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cp08-22-23HUTCHINSON CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Tuesday, August 22, 2023 4:00 p.m. Council Chambers — Hutchinson City Center Notice is hereby given that the Hutchinson City Council has called a special workshop meeting for Tuesday, August 22, 2023, at 4.00 p.m. in the Council Chambers at the Hutchinson City Center, 1 I i Hassan Street SE, Hutchinson, Minnesota for the following purpose: ■ REVIEW PRELIMINARY CAPITAL IMPROVEMENT PLAN Matthew Jaunich, City Administrator DATED: August 17, 2023 POSTED: City Center HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, AUGUST 22, 2023 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by, city staff, committees and boards. Marry decisions regardingagenda items are based upon this information as well as: City policyand practices, input from 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 — (The invocation is a voluntary expression of the private citi, en, 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 reltgiauslsptritttal organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or stafig PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15616 — Resolution Accepting $26,4Q 1.QQ Donation from Kiwanis Club of Hutchinson for Improvements to Kiwanis Park (b) Resolution No. 15619 - Resolution Accepting Donation from Joyce Hochsprung (Varieties of Daylilies to Parks Department) PUBLIC COMMENTS (71 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 tf he will/ be accepting pub/ tc comments during the agenda item if not a public hearing If you have a question, concern or comment, please ask to be recognized by the mayor - state yoarr name and address far the record. Please keep comments under 5 nun" es. Individuals wishing to speakformore than five minutes should ask to be incI ided on the agenda I advance of the meeting. ll comments are appreciated, btrt please refrain from personal or derogatory attacks on indFviduafs) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of August 8, 2023 (b) Council Workshop of August 8, 2023 CONSENT AGENDA e items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed Traditionally items are not discussed} 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Resolution No. 15617 — Resolution to Donate Surplus Police Department Property (Dispatch Console) (b) Consideration for Approval of Resolution No. 15620 — Resolution Accepting Bid and Awarding Contract for Campbell Lane Lift Station Rehabilitation Project CITY COUNCIL AGENDA —August 22, 2023 (c) Consideration for Approval of Resolution No. 15622 — Resolution Adopting Findings of Fact and Reasons for Approval of a Preliminary and Final Plat for Les Schwab Subdivision With Favorable Planning Commission Recommendation (d) Consideration for Approval of Resolution No. 15623 -- Resolution Adopting Findings of Fact and Reasons for Approval of a Preliminary Plat for Second Addition to the Meadows With Favorable Planning Commission Recommendation (e) Consideration for Approval of Resolution No. 15624 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit for a Single -Family Residence in a C-3 Zoning District Located at 6 Franklin Street SW With Favorable Planning Commission Recommendation (#) Consideration for Approval of Water Conservation Plan Implementation — State Drought Warning (g) Claims, Appropriations and Contract Payments — Register A APPROVAL OF CONSENT AGENDA I1 (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — 6:00 P.M. - NONE COMMUNICATIONS REQUESTS AND PETITIONS (7he purpose o this portion oj the agenda is to provide the .ounci with information necessary to craft wise policy. Includes items like monthly or annual reports and communications froin other entities.) 9. DISCUSSION ON REGULATING CANNABIS IN RELATION TO CURRENT CITY ORDINANCES DEALING WITH TOBACCO AND SMOKING UNFINISHED BUSINESS 10. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 23-841 — SALE OF MUNICIPALLY -OWNED PROPERTY (MITGI DEVELOPMENT PROPOSAL) NEW BUSINESS 11. APPROVE/DENY RESOLUTION NO. 15621 -- RESOLUTION APPROVING PROPOSED HUTCHINSON UTILITIES COMMISSION RATE CHANGES 12. APPROVE/DENY RESOLUTION NO. 15625 — RESOLUTION ORDERING PREPARATION OF REPORT ON NEW GRANDSTAND AND OTHER IMPROVEMENTS AT VMF BASEBALL FIELD 13. APPROVE/DENY FUNDING REQUESTS FROM THE HUTCHINSON CENTER FOR THE 2 CITY COUNCIL AGENDA — Angu.st 22, 2023 ARTS 14. APPROVE/DENY PRIVATE HANGER CONSTRUCTION AT MUNICIPAL AIRPORT 15. APPROVE/DENY RESOLUTION NO. 15618 — RESOLUTION AUTHORIZING EXECUTION OF MN/DOT AERONAUTICS GRANT AGREEMENT 1054611 -- AIRFIELD LIGHTING 16. APPROVE/DENY RESOLUTION NO. 15626 — RESOLUTION AUTHORIZING EXECUTION OF MN/DOT AERONAUTICS GRANT AGREEMENT 1054622 — HANGER GOVERNANCE he purpose o t pis portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 17. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) City of Hutchinson Financial Report and Investment Report for July 2023 (b) Hutchinson Housing Redevelopment Authority Board Minutes from July 18, 2023, and Annual Board Meeting Minutes from August 16, 2022 (c) Planning Commission Minutes from July 18, 2023 MISCELLANEOUS 18. STAFF UPDATES 19. COUNCIL/MAYOR UPDATE ADJOURNMENT CITY OF HUTCHINSON RESOLUTION NO. 15616 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 services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, the following persons or entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount Donation Date Kiwanis Club of Hutchinson $26,401.00 7/27/2023 WHEREAS, such a donation has been contributed to the City of Hutchinson Parks Department towards improvements to Kiwanis Park. WHEREAS, the City Council finds that it is appropriate to accept the donation offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donation described above is hereby accepted by the City of Hutchinson. Adopted by the City Council this 22nd day of August 2023. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor Resolution No. 15619 RESOLUTION ACCEPTING DONATION OF PERSONAL PROPERTY WHEREAS, The City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and, WHEREAS, the following individual has offered to contribute personal property set forth below to the City of Hutchinson, Hutchinson Parks Department: Name of Donor Type of Property Joyce Hochsprung — Master Gardener 40 — variety— variety of daylilies (estimated value $400) WHEREAS, it is the intention of the City of Hutchinson to use the property throughout Hutchinson parks and rights -of -way; and WHEREAS, the City Council hereby finds that it is appropriate to accept the donation offered, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the donation described above is hereby accepted by the City of Hutchinson with the conditions as laid out in the resolution. Adopted by the City Council this 22nd day of August, 2023. Gary T. Forcier, Mayor Matthew Jaunich, City Administrator HUTCHINSON CITY COUNCIL MEETING NHNUTES TUESDAY, AUGUST 8, 2023 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: 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 Dave Sebesta, Tim Burley, and Pat May. Member absent was Chad Czmowski. Others present were Matt Jaunich, City Administrator and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that an additional item will be added to the agenda as Item 12.5. This item will be to consider purchasing emergency replacement of meter reading base Sensus systems in the north and south water towers. Motion by May, second by Burley, to approve the agenda with the additional item noted. Motion carried unanimously. 2. INVOCATION — Faith Lutheran 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 previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15614 — Resolution Accepting $3200 Donation from Jim & Linda Fahey for Purchase and Installation of Downtown Benches Motion by May, second by Sebesta, to approve Resolution No. 15614. Motion carried unanimously. PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to 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 July 25, 2023 (b) Council Workshop of July 25, 2023 Motion by Sebesta, second by May, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA CITY COUNCIL MINUTES — August 8, 2023 (The items listed for consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed) 7. APPROVAL OF CONSENT AGENDA (a) Consideration for Approval of Forgivable Loan Agreement for First Children's Finance Childcare Provider Funding (b) Consideration for Approval of Issuing Short -Term Gambling License to Vineyard United Methodist Church from August 17-20, 2023, at McLeod County Fair (c) Consideration for Approval of Purchase of Truck and Dump Body (d) Consideration for Approval of Resolution No. 15615 — Resolution Creating Wastewater Plant Operator Position and Amending 2023 Position Classification Table (e) Affirm Board Reappointments I. Andy Nissen to Sustainability Board to May 2026 2. Kim Pearson to Police Civil Service Commission to May 2026 3. Ashley Gabbert and Joshua Kamrath to PRCE Advisory Board to August 2026 4. Connie Dahl to Senior Advisory Board to January 2026 (f) Claims, Appropriations and Contract Payments Motion by May, second by Sebesta, to approve consent agenda. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. - NONE purpose o t is portion o t e agenda is to provide the Council with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) 8. DISCUSSION ON NEW PROPOSED RATE STRUCTURE FOR HUTCHINSON UTILITIES COMMISSION Jeremy Carter, HUC General Manager, presented before the Council. Mr. Carter explained that the Hutchinson Utilities Commission conducts a cost of service study every five years for electric and natural gas rates. Based on the results of the studies completed, HUC intends to change the retail rate structure for three years on all customer classes within the electric and natural gas divisions. The decision for the rate adjustment in both divisions will continue to promote customer equitability and minimize future increases when the next cost of service study is completed. The rate adjustments do mean a rate increase in both divisions. Mr. Carter reviewed the rate structure approved by HUC for 2023, 2024 and 2025. There has been no increase for 17 years. Pursuant to the City Charter, the Council does have the authority to veto the rate changes within 30 days after receiving notice from HUC. Matt Jaunich noted that a Resolution will be before the Council at the next meeting to consider supporting the HUC rate changes. Mr. Carter spoke about the HUC's solar energy project which is performing well for them. 2 CITY COUNCIL MINUTES — August 8, 2023 UNFINISHED BUSINESS NEW BUSINESS 9. APPROVE/DENY RESOLUTION NO. 15613 — RESOLUTION AUTHORIZING ISSUANCE OF $1,455,000 GENERAL OBLIGATION BONDS, SERIES 2023A Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that bids have been solicited and received for the 2023 bond issuance. The new 15-year debt will finance the following 2023 projects: Roberts Road improvements, Pavement Management Program, Alley Improvements and Jefferson Street SE improvements. Bruce Kimmel, Ehlers, presented before the Council. Mr. Kimmel explained that five bids were received this morning with the winning bid coming from TD Securities. The new bond sale is in the amount of $1,350,000 based on TD Securities' bid with an interest rate of 3.58%. The City's Standard & Poor's bond rating has been reaffirmed. Motion by May, second by Burley, to approve Resolution No. 15613. Motion carried unanimously. 10. APPROVE/DENY MITGI DEVELOPMENT PROPOSAL AND FIRST READING OF ORDINANCE NO. 23-841 — SALE OF MUNICIPALLY -OWNED PROPERTY Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that a lot owned by the City located at 135 Franklin Street North has been solicited for Request for Proposals for redevelopment. Midwest Industrial Tool Grinding Inc. (MITGI) has submitted a proposal to redevelop the site with a four -unit town home project. The project will consist of two-story homes that will initially be rental units owned by MITGI although at least one unit may be retained for company "guest housing". The Hutchinson EDA has reviewed the proposal and determined that it best meets the goals for redevelopment of the site. The project is estimated at nearly $1.6 million and would be scheduled for 2024 construction. Motion by May, second by Sebesta, to approve MITGI development proposal and first reading of Ordinance No. 23-841. Motion carried unanimously. 11. APPROVE/DENY SENDING OUT REQUEST FOR PROPOSALS FOR FIXED BASE OPERATOR FOR BUTLER FIELD Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that every 10 years the fixed base operator role at Butler field is up for review with the potential for the solicitation of new services. Tom Ashenfelter with ASI Jet has provided these services for the past ten years. The Airport Commission has discussed the Request for Proposal options and is recommending that an RFP again be sent out for another 10-year period with options for three one-year renewals. A Winter/Spring selection is expected with a potential transition expected on or around June 1, 2024. CITY COUNCIL MINUTES — August 8, 2023 Motion by May, second by Burley, to approve sending out RFPs for fixed base operator for Butler Field. Motion carried unanimously. 12. APPROVE/DENY SETTING COUNCIL BUDGET WORKSHOPS (a) August 22, 2023, at 4:00 p.m. to Review Preliminary Capital Improvement Plan (b) September 12, 2023, at 4:00 p.m. to Review Preliminary Budget and Tax Levy Motion by Burley, second by May, to set Council budget workshops for August 22 and September 12, 2023, at 4:00 p.m. Motion carried unanimously. 12.5 APPROVE/DENY EMERGENCY REPLACEMENT OF METER READING BASE SENSUS SYSTEMS IN THE NORTH AND SOUTH WATER TOWERS Matt Jaunich explained that the meter reading base system in the City's north water tower had a failure, most likely from a lightning strike, which prevented the majority of water and gas meters from being read for the July billings. To complicate matters, the systems are obsolete and no longer being supported by Sensus. As such, Sensus does not have the necessary parts to service the failed equipment. Staff believes the best approach is to replace the systems in both water towers with a version that will be supported by Sensus for several more years. The total cost for the replacement system is $73,600. The City's water fund will pay for $18,772.48 of the system with the remainder being paid by HUC. The allocation is based on total number of meters being read by the two systems. Motion by May, second by Sebesta, to approve replacement of meter reading base Sensus systems. Motion carried unanimously. GOVERNANCE (The purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 13. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Library Board Minutes from June 26, 2023 (b) Hutchinson Utilities Commission Minutes from June 28, 2023 (c) City of Hutchinson Financial Report and Investment Report for June 2023 MISCELLANEOUS 14. STAFF UPDATES Tom Gifferson — Chief Gifferson spoke on the topic of electric bicycles. Chief Gifferson explained that there are three classes of electric bicycles that can travel up to between 20-28 miles per hour. These electric bicycles are not prohibited from traveling on sidewalks, however Class 3 electric bicycles are not allowed on state trails, such as the Luce Line. Chief Gifferson, and the mayor, requested electric bicycle users to use good etiquette while traveling on streets and local trails when traveling near pedestrians and other bicyclists. Matt Jaunich — Mr. Jaunich noted that the DMV office has moved to its new location effective August 7, 2023, located adjacent to the new police facility on Jefferson Street. Mr. Jaunich also noted that the community survey will be open to the public on August 11, 2023, which will need to be completed online. The aquatic center will be officially closed on August 18, 2023, with a limited schedule from .19 CITY COUNCIL MINUTES — August 8, 2023 August 13-18, 2023, due to the majority of the staff being high school/college students. 15. COUNCIL/MAYOR UPDATE Gary Forcier— Mayor Forcier asked the Council their thoughts on perhaps piggybacking cannabis use onto the tobacco use ordinance. Mr. Jaunich noted that local municipalities can regulate where cannabis is smoked, the location of sales facilities, the number of facilities and if the city wants to have a municipal dispensary. Mr. Jaunich noted that the City's tobacco ordinance does include tobacco products, weeds and plants and does not allow smoking these items in some parks and within 25 feet of playgrounds as well as requiring compliance with the Clean Indoor Act (15 feet from doors/windows, no smoking in business establishments/restaurants, etc.). Council Member May suggested incorporating cannabis use into the City's tobacco ordinance. Staff will send the council members detailed information on the City's tobacco ordinance and this can be discussed at the next City Council meeting. ADJOURNMENT Motion by May, second by Burley, to adjourn at 6:45 p.m. Motion carried unanimously. HUTCHINSON CITY COUNCIL SPECIAL WORKSHOP MEETING MINUTES TUESDAY, AUGUST S, 2023, AT 4:30 PM CITY CENTER — COUNCIL CHAMBERS Call to Order Mayor Gary Forcier called the meeting to order. Council Members present were Tim Burley, Pat May, and Dave Sebesta. Member absent was Chad Czmowski. Others present were Matt Jaunich, City Administrator and Marc Sebora, City Attorney. DISCUSSION/REVIEW ITEMS 1. Coalition of Greater Minnesota Cities Annual Update Bradley Peterson, Coalition of Greater Minnesota Cities, presented before the Council. Mr. Peterson updated the Council on activities of the CGMC throughout the year. Mr. Peterson reminded the Council that the CGMC represents 100+ cities across the state in the areas of LGAIProperty Taxes, Economic Development, Annexation and Land Use, Transportation, Environment and Energy, and Labor and Employment. Mr. Peterson explained that the top legislative priorities for 2023 included a $150 million LGA increase, formula update and inflation/population adjustment; a bonding bill which included Public Facilities Authority funds, Greater Minnesota Child Care Facilities grants, Business Development Public Infrastructure grants, and Infrastructure projects across greater Minnesota; lead line inventory and replacement; permanent and ongoing funding for city streets of all sizes; Corridors of Commerce reforms and funding; child care economic development grants and community support programs; and Greater N4N Workforce Housing Development Fund. Mr. Peterson also noted that state budget forecasts show a historic surplus for FY 2024-25 and FY 2026-27. Mr. Peterson reviewed the CGMC's focus/requests on the following topics: 1. Local Government Aid — increase appropriation by at least $150 million; update LGA formula to ensure maximum impact for Greater Minnesota cities; and add inflation and population growth adjustment -- ultimately the legislature increased LGA $80 million in 2024/2025; 2. Bonding — PFA, BDPI, Greater MN Housing Infrastructure, Greater MN Child Care facilities, local roads and bridges - these priorities of CGMC took a hit in a proposed all -cash infrastructure package but in the end a traditional General Obligation bonding bill was passed in the final hours of the session with the largest infrastructure package in Minnesota history; 3. Environment — replacementlremoval of lead pipe lines across the state and water infmstructurelprograms. Lastly, Mr. Peterson reviewed items of note for the 2024 legislative session which includes a traditional year for a bonding bill, potential constitutional amendments, surplus spending, "fix -it" items from the 2023 legislative session and much policy discussion. Mr. Peterson also reviewed upcoming CGMC events. General discussion was held on use of the public safety aid funds that will be distributed. Mr. Peterson also spoke about the moratorium on local sales tax. General discussion was also held regarding the large state surplus. Motion by May, second by Burley, to adjourn at 5:15 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunieh City Administrator FBI HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Resolution to donate surplus property. Agenda Item: Department: Police Services LICENSE SECTION Meeting pate: 8/22/2023 Application Complete NIA Contact: Thomas D Gifferson Agenda Item Type: Presenter: Thomas D Gifferson Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 2 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENDA ITEM: Requesting approval of resolution #15617 to donate surplus property to McLeod County Sheriff's Office. Surplus property: MCC7500 used dispatch console that is no longer of use to the City of Hutchinson but can be utilized by McLeod County Sheriffs Office in their Communications Center. Request Letter from McLeod County Sheriff Tim Langenfeld is included. BOARD ACTION REQUESTED: Recommend Approval Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA Serving McLeod Sheriff Tim Langenfeld Hutchinson Police Department 214 1"Avenue NE Hutchinson, MN 55350 July 24", 2023 Chief Gifferson, The McLeod County Sheriffs Office has completed the upgrade to our Communications center and added an additional PSAP position. During the process of upgrading, we utilized our spare VPM for the added 5" position. This left us without a backup VPM. It has been brought to our attention you have a VPM in your old Police Department that will no longer be utilized with the transition to the new building. This VPM could be utilized for as a backup if your agency would like to donate the equipment to the McLeod County Sheriff's Office. If you have questions or need anything further, please let us know. Sincerely, Sheriff Tim Langenfeld McLeod County Sheriffs Office 801 101 St E, Glencoe, MN 55336 Phone (320) 864-3134 Fax (320) 864-5920 RESOLUTION TO DONATE SURPLUS POLICE DEPARTMENT PROPERTY Resolution No. 15617 WHEREAS, the Hutchinson Police Department has accumulated surplus property. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91, Subdivision 3, Paragraph C for the donation of surplus property. AND WHEREAS, the police department has determined that it is in possession of surplus property. AND WHEREAS, the surplus property was originally purchased with grant funds from the South Central Region. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. That the Hutchinson City Council hereby approves the donation of a Motorola MCC7500 Dispatch Console, Model No. B 1933A, Serial No. 443CNBO579 to McLeod County. Adopted by the City Council this 22nd day of August 2023 Mayor City Administrator HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PORPOSE. 2023 Wastewater Lift Station Improvements Agenda Item: Department: PW/Eng LICENSE SECTION Meeting pate: 8/22/2023 Application Complete NIA Contact: Tim GratkelMike Stifter Agenda Item Type: Presenter: Tim GratkelMike Stifter Reviewed by Staff F/1 Consent Agenda Time Requested (Minutes): License Contingency NIA Attachments: Yes BA CKGROUND/EXPLANA TION OF AGENDA ITEM: The City received four bids (see attached Bid Tabulation) for the 2023 Liftstation project on Wednesday, August 18th. The proposed project this year will be for Campbell Lane. The apparent low bidder is Hjerpe Contracting, Inc., with a bid of $82,810.00. This projects total cost is within budget and associated funding contributions will come from the Wastewater Fund. Per the recommendation of Nero Engineering and staff review, City staff recommends that a purchase order be authorized to administer wastewater lift station improvements (Campbell Lane) in the amount of $82,810.00. Resolution to award this project is attached. We recommend approving the provided Resolution. 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: $ ❑_00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ a.0Q Funding Source: RESOLUTION NO. 15620 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT Campbell Lane Lift Station Rehabilitation Project Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: Campbell Lane Lift Station Rehabilitation Project: Consists of replacing all of the mechanical equipment within the wet well, replacing the wet well cover and access hatch, constructing a control panel pad, installing the Owner provided submersible pumps and control panel, and appurtenances, and bids were received, opened and tabulated according to law, and the fallowing bids were received complying with the advertisement: Bidder Total Bid Hjerpe Contracting, Inc. of Hutchinson MN $82,810.00 CCS Contracting, Inc. of New Brighton MN $89,000.00 R & R Excavating, Inc. of Hutchinson MN $110,767.18 Gridor Constr., Inc. of Buffalo MN $278,500.00 and whereas, it appears that Hjerpe Contracting, Inc. of Hutchinson, MN is the lowest responsible bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: The mayor and city administrator are hereby authorized and directed to enter into a contract with Hjerpe Contracting, Inc. of Hutchinson, MN in the amount of $82,810.00 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 22nd day of August 2023. Mayor, Gary Forcier City Administrator, Matthew Jaunich CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON MN 55350 320-234-4209 BID TABULATION - CITY OF HUTCHINSON CAMPBELL LANE LIFT STATION REHABILITATION PROJECT BID OPENING: W1612023 @ 2:00 PM Hjerpe Contracting, Inc. CCS Contracting Inc. R 8 R Excavating, Inc. Crider Constr., Inc. Kfct H HJerpe Paul Johnson Brent Reiner Estimating Department it 162a6 Hwy 15 S PO Box 517 2WA1 PIRe LULL Of IR 1lag Hwy 22 Sam 3gg0 27fh Si SE ? Fn�neei s Es�irnafe Hu[n MH 55350 Hew Brighton MN 55112 Hutchinson, MN 55MO Buffalo MN WM Phoonene 3 20,73d3085 Phone 612-7014544 Phone 320387-541s Ph— Phone 763fi54-]73d ITEM DESCRIPTION estimating�nJe pecvntranl rnlchellegrreacavaung.nel ng— B1D PRICE BID TOTAL BID PRICE BID TOTAL BID PRICE 1 13I0 TOTAL BID PRICE I BID TOTAL BID PRICE BID TOTAL BASE BID $76,000.00 $82,810.00 $89,000.00 $1107767.18 $278,500.00 DBE GOAL 0.00°% 0.00% 0.00°% 0.00°% 0.000/0 BASE BID MIT BID PRICE BID TOTAL BE pMe BID TOTAL BID PRICT��] BID PRICE BID TOTAL BIO PRICE BID TOTAL 7 Q7 LIFT STATION REHAFIILITATION LVa1P SLIMS76,ODO.DO FIIU:" $76,000.00 $82,6f0.00 ES2.810.170 $84,000 y110,767.16 $110,767. to $27a,500.00 5276.500.00 TOTAL - CAMPBELL LANE LIFT STATION REHAB $76,000.001 $82p810.00I $139,000.001 $110,767.181 $278,500.00 Pege1 of I NERD ENGINEERING August 16, 2023 7135 MADISON AVENUE W MINNEAPOLIS, MN 55427 www.neroeng.com (612) 240-0524 TO: City of Hutchinson Attn: Tim Gratke 1300 Adams St. SE Hutchinson, MN 55350 (320) 234-4231 Re: Letter of Recommendation Campbell Lane Lift Station Rehabilitation Project — Construction Contract Dear Mr. Gratke: On behalf of the City, Nero Engineering reviewed the quotes for the rehabilitation of the Campbell Lane Lift Station. This is the seventh lift station rehabilitation project in an overall effort to standardize equipment in all of the City's lift stations. This project generally consists of replacing all of the mechanical equipment within the wetwell, replacing the wetwell cover and access hatch, and installing the control panel. The control panel and pumps are being procured by the City and will be installed as part of this construction contract. Quotes were received from four contractors: Hjerpe Contracting, R & R Excavating, CCS Contracting, and Gridor Constr. The results of the quotes are: 1. Hjerpe Contracting, Inc.- $82,810.00 2. CCS Contracting, Inc.- $89,000.00 3. R & R Excavating, Inc.- $110,767.18 4. Gridar Constr., Inc.- $278,500.00 Historically, these projects have had a wide range of quotes as was also seen in this project. Construction costs for the past similar lift station projects ranged from $60,000 to $100,000. It is our recommendation to award the Campbell Lane Lift Station Rehabilitation Project to Hjerpe Contracting, Inc., in the amount of $82,810.00. I will be pleased to answer any questions concerning the recommendations set forth herein. Sincerely, �Ptk(JAN� Jennifer 5vennes, PE HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Consideration of a Preliminary and Final Plat for Les Schwab Subdivision Agenda Item: Department: Planning LICENSE SECTION Meeting pate: 8/22/2023 Application Complete NIA Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 5 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENDA ITEM: The property owner is requesting to reconfigure property that has been previously platted as Menard Addition. The proposed plat creates two lots of the existing outlot. The southerly lot being created is proposed to have a Les Schwab Tire built on it in 2025. The northerly lot will remain available for future development. All of the proposed lots will meet minimum lots size requirements when this process is finished. Nobody from the public spoke regarding this request. There were no questions from the Planning Commission. The Planning Commission voted unanimously (5-0) to recommend approval of this request to the City Council. BOARD ACTION REQUESTED. Approval of preliminary and final plats. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA CITV OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15622 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A PRELIMINARY AND FINAL PLAT FOR LES SCHWAB SUBDIVISION. FACTS 1. Menard Inc is the owner of 1550 Montreal St SE; and, 2. The subject properties are legally described as: Lot 1, Block 3, Menard Addition 3. Main & Main Capital Group has applied for a two -lot final plat, located at 1550 Montreal St SE, Hutchinson, MN, to be known as Les Schwab Subdivision. 4. The Planning Commission met on August 15, 2023 and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request subject to the following findings and conditions: a. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. b. Site plan approval and all applicable building permits are required before work can start on project. c. Owner is responsible for utility connections and need to follow all City rules and obtain permits for any utility work. The City Council of the City of Hutchinson reviewed the request at its meeting on August 22, 2023 and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the final plat of Les Schwab Subdivision subject to the following findings and conditions: a. