant to or in violation of the Permit, with or without the approval or consent of City or MnDOT, including, but not limited to, a failure of Citizens Bank & Trust Co., Hutchinson, Minn. or other person to comply with the Permit or any and all pertinent statutes, ordinances, regulations or other requirements of any governmental authority in connection with the Permit or the subject hereof, it being the intent of this provision to absolve and protect the State of Minnesota and the City their officers, agents, and employees from any and all loss by reason of this Permit. SECTION 2 - EXPRESS CONDITION PRECEDENT Citizens Bank & Trust Co., Hutchinson, Minn. acknowledges that its agreement to fully perform all conditions and covenants of this Indemnification Agreement upon terms satisfactory to MnDOT and City constitutes an express condition precedent to the issuance of the Permit. Citizens Bank & Trust Co., Hutchinson, Minn. hereby acknowledges that MnDOT and City will not accept substantial compliance with the terms and conditions of this Indemnification Agreement by Citizens Bank & Trust Co., Hutchinson, Minn. Inaction or lapse of time will not constitute a bar to the pursuit of any legal or equitable remedy available to MnDOT or City in any court of competent jurisdiction. 7-31-2015 Page 1 of 3 SECTION 3 - DURATION The obligations of Citizens Bank & Trust Co., Hutchinson, Minn. under this Agreement to indemnify MnDOT and City will commence upon the date of execution hereof and will continue in full force throughout the term of the Permit and/or any current or future community gardening agreement between the Parties. This Indemnification Agreement must be renewed any time the Permit or Community Gardening Agreement are renewed or extended, and the terms and obligations of this Indemnification Agreement will survive termination, cancellation or expiration of any of the same. SECTION 4 - INSURANCE Citizens Bank & Trust Co., Hutchinson, Minn. must procure and maintain commercial general liability insurance during the term of the Permit, and must have the State of Minnesota and the City added as additional insureds to its policy in a form and amount satisfactory to MnDOT and City, to cover any loss that may be incurred for or on account of any matter, cause or thing arising out of the permitted activity, construction or design, and for property damage, personal injury and public liability under this Indemnification Agreement. The amount of insurance must have a limit of not less than $2 million per occurrence and $2 Million in the aggregate. An Umbrella or Excess Liability insurance policy may be used to supplement the underlying policy limits to satisfy the full policy limits required herein. Certificates of Insurance must be provided to MnDOT and City prior to the commencement of any activity that is the subject of this Agreement. The policy must be of a duration satisfactory to MnDOT and City, including the requirements of Section 3 of this Agreement. Certificate(s) of Insurance must be provided for any new or replacement policies. If a cancellation notice from an insurance carrier affording coverage herein is receive by the policyholder, the policyholder must notify the City and MnDOT within five (5) business days with a copy of the cancellation notice, unless the policy contain a provision that coverage afforded under the policy will not be cancelled without at least thirty (30) days prior written notice to the City and MnDOT. SECTION 5 - REQUIREMENT OF NOTICE TO MNDOT AND CITY Citizens Bank & Trust Co., Hutchinson, Minn. agrees to notify MnDOT and the City in writing, within ten days, of any and all claims made against Citizens Bank & Trust Co., Hutchinson, Minn. which pertain to the subject of the Permit. SECTION 6 - OBLIGATION OF Citizens Bank & Trust Co., Hutchinson, Minn. TO DEFEND CLAIMS Citizens Bank & Trust Co., Hutchinson, Minn. , upon request of either MnDOT and/or City, agrees to defend, or pay and provide for the reasonable cost of such defense, including attorneys fees, the State of Minnesota, the City, their officers, agents and employees, against any and all claims brought or actions filed against the State of Minnesota or the City, either as an original or an additional defendant, with respect to the subject of the indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or filed. Citizens Bank & Trust Co., Hutchinson, Minn. hereby waives any and all rights to join the State of Minnesota or the City as an additional defendant in any actions arising as a result of the grant of the Permit or as a result of any construction, design or subsequent use that is the subject of the Permit. Notwithstanding the foregoing provisions, Citizens Bank & Trust Co., Hutchinson, Minn. agrees that the State of Minnesota and the City may employ or provide 7-31-2015 Page 2 of 3 attorneys of their own selection to appear and defend any claims or actions on behalf of the State of Minnesota or the City, at Citizens Bank & Trust Co., Hutchinson, Minn.'s sole cost and expense. SECTION 7 - REIMBURSEMENT FOR EXPENSES AND ENFORCEMENT OF AGREEMENT Citizens Bank & Trust Co., Hutchinson, Minn. agrees to reimburse the State of Minnesota and the City for any necessary expenses, attorneys' fees or costs incurred in the enforcement of any part of this Indemnification Agreement within ninety (90) days after receiving written notice that the State of Minnesota or the City have incurred them. SECTION 8 - SEVERABILITY If any section of this Indemnification Agreement is found to be invalid by any court of competent jurisdiction, such finding will not render the rest of this Agreement invalid. SECTION 9 — AGREEMENT BINDING UPON SUCCESSORS The Parties agree that the terms, conditions and provisions of this Indemnification Agreement are binding upon, and will inure to the benefit of, all assigns, successors in interest, heirs and agents of each of the Parties. SECTION 10 - RIGHTS OF THIRD PARTIES The Parties agree that this Indemnification Agreement provides third party beneficiary status to the State of Minnesota. Nothing contained in this Indemnification Agreement will confer a third party beneficiary right of action upon any other person whatsoever, and nothing set forth in this entire Indemnification Agreement will be construed so as to confer upon any person or entity other than the State of Minnesota or the City, their officers, agents and employees, any right of action either under this Indemnification Agreement or in any manner whatsoever. IN WITNESS WHEREOF, the undersigned have set their hands this day of , 2020 FOR Citizens Bank & Trust Co., Hutchinson, Minn. : BY: ITS: FOR CITY OF HUTCHINSON, MINNESOTA: BY: ITS: Mayors Gary Fortier BY: _ ITS: Cijr, Administrator Matthew Jaunich 7-31-2015 Page 3 of 3 EXHIBIT B WAIVER AND RELEASE FROM LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION 1. I, Citizens Bank & Trust Co., Hutchinson, Minn., states that I have requested and been assigned a gardening plot at the community garden located on land owned by the Minnesota Department of Transportation (MnDOT) at 102 Main Street South in the City of Hutchinson, Minnesota. The assignment to a gardening plot was made by the Citizens Bank & Trust Co., Hutchinson, Minn. pursuant to a permit issued by MnDOT to the City of Hutchinson, Minnesota. 2. In consideration of being allowed on the community garden and assigned a gardening plot, I agree to release and forever discharge and hold harmless the City of Hutchinson, Minnesota and its employees and the State of Minnesota, its Commissioner of Transportation and employees, from any and all claims, demands, and causes of action of any kind that in any way arise out of or relate to my use of the assigned garden plot or the operation of the community garden. I also promise not to sue the City of Hutchinson, Minnesota and its employees or the State of Minnesota, its Commissioner of Transportation and employees, for any claim of loss or injury arising out of or related to my use of the assigned garden plot or the operation of the community garden, regardless of whether such injury, death, loss or damage is caused in part by the negligence of MnDOT or the City, or is deemed to be the responsibility of MnDOT or the City because of its failure to supervise, inspect or control the operations at the community garden site, or otherwise discover or prevent actions giving rise to liability of any person. 3. 1 have read this Release and understand its contents. I agree that this Release will be binding on me and my heirs, executors, agents, successors and permitted assigns. 4. This Release will be governed by and construed in accordance with the laws of the State of Minnesota. NAME OF GARDENER Citizens Bank & Trust Co., Hutchinson, Minn. Signature Address By Its President 102 Main Street South, P Hutchinson, MN 55350 Date ) 2020 Witness: O. Box 339 7-31-2015 Page 1 of 1 O fr w v m .- .. —� ... ... ............ .:.. .... J ,....�.. :. Q N X W a 2 8ZI 133HS 33S 00+16ZI 'V15 - : _ — �•J. a dN[ 51 H1 3NIIH01V11 IF_ WOO+.IdA.wIx O o J' 13. . . . . . . - LnLA { J x rr Z W - in W �r LLJ _ n. n4. ,: ; . .... sir INiLn _� N Lo mlmm (' Z w o � sr kA ;� o o ,: w W x Q io�o U, cJ -�• :�' _ : - be r + -gs_ 1 sLD .o- . - . ... .. - .. . h� 3 J o�'mmm�m$ N,?�J,,S.V I . . • . . . m m �� ... .... .. m .EE'L90't �•l3. � ��S 3 ---- ------ c S- gs5' .09'EB+ 1dA �9L'85. } m d• m - 99 - . - . 1I . I 'o • ,.. o. I 5 ,s'-�:-,.wvt2 .B'S .0 Im m n .5'B[ Y. .^ u. - - _ EE•LSOI-I '13 . I. - ..... r. . h � + C a m o u ym yN Y-_ N F< u, - i �- 3 _ ;N J V L w a •'�o mN mN fl. - I. I. �. I < � o• I--vJ ruf �' � c � r o 9Zi 13'� [l +9BZE 'V15- dNI 91 HI 3NIIH01Vh = Oa - 3 o: 'o c o 5tki YJVs J1303AN Nd LGSY'1 6105/ft/SI 16P'In'J•LINY14�\T3P•yewW\FnNsuP�t-ON^•bulno�-IS\�0-IPu1J-SLLLIZYI\90JW1\n\D1N5 +3V! HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Econo foods parking lot lease with Ace Hardware Department: Legal LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: In the recent past, Ace Hardware has used the Econo Foods parking lot as a temporary place to park the U-Haul vehicles that Ace Hardware rents. Now that the City owns the Econo Foods parking lot, the City and Ace Hardware want to formalize an agreement to allow the vehicles to be able to remain parked in the parking lot on a temporary basis until the City develops and begins working on the new police station project. I have had a chance to meet with Dave Kramer, the owner of Ace Hardware and what is proposed for your consideration is a simple lease agreement on a month -to -month basis allowing the vehicles to be parked in the Southwest corner of the Econo Foods parking lot. Ace Hardware will make sure that there is adequate insurance coverage to protect the City from any injury or property damage claims. Also, in the lease is an acknowledgment by Ace Hardware that the arrangement is only temporary and there is no expectation that Ace Hardware will own any part of the parking lot after the police station project is commenced. There is also a token rent amount of one dollar per month. Staff recommends your approval of this agreement. BOARD ACTION REQUESTED: Approve lease agreement with Ace Hardware Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: REAL PROPERTY LEASE Date: This lease is made on the above date by the City of Hutchinson, a Minnesota municipal corporation, (" Lessor") and Kramer David, Inc. a Minnesota corporation, (" Lessee") Property Description. Lessor hereby leases to Lessee real property in McLeod County, described as follows: a 60 foot by 190 foot area of land in the southwestern corner of the parking lot located at 205 Washington Ave East in the City of Hutchinson, Minnesota 2. Purpose of Lease. The purpose of the lease is to allow Lessee to park U-Haul vehicles/trailers on the leases property. Rent price. Lessee shall pay to Lessor the sum of one dollar ($1.00), as and for the monthly rent for the property. The monthly rent shall be due on the first day of the month and shall be paid on that same date every month thereafter. 4. Rental Term. This shall be a month -to —month lease. The lease shall be terminated upon either party giving 30 days' notice to end the lease. 5. Lessee's Insurance. Lessee, at its sole cost and expense, shall insure its activities in connection with this Lease and obtain, keep in force, and maintain insurance as follows: (1.)Commercial Form General Liability Insurance (contractual liability included) with minimum limits as follows: a. Each Occurrence $1,500,000 b. Personal Injury $1,500,000 c. Property Damage $1,500,000 d. General Aggregate $1,500,000 (2.) Workers' Compensation as required by Minnesota law. 6. Injury or damage occurring on the Property. a. Lessor shall be free from all liability and claims for damages by reason of injuries occurring on or after the date of this lease to any person or persons or property while on or about the property. Lessee shall defend and indemnify Lessor from all liability, loss, cost, and obligations, including reasonable attorney's fees, on account of or arising out of any such injuries. 7. Waste, repair, and liens. Lessee shall use the property in a neat and orderly fashion and shall not permit nuisance conditions to exist on the leased property. Lessee shall not create or permit to accrue liens or adverse claims against the property which constitute a lien or claim against Lessor's interest in the property. 8. No future interest in the property created. Lessee understands and agrees that this lease does not create any right or expectation to use or acquire the property after the termination of this lease. In witness whereof, including the lease and any exhibits, the parties hereto have executed this lease the day and year first above written. City of Hutchinson By: Gary T. Forcier Its: Mayor By: Matthew Jaunich Its: City Administrator Kramer David, Inc. By: Its: REAL PROPERTY LEASE Date: This lease is made on the above date by the City of Hutchinson, a Minnesota municipal corporation, (" Lessor") and Kramer David, Inc. a Minnesota corporation, (" Lessee") 1. Property Description. Lessor hereby leases to Lessee real property in McLeod County, described as follows: a 60 foot by 190 foot area of land in the southwestern corner of the parking lot located at 205 Washington Ave East in the City of Hutchinson, Minnesota 2. P ose of Lease. The purpose of the lease is to allow Lessee to park U-Haul vehicles/trailers on the leases property. 3. Rent price. Lessee shall pay to Lessor the sum of one dollar ($1.00), as and for the monthly rent for the property. The monthly rent shall be due on the first day of the month and shall be paid on that same date every month thereafter. 4. Rental Term. This shall be a month -to month lease. The lease shall be terminated upon either party giving 30 days' notice to end the lease. 5. Lessee's Insurance. Lessee, at its sole cost and expense, shall insure its activities in connection with this Lease and obtain, keep in force, and maintain insurance as follows: (1.)Commercial Form General Liability Insurance (contractual liability included) with minimum limits as follows: a. Each Occurrence $1,500,000 b. Personal Injury $1,500,000 c. Property Damage $1,500,000 d. General Aggregate $1,500,000 (2.) Workers' Compensation as required by Minnesota law. The Lessor shall be an additional insured on all polices. 6. Iniury or damage occurrin on the Property. ��'ks.j r) CJk a. Lessor shall be free from all liability and claims for damages by reason of injuries occurring on or after the date of this lease to any person or persons or property while on or about the property. Lessee shall defend and indemnify Lessor from all liability, loss, cost, and obligations, including reasonable attorney's fees, on account of or arising out of any such injuries. 7: Waste r air and liens. Lessee shall use the property in a neat and orderly fashion and shall not permit nuisance conditions to exist on the leased property. Lessee shall not create or permit to accrue liens or adverse claims against the property which constitute a lien or claim against Lessor's interest in the property. Lessee shall use the premises in an environmentally friendly manner and is resl2onsible for costs associated with any spills or contamination through Lessee's use of the premises. Lessee shall ensure that all materials are removed from the property at the termination of the lease or be responsible to the Lessor for any such removal costs. S. No future interest in the property created. Lessee understands and agrees that this lease does not create any right or expectation to use or acquire the property after the termination of this lease. In witness whereof, including the lease and any exhibits, the parties hereto have executed this lease the day and year first above written. City of Hutchinson By: Gary T. Forcier Its: Mayor By: Matthew Jaunich Its: City Administrator Kramer David, Inc. By: Its: HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Items for TH 7/22 & Montana Street Crossing Improvements Project (1-2/P20-02) Department: PW/Eng LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the above referenced project letting during their July 14th meeting. Please note that City staff has been working closely with MnDOT representatives and our technical consultant as this project continues to be developed. BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 15177 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 2/PROJECT NO. 20-02 WHEREAS, it is proposed to improve: TH 7/22 & Montana St. Crossing Improvements: construction of a HAWK (high -intensity activated crosswalk beacon) traffic control device, concrete curbing, concrete pavement/walk, bituminous surfacing, street lighting, restoration and appurtenances, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement, called Letting No. 2/Project No. 20-02, be referred to the Engineer for study and that that person is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. Adopted by the Council this 23rd day of June 2020. Mayor: Gary Forcier City Administrator: Matthew Jaunich HUTCHINSON PUBLIC WORKS/ENGINEERING DEPARTMENT Hutchinson City Center/111 Hassan St SE/Hutchinson MN 55350-2522/320-234-4209/FAX 320-234-4240 ENGINEERING REPORT & FEASIBILITY STUDY TO: Mayor & City Council FROM: Kent Exner, DPW/City Engineer DATE: June 23. 2020 SUBJECT: Trunk Highway 7/22 & Montana Street Crossing Improvements I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L2/P20-02 TH 7/22 & Montana St. Crossing Improvements: construction of a HAWK (high -intensity activated crosswalk beacon) traffic control device, concrete curbing, concrete pavement/walk, bituminous surfacing, street lighting, restoration and appurtenances. ESTIMATED COST TOTAL Construction Cost $261,280.00 Engineering $39,192.00 Administration $15,676.80 Signal System Controller & Cabinet (City provided) $25,000.00 En ineerin Services - Geotechnical $5,000.00 ESTIMATED TOTAL $346,148.80 ESTIMATED FUNDING TOTAL Federal Aid - Transportation Alternatives Program $160,000.00 State Trunk Highway Funds (MnDOT provided) $40,000.00 City - Bonding (potentially to be MnDOT funded also $146,148.80 City -Water Funds $0.00 City -Wastewater Funds $0.00 City - Stormwater Funds $0.00 ESTIMATED TOTAL $346,148.80 RESOLUTION NO. 15178 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO. 2/PROJECT NO. 20-02 WHEREAS, pursuant to a resolution of the Council adopted June 23rd, 2020, a report has been prepared by Kent Exner, Public Works Director/City Engineer with reference to the following proposed improvements: TH 7/22 & Montana St. Crossing Improvements: construction of a HAWK (high -intensity activated crosswalk beacon) traffic control device, concrete curbing, concrete pavement/walk, bituminous surfacing, street lighting, restoration and appurtenances, and said report was received by the Council on June 23rd, 2020, and WHEREAS, the report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvement of such street(s) in accordance with the report and the assessment of abut6ting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $346,148.80. 2. A public hearing shall be held on such proposed improvement on the 14th day of July 2020, at the Hutchinson City Center at 6:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Hutchinson City Council this 23rd day of June 2020. Mayor: Gary Forcier City Administrator: Matthew Jaunich PUBLICATION NO. 8377 NOTICE OF HEARING ON IMPROVEMENT LETTING NO. 2/PROJECT NO. 20-02 (L2P20-02) TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers at the Hutchinson City Center, 111 Hassan St SE, Hutchinson, MN, at 6:00 pm on the 14th day of July 2020, to consider the making of an improvement of Letting No. 2/Project No. 20-02, an improvement of: TH 7/22 & Montana St. Crossing Improvements: construction of a HAWK (high -intensity activated crosswalk beacon) traffic control device, concrete curbing, concrete pavement/walk, bituminous surfacing, street lighting, restoration and appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The estimated City cost of said improvement is $346,148.80 and an Assessable cost of $0.00 for the total estimated cost of $346,148.80. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: 06/23/2020 Matthew Jaunich, City Administrator PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, JULY 1, 2020 AND ON WEDNESDAY, J U LY 8, 2020. HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: 2020-2022 Agreements with the City of Hutchinson and ISD 423 Department: PRCE LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Dolf Moon Agenda Item Type: Presenter: Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Attach are the two year Joint Grounds Maintenance Agreement, Use of Facilities Agreement and Burich Arena Lease Agreement. The School Board at their regular monthly June Board meeting unamousliy approved the attached agreements. These agreements establish the fees and charges for the upcoming two year period. I would recommend Council approval of the attached agreements. BOARD ACTION REQUESTED: Approval of the attached agreements. 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: AN AGREEMENT BETWEEN THE CITY OF HUTCHINSON,. MINNESOTA AND HUTCHINSON INDEPENDENT SCHOOL DISTRICT #423 RELATING TO THE ESTABLISHMENT AND OPERATION OF A JOINTLY SPONSORED GROUNDS MAINTENANCE PROGRAM THIS AGREMENT entered into this 1 st day of July 2020, between the CITY OF HUTCHINSON, A MINNESOTA MUNICIPAL CORPORATION ("City") and INDEPENDENT SCHOOL DISTRICT NO.423, MCLEOD COUNTY, MINNESOTA, A MINNESOTA MUTUAL COPORATION ("School District"). WHEREAS, the School District is organized for the purpose of providing public school education and does provide extracurricular activities for which it maintains expenses; playgrounds, ball fields and practice facilities and has adjacent to its buildings, parking areas and sidewalks that it maintains; and WHEREAS, the City is authorized to and does provide and maintain parks, recreation areas, parking areas and sidewalks adjacent to the building that it owns; and WHEREAS, the School District and the City (collectively called the "Sponsors") within their respective powers, recognizing that through economies of scale there will be cost savings to both the City and School District through a joint agreement to maintain recreation areas and they desire to cooperate in the establishment of operation of a Joint Grounds Maintenance Program. NOW, THEREFORE, the Sponsors hereby agree with each other as follows: PURPOSE OF AGREEMENT: The Sponsors shall severally, jointly and cooperatively, pursuant to the broad authority contained in Minnesota Statute §471.59 and other applicable statutes and their respective express and implied powers, establish and operate a Joint Grounds Maintenance Program. The term Joint Grounds Maintenance Program is defined, for the purposes hereof to mean the following: 1. A program of shared equipment, materials and labor between the Sponsors to more effectively and cost efficiently maintain the parks and recreation areas of each of the Sponsors and the parking areas and sidewalks adjacent to buildings owned by the respective Sponsors. 2. To plan and establish a Grounds Maintenance Program for the green areas of the Sponsors to implement a program mowing; fertilization; herbicide/pesticide treatment; tree pruning; watering; aeration/top dressing; stripping/demarcation of fields. 3. To plan and establish a Program for snow and ice removal from the parking lots and sidewalks adjacent to the buildings of the Sponsors and to establish a schedule or time table for such snow and ice removal. (Snow hauling by District) 4. To plan and establish a Maintenance Program of the athletic fields and playgrounds of the Sponsors, including tennis courts, baseball/softball fields, and soccer/football fields, which are the real property of the respective Sponsors. (Playground replacement parts by District) 5. Real property, equipment, supplies and employees furnished by either party hereto shall remain the property and/or employees of the party so furnishing them, except that nothing herein shall be construed as to prohibit the purchase of grounds maintenance supplies or equipment with the use of joint funds, if so agreed by the parties. LIABILITY INSURANCE: Each sponsor shall maintain public liability insurance coverage upon its public resources, including its land, buildings, machinery and employees in an amount at least as great as any statutorily imposed exposure. Employees of, and machinery and materials owned by the respective sponsors shall be deemed to remain the employee and resource of that Sponsor for insurance and liability purposes. The Sponsors agree to obtain a separate liability insurance policy to insure the Joint Grounds Maintenance Program, if necessary. SUPERVISION OF PROGRAM: All activities of the grounds Maintenance Program shall be under the direct supervision of the Superintendent of Schools and the City Administrator. LENGTH OF AGREEMENT AND WITHDRAWL: This Agreement shall remain in force and effect for a period of two (2) years from July 1, 2020 thru June 30, 2022. However, this Agreement may be terminated by either party hereto by written notice to the other party with at least one (1) year notice prior to the date of desired termination. CONSIDERATION: The School District agrees to provide a cash payment to the City of Hutchinson in the amount of $85,750.00 annually for the term of this Agreement in consideration for the ground program services identified within the Agreement and provided by the City of Hutchinson. This consideration shall be reviewed annually as part of the budget development process. 2 ACCOUNTING: Each party to this Agreement agrees to make all financial documents available for inspection by the other, if requested, with a three (3) day written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by the respective duly authorized officers of the City Council of Hutchinson, Minnesota and School Board of Independent School District No. 423. INDEPENDENT SCHOOL DISTRICT NO..423 CITY OF HUTCHINSON McLeod County, Minnesota McLeod County, Minnesota Attest: chool Board Clerk Dated: 6 -,P- 20 zo Mayor City Administrator Finance Manager Dated: 3 USE OF FACILITIES HUTCHINSON SCHOOL DISTRICT AND CITY OF HUTCHINSON 2020-2022 Recreation Center It shall be the policy of the School District and the City of Hutchinson to rent the Recreation Center Building at a cost of $40 per hour and Burich Arena at $60 per hour for dry floor activities with the rentee providing a minimum of one building supervisor. Roberts Park/ School Campus Softball VMF Field/ School Campus Baseball Estimated 40 days of use, which includes 80 games — 20 "A" squad games, 20 "JV squad games, 20 "C" squad games and 20 middle level games As soon as weather permits, usually the first week in April, practices begin outdoors. The above -mentioned 40 days does not account for any inclement weather cancellations. It shall be the policy of the School District and the City of Hutchinson that the school district shall pay $4600 for the maintenance of all related facilities per season for the above -mentioned use. This includes material, labor and use of City equipment. General Guidelines When use of facilities or cancellation is required because of inclement weather, contact should occur by noon with the PRCE Director by the School Activities Director, facilities may be used only upon approval of the above -mentioned directors. Renters shall always follow the approved time schedule. Renters shall assist in setup for activities or for the next activities. Renters shall leave the facilities in good condition. The renter's supervisor of the activity must stay until all participants have left the building/field including emergencies. INDEPENDENT SCHOOL DISTRICT NO.423 CITY OF HUTCHINSON McLeod County, Minnesota McLeod County, Minnesota Mayor City Administrator I LEASE AGREEMENT HUTCHINSON SCHOOL DISTRICT Burich Arena THIS AGREEMENT, made this first day of July, 2020 by the City of Hutchinson, a municipal corporation, hereinafter called First Parry, and the Independent School District No. 423 of McLeod County, hereinafter called Second Party, WITNESSETH: WHEREAS, the First Party has assumed the operation and maintenance of Burich Arena, through the guidance and recommendation(s) of the PRCE Advisory Board; WHEREAS, it is the desire of the Second Parry to rent Burich Arena for programming to be conducted and sponsored through its physical education program and/or extra -curricular programs; NOW, THEREFORE, in consideration of the premises and the terms and covenants hereinafter set forth, the parties hereby mutually agree as follows: PREMISES: The First Party agrees to lease and hereby does lease, and the Second Party agrees to take and hereby does take Burich Arena, east rink and west rink. 2. TERMS OF LEASE: This lease shall be from the term of July 1, 2020 through June 30, 2022. 3. RENTAL PAYMENT AND GAME RECEIPTS: The Second Party agrees to pay the First Party a rental payment for the premises as shown below: 2020-21 2021-22 TOTAL TOTAL Practice Ice 225 hours $190. $195. $42,750. $43,875. 20 Games Varsity/J.V. $800. $825. $16,000. $16,500. TOTAL $58,750 $60,375 Each yearly total amount will be paid on or before April I" of 2021 and 2022 respectively. All game admission receipts shall be the property and responsibility of the Second Party. Hockey games in excess of 20 Varsity/J.V shall be billed at the agreed upon game rates. 4. DEFINITIONS a. "Ice -time" - The period of time the ice is on the floor of the premises and utilized for hockey games and/or practices. b. "Non -Ice -Time" - The period of time no ice is on the floor and utilization is for sports other than hockey, i.e., tennis, track, softball, soccer, baseball. C. Exclusive use - The time the Second Party is in possession of the premises for "ice -time" and "non -ice -time" use, without interference from the First and/or Second Party(s), except for normal maintenance of the building. 5. USE OF FACILITIES: The First Party agrees to lease the premises for exclusive use at the following designated times and activities. 2 a. The Second Parry shall be allotted 225 hours of ice time per school year. In the event more than 225 hours practice ice time is used, the Second Party shall be billed at the agreed hourly rate. b. All practice time(s) for Boys Squads and Girls Squads shall be scheduled as agreed upon between the city's Facilities & Operations Manager and School Activities Director. C. Game ice -time shall be set by schedule. All hockey games shall be Monday through Saturday, excluding holidays. All regularly scheduled hockey games and dates are set forth in a schedule and may be canceled and/or rescheduled only after mutual consultation of the First Party and the Second Party, or their respective representatives. d. In the event the facility is rendered unfit for hockey use due to fire or any other cause, the Second Party's obligation for rent shall be adjusted on a pro-rata basis and the party of the first part shall refund within 30 days after termination that portion of the rent covering the period of non-use. If the damage cannot be repaired within 30 days, the Second Party may exercise the option to terminate. 6. FIRST PARTY RESPONSIBLITIES: a. To provide all utilities, including heat, light, water, sewer, refuse; maintain all ice -making and cleaning equipment and machines; flooding the ice rinks; cleaning of the ice surfaces; maintaining the parking lot; and the normal maintenance, repair and replacement of dasherboards, goals and nets; and make all necessary structural alterations, repairs and maintenance. b. To provide janitor service for cleaning of the bleacher area, storage area and upper arena areas as needed. To operate, maintain and receive revenues from all concessions and/or vending machines, unless otherwise assigned in whole or part. 7. SECOND PARTY RESPONSIBILITIES: a. To provide personnel and supplies for the sale and collection of admission tickets. b. To provide for payment of any Minnesota sales tax for admission. C. To provide towel and laundry service. d. To designate personnel to supervise students at any time the building is being used by students under this agreement, and to designate one individual to be responsible for key(s) for use of the building while in use by its students. e. To be responsible for loss or theft of school and/or personnel property while stored or otherwise within the premises. f. To make all arrangements and/or payment for announcer(s), scoreboard operator(s), referees and supervisory personnel. g. To designate the coach or supervisor for seeing all pieces of equipment and supplies of the school and players are picked up and properly stored in the areas and cabinets, as provided by the First Party, and to see that all students are out of the building by one-half (1/2) hour after close of practice or game. 3 8. RULES AND REGULATIONS: The rules and regulations of Independent School District No. 423 pertaining to student conduct shall be in effect during all times this building is used by the school. Additional policies governing the conduct of students may be developed as needed by Burich Arena and the school administration. The policies, rules and regulations shall be enforced by school personnel as assigned by the school administration and the city personnel as assigned by the city's Facilities & Operations Manager. 9. INSURANCE: The First Parry agrees to pay a sum equal to the actual expense for bodily injury and property damage insurance. 10. INDEMNIFICATIONS: The Second Parry agrees to save harmless, protect and indemnify the First Party from any and all claims, not fully covered by Section 9 Insurance, of every kind and nature whatsoever arising out of the personal injury or property damage on the leased premises while it is under control of and being used by the party of the second part. Each party agrees to name the other as an "additional insured party" in liability insurance policies. 11. SUCCESSORS AND ASSIGNS: All provisions of the lease, herein stated, are binding upon the successors or assigns of the respective parties. IN WITNESS WHEREOF, the parties have signed this agreement to be effective the day and year above written. In presence of. CITY OF HUTCHINSON BY M. Mayor City Administrator INDEPENDENT SCHOOL DISTRICTT NO. 423 BY f , / Chairman BY 1 _ Clerk CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 6/10/20 - 6/23/20 Check Date -------------------- 06/03/2020 Check ---------------------- 211075 Vendor Name ------------------------------------------------------------------- VOID Description ----------------------------------------------------------------------------------------------------- VOID Amount ------------------------ 06/05/2020 211076 NCPERS Payroll 5/17/20 - 5/30/20 336.00 06/05/2020 211077 HART Payroll 5/17/20 - 5/30/20 602.54 06/05/2020 EFT1226 EFTPS Payroll 5/17/20 - 5/30/20 67,940.07 06/05/2020 EFT1227 Child Support Payroll 5/17/20 - 5/30/20 577.29 06/05/2020 EFT1228 MN Dept of Revenue Payroll 5/17/20 - 5/30/20 13,075.16 06/05/2020 EFT1229 Provident Life Insurance Payroll 5/17/20 - 5/30/20 612.34 06/05/2020 EFT1230 PERA Payroll 5/17/20 - 5/30/20 54,639.37 06/05/2020 EFT1231 TASC-Flex Payroll 5/17/20 - 5/30/20 1,679.56 06/05/2020 EFT1232 TASC-H S A Payroll 5/17/20 - 5/30/20 13,689.51 06/05/2020 EFT1233 CMA Payroll 5/17/20 - 5/30/20 3,308.52 06/05/2020 EFT1234 VOYA Payroll 5/17/20 - 5/30/20 330.00 06/05/2020 EFT1235 MNDCP Payroll 5/17/20 - 5/30/20 350.00 06/23/2020 211078 ACE HARDWARE - 1315 REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 512.45 06/23/2020 211079 VOID VOID 06/23/2020 211080 ACE HARDWARE - 1790 REPAIR & MAINT SUPPLIES - FIRE 134.80 06/23/2020 211081 ACE HARDWARE - 1825 BATTERIES & SNAPS - POLICE 41.94 06/23/2020 211082 ACTIVAR PLASTIC PRODUCTS GROUP PVC COUPLINGS - WATER 69.06 06/23/2020 211083 AEM MECHANICAL SERVICES INC INSTALL NEW A/C AT AIRPORT 4,023.27 06/23/2020 211084 AGUILERA,ANABELA REFUND: HUSA GIRLS SOCCER -REC 105.00 06/23/2020 211085 AHLGREN ELECTRIC UNDERGROUND WIRE REPAIR @ PARK ELEM HOCKEY RINK 3,050.00 06/23/2020 211086 ALPHA TRAINING & TACTICS LLC POINT BLANK GUARDIANS, POUCHES, ARMOR - POLICE 5,455.94 06/23/2020 211087 ALPHA WIRELESS JUNE MAINTENANCE ON RADIO EQUIP, BATTERIES- POLICE 1,459.23 06/23/2020 211088 AMENT, MALINDA REFUND: 10 U HJLB - REC 265.00 06/23/2020 211089 AMERICAN BOTTLING CO COST OF GOODS SOLD - LIQUOR HUTCH 347.04 06/23/2020 211090 AMERIPRIDE SERVICES CLEANING SERVICES - LIQUOR HUTCH 160.32 06/23/2020 211091 ANDERSON, AMY REFUND: HJLB MAJOR LEAGUE & TIGER BALL-REC 210.00 06/23/2020 211092 ANDERSON,JENNIFER REFUND:HJLBBIGLEAGUE -REC 210.00 06/23/2020 211093 ANIMAL MEDICAL CENTER ON CROW RIVER MAY PROCESSING/BOARDING FEES - POLICE 650.00 06/23/2020 211094 APPLIED CONCEPTS INC COUNTING UNIT AND SUPPLIES - POLICE 2,966.00 06/23/2020 211095 ARTISAN BEER COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 1,573.65 06/23/2020 211096 AUGUSTINE, HENRY REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211097 AUTO VALUE - GLENCOE MISC HATS SUPPLIES 10.99 06/23/2020 211098 B & C PLUMBING & HEATING INC TOILET REPAIR - POLICE 475.70 06/23/2020 211099 BACON, AMY REFUND: 13U HJLB - REC 285.00 06/23/2020 211100 BAGNE, DAVID LOT SPLIT REFUND- PLANNING DEPT 125.00 06/23/2020 211101 BAHR, EVELY REFUND: AARP CANCELLED DUE TO COVID-19 - SR CENTER 18.00 06/23/2020 211102 BECKER, MICHELLE REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211103 BELLBOY CORP COST OF GOODS SOLD -LIQUOR HUTCH 2,247.34 06/23/2020 211104 BENEFIT EXTRAS INC COBRA FEES 448.50 06/23/2020 211105 BENSON, ANDREA REFUND: 10U & 14U HJLB - REC 550.00 06/23/2020 211106 BENSON, CARLA REFUND: HJLB MAJOR LEAGUE - REC 135.00 06/23/2020 211107 BERNICK'S COST OF GOODS SOLD - LIQUOR HUTCH 403.12 06/23/2020 211108 BIRKHOLZ, PHYLLIS REFUND: AARP CANCELLED DUE TO COVID-19 - SR CENTER 23.00 06/23/2020 211109 BJUR, JESSE REFUND: HJLB MAJOR LEAGUE - REC 135.00 06/23/2020 211110 BLOCK, BRIDGET REFUND: 11U HJLB - REC 265.00 06/23/2020 211111 BOICH, ARNIE REFUND: HUSA BOYS SOCCER - REC 20.00 06/23/2020 211112 BOND, THOMAS REFUND: 16U TOURNAMENT - REC 325.00 06/23/2020 211113 BRANDED SOLUTIONS JACKETS - POLICE 767.32 06/23/2020 211114 BRAUN INTERTEC CORP ENGINEERING SERVICES THROUGH 5/29 - S GRADE RD/DALE ST SW 4,485.00 06/23/2020 211115 BREAKTHRU BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 12,653.98 06/23/2020 211116 BRECHT, TRAVIS REFUND: 13U HJLB - REC 285.00 06/23/2020 211117 BRETH-ZENZEN FIRE PROTECTION SPRINKLER HEAD REMOVAL- LIBRARY 150.00 06/23/2020 211118 BROWN, DAVID REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211119 BROWN, SARA REFUND: TIGER BALL- REC 75.00 06/23/2020 211120 BRYANT, LEONARD & JUDY REFUND: AARP CANCELLED DUE TO COVID-19 - SR CENTER 36.00 06/23/2020 211121 BUBOLTZ, AMY REFUND: TIGER BALL - REC 75.00 06/23/2020 211122 BYRON, LISA REFUND: HUSA GIRLS & BOYS SOCCER - REC 210.00 06/23/2020 211123 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 41,809.64 06/23/2020 211124 CAMPBELL, MELISSA REFUND: 10U HJLB - REC 265.00 06/23/2020 211125 CANNON RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 581.40 06/23/2020 211126 CARD SERVICES DRINKING WATER - POLICE 10.00 06/23/2020 211127 CARS ON PATROL SHOP LLC TOW & VEHICLE REPAIRS - POLICE 226.04 06/23/2020 211128 CENTRAL MCGOWAN MISC CHEMICALS & SUPPLIES - MULTIPLE DEPTS 197.57 06/23/2020 211129 CINTAS CORPORATION CLEANING SUPPLIES & SERVICES - MULTIPLE DEPTS 136.83 06/23/2020 211130 CLARKE ENVIRONMENTAL MOSQUITO MANAG MAY 2020 MOSQUITO SPRAYING 8,662.50 06/23/2020 211131 COAST TO COAST SOLUTIONS NO DRUGS SYMBOLS - POLICE 288.27 06/23/2020 211132 COBORN'S INC 3.2 ALCOHOL PERMIT OVERPAYMENT 200.00 06/23/2020 211133 CODE PACK LLC POLY PERF W/ COLD TEMP ADHESIVE -COMPOST 1,075.14 06/23/2020 211134 CORE & MAIN LP HYDRANT PARTS - WATER 3,005.69 06/23/2020 211135 CORNER POST EROSION CONTROL LAWN RESTORATION @ 435 WASHINGTON AVE 730.80 06/23/2020 211136 CORTEZ, LISARDO REFUND: HUSA GIRLS & BOYS SOCCER - REC 210.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 6/10/20 - 6/23/20 Check Date -------------------- 06/23/2020 Check ---------------------- 211137 Vendor Name ------------------------------------------------------------------- COUNTRYSIDE FLAGPOLE Description ----------------------------------------------------------------------------------------------------- FLAGS - PARKS Amount ------------------------ 68.00 06/23/2020 211138 CREEKSIDE SOILS BITCON, 50/50 COMPOST BLACK DIRT - PARKS 40.77 06/23/2020 211139 CROW RIVER AUTO & TRUCK REPAIR 2002 SILVERADO: INSTALL NEW BRAKE LINE - STREETS 273.23 06/23/2020 211140 CROW RIVER CONSTRUCTION LLC DUST CONTROL AT LES KOUBA PARKWAY - STREETS 3,946.25 06/23/2020 211141 CROW RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 1,184.40 06/23/2020 211142 CRYSTEEL TRUCK EQUIP #244 LADDER RACK - SEWER 408.00 06/23/2020 211143 DAAK, MIKE REFUND: HJLB MAJOR LEAGUE- REC 135.00 06/23/2020 211144 DAVIS, TANYA REFUND: FAMILY OF 3 SEASON PASS - POOL 160.00 06/23/2020 211145 DC DIESEL TEK INC TANKER 6 REPAIR: SHAKE & VIBRATION @ IDLE - FIRE 158.70 06/23/2020 211146 DELEGARD TOOL CO MAINTAINER, OIL, INFLATER KIT, DUAL HEAD - HATS 323.21 06/23/2020 211147 DEMEYER, JODI REFUND: 12U HJLB - REC 265.00 06/23/2020 211148 DETTMAN, AMY REFUND: TIGER BALL - REC 75.00 06/23/2020 211149 DIVERSIFIED MGMT GROUP INC TOBACCO PERMIT OVERPAYMENT 72.92 06/23/2020 211150 DOLEZAL, CINDY REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211151 E2 ELECTRICAL SERVICES INC WIRE LIMIT SWITCH FOR HOIST - HATS 204.49 06/23/2020 211152 ECOLAB PEST ELIMINATION PEST CONTROL SERVICES - MULTIPLE DEPTS 232.10 06/23/2020 211153 EHRKE, KRISTAL REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211154 ELK RIVER COMPOSTING INC CONTRACTED COMPOST DELIVERED 8,051.68 06/23/2020 211155 EMERGENCY RESPONSE SOLUTIONS LLC ANNUAL FACE PIECE FIT TEST, SCBA FLOW TEST - FIRE 2,064.00 06/23/2020 211156 ENDRESS+HAUSER DELTABAR S PMD75 - WATER 3,845.70 06/23/2020 211157 ENRIGUE, GORETTI REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211158 ESPERCUETA, JOSEFINA REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211159 FARRELL, JILL REFUND: 13U HJLB - REC 285.00 06/23/2020 211160 FASCHING, TAMI REFUND: TIGER BALL- REC 75.00 06/23/2020 211161 FASTENALCOMPANY EYEWEAR - PARKS 35.09 06/23/2020 211162 FERGUSON WATERWORKS #2516 BOX OF COUPLINGS - WATER 229.00 06/23/2020 211163 FEUERBORN, ALLISON REFUND: HJLB MAJOR LEAGUE - REC 135.00 06/23/2020 211164 FIRE SAFETY USA INC FIRE TANKER 4 - ALUM FOLDING TANK 1,470.00 06/23/2020 211165 FIRST ADVANTAGE LNS OCC HEALTH SOLU EMPLOYEE DRUG TESTING 135.59 06/23/2020 211166 FIRST CHOICE FOOD & BEVERAGE SOLUTI COFFEE - CITY CENTER 76.00 06/23/2020 211167 FLY, DIXIE REFUND: HJLB SENIOR LEAGUE - REC 175.00 06/23/2020 211168 FORCIER, JESSICA REFUND: HUSA GIRLS & BOYS SOCCER - REC 210.00 06/23/2020 211169 FOSTER MECHANICAL CITY CENTER SERVICE CHECK & INSULATION/DUCT CLEANING 889.00 06/23/2020 211170 FRANK, STEFANIE REFUND: TIGER BALL - REC 75.00 06/23/2020 211171 FRED HOLASEK & SON INC TREES & LANDSCAPING MATERIALS - PARKS 2,759.55 06/23/2020 211172 GALLS LLC UNIFORMS & PERSONAL EQUIP - FIRE 298.46 06/23/2020 211173 GARAGHTY, MAXWELL UB refund for account: 1-480-5590-2-01 79.62 06/23/2020 211174 GAVIN, JANSSEN & STABENOW, LTD MAY LEGAL SERVICES 3,300.00 06/23/2020 211175 GILDEA, JULIE REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211176 GLENNA, CHRIS & SANDRA REFUND: AARP CANCELLED DUE TO COVID-19 - SR CENTER 36.00 06/23/2020 211177 GOFF, BRIAN REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211178 GOLDSCHMIDT, LORA REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211179 GOLDSCHMIDT, MARK REFUND: SHELTER RENTAL FOR RIVERSIDE PARK- PARKS 45.00 06/23/2020 211180 GONZALEZ, SARAH REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211181 GONZALEZ, STEPHANIE REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211182 GRAINGER REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 422.48 06/23/2020 211183 GRANDVIEW VALLEY WINERY COST OF GOODS SOLD - LIQUOR HUTCH 264.00 06/23/2020 211184 GRIEF, SUSAN REFUND: AARP SAFETY CLASS CANCELLED - SR CENTER 18.00 06/23/2020 211185 GROBE, NICOLE REFUND: TIGER BALL- REC 75.00 06/23/2020 211186 GRUSSING, JODI REFUND: FAMILY OF 5 SEASON POOL PASS 230.00 06/23/2020 211187 HAGSTROM, KELLY REFUND: 11U HJLB & TIGER BALL - REC 340.00 06/23/2020 211188 HANSEN GRAVEL INC. LANDSCAPING MATERIALS - MULTIPLE DEPTS 311.75 06/23/2020 211189 HANSEN, GEOFF REIMB: SAFETY FOOTWEAR, CASE/SCREEN PROTECTOR - STREETS 224.87 06/23/2020 211190 HANSON & VASEK CONSTRUCTION VARIOUS CONCRETE & CACH BASIN REPAIRS 7,650.00 06/23/2020 211191 HANSON, KRISTI REFUND: 10U HJLB - REC 265.00 06/23/2020 211192 HAWKINS INC SODIUM HYDROXIDE - WATER 3,834.82 06/23/2020 211193 HEARTLAND AG SYSTEMS CLAMPS, NIPPLES - HATS CAR WASH 59.92 06/23/2020 211194 HEIDEBRINK, SARA REFUND: 12U HJLB &TIGER BALL- REC 340.00 06/23/2020 211195 HEINING, MICHELLE REFUND: 13U HJLB - REC 285.00 06/23/2020 211196 HEMERICK, KARINA REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211197 HENKELMANN, GRANT REFUND: ADULT SOFTBALL - REC 630.00 06/23/2020 211198 HERD, DAVID UB refund for account: 3-125-0550-8-03 57.74 06/23/2020 211199 HJERPE CONTRACTING VARIOUS REPAIRS AND CONSTRUCTION - MULTIPLE PROJECTS 7,349.86 06/23/2020 211200 HOLLANDER, JODY REFUND: HJLB MAJOR LEAGUE - REC 135.00 06/23/2020 211201 HOWE, TAMMY REFUND: HJLB MAJOR LEAGUE - REC 135.00 06/23/2020 211202 HUSSONG, SAMANTHA REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211203 HUTCHFIELD SERVICES INC JUNE CLEANING SERVICES - HATS 1,415.00 06/23/2020 211204 HUTCHINSON CO-OP MAY FUEL & SUPPLIES - MULTIPLE DEPTS 5,532.86 06/23/2020 211205 HUTCHINSON UTILITIES MAY UTILITIES 5/1 - 6/1-20 58,190.09 06/23/2020 211206 HUTCHINSON WHOLESALE #1550 REPAIR & MAINTENANCE SUPPLIES - MULTIPLE DEPTS 120.20 06/23/2020 211207 HUTCHINSON WHOLESALE #2520 DEF FUEL CAN - FIRE 26.72 06/23/2020 211208 HUTCHINSON, CITY OF MAY WATER & SEWER - LIQUOR HUTCH 6,468.50 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 6/10/20 - 6/23/20 Check Date -------------------- 06/23/2020 Check ---------------------- 211209 Vendor Name ------------------------------------------------------------------- INNOVATIVE FOAM Description ----------------------------------------------------------------------------------------------------- EXTERIOR SIGN - EDA Amount ------------------------ 410.00 06/23/2020 211210 IVERSON, JOHN & JUDY REFUND: AARP CANCELLED DUE TO COVID-19 - SR CENTER 46.00 06/23/2020 211211 JACK'S UNIFORMS & EQUIPMENT UNDERVEST SHIRTS- POLICE 1,525.66 06/23/2020 211212 JAHNKE, JETT REFUND: HJLB MAJOR LEAGUE - REC 135.00 06/23/2020 211213 JEFFERSON FIRE & SAFETY INC NOZZLE, HOSE KEY & INTAKE VALVE - FIRE 5,503.02 06/23/2020 211214 JENNISSEN, GINA REFUND: HJLB MAJOR LEAGUE & HUSA SOCCER - REC 270.00 06/23/2020 211215 JENUM, MELANIE REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211216 JOHNSON BROTHERS LIQUOR CO. COST OF GOODS SOLD - LIQUOR HUTCH 28,660.51 06/23/2020 211217 JOHNSON, TONI REFUND: 11U HJLB & TIGER BALL - REC 625.00 06/23/2020 211218 JUUL CONTRACTING CO CENTURY AVE WATERMAIN RECONFIGURATION 110,506.96 06/23/2020 211219 KETCHER, MELISSA REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211220 KIESER, JODI REFUND: 12U HJLB - REC 265.00 06/23/2020 211221 KINSELL, MINDY REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211222 KOEHLER, AMY REFUND: TIGER BALL - REC 75.00 06/23/2020 211223 KOHLS SWEEPING SERVICE RESTRIPED CITY CENTER LOT - CITY CENTER 450.00 06/23/2020 211224 KOSEK, MICHELLE REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211225 KOTTKE, SARAH REFUND: 10U HJLB - REC 265.00 06/23/2020 211226 KRANTZ, LOIS REFUND: AARP CANCELLED DUE TO COVID-19 - SR CENTER 18.00 06/23/2020 211227 KRIPPNER, NICOLE REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211228 KROPP, CHANDA REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211229 KRUGERUD, GAYLEN REFUND: AARP CANCELLED DUE TO COVID-19 - SR CENTER 23.00 06/23/2020 211230 KUEHN, CARLA REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211231 KURTH, KELLY REFUND: 13U HJLB - REC 285.00 06/23/2020 211232 KURTH, LEAH REFUND: 13U HJLB - REC 285.00 06/23/2020 211233 KUTTNER, ANNA REFUND: HJLB MAJOR LEAGUE & TIGER BALL -REC 210.00 06/23/2020 211234 KVALE, DIRK REFUND: HUSA GIRLS SOCCER - REC 315.00 06/23/2020 211235 L & P SUPPLY CO NEW PARKS MOWER & OTHER MISC PURCHASES 16,158.83 06/23/2020 211236 LANGAN, ZYVONNE REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211237 LANO EQUIPMENT OF NORWOOD SPIN BLADE, BELT - STREETS 229.29 06/23/2020 211238 LARSON, KASSI UB refund for account: 3-320-5540-7-02 16.77 06/23/2020 211239 LEAGUE OF MN CITIES -INS TRUST INSURANCE CLAIM & 3RD QUARTER WORKER'S COMP PREMIUMS 99,771.00 06/23/2020 211240 LENTSCH, BRIDGET REFUND: HJLB SENIOR LEAGUE - REC 175.00 06/23/2020 211241 LENZ, RHONDA REFUND: 14U HJLB - REC 285.00 06/23/2020 211242 LEONARD, DIANE REFUND: FAMILY OF 7 SEASON PASS - POOL 300.00 06/23/2020 211243 LEVINE, ERIC REIMB: LICENSE RENEWAL- WATER 23.00 06/23/2020 211244 LICKFELT, RYAN UB refund for account: 2-740-8140-7-02 40.50 06/23/2020 211245 LIEN, MIKE REIMB: WINTERJACKET- WATER 119.99 06/23/2020 211246 LOCATORS & SUPPLIES MARKING PAINT - PUBLIC WORKS 105.36 06/23/2020 211247 LOCHER BROTHERS INC COST OF GOODS SOLD - LIQUOR HUTCH 67,591.20 06/23/2020 211248 LOGIS JUN APPL SUP-GIS BASE - MULTIPLE DEPTS 6,965.00 06/23/2020 211249 LOUWAGIE, LINDSEY REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211250 LYNDE & MCLEOD INC. MAY YARDWASTE ACTIVITY - COMPOST 927.71 06/23/2020 211251 M. MILLER TRUCKING CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 830.00 06/23/2020 211252 MALLAK, ERIC REFUND: 13U HJLB - REC 285.00 06/23/2020 211253 MARCO TECHNOLOGIES, LLC 5/4 - 6/3-20 ENTERPRISE CENTER CONTRACT 19.81 06/23/2020 211254 MARTIN-MCALLISTER PUBLIC SAFETY ASSESSMENT - POLICE 550.00 06/23/2020 211255 MATHENY, ANDREA REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211256 MAYLAND,AMANDA REFUND: 10U HJLB &TIGER BALL- REC 340.00 06/23/2020 211257 MCKIMM MILK TRANSIT CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 300.86 06/23/2020 211258 MCLEOD COUNTY COURT ADMINISTRATOR BAIL: I RAMIREZ - POLICE 250.00 06/23/2020 211259 MCLEOD COUNTY RECORDER PRINTING & PUBLISHING - PLANNING 92.00 06/23/2020 211260 MEI TOTAL ELEVATOR SOLUTIONS JUN-JUL ELEVATOR SERVICE - LIBRARY 188.83 06/23/2020 211261 MENARDS HUTCHINSON REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 464.23 06/23/2020 211262 MILLER, HEIDI REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211263 MINI BIFF 4/27 - 5/24 RENTAL: SHOOTING RANGE - POLICE 85.68 06/23/2020 211264 MINNESOTA PETROLEUM SERVICE TANK MONITOR CERTIFICATION -AIRPORT 435.50 06/23/2020 211265 MINNESOTA RURAL WATER ASSN LINE TRACING - MATT MAIERS - WATER 125.00 06/23/2020 211266 MINNESOTA VALLEY TESTING LAB LAB SAMPLE TESTING - MULTIPLE DEPTS 2,796.00 06/23/2020 211267 MN DEPT OF NATURAL RESOURCES PAY #9 RIVER FLOW MONITORING AGREEMENT- SEWER 3,650.00 06/23/2020 211268 MONS, CAROL REFUND: FAMILY OF 2 SEASON POOL PASS 125.00 06/23/2020 211269 MONSON, KEVIN REFUND: CAMPSITE FOR 6/20 - PARKS 30.00 06/23/2020 211270 MOSES, CHRISTINA REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211271 MUNICIPAL EMERGENCY SERVICES HAND SANITIZER - COVID - FIRE 96.42 06/23/2020 211272 NASH FINCH COMPANY 1/1 - 4/15-20 CAM - LIQUOR HUTCH 379.85 06/23/2020 211273 NAVARRO, JON REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211274 NAVRATIL, JAMES REIMB: SAFETY FOOTWEAR - WATER 89.99 06/23/2020 211275 NELSON, NICK REFUND: 13U HJLB - REC 285.00 06/23/2020 211276 NORGAARD, AMANDA REFUND: TIGER BALL - REC 75.00 06/23/2020 211277 NORTHERN BUSINESS PRODUCTS MARKERS, FAN - POLICE 45.08 06/23/2020 211278 NORTHERN STATES SUPPLY INC CONNECTORS, RINGS, ELBOWS, CABLE TIES- HATS 299.73 06/23/2020 211279 NUSS TRUCK & EQUIPMENT PIPE, EXHAUST PIPE FOR STREETS EQUIPMENT 294.53 06/23/2020 211280 NUVERA JUNE PHONE SERVICES - VARIOUS DEPTS 5,843.12 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 6/10/20 - 6/23/20 Check Date -------------------- 06/23/2020 Check ---------------------- 211281 Vendor Name ------------------------------------------------------------------- NYGAARD INDUSTRIAL PAINTING INC Description ----------------------------------------------------------------------------------------------------- BLAST OFF GALVANIZING - WWTP Amount ------------------------ 150.00 06/23/2020 211282 O'REILLY AUTO PARTS REPAIR & MAINT SUPPLIES - PARKS 627.38 06/23/2020 211283 OFFICE DEPOT OFFICE SUPPLIES - MULTIPLE DEPTS 187.36 06/23/2020 211284 ORTLOFF, RYAN REFUND: 11U HJLB - REC 265.00 06/23/2020 211285 OSTLIE, NICOLE REFUND: HJLB SENIOR LEAGUE - REC 175.00 06/23/2020 211286 OTTO, LEAH REFUND: 11U HJLB - REC 265.00 06/23/2020 211287 PAUSTIS WINE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 1,955.75 06/23/2020 211288 PEAT INC. SPHAGNUM - COMPOST 8,082.50 06/23/2020 211289 PENA, ELVIA REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211290 PENMAC STAFFING SERVICES, INC. CREEKSIDE TEMP STAFFING 749.71 06/23/2020 211291 PEOPLEREADY INC CREEKSIDE TEMP STAFFING 5,672.10 06/23/2020 211292 PERRAULT, JOE REFUND: HJLB MAJOR LEAGUE - REC 135.00 06/23/2020 211293 PETERS, SUE REFUND: HJLB MAJOR LEAGUE - REC 135.00 06/23/2020 211294 PETERSON, THERESE REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211295 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 29,779.81 06/23/2020 211296 PICHA, KRISTA REFUND: HJLB MAJOR & SR LEAGUE - REC 310.00 06/23/2020 211297 PINE PRODUCTS INC GROUND MULCH - COMPOST 4,000.00 06/23/2020 211298 PIONEER ATHLETICS PAINT, CLEANER - PARKS 197.70 06/23/2020 211299 PIONEERLAND LIBRARY SYSTEM LIBRARY GRANT PASS-THRU 2,000.00 06/23/2020 211300 POSTMASTER JULY SR NEWSLETTERS - SR CENTER 132.00 06/23/2020 211301 PREMIUM WATERS 5 GALLONS BOTTLES - PARKS 31.74 06/23/2020 211302 QUADE ELECTRIC REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 380.42 06/23/2020 211303 QUAST, BRIANNA REFUND: TIGER BALL- REC 75.00 06/23/2020 211304 RATH RACING INC TANKER 6 REPAIR - FIRE 547.50 06/23/2020 211305 RD MACHINE SUMP HOLE COVER - WWTP 1,200.00 06/23/2020 211306 REID, DYLAN REIMB: SAFETY FOOTWEAR - PARKS 149.99 06/23/2020 211307 REINER ENTERPRISES INC CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 17,463.11 06/23/2020 211308 REINER,MITCHELL REFUND: ADULT SOFTBALL -REC 630.00 06/23/2020 211309 RETTMANN, MANDI REFUND: TIGER BALL - REC 75.00 06/23/2020 211310 REVIER WELDING ROLL OFF TRUCK - WELDING SERVICES - REFUSE 380.30 06/23/2020 211311 RIDGEWATER COLLEGE EMIR REFRESHER 5/28/20 - POLICE 640.00 06/23/2020 211312 RISLUND, KIMBERLY REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211313 RITCHIE, EMILY REFUND: TIGER BALL- REC 75.00 06/23/2020 211314 RNLTRANSPORT LLC CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 730.00 06/23/2020 211315 ROACH, DANIEL REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211316 ROCK HANTGE, CHRISTIE REFUND: 11U HJLB - REC 265.00 06/23/2020 211317 RUNNING'S SUPPLY REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 326.72 06/23/2020 211318 SANKEN, JACOB REFUND: HUSA GIRLS SOCCER - REC 210.00 06/23/2020 211319 SCHLUETER, DAWN REFUND: 12U HJLB - REC 265.00 06/23/2020 211320 SCHLUETER, TIMOTHY REFUND: ADULT SOFTBALL - REC 630.00 06/23/2020 211321 SCHMIDT, BEN REIMB: SAFETY FOOTWEAR - COMPOST 143.99 06/23/2020 211322 SCHMITZ, CARRIE REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211323 SCHUETTE, KERI REFUND: 11U HJLB - REC 265.00 06/23/2020 211324 SCHUMACHER, KATIE REFUND: 10U & 13U HJLB - REC 550.00 06/23/2020 211325 SCHUMANN, MIKE REFUND: LEGION BASEBALL -KYLE - REC 650.00 06/23/2020 211326 SEAY, JEFFREY REFUND: HJLB SR LEAGUE - REC 175.00 06/23/2020 211327 SHAW, LYLE REFUND: AARP CANCELLED DUE TO COVID-19 - SR CENTER 23.00 06/23/2020 211328 SHI INTERNATIONAL CORP MICROSOFT OFFICE SOFTWARE - MULTIPLE DEPTS 1,356.00 06/23/2020 211329 SIMONS, SARAH REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211330 SITEONE LANDSCAPE SUPPLY HERBICIDE CONTAINERS- PARKS 1,352.59 06/23/2020 211331 SKYVIEW DAIRY CONDITHONAL USE PREMIT REFUND - PLANNING 496.00 06/23/2020 211332 SKYVIEW DAIRY INC 6/2 COMPOST YARDS 2,871.64 06/23/2020 211333 SLETTEN, TANYA REFUND: 13U HJLB - REC 285.00 06/23/2020 211334 SMITH, ERIKA REFUND: 11U HJLB & MAJOR LEAGUE - REC 400.00 06/23/2020 211335 SNIDER, KATY REFUND: HUSA BOYS SOCCER - REC 210.00 06/23/2020 211336 SOUTHERN MINNESOTA INSPECTION AUTO -LIFT INSPECTIONS- PARKS, HATS 828.20 06/23/2020 211337 SOUTHERN WINE & SPIRITS OF MN COST OF GOODS SOLD - LIQUOR HUTCH 37,907.93 06/23/2020 211338 SPERL, MIRA REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211339 SPRING LAKE ENGINEERING SCADA SUPPORT: MAY SERVICES- WWTP 2,371.00 06/23/2020 211340 STANDARD PRINTING-N-MAILING POSTAGE - MULTIPLE DEPTS 29.95 06/23/2020 211341 STAR TRIBUNE 6/11/20 - 12/10/20 - 26 WEEKS SUBSCRIPTION - MULTIPLE DEPTS 258.96 06/23/2020 211342 STIRAS, JENELLE REFUND: 10U HJLB - REC 265.00 06/23/2020 211343 STREICH TRUCKING CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 1,992.50 06/23/2020 211344 STREICH, SHANNON REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211345 SUNCOAST GARDEN PRODUCTS INC. TIGER HAMMOCK CYPRESS BLEND - COMPOST 5,254.20 06/23/2020 211346 TARGET PEST CONTROL PEST CONTROL SERVICES - FIRE 100.00 06/23/2020 211347 THODE, SARA REFUND: HJLB MAJOR LEAGUE- REC 135.00 06/23/2020 211348 THOMPSON, SHEILA REFUND: HUSA BOYS SOCCER - REC 210.00 06/23/2020 211349 THOMSON REUTERS-WEST MAY WEST INFO CHARGES- MULTIPLE DEPTS 1,216.05 06/23/2020 211350 TOUTGES, ALICIA REFUND: TIGER BALL - REC 75.00 06/23/2020 211351 TRANA, TIFFANY REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211352 TREBESCH, MELISSA REFUND: HUSA GIRLS SOCCER - REC 105.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 6/10/20 - 6/23/20 Check Date -------------------- 06/23/2020 Check ---------------------- 211353 Vendor Name ------------------------------------------------------------------- TRI COUNTY WATER Description ----------------------------------------------------------------------------------------------------- BOTTLE WATER DELIVERY - POLICE Amount ------------------------ 135.50 06/23/2020 211354 TROUT, JESSICA REFUND: INDIVIDUAL PASS - POOL 90.00 06/23/2020 211355 ULLOM, KYLE REFUND: HJLB MAJOR LEAGUE - REC 135.00 06/23/2020 211356 UNITED FARMERS COOP MID -GRADE LEAD FREE FUEL FILL -HATS 12,669.19 06/23/2020 211357 VACEK, JACOB REFUND: TIGER BALL - REC 75.00 06/23/2020 211358 VALLACHER, TIM UB refund for account: 2-675-5540-0-01 20.68 06/23/2020 211359 VAN MAREL, HEIDI REFUND: 10U & 13U HJLB - REC 550.00 06/23/2020 211360 VANDER PLOEG, DANIELLE REFUND: TIGER BALL - REC 75.00 06/23/2020 211361 VER-TECH SOLUTIONS & SERVICES JUNE DISH MACHINE RENTAL- SR DINING 69.95 06/23/2020 211362 VERDECK, RYAN REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211363 VERIZON CONNECT NWF, INC. MAY SERVICES - STREETS 72.10 06/23/2020 211364 VERIZON WIRELESS APR 24 - MAY 23, 2020 PHONE SERVICES - MULTIPLE DEPTS 3,695.06 06/23/2020 211365 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 21,482.60 06/23/2020 211366 VIKING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 510.50 06/23/2020 211367 VIKING SIGNS & GRAPHICS INC VINYL NUMBERS - FIRE STATION 65.00 06/23/2020 211368 VINOCOPIA INC COST OF GOODS SOLD - LIQUOR HUTCH 876.05 06/23/2020 211369 VISSER, SHANNON REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211370 WASTE MANAGEMENT OF WI -MN 5/16 - 5/31-20 RESIDENTIAL REFUSE 6,032.43 06/23/2020 211371 WATERVILLE FOOD & ICE COST OF GOODS SOLD -LIQUOR HUTCH 899.32 06/23/2020 211372 WEHSELER, AMY REFUND: HUSA BOYS SOCCER - REC 105.00 06/23/2020 211373 WELCOME NEIGHBOR HUTCH NEW RESIDENT VISITS - LIQUOR HUTCH 60.00 06/23/2020 211374 WELSCH, TIM REFUND: 12U HJLB - REC 265.00 06/23/2020 211375 WENDLING, ROSS REFUND: HJLB MAJOR LEAGUE - REC 135.00 06/23/2020 211376 WENZEL, JESSICA REFUND: FAMILY OF 2 SEASON PASS - POOL 125.00 06/23/2020 211377 WEROWINKSI, LEAH REFUND: 11U HJLB - REC 265.00 06/23/2020 211378 WERTZ, MELISSA REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211379 WEST CENTRAL SANITATION INC. MAY REFUSE - VARIOUS DEPTS 48,857.89 06/23/2020 211380 WICHMAN, KELSEY REFUND: TIGER BALL - REC 75.00 06/23/2020 211381 WICK, ANNIE REFUND: 11U HJLB - REC 265.00 06/23/2020 211382 WIGERN, ANDREA REFUND: HUSA GIRLS SOCCER- REC 105.00 06/23/2020 211383 WILSON'S NURSERY INC DEVELOPMENT & FDP TREES - FORESTRY 619.30 06/23/2020 211384 WINE COMPANY, THE COST OF GOODS SOLD - LIQUOR HUTCH 924.40 06/23/2020 211385 WINE MERCHANTS INC COST OF GOODS SOLD - LIQUOR HUTCH 1,216.10 06/23/2020 211386 WITTE, SARA REFUND: 12U HJLB - REC 265.00 06/23/2020 211387 WM MUELLER & SONS 3/8" 6.5% ASPHALT - STREETS 2,818.80 06/23/2020 211388 WOLLAN, ANDREA REFUND: HUSA GIRLS SOCCER - REC 105.00 06/23/2020 211389 WOLTERS, DAVID REFUND: CAMPSITE FOR 6/11-6/13 - PARKS 95.00 06/23/2020 211390 YRJO, MARK UB refund for account: 2-035-6160-1-03 6.07 06/23/2020 211391 ZIEGLER, DOREEN REFUND: 12U HJLB - REC 265.00 06/23/2020 211392 APX CONSTRUCTION GROUP, LLC PAY APP #2 THRU 5/31/20 - REC CENTER 66,699.54 06/23/2020 211393 FIEBIGER, KIMBER 2020 SCULPTURE STROLL 1,000.00 06/23/2020 211394 SNOWFIRE STUDIO - KARMAN RHEAULT 2020 SCULPTURE STROLL 1,000.00 Total - Check Disbursements: $ 903,835.11 Department Purchasing Card Activity - May 2020 Date Dept Vendor Name Description Amount O5/04/2020 PLANNING AMAZON Sign holders & stands - Covid-19 154.27 05/07/2020 PLANNING AMAZON Stanchions - Covid-19 139.90 05/13/2020 PLANNING AMAZON Return: stanchions - Covid-19 (69.95) 05/13/2020 PLANNING AMAZON Return: stanchions - Covid-19 (69.95) 05/21/2020 PLANNING AMAZON 2-way communicators - Covid-19 4,038.34 05/06/2020 PARK AND REC AMAZON Thermometer 105.98 05/06/2020 PARK AND REC AMAZON Thermometer 105.98 05/06/2020 PARK AND REC AMAZON Thermometer 105.97 05/11/2020 PARK AND REC AMAZON Thermal laminating paks 37.99 05/20/2020 PARK AND REC TRACFONE Tracfone data 10.00 05/07/2020 CREEKSIDE L & M FLEET SUPPLY Consumer complaint reimbursement 25.00 05/11/2020 CREEKSIDE SPS COMMERCE April 2020 SPS fees for United Hardware and Bomgaars 281.05 05/14/2020 CREEKSIDE US COMPOSTING COUNCIL US Composting Council membership dues 207.50 05/14/2020 CREEKSIDE US COMPOSTING COUNCIL US Composting Council membership dues 207.50 05/14/2020 CREEKSIDE US COMPOSTING COUNCIL STA certification renewal 525.00 05/18/2020 CREEKSIDE TARGET COVID-19 Disinfectant wipes 4.84 05/18/2020 CREEKSIDE CASH WISE FOODS Staff break room coffee 19.50 05/18/2020 CREEKSIDE CASH WISE FOODS Office break room coffee 19.51 05/18/2020 CREEKSIDE TARGET COVID-19 Disinfectant wipes 4.84 05/20/2020 CREEKSIDE TARGET COVID-19 Disinfectant wipes 6.46 05/20/2020 CREEKSIDE TARGET COVID-19 Disinfectant wipes 6.46 05/04/2020 FINANCE AMAZON Office supplies for City Center 49.67 05/05/20201 FINANCE AMAZON 2020 Amazon Business Prime fee for City Account 499.00 05/06/20201 FINANCE JAMAZON Folder fasteners for Lega1 57.12 Department Purchasing Card Activity - May 2020 Date -------------------- 05/06/2020 Dept ---------------------- FINANCE Vendor Name ------------------------------------------------------------------- AMAZON Description ----------------------------------------------------------------------------------------------------- File Folders, Paper for City Center Amount ------------------------ 41.74 05/15/2020 FINANCE GOVT FINANCE OFFICERS ASSN - GFOA 2020 GFOA dues for Reid and Juergensen 340.00 05/15/2020 FINANCE WAL-MART Soda for City Center vending machine 86.92 05/18/2020 FINANCE AMAZON Covid supplies alcohol wipes 127.96 05/19/2020 FINANCE AMAZON Pens, envelopes, calculators for DMV 163.34 05/19/2020 FINANCE AMAZON Clear Packing Tape for DMV 11.79 05/19/2020 FINANCE AMAZON Laminating pouches City Center 12.49 05/19/2020 FINANCE AMAZON Covid supplies disinfectant wipes 49.00 05/25/2020 FINANCE AMAZON Covid supplies disinfectant wipes City Center 80.97 05/25/2020 FINANCE AMAZON Clear Packing Tape for City Center 21.49 05/O1/2020 LIQUOR HUTCH RETAIL INFORMATION TEC Tech support 1,175.63 05/O1/2020 LIQUOR HUTCH FACEBOOK Facebook advertising 27.08 05/O1/2020 LIQUOR HUTCH AMAZON Magnetic strip for cooler shelf tags 40.04 05/O1/2020 LIQUOR HUTCH MENARDS HUTCHINSON Lightbulbs hand sanitizer 17.61 05/04/2020 LIQUOR HUTCH ACE HARDWARE - 1315 Repair kit for breakroom sink 13.99 05/04/2020 LIQUOR HUTCH AMAZON Basket for change - received damaged - credit for return (14.19) 05/04/2020 LIQUOR HUTCH ACE HARDWARE - 1315 Breakroom sink kit repair 2.00 05/07/2020 LIQUOR HUTCH ACE HARDWARE - 1315 Padlock for new outside ice freezer 14.99 05/13/2020 LIQUOR HUTCH AMAZON 2 cables for POS handheld scanners 30.66 05/15/2020 LIQUOR HUTCH RETAIL INFORMATION TEC Ecommerce site design 908.44 05/18/2020 LIQUOR HUTCH RETAIL INFORMATION TEC Monthly POS software fee 213.75 05/22/2020 LIQUOR HUTCH ENTERTAINING ESSENTIALS Misc items for resale 221.87 05/25/2020 LIQUOR HUTCH EIG CONSTANTCONTACT.COM Email blast advertising 70.00 05/O1/2020 PUBLIC WORKS MCLEOD COUNTY HIGHWAY DEPT Row utility permit -county 131.00 05/06/2020 PUBLIC WORKS PAYPAL HATS carwash pump packing 40.70 05/06/2020 PUBLIC WORKS PAYPAL HATS carwash pump packing 19.99 05/06/2020 PUBLIC WORKS SMARTSIGN SLOW signs for Hutch Health Covid-19 drive-thru testing site 146.68 05/08/2020 PUBLIC WORKS PAYPAL HATS carwash pump packing 39.36 05/11/2020 PUBLIC WORKS INDUSTRIAL SAFETY PRODUCT Confined space lifeline ropes 300.77 05/12/2020 PUBLIC WORKS AMERICAN LIFEGUARD PROD Ropes for floatation rings for open tanks 136.05 05/12/2020 PUBLIC WORKS GOLDSTAR PRODUCTS INC Rust converter 2,906.65 05/14/2020 PUBLIC WORKS U OF M CONTLEARNING Refund Shade Tree Course - Donovan S (225.00) 05/14/2020 PUBLIC WORKS U OF M CONTLEARNING Refund Shade Tree Course - Chris H (225.00) 05/14/2020 PUBLIC WORKS AMAZON Hand sanitizer- Covid-19 40.00 05/20/2020 PUBLIC WORKS AMAZON Face masks - Covid-19 95.59 05/21/2020 PUBLIC WORKS AMAZON Hand soap - Covid-19 23.28 05/21/2020 PUBLIC WORKS AMAZON Hand sanitizer - Covid-19 54.99 05/22/2020 PUBLIC WORKS NATIONAL PRODUCTS #244 computer cab mount 333.20 05/27/2020 PUBLIC WORKS ASPHALT KINGDOM #113 sprayer pump w/ connection kit 1,751.00 05/19/2020 ADMIN WAL-MART Folders for Candidate Filings 3.50 05/21/2020 EDA MENARDS HUTCHINSON WEED-B-Gone spray for lawn 16.17 05/04/2020 POLICE CHI NOOK MEDICAL GEAR INC Tourniquet pouches 75.95 05/19/2020 POLICE AMAZON Lithium batteries 75.96 05/08/2020 FIRE WAL-MART Wireless keyboard and mouse for Chief computer 19.98 05/08/2020 FIRE WAL-MART Water, coffee, kitchen supplies for station 149.50 05/22/2020 FIRE DPS FIREFIGHTER LICENSING FF MBFTE licensing, for 3/4 of the dept 450.00 05/22/2020 FIRE DPS FIREFIGHTER LICENSING FF MBFTE licensing, for 1/4 of the dept 1,800.00 05/25/2020 FIRE MCDONALD'S Food for all FF working a multi -hour structure fire 105.88 05/O1/2020 IT AMAZON Monitor Stand 74.99 05/O1/2020 IT AMAZON Monitor Stand 149.98 05/04/2020 IT AMAZON Phone Cord 7.95 05/04/2020 IT AMAZON Plotter Paper 41.98 05/08/2020 IT GLOBALONETECHNOLOGY Server hard drives for backup 427.63 05/08/2020 IT GLOBALONETECHNOLOGY Server hard drives for backup 18.20 05/08/2020 IT GLOBALONETECHNOLOGY Server hard drives for backup 15.16 05/08/2020 IT GLOBALONETECHNOLOGY Server hard drives for backup 24.26 05/08/2020 IT GLOBALONETECHNOLOGY Server hard drives for backup 455.93 05/08/2020 IT GLOBALONETECHNOLOGY Server hard drives for backup 36.39 05/08/2020 IT GLOBALONETECHNOLOGY Server hard drives for backup 178.93 05/08/2020 IT GLOBALONETECHNOLOGY Server hard drives for backup 178.50 05/08/2020 IT AMAZON DVD burner 29.99 05/11/2020 IT AMAZON Velcro 12.54 05/11/2020 IT AMAZON Laptop case for Covid-19 laptop purchase 24.90 05/11/2020 IT AMAZON USB Hub for tills 114.48 05/11/2020 IT AMAZON HDMI cable and converter for new scale monitor 14.89 05/11/2020 IT AMAZON HDMI cables for new monitors 13.99 05/20/2020 IT PDQCOM PDQ support and maintenance 1,350.00 05/20/2020 IT AMAZON 2nd DVD Burner 44.62 05/25/2020 IT SMARTDRAW Network Diagram software for Dan Nordmann 297.00 05/25/2020 IT JAMAZON CD - DVD for Body cams 48.86 05/28/2020 IT ILOGMEIN GOTOMEETING GoToMeeting Local number option Covid19 10.79 Total - P-Card Disbursements: I $ 21,967.71 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: CONTINUATION OF PUBLIC HEARING TO CONSIDER ADOPTING A MODIFI& Department: EDA LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff F1 Public Hearing Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Rite -Way Conveyors is planning to expand in Hutchinson with a 40,500 square foot manufacturing building in the city's industrial park. The new facility will be built by Systems West, Inc., builders of Litchfield and owned by Droptine Properties, LLC, which is the developer on the project and will lease the building to Rite -Way Conveyors. Rite -Way hopes to purchase the building at a later date. To encourage the developer to undertake the project and to make it economically feasible, it is being proposed that an economic development tax increment financing (TIF) district be established to help offset the cost of land acquisition. By establishing an economic development TIF District for the project, the City will be able to sell the lot to the developer for $1, but then capture future property taxes generated by the project and reimburse itself for the full cost of the lot. Enclosed in your Council packet please find: 1. Staff memorandum providing additional details on the project. 2. The TIF Plan, entitled "Modification to the Development Program for Development District No. 4 and the Tax Increment Financing Plan for the establishment of Tax Increment Financing District No. 4-21 (an economic development district)" 3. Resolution adopting the TIF Plan 4. Resolution authorizing an inter -fund loan (to cover the costs of establishing the TIF District) 5. Development Agreement between the City and Droptine Properties, L.L.C. 6. Real Estate Purchase Agreement with Droptine Properties, L.L.C. 7. Lease Agreement with Droptine Properties LLC (temporarily leasing the lot so construction can begin immediately) At the public hearing, EDA staff will provide a report on the promect and the proposed TIF District. BOARD ACTION REQUESTED: 1. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Hutchinson MJNNCSOTA'S MANUFACTURING CITY MEMORANDUM Date: June 12, 2020 To: Honorable Mayor & City Council From: Miles Seppelt, EDA Director RE: Details of TIF 4-21 (Rite Way Conveyor Project) EXECUTIVE SUMMARY For a number of months, the EDA has been talking with Systems West, Inc. (a builder based in Litchfield) about the possibility of doing a building project in Hutchinson's industrial park. Their website: www.systemswestinc.com The original idea was that the City would sell Systems West a lot in the industrial park for $1; they would then build an industrial "Spec" building in the industrial park, and the EDA would market the building in order to recruit a new manufacturer to the community. Hutchinson would gain a significant advantage in recruiting a new manufacturer to town because we would have a new industrial building available immediately. At the same time, the EDA was talking with Rite -Way Conveyors about possibly expanding in Hutchinson. These two opportunities have merged into the project you'll considering at the City Council meeting of June 23ra The plan is that Systems West will construct a 40,500 square foot manufacturing building that will be owned by Droptine Properties, LLC, which will be the developer on the project. Rite -Way Conveyors will initially lease and hopefully later purchase the building from Droptine Properties, LLC. To encourage the developer to undertake the project and to make the project economically feasible, it is being proposed that the City sell a 7.5-acre lot to Droptine Properties, LLC for $1. By establishing an economic development Tax Increment Financing (TIF) District, the city will be able to capture the property taxes generated by the project over the next 8 years and reimburse itself for the true cost of the lot, which is $326,675. These dollars would go into the city's Community Improvement Fund. THE COMPANY: RITE WAY CONVEYORS Below is an excerpt from the company's website: https://ritewayconveyors.com/ RiteWay Conveyors, Inc. was founded in 1999 and began as an installer of conveyor systems for the package handling industry. Today, we have diversified to provide highly efficient, custom turn -key conveyor solutions, including Manufacturing, Engineering, Protect Management and Integration. We are committed to delivering a superior customer experience. Our engineering team will help you with any new designs and manufacture for your 1st Article of Inspection. Whether you are looking for power belted conveyors, chutes and gravity to container handling equipment (CHE) or any accessories, we are well prepared to provide you with an excellent customer experience. From start to finish, our team will work to design, create, and install a conveyor system that best suits your unique operational and package handling needs. Whatever your material handling project, we are 100% committed to completing it with your quality, budget and timeline in mind. Some photos of the conveyors and related items Rite Way manufactures: EMPLOYMENT / JOB CREATION & WAGES / COMPANY PROSPECTS 26 existing jobs will be moving to Hutchinson. Because of very high demand, the company is in the process of adding 4 additional employees over the next several months. Once the new building is complete, Rite -Way projects at least 2 additional new jobs will be created within two years of the new facility opening. (NOTE: due to the uncertain economy we're being extremely conservative about this...) TYPICAL WAGES: $14 to $25 / hour, depending on skills and the position they're hired for. BENEFITS ■ 9 paid holidays ■ Paid vacation ■ Health insurance ■ Dental ■ Vision ■ 401K Retirement CURRENT BUSINESS STATUS "We are swamped due to the fact that we manufacture conveyors for Amazon, UPS, DHL and FedEx"— Denise Johnson, President / CEO PROPOSED BUILDING & SITE LAYOUT The initial project will be a 35,000 square foot manufacturing facility with 5,500 sf of offices on the east side. Room on the lot is being included for a potential future expansion. PROJECT LOCATION The project would be on a 7.5-acre lot located in the city's industrial park at the intersection of Industrial Blvd. and Hackbarth Street (just east from Impressions, Inc.). The address is 1105 Benjamin Avenue SE. PROPOSED SITE PLAN ■ Roughly 1.75 acres on the north end of the lot could be left over and potentially used for other purposes. ■ For the time being, the plan is to sell the entire 7.5 acre parcel to Systems West, but the City has included a 'buy-back' provision (for $1) in the purchase agreement in case we decide to replat that area and create a new industrial park lot. TAX BASE / PROPERTY TAXES Per the county assessor, the Estimated Market Value of the project will be $1,502,700. Annual property taxes will be approximately $59,500. The majority of the new property taxes generated would be captured by the economic development TIF District to reimburse the city for the cost of the lot. TIF PROJECTION / REIMBURSEMENT FOR LAND COST Cost of Land = $326,675 (this is for the entire 7.5 acre lot at $1 per square foot) Projected TIF = $362,129 (assuming 0% inflation) $412,127 (assuming 3% inflation) TIF District Duration = 8 years The projected tax increment will be sufficient to reimburse the City for the cost of the land. Funds would flow into the City's Community Improvement Fund to repay the amount invested when the industrial park was first established. PROJECT TIME -LINE June 23rd City Council considers establishment of economic development TIF District Late June Construction begins December 315Y Manufacturing section of the building would be ready. 2021 February 28t" Office area of the building would be completed. Spring Final landscaping, etc. Project complete. REQUESTED CITY COUNCIL ACTIONS 1. Approval of resolution establishing the TIF District. 2. Approval of resolution authorizing an interfund loan in the amount of $15,000 from the SHOPKO TIF District (so we can pay for the TIF Consultant; this loan would then be repaid, with interest, from the new TIF District). 3. Approval of the Development Agreement with Droptine Properties, LLC. 4. Approval of the Purchase Agreement with Droptine Properties, LLC. 5. Approval of a short-term lease with Droptine Properties, LLC (this would allow the company to start work on the site as soon as possible, covering the period up to final closing on the property.) 6. First reading of the ordinance authorizing sale of municipally owned property to Droptine Properties, LLC. (This will be covered under New Business). (second reading and adoption would be at the City Council meeting of July 14t", 2020) ENCLOSURES For your review the following documents are enclosed: 1. TIF Plan for tax increment district 4-21 2. Resolution establishing TIF District 4-21. 3. Resolution authorizing Interfund Loan 4. Purchase Agreement 5. Development Agreement 6. Land Sale Ordinance 7. Lease agreement EDA staff will be at the Council meeting with a report on the project and proposed TIF District. QUESTIONS In the meantime, if you have any questions or need additional information, please email or give me a call at (320) 234-4223 (office) or (320) 266-7320 (mobile). ECONOMIC DEVELOPMENT & REDEVELOPMENT 9 MODIFICATION TO THE DEVELOPMENT PROGRAM Development District No. 4 -AND - TAX INCREMENT FINANCING PLAN Establishment of Tax Increment Financing District No. 4-21 (an economic development district) City of Hutchinson, McLeod County, Minnesota Public Hearing: May 26, 2020 \FREERS BUILDING COMMUNITIES. IT'S WHAT WE DO. ® info@ehlers-inc.com 1 (800) 552-1171 ® www.ehiers-inc.com LEADERS IN PUBLIC FINANCE Table of Contents Modification to the Development Program for Development District No. 4...................................3 Foreword................................................................................................................................... 3 Tax Increment Financing Plan for Tax Increment Financing District No. 4-21 ..............................4 Foreword................................................................................................................................... 4 StatutoryAuthority....................................................................................................................4 Statementof Objectives............................................................................................................4 Development Program Overview..............................................................................................4 Description of Property in the District and Property to be Acquired..........................................5 Classification of the District.......................................................................................................5 Duration and First Year of Tax Increment of the District...........................................................6 Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements.......................................................................6 Sources of Revenue/Bonds to be Issued..................................................................................7 Usesof Funds...........................................................................................................................8 Estimated Impact on Other Taxing Jurisdictions.......................................................................9 Supporting Documentation.....................................................................................................10 Administration of the District...................................................................................................11 Appendix A: Map of Development District No. 4 and the TIF District.....................................12 Appendix B: Estimated Cash Flow for the District..................................................................13 Appendix C: Findings Including But/For Qualifications..........................................................14 City of Hutchinson Tax Increment Financing District No. 4-21 2 Modification to the Development Program for Development District No. 4 Foreword The following text represents a Modification to the Development Program for Development District No. 4. This modification represents a continuation of the goals and objectives set forth in the Development Program for Development District No. 4. Generally, the substantive changes include the establishment of Tax Increment Financing District No. 4-21. For further information, a review of the Development Program for Development District No. 4, is recommended. It is available from the Economic Development Director at the City of Hutchinson. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Development District No. 4. City of Hutchinson Tax Increment Financing District No. 4-21 Tax Increment Financing Plan for Tax Increment Financing District No. 4-21 Foreword The City of Hutchinson (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 4-21 (the "District"), an economic development tax increment financing district, located in Development District No. 4. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the City has certain statutory powers pursuant to Minnesota Statutes ("M.S.'), Sections 469.124 - 469.133, inclusive, as amended, and M.S., Sections 469.174 to 469.1794, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Development Program for Development District No. 4. Statement of Objectives The District currently consists of one parcel of land and adjacent and internal rights -of -way. The District is being created to facilitate the construction of a 40,000 square foot manufacturing building that will be leased to a manufacturer for approximately five years after which the tenant will purchase the building. The City will sell the lot to the developer for $1 and be reimbursed for the land write down -with tax increments. Development is anticipated to begin in Spring 2020. This TIF Plan is expected to achieve many of the objectives outlined in the Development Program for Development District No. 4. The activities contemplated in the Modification to the Development Program and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Development District No. 4 and the District. Development Program Overview Pursuant to the Development Program and authorizing state statutes, the City is authorized to undertake the following activities in the District: 1. Property to be Acquired - The City currently owns one parcel of property within the District. The remaining property located within the District may be acquired by the City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. City of Hutchinson Tax Increment Financing District No. 4-21 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements, the City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District. 5. The City proposes both public and private infrastructure within the District. The proposed reuse of private property within the District will be for a manufacturing facility and related space, and there will be continued operation of Development District No. 4 after the capital improvements within Development District No. 4 have been completed. Description of Property in the District and Property to be Acquired The District encompasses all property and adjacent rights -of -way and abutting roadways identified by the parcels listed below. 1 23-494-0020 1105 Benjamin Ave SE City Please also see the map in Appendix A for further information on the location of the District. The City currently owns the one parcel of the property to be included in the District. Only a portion of the parcel will be included in the District, as the parcel will be split. Classification of the District The City, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1794, as amended, inclusive, finds that the District, to be established, is an economic development district pursuant to M.S., Section 469.174, Subd. 12. The District is in the public interest because it will meet the statutory requirement of discouraging commerce, industry, or manufacturing from moving their operations to another state or municipality; resulting in increased employment in the State; and resulting in preservation and enhancement of the tax base of the State. Pursuant to M.S., Section 469.176, Subd. 4c, revenue derived from tax increment from an economic development district may not be used to provide improvements, loans, subsidies, grants, interest rate subsidies, or assistance in any form to developments consisting of buildings and ancillary facilities, if more than 15 percent of the buildings and facilities (determined on the basis of square footage) are used for a purpose other than: (1) The manufacturing or production of tangible personal property, including processing resulting in the change in condition of the property; (2) Warehousing, storage, and distribution of tangible personal property, excluding retail sales; City of Hutchinson Tax Increment Financing District No. 4-21 (3) Research and development related to the activities listed in items (1) or (2); (4) Telemarketing if that activity is the exclusive use of the property; or (5) Tourism facilities; (6) Space necessary for and related to the activities listed in items (1) to (5); or (7) A workforce housing project that satisfies the requirements of M.S., Section 469.176, Subd. 4c(d). The facilities in the District meet the conditions of Purposes 1, 2, and 6. The District is being created to assist in the construction of a manufacturing facility the Developer will be leased with the option to purchase. The proposed facility will be used for manufacturing conveyors and related activities. Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111, 273.112, or 273.114 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Duration and First Year of Tax Increment of the District Pursuant to M.S., Section 469.175, Subd. 1, and M.S., Section 469.176, Subd. 1, the duration of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b., the duration of the District will be 8 years after receipt of the first increment by the City. The date of receipt by the City of the first tax increment is expected to be 2022. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2030, or when the TIF Plan is satisfied. If increment is received in 2021, the term of the District will be 2029. The City reserves the right to decertify the District prior to the legally required date. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2019 for taxes payable 2020. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2022) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court -ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. City of Hutchinson Tax Increment Financing District No. 4-21 In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured, and no tax increment will be payable to the City. The original local tax rate for the District will be the local tax rate for taxes payable 2020, assuming the request for certification is made before June 30, 2020. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Development District No. 4, upon completion of the projects within the District, will annually approximate tax increment revenues as shown in the table below. The City requests 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2022. The Project Tax Capacity (PTC) listed is an estimate of values when the projects within the District are completed. Project estimated Tax Capacity upon completion Original estimated Net Tax Capacity Estimated Captured Tax Capacity Original Local Tax Rate Estimated Annual Tax Increment Percent Retainted by the City $37,121 1 970 $35,152 164.1470% Pay 2020 $57,701 100% Note: Tax capacity includes a 3% inflation factor for the duration of the District. The tax capacity included in this chart is the estimated tax capacity of the District in year 9. The tax capacity of the District in year one is estimated to be $29,305. Pursuant to M.S., Section 469.177, Subd. 4, the City shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City is reviewing the area to be included in the District to determine if any building permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the City. Sources of Revenue/Bonds to be Issued The total estimated tax increment revenues for the District are shown in the following table: City of Hutchinson Tax Increment Financing District No. 4-21 • Tax Increment $ 460,000 Interest 46,000 TOTAL $ 506,000 The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. As presently proposed, the projects within the District will be financed by interfund loans. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the City to incur debt. The City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments from the District in a maximum principal amount of $416,000. Such bonds may be in the form of pay-as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Uses of Funds Currently under consideration for the District is a proposal to facilitate the construction of a 40,000 sf manufacturing building that will be leased to a manufacturer for approximately five years after which the tenant will purchase the building. The City will sell the lot to the developer for $1 and be reimbursed for the land write down with increments. The City has determined that it will be necessary to provide assistance to the project(s) for certain District costs, as described. The City has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. Land/Building Acquisition $ 350,000 Site Improvements/Preparation - Affordable Housing - Utilities - Other Qualifying Improvements 20,000 Ad m in istrative Costs (u p to 10%) 46,000 PROJECT COSTS TOTAL $ 416,000 Interest 90,000 PROJECT AND INTEREST COSTS TOTAL $ 506,000 The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in the Sources of Revenue section. City of Hutchinson Tax Increment Financing District No. 4-21 Estimated capital and administrative costs listed above are subject to change among categories by modification of the TIF Plan without hearings and notices as required for approval of the initial TIF Plan, so long as the total capital and administrative costs combined do not exceed the total listed above. Further, the City may spend up to 20 percent of the tax increments from the District for activities (described in the table above) located outside the boundaries of the District but within the boundaries of the Project (including administrative costs, which are considered to be spend outside the District), subject to all other terms and conditions of this TIF Plan. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the City has determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: McLeod County 40,577,603 City of Hutchinson 11,220,809 ISD No. 423 18,536,711 35,152 35,152 35,152 0.0866% 0.3133% 0.1896% Impact on Tax Rates Entity Pay 2020 Percent TotalPotential • of oTaxes McLeod County 59.8090% 36.44% 35,152 $ 21,024 City of Hutchinson 66.4730% 40.50% 35,152 23,367 ISD No. 423 34.2530% 20.87% 35,152 12,041 Other 3.6120% 2.20% 35,152 1,270 164.1470% 100.00% $ 57,701 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the Pay 2020 rate. The total net capacity for the entities listed above are based on Pay 2020 figures. The District will be certified under the Pay 2020 rates. Pursuant to M.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $457,919; (2) Probable impact of the District on city provided services and ability to issue debt. An City of Hutchinson Tax Increment Financing District No. 4-21 impact of the District on police protection is expected. With any addition of new residents or businesses, police calls for service will be increased. New developments add an increase in traffic, and additional overall demands to the call load. The City does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. The probable impact of the District on fire protection is not expected to be significant. Typically, new buildings generate few calls, if any, and are of superior construction. The City does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. The impact of the District on public infrastructure is expected to be minimal. The development is not expected to significantly impact any traffic movements in the area. The current infrastructure for sanitary sewer, storm sewer and water will be able to handle the additional volume generated from the proposed development. Based on the development plans, there are no additional costs associated with street maintenance, sweeping, plowing, lighting and sidewalks. The probable impact of any District general obligation tax increment bonds on the ability to issue debt for general fund purposes is expected to be minimal. It is not anticipated that there will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $95,555; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $166,849; (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. Supporting Documentation Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the District. City of Hutchinson Tax Increment Financing District No. 4-21 10 (i) In making said determination, reliance has been placed upon (1) written representation made by the developer to such effects; and (2) City staff awareness of the feasibility of developing the project site within the District, which is further outlined in the city council resolution approving the establishment of the TIF District and Appendix C. (ii) A comparative analysis of estimated market value both with and without establishment of the TIF District and the use of tax increments has been performed. Such analysis is included with the cashflow in Appendix B and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the TIF District and the use of tax increments. Administration of the District Administration of the District will be handled by the Economic Development Director. City of Hutchinson Tax Increment Financing District No. 4-21 11 Appendix A: Map of Development District No. 4 and the TIF District City of Hutchinson Tax Increment Financing District No. 4-21 12 ++ W V �L NQ L � r %LZ Hill ONE / � 1■11 ■. MIN Illi ■�1111111111112111111111111 1oil 1■1■ 11111 �II1� I111■ 1111111111111 1111111111 IIIIIIIIIIII mm■■m■11 \III :1111 ti7G mm■1 MEMO I �►iir� /1111:� � nnn N Iq L on X H ■ 0 0 a� 0 0 Vl 0 s w 0 0 U U w J a 11111 11111 � 11111 11111 1111► m m rill waLJ��.`�JIyy1q'�a i� � d uNl �. 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N .N N N N M O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N O n w f.- r O N w f.- r 2 00 O O o0 N V M V O r O (O f O O 0 0 r M n M N � 00 (O O V N (O M N (n � � M � 0 (n M O ISO co co o0 o0 m m N N o2 o2 m m(" n V V (O(O N N N w w n n N N m m 0 0 I� r r r N ' r (n(n M M O O o0 o0 M O O O O N N N N n n V V m m m m N N N N N N N N N N N N N N N N N N M 63 63 i� r (O (O 63 cl (n (n M L O O o0 00 I� ' N N M M M M V V (n (n N N N N N N N N N N N N N N N N N b N N LO 1 �MM(O (OOONN(n (n o0 o0��V V a V V (O (O O O (n (n M M (n (n M M O O a M M (n (n O O (O (O N N O O O O O O N N V V ��o0 o0 (O (O V V NNOO W o0 70 M N N N N N N N N N N N N N N N N N N " M O N o0 O O O co (O (O O N O L O N O 00 M I� M O N O r v v v v m uNi Lo Lo Lo 0 0 0 0 0 0 0 0 0 v v v v v v v v v m m m m m m m m m (n V O N N N N M M O O O I- a0 O O N n V N N N N co M co co co co O O O O O O O O O O W co W N W I� O V N M O O O O O O O O N N n 'ITO I- N co M co co co co co co CL 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O Appendix C: Findings Including But/For Qualifications The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 4-21 as required pursuant to M.S., Section 469.175, Subd. 3 are as follows: Finding that Tax Increment Financing District No. 4-21 is an economic development district as defined in M.S., Section 469.174, Subd. 12. Tax Increment Financing District No. 4-21 is a contiguous geographic area within the City's Development District No. 4, delineated in the TIF Plan, for the purpose of financing economic development in the City through the use of tax increment. The District is in the public interest because it will facilitate the construction of a 40,000 square foot manufacturing building that will be leased to a manufacturer for approximately five years after which the tenant will purchase the building. The City will sell the lot to the developer for $1 and be reimbursed for the land write -down with tax increments. The development will increase employment in the State and preserve and enhance the tax base of the state. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of Tax Increment Financing District No. 4-21 permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occursolely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan is a manufacturing facility that meets the City's objectives for economic development. The cost of land acquisition, and related site improvements necessary to maximize development potential, makes development of the facility infeasible without City assistance. The developer has indicated that, due to current market conditions, the project would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: The proposed project is located in the City's Industrial Park, which was completed in 2010. Minimal development has been completed since then; two projects, only one of which was through private development, since 2010. With no private development occurring for 10 years, the EDA developed a land write -down program to make the Industrial Park a viable option for developers. With the land write -down program in place, the Developer has agreed to proceed with the project. The City reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided to the development. Therefore, the City concludes as follows: City of Hutchinson Tax Increment Financing District No. 4-21 14 a. The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment financing is $0. b. If the proposed development occurs, the total increase in market value will be $1,371,400 (see Appendix B of the TIF Plan) c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $353,854 (see Appendix B of the TIF Plan). d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $1,017,546 (the amount in clause b less the amount in clause c) without tax increment assistance. 3. Finding that the TIF Plan for Tax Increment Financing District No. 4-21 conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan on May 19, 2020 and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 4-21 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 4 by private enterprise. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, increased tax base of the State, and add a high -quality development to the City. City of Hutchinson Tax Increment Financing District No. 4-21 15 Council member CITY OF HUTCHINSON MCLEOD COUNTY STATE OF MINNESOTA introduced the following resolution and moved its adoption: RESOLUTION NO. 15175 RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 4-21 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR BE IT RESOLVED by the City Council (the "Council") of the City of Hutchinson, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Council has heretofore established Development District No. 4 and adopted the Development Program therefor. It has been proposed by the City that the City adopt a Modification to the Development Program (the "Development Program Modification") for Development District No. 4 (the "Project Area") and establish Tax Increment Financing District No. 4-21 (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program and Plan"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.124 to 469.133 and Sections 469.174 to 469.1794, all inclusive, as amended, (the "Act") all as reflected in the Program and Plan, and presented for the Council's consideration. 1.02. The City has investigated the facts relating to the Program and Plan and has caused the Program and Plan to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Program and Plan, including, but not limited to, (i) providing the proposed TIF Plan and the information on the fiscal and economic implications of the plan to the county auditor and the clerk of the school district board at least 30 days before a public hearing to be held by the City on the Program Modification and TIF Plan and (ii) publishing notice of the public hearing as required by the Act. 1.04. Certain written reports (the "Reports") relating to the Program and Plan and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Program and Plan. The Reports include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05. The City is not modifying the boundaries of the Project Area, but is however, modifying the Development Program therefor. 4853-0766-8668\2 Section 2. Findings for the Adoption and ADDroval of the Development Proaram Modification. 2.01. The Council approves the Development Program Modification, and specifically finds that: (a) the land within the Project area would not be available for redevelopment without the financial aid to be sought under this Development Program; (b) the Development Program, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Development Program, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of Tax Increment Financing District No. 4-21. 3.01. The Council hereby finds that the District is in the public interest and is an "economic development district" under Minnesota Statutes, Section 469.174, Subd. 12 of the Act. 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Program and Plan conform to the general plan for the development or redevelopment of the City as a whole; and that the Program and Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the redevelopment or development of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 4. Public Purpose. 4.01. The adoption of the Program and Plan conforms in all respects to the requirements of the Act and will help discourage commerce, industry, or manufacturing from moving their operations to another state or municipality, will result in increased employment in the state, and will result in preservation and enhancement of the tax base of the State and thereby serves a public purpose. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Program and Plan. 5.01. The Program and Plan, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the City Administrator. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Program and Plan and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 4853-0766-8668\2 5.03 The Auditor of McLeod County is requested to certify the original net tax capacity of the District, as described in the Program and Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City of Hutchinson is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The City Administrator is further authorized and directed to file a copy of the Program and Plan with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: June 23, 2020 Gary Forcier, Mayor (Seal) 4853-0766-8668\2 ATTEST: Matt Jaunich, City Administrator EXHIBIT A The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 4-21 (the "District") as required pursuant to M.S., Section 469.175, Subd. 3 are as follows: Finding that the District is an economic development district as defined in M.S., Section 469.174, Subd. 12. Tax Increment Financing District No. 4-21 is a contiguous geographic area within the City's Development District No. 4, delineated in the TIF Plan, for the purpose of financing economic development in the City through the use of tax increment. The District is in the public interest because it will facilitate the construction of a 40,000 square foot manufacturing building that will be leased to a manufacturer for approximately five years after which the tenant will purchase the building. The City will sell the lot to the developer for $1 and be reimbursed for the land write- down with tax increments. The development will increase employment in the State and preserve and enhance the tax base of the state. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan is a manufacturing facility that meets the City's objectives for economic development. The cost of land acquisition, and related site improvements necessary to maximize development potential, makes development of the facility infeasible without City assistance. The developer has indicated that, due to current market conditions, the project would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: The proposed project is located in the City's Industrial Park, which was completed in 2010. Minimal development has been completed since then; two projects, only one of which was through private development, since 2010. With no private development occurring for 10 years, the EDA developed a land write -down program to make the Industrial Park a viable option for developers. With the land write -down program in place, the Developer has agreed to proceed with the project. The City reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided to the development. Therefore, the City concludes as follows: a. The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment financing is $0. 4853-0766-8668\2 b. If the proposed development occurs, the total increase in market value will be $1,371,400 (see Appendix B of the TIF Plan) c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $353,854 (see Appendix B of the TIF Plan). d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $1,017,546 (the amount in clause b less the amount in clause c) without tax increment assistance. 3. Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan on May 19, 2020 and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 4 by private enterprise. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, increased tax base of the State, and add a high -quality development to the City. 4853-0766-8668\2 RESOLUTION NO. 15176 RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO.4-21. BE IT RESOLVED by the City Council (the "Council") of the City of Hutchinson, Minnesota (the "City"), as follows: Section 1. Background. 1.01. The City has approved the establishment of Tax Increment Financing District No. 4-21 (the "TIF District") within Development District No. 4 (the "Project Area"), and has adopted a Tax Increment Financing Plan (the "TIF Plan") for the purpose of financing certain improvements within the Project Area. 1.02. The City has determined to pay for certain costs identified in the TIF Plan consisting of site improvements/preparation, interest, and administrative costs (collectively, the "Qualified Costs"), which costs may be financed on a temporary basis from City funds available for such purposes. 1.03. Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally authorized, in order to finance the Qualified Costs. 1.04. The City intends to reimburse itself for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 2. Terms of Interfimd Loan. 2.01. The City hereby authorizes the advance of up to $15,000 from the Development District # 4 (SHOPKO) fund or so much thereof as may be paid as Qualified Costs. The City shall reimburse itself for such advances from Available Tax Increment (defined below) together with interest at the rate of 2%, which does not exceed the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan is authorized. Interest accrues on the principal amount from the date of each tranche. 2.02. Principal and interest ("Payments") on the outstanding Interfund Loan balance shall be paid annually on each December 31 (each a "Payment Date"), commencing on the first Payment Date on which the City has Available Tax Increment (defined below), or on any other dates determined by the City Administrator, through the date of last receipt of tax increment from the TIF District. 2.03. Payments on this Interfund Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, tax increment available after other obligations have been paid, or as determined by the City Administrator, generated in the preceding twelve (12) months with respect to the property within the TIF District and remitted to the City by McLeod County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1794, all inclusive, as amended. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.04. The principal sum and all accrued interest payable under this Interfund Loan are pre -payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. 4819-0877-5612\1 2.05. This Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.06. Before the latest decertification of any tax increment financing district from which the interfund loan is to be repaid, the City may modify or amend the terms of this Interfund Loan, in writing, by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: June 23, 2020 Gary Forcier, Mayor (Seal) 4819-0877-5612\1 ATTEST: Matt Jaunich, City Administrator DEVELOPMENT AGREEMENT BETWEEN CITY OF HUTCHINSON, MINNESOTA AND DROPTINE PROPERTIES, LLC Dated as of June , 2020 THIS INSTRUMENT DRAFTED BY: Marc Sebora TABLE OF CONTENTS ARTICLE 1 DEFINITIONS............................................................................................ 1 Section 1.1 Definitions................................................................................ 1 ARTICLE 2 REPRESENTATIONS AND WARRANTIES...................................................... 3 Section2.1 By the City.................................................................................. 3 Section 2.2 By the Developer........................................................................ 3 ARTICLE 3 USE, OWNERSHIP OF THE DEVELOPMENT PROPERTY; RESTRICTIONS......... 4 Section3.1 Use.......................................................................................... 4 Section3.2 Ownership.................................................................................. 4 Section 3.3 Damage or Destruction................................................................ 4 Section 3.4 Buy -Back of Unused Portion......................................................... 4 ARTICLE 4 CONSTRUCTION OF PROJECT.................................................................. 5 Section 4.1 Construction Plans.................................................................... 5 Section 4.2 Undertaking of Improvements....................................................... 5 Section 4.3 Certificate of Completion............................................................. 6 Section 4.4 Progress Reports....................................................................... 6 Section 4.5 Access to Property..................................................................... 6 ARTICLE 5 DEFENSE OF CLAIMS; INSURANCE............................................................ 6 Section 5.1 Defense of Claims..................................................................... 6 Section 5.2 Insurance................................................................................ 7 ARTICLE 6 PUBLIC ASSISTANCE................................................................................ 8 Section 6.1 Development Costs; Public Assistance ........................................... 8 Section 6.2 Conditions Precedent to Public Assistance ....................................... 8 Section 6.3 Obligations of Developer.............................................................. 9 ARTICLE 7 EVENTS OF DEFAULT; FEES....................................................................... 9 Section 7.1 Events of Default......................................................................... 9 Section 7.2 Remedies on Default.................................................................... 10 Section 7.3 No Remedy Exclusive................................................................... 10 Section7.4 Waivers...................................................................................... 10 Section 7.5 Agreement to Pay Attorney's Fees ................................................... 11 ARTICLE 8 BUSINESS SUBSIDY STATUTE..................................................................... 11 Section 8.1 Statutory Requirements................................................................. 11 Section 8.2 Description of Business Subsidy ...................................................... 11 Section 8.3 Public Purpose of the Business Subsidy ............................................ 11 Section 8.4 Goals of the Business Subsidy........................................................ 11 ARTICLE 9 GENERAL PROVISIONS.............................................................................. 12 Section 9.1 Conflicts of Interest; City Representatives Not Individually Liable........... 12 Section 9.2 Equal Employment Opportunity...................................................... 12 Section 9.3 Non-Discrimination........................................................................12 Section 9.4 Titles of Articles and Sections..........................................................12 Section 9.5 Term of Agreement....................................................................... 12 Section 9.6 Provisions Surviving Termination..................................................... 12 ARTICLE 10 ADMINISTRATIVE PROVISIONS...................................................................12 Section 10.1 Notices.......................................................................................12 Section 10.2 Binding Effect.............................................................................. 13 Section 10.3 Severability................................................................................. 13 Section 10.4 Amendments, Changes and Modifications ......................................... 13 �e Section 10.5 Further Assurances and Corrective Instruments..................................13 Section 10.6 Execution Counterparts................................................................. 13 Section 10.7 Applicable Law............................................................................ 13 Schedule A Development Propery........................................................... 16 Schedule B Project Description & Estimated Costs......................................17 Exhibit A Certificate of Completion....................................................... 18 Q DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is made as of June _, 2020, by and between the City of Hutchinson, Minnesota, a Minnesota municipal corporation (the "City"), and Droptine Properties, LLC, a Minnesota limited liability company (the "Developer'). WITNESSETH: WHEREAS, the City believes that the Development activities associated with the Project pursuant to this Agreement are in the best interests of the City and benefits the health, safety, morals and welfare of its residents, and complies with the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations set forth in this Agreement, the parties hereto hereby agree as follows: ARTICLE 1 Definitions Section 1.1 Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended or supplemented. "Approval Date" means the date upon which the final execution of this agreement takes place "Benefit Date" is the date when the improvements are finished for the entire project; or when the business occupies the property, whichever is earlier and the business receives a Certificate of Occupancy from the City. "Business Subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, and reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business, and as defined by the Business Subsidy Statute. "Business Subsidies Act" means Minnesota Statutes, Sections 116J.993 through 116J.995. "Business Subsidy Report" means the annual report required to comply with M.S. 116J.994 Subd. 7.(b). "Capital Investment" means any investment that is defined as depreciable for purposes of the U.S. Internal Revenue Service. "Certificate of Completion" means a certification in the form attached hereto as Exhibit A, to be provided to the Developer pursuant to this Agreement. "City" means the City of Hutchinson, Minnesota. 1 "City Council" means the City Council of the City of Hutchinson, Minnesota. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Developer on the Development Property. "County" means the County of McLeod, Minnesota. "Default Notice" means written notice from the City to the Developer setting forth the Event of Default and the action required to remedy the same. "Developer' means Droptine Properties, LLC, a Minnesota limited liability company, and its successors and assigns and is synonymous with "Qualified Business." "Development Property" means the lot sold by the City to the Developer legally described as Lot 1, Block 2, Energy Park 2nd Addition, City of Hutchinson, McLeod County, Minnesota compromising 7.5 acres, more or less. "Event of Default" means as any of the events set forth in Article 7, hereof. "Full Time Equivalent Job" means those jobs in which an employee, or multiple employees whose combined time on the job, totals to at least 2,080 hours of work within a 12- month period. "Improvements" means the improvements to be undertaken by the Developer as a part of the Project on the Development Property all as further described in Schedule B attached hereto. "McLeod County" means the County of McLeod, Minnesota, a political subdivision of the State of Minnesota. "Person" means an individual, corporation, partnership, Limited Liability Company, association or any other entity. "Project" means the construction on the Development Property of an approximately 40,500 square foot manufacturing building with parking lots, driveways and related improvements. "Project Costs" means certain costs incurred by the City to incentivize the Developer to undertake the Project as shown in Schedule B to this Agreement. "Project Description" means the improvements described in Schedule B attached hereto. "Qualified Business" means Droptine Properties, LLC, a Minnesota limited liability company, and its successors and assigns and is synonymous with "Developer." "Property" means the parcel legally described as Lot 1, Block 2, Energy Park 2nd Addition, City of Hutchinson, McLeod County, Minnesota compromising 7.5 acres, more or less. "Public Assistance" means the Economic Development Tax Increment Financing District. "Section" means a Section of this Agreement, unless used in reference to Minnesota Statutes. 2 "State" means the State of Minnesota. "Unavoidable Delay" means a failure or delay in a party's performance of its obligations under this Agreement, or during any cure period specified in this Agreement which does not entail the mere payment of money, not within the party's reasonable control, including but not limited to acts of God, governmental agencies, the other party, strikes, labor disputes (except disputes which could be resolved by using union labor), fire or other casualty, or lack of materials; provided that within ten (10) days after a party impaired by the delay has knowledge of the delay it shall give the other party notice of the delay and the estimated length of the delay, and shall give the other party notice of the actual length of the delay within ten (10) days after the cause of the delay has ceased to exist. The parties shall pursue with reasonable diligence the avoidance and removal of any such delay. Unavoidable Delay shall not extend performance of any obligation unless the notices required in this definition are given as herein required. ARTICLE 2 Representations and Warranties Section 2.1 By the City. The City makes the following representations to the Developer: The City is a municipal corporation duly organized and existing under the laws of Minnesota. Under the provisions of the Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. Section 2.2 By the Developer . The Developer represents and warrants that: (a) The Developer is a Minnesota limited liability company, has power to enter into this Agreement and has duly authorized, by all necessary corporate action, the execution and delivery of this Agreement. (b) The Developer shall, subject to Unavoidable Delays, complete the Project in accordance with the terms of this Agreement, and all local, state and federal laws and regulations. (c) At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental laws and regulations applicable to the Improvements, and will have obtained any and all necessary environmental reviews, licenses, clearances and approvals. The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer or the City with respect to the Development Property may be or will be in violation of any environmental law or regulation. The Developer is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure with respect to the Development Property. (d) Neither the execution or delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with, or results in a breach of, any restriction, agreement or instrument to which the Developer is now a party or by which the Developer is bound. (e) The Developer (i) is not in default in the payment of the principal of or interest on any indebtedness for borrowed money; or (ii) is not in default under any instrument or agreement under and subject to which any indebtedness for borrowed money has been issued. (f) The Developer has no knowledge or information that any member of the City Council or any other officer of the City has any direct or indirect financial interest in the Developer, the Development Property or the Project. (g) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state and federal laws and regulations which must be obtained or met in connection with the Improvements. Without limitation to the foregoing, the Developer will request and seek to obtain from the City all necessary variances, conditional use permits and zoning changes. (h) The Developer would not undertake the Project without the financial assistance to be provided by the City pursuant to this Agreement. (i) Apart from the assistance to be provided under this Agreement, the Developer shall pay all standard charges and fees due with respect to real estate developments and allocable to the Development Property under City ordinances and the City Code, including but not limited to special assessments for local improvements, sewer and water use charges, building permit fees, plat fees, inspection fees, storm water fees and the like used against the Development Property. ARTICLE 3 Use, Ownership of Development Property, Damage or Destruction, Buy -Back of Unused Portion Section 3.1 Use. The Developer's use of the Development Property shall be subject to and in compliance with all of the conditions, covenants, restrictions and limitations imposed by this Agreement, the Restrictions and all applicable laws, ordinances and regulations. Section 3.2 Ownership. The Developer hereby represents and warrants that the Developer will be the owner in fee simple of the Development Property and that there are no liens, defects or other encumbrances upon title to the Development Property that would hinder the Development of the Development Property by the Developer as contemplated by this Agreement. Section 3.3 Damage or Destruction. Upon any damage or destruction of the Project, or any portion thereof, by fire or other casualty, the Developer shall within one hundred twenty (120) days after such damage or destruction, commence the process required to repair, reconstruct and restore the damaged or destroyed Project, or portion thereof, to substantially the same condition or utility value as existed prior to the event causing such damage or destruction and shall diligently pursue such repair, reconstruction and restoration. Section 3.4 Buy -Back of Unused Portion. At the option of the City, the Developer will sell the City the unused portion of the Property for $1. 4 ARTICLE 4 Construction of, Lease and/or Sale of Project Section 4.1 Construction Plans. The Developer shall make available Construction Plans for the Project to the City prior to construction. The City shall approve the Construction Plans in writing if, in the reasonable discretion of the City, the Construction Plans: (a) conform to all applicable federal, state and local laws, ordinances, rules and regulations; (b) are adequate to provide for construction of the Project; and (c) no Event of Default has occurred. No approval by the City shall relieve the Developer of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to properly construct the Project. No approval by the City shall constitute a waiver of an Event of Default. Any disapproval of the Construction Plans shall set forth the reasons therefore, and shall be made within thirty (30) days after the date of their receipt by the City. If the City rejects the Construction Plans, in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City. Section 4.2 Undertaking of Improvements. (a) Subject to Unavoidable Delays, the Developer will complete the Project by February 28, 2021, and all in accordance with the terms of the Project Description. (b) The Developer may Lease and/or Sell the Project at any time. (c) The Developer will restrict Transfer, Lease or Sale of the Project to the following types of end users: manufacturing, warehousing and call centers as defined by M.S. 469.124 - 469.133, inclusive, as amended and M.S. Sections 469.174 - 469.1794, inclusive, as amended (the "Tax Increment Financing Act"); or, alternatively, pay the City the full purchase price of the Property in the amount of $326,675 within 30 days of such Transfer, Lease or Sale; with any tax increment received by the City up to the date of such sale being credited against the purchase price. (d) All work with respect to the Project shall be in substantial conformity with the Construction Plans approved by the City. Upon approval by the City of the Construction Plans, the Developer shall promptly begin the Project and diligently prosecute the completion the Development of the Development Property through the construction of the improvements in accordance with the requirements of the Project Description. (e) The Developer shall not interfere with, or construct any improvements over, any public street or utility easement without the prior written approval of the City. All connections to public utility lines and facilities shall be subject to approval of the City and any private utility company involved. Except for public improvements, which are undertaken by the City or other governmental body and assessed against benefited properties, all street and utility installations, relocations, alterations and restorations shall be at the Developer's expense and without expense to the City. The Developer, at its own expense, shall replace any public facilities or utilities damaged during the Project by the Developer or its agents or by others acting on behalf of or under their direction or control of the Developer. Section 4.3 Certificate of Completion. (f) Promptly after completion of the Project in accordance with the Project Description, the Developer will provide the City with a certificate of substantial completion and the City will furnish the Developer with a Certificate of Completion in substantially the form attached hereto as Exhibit A as conclusive evidence of satisfaction and termination of the agreements and covenants of this Agreement with respect to the obligations of the Developer to complete the Project. The furnishing by the City of such Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Mortgagee. (g) If the City shall refuse or fail to provide such Certificate of Completion, the City shall, within fifteen (15) days after the Developer provides the certificate referenced in Section 4.3(a), provide the Developer with a written statement specifying in what respect the Developer has failed to complete the Project in accordance with this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Developer to obtain the Certificate of Completion. Section 4.4 Progress Reports. Until a Certificate of Completion is issued, the Developer shall make, in such detail as may reasonably be required by the City, and forward to the City, on a monthly basis, a written report as to the actual progress of work on the Project. Section 4.5 Access to Property. The Developer agrees to permit the City and any of its officers, employees or agents access to the Development Property for the purpose of inspection of all work being performed in connection with the Project; provided, however, that the City shall have no obligation to inspect such work. ARTICLE 5 Defense of Claims; Insurance Section 5.1 Defense of Claims. (a) The Developer shall indemnify and hold harmless the City, its governing body members, officers, and agents including the independent contractors, consultants, and legal counsel, servants and employees thereof (hereinafter, for the purposes of this Section, collectively the "Indemnified Parties") for any expenses (including reasonable attorneys' fees), loss, damage to property, or death of any person occurring at or about, or resulting from any defect in the Project; provided, however, the Developer shall not be required to indemnify any Indemnified Party for any claims or proceedings arising from any negligent or unlawful acts or omissions of such Indemnified Party. Promptly after receipt by the City of notice of the commencement of any action in respect of which indemnity may be sought against the Developer under this Section 5.1, such person will notify the Developer in writing of the commencement thereof, and, subject to the provisions hereinafter stated, the Developer shall assume the defense of such action (including the employment of counsel, who shall be counsel satisfactory to the City) and the payment of expenses insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the Developer. The City shall have 6 the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Developer unless the employment of such counsel has been specifically authorized by the Developer. Notwithstanding the foregoing, if the City has been advised by independent counsel that there may be one or more legal defenses available to it which are different from or in addition to those available to the Developer, the Developers shall not be entitled to assume the defense of such action on behalf of the City, but the Developer shall be responsible for the reasonable fees, costs and expenses (including the employment of counsel) of the City in conducting its defense. The Developer shall not be liable to indemnify any person for any settlement of any such action effected without the Developer's consent. The omission to notify the Developer as herein provided will not relieve the Developer from any liability which they may have to any Indemnified Party pursuant hereto, otherwise than