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. b. Site plan approval and all applicable building permits are required before work can start on project. c. Owner is responsible for utility connections and need to follow all City rules and obtain permits for any utility work. APPLICABLE LAW b. The final plat request meets the following standards as required in Sections 153.035 and 153.050 of the City of Hutchinson Municipal Code. CONCLUSIONS OF THE LAW 7. 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 for Les Schwab Subdivision is approved. Adopted by the City Council this 22nd day of August, 2023. Findings of Fact — Resolution # 15622 Les Schwab Subdivision Final Plat Page 2 ATTEST: Matthew Jaunich City Administrator Chad Czmowski Mayor Pro Tem DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP Date: August 11, 2023 for August 15, 2023, Planning Commission Meeting Application: Consideration of a Preliminary and Final Plat for Les Schwab Subdivision Applicant: Main & Main Capital Group PRELIMINARY AND FINAL PLAT FOR LES SCHWAB SUBDIVISION The property owner is requesting to reconfigure property that has been previously platted as Menard Addition. The proposed plat creates two lots of the existing outlot. The southerly lot being created is proposed to have a Les Schwab Tire built on it in 2025. The northerly lot will remain available for future development_ All of the proposed lots will meet minimum lots size requirements when this process is finished. N } Indicates property descnbed i tthis notice _ EDNiONTON AVE SE PR y LU V) LU • • a 1i Uj FY �R itwi 1550 F � Q s • � T ■ 0 AIRPORT ROAD 1 CSAH 115 Preliminary and Final Plat Les Schwab Subdivision Planning Commission — 811512023 Page 2 GENERAL INFORMATION Existing Zoning: C-4 Property Location: 1550 Montreal St SE Existing Land Use: Undeveloped commercial lot Adjacent Land Use And Zoning: Commercial Comprehensive Land Use Plan: Commercial and Residential Zoning History: This area was platted with the development of the Menards store in 2000. Applicable Regulations: Sections 153.035 and 153.050 of the City Code Preliminary and Final Plat: As noted above, the purpose of the plat is to create a buildable lot for the future construction of a Les Schwab Tire Center. Lot 1 is the proposed location of the Les Schwab Tire Center and the lot is 1.98 acres and meets all dimensional requirements of the C-4 Zoning District. Lot 2 is the remaining portion of the original outlot and is 4.06 acres and will likely be further subdivided to accommodate future development. A full site plan review will have to be applied for and approved by the City prior to construction starting on the project. This plat is essentially starting the development process for the development team. 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, (no preliminary plat required per 153.100) (b) Conforms to the design standards set forth in this chapter; (c) Conforms to the adopted Comprehensive Plan; and (d) Is in accordance with all requirements and laws of this state. Preliminary and Final Plat Les Schwab Subdivision Planning Commission — 811512023 Page 3 Recommendation: Staff recommends approval of this request. If Planning Commission feels this Plat is acceptable the following conditions should be applied to the final plat approval: 1. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. 2. Site plan approval and all applicable building permits are required before work can start on project. 3. Owner is responsible for utility connections and needs to follow all city rules and obtain permits for any utility work. EXISTING PROPERTY DESCRIPTION: GENERAL SITE NOTES u���mn•n.vn mRawwm �nio.rbeoa wgrweu �. ..n..umxexvw,onox m.�meae,�..na....awn S"t DEV EROPM ENT SUMMARY . ., .,. R...�..wn.. LEGEND •wan; D w...� m .. .a.. rrnr 9 .m•• ——,w..a...w g on,reu �—aew it R ••'��^ m—�—.mraw � � vnr�..ona.ra—•—,�•P• — d ty^xy upnx[.4L 9E � 0 • �- .-- — - ^an ----- - - - - , O r c - _ L I: d.l tli f eRo[K f' i f wµ�4- 1! I I I I f .-/' �C MAIN & MAIN CAPITAL GROUP �.� LES SCIIWA6 SUBDIVISION Westwood EMSTING CONDITION5� n �x;fl� ... L5��r -1�` Hli<61INyaI. V,uINC�A,h .wb PRELIMINARY PLAT Vrt�v[-[I Nuugak tU" ww. tl711yRW3 LES SCHWAB SUBDIVISION Westwood s.m.w4 LES SCHWAB SUBDIVISION F SITE --—------—-- ------------- TRUNK Na 15 -'A ­' - —,"— — I —, 1­7 ----------------------- .............. 0 C 44�8i Tw vftbJ � HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Consideration of a Preliminary Plat for Second Addition to the Meadows. Agenda Item: Department; Planning LICENSE SECTION Meeting pate: 8/22/2023 Application Complete NIA Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 5 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENDA ITEM: The applicant has submitted a preliminary plat for the Second Addition of the Meadows. This proposed plat is adjacent to Golf Course Road NW and the Meadow Development. The preliminary plat consists of eight lots. All homes are planned to be slab on grade homes. The developer is proposing twin homes for these lots. Please see attached staff report for more information. The Planning Commission held a public hearing on this request on August 1 5th and heard comments from one resident. The resident had questions regarding the number of lots, how many units were being built and driveway access. In addition, there was a question about how close these would be to the rear property line and staff noted they would be at least 25 feet from rear property line. It should be noted that the Meadow homes are about E feet from the property line. The Planning Commission had a question regarding the pond and it being located within one of the lots. Staff noted this is not uncommon and there will be an easement for the pond. The Planning Commission voted unanimously to recommend approval of this request to the City Council. BOARD ACTION REQUESTED: Approval of preliminary plat. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA CITV OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15623 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A PRELIMINARY PLAT FOR SECOND ADDITION TO THE MEADOWS. FACTS 1. Bonneville Land and Cattle LLC is the owner of 940 North High Dr NW; and, 2. The subject properties are legally described as: Outlot B, The Meadows CIC 412 3. Bonneville Land and Cattle LLC has applied for an eleven -lot preliminary plat, located at 940 North High Dr NW, Hutchinson, MN, to be known as Second Addition to the Meadows. 4. The Planning Commission met on August 15, 2023 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. Each lot will require a separate utility service. b. Provide the City the planned phasing plan of the development. c. A subdivision/developer's agreement will need to be developed between the City and the property owner prior to the City's execution of the Final Plat document. d. The final plat will need to be applied for within 60 days of preliminary plat approval per City code or an extension granted by the City Council. 5. The City Council of the City of Hutchinson reviewed the request at its meeting on August 22, 2023 and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the preliminary plat of Second Addition to the Meadows subject to the following findings and conditions: a. Each lot will require a separate utility service. b. Provide the City the planned phasing plan of the development. c. A subdivision/developer's agreement will need to be developed between the City and the property owner prior to the City's execution of the Final Plat document. d. The final plat will need to be applied for within 60 days of preliminary plat approval per City code or an extension granted by the City Council. APPLICABLE LAW 6. The final plat request meets the following standards as required in Sections 153.035 and 153.051 of the City of Hutchinson Municipal Code. CONCLUSIONS OF THE LAW 7. 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 plat for Second Addition to the Meadows is approved. Findings of Fact — Resolution # 15623 Second Addition to the Meadows Final Plat Page 2 Adopted by the City Council this 22nd day of August, 2023. ATTEST: Matthew Jaunich City Administrator Gary T. Forcier Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP and City of Hutchinson Planning Staff Date: August 11, 2023, for August 15, 2023, Planning Commission Meeting Application: CONSIDERATION OF PRELIMNARY PLAT OF SECOND ADDITION TO THE MEADOWS. Applicant: BONNEVILLE LAND AND CATTLE, LLC PRELIMINARY PLAT OF SECOND ADDITION TO THE MEADOW Brief Description The applicant has submitted a preliminary plat for the Second Addition of the Meadows. This proposed plat is adjacent to Golf Course Road NW and the Meadow Development. The preliminary plat consists of eight lots. All homes are planned to be slab on grade homes. The developer is proposing twin homes for these lots. RE 12THAVE NW * Indicates property described in this notice Q 0 Z D Nw ,3:: Preliminary Plat Second Addition to the Meadow Planning Commission — 5-15-23 Page 2 GENERAL INFORMATION Existing Zoning: R-2 Planned Development (Medium Density Residential District) Property Location: Golf Course RD NW & School RD NW. Lot Size: 5,000 square feet to 23,450 square feet. Existing Land t!se: Vacant land Adjacent Zoning: R-1, R-2, R-2 P❑ Adjacent Land Use: Residential Comprehensive Land Use Plan: Medium Density Residential Neighborhood Zoning History: Originally platted as the Meadows in 2000 Applicable Regulations: City Code of Ordinances Sections 153.35 — 153.51 Transportation: Golf Course Road NW Physical Characteristics: Generally flat Analysis: The preliminary plat as presented appears to meet the requirements of the subdivision and zoning ordinances. All of the lot sizes appear to be appropriate and consistent with the zoning ordinance and planned development district requirements. There are eight lots in the plat and there will be four twin homes on those eight lots. The twin home lots range from 5,000 to 23,450 square feet per lot. Six of the eight lots are between 5,000 and 5,644 square feet. The lots on each end of the proposed plat are larger with one being 11,064 square feet and the other being 23,450 square feet. Utilities will be stubbed in and be located parallel to Golf Course Road on the north side of the road. Final utility and grading plans will be finalized within a development agreement between the City and the developer. A pond is proposed at the intersection of Golf Course Rd. NW and School Road NW to treat stormwater runoff from the development. Recommendation: Staff recommends approval of the preliminary plat subject to the following conditions. 