under this section. (b) The Developer agrees to protect and defend the Indemnified Parties, and further agrees to hold the aforesaid harmless, from any claim, demand, suit, action or other proceeding whatsoever by any person or entity arising or purportedly arising from the actions or inactions of the Developer (or other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement or to any actions undertaken by the City which are not contemplated by this Agreement but shall, in any event, apply to any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or penalty is paid by the City at a rate equal to the Prime Rate) as a result of the Project, as constructed and operated by the Developer. (c) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City, as the case may be. Section 5.2 Insurance. (d) The Developer shall keep and maintain the Development Property and Project at all times insured against such risks and in such amounts, with such deductible provisions, as are customary in connection with facilities of the type and size comparable to the Improvements, and the Developer shall carry and maintain, or cause to be carried and maintained, and pay or cause to be paid timely the premiums for direct damage insurance covering all risks of loss, including, but not limited to, the following: (1) fire (2) extended coverage perils (3) vandalism and malicious mischief (4) boiler explosion (but only if steam boilers are present) (5) collapse on a replacement cost basis in an amount equivalent to the full insurable value thereof. ("Full insurable value" shall include the actual replacement cost of the Improvements, exclusive of foundations and footings, without deduction for architectural, engineering, 7 legal or administrative fees or for depreciation.) Insurance in effect with respect to any portion of the Improvements to be rehabilitated or renovated as a part of the Project prior to the issuance by the City of a Certificate of Completion under Section 4.3 hereof with respect thereto shall be maintained on an "all-risk" builder's risk basis during the course of construction. The policies required by this Section 5.2 shall be subject to a no coinsurance clause or contain an agreed amount clause, and may contain a deductibility provision not exceeding $10,000. (e) Subject to the terms of any mortgage relating to the Development Property, policies of insurance required by this Section 5.2 shall insure and be payable to the Developer, and shall provide for release of insurance proceeds to the Developer for restoration of loss. The City shall be furnished certificates showing the existence of such insurance. In case of loss, the Developer is hereby authorized to adjust the loss and execute proof thereof in the name of all parties in interest. The Developer shall annually file with the City a schedule describing all such policies in force, including the types of insurance, names of insurers, policy numbers, effective dates, terms of duration or any other information the City deems pertinent. Such list shall be accompanied by a certificate executed by the Developer stating that, to the best of the knowledge of the Developer, insurance on the Improvements then in force complies with this Section 5.2. ARTICLE 6 Public Assistance Section 6.1 Development Costs; Public Assistance. The Developer has agreed to and shall be responsible to pay all of its respective costs of the Project, as herein provided. However, the City, in order to encourage the Developer to proceed with the construction of the Project, and to assist the Developer in paying the costs thereof, is willing to provide the following Public Assistance: (a) A 7.5 acre parcel in the city's industrial park at a cost of $1. (b) Establishment of an Economic Development Tax Increment Financing District. (c) The City's Economic Development Authority shall market, promote and show the property for to prospective end users at no cost to the Developer. Section 6.2 Conditions Precedent to Public Assistance. Notwithstanding anything to the contrary contained herein, the City's obligation to provide the Public Assistance as stated in Section 6.1 shall be subject to satisfaction, or waiver in writing by the City, of all of the following conditions precedent: (i) the Developer shall not be in default under the terms of this Agreement; and (ii) the Developer shall have closed on financing sufficient to pay all costs to be incurred in connection with the Project. In the event that all of the above conditions required to be satisfied as provided in this Section 6.3 have not been satisfied by February 28, 2021, either the City or the Developer may terminate this Agreement. Upon such termination, the provisions of this Agreement relating to 0 the Project shall terminate and, except as provided in Article 8, neither the Developer nor the City shall have any further liability or obligation to the other hereunder. Section 6.3 Obligations of Developer. In consideration for the City Assistance provided in Section 6.1, the Developer commits to: (a) Create, or cause to be created, two (2) new Full -Time Equivalent (FTE) jobs on the Development Property within two (2) years of the Benefit Date. (b) Insure a cash wage (exclusive of benefits) for the new FTE jobs created on the Development Property at least equal to the U.S. Department of Health and Human Services Poverty Level for a family of four as of the date this agreement is signed. (As of May 1, 2020 this was $12.60 per hour or $26,200 annually) ARTICLE 7 Events of Default; Fees Section 7.1 Events of Default. The following shall be "Events of Default" under this Agreement and the term "Event of Default' shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events which occurs and continues for more than thirty (30) days after notice by the defaulting party of such default (and the term "default" shall mean any event which would with the passage of time or giving of notice, or both, be an "Event of Default" hereunder): (a) Failure of the Developer to construct the Project by February 28, 2021. (b) Failure by the Developer to satisfy the requirements of Section 6.3 hereof. (c) Failure of the Developer to furnish the Construction Plans as required hereunder. (d) Failure of the Developer to pay to the City any amounts required to be paid by the Developer hereunder. (e) Failure of the Developer or the City to observe and perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (f) Failure of the Developer to pay any taxes and / or assessments on the Development Property as they become due. (g) Filing of any voluntary petition in bankruptcy or similar proceedings by the Developer; general assignment for the benefit of creditors made by the Developer or admission in writing by the Developer of inability to pay its debts generally as they become due; or filing of any involuntary petition in bankruptcy or similar proceedings against the Developer which are not dismissed or stayed within sixty (60) days. (h) The Developer leases or sells the Project to an end user that is not manufacturing, warehousing or a call center. 9 Section 7.2 Remedies on Default. In the event the City desires to exercise any of its rights or remedies as provided herein or otherwise available to the City at law or in equity, the City shall first provide written notice to the Developer setting forth with specific particularity the Event of Default and the action required to cure or remedy the same (the "Default Notice"). The Developer shall have thirty (30) days from receipt of a Default Notice to cure or remedy the Event of Default specified in the Default Notice, or such longer period as may be reasonably required to complete the cure as soon as reasonably possible under the circumstances. If, following the Developer's receipt of a Default Notice, the Developer does not cure or remedy the Event of Default therein specified within the time provided above, the City may take any one or more of the following actions at any time prior to the Developer's curing or remedying the Event of Default: (a) Suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. (b) Terminate all rights of the Developer under this Agreement. (c) Withhold the Certificate of Completion. (d) Take whatever action at law or in equity may appear necessary or desirable to the City to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. In the event the City should fail to observe or perform any covenant, agreement or obligation of the City on its part to be observed and performed under this Agreement, the Developer may take any one or more of the following actions: (a) Suspend its performance under this Agreement until it receives assurances from the City, deemed adequate by the Developer that the City will cure its default and continue its performance under this Agreement. (b) Terminate all rights of the City under this Agreement. (c) Take whatever action at law or in equity may appear necessary or desirable to the Developer to enforce performance and observance of any obligation, agreement, or covenant of the City under this Agreement. Section 7.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or to the Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Developer to exercise any remedy reserved to them, it shall not be necessary to give notice, other than such notice as may be required under this Agreement. Section 7.4 Waivers. All waivers by any party to this Agreement shall be in writing. If any provision of this Agreement is breached by any party and thereafter waived by another 10 party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 7.5 Agreement to Pay Attorneys' Fees. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefore, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. ARTICLE 8 Business Subsidy Statute Section 8.1 Statutory Requirements. Whereas compliance with provisions of the Minnesota business subsidy statutes (M.S. 116J.993 — 116J.995) require the following, the parties to this Agreement agree to the following Sections of this Article and the provisions contained therein. Section 8.2 Description of Business Subsidy. The Business Subsidy shall consist of an Economic Development Tax Increment Financing District and sale of a 7.5 acre lot, more or less, in the City's industrial park to Droptine Properties, LLC for $1. Section 8.3 Public Purpose of the Business Subsidy. As required by statute, the Business Subsidy must be for a public purpose. In this instance the public purposes are to: (1) Enhance the economic diversity of the city (2) Create high quality job growth (3) Stabilize the community (4) Increase the tax base of the community Section 8.4 Goals of the Business Subsidy. The measurable, specific and tangible goals of the business subsidies shall include: (1) The Qualified business shall create 2 new FTE jobs within two (2) years of the signing of this Development Agreement. (2) The Qualified business shall Provide a cash wage (exclusive of benefits) for the new FTE jobs created of at least equal to the U.S. Department of Health and Human Services Poverty Level for a family of four as of the date this agreement is signed. (As of April 28, 2020 this was $12.60 per hour or $26,200 annually) 11 ARTICLE 9 General Provisions Section 9.1 Conflicts of Interest; City Representatives Not Individually Liable. No council member, official, employee, or consultant or employees of the consultants of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such council member, official, employee or consultant or employees of the consultants of the City participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No council member, official, employee, or consultant or the employees of the consultants of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City for any amount which may become due to the Developer or successors or on any obligations under the terms of this Agreement. Section 9.2 Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Project it will comply with any applicable affirmative action and nondiscrimination laws or regulations. Section 9.3 Non -Discrimination. The Developer agrees for itself, and its successors and assigns, that it shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Development Property or any improvements erected or to be erected thereon, or any part thereof. Section 9.4 Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.5 Term of Agreement. This Agreement shall terminate when the City and the Developer agree in writing to terminate this Agreement; it being expressly agreed and understood that the provisions of this Agreement are intended to survive the expiration and satisfaction of any security instruments placed of record contemporaneously with this Agreement, if such expiration and satisfaction occurs prior to the expiration of the term of this Agreement, as stated in this Section 9.5. Section 9.6 Provisions Surviving Termination. Sections 5.1 and 7.5 hereof shall survive any termination, rescission, or expiration of this Agreement with respect to or arising out of any event, occurrence, or circumstance existing prior to the date thereof. ARTICLE 10 Administrative Provisions. Section 10.1 Notices. All notices, certificates or other communications required to be given to the City and the Developer hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in certified form with postage fully prepaid and addressed as follows: If to the City: City of Hutchinson City Hall 111 Hassan Street SE 12 Hutchinson, Minnesota 55350 Attn: City Administrator If to the Developer: Droptine Properties, LLC 24054 S . MN H WY 22 Litchfield, MN 55365 Attn: Joe Schoolmeesters The City and the Developer, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications should be sent. Section 10.2 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective successors and assigns. Section 10.3 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 10.4 Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified only by written amendment authorized and executed by the City and the Developer. Section 10.5 Further Assurances and Corrective Instruments. The City and the Developer agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Property or the Improvements or for carrying out the expressed intention of this Agreement. Section 10.6 Execution Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to the conflicts -of -laws principles thereof. 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first above written. CITY OF HUTCHINSON, MINNESOTA And Mayor City Administrator DROPTINE PROPERTIES, LLC go Its 14 STATE OF MINNESOTA ) COUNTY OF MCLEOD ) SS. The foregoing instrument was acknowledged before me this day of , 2020, by Gary Forcier, the Mayor, and Matt Jaunich, the City Administrator, of the City of Hutchinson, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. IN WITNESS WHEREOF, I have set my hand and my official seal this day of , 2020. Notary Public STATE OF MINNESOTA ) COUNTY OF ) SS. The foregoing instrument was acknowledged before me this day of 2020, by , the owner of Droptine Properties, LLC, a Minnesota limited liability company, on behalf of the company. IN WITNESS WHEREOF, I have set my hand and my official seal this day of , 2020. Notary Public 15 TAX PARCEL SCHEDULE A DEVELOPMENT PROPERTY Parcel Number Address 23-494-0020 1105 Benjamin Avenue SE Hutchinson, Minnesota, 55350 LEGAL DESCRIPTION Lot 1, Block 2, Energy Park 2nd Addition, City of Hutchinson, McLeod County, Minnesota 16 SCHEDULE B PROJECT DESCRIPTION AND ESTIMATED COSTS PROJECT DESRIPTION Construction on the Development Property of an approximately 40,500 square foot manufacturing building with parking lots, driveways and related improvements. PROJECT COSTS Shovel -Ready Industrial Park Lot, 7.5 acres $326,675 TOTAL 326 675 17 EXHIBIT A CERTIFICATE OF COMPLETION WHEREAS, Droptine Properties, LLC (the "Developer ") is the owner and the Developer of property in the City of Hutchinson and the State of Minnesota described on Schedule "A" attached hereto and made a part hereof (the "Development Property"); and WHEREAS, the Development Property is subject to the provisions of a certain Development Agreement (the "Agreement") dated May , 2020, by and between the Developer and the City of Hutchinson, Minnesota (the "City"); and WHEREAS, the Developer has fully and duly performed all of the covenants and conditions of the Developer under the Agreement with respect to the completion of the Project (as defined in the Agreement); NOW, THEREFORE, it is hereby certified that all requirements of the Developer under the Agreement with respect to the completion of the Project have been completed and duly and fully performed, and this instrument is to be conclusive evidence of the satisfactory termination of the covenants and conditions of the Agreement as they relate to the completion of the Project. All other covenants and conditions of the Agreement shall remain in effect and are not terminated hereby. Dated this day of , 201_ CITY OF HUTCHINSON, MINNESOTA a Its STATE OF MINNESOTA ) SS. COUNTY OF MCLEOD ) The foregoing instrument , 2020, by City of Hutchinson, Minnesota. was acknowledged before me this day of , the of the Notary Public 18 REAL ESTATE PURCHASE AGREEMENT Parties. This Purchase Agreement is made and effective on the last date executed below by and between Droptine Properties, LLC ('Buyer"), and the City of Hutchinson, a municipal corporation, ("Seller"). Offer/Acceptance. Seller agrees to convey real property (the "Property") in McLeod County, Minnesota, as indicated by the legal description described hereto: Lot 1, Block 2, Energy Park 211 Addition Purchase Price and Terms. The purchase price for the property shall be one dollar and no cents ($1.00) which the Buyer agrees to pay in cash or by certified check or bank draft on the date of the closing and upon delivery of the deed as hereinafter provided. Option to Buy Back Unused Portion. At the option of the City, the Developer will sell the City the unused portion of the Property for one dollar and no cents ($1.00) Limits on Transfer, Lease or Sale. The Buyer will restrict Transfer, Lease or Sale of the Property to the following types of end users: manufacturing, warehousing and call centers as defined by M.S. 469.124 - 469.133, inclusive, as amended and M.S. Sections 469.174 - 469.1794, inclusive, as amended (the "Tax Increment Financing Act"); or, alternatively, pay the City the full purchase price of the Property in the amount of $326,675 within 30 days of such Transfer, Lease or Sale; with any tax increment received by the City up to the date of such sale being credited against the purchase price. Closing Date and Contingencies. For a period of up to 30 days following the execution of this purchase agreement, Buyer shall have an opportunity to conduct investigations of the property as described below. Buyer, at its option, may extend this contingency period by a period of 60 days. The obligation of the Buyer to complete the transaction contemplated under this purchase agreement is specifically contingent on and the Buyer satisfying itself that there are no significant environmental or other problems affecting the property. The Buyer shall be the sole judge of the fitness of the condition of the property. Purchase of the property is contingent upon approval and establishment of a tax increment district. The closing of this transaction shall take place within 30 days of the end of the contingency period and, in no event later than Deed. At closing, Seller shall execute and deliver a Warranty conveying title of record, subject to building and zoning laws, ordinances, state and federal regulations, exceptions to title which constitute encumbrances, restrictions or easements of record. Assessments. Seller shall pay on the date of closing any deferred real estate taxes (including "green acres" taxes) under Minnesota Statute §273.1.11 or special assessments payment of which is required as a result of the closing of this sale. Real estate taxes due and payable in the year in which this transaction is closed shall be prorated between the Buyer and Seller. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. Damages to Real Property. If the real property is substantially damaged prior to closing, this purchase agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this purchase agreement by notice to Seller within twenty-one (21) days after Seller notifies Buyer of such damage, during which 21-day period Buyer may inspect the real property, and in the event of such recission, the earnest money shall be refunded to Buyer. Seller's Lien Warrants. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Condition of Property. Seller shall remove all debris and all personal property not included in this sale from the property before possession date. Seller has not received any notice from any governmental authority as to the existence of any Dutch elm disease, oak wilt, or other disease of any trees on the property. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the property by any person in violation of any law, nor of any underground storage tanks having been located on the property at any time. Notwithstanding Buyer's environmental investigations of the property, Seller does not warrant and represent to Buyer that there have been no acts or occurrences upon the property that have caused or could cause hazardous substances or petroleum products to be released or discharged into the subsoil or ground water of the property or other property in the area. Seller does not represent and warrant to Buyer that the property is free of hazardous substances and is not subject to any "superfund" type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the property. Seller knows of no wetlands, flood plain, or shoreland on or affecting the property. Seller's warranties and representations contained in this section shall survive the delivery of the deed provided that any notice of a defect or claim of breach of warranty must be in writing. Any such notice with respect to matters referred to in this section must be given by the Buyer to the Seller within one year of the date of closing or they will be deemed waived. The conditions of the conveyance of this property set forth in the Price and Terms section of this agreement shall also survive the delivery of the deed. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending regulations, Seller does not plan to have the property inspected. Other than the representations made in this paragraph, and by any contingencies, the property is being sold "AS IS" with no express or implied representations or warranties by the Seller as to physical conditions or fitness for any particular purpose. Disclosure of Notices. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. Access Prior to Closing. By this purchase agreement, Buyer does not acquire any right of possession of the property, license, or easement. However, during the period from the date of the Purchase Agreement to the Closing Date, Buyer and its agents shall have access to the Property for completing such tests, studies, evaluations and other investigations as Buyer deems necessary. This right of entry shall also include the Buyer's agents, surveyors, engineers, and site evaluators for the purposes of testing, measuring and evaluating the condition of the parcel. Buyer shall indemnify and hold Seller harmless from any and all liens, claims, liabilities or charges incurred or caused by Buyer's contracts with surveyors, engineers, and site evaluators, which indemnity shall include any costs and disbursements incurred by Seller in any defense thereof. Possession. Seller shall deliver possession of the property on the date of closing; or such earlier time as the Seller is capable of executing the deed. Examination of Title. Upon the execution of the purchase agreement, Seller shall, at its expense, deliver to Buyer an updated abstract. Seller shall also, at its expense, obtain and deliver to Buyer, UCC searches covering the Seller and the property. Warranties and Representations of Seller. By executing this agreement, Seller represents and warrants that the Seller is the sole owner of the property and that there is no actual pending or threatening legal action with respect to the property. Seller also warrants that there are no other contracts for deed, agreements, and options of first refusal affecting the property. Finally, the Seller warrants there are no violations of applicable governmental laws, ordinances or regulations pertaining to the property. Closing Costs and Prorations. Seller shall pay all costs and expenses necessary to place title in the condition represented by Seller. Seller shall pay the costs of the abstract. Buyer shall pay any state deed tax due and payable with respect to the Warranty Deed conveying the property. Real estate taxes due and payable for the Property the year in which the Closing occurs shall be prorated between Seller and Buyer as of the Closing Date. Buyer shall pay the costs of recording the conveyance instruments and the premium for any policy of title insurance which Buyer elects to purchase. Buyer shall pay all fees and costs associated with the closing of this transaction charged by a title company. All other costs and expenses with respect to the property shall be paid by Buyer as of the closing date. Each party shall pay its respective attorney's fees and professional costs with respect to the negotiation and closing of the purchase. Records. Upon the execution of the Purchase Agreement, if requested by the Buyer, Seller will deliver to Buyer true and correct copies of all records (the "Records") affecting the Property and their ownership, condition and use including, without limitation, copies of all surveys, soil tests, environmental studies and reports, market studies, appraisals, tax records, governmental permits and correspondence either in Seller' possession or immediately available to Seller. Real Estate Commission. Seller shall pay any commission or fee payable to Seller's Broker or agent, if any. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota. Well Disclosure. Seller certifies that Seller does not know of any wells on the property. Closing. Closing shall be at some mutually agreeable location. At closing, Seller and Buyer shall disclose their Federal Tax Identification numbers for the purposes of completing state and federal tax forms. Breach of Contract/Liquidated Damages. The parties herein agree that the sole remedy for any and all claims of breach of contract arising out of the non- performance or breach of this purchase agreement shall be the earnest money paid by buyer and the accrued interest thereon, if any. Miscellaneous. The City of Hutchinson and its agents may have access to the property for the next 18 months after the execution of this purchase agreement to install, maintain and test infrastructure. lily111V Droptine Properties, LLC Droptine Properties, LLC Date Gary T. Forcier, Mayor City of Hutchinson Matt Jaunich, City Administrator City of Hutchinson Date REAL PROPERTY LEASE Date: This lease is made on the above date by the city of Hutchinson, a Minnesota municipal corporation, ("Lessor") and Droptine Properties, LLC a Minnesota Limited liability corporation, ("Lessee") 1. Property Description. Lessor hereby leases to Lessee real property in McLeod County, described as follows: Lot 1, Block 2, Energy Park 2nd Addition City of Hutchinson, McLeod County, Minnesota [Street address: 1105 Benjamin Avenue SE, Hutchinson, Minnesota] 2. Rent price. Lessee shall pay to Lessor at 1164 Benjamin Avenue SE., Hutchinson, MN 55350 the sum of one dollar ($1.00), as and for the monthly rent for the property. The monthly rent shall be due on the 1st day of the month and shall be paid on or before that same date every month thereafter. 3. Rental Term. This shall be a month -to —month lease. The lease shall be terminated upon either parry giving 30 days notice to end the lease. 4. Property insurance. a. Insured risks and amounts. Lessee shall keep all buildings, improvements, and fixtures now or later located on her part of the property insured against loss by fire, lightning and such other perils as are included in the standard "all — risk" endorsement, and against loss or damage by all of the risks and hazards covered by a standard extended coverage insurance policy, including, without limitation, vandalism, malicious mischief, burglary, theft and, in allocable, steam boiler explosion. Such insurance shall be in an amount no less than $1.5 million or the full replacement cost of the buildings, improvements, and fixtures, without deduction for physical depreciation. If any of the buildings, improvements, or fixtures are located in a federally designated flood prone area, and if other insurance is available for that area, Lessee shall procure and maintain flood insurance in amounts reasonably satisfactory to Lessor. b. Other terms. The insurance policy shall contain a loss payable clause in favor of Lessor which provides that Lessor's right to recover under the insurance shall not be impaired by any acts or omissions of Lessee or Lessor, and that Lessor shall otherwise be afforded all rights and privileges customarily provided under a mortgagee under the so — called standard mortgage clause. 5. Injury or damage occurring on the Property. a. Lessor shall be free from all liability and claims for damages by reason of injuries occurring on or after the date of this lease to any person or persons or property while on or about the property. Lessee shall defend and indemnify Lessor from all liability, loss, cost, and obligations, including reasonable attorney's fees, on account of or arising out of any such injuries. b. Liability insurance. Lessee shall, at Lessee's own expense, procure and maintain liability insurance against claims for bodily injury, death and property damage occurring on or about the property in amounts in an amount not less than $1.5 million. 6. Waste, repair, and liens. Lessee shall not remove or demolish any buildings, improvements, or fixtures now or later located on a part of the property, nor shall Lessee commit or allow waste of the property. Lessee shall maintain the property in good condition and repair. Purchaser shall not create or permit to accrue liens or adverse claims against the property which constitute a lien or claim against Lessor's interest in the property. 7. Event of Default. The failure of Lessee to observe or perform any provision under the terms of this lease, and should such failure continue for a period of 30 days after notice to Lessee by Lessor, will constitute a default under this lease, except that should Lessee fail to pay any rent or other sum required to be paid by Tenant hereunder, in which said sum must be paid within ten days after notice to Tenant of such failure. Upon the occurrence of an event of default, and at any time thereafter, Lessor may give notice to Lessee specifying the event of default in stating that this lease shall terminate on the date specified in such notice and on such date, unless the event of default shall have been cured and there is not in existence any other event of default, this lease shall terminate and Lessee shall remain liable for all of the rent and other costs that would have been payable under this lease less the net proceeds, if any of any reletting of the premises, deducting all of Lessor's expenses in connection with the reletting of the premises. In witness whereof, including the lease and any exhibits, the parties hereto have executed this lease the day and year first above written. City of Hutchinson Droptine Properties, LLC NO Its: Its: HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: FIRST READING OF AN ORDINANCE OF THE CITY OF HUTCHINSON, MINE& Department: EDA LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff ❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: As part of the Rite -Way Conveyors / Droptine Properties LLC project, the City will be selling a 7.5 acre industrial park lot to Droptine Properties, L.L.C. To accomplish this, the City Council will have to adopt an ordinance authorizing the sale of municipally owned land. Tonight would be the "first reading" of the ordinance. The second reading and adoption of the ordinance would be at the City Council's meeting of July 14, 2020. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: First reading Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: ORDINANCE NO. 20-816 PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY THE CITY OF HUTCHINSON ORDAINS: Section 1. That the municipally owned real property legally described as follows: Lot 1, Block 2, Energy Park 2nd Addition, City of Hutchinson, McLeod County, Minnesota. for good and valuable consideration is hereby transferred and conveyed to Droptine Properties, LLC, or its successor or assigns. Section 2. The City Administrator, Matthew Jaunich, or his designee is authorized to sign any and all documents on behalf of the City to effectuate the closing of this transaction. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 14th day of July, 2020. Gary T. Forcier Mayor ATTEST: Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: CONSIDERATION OF CUP & SITE PLAN APPLICATION AT 875 SCHOOL RD Department: PLANNING LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The applicant has submitted applications for a site plan review and conditional use permit for the addition to West Elementary School, 875 School Rd SW, Hutchinson. The conditional use permit is needed for a school in an R-2 zoning district. This item was discussed at the Planning Commission meeting on June 16, 2020. Nobody from the public spoke during the public hearing. Representatives from the School District gave an overview of the site plan. City Staff presented the Staff Report and several items were discussed by the Planning Commission regarding the number of access points onto School Road. The School District feels it submitted the best plan possible to separate the different types of traffic (staff, parent drop off, special ed buses, and school buses). The School District also noted that Staff will come before parent drop-off and bus unloading and in the afternoon Staff will stay longer than parent pick-up and bus pick-up. Because of this they believe adding the fourth access point will work well. City Staff noted that they recommended a maximum of three access points onto School Rd. A question was asked by a Planning Commission member regarding adding a left turn lane on School Rd. for southbound traffic to assist with keeping traffic flowing near the school. This question couldn't be answered at the meeting because Engineering Staff was not present. After discussing the access issue at length, a motion was made to not follow staff recommendations and allow four access point onto School Rd. The motion passed 5 to 1 to allow the fourth access point onto School Rd. The Planning Commission did note they would like the left turn lane concept explored on School Rd. Because this was a split vote this item will be placed on the new business section of the City Council agenda. BOARD ACTION REQUESTED: Consideration of Planning Commission Recommendation. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15181 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT AND SITE PLAN REVIEW FOR IMPROVEMENTS TO WEST ELEMENTARY SCHOOL LOCATED AT 875 SCHOOL RD SW., HUTCHINSON, MN. FACTS 1. Independent School District 9423 is the owner of the property located at 875 School Rd SW, Hutchinson; and, 2. The subject property is legally described as: 14.64 Acres of SW'/4 , SW'/4 , Section 01-116-30 — South'/z - Half Section 3. Independent School District 9423, has applied to the City for a conditional use permit and site plan review for improvements to West Elementary School located at 875 School Rd SW. Hutchinson. 4. The Planning Commission met on June 16, 2020 and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request due to the following findings and conditions: a. The site plan is acceptable contingent on the conditional use permit being approved. b. The standards for granting a conditional use permit would be met, subject to the conditions stated. C. The Planning Commission recommends a maximum of four ingress/egress point be allowed onto School Road. d. The proposed building and site improvements shall comply with the standards of the R-2 district and the Zoning Ordinance, as well as all other City regulations. e. Any reconstruction of existing infrastructure within City of Hutchinson easement areas shall be the owner's responsibility, including improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. f. There must be emergency service around the building the meets the fire code. g. Moving or relocating any utility services will be at the property owner's expense. h. The City of Hutchinson must approve a traffic control plan prior to any construction activity impacting School Road. i. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work affects roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work is not fully completed within 10 calendar days, the City reserves the right to have the work completed and invoices/assess the property owner for all associated costs. Findings of Fact — Resolution # 15181 West Elementary CUP/Site Plan Page 2 j. The City requires that a Stormwater Management Agreement be executed and recorded by the owner prior to commencing construction. This is required to be recorded for each parcel that a structural stormwater BMP is installed on. k. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use required approval of a new conditional use permit. 5. The City Council of the City of Hutchinson reviewed the requested conditional use permit and site plan review at its meeting on June 23, 2020 and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: a. The site plan is acceptable contingent on the conditional use permit being approved. b. The standards for granting a conditional use permit would be met, subject to the conditions stated. C. Council recommends a maximum of four ingress/egress points be allowed onto School Road. d. The proposed building and site improvements shall comply with the standards of the R-2 district and the Zoning Ordinance, as well as all other City regulations. e. Any reconstruction of existing infrastructure within City of Hutchinson easement areas shall be the owner's responsibility, including improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. f. There must be emergency service around the building the meets the fire code. g. Moving or relocating any utility services will be at the property owner's expense. h. The City of Hutchinson must approve a traffic control plan prior to any construction activity impacting School Road. i. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work affects roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work is not fully completed within 10 calendar days, the City reserves the right to have the work completed and invoices/assess the property owner for all associated costs. j. The City requires that a Stormwater Management Agreement be executed and recorded by the owner prior to commencing construction. This is required to be recorded for each parcel that a structural stormwater BMP is installed on. k. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use required approval of a new conditional use permit. APPLICABLE LAW 6. The conditional use permit request meets the following standards as required in Section 154.174 and 154.175 of the City of Hutchinson Municipal Code: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; Findings of Fact — Resolution # 15181 West Elementary CUP/Site Plan Page 3 (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. CONCLUSIONS OF THE LAW 7. The requested conditional use permit is consistent with the comprehensive plan. 8. The proposed use will not have a substantial or undue adverse effect upon adjacent property, character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare. 9. The proposed use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a conditional use permit and site plan review to allow improvements to West Elementary School located at 875 School Rd SW., Hutchinson MN is approved. Adopted by the City Council this 23rd day of June, 2020. ATTEST: Matthew Jaunich Gary T. Forcier City Administrator Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP and City of Hutchinson Planning Staff Date: June 19, 2020 for June 23, 2020, Planning Commission Meeting Application: CONSIDERATION OF REQUEST FOR A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT FOR AN ADDITION TO WEST ELEMENTARY SCHOOL LOCATED AT 875 SCHOOL RD SW HUTCHINSON. Applicant: Independent School District #423 — Daron VanderHeiden, Superintendent SITE PLAN REVIEW AND CONDITIONAL USE PERMIT Brief Description The applicant has submitted applications for a site plan review and conditional use permit for the addition to West Elementary School, 875 School Rd SW, Hutchinson. The conditional use permit is needed for a school in an R-2 zoning district. _ Indicates property described in this notice N _ _ AGH'rH OVF S I - 75 Q rr' 0 d Site Plan Review and Conditional Use Permit West Elementary School — 875 School Rd SW., Hutchinson. Planning Commission — 6-16-20 Page 2 GENERAL INFORMATION Existing Zoning: R-2 Medium Density Residential District Property Location: 875 School Road SW, Hutchinson. Lot Size: 13 Acres Existing Land Use: Elementary School Adjacent Land Use: High school to North, school property to East, church to South, church and residential to West Adjacent Zoning: R-2 Medium Density Residential District. Comprehensive Plan: Public/Institutional Zoning History: Zoned R-2 since school was built Applicable Regulations: City Code of Ordinances Sections: 154.174, and 154.175 Transportation: Access is off School Road SW Physical Characteristics: Relatively flat, developed as a school campus. Analysis: See the following for analysis on the site plan review and Conditional Use Permit Site Plan: The City Council deems it is necessary and appropriate to require site plan approval of developments in certain zoning districts to preserve and promote attractive, well -planned, stable urban conditions. The following is an overview of site plan considerations. Building: The proposed total square footage of the addition is 67,000 square feet. The maximum building height allowed by ordinance is 35 feet. Please see attached building elevations Setbacks: All setbacks appear to be met. There is going to be a lot line shift of the east property line in the future, as it is encroaching into the Middle School Property. Staff does not have any issues with the lot line shift. Parking/Access/Circulation 316 parking spaces are shown on the site plan. 244 are for normal school day use and an additional 72 are for use with special events at the school. The zoning ordinance requires 4.5 parking spaces per classroom. 