1. Each lot will require a separate utility service. 2. Provide the City the planned phasing plan of the development. 3. A subdivision/developer's agreement will need to be developed between the City and the property owner prior to the City's execution of the Final Plat document. 4. The final plat will need to be applied for within 60 days of preliminary plat approval per City code or an extension granted by the City Council. ---� -----� �sw� .ou b.., "ems _ — �M M , z3.�s�v � zuv,� / I l� - ,I I I / � , T-7 OUTLOT B/— m M�xa. eom — e.. smeoa°u,. r �..i // \ .,(.//'F �� ��J �� � /• jq�r � -� R� / I� � / //% ��/ a M�feswsr rl � / / � . / /� \\ i � _ 1 �o ��J � J7 S/r °✓�I/l J i Q- ° OUTLOT A" e.�,,:,va"' wx � x �,�,e. . . ° . F _ a �^� �' e� �. I tY •�� z • `E %: c Vicinity Map e;S:7^:Jxn �{ r yl' -e4xe ei� e�pi I / - SHEET INDEX SHEET NO. OFSL'1Vn°il[W o. uiw "wowr c ion z PPRREELMamWmpprr FILAPent !PIL¢A sNJ J PRELWflivrxeYAN tlAM%G4 PRELMAY SEE lJFIPk n� _ SYEF� 2 QTTO, SECOND ADDITION TO THE MEADOWS PRELIMINARY PLAT 23-0122 Bonneville Land & Cattle. LLC. °'E'O' Hutchinson, "N SHEE7'fVQ. 1 OF 4 SHU DETAIL A ti , , A 1 OUTLOT A'� ' 1.4 ----- .,.a ;r;, a 'i p tt221. 50 21TYPICAL HOUSE DETAIL e 1 77 "" SEC0[4D ADC) 0 TO THE MEADOWS El.-M. Land &Cattle. LLC. Htrtchina . MN PREI-IMINARY PLAT DETAILS 2 �22 SHEET Np. 2 OF4 SHEETS ... —1— .1-- .. "I I . � LLr- -VW22 1 SECOND AD"D,ITION TO TH ❑E M EADOWS PRELIMINARY UTILMY PLAN a5z: I _i,e "_1 & c;.ftje. I Hutchinson. MN jSYLILITNO. 3 Or 4 SHErTSJ-" OUTLOT A SCALE 1-0 A E\ x EE AD A -------------- _AA. 2 0 —A. 4 Mr TO, ANLY �XC�ACI "ALTLIlIC" D`lTXDIJInl`iS. DGGlIG: vase stamAs..e 1ALLIE4181HMISZEFORELL sa IINTCLL FREEEA III 1. IE -AICNS IF E.ISING DNCE—ND DIL— E E I V— SH— I % ZlI`TlXlI= 'TWAY '"Llyl I�FALCCE,—LCI QLTI BI LLY REW"S, FDLLY REW.IS. AID ALL D—S A11.1 I.T IE DClASICIEl lY IS FAIIRE TI E-11 DDCAI AID IRESE— u,Y AUG ALL —EIGICID1 LTL— Oz� - — - — -- -- —D-- ---- --- "OURT15ADIrM IEAT*LE—'" A,l ""' T I `� A_ _ED D—FIF FLCA �L S.L r— ED T" PLLAT A SECOND ADDITION TO THE MEADOWS PRELIMINARY GRADING PLAN tw --S—L E.I.— —E"IITA' — E IF 11"l—,�/,_,2p (DTTo Ela—M. Land & Cattle.LLr- r IEE.D Htilchinsan. MN ISHEII 4 Or 4 SMI HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Consideration of a Conditional Use Permit for single-family residence in a C-3 Agenda Item: Zoning District, located at 6 Franklin 5t NW. Department: Planning LICENSE SECTION Meeting pate: 8/22/2023 Application Complete NIA Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 5 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENDA ITEM: The Conditional Use Permit (CUP) is required for single-family residences within the C-3 — Central Commercial Zoning District. This lot was originally developed as a single-family home in the first half of the 20th Century. The applicant intends to remodel and use it as a high -end rental property. Nobody from the public spoke regarding this request and there were no questions from the Planning Commission. Commentary was made by the Planning Commission that this is a good project for a vacant building. The Planning Commission voted 4-6 to recommend approval of this request to the City Council with Commissioner Fahey abstaining, as he is a principal in the project. BOARD ACTION REQUESTED: Approval of the CUP request. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA CITY OF HUTCHINSON MCLEO❑ COUNTY, MINNESOTA RESOLUTION NO. 15624 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY RESIDENCE IN A C-3 ZONING DISTRICT, LOCATED AT 6 FRANKLIN ST NW. FACTS 1. North Star Foundation Properties, LLC is the owner of a parcel of land located at 6 Franklin St NW, Hutchinson Minnesota; and, 2. The subject property is legally described as: lot 5, Block 51, Townsite of Hutchinson North Half 3. North Star Foundation Properties, LLC has applied to the City for a conditional use permit for a single-family residence in a C-3 zoning district, located at 6 Franklin St NW. 4. The Planning Commission met on August 15, 2023, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. The proposed building and site improvements shall comply with the standards of the C-3 zoning district and the Zoning Ordinance. c. The Applicant must obtain all necessary permits for any construction that would be needed. d. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. e. The exterior of the home shall be improved to meet building code and all other city codes within 12 months of the conditional use permit being issued. f. The building will require a new certificate of occupancy upon completion of the project. g. if the property is used as a rental property, a rental certificate is required. 5. The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on August 15, 2623, 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 standards for granting a conditional use permit would be met, subject to the conditions stated. b. The proposed building and site improvements shall comply with the standards of the C-3 zoning district and the Zoning Ordinance. c. The Applicant must obtain all necessary permits for any construction that would be needed. d. The conditional use permit shall remain in effect as tong as the conditions required by the permit are observed. e. The exterior of the home shall be improved to meet building code and all other city codes within 12 months of the conditional use permit being issued. f. The building will require a new certificate of occupancy upon completion of the project. Findings of Fact — Resolution # 15624 6 Franklin St NW Conditional Use Permit Page 2 g. If the property is used as a rental property, a rental certificate is required. APPLICABLE LAW 6. The conditional use permit request meets the following standards as required in Sections 154.063 (C) (7) 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; (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 T The requested conditional use pen -nit is consistent with the comprehensive plan. 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_ 3. 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 for a single-family residence in a C-3 zoning district, located at 6 Franklin St NW, Hutchinson MN is approved. Adopted by the City Council this 22na day of August, 2023. ATTEST: Matthew 3aunich 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: August 11, 2023, for August 15, 2023, Planning Commission Meeting Application: Conditional Use Permit for Single Family Residence in a C-3 Zoning District at 6 Franklin St NW. Applicant: North Star Foundation Properties, LLC Existing Zoning: Property Location: Lot Size: Indicates property described in this notice -i pw Z U) �k z LL _ J Q i WASHINGTON AVE W GENERAL INFORMATION C-3 - Central Commercial District 6 Franklin St NW 66' x 130' Existing Land Use: Vacant — former insurance office Adjacent Land Use And Zoning: C-3 — Central Commercial and R-2 Medium Density Residential Comprehensive Land Use Plan: Mixed Use Zoning History: C-3 for past 50 plus years. Applicable Regulations: City Code of Ordinances Sections 154.063 (C) (7). Transportation: The property will be accessed Franklin St NW and Washington Avenue West. Garage wilt be accessed from alley off Washington Avenue West. Physical Characteristics: 66' x 130' lot with home located on the lot. Analysis: The Conditional Use Permit (CUP) is required for single-family residences within the C-3 -- Central Commercial Zoning District. This lot was originally developed as a single-family home in the first half of the 20th Century. The applicant intends to remodel and use it as a high -end rental property. It should also be noted that this area was zoned commercial back in the late 1960s. There has been some redevelopment that has occurred in this area since then, including the Dental Office and former Police Department to the South. Staff feels there isn't demand for further redevelopment of commercial property in this area at this time. A single-family home may be the highest and best use for this parcel. One of the key themes of the Imagine Hutchinson Downtown Action Plan was having strong neighborhoods and housing stock surrounding the downtown area. Studies have shown a downtown area is only as strong as the neighborhoods surrounding downtown. Staff recommends approval of the CUP if the Planning Commission believes the standards for granting a Conditional Use Permit can be met. Conditional Use Permit: 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. Conclusion: 1. The proposed structure is desirable and will contribute to the general welfare of the neighborhood in the subject location as it will be consistent with the Comprehensive Plan future land use designation. 2_ The proposed building is not anticipated to 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 as the use of the property will remain very similar to the existing use of the property. 3. The proposed building will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations, just as they are used today. Recommendation: Staff recommends the approval of this request to the Planning Commission due to the fact that the applicant's request meets the standards for approving a conditional use permit provided above. If the Planning Commission recommends approval of the applicant's request, staff suggests the following conditions be part of the approval: 1. The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. The proposed building and site improvements shall comply with the standards of the C-3 district and the Zoning Ordinance_ 3. The Applicant must obtain all necessary permits for any construction that would be needed. 4. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. 5. The exterior of the home shall be improved to meet building code and all other city codes within 12 months of the conditional use permit being issued. 6. The building will require a new certificate of occupancy upon completion of the project. T If the property is used as a rental property, a rental certificate is required. HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board action A CITY ON PORPOSE. Water Conservation Plan Implementation - Drought Warning Agenda Item: Department: PWIEng LICENSE SECTION Meeting pate: 8/22/2023 Application Complete NIA Contact: Eric Levine Agenda Item Type: Presenter: Mike Stifter Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 1 License Contingency NIA Attachments: Yes BA CKGROLIND/EXPLANA TION OF AGENDA ITEM: City staff received notification from the Minnesota Department of Natural Resources to begin implementation of Water Conservation Plans in response to the widespread drought in the state. The State Drought Plan specifies actions for water suppliers to take in response to the drought warning. The actions in Stage 1 Demand Reductions of the City of Hutchinson Water Conservation Plan include the following: - Restriction on lawn and garden sprinkling, irrigation, and personal car washing between the hours of gam and 6pm - Inform customers of this water conservation request and restriction -- City website, Facebook page, Press Release in Hutchinson Leader Meet with large water users (using > 10% of total City use) Preparation of information needed to implement Stage 1 of the City Water Conservation Plan is already underway_ The water use restriction is meant to reduce water waste that occurs during non -essential water use activities. Irrigation is not being banned, rather it is being restricted to periods of time that provides the most benefit to vegetation. Other water conservation practices, such as water reuse are encouraged but must be done in accordance with state and local rules_ ❑O NOT use wastewater for irrigation or other outdoor uses. City staff will be available to answer any questions that you may have. BOARD ACTION REQUESTED: Approval of Implementing the City of Hutchinson Water Conservation Plan Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0,00 Funding Source: N/A DEPARTMENT OF NATURAL RESOURCES August 4, 2023 Dear water suppliers in the Mississippi Headwaters watershed, This is a notification that due to prolonged dry weather that has resulted in expansion of severe drought, the Mississippi Headwaters watershed is moving to the Drought Warning Response Phase as described in the Minnesota Statewide Drought Plan. Water Supplier Actions Needed The State Drought Plan specifies actions that water suppliers must implement once the state is elevated to Drought Warning Response Phase. 1. Water Suppliers of a Population over 1,000 -Public water suppliers implement appropriate water use restrictions contained in their Water Supply Plan. a. Your plan can be found in your MPARS account, under the Attachments tab. b. Begin implementing your Water Supply demand reduction measures in Plan Part 2 (Table 22). These actions can be supported by measures that are identified in the Water Supply Plan, Part 3 Water Conservation. 2. All Water Suppliers -Public water suppliers will implement water use reduction actions with a goal of reducing water use to 50%above January levels. a. For example: A city uses 4 million gallons of water in January, and normally uses 6.8 million in August. During the Drought Warning they should only use 6 million gallons in August. b. Communicate to your community the importance of implementing water conservation measures. Websites with water conservation messages: DNR Water Conservation webpage and https://www.ready.gov/drought Significant demand reduction is achievable by restricting or banning non -essential outdoor water use, especially lawn irrigation, power washing buildings, car washing and swimming pool filling. Encourage customers to fix leaks, install water saving devices and water -efficient appliances. Have conversations with your biggest water users and ask them how they might reduce water use, especially during peak times. Use a variety of communication methods: Large exterior signs around the community, mailing/emaiiing all customers, radio station announcements, Face book posts or other social media, and news release to any local paper. Explain the critical situation and that you need everyone's help. Ask customers to conserve water as much as possible. Other Suggestions: • During times of severe drought, monitor your water levels closely. Keep in mind that water quality may be impacted by increased concentrations of contaminants. • Please alert your local DNR hydrologists to any water supply concerns or issues during the summer. • Sign u to receive Govpelivery updates about drought in Minnesota, drought preparations and response, and important ways to conserve water. Best regards, Randall ❑oneen Conservation Assistance and Regulations (CAR) Section Managers Ecological & Water Resources Phone: 651-295-9437 Email: randali.doneen@state.mn.us mndnr.gov City of Hutchinson Water Supply Plan — Water Conservation Plan activities summary Table 22. Short and long-term demand reduction conditions, triggers and actions Protect surface water flows HA ❑ Low strearn flow conditions ❑ Reports of declining wetland and take levels ❑ Other' ❑ increase promotion of conservation measures ❑ other. Short-term demand reduction ❑ Ex'tremely high Sea Son al Enforce the critical water deficiency 1le5s than 1 year water demand (more than ordinance to restrict or prohibA lawn double winter demandl watering, vehicle washing, golf course ❑ Lass of treatment capacity: and part~ irngation & other nonessential 10— 15%drop in pump output uses. ❑ tack of water in storage ❑ Supply augmentation through ❑ State drought plan :: Water allocation: Stage 1 = ban non- 0 Well Interference essential water use between 9 am and 6 X Other: Supply shortage: 5 tm. Stage 2 = enforce odd -even lawn or 10 foot drop in static irrigation, ban car washing, restrict efevaUm tndustnaI and most large commeraaI by 10% of average daily usage. 71 Meet wrath high water users to discuss user's contingency n. Appendix 7 City of Hutchinson Critical «'ater Deiicieuc■- Ordinance and «-ater Emergenc► Enforcement Response Plan I $ S? 06 SHORTAGES. RESTRICTED LISES A -D HOLM% (A) «lieneNrer the city s.ltall detertttute that a shortage of waler threatens the city- it tnav eutirel'V prohibit water use or limit die tune,, mid hours diming xOncit water mat be used Emir the city water systetu for lawn and garden sprui]cling. irrigation, car wastuug, air cosidittonmF and Other uses- or either or auv of them. It is unia xftil for arts• Hater coustuner to cause or perttui tt ater to be used m vzoLition of tlus deteTnuitrition after public minouncenient thereof has Lweu made throtigh the news inedia specifically tndicattng the restnctious thereof (B) The � irs- Adttutustrttor or lus or her designee shall have the authonrs, to declare the terms mid ccnidtttons of the %kfter tt,�L- re>trrcttous. acid the Testnctions shall twoum ef3ectnve munediately following public anwancement of the sane The restrictions shall be con iniwd by the Caty Couned at the ue4d regulariti• scheduled nit-ettng thereof ('99Code a 320) (Ain Ord 97-197 passed,-8-9-) Petial c,,�110.99 WATER EMERGENCY 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. Nun -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-comptiance. D N R Water Conservation Implementation Trigger and Goal Mere is the DNR goal vs. ❑ur current water demand: JANUARY AVG 1.108 MGD AUGUST AVG 1.916 MGD (73%ABOVE JANUARYAVG) LAST 7 DAYS AVG 1.804 MGD (63% ABOVE JANUARY AVG) ❑NR GOAL 1.662 MGD (50%ABOVE JANUARYAVG) MGD = million gallons per day CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/9/23 - 8/22/23 Check Date --------- --- 08/11/2023 Check ------ - EFT Vendor Name ------------------ ------------- EFTPS Descrfpt --------------------------------------- Payroll Report 7/23123 - 8/5/23 Amount 85,006.45 08/11/2023 EFT Child Support Payroll Report 7123/23 - 8/5/23 450.39 08/11/2023 EFT MN Dept of Revenue Payroll Report 7/23/23 - 8/5/23 16,479.93 08/11/2023 EFT UNUM Life Insurance Payroll Report 7/23/23 - 8/5/23 383.34 08/11/2023 EFT PERA Payroll Report 7/23/23 - 8/5/23 60,736.53 08/11/2023 EFT Further H5A Payroll Report 7/23/23 - 8/5/23 15,290.67 08/11/2023 EFT Mission Square Payroll Report 7/23/23 - 8/5/23 4,188.14 08/11/2023 EFT VOYA Payroll Report 7/23/23 - 8/5/23 460.00 08/11/2023 EFT MNDCP Payrolf Report 7/23/23 - 8/5/23 325.00 08/11/2D23 112661 NCPERS Payroll Report 7/23/23 - 8/5/23 192.00 08/11/2023 112662 HART Payroll Report 7/23/23 - 8/5/23 478.51 08/22/2023 112663 ACE HARDWARE - 1315 REPAIR & MAINTSUPPLIES - MULTIPLE DEPTS 564.88 08/22/2023 112664 ACE HARDWARE- 1790 REPAIR & MAI NT SUPPLI ES - FIRE 235.52 08/22/2023 112665 ACE HARDWARE - 1825 LEADER HOSE, DOLLY - POLICE FLAGS - POLICE 54.98 08/22/2023 112666 ALLIED PRODUCTS CORP 65.35 08/22/2023 08/22/2023 112667 112668 ALPHA TRAINING & TACTICS LLC ARMOR, CARRIER, POUCHES - POLICE JULY BOARDING/PROCESSING - POLICE 7,152.48 ANIMAL MEDICAL CENTER ON CROW RIVER 1,609.00 08/72/2023 08/22/2023 112669 112670 ARTISAN BEER COMPANY AUTO-CHLOR SYSTEM COST OF GOODS SOLD - LIQUOR HUTCH 7/25 DISHWASHER SERVICE - SR DIN 541.05 140.54 08/22/2023 112671 B & C PLUMBING & HEATING INC REFUND: DEDUCT METER PERMIT - BLDG 462.50 08/22/2023 112672 BALDWIN SUPPLY COMPANY GRINDER BELT - COMPOST 2,779.51 08/22/2023 112673 BELLBOY CORP COST OF GOODS SOLD - LIQUOR HUTCH 4,388.18 08/22/2023 112674 BENEFIT EXTRAS INC JULY COBRA/RETIREE BILLING 53.00 