244 parking spaces appear adequate to cover the parking needs for the school for school days. Schools have the greatest parking needs when there are special events or activities at the school on nights or weekends. The Site Plan Review and Conditional Use Permit West Elementary School — 875 School Rd SW., Hutchinson. Planning Commission — 6-16-20 Page 3 additional 72 spaces will help with this demand. It appears that parking has been maximized on the site in order to accommodate as much parking needs as possible. Staff believes parking will be adequate on site. There are currently three ingress/egress points to the site. The furthest entrance/exit to the south is the main drop off pick up site for the school and is the busiest. Additionally, there is two access points to the parking lot located directly west of the school. The school district is proposing adding another access point to the south of the most northerly access point. The school district is trying to separate traffic the best it can and thinks adding another ingress/egress point would be beneficial. That being said, City Staff does have concerns with adding another access point to an already busy street. Staff s recommendation is to continue with three ingress/egress point to the site. City Staff can work with the school district/school district representatives to determine how to move forward with potentially three ingress/egress locations. Site circulation appears to be generally acceptable. Having buses dropping off on the east side should be very helpful. Landscapin and nd Lighting: Staff will be doing a complete landscape plan review at the time of building permit plan review. In reviewing previous projects completed by this developer it appears that, they are very aesthetically pleasing. Per the Zoning Ordinance, lighting installed must be indirect and shall not produce glare on adjacent properties or public right of ways. Stormwater Management/Erosion Control: City Staff has review the stormwater management plan in detail. The City requires that a Stormwater Management Agreement be executed and recorded by the owner prior to commencing construction. This is required to be recorded for each parcel that a structural stormwater BMP is installed on. This would not apply to the Middle School regional pond area as it is managed by the City. Additionally, a city Excavation/Erosion Control Permit will be required in addition to a State NPDES Construction Stormwater Permit. Conditional Use Permit: The Conditional Use Permit (CUP) is required for a school in an R-2 District. Since the use is already a school staff does not anticipate any issues regarding the conditional use permit as long as the below standards are met. The following are standards for granting a conditional use permit: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Site Plan Review and Conditional Use Permit West Elementary School — 875 School Rd SW., Hutchinson. Planning Commission — 6-16-20 Page 4 Recommendation: Staff recommends approval of the site plan review, conditional use permit and variance with the following findings and conditions: 1. The site plan is acceptable contingent on the conditional use permit being approved. 2. The standards for granting a conditional use permit would be met, subject to the conditions stated. 3. City Staff recommends only three ingress/egress points be allowed onto School Road. 4. The proposed building and site improvements shall comply with the standards of the R-2 district and the Zoning Ordinance, as well as all other City regulations. 5. Any reconstruction of existing infrastructure within City of Hutchinson easement areas shall be the owner's responsibility, including improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. 6. There must be emergency service access around the building that meets the fire code. 7. Moving or relocating any utility services will be at the property owner's expense. 8. The City of Hutchinson must approve a traffic control plan prior to any construction activity impacting School Road. 9. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work isn't fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice/assess the property owner for all associated costs. 10. The City requires that a Stormwater Management Agreement be executed and recorded by the owner prior to commencing construction. This is required to be recorded for each parcel that a structural stormwater BMP is installed on. 11. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. ISM /} Eli !(\5! !® � !�/ I a ` � ( \ F5 El Ill 's 08804e a ease ED eta 90) CD C%j om El F If I I TTI ohoT A < ....... an GVOd IOOHOS 4 F- CD El \ ;e E 27 -_ . . . t, ,---�-�«- —1 : 2 cm � o v w(7 Sw El I I ill I I o I I I I -------------- - IIL I � I I ' I 1TTII I II I I I I I I I � I I I I � I y I � I I I I � I I I I I I � I I I I I I I I I I I J I \ I I I I I I I I I I I I I I I ` I I I I I I I I II I II I; ❑ I I II I I I ; II I I I I II I I I II I I i i I II I II I I II @ ll i Iz it I� I i ItEE7tAl IN to I I �T I i s z GVOd IOOHOS �- 0o w w m io -- �Np6 oN€ _ J= zOpz � N o 0 CD \\ \ ;e E 27 El -_ . . . jg- (D(D(D(Dr -------------------- } 2 C%j \ \ \\ }\ \ \ \) � 7/* \ \ \\ \ ;e E 27 ❑ -_ . . . � � —1 ! 2 6«`ID\ / , ()( \ � � , — , —1 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Tobacco License - Smokes4Less Hutch, Inc. Department: Administration LICENSE SECTION Meeting Date: 6/23/2020 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Waseem Abujudah is acquiring Smokes4Less Hutch, Inc. located at 114 Main Street South. As part of that acquisition, Mr. Abujudah has submitted a tobacco license due to the new ownership. The Hutchinson Police Department has conducted a background investigation on the applicant and has found nothing that would preclude Mr. Abujudah, on behalf of Smokes4Less Hutch Inc. from being eligible for a license. BOARD ACTION REQUESTED: Approve issuing tobacco license to Smokes4Less Hutch, Inc. located at 114 Main Street South Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: License Fee: $175.00 1 Hassan Street Southeast Investigation Fee: Hutchinson, MN 55350 Operating Year: (320) 587-5151 Fax: (320) 234-4240 City, of Hutchinson Application for License to Sell Tobacco at Retail (Under Ordinance No. 113) Applicant Information m5ErM A. H Applicant Name (First, Middle & Last) Applicant Phone Number [1111WInd 964. NE, MNL_ �y32 Applicant Address Ci State ZIP Business Information U,,►�oKLS �� ItSS HlitiLh INC., B DBA Business Phonn e Number Has a Certificate of Assumed Name been file with the If Yes, what is the assumed name? Secretary ofState's Office? ❑ yes V�tlno 11+-i Maim _��tP �I HLAtChirlS(42 MN 5D Address City State Zip ontact Co rate Information (if a licable)— _ iP�S 1�.�cL, Inc � Corporate Name Corporate Phone Number I D I Hatch i kisav, MN[ Corporate Address City State Zip G S e YY1 1 D a CEO J License Coordinator *Please notify City o Hutchinson of chan e gf ownership within 30 days )f change. Checklist The following items need to be completed and/or attached in order for the application to be processed: Application fee paid in full (check or money order): 16 yes ❑ no Annlication completed in full and signed": es ❑ no 1) The applicant is under the age of 18 years; 2) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to tobacco or tobacco products or tobacco -related devices; 3) The applicant has had a license to sell tobacco, tobacco products or tobacco -related devices revoked within the preceding 12 months of that date of application; 4) The applicant fails to provide any information required on the application, or provides false or misleading information; or 5) The applicant is prohibited by federal, state or local law, ordinance or other regulation, from holding this type of a license. H:Licenses/Applicalions/Pobacco.doc City of Hutchinson Application for License to Sell Tobacco at Retail Page 2 of 3 I hereby certify that I have completely filled out the entire above application and that the application is true, correct, and accurate. AL- i—A� �zo Date Signature of Applicant � (K p k' Print Name Title NOTE: No application will be forwarded to the City Council unless received two weeks prior to the regular Council meeting, filled out in completion, and fee payment is attached. internal Use Background Check Completed Citv Council D approved 0 denied Notes: H:Licenses/Appl icai ionsrrobacco.doc HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approval of City of Hutchinson Water Supply Plan Department: PW/Eng LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Per the Minnesota Department of Natural Resources, the City of Hutchinson is being asked to formally approve and adopt the recently finalized Water Supply Plan. Thus, please see the attached plan document, associated cover letter and Certification of Adoption form. City staff will be available to answer any specific question at the upcoming City Council meeting. BOARD ACTION REQUESTED: Approval of City of Hutchinson Water Supply Plan and Certification of Adoption Form Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: DEPARTMENT OF NATURAL RESOURCES Division of Ecological and Water Resources 1400 E Lyon Marshall, MN 56258 March 10, 2020 Kent Exner, City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Subject: 2018 Water Supply Plan Approval, City of Hutchinson, McLeod County Dear Mr. Exner, Our office has completed the review of your water supply plan for the public water supply authorized under DNR Water Appropriation Permit No. 1968-0209. I am pleased to inform you that in accordance with Minnesota Statutes, Section 103G.291, Subdivision 3, and on behalf of the Commissioner of the Department of Natural Resources, I hereby approve your water supply plan. We encourage cities to complete the attached "Certificate of Adoption" form. Please upload the form to the Minnesota DNR Permitting and Reporting System (MPARS) as soon as the city officially adopts the plan. The DNR also encourages the city to educate its customers on how they can reduce household water use. As mentioned at the water supply planning workshops, the DNR will be contacting you periodically regarding the progress the city has made on their water conservation goals. We encourage you to keep records of your success. For future consideration, please be advised that the city will be required (with its next permit amendment) to install a 4-inch observation well in the center of its well field and at least one observation well away from the pumping center. Monitoring of these observation wells will include multiple daily readings using a data logger transducer, and monthly hand measurements will be required for the purpose of transducer calibration. The future establishment of observation wells within the city's well field will eliminate the need to monitor water levels in the pumping wells. In the meantime, however, the DNR will be amending your permit to include a monitoring condition. This condition will be consistent with the city's water level monitoring plan, as described in Appendix 2 of the water supply plan, and will require the recorded data to be submitted to the DNR on an annual basis. Thank you for your efforts in planning for the future of the City of Hutchinson's water supply and for conserving the water resources of the State of Minnesota. If you have any questions or need additional assistance with the city's water appropriation permit, please contact Area Hydrologist Garry Bennett at (320) 234-2550, ext. 230 or garry.bennett@state.mn.0 7Se s, / nager Enclosure: Certification of Adoption ec: Robert Collett, DNR Regional Manager Cannelita Nelson, DNR Water Conservation Consultant CERTIFICATION OF ADOPTION WATER SUPPLY PLAN City of Hutchinson Name of Person Authorized to Sign Certification on Behalf of the System: Matt Jaunich Title: City Administrator Address: 111 Hassan St SE Hutchinson MN 55350 Telephone: 320-587-4241 Fax: 320-234-4240 Email: mjaunich@ci.hutchinson.mn.us I certify that the Water Supply Plan approved by the Department of Natural Resources has been adopted by the Hutchinson City Council that has authority over water supply services on June 23, 2020. Signed: Dated: 06/23/2020 City of Hutchinson Water Supply Plan October 2018 Formerly called Water Emergency & Water Conservation Plon DEPARTMENT OF NATURAL RESOURCES Cover photo by Molly Shodeen MDEPARTMENT OF NATURAL RESOURCES For more information on this Water Supply Plan Template, please contact the DNR Division of Ecological and Water Resources at (651) 259-5034 or (651) 259-5100. Copyright 2015 State of Minnesota, Department of Natural Resources This information is available in an alternative format upon request. Equal opportunity to participate in and benefit from programs of the Minnesota Department of Natural Resources is available to all individuals regardless of race, color, creed, religion, national origin, sex, marital status, public assistance status, age, sexual orientation, disability or activity on behalf of a local human rights commission. Discrimination inquiries should be sent to Minnesota DNR, 500 Lafayette Road, St. Paul, MN 55155-4049; or the Equal Opportunity Office, Department of the Interior, Washington, DC 20240. 2 Table of contents INTRODUCTION TO WATER SUPPLY PLANS (WSP)...............................................................6 Who needs to complete a Water Supply Plan...........................................................................6 Groundwater Management Areas (GWMA)..............................................................................6 Benefitsof completing a WSP...................................................................................................6 WSPApproval Process.............................................................................................................7 PART 1. WATER SUPPLY SYSTEM DESCRIPTION AND EVALUATION..................................9 A. Analysis of Water Demand.................................................................................................9 B. Treatment and Storage Capacity.....................................................................................11 Treatment and storage capacity versus demand........................................................................... 12 C. Water Sources.................................................................................................................12 Limits on Emergency Interconnections.......................................................................................... 13 D. Future Demand Projections — Key Metropolitan Council Benchmark..............................13 WaterUse Trends........................................................................................................................... 13 ProjectionMethod.......................................................................................................................... 14 E. Resource Sustainability....................................................................................................14 Monitoring — Key DNR Benchmark................................................................................................. 14 WaterLevel Data............................................................................................................................ 15 Potential Water Supply Issues & Natural Resource Impacts — Key DNR & Metropolitan Council Benchmark......................................................................................................................................16 Wellhead Protection (WHP) and Source Water Protection (SWP) Plans ........................................ 22 F. Capital Improvement Plan(CIP).......................................................................................23 Adequacy of Water Supply System................................................................................................. 23 Proposed Future Water Sources..................................................................................................... 24 Water Source Alternatives - Key Metropolitan Council Benchmark .............................................. 24 PART 2. EMERGENCY PREPAREDNESS PROCEDURES.....................................................25 A. Emergency Response Plan..............................................................................................25 B. Operational Contingency Plan..........................................................................................25 C. Emergency Response Procedures...................................................................................25 3 Emergency Telephone List 26 Current Water Sources and Service Area....................................................................................... 26 Procedure for Augmenting Water Supplies.................................................................................... 26 Allocation and Demand Reduction Procedures.............................................................................. 27 Notification Procedures.................................................................................................................. 30 Enforcement...................................................................................................................................31 PART 3. WATER CONSERVATION PLAN................................................................................32 Progresssince 2006................................................................................................................33 A. Triggers for Allocation and Demand Reduction Actions...................................................33 B. Conservation Objectives and Strategies —Key benchmark for DNR ............................... 34 Objective 1: Reduce Unaccounted (Non -Revenue) Water loss to Less than 10% .......................... 34 Objective 2: Achieve Less than 75 Residential Gallons per Capita Demand (GPCD) ...................... 36 Objective 3: Achieve at least 1.5% annual reduction in non-residential per capita water use ...... 37 Objective 4: Achieve a Decreasing Trend in Total Per Capita Demand .......................................... 38 Objective 5: Reduce Ratio of Maximum day to the Average Day Demand to Less Than 2.6 .........39 Objective 6: Implement Demand Reduction Measures.................................................................. 39 Objective 7: Additional strategies to Reduce Water Use and Support Wellhead Protection Planning..........................................................................................................................................41 Objective 8: Tracking Success: How will you track or measure success through the next ten years?.............................................................................................................................................. 42 C. Regulation........................................................................................................................42 D. Retrofitting Programs.......................................................................................................43 RetrofittingPrograms..................................................................................................................... 43 E. Education and Information Programs...............................................................................44 Proposed Education Programs....................................................................................................... 44 PART 4. ITEMS FOR METROPOLITAN AREA COMMUNITIES...............................................48 A. Water Demand Projections through 2040........................................................................48 B. Potential Water Supply Issues.........................................................................................48 4 C. Proposed Alternative Approaches to Meet Extended Water Demand Projections ........... 48 D. Value -Added Water Supply Planning Efforts (Optional)...................................................49 Source Water Protection Strategies............................................................................................... 49 Technicalassistance........................................................................................................................ 49 GLOSSARY................................................................................................................................50 Acronyms and Initialisms.........................................................................................................52 APPENDICES TO BE SUBMITTED BY THE WATER SUPPLIER.............................................52 Appendix 1: Well records and maintenance summaries........................................................53 Appendix 2: Water level monitoring plan................................................................................60 Appendix 3: Water level graphs for each water supply well....................................................61 Appendix 4: Capital Improvement Plan...................................................................................66 Appendix 5: Emergency Telephone List.................................................................................68 Appendix 6: Cooperative Agreements for Emergency Services.............................................69 Appendix 7: Municipal Critical Water Deficiency Ordinance....................................................70 Appendix 8: Graph of Ten Years of Annual Per Capita Water Demand for Each Customer Category.................................................................................................................................. 73 Appendix 9: Water Rate Structure..........................................................................................74 Appendix 10: Ordinances or Regulations Related to Water Use.............................................75 Appendix 11: Implementation Checklist................................................................................. 76 Appendix 12: Sources of Information for Table 10.................................................................77 5 DEPARTMENT OF NATURAL RESOURCES - DIVISION OF ECOLOGICAL AND WATER RESOURCES AND METROPOLITAN COUNCIL INTRODUCTION TO WATER SUPPLY PLANS (WSP) Who needs to complete a Water Supply Plan Public water suppliers serving more than 1,000 people, large private water suppliers in designated Groundwater Management Areas, and all water suppliers in the Twin Cities metropolitan area are required to prepare and submit a water supply plan. The goal of the WSP is to help water suppliers: 1) implement long term water sustainability and conservation measures; and 2) develop critical emergency preparedness measures. Your community needs to know what measures will be implemented in case of a water crisis. A lot of emergencies can be avoided or mitigated if long term sustainability measures are implemented. Groundwater Management Areas (GWMA) The DNR has designated three areas of the state as Groundwater Management Areas (GWMAs) to focus groundwater management efforts in specific geographies where there is an added risk of overuse or water quality degradation. A plan directing the DNRs actions within each GWMA has been prepared. Although there are no specific additional requirements with respect to the water supply planning for communities within designated GWMAs, communities should be aware of the issues and actions planned if they are within the boundary of one of the GWMAs. The three GWMAs are the North and East Metro GWMA (Twin Cities Metro), the Bonanza Valley GWMA and the Straight River GWMA (near Park Rapids). Additional information and maps are included in the DNR Groundwater Management Areas webpage. Benefits of completing a WSP Completing a WSP using this template, fulfills a water supplier's statutory obligations under M.S. M.S.103G.291 to complete a water supply plan. For water suppliers in the metropolitan area, the WSP will help local governmental units to fulfill their requirements under M.S. 473.859 to complete a local comprehensive plan. Additional benefits of completing WSP template: • The standardized format allows for quicker and easier review and approval • Help water suppliers prepare for droughts and water emergencies. • Create eligibility for funding requests to the Minnesota Department of Health (MDH) for the Drinking Water Revolving Fund. • Allow water suppliers to submit requests for new wells or expanded capacity of existingwells. • Simplify the development of county comprehensive water plans and watershed plans. • Fulfill the contingency plan provisions required in the MDH wellhead protection and surface water protection plans. • Fulfill the demand reduction requirements of Minnesota Statutes, section 103G.291 subd 3 and 4. N. • Upon implementation, contribute to maintaining aquifer levels, reducing potential well interference and water use conflicts, and reducing the need to drill new wells or expand system capacity. • Enable DNR to compile and analyze water use and conservation data to help guidedecisions. • Conserve Minnesota's water resources If your community needs assistance completing the Water Supply Plan, assistance is available from your area hydrologist or groundwater specialist, the MN Rural Waters Association circuit rider program, or in the metropolitan area from Metropolitan Council staff. Many private consultants are also available. WSP Approval Process 10 Basic Steps for completing a 10-Year Water Supply Plan 1. Download the DNR/Metropolitan Council Water Supply Plan Template from the DNR Water Supply Plan webpage. 2. Save the document with a file name with this naming convention: WSP_cityname_permitnumber_date.doc. 3. The template is a form that should be completed electronically. 4. Compile the required water use data (Part 1) and emergency procedures information (Part2) 5. The Water Conservation section (Part 3) may need discussion with the water department, council, or planning commission, if your community does not already have an active water conservation program. 6. Communities in the seven -county Twin Cities metropolitan area should complete all the information discussed in Part 4. The Metropolitan Council has additional guidance information on their Water Supply webpage. All out -state water suppliers do not need to complete the content addressed in Part 4. 7. Use the Plan instructions and Checklist document from the DNR Water Supply Plan webpage to insure all data is complete and attachments are included. This will allow for a quicker approval process. 8. Plans should be submitted electronically using the MPARS website — no paper documents are required. 9. DNR hydrologist will review plans (in cooperation with Metropolitan Council in Metro area) and approve the plan or make recommendations. 10. Once approved, communities should complete a Certification of Adoption form, and send a copy to the DNR. 7 Complete Table 1 with information about the public water supply system covered by this WSP. Table 1. General information regarding this WSP Requested Information Description DNR Water Appropriation Permit Number(s) 1968-0209 Ownership ❑X Public or ❑ Private Metropolitan Council Area ❑ Yes or ❑X No (McLeod County) Street Address 111 Hassan St SE City, State, Zip Hutchinson, MN 55350 Contact Person Name Kent Exner Title City Engineer Phone Number 320-234-4240 MDH Supplier Classification Municipal PART 1. WATER SUPPLY SYSTEM DESCRIPTION AND EVALUATION The first step in any water supply analysis is to assess the current status of demand and availability. Information summarized in Part 1 can be used to develop Emergency Preparedness Procedures (Part 2) and the Water Conservation Plan (Part 3). This data is also needed to track progress for water efficiency measures. A. Analysis of Water Demand Complete Table 2 showing the past 10 years of water demand data. • Some of this information may be in your Wellhead Protection Plan. • If you do not have this information, do your best, call your engineer for assistance or if necessary leave blank. If your customer categories are different than the ones listed in Table 2, please describe the differences below: Customer categories are residential, commercial, and industrial. We also record water supplier services. 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For each user, include information about the category of use (residential, commercial, industrial, institutional, or wholesale), the amount of water used in gallons per year, the percent of total water delivered, and the status of water conservation measures. Table 3. Large volume users 2016 Customer Use Category (Residential, Industrial, Commercial, Institutional, Wholesale) Amount Used (Gallons per Year) Percent of Total Annual Water Delivered Implementing Water Conservation Measures? (Yes/No/Unknown) 1. 3M CO INDUSTRIAL 56,331,000 10.1 % YES 2. HUTCH TECHNOLOGY INDUSTRIAL 39,867,000 7.2 % YES 3. OHLY AMERICAS INDUSTRIAL 23,632,000 4.2% YES 4. HUTCHINSON HEALTH COMMERCIAL 7,555,000 1.4 % YES 5. COUNTRY CLUB TERRACE COMMERCIAL 7,361,000 1.3 % UNKNOWN 6. MUNICIPAL ELECTRIC PLANT COMMERCIAL 6,585,000 1.2 % UNKNOWN 7. HOLIDAY STATION COMMERCIAL 5,753,000 1.0 % UNKNOWN 8. MCKRAUT HOLDING LLC COMMERCIAL 4,635,000 0.8 % UNKNOWN 9. MAYTAG LAUNDRY/CARWASH COMMERCIAL 3,510,000 0.6 % UNKNOWN 10. HARMONY RIVER COMMERCIAL 3,432,000 0.6 % UNKNOWN B. Treatment and Storage Capacity Complete Table 4 with a description of where water is treated, the year treatment facilities were constructed, water treatment capacity, the treatment methods (i.e. chemical addition, reverse osmosis, coagulation, sedimentation, etc.) and treatment types used (i.e. fluoridation, softening, chlorination, Fe/MN removal, coagulation, etc.). Also describe the annual amount and method of disposal of treatment residuals. Add rows to the table as needed. Table 4. Water treatment capacity and treatment processes Treatment Hutchinson Water Treatment Plant Site ID Year 2006 Constructed Treatment 6.48 MGD Capacity (GPD) Treatment Raw water is split between two parallel treatment methods: 75% Reverse Osmosis and 25 % Method Biological Filtration. Treatment RO pre -filters, antiscalant, forced draft aeration, dissolved oxygen addition, NaOH for pH adjustment, Type fluoridation, NaOCI for disinfectant residual, Removal of alkalinity, hardness, iron, ammonia, and manganese. Annual RO Concentrate flow 2008 - 2017: High was 162.4 MG in 2008, Low was 119.4 MG in 2016. 10 year Volume of average is 132.4 MG, recent 5 year average is 122.5 MG. RO's have a 75% recovery rate. Residuals Biofilter backwash flow 2008 - 2017: High was 1.5 MG in 2008, Low was 1.1 MG in 2017. 10 year average is 1.23 MG, recent 5 year average is 1.16 MG. Bio-Filters are around 99% efficient. 11 Disposal Sanitary Sewer Process for Residuals Reclaim No Filter Backwash Water? Complete Table 5 with information about storage structures. Describe the type (i.e. elevated, ground, etc.), the storage capacity of each type of structure, the year each structure was constructed, and the primary material for each structure. Add rows to the table as needed. Table 5. Storage capacity, as of the end of the last calendar year Structure Name Type of Storage Structure Year Constructed Primary Material Storage Capacity (Gallons) Clearwell A Ground storage 2006 Concrete 79,000 Clearwell B Ground storage 2006 Concrete 58,000 Reservoir Ground storage 2005 Concrete 1,500,000 Golf Course Tower Elevated storage 1972 Steel 500,000 South Park Tower Elevated storage 1993 Steel 500,000 Century Tower Elevated storage 1972 Steel 500,000 Total NA NA NA 3,137,000 Treatment and storage capacity versus demand It is recommended that total storage equal or exceed the average daily demand. Discuss the difference between current storage and treatment capacity versus the water supplier's projected average water demand over the next 10 years (see Table 7 for projected water demand): The City of Hutchinson has water storage capacity roughly equal to the projected maximum daily demand in 2028. Current storage is nearly double the projected average daily demand in 2028. With a treatment capacity of 6.48 MGD, the City is well prepared to meet future demands. Water conservation and efficiency efforts will continue to be important not only to preserve the natural resource, but also to safeguard against any unforeseen future high water demands. C. Water Sources Complete Table 6 by listing all types of water sources that supply water to the system, including groundwater, surface water, interconnections with other water suppliers, or others. Provide the name of each source (aquifer name, river or lake name, name of interconnecting water supplier) and the 12 Minnesota unique well number or intake ID, as appropriate. Report the year the source was installed or established and the current capacity. Provide information about the depth of all wells. Describe the status of the source (active, inactive, emergency only, retail/wholesale interconnection) and if the source facilities have a dedicated emergency power source. Add rows to the table as needed for each installation. Include copies of well records and maintenance summary for each well that has occurred since your last approved plan in Appendix 1. Table 6. Water sources and status Resource Type Resource Name MN Unique Year Capacity Well Status of Normal Does this Source (Groundwater, Well # or Installed (Gallons Depth and Emergency have a Dedicated Surface water, Intake ID per (Feet) Operations (active, Emergency Power Interconnection) Minute) inactive, Source? (Yes or emergency only, No) retail/wholesale interconnection)) Groundwater Well 210426 1966 1100 412 Active No Groundwater Well 228800 1971 1100 409 Active No Groundwater Well 233077 1973 1100 473 Active No Groundwater Well 511076 1988 1100 402 Active Yes Groundwater Well 724408 2007 1100 415 Active Yes Limits on Emergency Interconnections Discuss any limitations on the use of the water sources (e.g. not to be operated simultaneously, limitations due to blending, aquifer recovery issues etc.) and the use of interconnections, including capacity limits or timing constraints (i.e. only 200 gallons per minute are available from the City of Prior Lake, and it is estimated to take 6 hours to establish the emergency connection). If there are no limitations, list none. No Limitations A Future Demand Projections - Key Metropolitan Council Benchmark Water Use Trends Use the data in Table 2 to describe trends in 1) population served; 2) total per capita water demand; 3) average daily demand; 4) maximum daily demand. Then explain the causes for upward or downward trends. For example, over the ten years has the average daily demand trended up or down? Why is this occurring? The City of Hutchinson had an average annual population increase of 1.25%from 2000 to 2017. Most of this growth came between 2000 and 2008. Over the last five years, 2012 to 2017, the City's average annual population increase has been only 0.3%. Total per capita, average daily, and maximum daily water demands are all trending downward or stable. The largest decrease in water demands happened from 2007 to 2010 due to the local economy. Conservation efforts and higher water rates helped water demands to steadily decrease after 2010 and stabilize from 2012 to 2017. 13 Use the water use trend information discussed above to complete Table 7 with projected annual demand for the next ten years. Communities in the seven -county Twin Cities metropolitan area must also include projections for 2030 and 2040 as part of their local comprehensive planning. Projected demand should be consistent with trends evident in the historical data in Table 2, as discussed above. Projected demand should also reflect state demographer population projections and/or other planning projections. Table 7. Projected annual water demand Year Projected Total Population Projected Population Served Projected Total Per Capita Water Demand (GPCD) Projected Average Daily Demand (MGD) Projected Maximum Daily Demand (MGD) 2019 14245 14245 101 1.47 2.60 2020 14423 14423 101 1.48 2.64 2021 14603 14603 101 1.50 2.67 2022 14785 14785 100 1.52 2.70 2023 14970 14970 100 1.54 2.74 2024 15157 15157 100 1.56 2.77 2025 15347 15347 99 1.58 2.81 2026 15539 15539 99 1.60 2.84 2027 15733 15733 99 1.62 2.88 2028 15930 15930 98 1.64 2.91 2033 16951 16951 98 1.74 3.10 2043 19193 19193 98 1.98 3.51 GPCD — Gallons per Capita per Day MGD — Million Gallons per Day Projection Method Describe the method used to project water demand, including assumptions for population and business growth and how water conservation and efficiency programs affect projected water demand: Population projections are taken from an average annual increase in population of 1.25%from 2000-2017. Business growth has been slow. The number of commercial and industrial connections had little change from 2012 to 2017. In recent years, water delivered to commercial and industrial customers has stabilized around 220 MGY. Average and daily demands were stable or falling from 2012 to 2017. Demand projections were made by multiplying 2017 average and daily demands by an average annual increase of 1.25%. Overall, water conservation efforts and increased rates after new plant construction in 2007 has led to a dramatic decrease in water demand in 2007 to 2010 followed by a steady decrease and stabilization from 2012 to2017. E. Resource Sustainability Monitoring — Key DNR Benchmark Complete Table 8 by inserting information about source water quality and quantity monitoring efforts. The list should include all production wells, observation wells, and source water intakes or reservoirs. Groundwater level data for DNR's statewide network of observation wells are available online through the DNR's Cooperative Groundwater Monitoring (CGM) webpage. 14 Table 8. Information about source water quality and quantity monitoring MN Unique Well # Type of monitoring Monitoring program Frequency of Monitoring Method or Surface Water ID point monitoring Well ❑X production well ❑X routine MDH ❑X continuous ❑X SCADA Unique # 210426 ❑ observation well sampling ❑ hourly ❑X grab sampling ❑ source water ❑X routine water ❑ daily ❑X steel tape intake utility sampling ❑X monthly ❑ stream gauge ❑ source water ❑ other ❑X quarterly reservoir ❑ annually Well 5 ❑X production well ❑X routine MDH ❑X continuous ❑X SCADA Unique # 228800 ❑ observation well sampling ❑ hourly ❑X grab sampling ❑ source water ❑X routine water ❑ daily ❑X steel tape intake utility sampling ❑X monthly ❑ stream gauge ❑ source water ❑ other ❑X quarterly reservoir ❑ annually Well 6 ❑X production well ❑X routine MDH ❑X continuous ❑X SCADA Unique # 233077 ❑ observation well sampling ❑ hourly ❑X grab sampling ❑ source water ❑X routine water ❑ daily ❑X steel tape intake utility sampling ❑X monthly ❑ stream gauge ❑ source water ❑ other ❑X quarterly reservoir ❑ annually Well 7 ❑X production well ❑X routine MDH ❑ continuous ❑X SCADA Unique # 511076 ❑ observation well sampling ❑ hourly ❑X grab sampling ❑ source water ❑X routine water ❑ daily ❑X steel tape intake utility sampling ❑ monthly ❑ stream gauge ❑ source water ❑ other ❑ quarterly reservoir ❑ annually Well ❑X production well ❑X routine MDH ❑X continuous ❑X SCADA Unique # 724408 ❑ observation well sampling ❑ hourly ❑X grab sampling ❑ source water ❑X routine water ❑ daily ❑X steel tape intake utility sampling ❑X monthly ❑ stream gauge ❑ source water ❑ other ❑X quarterly reservoir ❑ annually Water Level Data A water level monitoring plan that includes monitoring locations and a schedule for water level readings must be submitted as Appendix 2. If one does not already exist, it needs to be prepared and submitted with the WSP. Ideally, all production and observation wells are monitored at least monthly. Complete Table 9 to summarize water level data for each well being monitored. Provide the name of the aquifer and a brief description of how much water levels vary over the season (the difference between the highest and lowest water levels measured during the year) and the long-term trends for each well. If water levels are not measured and recorded on a routine basis, then provide the static water level when each well was constructed and the most recent water level measured during the same season the well was constructed. Also include all water level data taken during any well and pump maintenance. Add rows to the table as needed. 15 Groundwater hydrographs illustrate the historical record of aquifer water levels measured within a well and can indicate water level trends over time. For each well in your system, provide a hydrograph for the life of the well, or for as many years as water levels have been measured. Include the hydrographs in Appendix 3. An example of a hydrograph can be found on the DNR's Groundwater Hydrograph webpage. Hydrographs for DNR Observation wells can be found in the CGM discussed above. Table 9. Water level data Unique Well Aquifer Name Seasonal Variation Long-term Trend in Water level Number or Well ID (Feet) water level data measured during well/pumping maintenance Well 4 Quaternary Buried Static 1.8 feet ❑ Falling NA Unique # 210426 Artesian Aquifer Pumping 6.5 feet ❑X Stable ❑ Rising Well 5 Quaternary Buried Static 4.5 feet ❑ Falling NA Unique # 228800 Artesian Aquifer Pumping 3 feet ❑X Stable ❑ Rising Well 6 Quaternary Buried Static 1.9 feet ❑ Falling NA Unique # 233077 Artesian Aquifer Pumping 0 feet ❑X Stable ❑ Rising Well 7 Quaternary Buried Static 1.8 feet ❑ Falling NA Unique # 511076 Artesian Aquifer Pumping 12 feet ❑X Stable ❑ Rising Well 8 Quaternary Buried Static 1.6 feet ❑ Falling NA Unique # 724408 Artesian Aquifer Pumping 3.4 feet ❑X Stable ❑ Rising Potential Water Supply Issues & Natural Resource Impacts — Key DNR & Metropolitan Council Benchmark Complete Table 10 by listing the types of natural resources that are or could potentially be impacted by permitted water withdrawals in the future. You do not need to identify every single water resource in your entire community. The goal is to help you triage the most important water resources and/or the water resources that may be impacted by your water supply system — perhaps during a drought or when the population has grown significantly in ten years. This is emerging science, so do the best you can with available data. For identified resources, provide the name of specific resources that may be impacted. Identify what the greatest risks to the resource are and how the risks are being assessed. Identify any resource protection thresholds —formal or informal —that have been established to identify when actions should be taken to mitigate impacts. Provide information about the potential mitigation actions that may be taken, if a resource protection threshold is crossed. Add additional rows to the table as needed. See the glossary at the end of the template for definitions. Some of this baseline data should have been in your earlier water supply plans or county comprehensive water plans. When filling out this table, think of what are the water supply risks, identify the resources, determine the threshold and then determine what your community will do to mitigate the impacts. 16 Your DNR area hydrologist is available to assist with this table. For communities in the seven -county Twin Cities metropolitan area, the Master Water Supply Plan Appendix 1 (Water Supply Profiles), provides information about potential water supply issues and natural resource impacts for your community. Steps for completing Table 10 1. Identify the potential for natural resource impacts/issues within thecomm unity First, review available information to identify resources that may be impacted by the operation of your water supply system (such as pumping). Potential Sources of Information: • County Geologic Atlas • Local studies • Metropolitan Council System Statement (for metro communities) • Metropolitan Council Master Water Supply Plan (for metro communities) ACTION: Check the resource type(s) that may be impacted in the column "Resource Type" 2. Identify where your water supply system is most likely to impact thoseresources (and vice versa). Potential Sources of Information: • Drinking Water Supply Management Areas • Geologic Atlas - Sensitivity • If no WHPA or other information exists, consider rivers, lakes, wetlands and significant within 1.5 miles of wells; and calcareous fens and trout streams within 5 miles of wells ACTION: Focus the rest of your work in these areas. 3. Within focus areas, identify specific features of value to the community You know your community best. What resources are important to pay attention to? It may be useful to check in with your community's planning and zoning staff and others. Potential Sources of Information: • Park plans • Local studies • Natural resource inventories • Tourist attractions/recreational areas/valued community resource ACTION: Identify specific features that the community prioritizes in the "Resource Name" column (for example: North Lake, Long River, Brook Trout Stream, or Green Fen). If, based on a review of available information, no features are likely to be at risk, note "None". 