08/22/2023 112675 BENNY'S MEAT MARKET PATTIES, HOT DOGS - REC 274.75 08/22/2023 112676 BERNICK'S SUPPLIES/COST OF GOODS SOLD- MULTIPLE DEPTS 1,251.11 08/22/2023 112677 BOLTON & MENK INC JULY AIRPORT PROJECTS 8,850.00 08/22/2023 112678 BRANDON TIRE CO TIRE REPAIRS - PARKS 179.48 08/22/2023 112679 BRASS FOUNDRY BREWING CO COST OF GOODS SOLD - LIQUOR HUTCH 479.65 08/22/2023 112680 BRAUN INTERTEC CORP ROBERTS RD THRU 7/21/23 - STREETS 5,299.50 08/22/2023 112681 BREAKTHRU BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 11,663.34 08/22/2023 112682 BRETH-ZENZEN FIRE PROTECTION FIRE SPRINKLER SYSTEM TRAINING - ARENA 125.00 08/22/2023 112683 BRIAN RICK PLUMBING & HEATING TIF: LESA PIERCE - HRA 3,999.98 08/22/2023 112684 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 45,031.04 08/22/2023 112685 CARS ON PATROL SHOP LLC SQUADS OIL CHANGES/INSPEC - POLICE 665.31 08/22/2023 112686 CARTER, RON UB refund for account: 2-470-7240-2-02 34.31 08/22/2D23 112687 CENTER FOR ENERGY & ENVIRONMENT NEW POLICE FACILITY THRU 8/1/23 1,000.00 08/22/2023 112688 CENTRAL HYDRAULICS SS POTATO CONVEYOR PARTS - REFUSE 27.94 08/22/2023 112689 CENTRAL MCGOWAN ACETYLENE, HIGH PRESSURE- MULTIPLE DEPTS 455.81 08/22/2023 112690 CINTAS CORPORATION SUPPLIES & SERVICE - MULTIPLE DEPTS 349.36 08/72/2023 112691 CLARKE ENVIRONMENTAL MOSQUITO MGMT JULY MOSQUITO SERVICE - STREETS 8,930.24 08/22/2023 112692 COLDSPRING ROSE NICHE FRONTS - CEMETERY 335.00 08/22/2023 112693 COMPUTER INTEGRATION TECHNOLOGIES VIDEO SURVEILLANCE PROJECT 32,550.00 08/22/2023 112694 CORE & MAIN LP METERS -WATER 6,619.74 08/22/2023 08/22/2023 112695 112696 CORNER POST EROSION CONTROL SOIL PREP & HYDRO MULCHING - STREETS 517.50 CREEKSME SOILS COFFEE MULCH, DIRT - PARKS 163.00 08/22/2023 112698 CROW RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 1,394.00 08/22/2023 112699 CROWN LIFT TRUCKS FILTERS, OIL -COMPOST 275.62 08/22/2023 112700 DAHLHEIMER BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 62,801.48 08/22/2023 112701 DANCO COMMERCIAL PAINTERS INC PAINT FENCE PANELS - NEW PD 3,500.00 08/22/2023 112702 DARWIN MONUMENT BENCHES -CEMETERY 1,150.00 08/22/2023 112703 DATAWORKS PLUS LLC 9/1/23-8/31/24 MAINT FEE - POLICE 367.92 08/22/2023 112704 DESIGN ELECTRIC INC REPAIR FLAG POLE LIGHT- CC 125.10 08/22/2023 112705 DIRECT PLASTICS CREEKSIDE & WON DERBLEND BAG FILM 33,212.71 08/22/2023 112706 ❑LT SOLUTIONS LLC ANNUAL SUBS RENEWAL -ENG 3,030.40 08/22/2023 112707 E2 ELECTRICA L S ERVI C ES INC AMP, PUMP REPAIRS- MULTIPLE DEPTS 3,785.98 08/22/2023 112708 ECOLAB PEST ELIMINATION 8/12 PEST CONTROL - CREEKSIDE 187.03 08/22/2023 112709 ENDRESS+HAUSER CERABAR- WATER 1,359.03 08/22/2023 112710 ERICKSON ENGINEERING CO LLC JULY BRIDGE REPAIRS- STREETS 16,464.99 08/22/2023 112711 EVERGREEN LAND SERVICES 8/1/22-10/31/22 PRO! MGR SERVICES 4,710.00 08/22/2023 112712 EWERT BROS INC CAMERA INSPECTIONS - WWTP 13,661.80 08/22/2023 112713 FALCON MECHANICAL NEW POLICE FACILITY THRU 8/1/23 PAY #18 8,075.00 08/22/2023 112714 FARM -RITE EQUIPMENT TAX/TI TL E/R EG FOR TRAILER - PARKS 356.38 08/22/2023 112715 FASTENAL COMPANY OPERATING SUPPLIES- MULTIPLE DEPTS 1,075.80 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/9/23 - 8/22/23 Check Date 08/22/2023 Check 112716 Vendor Name FINNLY TECH INC D KE!ptlOn SCHEDULING SOFTWARE -ARENA Amount 2,833.11 08/22/2023 112717 FIRST ADVANTAGE LNS OCC HEALTH 50LU DRUG TESTING 3.44 08/22/2023 112718 FOBBE ELECTRIC NEW POLICE FACILITY THRU 8/1/23 FINAL PYMT 64,617.26 08/22/2023 112719 FORESTEDGE WINERY COST OF GOODS SOLD - LIQUOR HUTCH 132.00 08/22/2023 112720 FORSTNER, JEFF & DENAE UB refund for account: 2-549-8630-8-03 63.35 08/22/2023 112721 FOSTER MECHANICAL BATHROOM REPAIR @ RIVERSONG - PARKS 184.33 08/22/2023 112722 FOTH INFRASTRUCTURE & ENVIRONMENT CASP DESIGN & CONSTTHRU 6/30 - CREEKSIDE 10,003.88 08/22/2023 112723 FURTHER AUGUST 2023 HSA/FSA ADM. FEES 337.40 08/22/2023 112724 FUZE LOGISTICS SERVICES USA INC 7/17 CREEKSIDE FREIGHT 850.00 08/22/2023 112725 GALLS LLC PANTS, NAMETAGS - POLICE 290.80 08/22/2023 112726 GEPHART, BRIAN UB refund for account: 1-575-1150-3-02 35.56 08/22/2023 112727 GIFFERSON, TOM REIMB: SAFETY FOOTWEAR - POLICE 100.00 08/22/2023 112728 GRAINGER REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 997.44 08/22/2623 112729 GREEN EARTH LAWN CARE INC APPLICATION, MOWING - MULTIPLE DEPTS 1,470.28 08/22/2023 112730 HACH COMPANY LAB & ANALYZER REAGENTS - WATER 1,321.65 08/22/2023 08/22/2023 112731 HALQUIST, DAVID HANSEN GRAVEL INC REIMB:JURY DUTY MILEAGE - BLDG INSP GRAVEL, CLEAN-UP, STONE - MULTIPLE DEPTS 17.28 1,903.00 112732 08/72/2023 08/22/2023 112733 112734 HANSON & VASE CONSTRUCTION HAUGEN, WARD CURB REPAIRS - MULTIPLE DEPTS UB refund for account: 3-383-1390-3-03 6,925.OD 7.91 08/22/2023 112735 HAWKINS INC CHEMICALS - MULTIPLE DEPTS 16,066.08 08/22/2023 112736 HEALTHPARTNERS INC AUGUST MEDICAL INSURANCE 122,595.39 08/22/2023 112737 HILLYARD / HUTCHINSON OPERATING SUPPLIES - MULTIPLE DEPTS 560.09 08/22/2023 112738 HIPERLINE MANHOLE LINING - WWTP 98,997.90 08/22/2023 112739 HJERPE CONTRACTING DRAINAGE SYSTEM @ ARENA, SEWER LINE REPAIR 78,037.00 08/22/2023 112740 HOECKE, PAT UB refund for account: 2-615-5350-7-01 71.41 08/22/2023 112741 HOISINGTON KOEGLER GROUP INC JUNE GROWTH AREA PLANNING 1,696.76 08/22/2023 112742 HOLT-PETERSON BUS 9/19 5R TRIP 1,465.00 08/22/2023 112743 HOME CITY ICE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 910.79 08/22/2023 112744 HUTCHFIELD SERVICES AUG SERVICES - HATS 1,485.75 08/22/2023 112745 HUTCHINSON CO-OP JUL FUEL &SERVICES - MULTIPLE DEPTS 10,842.07 08/22/2023 112746 HUTCHINSON HRA MULTIPLE TIF ADMIN FEES 2,900,00 08/22/2023 112747 HUTCHINSON LEADER JUL ADVERTISING -MULTIPLE DEPTS 2,524.90 08/22/2023 112748 HUTCHINSON UTILITIES UTILITIES 7/1 - 8/1-23 80,039.36 08/22/2023 112749 HUTCHINSON WHOLESALE #1550 EQUIPMENT PARTS - MULTIPLE DEPTS 620.90 08/22/2023 112750 HUTCHINSON WHOLESALE #1551 SOCKET SET - COMPOST 99.85 08/22/2D23 112751 IM5-INDUSTRIAL MAINTENANCE SUPPLIES CATCH BASIN REPAIRS - STORM WATER 2,250.00 08/22/2023 112752 JOHNSON BROTHERS LIQUOR CO COST OF GOODS SOLD - LIQUOR HUTCH 25,442.36 08/22/2023 112753 JOHNSON CONTROLS FIRE PROTECTION LP 6/1/23 - 5/31/24 CONTRACT - EV CTR 202.34 08/22/2023 112754 JUUL CONTRACTING CO REPAIR FLOWLI NE, STORM SEWER -STORM WATER 552.50 08/72/2023 112755 K JOHNSON CONSTRUCTION INC NEW POLICE FACILITY THRU 8/1/23 FINAL PYMT 23,861.26 08/22/2023 112756 KAESER COMPRESSORS TWO THERMOSTATS & TEMP SENSOR -WATER 826.16 09/22/2023 112757 KAMPS INC PALLETS - CREEKSIDE REFUND: COACHING - REC 3,120.00 08/22/2023 112758 KATZENMEYER, KATI 195.00 08/22/2023 08/22/2023 112759 KEVITT EXCAVATING LLC KEYSTONE COMPENSATION GROUP ULC NEW POLICE FACILITY THRU_8/1/23 FINAL PYMT WW PLAN OPERATOR JOB DESC REVIEW - WWTP 67,679.29 250.00 112760 08/22/2023 112761 KOHLS SWEEPING SERVICE PILINGCONCRETE&ASPHALT -CREEKSIDE 326.25 08/22/2023 112762 KOZLOWSKI, STEPHEN & CAROL REFUND: FENCE PERMIT - BLDG 60.00 08/22/2023 112763 KRANZ LAWN & POWER BUSHINGS, BOLTS - PARKS 46.44 08/22/2023 112764 L & P SUPPLY CO EQUIPMENT PARTS - MULTIPLE DEPTS 896.67 08/22/2023 112765 LADE, RUTH ANN UB refund for account: 2-960-3820-3-00 38.19 08/22/2023 112766 LAKELAND BROADCASTING JULY ADVERTISING - LIQUOR HUTCH 2O2.50 08/22/2023 112767 LEAGUE OF MN CITIES -INS TRUST CLAIM #113274 SETTLEMENT 8,323.62 08/22/2023 112768 LYNDE & MCLEOD INC JULY YARDWASTE ACTIVITY - COMPOST 245.04 08/22/2023 112769 M-R SIGN TRIMLINE CONES, SIGNS - HATS 4,047.10 08/22/2023 112770 MARCO TECHNOLOGIES LLC JULY SHREDDING, CONTRACTS - MULTIPLE DEPTS 130.99 08/22/2023 112771 MARCO TECHNOLOGIES LLC JULY SHREDDING, CONTRACTS - MULTIPLE DEPTS 262.44 08/22/2023 112772 MASTER CRAFT MECHANICAL REPAIR HOT WATER LEAK - LIQUOR HUTCH 354.00 08/22/2023 112773 MCLEOD COUNTY RECORDER RESOLUTIONS - P/Z 92.00 08/2212023 112774 MDRA ANNUAL MEETING FEE -MV 50.00 08/22/2023 112775 MEI TOTAL ELEVATOR SOLUTIONS AUG/SEP SERVICE - LIBRARY 216.50 08/22/2023 112776 MENARDS HUTCHINSON REPAIR & MAINTSUPPLIES - MULTIPLE DEPTS 1,092.64 08/22/2023 112777 MESERB MEMBERSHIP, CONF - MULTIPLE DEPTS 5,200.00 08/22/2023 112778 MEYER, EMILY REFUND: SCHEDULING MISHAP . PARKS 60.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/9/23 - 8/22/23 Check Date ---------------- 08/2Z/2023 Check ----- - 112779 Vendor Name -------------------------------------------------------- MIDWEST PLAYGROUN❑ CflNTRACTORSINC Description --------------------------------------------------------------- ENG WOOD FIBER: ELKS PARK Amount ----- 2,855.00 08/22/2023 112780 MINI BIFF RENTALS - MISC PARKS 1,366.01 08/22/2023 112781 MINNCOR INDUSTRIES TITLE SERVICES- MV 35.00 08/22/2023 112782 MINNESOTA DARE INC DARE OFFICE TRAINING - POLICE 1,300.00 08/22/2023 112783 MINNESOTA DE PT OF LABOR & INDUSTRY BOILER & PRESSURE VESSEL INSP - MULTIPLE DEPTS 290.00 08/22/2023 112784 MINNESOTA STATE BAR ASSOC 23/24 MEMBERSHIP RENEWAL: M SEBORA - LEGAL 313.00 08/22/2023 112785 MINNESOTA VALLEY TESTING LAB LAB SAMPLE TESTING - MULTIPLE DEPTS 1,852.40 08/22/2023 112786 MIRAN CREEK FURNITURE INC NEW POLICE FACILITY THRU 8/1/23 FINAL PYMT 11,312.25 08/22/2023 112787 MISSOURI RIVER ENERGY SERVICES MISC SCANNING - WWTP 3,166.25 08/22/2023 112788 MOORE, ERIC REIMB: MWOA CON - WWTP 1,146.87 08/22/2023 112789 MORGAN CREEK VINEYARDS COST OF GOODS SOLD - LIQUOR HUTCH 2O1.60 08/22/2023 112790 NELSON MANUFACTURING CO 1200 VALVE COMP, SEAT & O-RING - PARKS 59.30 08/22/2023 112791 NORTH CENTRAL LABORATORIES LAB SUPPLIES - WWTP 377.74 08/22/2D23 112792 NORTH CENTRAL TRUCK & VAN EQUIP 9' RUGBY STEEL DUMP BODY - STREETS 14,926.00 08/22/2023 112793 NORTHERN SAFETY & INDUSTRIAL GLOVES, BREAKER LIGHT - ENG 32.64 08/22/2D23 112794 NORTHERN STATES SUPPLY INC EQUIPMENT PARTS - HATS 293.45 08/22/2023 112795 NORTHWESTERN POWER EQUIP ❑EH UMIDIFIER - WATER 3,729.00 08/72/2023 08/22/2023 112796 112797 NOVACARE REHABILITATION NUVERA EMP TESTING - POLICE AUG PHONE SERVICES- MULTIPLE DEPTS 185.00 8,767.37 08/22/2023 112798 O'REILLY AUTO PARTS HUB ASSEMBLIES - STREETS 101.05 08/22/2023 112799 ODP BUSINESS SOLUTIONS