4. Identify what impact(s) the resource is at risk for Potential Sources oflnformation: 17 • Wellhead Protection Plan • Water Appropriation Permit • County Geologic Atlas • MDH or PCA reports of the area • Metropolitan Council System Statement (for metro communities) • Metropolitan Council Master Water Supply Plan (for metro communities) ACTION: Check the risk type in the column "Risk". If, based on a review of available information, no risk is identified, note "None anticipated". 5. Describe how the risk was assessed Potential Sources oflnformation: • Local studies • Monitoring data (community, WMO, DNR, etc.) • Aquifer testing • County Geologic Atlas or other hydrogeologic studies • Regional or state studies, such as DNR's report 'Definitions and Thresholds for Negative Impacts to Surface Waters' • Well boring logs ACTION: Identify the method(s) used to identify the risk to the resource in the "Risk Assessed Through" column 6. Describe protection threshold/goals What is the goal, if any, for protecting these resources? For example, is there a lower limit on acceptable flow in a river or stream? Water quality outside of an accepted range? A lower limit on acceptable aquifer level decline at one or more monitoring wells? Withdrawals that exceed some percent of the total amount available from a source? Or a lower limit on acceptable changes to a protected habitat? Potential Sources of Information: • County Comprehensive Water Plans • Watershed Plans or One Watershed/One Plan • Groundwater or Aquifer Plans • Metropolitan Master Plans • DNR Thresholds study • Community parks, open space, and natural resource plans ACTION: Describe resource protection goals in the "Describe Resource Protection Threshold" column or reference an existing plan/document/webpage 7. If a goal/threshold should trigger action, describe the plan that will be implemented. Identify specific action, mitigation measures or management plan that the water supplier will implement, or refer to a partner's plan that includes actions to betaken. Potential Sources of Information: • County Comprehensive Water Plans 18 • Watershed Plans or One Watershed/One Plan • Groundwater or Aquifer Plans • Metropolitan Master Plans • Studies such as DNR Thresholds study ACTION: Describe the mitigation measure or management plan in the "Mitigation Measure or Management Plan" column. B. Describe work to evaluate these risks goingforward. For example, what is the plan to regularly check in to stay current on plans or new data? Identify specific action that the water supplier will take to identify the creation of or change to goals/thresholds, or refer to a partner's plan that includes actions to be taken. Potential Sources of Information; • County Comprehensive Water Plans • Watershed Plans or One Watershed/One Plan • Groundwater or Aquifer Plans • Metropolitan Master Plans • Studies such as DNR Thresholds study ACTION: Describe what will be done to evaluate risks going forward, including any changes to goals or protection thresholds in the "Describe how Changes to Goals are monitored" column. The major surface water body in Hutchinson is the South Fork Crow River, which flows through the northern part of the City. The river is dammed near Main Street, producing Otter and Campbell Lakes. Data collected for the City's Wellhead Protection Plan shows that shallow groundwater may discharge into the river, but due to the confining characteristics of the glacial till, very little shallow groundwater moves deeper into the deeper buried sand and gravel aquifer used by the City's water supply wells. Geologic, soils, and groundwater chemistry information indicates that the source water aquifer is covered by at least 50 continuous feet of clay -rich geological material. Therefore, it is unlikely that there is an impact on surface water bodies from the pumping of the municipal wells. The aquifer supplies an adequate yield for Hutchinson's water demand. Static and pumping levels have remained relatively stable throughout the years. This indicates that the aquifer has adequate stability and potential supply. According to available Minnesota Geologic data for drawdown and specific capacity, the aquifer in the region will support additional development and short-term well yields of as much as several thousand gallons per minute. 19 Table 10. Natural resource impacts (*List specific resources in Appendix 12) Resource Resource Risk Risk Assessed Describe Mitigation Describe How Type Name Through * Resource Measures or Thresholds or Protection Management Goals are Threshold or Plan Monitored Goal * ❑X River or South Fork ❑X None ❑X Geologic ❑X Not ❑X Not ❑X Not stream Crow River anticipated atlas or other applicable applicable applicable ❑ mapping ❑ Additional ❑ Change ❑ Newly Flow/water ❑X Modeling data is groundwater collected data level decline ❑ Modeling needed to pumping will be ❑ Degrading ❑ Monitoring establish ❑ Increase analyzed water quality ❑X Aquifer ❑ See report: conservation ❑ Regular trends testing ❑ Other: check -in with ❑ Impacts on ❑WRAPS or ❑ No data these endangered, other available partners: threatened, watershed ❑ Other: ❑ Other: or special report concern ❑proximity species (<1.5 habitat miles) ❑ Other: ❑ Other: ❑ Calcareous ❑ None ❑Geologic ❑ Not El Not El Not fen anticipated atlas or other applicable applicable applicable ❑ mapping ❑ Additional ❑ Change ❑ Newly Flow/water ❑ Modeling data is groundwater collected data level decline ❑ Modeling needed to pumping will be ❑ Degrading ❑ Monitoring establish ❑ Increase analyzed water quality ❑ Aquifer ❑ See report: conservation ❑ Regular trends testing ❑ Other: check -in with ❑ Impacts on ❑WRAPS or ❑ Other: these endangered, other partners: threatened, watershed or special Report ❑ Other: concern El Proximity species (<5 miles) habitat ❑ Other: ❑ Other: 20 Resource Resource Risk Risk Assessed Describe Mitigation Describe How Type Name Through * Resource Measures or Thresholds or Protection Management Goals are Threshold or Plan Monitored Goal * ❑X Lake Campbell Lake ❑X None ❑X Geologic ❑X Not ❑X Not ❑X Not Otter Lake anticipated atlas or other applicable applicable applicable ❑ mapping ❑ Additional ❑ Change ❑ Newly Flow/water ❑X Modeling data is groundwater collected data level decline ❑ Modeling needed to pumping will be ❑ Degrading ❑ Monitoring establish ❑ Increase analyzed water quality ❑X Aquifer ❑ See report: conservation ❑ Regular trends testing ❑ Other: check -in with ❑ Other: ❑ Impacts on ❑WRAPS or these endangered, other partners: threatened, watershed or special report ❑ Other: concern ❑proximity species (<1.5 habitat miles) ❑ Other: ❑ Other: ❑ Wetland ❑ None ❑Geologic ❑ Not El Not El Not anticipated atlas or other applicable applicable applicable ❑ mapping ❑ Additional ❑ Change ❑ Newly Flow/water ❑ Modeling data is groundwater collected data level decline ❑ Modeling needed to pumping will be ❑ Degrading ❑ Monitoring establish ❑ Increase analyzed water quality ❑ Aquifer ❑ See report: conservation ❑ Regular trends testing ❑ Other: check -in with ❑ Impacts on ❑WRAPS or ❑ Other: these endangered, other partners: threatened, watershed or special report ❑ Other: concern ❑proximity species (<1.5 habitat miles) ❑ Other: ❑ Other: 21 Resource Resource Risk Risk Assessed Describe Mitigation Describe How Type Name Through * Resource Measures or Thresholds or Protection Management Goals are Threshold or Plan Monitored Goal * ❑ Trout ❑ None ❑ Geologic ❑ Not El Not El Not stream anticipated atlas or other applicable applicable applicable ❑ mapping ❑ Additional ❑ Change ❑ Newly Flow/water ❑ Modeling data is groundwater collected data level decline ❑ Monitoring needed to pumping will be ❑ Degrading ❑ Aquifer establish ❑ Increase analyzed water quality testing ❑ See report: conservation ❑ Regular trends ❑WRAPS or ❑ Other: check -in with ❑ Impacts on other ❑ Other: these endangered, watershed partners: threatened, report or special El Proximity ❑ Other: concern (< 5 miles) species ❑ Other: habitat ❑ Other: ❑X Aquifer QBAA ❑ None ❑ Geologic ❑X Not El Not ❑XNot anticipated atlas or other applicable applicable applicable ❑X Flow/water mapping ❑ Additional ❑ Change ❑ Newly level decline ❑ Modeling data is groundwater collected data ❑ Degrading ❑ Monitoring needed to pumping will be water quality ❑ Aquifer establish ❑X Increase analyzed trends testing ❑ See report: conservation ❑ Regular ❑ Impacts on El Proximity ❑ Other: check -in with endangered, (of well < 5 ❑ Other: these threatened, miles) partners: or special ❑X Other: concern Unknown Risk ❑ Other: species habitat ❑ Other: Wellhead Protection (WHP) and Source Water Protection (SWP) Plans Complete Table 11 to provide status information about WHIP and SWP plans. The emergency procedures in this plan are intended to comply with the contingency plan provisions required in the Minnesota Department of Health's (MDH) Wellhead Protection (WHIP) Plan and Surface Water Protection (SWP) Plan. 22 Table 11. Status of Wellhead Protection and Source Water Protection Plans Plan Type Status Date Adopted Date for Update WHP ❑ In Process February 2018 February 2028 ❑X Completed ❑ Not Applicable SWP ❑ In Process ❑ Completed ❑X Not Applicable WHIR —Wellhead Protection Plan SWP — Source Water Protection Plan F. Capital Improvement Plan (CIP) Please note that any wells that received approval under a ten-year permit, but that were not built, are now expired and must submit a water appropriations permit. Adequacy of Water Supply System Complete Table 12 with information about the adequacy of wells and/or intakes, storage facilities, treatment facilities, and distribution systems to sustain current and projected demands. List planned capital improvements for any system components, in chronological order. Communities in the seven - county Twin Cities metropolitan area should also include information about plans through 2040. The assessment can be the general status by category; it is not necessary to identify every single well, storage facility, treatment facility, lift station, and mile of pipe. Please attach your latest Capital Improvement Plan as Appendix 4. Table 12. Adequacy of Water Supply System System Component Planned action Anticipated Notes Construction Year Wells/Intakes ❑ No action planned -adequate 2019 Well 5 Rehab ❑X Repair/replacement Well 5 & 6 and ❑ Expansion/addition Recovery Water Storage Facilities ❑ No action planned -adequate 2022 Century Tower ❑X Repair/replacement Rehabilitation ❑ Expansion/addition Water Treatment Facilities ❑ No action planned -adequate 2019 Reverse Osmosis ❑X Repair/replacement membranes ❑ Expansion/addition 2021 SCADA upgrade Distribution Systems ❑ No action planned - adequate 2018 $186,000 (Pipes, valves, etc.) ❑X Repair/replacement 2019 $209,000 ❑X Expansion/addition 2020 $755,000 2021 $254,500 2022 $239,000 23 System Component Planned action Anticipated Notes Construction Year Pressure ❑X No action planned - adequate Zones ❑ Repair/replacement ❑ Expansion/addition Proposed Future Water Sources Complete Table 13 to identify new water source installation planned over the next ten years. Add rows to the table as needed. Table 13. Proposed future installations/sources Source Installation Resource Proposed Planned Planned Location Name Pumping Installation Year Partnerships (approximate) Capacity (gpm) Groundwater The City of Hutchinson does not anticipate a new water source installation over the next ten years. Plans and piping for a future municipal well 9 located in the northeast corner of the water treatment plant property are in place if needed. Surface Water Interconnection to another supplier Water Source Alternatives - Key Metropolitan Council Benchmark Do you anticipate the need for alternative water sources in the next 10 years? Yes ❑ No ❑x For metro communities, will you need alternative water sources by the year 2040? Yes ❑ No ❑ If you answered yes for either question, then complete table 14. If no, insertNA. Complete Table 14 by checking the box next to alternative approaches that your community is considering, including approximate locations (if known), the estimated amount of future demand that could be met through the approach, the estimated timeframe to implement the approach, potential partnerships, and the major benefits and challenges of the approach. Add rows to the table as needed. For communities in the seven -county Twin Cities metropolitan area, these alternatives should include approaches the community is considering to meet projected 2040 water demand. Table 14. Alternative water sources Alternative Source Source and/or Estimated Timeframe Potential Benefits Challenges Considered Installation Amount of to Partners Location Future Implement (approximate) Demand (%) (YYYY) ❑ Groundwater NA ❑ Surface Water ❑ Reclaimed stormwater ❑ Reclaimed wastewater ❑ Interconnection to another supplier 24 PART 2. EMERGENCY PREPAREDNESS PROCEDURES The emergency preparedness procedures outlined in this plan are intended to comply with the contingency plan provisions required by MDH in the WHP and SWP. Water emergencies can occur as a result of vandalism, sabotage, accidental contamination, mechanical problems, power failings, drought, flooding, and other natural disasters. The purpose of emergency planning is to develop emergency response procedures and to identify actions needed to improve emergency preparedness. In the case of a municipality, these procedures should be in support of, and part of, an all -hazard emergency operations plan. Municipalities that already have written procedures dealing with water emergencies should review the following information and update existing procedures to address these water supply protection measures. A. Emergency Response Plan Section 1433(b) of the Safe Drinking Water Act, (Public Law 107-188, Title IV- Drinking Water Security and Safety) requires community water suppliers serving over 3,300 people to prepare an Emergency Response Plan. MDH recommends that Emergency Response Plans are updated annually. Do you have an Emergency Response Plan? Yes ❑x No ❑ Have you updated the Emergency Response Plan in the last year? Yes ® No ❑ When did you last update your Emergency Response Plan? 2017 Complete Table 15 by inserting the noted information regarding your completed Emergency Response Plan. Table 15. Emergency Response Plan contact information Emergency Response Plan Role Contact Person Contact Phone Number Contact Email Emergency Response Lead KENT EXNER 320-583-5663 KEXNER@CI.HUTCHINSON.MN.US Alternate Emergency Response Lead ERIC LEVINE 320-583-5457 ELEVINE@CI.HUTCHINSON.MN.US B. Operational Contingency Plan All utilities should have a written operational contingency plan that describes measures to be taken for water supply mainline breaks and other common system failures as well as routine maintenance. Do you have a written operational contingency plan? Yes ❑X No ❑ At a minimum, a water supplier should prepare and maintain an emergency contact list of contractors and suppliers. C. Emergency Response Procedures Water suppliers must meet the requirements of MN Rules 4720.5280. Accordingly, the Minnesota Department of Natural Resources (DNR) requires public water suppliers serving more than 1,000 people to submit Emergency and Conservation Plans. Water emergency and conservation plans that have been 25 approved by the DNR, under provisions of Minnesota Statute 186 and Minnesota Rules, part 6115.0770, will be considered equivalent to an approved WHP contingency plan. Emergency Telephone List Prepare and attach a list of emergency contacts, including the MN Duty Officer (1-800-422-0798), as Appendix 5. An Emergency Contact List template is available at the MnDNR Water Supply Plans web page. The list should include key utility and community personnel, contacts in adjacent water suppliers, and appropriate local, state and federal emergency contacts. Please be sure to verify and update the contacts on the emergency telephone list and date it. Thereafter, update on a regular basis (once a year is recommended). In the case of a municipality, this information should be contained in a notification and warning standard operating procedure maintained by the Emergency Manager for that community. Responsibilities and services for each contact should be defined. Current Water Sources and Service Area Quick access to concise and detailed information on water sources, water treatment, and the distribution system may be needed in an emergency. System operation and maintenance records should be maintained in secured central and back-up locations so that the records are accessible for emergency purposes. A detailed map of the system showing the treatment plants, water sources, storage facilities, supply lines, interconnections, and other information that would be useful in an emergency should also be readily available. It is critical that public water supplier representatives and emergency response personnel communicate about the response procedures and be able to easily obtain this kind of information both in electronic and hard copy formats (in case of a power outage). Do records and maps exist? Yes ❑x No ❑ Can staff access records and maps from a central secured location in the event of an emergency? Yes No❑ Does the appropriate staff know where the materials are located? Yes ❑x No ❑ Procedure for Augmenting Water Supplies Complete Tables 16 —17 by listing all available sources of water that can be used to augment or replace existing sources in an emergency. Add rows to the tables as needed. In the case of a municipality, this information should be contained in a notification and warning standard operating procedure maintained by the warning point for that community. Municipalities are encouraged to execute cooperative agreements for potential emergency water services and copies should be included in Appendix 6. Outstate Communities may consider using nearby high capacity wells (industry, golf course) as emergency water sources. 26 WSP should include information on any physical or chemical problems that may limit interconnections to other sources of water. Approvals from the MDH are required for interconnections or the reuse of water. Table 16. Interconnections with other water supply systems to supply water in an emergency Other Water Capacity (GPM Note Any Limitations On List of services, equipment, supplies Supply System & MGD) Use available to respond Owner No THE CLOSEST MUNICIPAL POTABLE WATER SYSTEM IS SILVER LAKE 9 MILES TO THE EAST Interconnections or WHICH WOULD NOT HAVE THE CAPACITY NEEDED TO SUPPLY HUTCHINSON. THE CITY OF Cooperative GLENCOE HAS A LARGER CAPACITY, BUT IS 16 MILES TO THE SOUTHEAST. agreements OHLY AMERICA IS NEARBY TO THE WTP AND HAS SOME HIGH CAPACITY WELLS THAT COULD BE CONSIDERED. GPM — Gallons per minute MGD — million gallons per day Table 17. Utilizing surface water as an alternative source Surface Water Capacity Capacity Treatment Needs Source Name (GPM) (MGD) Crow River NA NA THE CROW RIVER IS ABOUT 600 FEET TO THE SOUTH OF THE WTP. THIS SOURCE WOULD REQUIRE PILOT TESTING AND AT A MINIMUM CLARIFICATION AS AN RO PRE-TREATMENT. If not covered above, describe additional emergency measures for providing water (obtaining bottled water, or steps to obtain National Guard services, etc.) There are several large grocery stores in Hutchinson that can provide bottled water in emergency circumstances. The City of Hutchinson has a local well driller that could potentially drill an emergency well if necessary. The piping for a future Well 9 was installed from the general well location to inside the water plant during plant construction in 2007. Any two of the five wells are required for normal operation of the water treatment plant. When water demand is high, four wells are required, leaving 1 to 3 backup wells in the rotation. During an extended power outage, two wells, two high service pumps, and the biofilter treatment system can be powered with the standby generator. The City could bypass the reverse osmosis treatment or the biofilter treatment in the event of a failure or shortage. It's also possible to bypass the 1.5 MG reservoir or either clearwell. Any two of the wells can be blended at equal parts. The reverse osmosis treatment and biofilter treatment can be blended at any ratio from 0 —100 or the RO recovery can be increased to 80 percent (or higher with manual operation) during a watershortage. Allocation and Demand Reduction Procedures Complete Table 18 by adding information about how decisions will be made to allocate water and reduce demand during an emergency. Provide information for each customer category, including its priority ranking, average day demand, and demand reduction potential for each customer category. Modify the customer categories as needed, and add additional lines if necessary. Water use categories should be prioritized in a way that is consistent with Minnesota Statutes 103G.261 (#1 is highest priority) as follows: 27 1. Water use for human needs such as cooking, cleaning, drinking, washing and waste disposal; use for on -farm livestock watering; and use for power production that meets contingency requirements. 2. Water use involving consumption of less than 10,000 gallons per day (usually from private wells or surface water intakes) 3. Water use for agricultural irrigation and processing of agricultural products involving consumption of more than 10,000 gallons per day (usually from private high -capacity wells or surface water intakes) 4. Water use for power production above the use provided for in the contingency plan. 5. All other water use involving consumption of more than 10,000 gallons perday. 6. Nonessential uses — car washes, golf courses, etc. Water used for human needs at hospitals, nursing homes and similar types of facilities should be designated as a high priority to be maintained in an emergency. Lower priority uses will need to address water used for human needs at other types of facilities such as hotels, office buildings, and manufacturing plants. The volume of water and other types of water uses at these facilities must be carefully considered. After reviewing the data, common sense should dictate local allocation priorities to protect domestic requirements over certain types of economic needs. Water use for lawn sprinkling, vehicle washing, golf courses, and recreation are legislatively considered non -essential. Table 18. Water use priorities Customer Category Allocation Priority Average Daily Demand (GPD) Short -Term Emergency Demand Reduction Potential (GPD) Residential 1 716,011 160,891 Commercial 2 302,014 160,913 Industrial 3 316,033 39,641 WSS (Mostly Non -Essential) 4 27,877 20,000 TOTAL NA 1,361,935 376,445 GPD — Gallons per Day Tip; Calculating Emergency Demand Reduction Potential The emergency demand reduction potential for all uses will typically equal the difference between maximum use (summer demand) and base use (winter demand). In extreme emergency situations, lower priority water uses must be restricted or eliminated to protect priority domestic water requirements. Emergency demand reduction potential should be based on average day demands for customer categories within each priority class. Use the tables in Part 3 on water conservation to help you determine strategies. 28 Supply Shortage Demand Reduction Goal and Action Triggering Mechanism 5 foot drop in static Stage 1 -- 10 % Reduction Measured 5 foot drop in static elevation 1. Enforce city ordinance and ban lawn and garden elevation from 1032 to 1027. sprinkling, irrigation, and car washing between 9 am and 10% drop in pump output 6 pm each day. 10 % drop in pump output 2. Issue press release consisting of information urging customers to save water 3. Contact large customers directly 10 foot drop in static Stage 2 -- 10 - 20% Reduction Measured 10 foot drop in static elevation Continue goals and actions of Stage 1 and implement the elevation from 1032 to 1022. following: 1. Enforce odd -even sprinkling ordinance and prohibit car 15% drop in pump output washing. 2. Restrict industrial customers by 10% of their average 15% drop in pump output daily usage for that year. Read industrial meters weekly. 3. Restrict commercial* customers with average daily usage of more than 10,000 gallons by 10% of their average daily usage for that year. Read these meters weekly. 4. Prohibit carwashing 15 foot drop in static Stage 3 -- 20 - 30% Reduction Measured 15 foot drop in static elevation Continue goals and actions of Stage 2 and implement the elevation from 1032 to 1017. following: 1. Implement a complete ban of all non -essential usage, 20% drop in pump output including lawn and garden sprinkling, car washing, and air 20% drop in pump output conditioners that use water 2. Restrict commercial customers with average daily Disaster loss of 20 - 35% of usage of less than 10,000 gallons by 10% of their average supply daily usage for that year. Read meters monthly. 3. Restrict industrial customers by 30% of their average daily usage for that year. Read industrial meters weekly. 4. Restrict commercial* customers with average daily usage of more 10,000 gallons by 30% of their average daily usage for that year. Read these meters weekly. 20 foot drop in static Stage 4 -- 35 - 50% Reduction Measured 20 foot drop in static elevation Continue goals and actions of Stage 3 and implement the elevation from 1032 to 1012 following: 2. Restrict commercial customers with average daily 25% drop in pump output usage of less than 10,000 gallons by 30% of their average 25% drop in pump output daily usage for that year. Read meters monthly. 2. Restrict industrial customers by 40% of their average Disaster loss of 35 - 50% of daily usage for that year. Read industrial meters weekly. supply 3. Restrict commercial* customers with average daily usage of more 10,000 gallons by 40% of their average daily usage for that year. Read these meters weekly. * uses other than agriculture irrigation, processing of agricultural products, and power production Complete Table 19 by selecting the triggers and actions during water supply disruption conditions. Table 19. Emergency demand reduction conditions, triggers and actions (Select all that may apply and describe) 29 Emergency Triggers Short-term Actions Long-term Actions ❑X Contamination: ❑X Contact MDH, notify public, ❑X Locate alternate water supply chemical or biological gather samples, find ❑X Adopt (if not already) and ❑X Infrastructure failure: contamination source, flush and enforce a critical water Flood or fire at WTP, dilute, maintain chlorine deficiency ordinance to penalize chemical leak, tornado, residuals lawn watering, vehicle washing, terrorism, etc ❑X Adopt (if not already) and golf course and park irrigation & enforce a critical water other nonessential uses. ❑X Executive order by deficiency ordinance to penalize ❑X Water allocation Governor lawn watering, vehicle washing, ❑X Meet with large water users to ❑X Supply shortage: 5, 10, golf course and park irrigation & discuss their contingency plan. 15, or 20 foot drop in static other nonessential uses. water level ❑X Water allocation ❑ Meet with large water users to discuss their contingency plan. Notification Procedures Complete Table 20 by selecting trigger for informing customers regarding conservation requests, water use restrictions, and suspensions; notification frequencies; and partners that may assist in the notification process. Add rows to the table as needed. Table 20. Plan to inform customers regarding conservation requests, water use restrictions, and suspensions Notification Methods (select all that apply) Update Partners Trigger(s) a Frequency ❑X Short-term ❑X Website ❑ Daily demand reduction ❑ Email list serve ❑X Weekly declared (< 1 ❑X Social media (e.g. Twitter, Facebook) ❑ Monthly year) ❑ Direct customer mailing, ❑ Annually ❑X Press release (TV, radio, newspaper), ❑X Meeting with large water users (> 10% of total city use) ❑ Other: ❑X Long-term ❑X Website ❑ Daily Ongoing demand ❑ Email list serve ❑ Weekly reduction ❑X Social media (e.g. Twitter, Facebook) ❑X Monthly declared ❑X Direct customer mailing, ❑X Annually ❑X Press release (TV, radio, newspaper), ❑X Meeting with large water users (> 10% of total city use) ❑X Governor's critical ❑X Website & Social Media ❑ Daily water deficiency ❑X Direct customer mailing, ❑ Weekly declared ❑X Press release (TV, radio, newspaper) ❑X Monthly ❑X Meeting with large water users ❑X Annually (> 10% of total city use) 30 Enforcement Prior to a water emergency, municipal water suppliers must adopt regulations that restrict water use and outline the enforcement response plan. The enforcement response plan must outline how conditions will be monitored to know when enforcement actions are triggered, what enforcement tools will be used, who will be responsible for enforcement, and what timelines for corrective actions will be expected. Affected operations, communications, and enforcement staff must then be trained to rapidly implement those provisions during emergency conditions. Important Note; Disregard of critical water deficiency orders, even though total appropriation remains less than permitted, is adequate grounds for immediate modification of a public water supply authority's water use permit (2013 MN Statutes 103G.291) Does the city have a critical water deficiency restriction/official control in place that includes provisions to restrict water use and enforce the restrictions? (This restriction may be an ordinance, rule, regulation, policy under a council directive, or other official control) Yes ❑x No ❑ If yes, attach the official control document to this WSP as Appendix 7. If no, the municipality must adopt such an official control within 6 months of submitting this WSP and submit it to the DNR as an amendment to this WSP. Irrespective of whether a critical water deficiency control is in place, does the public water supply utility, city manager, mayor, or emergency manager have standing authority to implement water restrictions? Yes ❑x No ❑ If yes, cite the regulatory authority reference: § 52.06 SHORTAGES; RESTRICTED USES AND HOURS. (A) Whenever the city shall determine that a shortage of water threatens the city, it may entirely prohibit water use or limit the times and hours during which water may be used from the city water system for lawn and garden sprinkling, irrigation, car washing, air conditioning and other uses, or either or any of them. It is unlawful for any water consumer to cause or permit water to be used in violation of this determination after public announcement thereof has been made through the news media specifically indicating the restrictions thereof. (B) The City Administrator or his or her designee shall have the authority to declare the terms and conditions of the water use restrictions, and the restrictions shall become effective immediately following public announcement of the same. The restrictions shall be confirmed by the City Council at the next regularly scheduled meeting thereof. ('89 Code, § 3.20) (Am. Ord. 97-197, passed 7-8-97) Penalty, see § 10.99 If no, who has authority to implement water use restrictions in an emergency? NA 31 PART 3. WATER CONSERVATION PLAN Minnesotans have historically benefited from the state's abundant water supplies, reducing the need for conservation. There are however, limits to the available supplies of water and increasing threats to the quality of our drinking water. Causes of water supply limitation may include: population increases, economic trends, uneven statewide availability of groundwater, climatic changes, and degraded water quality. Examples of threats to drinking water quality include: the presence of contaminant plumes from past land use activities, exceedances of water quality standards from natural and human sources, contaminants of emerging concern, and increasing pollutant trends from nonpoint sources. There are many incentives for conserving water; conservation: • reduces the potential for pumping -induced transfer of contaminants into the deeper aquifers, which can add treatment costs • reduces the need for capital projects to expand system capacity • reduces the likelihood of water use conflicts, like well interference, aquatic habitat loss, and declining lake levels • conserves energy, because less energy is needed to extract, treat and distribute water (and less energy production also conserves water since water is used to produce energy) • maintains water supplies that can then be available during times of drought It is therefore imperative that water suppliers implement water conservation plans. The first step in water conservation is identifying opportunities for behavioral or engineering changes that could be made to reduce water use by conducting a thorough analysis of: • Water use by customer • Extraction, treatment, distribution and irrigation system efficiencies • Industrial processing system efficiencies • Regulatory and barriers to conservation • Cultural barriers to conservation • Water reuse opportunities Once accurate data is compiled, water suppliers can set achievable goals for reducing water use. A successful water conservation plan follows a logical sequence of events. The plan should address both conservation on the supply side (leak detection and repairs, metering), as well as on the demand side (reductions in usage). Implementation should be conducted in phases, starting with the most obvious and lowest -cost options. In some cases, one of the early steps will be reviewing regulatory constraints to water conservation, such as lawn irrigation requirements. Outside funding and grants may be available for implementation of projects. Engage water system operators and maintenance staff and customers in brainstorming opportunities to reduce water use. Ask the question: "How can I help savewater?" 32 Progress since 2006 Is this your community's first Water Supply Plan? Yes ❑ No ❑x If yes, describe conservation practices that you are already implementing, such as: pricing, system improvements, education, regulation, appliance retrofitting, enforcement, etc. If no, complete Table 21 to summarize conservation actions taken since the adoption of the 2006 water supply plan. Table 21. Implementation of previous ten-year Conservation Plan 2006 Plan Commitments Action Taken? Change water rates structure to provide conservation pricing -- Water rates were ❑ Yes increased after new plant construction which encouraged conservation. ❑X No Water supply system improvements -- $200,000 or more is budgeted for piping and valve ❑X Yes improvements in the distribution system. ❑ No Educational efforts ❑X Yes ❑ No New water conservation ordinances ❑X Yes ❑ No Rebate or retrofitting Program for rain barrels. Many water softeners have been ❑X Yes bypassed or removed as a result of reverse osmosis treatment starting in 2007. ❑ No Enforcement ❑ Yes ❑X No What are the results you have seen from the actions in Table 21 and how were results measured? City residents and businesses are seeing the benefit of water conservation. Although there is still room for improvement, residential, commercial, and industrial per capita daily demand have all decreased. A. Triggers for Allocation and Demand Reduction Actions Complete table 22 by checking each trigger below, as appropriate, and the actions to be taken at various levels or stages of severity. Add in additional rows to the table as needed. 33 Table 22. Short and long-term demand reduction conditions, triggers and actions Objective Triggers Actions Protect surface water flows ❑ Low stream flow conditions ❑ Increase promotion of conservation ❑ Reports of declining measures NA wetland and lake levels ❑ Other: ❑ Other: Short-term demand reduction ❑ Extremely high seasonal 0 Enforce the critical water deficiency (less than 1 year water demand (more than ordinance to restrict or prohibit lawn double winter demand) watering, vehicle washing, golf course ❑ Loss of treatment capacity: and park irrigation & other nonessential 10 —15% drop in pump output uses. ❑ Lack of water in storage ❑ Supply augmentation through ❑ State drought plan 0 Water allocation: Stage 1= ban non - El Well interference essential water use between 9 am and 6 0 Other: Supply shortage: 5 pm, Stage 2 = enforce odd -even lawn or 10 foot drop in static irrigation, ban car washing, restrict elevation. industrial and most large commercial by 10% of average daily usage. 0 Meet with high water users to discuss user's contingency plan. Long-term demand reduction ❑ Per capita demand 0 Enforce the critical water deficiency (>1 year) increasing ordinance to penalize lawn watering, ❑ Total demand increase vehicle washing, golf course and park (higher population or more irrigation & other nonessential uses. industry). 0 Water allocation: Stage 3 = complete 0 Loss of treatment capacity: ban of all non -essential water use, 20 — 25% drop in pump output restrict most commercial users by 10%, 0 Other: Supply Shortage: 15 restrict large commercial and industrial or 20 foot drop in static users by 30%, Stage 4 = restrict elevation. commercial users by 30%, restrict most 0 Disaster loss of 20 — 35 large commercial and industrial users by percent of supply or 35 — 40%. 50 percent of supply. 0 Meet with high water users to discuss user's contingency plan. 0 Enhanced monitoring and reporting: The City uses automatic metering infrastructure to closely monitor water use and diminish leaks. Governor's "Critical Water 0 Unsustainable groundwater 0 Evaluate water supply Deficiency Order" declared supply B. Conservation Objectives and Strategies - Key benchmark forDNR This section establishes water conservation objectives and strategies for eight major areas of water use. Objective 1: Reduce Unaccounted (Non -Revenue) Water loss to Less than 10% 34 The Minnesota Rural Water Association, the Metropolitan Council and the Department of Natural Resources recommend that all water uses be metered. Metering can help identify high use locations and times, along with leaks within buildings that have multiple meters. It is difficult to quantify specific unmetered water use such as that associated with firefighting and system flushing or system leaks. Typically, water suppliers subtract metered water use from total water pumped to calculate unaccounted or non -revenue water loss. Is your five-year average (2012-2017) unaccounted Water Use in Table 2 higher than 10%? Yes El No What is your leak detection monitoring schedule? (e.g. Monitor 1/3rd of the city lines per year) The City of Hutchinson does not currently have a monitoring schedule. Due to the heavy clay content of area soils, leaks are typically discovered quickly. The City is currently determining the best course of action for future leak detection monitoring. Water Audits - are designed to help quantify and track water losses associated with water distribution systems and identify areas for improved efficiency and cost recovery. The American Water Works Association (AWWA) has a recommended water audit methodology which is presented in AWWA's M36 Manual of Water Supply Practices: Water Audits and Loss Control Programs. AWWA also provides a free spreadsheet -based water audit tool that water suppliers can use to conduct their own water audits. This free water audit tool can be found on AWWA's Water Loss Control webpage. Another resource for water audit and water loss control information is Minnesota Rural Water Association. What is the date of your most recent water audit? NA Frequency of water audits: ❑ yearly ❑x other: Completing first AWWA free audit Leak detection and survey: ❑ every year ❑ everyother year ❑x periodic as needed Year last leak detection survey completed: NA If Table 2 shows annual water losses over 10% or an increasing trend over time, describe what actions will be taken to reach the <10% loss objective and within what timeframe The City's water loss is stable at less than 10%. Metering -AWWA recommends that every water supplier install meters to account for all water taken into its system, along with all water distributed from its system at each customer's point of service. An effective metering program relies upon periodic performance testing, repair, maintenance or replacement of all meters. Drinking Water Revolving Loan Funds are available for purchase of new meters when new plants are built. AWWA also recommends that water suppliers conduct regular water audits to account for unmetered unbilled consumption, metered unbilled consumption and source 35 water and customer metering inaccuracies. Some cities install separate meters for interior and exterior water use, but some research suggests that this may not result in water conservation. Complete Table 23 by adding the requested information regarding the number, types, testing and maintenance of customer meters. Table 23. Information about customer meters Customer Category Number of Customers Number of Metered Connections Number of Automated Meter Readers Meter testing intervals (years) Average age/meter replacement schedule (years Residential 4537 4537 4537 As Needed 20 + / As Needed Irrigation meters NA NA NA NA NA Institutional NA NA NA NA NA Commercial 451 451 451 As Needed 20+/As Needed Industrial 3 3 3 As Needed 12 /As Needed Public facilities 38 38 38 As Needed 15 / As Needed Other NA NA NA NA NA TOTALS 5029 5029 5029 NA NA Meter replacement has been on the CIP for a while now, but has been delayed. We have tested older meters and found them to be around 3 — 5 percent slow on low flows. For unmetered systems, describe any plans to install meters or replace current meters with advanced technology meters. Provide an estimate of the cost to implement the plan and the projected water savings from implementing the plan. NA Table 24. Water source meters Number of Meter testing Number of Automated Average age/meter Meters schedule Meter Readers replacement schedule (years (years) Water source 5 3 5 11 / As Needed (wells/intakes) Treatment plant 9 3 9 11 / As Needed Objective 2: Achieve Less than 75 Residential Gallons per Capita Demand (GPCD) The 2002 average residential per capita demand in the Twin Cities Metropolitan area was 75 gallons per capita per day. Is your average 2012-2017 residential per capita water demand in Table 2 more than 75? Yes ❑ No ❑x 36 What was your 2012 — 2017 five-year average residential per capita water demand? 54.8 g/person/day Describe the water use trend over that timeframe: From 2012 - 2017, the City of Hutchinson saw residential and total per capita demands that are stable or slowly decreasing. Complete Table 25 by checking which strategies you will use to continue reducing residential per capita demand and project a likely timeframe for completing each checked strategy (Select all that apply and add rows for additional strategies): Table 25. Strategies and timeframe to reduce residential per capita demand Strategy to reduce residential per capita demand Timeframe for completing work ❑ Revise city ordinances/codes to encourage or require water efficient landscaping. ❑ Revise city ordinance/codes to permit water reuse options, especially for non -potable purposes like irrigation, groundwater recharge, and industrial use. Check with plumbing authority to see if internal buildings reuse is permitted ❑ Revise ordinances to limit irrigation. Describe the restricted irrigation plan: ❑X Revise outdoor irrigation installations codes to require high 5 years efficiency systems (e.g. those with soil moisture sensors or programmable watering areas) in new installations or system replacements. ❑X Make water system infrastructure improvements Continuous ❑X Offer free or reduced cost water use audits) for residential Continue or increase use of this strategy over customers. the next 2 years. ❑ Implement a notification system to inform customers when water availability conditions change. ❑ Provide rebates or incentives for installing water efficient appliances and/or fixtures indoors (e.g., low flow toilets, high efficiency dish washers and washing machines, showerhead and faucet aerators, water softeners, etc.) ❑X Provide rebates or incentives to reduce outdoor water use Continue or expand use of this strategy over (e.g., turf replacement/reduction, rain gardens, rain barrels, the next 5 years. smart irrigation, outdoor water use meters, etc.) ❑ Identify supplemental Water Resources ❑ Conduct audience -appropriate water conservation education and outreach. ❑ Describe other plans Objective 3: Achieve at least 1.5% annual reduction in non-residential per capita water use 37 (For each of the next ten years, or a 15% total reduction over ten years.) This includes commercial, institutional, industrial and agricultural water users. Complete Table 26 by checking which strategies you will used to continue reducing non-residential customer use demand and project a likely timeframe for completing each checked strategy (add rows for additional strategies). Where possible, substitute recycled water used in one process for reuse in another. (For example, spent rinse water can often be reused in a cooling tower.) Keep in mind the true cost of water is the amount on the water bill PLUS the expenses to heat, cool, treat, pump, and dispose of/discharge the water. Don't just calculate the initial investment. Many conservation retrofits that appear to be prohibitively expensive are actually very cost-effective when amortized over the life of the equipment. Often reducing water use also saves electrical and other utility costs. Note: as of 2015, water reuse, and is not allowed by the state plumbing code, M.R. 4715 (a variance is needed). However, several state agencies are addressing this issue. Table 26. Strategies and timeframe to reduce institutional, commercial industrial, and agricultural and non -revenue use demand Strategy to reduce total business, industry, agricultural demand Timeframe for completing work ❑ Conduct a facility water use audit for both indoor and outdoor use, including system components ❑X Install enhanced meters capable of automated readings to 8 years detect spikes in consumption ❑ Compare facility water use to related industry benchmarks, if available (e.g., meat processing, dairy, fruit and vegetable, beverage, textiles, paper/pulp, metals, technology, petroleum refining etc.) ❑ Install water conservation fixtures and appliances or change processes to conserve water ❑ Repair leaking system components (e.g., pipes, valves) ❑X Investigate the reuse of reclaimed water (e.g., stormwater, 8 years wastewater effluent, process wastewater, etc.) ❑X Reduce outdoor water use (e.g., turf replacement/reduction, 6 years rain gardens, rain barrels, smart irrigation, outdoor water use meters, etc.) ❑ Train employees how to conserve water ❑ Implement a notification system to inform non-residential customers when water availability conditions change. ❑ Nonpotable rainwater catchment systems intended to supply uses such as water closets, urinals, trap primers for floor drains and floor sinks, industrial processes, water features, vehicle washing facilities, cooling tower makeup, and similar uses shall be approved by the commissioner. Plumbing code 4714.1702, Published October 31, 2016 ❑ Describe other plans: Objective 4: Achieve a Decreasing Trend in Total Per Capita Demand 38 Include as Appendix 8 one graph showing total per capita water demand for each customer category (i.e., residential, institutional, commercial, industrial) from 2008-2017 and add the calculated/estimated linear trend for the next 10 years. Describe the trend for each customer category; explain the reason(s) for the trends, and where trends are increasing. The trend shows a large decrease in water demands from 2008 to 2011 with residential and especially industrial customers. This is due to the economy, higher water rates, and conservation. Water demands slowly decreased from 2012 to 2017. The estimated trend from 2018 to 2027 shows slowly decreasing water demands from residential and industrial customers at .5% annually. Commercial customers are estimated to decrease demand at least 1% annually as these customers restrict summer watering. Objective 5: Reduce Ratio of Maximum day (peak day) to the Average Day Demand to Less Than 2.6 Is the ratio of average 2008-2017 maximum day demand to average 2008-2017 average day demand reported in Table 2 more than 2.6? Yes ❑ No ❑x Calculate a ten-year average (2008 — 2017) of the ratio of maximum day demand to average day demand: 1.72 The position of the DNR has been that a peak day/average day ratio that is above 2.6 for in summer indicates that the water being used for irrigation by the residents in a community is too large and that efforts should be made to reduce the peak day use by the community. It should be noted that by reducing the peak day use, communities can also reduce the amount of infrastructure that is required to meet the peak day use. This infrastructure includes new wells, new water towers which can be costly items. Objective 6: Implement Demand Reduction Measures Water Conservation Program Municipal water suppliers serving over 1,000 people are required to adopt demand reduction measures that include a conservation rate structure, or a uniform rate structure with a conservation program that achieves demand reduction. These measures must achieve demand reduction in ways that reduce water demand, water losses, peak water demands, and nonessential water uses. These measures must be approved before a community may request well construction approval from the Department of Health or before requesting an increase in water appropriations permit volume (Minnesota Statutes, section 103G.291, subd. 3 and 4). Rates should be adjusted on a regular basis to ensure that revenue of the system is adequate under reduced demand scenarios. If a municipal water supplier intends to use a Uniform Rate Structure, a community -wide Water Conservation Program that will achieve demand reduction must be provided. 39 Current Water Rates Include a copy of the actual rate structure in Appendix 9 or list current water rates including base/service fees and volume charges below. Volume included in base rate or service charge: 0 Frequency of billing: ❑x Monthly ❑ Bimonthly ❑ Quarterly ❑ Other: Water Rate Evaluation Frequency: ❑ every year ❑ every years ❑x no schedule Date of last rate change: 2011 Table 27. Rate structures for each customer category (Select all that apply and add additional rows as needed) Customer Category Conservation Billing Strategies in Use * Conservation Neutral Billing Strategies in Use ** Non -Conserving Billing Strategies in Use *** Residential ❑X Monthly billing ❑ Uniform ❑ Service charge based on water ❑ Increasing block rates ❑ Odd/even daywatering volume (volume tiered rates) ❑X Declining block ❑ Seasonal rates ❑ Flat ❑ Time of use rates ❑ Other (describe) ❑ Water bills reported in gallons ❑ Individualized goal rates ❑ Excess use rates ❑ Drought surcharge ❑ Use water bill to provide comparisons ❑X Service charge not based on water volume ❑ Other (describe) Commercial/ ❑X Monthly billing ❑ Uniform ❑ Service charge based on water Industrial ❑ Increasing block rates volume (volume tiered rates) ❑X Declining block ❑ Seasonal rates ❑ Flat ❑ Time of use rates ❑ Other (describe) ❑ Water bills reported in gallons ❑ Individualized goal rates ❑ Excess use rates ❑ Drought surcharge ❑ Use water bill to provide comparisons ❑X Service charge not based on water volume ❑ Other (describe) 40 * Rate Structures components that may promote water conservation: • Monthly billing: is encouraged to help people see their water usage so they can consider changing behavior. • Increasing block rates (also known as a tiered residential rate structure): Typically, these have at least three tiers: should have at least three tiers. The first tier is for the winter average water use. The second tier is the year-round average use, which is lower than typical summer use. This rate should be set to cover the full cost of service. o The third tier should be above the average annual use and should be priced high enough to encourage conservation, as should any higher tiers. For this to be effective, the difference in block rates should be significant. • Seasonal rate: higher rates in summer to reduce peak demands • Time of Use rates: lower rates for off peak wateruse • Bill water use in gallons: this allows customers to compare their use to averagerates • Individualized goal rates: typically used for industry, business or other large water users to promote water conservation if they keep within agreed upon goals. Excess Use rates: if water use goes above an agreed upon amount this higher rate is charged • Drought surcharge: an extra fee is charged for guaranteed water use duringdrought • Use water bill to provide comparisons: simple graphics comparing individual use over time or compare individual use to others. • Service charge or base fee that does not include a water volume — a base charge or fee to cover universal city expenses that are not customer dependent and/or to provide minimal water at a lower rate (e.g., an amount less than the average residential per capita demand for the water supplier for the last 5 years) • Emergency rates -A community may have a separate conservation rate that only goes into effect when the community or governor declares a drought emergency. These higher rates can help to protect the city budgets during times of significantly less waterusage. **Conservation Neutral** Uniform rate: rate per unit used is the same regardless of the volume used Odd/even day watering —This approach reduces peak demand on a daily basis for system operation, but it does not reduce overall water use. *** Non -Conserving *** • Service charge or base fee with water volume: an amount of water larger than the average residential per capita demand for the water supplier for the last 5years • Declining block rate: the rate per unit used decreases as water use increases. • Flat rate: one fee regardless of how much water is used (usuallyunmetered). Provide justification for any conservation neutral or non -conserving rate structures. If intending to adopt a conservation rate structure, include the timeframe to do so: The City is currently conducting a water and wastewater rate study. A goal of the study is to be able to adopt a conservation rate structure by 2020 or 2021. Objective 7: Additional strategies to Reduce Water Use and Support Wellhead Protection Planning Development and redevelopment projects can provide additional water conservation opportunities, such as the actions listed below. If a Uniform Rate Structure is in place, the water supplier must provide a Water Conservation Program that includes at least two of the actions listed below. Check those actions that you intent to implement within the next 10 years. 41 Table 28. Additional strategies to Reduce Water Use & Support Wellhead Protection 0 Participate in the GreenStep Cities Program, including implementation of at least one of the 20 "Best Practices" for water ❑ Prepare a master plan for smart growth (compact urban growth that avoids sprawl) ❑ Prepare a comprehensive open space plan (areas for parks, green spaces, natural areas) ❑ Adopt a water use restriction ordinance (lawn irrigation, car washing, pools, etc.) ❑ Adopt an outdoor lawn irrigation ordinance 0 Adopt a private well ordinance (private wells in a city must comply with water restrictions) 0 Implement a stormwater management program ❑ Adopt non -zoning wetlands ordinance (can further protect wetlands beyond state/federal laws - for vernal pools, buffer areas, restrictions on filling or alterations) ❑ Adopt a water offset program (primarily for new development or expansion) ❑ Implement a water conservation outreach program ❑ Hire a water conservation coordinator (part-time) ❑ Implement a rebate program for water efficient appliances, fixtures, or outdoor water management ❑ Other Objective 8: Tracking Success: How will you track or measure success through the next ten years? The City will trend per capita water demands for each customer category. Tip; The process to monitor demand reduction and/or a rate structure includes: a) The DNR Hydrologist will call or visit the community the first 1-3 years after the water supply plan is completed. b) They will discuss what activities the community is doing to conserve water and if they feel their actions are successful. The Water Supply Plan, Part 3 tables and responses will guide the discussion. For example, they will discuss efforts to reduce unaccounted for water loss if that is a problem, or go through Tables 33, 34 and 35 to discuss new initiatives. c) The city representative and the hydrologist will discuss total per capita water use, residential per capita water use, and business/industry use. They will notetrends. d) They will also discuss options for improvement and/or collect case studies of success stories to share with other communities. One option may be to change the rate structure, but there are many other paths to successful water conservation. e) If appropriate, they will cooperatively develop a simple work plan for the next few years, targeting a couple areas where the city might focus efforts. C. Regulation Complete Table 29 by selecting which regulations are used to reduce demand and improve water efficiencies. Add additional rows as needed. Copies of adopted regulations or proposed restrictions or should be included in Appendix 10 (a list with hyperlinks is acceptable). Table 29. Regulations for short-term reductions in demand and long-term improvements in water efficiencies 42 Regulations Utilized When is it applied (in effect)? ❑ Rainfall sensors required on landscape irrigation systems ❑ Ongoing ❑ Seasonal ❑ Only during declared Emergencies ❑ Water efficient plumbing fixtures required ❑ New development ❑ Replacement ❑ Rebate Programs ❑X Critical/Emergency Water Deficiency ordinance ❑X Only during declared Emergencies ❑X Watering restriction requirements (time of day, allowable days, etc.) ❑X Odd/even ❑ 2 days/week ❑X Only during declared Emergencies ❑X Water waste prohibited (for example, having a fine for irrigators ❑X Ongoing spraying on the street) ❑ Seasonal ❑ Only during declared Emergencies ❑X Limitations on turf areas (requiring lots to have 10%- 25% of the ❑ New development space in natural areas) ❑X Shoreland/zoning ❑ Other ❑X Soil preparation requirement s (after construction, requiring topsoil ❑X New Development to be applied to promote good root growth) ❑X Construction Projects ❑ Other El Tree ratios (requiring a certain number of trees per square foot of ❑ New development lawn) ❑ Shoreland/zoning ❑ Other ❑ Permit to fill swimming pool and/or requiring pools to be covered (to ❑ Ongoing prevent evaporation) ❑ Seasonal ❑ Only during declared Emergencies ❑ Ordinances that permit stormwater irrigation, reuse of water, or ❑ Describe other alternative water use (Note: be sure to check current plumbing codes for updates) D. Retrofitting Programs Education and incentive programs aimed at replacing inefficient plumbing fixtures and appliances can help reduce per capita water use, as well as energy costs. It is recommended that municipal water suppliers develop a long-term plan to retrofit public buildings with water efficient plumbing fixtures and appliances. Some water suppliers have developed partnerships with organizations having similar conservation goals, such as electric or gas suppliers, to develop cooperative rebate and retrofit programs. A study by the AWWA Research Foundation (Residential End Uses of Water, 1999) found that the average indoor water use for a non -conserving home is 69.3 gallons per capita per day (gpcd). The average indoor water use in a conserving home is 45.2 gpcd and most of the decrease in water use is related to water efficient plumbing fixtures and appliances that can reduce water, sewer and energy costs. In Minnesota, certain electric and gas providers are required (Minnesota Statute 21613.241) to fund programs that will conserve energy resources and some utilities have distributed water efficient showerheads to customers to help reduce energy demands required to supply hot water. Retrofitting Programs 43 Complete Table 30 by checking which water uses are targeted, the outreach methods used, the measures used to identify success, and any participating partners. Table 30. Retrofitting programs (Select all that apply) Water Use Targets Outreach Methods Partners ❑X Low flush toilets, ❑X Education about ❑ Gas company ❑X Toilet leak tablets, ❑ Free distribution of ❑ Electric company ❑X Low flow showerheads, ❑ Rebate for ❑ Watershed organization ❑ Faucet aerators; ❑ Other ❑ Water conserving washing machines, ❑X Education about ❑ Gas company ❑ Dish washers, ❑ Free distribution of ❑ Electric company ❑X Water softeners; ❑ Rebate for ❑ Watershed organization ❑X Other ❑X Rain gardens, ❑X Education about ❑ Gas company ❑X Rain barrels, ❑ Free distribution of ❑ Electric company ❑ Native/drought tolerant landscaping, etc. ❑ Rebate for ❑X Watershed organization ❑X Other Briefly discuss measures of success from the above table (e.g. number of items distributed, dollar value of rebates, gallons of water conserved, etc.): Each month City water staff assists customers with higher than normal water usage to find the cause of any leaks. These customers are provided with water conservation information and offered a home water audit and toilet leak tablets. The hardness reduction from City reverse osmosis treatment has given customers the opportunity to bypass or eliminate water softeners. Softeners still in operation can be set to regenerate 75% less. In addition, the City sells rain barrels at a discounted price and posts water conservation information on the City website. Overall, these conservation targets have led to a definite downward trend in City water demand. E. Education and Information Programs Customer education should take place in three different circumstances. First, customers should be provided information on how to conserve water and improve water use efficiencies. Second, information should be provided at appropriate times to address peak demands. Third, emergency notices and educational materials about how to reduce water use should be available for quick distribution during an emergency. Proposed Education Programs Complete Table 31 by selecting which methods are used to provide water conservation and information, including the frequency of program components. Select all that apply and add additional lines as needed. Table 31. Current and Proposed Education Programs 44 Education Methods General summary #/Year Frequency of topics Billing inserts or tips printed on the actual bill Proposed: Lawn 1 / year ❑ Ongoing irrigation water Citywide ❑X Seasonal conservation ❑ Only during declared emergencies Consumer Confidence Reports The Value of Water 1 / year ❑X Ongoing Citywide ❑ Seasonal Water Conservation ❑ Only during declared emergencies Press releases to traditional local news 3 / year June, ❑X Ongoing outlets (e.g., newspapers, radio and TV) July, Aug. ❑ Seasonal ❑ Only during declared emergencies Social media distribution (e.g., emails, Proposed: Lawn ❑ Ongoing Facebook, Twitter) irrigation water ❑X Seasonal conservation ❑ Only during declared emergencies Paid advertisements (e.g., billboards, print ❑ Ongoing media, TV, radio, web sites, etc.) ❑ Seasonal ❑ Only during declared emergencies Presentations to community groups ❑ Ongoing ❑ Seasonal ❑ Only during declared emergencies Staff training ❑ Ongoing ❑ Seasonal ❑ Only during declared emergencies Facility tours Aquifer information About 50 ❑X Ongoing people per ❑ Seasonal Water Conservation year ❑ Only during declared emergencies Displays and exhibits Proposed: Indoor Initial ❑X Ongoing water conservation Development ❑ Seasonal ❑ Only during declared emergencies Marketing rebate programs (e.g., indoor ❑ Ongoing fixtures & appliances and outdoor practices) ❑ Seasonal ❑ Only during declared emergencies Community news letters ❑ Ongoing ❑ Seasonal ❑ Only during declared emergencies Direct mailings (water audit/retrofit kits, Water Conservation 1 / year ❑ Ongoing showerheads,brochures) Brochures ❑X Seasonal ❑ Only during declared emergencies Cl.07 Education Methods General summary #/Year Frequency of topics Information kiosk at utility and public Develop portable X Ongoing buildings display info for use ❑ Seasonal at multiple events / ❑ Only during facilities declared emergencies Public service announcements ❑ Ongoing ❑ Seasonal ❑ Only during declared emergencies Cable TV Programs ❑ Ongoing ❑ Seasonal ❑ Only during declared emergencies Demonstration projects (landscaping or ❑ Ongoing plumbing) ❑ Seasonal ❑ Only during declared emergencies K-12 education programs (Project Wet, ❑ Ongoing Drinking Water Institute, presentations) ❑ Seasonal ❑ Only during declared emergencies Community events (children's water festivals, ❑ Ongoing environmental fairs) ❑ Seasonal ❑ Only during declared emergencies Community education classes ❑ Ongoing ❑ Seasonal ❑ Only during declared emergencies Water week promotions ❑ Ongoing ❑ Seasonal ❑ Only during declared emergencies Website: Indoor and Outdoor ❑X Ongoing https://www.ci.hutchinson.mn.us/wp- Water Conservation Continuous ❑ Seasonal content/uploads/2017/08/tipsfactsconservati ❑ Only during on.pdf declared emergencies Targeted efforts (large volume users, users Water Conservation 30 / year ❑X Ongoing with large increases) ❑ Seasonal Home water audits ❑ Only during declared emergencies Notices of ordinances Water Conservation As Needed ❑ Ongoing / Allocation ❑X Seasonal ❑ Only during declared emergencies Emergency conservation notices ❑ Ongoing ❑ Seasonal ❑ Only during declared emergencies 46 Education Methods General summary #/Year Frequency of topics Other: ❑ Ongoing ❑ Seasonal ❑ Only during declared emergencies Briefly discuss what future education and information activities your community is considering in the future: Discussing water conservation and the value of water and our aquifer at the local schools. Provide water efficiency information during the summer season on the water bill, social media, brochures, and exhibits. 47 PART 4. ITEMS FOR METROPOLITAN AREA COMMUNITIES Minnesota Statute 473.859 requires WSPs to be completed for all local units of government in the seven -county Metropolitan Area as part of the local comprehensive planning process. METROPOLITAN Much of the information in Parts 1-3 addresses water demand for the next 10 0 0 u N C I L years. However, additional information is needed to address water demand through 2040, which will make the WSP consistent with the Metropolitan Land Use Planning Act, upon which the local comprehensive plans are based. This Part 4 provides guidance to complete the WSP in a way that addresses plans for water supply through 2040. A. Water Demand Projections through 2040 Complete Table 7 in Part 1D by filling in information about long-term water demand projections through 2040. Total Community Population projections should be consistent with the community's system statement, which can be found on the Metropolitan Council's website and which was sent to the community in September 2015. Projected Average Day, Maximum Day, and Annual Water Demands may either be calculated using the method outlined in Appendix 2 of the 2015 Master Water Supply Plan or by a method developed by the individual water supplier. B. Potential Water Supply Issues Complete Table 10 in Part 1E by providing information about the potential water supply issues in your community, including those that might occur due to 2040 projected water use. The Master Water Supply Plan provides information about potential issues for your community in Appendix 1 (Water Supply Profiles). This resource may be useful in completing Table 10. You may document results of local work done to evaluate impact of planned uses by attaching a feasibility assessment or providing a citation and link to where the plan is available electronically. C. Proposed Alternative Approaches to Meet Extended Water Demand Projections Complete Table 12 in Part IF with information about potential water supply infrastructure impacts (such as replacements, expansions or additions to wells/intakes, water storage and treatment capacity, distribution systems, and emergency interconnections) of extended plans for development and redevelopment, in 10-year increments through 2040. It may be useful to refer to information in the community's local Land Use Plan, if available. Complete Table 14 in Part IF by checking each approach your community is considering to meet future demand. For each approach your community is considering, provide information about the amount of 48 future water demand to be met using that approach, the timeframe to implement the approach, potential partners, and current understanding of the key benefits and challenges of the approach. As challenges are being discussed, consider the need for: evaluation of geologic conditions (mapping, aquifer tests, modeling), identification of areas where domestic wells could be impacted, measurement and analysis of water levels & pumping rates, triggers & associated actions to protect water levels, etc. D. Value -Added Water Supply Planning Efforts (Optional) The following information is not required to be completed as part of the local water supply plan, but completing this can help strengthen source water protection throughout the region and help Metropolitan Council and partners in the region to better support local efforts. Source Water Protection Strategies Does a Drinking Water Supply Management Area for a neighboring public water supplier overlap your community? Yes ❑ No ❑ If you answered no, skip this section. If you answered yes, please complete Table 32 with information about new water demand or land use planning -related local controls that are being considered to provide additional protection in this area. Table 32. Local controls and schedule to protect Drinking Water Supply Management Areas Local Control Schedule to Implement Potential Partners ❑ None at this time ❑ Comprehensive planning that guides development in vulnerable drinking water supply management areas ❑ Zoning overlay ❑ Other: Technical assistance From your community's perspective, what are the most important topics for the Metropolitan Council to address, guided by the region's Metropolitan Area Water Supply Advisory Committee and Technical Advisory Committee, as part of its ongoing water supply planning role? ❑ Coordination of state, regional and local water supply planning roles ❑ Regional water use goals ❑ Water use reporting standards ❑ Regional and sub -regional partnership opportunities ❑ Identifying and prioritizing data gaps and input for regional and sub -regional analyses ❑ Others: 49 GLOSSARY Agricultural/Irrigation Water Use - Water used for crop and non -crop irrigation, livestock watering, chemigation, golf course irrigation, landscape and athletic field irrigation. Average Daily Demand - The total water pumped during the year divided by 365 days. Calcareous Fen - Calcareous fens are rare and distinctive wetlands dependent on a constant supply of cold groundwater. Because they are dependent on groundwater and are one of the rarest natural communities in the United States, they are a protected resource in MN. Approximately 200 have been located in Minnesota. They may not be filled, drained or otherwise degraded. Commercial/Institutional Water Use - Water used by motels, hotels, restaurants, office buildings, commercial facilities and institutions (both civilian and military). Consider maintaining separate institutional water use records for emergency planning and allocation purposes. Water used by multi -family dwellings, apartment buildings, senior housing complexes, and mobile home parks should be reported as Residential Water Use. Commercial/Institutional/Industrial (C/l/1) Water Sold - The sum of water delivered for commercial/institutional or industrial purposes. Conservation Rate Structure - A rate structure that encourages conservation and may include increasing block rates, seasonal rates, time of use rates, individualized goal rates, or excess use rates. If a conservation rate is applied to multifamily dwellings, the rate structure must consider each residential unit as an individual user. A community may have a separate conservation rate that only goes into effect when the community or governor declares a drought emergency. These higher rates can help to protect the city budgets during times of significantly less water usage. Date of Maximum Daily Demand - The date of the maximum (highest) water demand. Typically this is a day in July or August. Declining Rate Structure - Under a declining block rate structure, a consumer pays less per additional unit of water as usage increases. This rate structure does not promote water conservation. Distribution System - Water distribution systems consist of an interconnected series of pipes, valves, storage facilities (water tanks, water towers, reservoirs), water purification facilities, pumping stations, flushing hydrants, and components that convey drinking water and meeting fire protection needs for cities, homes, schools, hospitals, businesses, industries and other facilities. Flat Rate Structure - Flat fee rates do not vary by customer characteristics or water usage. This rate structure does not promote water conservation. Industrial Water Use - Water used for thermonuclear power (electric utility generation) and other industrial use such as steel, chemical and allied products, paper and allied products, mining, and petroleum refining. Low Flow Fixtures/Appliances - Plumbing fixtures and appliances that significantly reduce the amount of water released per use are labeled "low flow". These fixtures and appliances use just enough water to be effective, saving excess, clean drinking water that usually goes down the drain. Maximum Daily Demand - The maximum (highest) amount of water used in one day. Metered Residential Connections - The number of residential connections to the water system that have meters. For multifamily dwellings, report each residential unit as an individual user. Percent Unmetered/Unaccounted For - Unaccounted for water use is the volume of water withdrawn from all sources minus the volume of water delivered. This value represents water "lost" by miscalculated water use due to inaccurate meters, water lost through leaks, or water that is used but unmetered or otherwise undocumented. Water used for public services such as hydrant flushing, ice skating rinks, and public swimming pools should be reported under the category "Water Supplier Services". 50 Population Served - The number of people who are served by the community's public water supply system. This includes the number of people in the community who are connected to the public water supply system, as well as people in neighboring communities who use water supplied by the community's public water supply system. It should not include residents in the community who have private wells or get their water from neighboring water supply. Residential Connections - The total number of residential connections to the water system. For multifamily dwellings, report each residential unit as an individual user. Residential Per Capita Demand - The total residential water delivered during the year divided by the population served divided by 365 days. Residential Water Use - Water used for normal household purposes such as drinking, food preparation, bathing, washing clothes and dishes, flushing toilets, and watering lawns and gardens. Should include all water delivered to single family private residences, multi -family dwellings, apartment buildings, senior housing complexes, mobile home parks, etc. Smart Meter - Smart meters can be used by municipalities or by individual homeowners. Smart metering generally indicates the presence of one or more of the following: • Smart irrigation water meters are controllers that look at factors such as weather, soil, slope, etc. and adjust watering time up or down based on data. Smart controllers in a typical summer will reduce water use by 30%-50%. Just changing the spray nozzle to new efficient models can reduce water use by 40%. • Smart Meters on customer premises that measure consumption during specific time periods and communicate it to the utility, often on a daily basis. • A communication channel that permits the utility, at a minimum, to obtain meter reads on demand, to ascertain whether water has recently been flowing through the meter and onto the premises, and to issue commands to the meter to perform specific tasks such as disconnecting or restricting water flow. Total Connections - The number of connections to the public water supply system. Total Per Capita Demand - The total amount of water withdrawn from all water supply sources during the year divided by the population served divided by 365 days. Total Water Pumped - The cumulative amount of water withdrawn from all water supply sources during the year. Total Water Delivered - The sum of residential, commercial, industrial, institutional, water supplier services, wholesale and other water delivered. Ultimate (Full Build -Out) - Time period representing the community's estimated total amount and location of potential development, or when the community is fully built out at the final planned density. Unaccounted (Non -revenue) Loss - See definitions for "percent unmetered/unaccounted for loss". Uniform Rate Structure - A uniform rate structure charges the same price -per -unit for water usage beyond the fixed customer charge, which covers some fixed costs. The rate sends a price signal to the customer because the water bill will vary by usage. Uniform rates by class charge the same price -per -unit for all customers within a customer class (e.g. residential or non-residential). This price structure is generally considered less effective in encouraging water conservation. Water Supplier Services - Water used for public services such as hydrant flushing, ice skating rinks, public swimming pools, city park irrigation, back -flushing at water treatment facilities, and/or other uses. Water Used for Nonessential Purposes - Water used for lawn irrigation, golf course and park irrigation, car washes, ornamental fountains, and other non -essential uses. Wholesale Deliveries - The amount of water delivered in bulk to other public water suppliers. 51 Acronyms and Initialisms AWWA — American Water Works Association MG — Million gallons C/I/I — Commercial/Institutional/Industrial MGL— Maximum Contaminant Level CIP — Capital Improvement Plan MnTAP — Minnesota Technical Assistance Program GIS —Geographic Information System (University of Minnesota) GPCD — Gallons per capita per day MPARS — MN/DNR Permitting and Reporting System GWMA— Groundwater Management Area —North (new electronic permitting system) and East Metro, Straight River, Bonanza, MRWA—Minnesota Rural Waters Association MDH — Minnesota Department of Health SWP — Source Water Protection MGD — Million gallons per day WHIP —Wellhead Protection APPENDICES TO BE SUBMITTED BY THE WATER SUPPLIER Appendix 1: Well records and maintenance summaries Go to Part 1C for information on what to include in appendix Appendix 2: Water level monitoring plan Go to Part 1E for information on what to include in appendix Appendix 3: Water level graphs for each water supply well Go to Part 1E for information on what to include in appendix Appendix 4: Capital Improvement Plan Go to Part 1E for information on what to include in appendix Appendix 5: Emergency Telephone List Go to Part 2C for information on what to include in appendix Appendix 6: Cooperative Agreements for Emergency Services Go to Part 2C for information on what to include in appendix Appendix 7: Municipal Critical Water Deficiency Ordinance Go to Part 2C for information on what to include in appendix Appendix 8: Graph of Ten Years of Annual Per Capita Water Demand for Each Customer Category Go to Objective 4 in Part 3B for information on what to include in appendix Appendix 9: Water Rate Structure Go to Objective 6 in Part 3B for information on what to include in appendix Appendix 10: Ordinances or Regulations Related to Water Use Go to Objective 7 in Part 3B for information on what to include in appendix Appendix 11: Implementation Checklist Provide a table that summarizes all the actions that the public water supplier is doing, or proposes to do, with estimated implementation dates. Appendix 12: Sources of Information for Table 10 Provide links or references to the information used to complete Table 10. If the file size is reasonable, provide source information as attachments to the plan. 52 Appendix 1 Well Records and Maintenance Well 4 Date Description of Work Performed Spring 2007 Submersible pump installed, with 100 hp motor and 180 feet of 10" epoxy coated steel drop pipe. Dec. 2015 Electrical engineering firm contracted to study electrical and grounding issues and determine the best course of action. January 2016 Well televised. Moderate corrosion found. Installed epoxy coated pitless unit, plastic drop pipe, and stainless steel check valve, pump, and motor. April 2016 Local electrician contracted to make the electrical and grounding repairs following engineer's recommendations. July 2018 New transducer installed Well 5 Date Description of Work Performed Spring 2007 Submersible pump installed, with 100 hp motor and 180 feet of 10" epoxy coated steel drop pipe. Mar. 2008 Televised well. Yield recovery with chlorine and inhibited acid May 2010 Submersible well motor replaced with a Franklin 100 HP Dec. 2015 Electrical engineering firm contracted to study electrical and grounding issues and determine the best course of action. April 2016 Local electrician contracted to make the electrical and grounding repairs following engineer's recommendations. Summer 2017 Mag meter calibrated Well 6 Date Description of Work Performed Spring 2007 Submersible pump installed, with 100 hp motor and 180 feet of 10" epoxy coated steel drop pipe. Dec. 2015 Electrical engineering firm contracted to study electrical and grounding issues and determine the best course of action. April 2016 Local electrician contracted to make the electrical and grounding repairs following engineer's recommendations. May 2016 Well televised. Moderate corrosion found, probably from well water. Installed plastic drop pipe, and stainless steel check valve, pump, new wire, and motor. Summer 2017 Mag meter calibrated 53 Well 7 Date Description of Work Performed Spring 2007 Submersible pump installed, with 100 hp motor and 180 feet of 10" epoxy coated steel drop pipe. 2014 Well Televised. Removed pump, motor, drop pipe, check valve, and pitless adapter due to severe corrosion. Replaced with SS and epoxy coated equipment. 2015 Leaking epoxy coated steel drop pipe is finally fixed after 3 attempts Dec. 2015 Electrical engineering firm contracted to study electrical and grounding issues and determine the best course of action. April 2016 Local electrician contracted to make the electrical and grounding repairs following engineer's recommendations. Summer 2017 Mag meter calibrated Well 8 Date Description of Work Performed Spring 2007 Submersible pump installed, with 100 hp motor and 180 feet of 10" epoxy coated steel drop pipe. Dec. 2015 Electrical engineering firm contracted to study electrical and grounding issues and determine the best course of action. April 2016 Local electrician contracted to make the electrical and grounding repairs following engineer's recommendations. Summer 2017 Mag meter calibrated May 2018 Well televised. Slight corrosion found, probably from well water. Installed plastic drop pipe, and stainless steel check valve, pump, new wire, and motor. 54 HUTCH INSON WELL # 4 LEVELS DATE STATIC PMP DRW DN GPM S.C. Apr-10 50 Aug-10 51.8 Aug-11 45.5 65.5 20 838 41.9 Oct-11 42.5 66.7 24.2 989 40.9 Mar-12 41 67.8 26.8 977 36.5 May-12 43.5 Oct-12 43.7 68.3 24.6 909 37.0 Apr-13 42.1 66.5 24.4 924 37.9 May-13 41.75 64.7 22.95 874 38.1 Jul-13 44.75 68.5 23.75 875 36.8 Oct-13 44.5 66.8 22.3 823 36.9 Jun-14 42.8 69 26.2 974 37.2 Sep-15 45 70.25 25.25 912 36.1 Jan-16 40.9 Feb-16 40.5 63 22.5 810 36.0 Mar-16 40.2 61.2 21 964 45.9 Apr-16 40.5 64.7 24.2 866 35.8 May-16 38.1 64.9 26.8 960 35.8 Jun-16 41 67.2 26.2 952 36.3 Jul-16 40.9 65.6 24.7 884 35.8 Aug-16 39.6 63.8 24.2 866 35.8 Oct-16 37.7 60.7 23 833 36.2 Nov-16 38.1 64.5 26.4 962 36.4 Dec-16 38.8 63 24.2 879 36.3 Jan-17 36.7 63.7 27 963 35.7 Feb-17 37.7 64.1 26.4 957 36.3 Mar-17 38.7 65 26.3 951 36.2 Apr-17 37.5 61.5 24 858 35.8 May-17 37.4 64 26.6 875 32.9 Jun-17 42.3 71.3 29 863 29.8 Jul-17 44.5 69.3 24.8 898 36.2 Aug-17 42.1 66.9 24.8 814 32.8 Sep-17 40.6 63.6 23 832 36.2 Oct-17 38.4 62.7 24.3 830 34.2 Nov-17 37.1 62.2 25.1 894 35.6 Dec-17 36.5 60.6 24.1 810 33.6 Jan-18 38.7 61.5 22.8 817 35.8 Feb-18 36.8 61.4 24.6 853 34.7 Mar-18 36.9 61.9 25 885 35.4 Apr-18 37.5 62.8 25.3 870 34.4 May-18 37.5 62.5 25 867 34.7 Jun-18 40.1 70 29.9 994 33.2 Jul-18 38.2 64.3 26.1 1000 38.3 Aug-18 39 68.7 29.7 981 33.0 Sep-18 39.2 68.3 29.1 992 34.1 Oct-18 38.7 65.1 26.4 904 34.2 55 HUTCHINSON WELL # 5 LEVELS DATE STATIC PMP DRW DN GPM S.C. Mar-10 91 Apr-10 46.1 Aug-10 48.4 Aug-11 42.9 103.8 60.9 846 13.9 Oct-11 37 91.7 54.7 695 12.7 Mar-12 38.3 100 61.7 800 13.0 May-12 41.2 Oct-12 40.1 100 59.9 727 12.1 Apr-13 38.6 89.7 51.1 620 12.1 Jun-13 38.25 97.5 59.25 745 12.6 Jul-13 41.25 97.5 56.25 674 12.0 Oct-13 40.9 110.7 69.8 832 11.9 Jun-14 39.3 94.7 55.4 662 11.9 Sep-15 41.5 119.8 78.3 879 11.2 Jan-15 37.7 111.6 73.9 810 11.0 Feb-16 37 110 73 794 10.9 Mar-16 36.5 103 66.5 717 10.8 Apr-16 36.9 106.3 69.4 744 10.7 May-16 34.4 102.4 68 717 10.5 Jun-16 37.3 104 66.7 700 10.5 Jul-16 37.3 119.2 81.9 871 10.6 Aug-16 36 119.5 83.5 880 10.5 Sep-16 34.4 116.3 81.9 863 10.5 Oct-16 34.1 116.3 82.2 859 10.5 Nov-16 34.5 117 82.5 876 10.6 Dec-16 35 104.2 69.2 727 10.5 Jan-17 33.1 116.6 83.5 877 10.5 Feb-17 33.9 115.5 81.6 855 10.5 Mar-17 35.1 115.7 80.6 858 10.6 Apr-17 33.8 114 80.2 845 10.5 May-17 33.7 100.9 67.2 687 10.2 Jun-17 38.5 104.9 66.4 681 10.3 Jul-17 40.7 123.5 82.8 911 11.0 Aug-17 38.4 117.8 79.4 863 10.9 Sep-17 38 119.6 81.6 923 11.3 Oct-17 34.9 119.1 84.2 934 11.1 Nov-17 33.3 98 64.7 712 11.0 Dec-17 32.8 111.9 79.1 871 11.0 Jan-18 35 115.4 80.4 890 11.1 Well 5 Not in Service -- For Emergency Use Only until 2019 56 HUTCHINSON WELL # 6 LEVELS DATE STATIC PMP DRW DN GPM S.C. Mar-10 49.1 Apr-10 99.8 Aug-10 105.9 Aug-11 45.5 107.7 62.2 816 13.1 Nov-11 45.4 100.7 55.3 760 13.7 Mar-12 41.3 104 62.7 756 12.1 May-12 40.3 Aug-12 49.3 104.2 54.9 711 13.0 Oct-12 43.3 97.7 54.4 617 11.3 Apr-13 41.5 106.3 64.8 721 11.1 May-13 41.2 97.25 56.05 624 11.1 Jul-13 44.25 111.3 67.05 751 11.2 Oct-13 44 115.8 71.8 778 10.8 Jun-14 42.4 111.2 68.8 665 9.7 Sep-15 44.5 121.8 77.3 676 8.7 Jan-16 40.4 120.3 79.9 708 8.9 Feb-16 39.75 118.9 79.15 691 8.7 Jun-16 41.5 125.8 84.3 763 9.1 Jul-16 40.1 122.5 82.4 749 9.1 Aug-16 38.8 112.8 74 673 9.1 Sep-16 37.2 119 81.8 731 8.9 Oct-16 36.8 119.5 82.7 744 9.0 Nov-16 37.4 120.8 83.4 750 9.0 Dec-16 38 111.2 73.2 665 9.1 Jan-17 35.9 120.1 84.2 751 8.9 Feb-17 36.9 109.5 72.6 655 9.0 Mar-17 38.1 118.8 80.7 739 9.2 Apr-17 36.7 116.9 80.2 722 9.0 May-17 36.5 113.7 77.2 683 8.8 Jun-17 41.3 122.9 81.6 772 9.5 Jul-17 43.7 125.9 82.2 742 9.0 Aug-17 41.2 119.1 77.9 707 9.1 Sep-17 39.8 120.8 81 761 9.4 Oct-17 37.5 111.2 73.7 673 9.1 Nov-17 36.5 109.2 72.7 655 9.0 Dec-17 35.7 113.9 78.2 716 9.2 Jan-18 37.9 117.5 79.6 733 9.2 Feb-18 36 111.6 75.6 672 8.9 Mar-18 36.2 115 78.8 702 8.9 Apr-18 36.8 113.2 76.4 688 9.0 May-18 36.8 112.5 75.7 678 9.0 Jun-18 39.5 115.5 76 656 8.6 Jul-18 37.5 114.3 76.8 682 8.9 Aug-18 38.3 113 74.7 648 8.7 Sep-18 38.4 113.1 74.7 655 8.8 Oct-18 38.6 120.7 82.1 728 8.9 57 HUTCHINSON WELL # 7 LEVELS DATE STATIC PMP DRW DN GPM S.C. Mar-10 39.1 Apr-10 78.7 Aug-10 84.25 Aug-11 35.6 79.4 43.8 925 21.1 Oct-11 35.3 73.3 38 821 21.6 Mar-12 70.5 May-12 32.2 Aug-12 81 Aug-12 39.6 Oct-12 34.9 76.3 41.4 806 19.5 Apr-13 33.2 71.1 37.9 738 19.5 May-13 33 75.25 42.25 822 19.5 Jul-13 36 85.25 49.25 953 19.4 Oct-13 35.8 NA NA Jun-14 33.9 NA NA Sep-15 36 89.2 53.2 1000 18.8 Jan-16 32.2 79 46.8 774 16.5 Feb-16 31.5 74.3 42.8 767 17.9 Mar-16 31 77.9 46.9 813 17.3 Apr-16 31.4 89 57.6 743 12.9 May-16 28.7 78.2 49.5 827 16.7 Jun-16 31.9 80.4 48.5 825 17.0 Jul-16 31.9 90.1 58.2 916 15.7 Aug-16 30.2 88.6 58.4 985 16.9 Sep-16 29.1 86.4 57.3 960 16.8 Oct-16 28.5 83.4 54.9 906 16.5 Nov-16 29.1 87.7 58.6 970 16.6 Dec-16 29.6 79.1 49.5 831 16.8 Jan-17 27.7 78.3 50.6 834 16.5 Feb-17 28.6 78 49.4 810 16.4 Mar-17 29.9 87.2 57.3 969 16.9 Apr-17 28.3 77.5 49.2 809 16.4 May-17 28 77.9 49.9 827 16.6 Jun-17 32.9 82.7 49.8 820 16.5 Jul-17 35.3 84.9 49.6 803 16.2 Aug-17 32.8 80 47.2 751 15.9 Sep-17 31.5 81.2 49.7 810 16.3 Oct-17 29.3 82.1 52.8 806 15.3 Nov-17 28 77.4 49.4 789 16.0 Dec-17 27.4 74.9 47.5 797 16.8 Jan-18 29.6 73.8 44.2 743 16.8 Feb-18 27.7 76 48.3 786 16.3 Mar-18 27.8 90 62.2 989 15.9 Apr-18 27.5 92.9 65.4 972 14.9 May-18 28.3 77.6 49.3 797 16.2 Jun-18 31 87.7 56.7 863 15.2 Jul-18 29.2 86 56.8 873 15.4 Aug-18 29.9 87.3 57.4 845 14.7 Sep-18 30 86.4 56.4 841 14.9 Oct-18 29.5 96.8 67.3 1005 14.9 58 HUTCHINSON WELL # 8 LEVELS DATE STATIC PMP DRW DN GPM S.C. Mar-10 45.9 Apr-10 67.8 Aug-10 50.2 Aug-11 44.4 64.8 20.4 773 37.9 Oct-11 43.2 70 26.8 899 33.5 Mar-12 38.3 65.3 27 765 28.3 May-12 39.8 Oct-12 40.3 72.3 32 819 25.6 Nov-12 72.3 840 Apr-13 38.5 70.5 32 811 25.3 May-13 38.25 69.9 31.65 772 24.4 Jul-13 41.25 74.5 33.25 771 23.2 Oct-13 40.9 71.5 30.6 728 23.8 Jun-14 39.3 83.5 44.2 939 21.2 Sep-15 41.5 80.9 39.4 732 18.6 Jan-16 37.6 77.8 40.2 754 18.8 Feb-16 36.8 77.9 41.1 756 18.4 Mar-16 36.4 81.4 45 812 18.0 Apr-16 36.7 80.2 43.5 782 18.0 May-16 34.2 79.9 45.7 814 17.8 Jun-16 37.1 83.5 46.4 813 17.5 Jul-16 37.2 82.4 45.2 793 17.5 Aug-16 35.7 79.8 44.1 774 17.6 Dec-16 34.9 79.3 44.4 785 17.7 Jan-17 33 80.1 47.1 821 17.4 Feb-17 34 80.1 46.1 802 17.4 Mar-17 35 79 44 765 17.4 Apr-17 33.7 80.1 46.4 800 17.2 May-17 33.5 80.7 47.2 782 16.6 Jun-17 38.3 85.4 47.1 808 17.2 Jul-17 40.6 83 42.4 794 18.7 Aug-17 38.3 83.5 45.2 744 16.5 Sep-17 36.8 81.1 44.3 760 17.2 Oct-17 34.6 83.3 48.7 798 16.4 Nov-17 33.5 81.7 48.2 786 16.3 Dec-17 32.7 79.7 47 782 16.6 Jan-18 34.9 79.1 44.2 740 16.7 Jun-18 36.5 84.2 47.7 796 16.7 Jul-18 34.4 82.7 48.3 801 16.6 Aug-18 35.2 83.9 48.7 793 16.3 Sep-18 35.4 83.5 48.1 781 16.2 Oct-18 34.9 82.5 47.6 754 15.8 59 Appendix 2 City of Hutchinson Water Level Monitoring Plan Monitoring Locations Static and pumping levels are recorded with pressure transducers and water level indicating steel tape at Wells 4,5,6,7, and 8. Schedule for Water Level Readings Pressure transducers at each well are continuously monitored and recorded on the SCADA system. Static and pumping levels are recorded in the operators log once per week. The operator also calculates and records drawdown, GPM, specific capacity, static time, and other wells in service. Readings from a steel tape indicator are taken from the water level to the top of the casing once per month. The operator calculates and records pumping and static level, drawdown, GPM, specific capacity, static time, and other wells in service. These readings are also compared to the SCADA readings to verify accuracy of the pressure transducers. .e Appendix 3 City of Hutchinson Wells 4 - 8 Hydrographs Groundwater hydrographs illustrate the historical record of aquifer water levels measured within a well and can indicate water level trends over time. These hydrographs show static and pumping levels as far back as 1988. 140 12D 100 so F..[Lo Warr on now . A • 20 City of Hutchinson Municipal Well 4 VV%W • 61 tSTATI[ PUMPING City of Hutchinson Municipal Well 5 i40 1z0 100 a— "�, r,r FWto VV9W 60 ao 20 62 V tAr f P'U M:'i NC. I40 FM Io0 �m� so 4o 40 70 City of Hutchinson Municipal Well 6 r a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a an 63 tSIAIK t PIIMPrtNC City of Hutchinson Municipal Well 7 140 120 im N t«e to wwr w 40 20 0 Om �S1RI1( f PLI MPING 64 City of Hutchinson Municipal Well S 140 Im 100 rnm w.e.r 60 40 20 t STATIC t PUMPING o a o o a o 0 0 0 0 0 0 0 0 0 0 o a a o 0 o a o a o 0 o a a o a o 0 0 $$$ 65 Appendix 4 City of Hutchinson Capital Improvement Plan Mimi EM Q.a33, s= soo.�o 4,533,25 �.� �.soo =K.a —joo 90 j" ,.—." m'" 4,533,252 4,L , s9a, o0 .o,000 —'22= _�.___ ,ems„ =�.�0 1.135,— ,.—.— �'" 4,6.,— m�p8W22 21,—..13 ,.000,— 3,950,000 ,.W.,o7 ,.4�— —,.:l �,�O 4,—,. 10.8=3.9M 3,—," 27,E ..73 PROJECT COSTS PROJECT REVENUES o a a Y. o v " o Y ¢ 3 E o a° v V v v v- - -Depart- o o °E OL v Year aoment Description u , : �: O o 2018 UTL 30 WATR WTP Facility re airs 20,000 20IL- 67 Appendix 5 Emergency Contacts Emergency Equipment and Materials Description Contact Telephone Location Al Pulkrbek, LTP 16491 Hwy 7E, Well Repair Enterprises Inc. 320-587-4400 Hutchinson, MN Al Pulkrbek, LTP 16491 Hwy 7E, Pump Repair Enterprises Inc. 320-587-4400 Hutchinson, MN Kyle Rewerts, E2 15895 Hwy 7E, Electrician Electrical 320-234-8330 Hutchinson, MN John Schrupp, Hotwire 815 Neal Ave, Electrician Electric 763-234-1271 Hutchinson, MN TEK Mechanical 220 5th Ave NW, Plumber Emergency Repair 320-587-2779 Hutchinson, MN Boog Wendlandt, Juul 320-583-8741 1060 Adams St., Backhoe Contracting 320-587-2989 Hutchinson, MN Kurt Hjerpe, Hjerpe 16246 Hwy 15 S, Backhoe Contracting 320-234-8305 Hutchinson, MN Jeremy Bakke, Vessco 612-805-8917 8217 Upland Cir., Chemical Feed Inc. 952-314-0636 Chanhassen, MN Dan Winjum, Automatic 2400 W Co. Rd D, Meter Repair Systems 651-631-9005 St. Paul, MN Lucas Braun, Power 952-465-9959 13635 58th Ave Generator Systems Service 888-968-8872 N, Plymouth, MN 763-276-4262 8217 Upland Cir., Valves Joel Morgan, Vessco Inc. 952-941-0576 Chanhassen, MN Mike Farnsworth, 605-310-1282 1610 N MN Ave, Water Tower Maguire Iron 605-334-9749 Sioux Falls, SD 170 Shady Ridge Newspaper Hutchinson Leader 320-753-3635 RD, Hutchinson 20132 Hwy 15 N, Radio KDUZ/KARP/KGLB 320-587-5158 Hutchinson, MN 100 Jefferson St, TV HCVN 320-587-3113 Hutchinson, MN [:� Coordinating Agencies Personnel Name Telephone Alt. Telephone Mayor Gary Forcier 320-583-8717 320-587-2868 Council Member Steve Cook 320-587-7108 320-234-4000 Council Member John Lofdahl 320-582-1084 320-587-2293 Council Member Mary Christensen 320-296-3389 320-587-6115 Council Member Chad Czmowski 952-237-3587 320-587-2453 State Duty Officer NA 800-422-0798 NA County Emergency Director Kevin Mathews 320-864-1339 320-864-3134 Fire Chief Mike Schumann 320-552-0578 320-234-4211 Sheriff Scott Rehmann 888-440-3134 NA Water Supervisor Eric Levine 320-583-5457 320-234-4222 Water Operator Mike Lien 320-296-1350 320-234-4222 Alt. Water Operator Jim Navratil 320-583-0771 320-234-4222 School Superintendent Daron Vanderheiden 320-587-2860 NA Ambulance Allina Health EMS 651-222-0555 911 Hospital Hutchinson Health 320-234-5000 NA Power Company Hutchinson Utilities 320-587-4745 877-593-3973 Highway Department McLeod County Hwy 320-484-4321 NA Telephone Company Nuvera 320-234-5261 320-587-2323 Neighboring Water System City of Glencoe 320-510-0367 NA MPCA Groundwater Div Sharon Kroening 651-296-6300 800-422-0798 MRWATech Services David Neiman 218-820-0595 800-367-6792 MDH Public Water Supply Amy Lynch 507-344-2713 NA MDH SWP Planner Karen Voz 320-223-7322 NA Hazardous Materials Response HFD 320-587-2506 911 City Administrator/ Primary spokesperson Matt Jaunich 320-234-5650 NA Appendix 6 Cooperative Agreements The City of Hutchinson has no cooperative agreements for potential emergency water services at this time. We Appendix 7 City of Hutchinson Critical Water Deficiency Ordinance and Water Emergency Enforcement Response Plan § 52.06 SHORTAGES; RESTRICTED USES AND HOURS. (A) Whenever the city shall determine that a shortage of water threatens the city, it may entirely prohibit water use or limit the times and hours during which water may be used from the city water system for lawn and garden sprinkling, irrigation, car washing, air conditioning and other uses, or either or any of them. It is unlawful for any water consumer to cause or permit water to be used in violation of this determination after public announcement thereof has been made through the news media specifically indicating the restrictions thereof. (B) The City Administrator or his or her designee shall have the authority to declare the terms and conditions of the water use restrictions, and the restrictions shall become effective immediately following public announcement of the same. The restrictions shall be confirmed by the City Council at the next regularly scheduled meeting thereof. ('89 Code, § 3.20) (Am. Ord. 97-197, passed 7-8-97) Penalty, see § 10.99 WATER EMERGENCY ENFORCEMENT RESPONSE PLAN A. ENFORCEMENT RESPONSE PLAN Non-compliance issues can be classified under three categories: • Banned Water Use Violations • Illegal Connection Violations • Water Conservation Violations Water staff will be responsible for implementation of this ERP and will discover a non- compliance issue during routine inspections of the distribution system or through review of reports and testing data. Communications will follow between the responsible party and water staff to remedy the issue. Depending on severity, water staff will send a notice of violation and request a response of what caused the non- compliance and what the responsible party will do to correct and prevent any future incidents. Non -compliant water use that causes Hutchinson Water Plant to violate their MnDNR Water Appropriations Permit will be subject to the enforcement measures described in the Hutchinson City Code of Ordinance and further legal action as deemed necessary. The water staff will work with the responsible party to ensure that measures are implemented to avoid further non-compliance. 70 B. ENFORCEMENT RESPONSE GRID The following Enforcement Response Grid defines the various violations which may occur, and the enforcement responses available to the City. This grid also identifies the City personnel responsible for the enforcement responses. ENFORCEMENT GRID VIOLATIONS Violation Enforcement Response I Personnel Responsible Phone Call WO NOV w/Corrective Action WS Banned Water Use AO w/Fine PWD Civil Action CA Phone Call WO NOV w/ Corrective Action WS Illegal Connection AO w/Fine PWD Civil Action CA Phone Call WO Water Conservation NOV WS Violations AO w/Fine PWD Civil Action CA Description of Terms Terms and abbreviations used in the enforcement grid are defined below AO Administrative Order Civil Action Civil action against the responsible party CA City Administrator Fine Monetary penalty assessed by City officials. Fines should be assessed by the Water Superintendent or PWD. WO Water Operator NOV Notice of violation PWD Public Works Director WS Water Superintendent 71 C. TIMEFRAMES FOR RESPONSE 1. All violations will be identified and documented within five days of receiving non- compliance information. 2. Initial enforcement response (involving contact with the responsible party and requesting corrective or preventative action(s)) will occur within 15 days ofviolation detection. 3. Phone call notification shall be attempted immediately upon detection ofviolation. 4. Notice of Violation will be sent within 15 days of confirming a violation hasoccurred. 5. Administrative Orders will be sent within 30 days of confirming a violation has occurred. 6. Civil Action will be implemented immediately upon determination by the Water Superintendent and Public Works Director that Civil Action is necessary. 72 Appendix 8 Per Capita Water Demands for Each Customer Category 70.0 sop Sao t— 40,0 — 0 30.0 2a0 �^ MO DA 2008 20M 2010 2011 2012 2013 2014 2015 2016 2017 2018 2014 2020 2021 2022 2023 2024 2025 2026 2027 Year —0—CornmerCial Per Capita Demand (G PCD) t Industrial Per Capita Demand (G PCD) Residential Per Capita Demand (wcD) 73 Appendix 9 City of Hutchinson Current Water Rates Base Charge Per water meter — base charge — $7.35 Water Service Repair Per water meter — base charge — $0.50 Usage Residential/Retail to 150,000 gal/mth. — $4.34 Commercial to 151,000-3,000,000 gal/mth. — $3.18 Industrial over 3,000,000 gal/mth. — $2.36 Classifications are determined annually based upon usages recorded over previous year 74 Appendix 10 Ordinances Related to Water Use § 152.041 STORM WATER MANAGEMENT. The following general and specific standards shall apply. (A) General standards. (1) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water runoff before discharge to publicwaters. (2) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities and erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. (3) When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human -made materials and facilities. (B) Specific standards. (1) Impervious surface coverage of lots must not exceed 25% of the lot area subject to the provisions of §_ 152.113(D) and (E). (2) When constructed facilities are used for storm water management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. (3) New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (2004 Code, § 152.041) (Ord. 92-56, passed 4-14-1992; Ord. 10-0557, passed 9-28-2010) Penalty, see § 10.99 § 52.06 SHORTAGES; RESTRICTED USES AND HOURS. (A) Whenever the city shall determine that a shortage of water threatens the city, it may entirely prohibit water use or limit the times and hours during which water may be used from the city water system for lawn and garden sprinkling, irrigation, car washing, air conditioning and other uses, or either or any of them. It is unlawful for any water consumer to cause or permit water to be used in violation of this determination after public announcement thereof has been made through the news media specifically indicating the restrictions thereof. (B) The City Administrator or his or her designee shall have the authority to declare the terms and conditions of the water use restrictions, and the restrictions shall become effective immediately following public announcement of the same. The restrictions shall be confirmed by the City Council at the next regularly scheduled meeting thereof. ('89 Code, § 3.20) (Am. Ord. 97-197, passed 7-8-97) Penalty, see § 10.99 § 52.02 REPAIR OF LEAKS AND EQUIPMENT. It is the responsibility of the consumer or owner to maintain the service pipe from the main into the house or other building, including, but not limited to, the stand pipe or curb stop and all equipment associated with the service line, stand pipe or curb stop. In case of failure upon the part of any consumer or owner to repair any leak or any service line, stand pipe or curb stop, within 24 hours after oral or written notice has been given the owner or occupant of the premises, the water may be shut off and will not be turned on until a reconnection charge has been paid and the water service has been repaired. When the waste of water is great or when damage is likely to result from the leak, the water will be turned off if the repair is not proceeded with immediately. Following notice as provided by this chapter, at the sole option of the city, the city may repair the leak and the service pipe, stand pipe or curb stop and all equipment associated with the service line, stand pipe or curb stop and assess the cost for the repair against the property benefitted. The costs to be so assessed may include, but are not limited to, material, labor and professional fees and expenses incurred in the repair. (2004 Code, § 52.02) (Ord. 93-80, passed 5-11-1993; Ord. 93-82, passed 6-8-1993) § 153.085 TREE PLANTING IN NEW SUBDIVISIONS. (A) The subdivider shall be required to escrow dollars, as part of the subdivider's agreement, for the purpose of having the city plant trees and/or provide soil adjustments on the boulevard areas within the development. The City 75 Council may decide, based on financial considerations, that it may not be in the best interest of the city and therefore may waive tree planting requirements if they so desire. (B) The rate of escrow shall be determined by the wholesale cost of two trees per lot (two-inch caliper deciduous or six-foot height coniferous minimum size), as established by resolution. The subdivider shall only be responsible for the cost of the trees. The planting and maintenance of the trees shall be conducted by the city. Species and location of the trees and the need for soil adjustment shall be determined by the city. The planting of the trees will take place a significant portions of the development are occupied. (2004 Code, § 153.85) (Ord. 03-336, passed 3-25-2003) Appendix 11 Implementation Checklist Action Estimated Completion Date Wellhead Protection Plan Done 2017 AMR Installation Done 2015 Smart Meter Installations Ongoing Assist high monthly usage customers Ongoing Home water audits Ongoing Distribution of water conservation information Ongoing Investigate use of reclaimed water 2026 Reduce outdoor water use 2024 Water and Sewer Rate Study Early 2019 Implement water conservation rates 2020 or 2021 Participate in Green Step Cities program Ongoing 76 Appendix 12 Sources of Information for Table 10 Source of information for Table 10 City of Hutchinson Wellhead Protection Plan City of Hutchinson Emergency and Conservation Plan 1996 Natural Resources 1. South Fork Crow River 2. Campbell Lake 3. Otter Lake 4. Aquifer Summary The major surface water body in Hutchinson is the South Fork Crow River, which flows through the northern part of the City. The river is dammed near Main Street, producing Otter and Campbell Lakes. Data collected for the City's Wellhead Protection Plan shows that shallow groundwater may discharge into the river, but due to the confining characteristics of the glacial till, very little shallow groundwater moves deeper into the deeper buried sand and gravel aquifer used by the City's water supply wells. Geologic, soils, and groundwater chemistry information indicates that the source water aquifer is covered by at least 50 continuous feet of clay -rich geological material. Therefore, it is unlikely that there is an impact on surface water bodies from the pumping of the municipal wells. The aquifer supplies an adequate yield for Hutchinson's water demand. Static and pumping levels have remained relatively stable throughout the years. This indicates that the aquifer has adequate stability and potential supply. According to available Minnesota Geologic data for drawdown and specific capacity, the aquifer in the region will support additional development and short-term well yields of as much as several thousand gallons per minute. 77 DEPARTMENT OF NATURAL RESOURCES MNDNR PERMITTING AND REPORTING SYSTEM Amended Water Appropriation Permit Permit Number 1968-0209 Pursuant to Minnesota Statutes, Chapter 103G, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below. This permit supersedes the original permit and all previous amendments. Project Name: County: I Watershed: Resource: N/A McLeod South Fork Crow River Groundwater Purpose of Permit: Authorized Action: Municipal/Public Water Supply Withdrawal of up to 1000.0 million gallons of water per year for municipal/public water supply. The permittee is authorized to appropriate water at a rate not to exceed 7100.0 gallons per minute. Permittee: Authorized Agent: HUTCHINSON, CITY OF N/A CONTACT: LEVINE, ERIC, (320) 234-4222 111 HASSAN ST SE HUTCHINSON, MN 55350 (320) 234-4223 To Appropriate From: Well 2: 12.0 inches diameter, 265.0 feet depth, 600 gpm, unique number 210383 Point(s) of Taking UTM zone 15N, 391624m east, 4971434m north Section 6, T116N, R29W Well 4: 16.0 inches diameter, 481.0 feet depth, 1100 gpm, unique number 210426 Point(s) of Taking UTM zone 15N, 392341 m east, 4972391 m north Section 31, T117N, R29W Well 5: 16.0 inches diameter, 407.0 feet depth, 1200 gpm, unique number 228800 Point(s) of Taking UTM zone 15N, 392266m east, 4972431 m north NWSE of Section 31, T117N, R29W Well 6: 20.0 inches diameter, 475.0 feet depth, 1200 gpm, unique number 233077 Point(s) of Taking UTM zone 15N, 392275m east, 4972358m north Section 31, T117N, R29W Well 7: 18.0 inches diameter, 400.0 feet depth, 1500 gpm, unique number 511076 Point(s) of Taking UTM zone 15N, 392215m east, 4972298m north SWSE of Section 31, T117N, R29W Well 8: 18.0 inches diameter, 415.0 feet depth, 1500 gpm, unique number 724408 Point(s) of Taking UTM zone 15N, 392242m east, 4972376m north Section 31, T117N, R29W Issued Date: 05/12/2020 Effective Date: 05/12/2020 Expiration Date: Long -Term Appropriation Authorized Issuer: Title: Email Address: Phone Number: Garry Bennett I Area Hydrologist garry.benneft@state.mn.us 320-234-2550 x230 This permit is granted subject to the following CONDITIONS: LIMITATIONS: (a) Any violation of the terms and provisions of this permit and any appropriation of the waters of the state in excess of that authorized hereon shall constitute a violation of Minnesota Statutes, Chapter 103G. (b) This permit shall not be construed as establishing any priority of appropriation of waters of the state. (c) This permit is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its employees, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the Permittee relating to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the Permittee, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the Permittee, for violation of or failure to comply with the provisions of the permit or applicable provisions of law. (d) In all cases where the doing by the Permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property, rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the Permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests necessary therefore. (e) This permit shall not release the Permittee from any other permit requirements or liability or obligation imposed by Minnesota Statutes, Federal Law, or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. (f) Unless explicitly specified, this permit does not authorize any alterations of the beds or banks of any public (protected) Page 2 - Permit Number 1968-0209 ONDITIONS continued on next page... CONDITIONS (Continued from previous page) waters or wetlands. A separate permit must be obtained from the Department of Natural Resources prior to any such alteration. FLOW METER: The Permittee shall equip each installation for appropriating or using water with a flow meter, unless another method of measuring the quantity of water appropriated to within ten (10) percent of actual amount withdrawn is approved by the Department. WATER USE REPORTING: Monthly records of the amount of water appropriated or used shall be recorded for each installation. Such readings and the total amount of water appropriated or used shall be reported annually to the Director of DNR Ecological and Water Resources, on or before February 15 of the following year, via the MNDNR Permitting and Reporting System (MPARS) at www.mndnr.gov/mpars/signin. Any processing fee required by law or rule shall be submitted with the records whether or not any water was appropriated during the year. Failure to report shall be sufficient cause for terminating the permit 30 days following written notice. MODIFICATION: The Permittee must notify the Commissioner in writing of any proposed changes to the existing permit. This permit shall not be modified without first obtaining the written permission from the Commissioner. TRANSFER OR ASSIGNMENT: Any transfer or assignment of rights, or sale of property involved hereunder shall be reported within 90 days thereafter to the Director of DNR Ecological and Water Resources. Such notice shall be made by the transferee (i.e., new owner) and shall state the intention to continue the appropriation as stated in the permit. This permit shall not be transferred or assigned except with the written consent of the Commissioner. COMMISSIONER'S AUTHORITY: (a) The Commissioner may inspect any installation utilized for the appropriation or use of water. The Permittee shall grant access to the site at all reasonable times and shall supply such information concerning such installation as the Commissioner may require. (b) The Commissioner may, as he/she deems necessary, require the Permittee to install gages and/or observation wells to monitor the impact of the Permittee's appropriation on the water resource and require the Permittee to pay necessary costs of installation and maintenance. (c) The Commissioner may restrict, suspend, amend, or cancel this permit in accordance with applicable laws and rules for any cause for the protection of public interests, or for violation of the provisions of this permit. PUBLIC RECORD: All data, facts, plans, maps, applications, annual water use reports, and any additional information submitted as part of this permit, and this permit itself are part of the public record and are available for public inspection at the offices of DNR Ecological and Water Resources. The information contained therein may be used by the Division as it deems necessary. The submission of false data, statements, reports, or any such additional information, at any time shall be deemed as just grounds for revocation of this permit. MONITORING REQUIREMENTS: Minnesota Statutes 103G.282 authorizes the Department of Natural Resources to require permittees to install and maintain monitoring equipment to evaluate water resource impacts from permitted appropriations. You may be required to modify or install automated measuring devices and keep records for each installation. The frequency of measurements and other requirements will be based on quantity of water appropriated, source of water, potential connections to other water resources, nature of concern, and other relevant factors. DROUGHT PLANNING: In accordance with M.S. 103G.293, all permits must be consistent with the drought response plan detailed in the Statewide Drought Plan at hftp://files.dnr.state. m n. us/natural_resources/climate/drought/drought_plan_matrix. pdf. WELL SEALING: The permittee shall notify the Minnesota Department of Health prior to sealing, removing, covering, plugging or filling the well(s) from which the authorized appropriation was made. The well(s) must be sealed by a licensed well driller and in accordance with the procedures required under Minnesota Statutes 1031 and Minnesota Rules 4725 as administered by the Minnesota Department of Health. WATER USE CONFLICT: If notified by the DNR that a water use conflict is suspected and probable from your appropriation, based on confirmation of a formal well interference complaint or a preliminary hydrologic assessment, all appropriation authorized by this permit must cease immediately until the interference is resolved. The permittee may be required to obtain additional data to support the technical analysis, such as domestic well information within a radius of one and one-half miles of the production well. The permittee and impacted party may engage in a negotiated settlement process and there may be modifications made to this permit in support of conflict resolution. WATER CONSERVATION: All practical and feasible water conservation methods and practices must be employed to promote sound water management and use the least amount of water necessary, such as reuse and recycling water, water -saving devices, and water storage. Page 3 - Permit Number 1968-0209 CONDITIONS continued on next page... CONDITIONS (Continued from previous page) DISCHARGE AUTHORIZATION: This permit is valid only in conjunction with all required discharge authorizations from local, state, or federal government units. GROUNDWATER MONITORING REQUIREMENT: All new wells must have an access port that allows measuring of water levels. The permittee must measure the water levels in all production wells and/or one or more approved groundwater level monitoring well(s) per the guidelines specified in the monitoring details attachment, which is hereby made a part of this permit. Failure to submit monitoring data as specified in the attachment may result in termination of this permit. MONITORING DETAILS ATTACHMENT: Static water levels shall be manually measured by hand at least once per month for each municipal production water well. Each well must be measured after having been shut off for a minimum period of 2 to 4 hours and before being turned on again. The static water levels shall be measured with a steel tape or e-tape at each wellhead. The static water levels should also be read from the SCADA system wellfield screen after a 2 to 4 hour idle period and before being returned to service. All data are to be recorded as decimal feet to the nearest .01 foot and the pumping status of the well at the time of measurement shall be recorded. The readings, including both manual measurements and SCADA data, shall be submitted in electronic format to the Minnesota DNR Groundwater Level Coordinator(Region4_WaterData.dnr@state.mn.us) on an annual basis. The permittee shall utilize the Excel spreadsheet DNR template format for reporting purposes. This is available via the DNR's website at the following address: hftps://files. dnr.state. mn. us/waters/watermgmt_section/appropriations/g\A_level_measurement_reporti ng_template.xlsx. WATER SUPPLY PLANS: Public water suppliers serving more than 1,000 people must have a water supply plan approved by the Department. Plans must address water supply and demand reduction measures, allocation priorities, and identify alternative sources of water for use in an emergency. Plans must be updated once every ten years. WATER SUPPLY PLAN COMPLIANCE: The permittee shall comply with all agreements relating to monitoring, conservation, well location, education, and other agreements, as described in the permittee's approved Water Supply Plan. Failure to carry out the measures described in the plan may be cause for termination of this permit. DEMAND REDUCTION: Public water suppliers serving more than 1,000 people must employ water use demand reduction measures before requesting approval from the Minnesota Department of Health to construct a new public water supply well, or requesting an increase in the authorized appropriation volume from the Department of Natural Resources. Demand reduction measures must include evaluation of conservation rate structures and a public education program that may include a toilet and showerhead retrofit program. WATER USE RECORDS: Public water suppliers serving more than 1,000 people must maintain records of the number of service connections, the volume of use by customer category, and the volume of unaccounted-for water and submit this information with the annual water use report. cc: Jim Sehl, EWR District Manager Brett Wiltrout, Conservation Officers, Hutchinson #2 Brett Wiltrout, Conservation Officers, Hutchinson #1 Cade Steffenson, BWSR Wetland Specialists, McLeod Mike Worland, DNR Regional Nongame Specialists, Region 4 - North Joanne Boettcher, DNR Regional Environmental Assessment Ecologist, Region 4 Stein Innvaer, DNR Wildlife, Nicollet Scott Mackenthun, DNR Fisheries, Hutchinson Area Marc Telecky, County, McLeod Corps of Engineers, Corps of Engineers, McLeod Ryan Freitag, SWCD, McLeod SWCD Jeremy Carter, City, Hutchinson Page 4 - Permit Number 1968-0209 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Set Council Workshop to review the 2019 Audit Report (CAFR) Department: Finance LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Justin Juergensen Agenda Item Type: Presenter: Reviewed by Staff ❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: I would like to call for a council workshop on July 28th at 4:30 to review the 2019 audited financial report. Layne Kockelman & Andy Berg from our audit firm Abdo, Eick & Meyers, will be here to lead the workshop and also will give a short presentation at the council meeting that night. Thank you. BOARD ACTION REQUESTED: Set a workshop to review the 2019 Audit Report. 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: HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approve Rescheduling of the August 11 City Council Meeting Department: Administration LICENSE SECTION Meeting Date: 6/23/2020 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: No BACKGROUND/EXPLANATION OFAGENDA ITEM: Our first meeting in August falls on August 11, which is Primary Election Day. State law does not allow public meetings to take place between 6 p.m. and 8 p.m. on that day. Because of this, we are in need of rescheduling that meeting. In 2018, we moved the meeting time up to 4 p.m. and conducted our business at that time. That is an option or rescheduling it for another day is another option. If we move it to 4 p.m., I would limit the amount of public hearings we have that night and look to do those after 5 p.m. BOARD ACTION REQUESTED: Approve Rescheduling of the August 11 City Council Meeting Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: "o _O V V 44 W y W O bU M s, i O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O U U U U U U U U U U U U U U U U U U U U U U U d U d U U U U U U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 7p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O - 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On O O O O O O O O O O OO C C C C O O O O O O O O O O O O O O O O O O O OO C C C C C C O O O O O O O V V U rOl r_r011 r_r011 r_rO,, � rrO,, rrO,, rrO,, rrO,, rrO,, � rrO,, r_r011 r_r011 r_r011 r_r011 r_r011 r_rO,, � rrO,, rrO,, rrO,, rrO,, V V V V d V V V V V d V V V V V V V d V V V V O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N OO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 7p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p 77p C C C C C C C C C C C C C C C C C C C C C C C H H H H H H H H H H H H H H H H H H H H H H H O O O O O O O O O O O O O O O O O O O O O ,,,,,,,,,,,,,,,,,,,,,,, O O O O O O O O O O O O O O O O O M N N M N N N N M N N N N N N N N N N N N N N O M O M O M O M O O O O M O O O O O O O O O O W CID cn U d U�; [- X C1 (= - N M't W) \O X Q1 O - N M't W) \O [- X Q1 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W W W W W W W W W W W W W W W W W W W W W W W W A M Gt ;-, ;.. � � O d � � O � � V V � II HRA HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY Regular Board Meeting Teleconference Call (GoToMeeting) Tuesday, May 19, 2020, 7:00 AM Minutes CALL TO ORDER: Chair Renee Lynn Johnson Kotlarz called the meeting to order via telephone. Members Present: Gary Forcier, Eileen Henry via telephone and Steve Jensen via telephone. Staff Present: Jean Ward and Judy Flemming. a. Nicole Grobe, MidCountry Bank gave her resignation from the HRA Board after clarifying that she resides outside of the Hutchinson HRA's area operations. b. Approve the Hutchinson HRA Regular Board Meeting agenda and any agenda additions and/or corrections. The Board approved the agenda as presented. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON APRIL 21, 2020 Steve Jensen moved to approve the Minutes of the regular board meeting as written, and Gary Forcier seconded. Roll Call: Kotlarz — Aye; Forcier — Aye; Henry — Aye; Jensen — Aye. The motion carried unanimously. 3. FINANCIAL REPORTS Steve Jensen moved to approve: a. City Center General Fund payments of $16,728.58 for checks 9114 to 9120 b. City Center April 2020 Financial Statements c. Park Towers Operating Account payments of $48,850.25 for checks 14956 to 14985 d. Park Towers Security Account payment of $262.92 for check 1585 e. March 2020 Park Towers financial statements Eileen Henry seconded. Roll Call: Kotlarz — Aye; Forcier — Aye; Henry — Aye; Jensen — Aye. The motion carried unanimously. 4. PARK TOWERS UPDATE a. Occupancy Report for May 2020 —100% Occupied b. May Newsletter — The Board discussed social distancing tips. c. FYI Stay Home MN Order shifts to Stay Safe MN 5. RAD UPDATE Jean Ward reviewed with the Board: • RAD Financial Conversion Timeline: Concept call due 5/20/20, Financing Plan due 7/01/20, Closing 11/30/20 • Public Housing Program to HUD Multifamily with HAP effective date of January 1, 2021 • Environmental Report — Radon Mitigation re -testing report • RFP for Software Purchase due June 5, 2020 • Staff has started training on the HUD Multifamily Program. May 19, 2020 Minutes Page 1 of 2 6. 7:30 A.M. PUBLIC HEARING FOR 2020 CAPITAL FUND BUDGET Chair Renee Lynn Johnson Kotlarz opened the Public Hearing. No comments. Steve Jensen moved to close the public hear and Gary Forcier seconded. Roll Call: Kotlarz — Aye; Forcier — Aye; Henry — Aye; Jensen — Aye. The motion carried unanimously. 7. CONSIDERATION OF RESOLUTION 2020-3 APPROVING ACCEPTANCE OF 2020 CAPITAL FUND PROGRAM FUNDING Steve Jensen moved to approve Resolution 2020-3 Approving Acceptance of 2020 Capital Fund Program Funding and Eileen Henry seconded. Roll Call: Kotlarz — Aye; Forcier — Aye; Henry — Aye; Jensen — Aye. The motion carried unanimously. 8. COMMUNICATIONS a. Judy Flemming updated the Board on the 907 Dale Street (South Dale) Apartments rental rehab project. b. Judy Flemming updated the Board on the Adams Street Neighborhood windshield survey. c. Steve Jensen moved to approve the purchase of laptops so staff can work from home, and Gary Forcier seconded. Roll Call: Kotlarz — Aye; Forcier — Aye; Henry — Aye; Jensen — Aye. The motion carried unanimously. 9. ADJOURNMENT Gary Forcier moved to adjourn and Steve Jensen seconded. There being no other business, Chair Renee Lynn Johnson Kotlarz declared the meeting adjourned. Recorded by Jean Ward, HRA Executive D' r Gary Forci , Secretary/Treasurer May 19, 2020 Minutes Page 2 of 2 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 19, 2020 5:30 p.m. 1. CALL TO ORDER 5:30 P.M. The May 19, 2020 Planning Commission meeting was called to order by Chairman Wick at 5:30 p.m. Members in bold were present Chairman Wick (present), Vice Chair Lofdahl (present), Commissioner Garberg (present), Commissioner Wirt (remote in), Commissioner Sebesta (remote in), Commissioner Hantge (present) and Commissioner Forcier (remote in). Also present were Dan Jochum (present), City Planner, Kent Exner, City Engineer, John Olson, City Public Works, John Paulson, City Environmental Specialist, Marc Sebora (present), City Attorney and Andrea Schwartz (present), City of Hutchinson Permit Technician (Due to the Covid 19 Pandemic, the meeting was held via Go -To Meeting for most of the Planning Commission Members) 2. PLEDGE OF ALLEGIANCE (we will forgo the pledge of allegiance at this meeting due to the feedback from the remote/go-to meeting) 3. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED April 21, 2020. Motion by Commissioner Lofdahl. Second by Commissioner Garberg. Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - approve Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Commissioner Sebesta - Motion to Approve — Motion to Reject 4. PUBLIC HEARINGS A. CONSIDERATION OF A LOT SPLIT LOCATED AT 1055 DALE ST SW. Dan Jochum, City Planner addressed the Commission and gave a brief overview of the project. Mr. Jochum then covered the staff report. Minutes Hutchinson Planning Commission May 19, 2020 Page 2 Commissioner Lofdahl asked if the applicant would be able to repair the existing garage if needed before a primary structure was built. Dan Jochum replied that yes he can repair (roof, siding, windows, doors). No other permits. Commissioner Garberg Commissioner Wirt asked if there would be any issues if the property was sold before the utilities were installed. The answer is that no additional permits would be issued until utilities are installed (this would be no matter who the owner). Motion by Commissioner Hantge, second by Commissioner Wirt to close hearing at 5:39 p.m. Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - abstain Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Commissioner Sebesta - Motion by Commissioner Lofdahl to approve with six recommended conditions. Second by Commissioner Garberg. Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - abstain Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Commissioner Sebesta - Motion to Approve — Motion to Reject Motion approved. Items will be on City Council consent agenda on 05/26/2020. Motion to close hearing — Motion to approve with staff recommendations — Motion to reject 5. NEW BUSINESS A. CONSIDERATION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVEOPMENT DISTRICT NO.4 AND A TAX INCREMENT FINANCING PLAN FOR TAX INCEMENT FINANCING DISTRICT NO. 4-21 AND THAT IT CONFORMS TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. Minutes Hutchinson Planning Commission May 19, 2020 Page 3 Dan Jochum, City Planner addressed the Commission and gave a brief overview of the project. Commissioner Lofdahl asked if the City of Hutchinson would be the developer on this project. The answer is no, there is a private developer. Commissioner Wick questioned the interest rate at 3%. He was ok to move forward on the issue. Just something he noticed. Motion by Commissioner Lofdahl to approve. Second by Commissioner Hantge Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - approve Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Commissioner Sebesta - Motion approved. Items will be on City Council consent agenda on 05/26/2020. Motion to close hearing — Motion to approve with staff recommendations — Motion to reject B. CONSIDERATION OF A SITE PLAN FOR 1285 HWY 7 W. Dan Jochum, City Planner addressed the Commission and gave a brief overview of the project. There was note on the circulation for fire truck apparatus. Mike Hauan (Litchfield Building Center) — they do have a civil and structural engineer now on board to take care of some of the issues the City had. If any contaminated soil is found it will require remediation by the property owner/builder. Mike (LBC) also noted that soil borings will be taken. Motion by Commissioner Garberg to approve with six recommended conditions. Second by Commissioner Hantge. Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - approve Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Minutes Hutchinson Planning Commission May 19, 2020 Page 4 Commissioner Sebesta - Motion approved. Items will be on City Council consent agenda on 05/26/2020. Motion to close hearing — Motion to approve with staff recommendations — Motion to reject 6. UNFINISHED BUSINESS A. NONE 7. COMMUNICATION FROM STAFF A. UPCOMING MEETINGS — We have 4(?) applications for the June meeting. B. Commissioner Garberg questioned if the City can do anything about the Mall parking lot. This is a private property that is based out of NJ. Marshalls has stated that they would like major improvements on the parking lot before they will move in. 8. ADJOURNMENT Motion was made by Commissioner Hantge to adjourn the meeting, second by Lofdahl. Roll call vote: Commissioner Wick - approve Commissioner Lofdahl - approve Commissioner Hantge - approve Commissioner Wirt - approve Commissioner Garberg - approve Commissioner Forcier — approve Commissioner Sebesta - Meeting was adjourned at 6:08 p.m. HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: May 2020 Financial and Investment Reports Department: Finance LICENSE SECTION Meeting Date: 6/23/2020 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff ❑ Governance Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: For Council review, attached are the May Financial Reports for the general fund and enterprise funds. Also attached is the May Investment Report. Feel free to contact me with any questions. Thank you. BOARD ACTION REQUESTED: Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Z O Z 2 U O _ 0 N N L LO r M H � �a a� mo LU 0 �// rL Z W Q Z W r Q Z O W a. 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