LLC OFFICE SUPPLIES - MULTIPLE DEPTS 98.87 08/22/2023 112800 PAAPE DISTRIBUTING COMPANY NEW POLICE FACILITY THRU 8/1/23 FINAL PYMT 7,806.30 08/22/2023 112801 PAL-SERV PALLETS - CREEKSIDE 2,834.00 08/22/2023 112802 PART{ NICOLLET CLINIC #12850201: AUG 2022 CAM 1,500.00 08/22/2023 112803 PAUSTIS WINE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 4,370.40 08/22/2023 112804 PEAT INC FINE BLACK PEAT - COMPOST 1,232.00 08/22/2023 112805 PEOPLEREADY INC 7/24- 7/30 CREEK5IDE TEMP STAFFING 1,219.60 08/22/2023 112806 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 15,155.00 08/22/2023 112807 PIONEER ATHLETICS/ PIONEER MFG PAINT- PARKS 977.25 08/22/2023 112808 PIONEER LAND LIBRARY SYSTEM 3RD QTR. 2023 FUNDING REQUEST - LIBRARY 47,804.00 08/22/2023 112809 P LU N KETTS PEST CONTRO L 7/26PEST CONTROL -ARENA 114.37 08/22/2023 112810 POSTMASTER SEPT SR NEWSLETTERS - SR CTR 132.00 08/22/2023 112811 POSTMASTER POSTAGE - UBBILLING 1,780.00 08/22/2023 112812 POWER/MATION DIVISION INC EQUIPMENT PARTS - CREEKSIDE 719.71 08/22/2023 112813 PREKKER, CORY UB refund for account: 1-570-5960-8-05 26.75 08/22/2D23 112814 PREMIUM WATERS AUG SERVICE - PARKS 10.00 08/22/2023 112815 PRO AUTO MN INC IT CARAVAN: ALIGNMENT, PARTS, REPAIRS 282.11 08/22/2023 112816 QUALITY NEW & USED PALLETS PALLETS - COMPOST 9,360.00 08/22/2023 112817 QUILLCORP TRASH BAGS, PAPER TOWELS - REC 419.92 08/22/2023 112818 RAHN PAINTING & CONTRACTING LLC NEW POLICE FACILITY THRU 8/1/23 7,800.00 08/22/2023 112819 RANNOW, ARON REFUND: COACHING - REC 165.00 08/22/2023 112820 RATH RACING INC HYDRANT WRENCH - FIRE 308.00 08/22/2023 112821 RED BULL DISTRIBUTION COMPANY INC COST OF GOODS SOLD - LIQUOR HUTCH 246.72 08/22/2023 08/22/2023 112822 112823 REINDERS REINER ENTERPRISES INC SIDE STRIP, STEMS - PARKS 110.80 7/19 - 7/27 CREEKSIDE FREIGHT 848.71 08/22/2023 112824 RICHARD LARSON BUILDERS REFUND: PERMIT- BLDG 61.00 08/22/2023 112825 RUNNING'S SUPPLY REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 204.28 08/22/2023 112826 SANDELL, JOYCE REFUND: CANCELLED CAMPING RE5 - PARKS 170.00 08/22/2023 112827 SCHIMMEL CONSTRUCTION LLC TIF: LOGAN FITZGERALD & LIZ SCHWARTZ 15,000.00 08/22/2023 112828 SCHWECKE, 1DOUGLAS & DIANE UB refund for account: 3-43 6-2650-6-0 1 134.42 08/22/2023 112829 SHAW, KAREN JULY CLASSES - SR CTR 180.00 08/22/2023 112830 SKYVIEW DAIRY INC REFUND: PERMIT- P/Z 546.00 08/22/2023 112831 SNAP -ON INDUSTRIAL SCAN TOOL DATAPLAN RENEWAL- HATS 1,040.53 08/22/2023 112832 SORENSEN'S SALES & RENTALS GENIE LIFT -WATER 59.00 08/22/2023 112833 SOUTHERN WINE & SPIRITS OF MN COST OF GOODS SOLD - LIQUOR HUTCH 23,857.95 08/22/2023 112834 STANDARD PRINTING-N-MAILING POSTAGE, SUPPLIES- MULTIPLE DEPTS 913.10 08/22/2023 112835 STAPLES ADVANTAGE OFFICE SUPPLIES - MULTIPLE DEPTS 693.86 08/22/2023 112836 STRETCH TRUCKING CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 19,150.00 08/2212023 112837 STURGES, ALICIA REFUND: COACHING - REC 225.00 08/22/2023 112838 SUMMIT FIRE PROTECTION FIRE EXTINGUISHERS, PARTS- POLICE 330.00 08/22/2023 112839 SYLVESTER CUSTOM GRINDING INC 7/19 - 7/20 LOG GRINDING - CREEKSIDE 10,151.64 08/22/2023 112840 SYLWESTER, CONNIE REFUND. CANCELLED CAMPSITE - PARKS 360.00 08/22/2023 112841 ISYSCO WESTERN MN lCONCESSION SUPPLIES - WATERPARK 2,5S2.16 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/9/23 - 8/22/23 Check Date ---------- --- 08/22/2023 Check ----- -- 112842 Vendor Name ---------------------------------- TANGENTIAL DEVELOPMENT LLC Description ----------------------------------------______------ UB refund for account: 1-685-7350-2-05 Amount 248.26 08/22/2023 112843 TERMINAL SUPPLY CO EQUIPMENT PARTS - HATS 301.56 08/22/2023 112844 THOMSON REUTERS-WEST JULY SUBSCRIPTION - POLICE 172.93 08/22/2023 112845 TNT PLASTICS INC SPLENDORGRO BAG FILM -COMPOST 59,790.16 08/22/2023 112846 TOWMASTERINC TOOLBOXES -STREETS 1,995.98 08/22/2023 112847 TRI COUNTY WATER JULY BOTTLE WATER DELIVERY - MULTIPLE DEPTS 211.00 08/22/2023 112848 TRF-STATE BOBCAT 2023 BRUSH BANDIT 250XP BRUSH CHIPPER - STREETS 64,625.00 08/22/2023 112849 TRUSTE❑ COACHES ROLE CLAIM - REC 755.00 08/22/2023 112850 ULINE TILK TRUCK - WATERPARK 789.86 08/22/2023 112851 UNITED FARMERS COOP FUEL- HATS 25,842.83 08/22/2023 112852 VERIZON WIRELESS JUN 24-JUL 23 PHONE SERVICES- MULTIPLE DEPTS 6,682.28 08/22/2023 112853 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 2O,418.10 08/22/2023 112854 VIKING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 618.65 08/22/2023 08/22/2023 112855 VIKING SIGNS & GRAPHICS INC SIGNS - MULTIPLE DEPTS WEBSITE SERVICE- MULTIPLE DEPTS 630.00 112856 VIVID IMAGE 755.00 08/22/2023 08/22/2023 112857 WASTE MANAGEMENT OF WI -MN REFUSE TAKEN TO LANDFILL UB refund for account: 1-990-1150-3-00 25,725.37 112858 WEGNER, SUZANNE 41.41 08/72/2023 08/22/2D23 112859 112860 WELCOME NEIGHBOR WENDORFF, ROBERT NEW RESIDENT VISITS - LIQUOR HUTCH UB refund far account: 1-390-0060-0-01 60.00 3.54 08/22/2023 112861 WEST CENTRAL SANITATION INC JULY RESIDENTIAL REFUSE - MULTIPLE DEPTS 56,094.54 08/22/2023 112862 WI LSON'S NU RSE RY I NC TREES - STREETS 350.00 08/22/2023 112863 WINN EXTERIORS LLC TIF: DILLAN PETERSON - HRA 10,000.00 08/22/2023 112864 WITTE, SARA REIMB. SAFETY FOOTWEAR - PARKS 106.19 08/22/2023 112865 WM MUELLER & SONS SAND - STREETS 2,969.49 08/22/2023 112866 ZIP'S DIESEL SERVICE ISTW7 496: STARTER ASSEMBLY - STORM WATER 543.63 Total - Check Register A: $ 1,656,395.13 Department Purchasing Card Activity -July 2023 Date Department Vendor Name Description Amount 7/14/2023 ADMIN MINNESOTA STATE COLLEGES Municipal Clerks Advanced Academy - Melissa 275.00 7/30/2023 ADMIN AMERICINN Hate stay for CGMC Summer Conference 330.58 7/30/2023 ADMIN BURGER KING Lunch on the way home from the CGMC Conference 13.64 7/9/2023 CREEKSIDE SIPS COMMERCE June 2023 SIPS fees; UH & Bomgaars 313.69 7/20/2023 CREEKSIDE IA DE PT OF AGRICULTURE Ja-)-Jun 2023 Fertilizer Tonnage Fee 75.43 7/24/2023 CREEKSIDE MN NURSERY & LANDSCAPE ASSOC 2023-2024 MNLA membership fees 1,134.00 7/2/2023 EDA KAHLER GRAND HOTEL Hotel, EDAM summer conference 360.38 7/6/2023 EDA SURVEYM0NKEY.00M SurveyMonkey subscription for one month 99.00 7/16/2023 EDA ACE HARDWARE - 1315 Rug Doctor Rental / Enterprise Center rug cleaning 77.89 7/20/2023 EDA JIMMYS PIZZA Lunches for Finance Team meeting 90.84 7/27/2023 EDA GOTO GOTOMEETING GOTO Meeting subscription for one month 155.34 7/27/2023 EDA JIMMYJOHNS Lunches for EDA Board meeting (plus 15%tip) 96.06 7/18/2023 FINANCE WM SUPERCENTER City Center - soda for vending machine 46.54 7/31/2023 FINANCE EZBUSINESS FEE Credit Card Service Fee 15.00 7/9/2023 7/12/2023 FIRE FIRE STANDARD PRINTING-N-MAILING New city maps for all vehicles 12.50 BREEZY POINT RESORT Rooms for annual MSFDA conf.-school at Breezy point 192.20 7/12/2023 7/12/2023 FIRE BREEZY POINT RESORT Rooms for annual MSFDA conf: school at Breezy point Rooms for annual MSFDA conf.-school at Breezy point 192.20 192.20 FIRE BREEZY POINT RESORT 7/16/2023 7/23/2023 FIRE FIRE DUNHAMS CASH WISE FOODS Uniform duty boots - Kyle Baysinger Cases of drinking water 99.99 21.46 7/26/2023 FIRE FIRE HOSE DIRECT Hydrant and hoseline adapters 1/2 city and 1/2 rural 892.50 7/26/2023 FIRE FIRE HOSE DIRECT Hydrant and hoseline adapters 1/2 city and 1/2 rural 892.50 7/29/2023 FIRE FIREPENNY Highrise pack bundle straps 560.76 7/7/2023 IT AMAZON Privacy screen 159.98 7/7/2023 IT WEB NETWORKSOLUTIONS URLfor EDA 240.36 7/19/2023 IT AMAZON Mini POE switch 34.49 7/21/2023 IT AMAZON Security screws for holding cell intercoms 49.96 7/25/2023 IT AMAZON Triange drive sockets for new camera cabinets 31.43 7/28/2023 IT MENARDS HUTCHINSON Torx screw drivers 6.46 7/29/2023 IT SOLARWiNDS Remote support software 249.00 7/2/2023 LIQUOR HUTCH FACEBOOK FB advertising 107.10 7/12/2023 LIQUOR HUTCH AMAZON Misc cleaning supplies 417.29 7/12/2023 LIQUOR HUTCH AMAZON Toilettissue 110.64 7/14/2023 LIQUOR HUTCH MENARDS HUTCHINSON Paper towels 32.34 7/16/2023 LIQUOR HUTCH RITE INC Monthly software support fees 273.81 7/20/2023 LIQUOR HUTCH HOP WTR FAI RE Requested product for resale 80.00 7/28/2023 LIQUOR HUTCH CONSTANTCONTACT.COM Email blast advertising 81.00 7/2/2023 PARK &REC AMAZON Money Safe for Roberts Concessions 119.82 7/2/2023 PARK & REC AMAZON Digital Kitchen Timers 11.99 7/2/2023 PARK & REC AMAZON Office Chair Wheels 24.95 7/2/2023 PARK & REC GREEN LAKE CRUI5E5 LLC Senior Trips - Green Lake Cruises 72&15 7/2/2023 PART{ & REC AMAZON Concession Equipment - Baking Sheet for Pizzas 28.01 7/3/2023 PARK & REC AMAZON Plastic Spray Bottles 13.97 7/3/2023 PARK & REC AMAZON Concessions Supplies 162.76 7/6/2023 7/6/2023 PART{ & REC PARK & REC THE WEBSTAU RANT STORE WAL-MART Hot Dog_ Roller_ Machine 249.99 90.18 Concessions Supplies 7/7/2023 PARK & REC CROWN AWARDS INC Plates forTraphies 37.29 7/7/2023 PARK & REC WM SUPERCENTER Concessions Supplies 72.77 7/9/2023 PARK & REC WM SUPERCENTER Spoons for Concessions 17.82 7/10/2023 PARK & REC AMAZON Cleaning Cloths for Concessions 30.95 7/10/2023 PARK & REC AMAZON Pens, File Folder Holder 31.85 7/11/2023 PARK & REC WHENIWORK.COM Employee Scheduling Software 112.00 7/12/2023 PARK & REC WAL-MART Cleaning Cloths for Concessions 39.96 7/13/2023 PARK & REC AMAZON Cash Register Drawer, Lacking Key Cabinet for Concessions 70.35 7/16/2023 PARK & REC AMAZON Concessions Supplies 158.60 7/16/2023 PARK & REC WAL-MART Concessions Supplies 158.92 7/18/2023 PARK & REC AMAZON Concessions Supplies 237.90 7/18/2023 PARK & REC AMAZON Printer paper, packaging tape, sticky notes, Iamintating pouches 214.91 7/18/2023 PARK & REC AMAZON Cleaning Cloths for Concessions 30.95 7/19/2023 PARK & REC WM SUPERCENTER Concessions Supplies 71.24 7/19/2023 PARK & REC AMAZON Concessions Supplies 70.95 7/19/2023 PART{ & REC DURACARD/PLASTIC RESOURCE Key Tags for the Aquatic Center 440.00 7/19/2023 PARK & REC AMAZON Screen Protector, Jumbo Tip Marker 32.97 7/20/20231 PARK & REC AMAZON Hanging Strips, Cable Ties, Power Strip, Under Desk Tray 60.83 Department Purchasing Card Activity -July 2023 Date Department Vendor Name Description Amount 7/21/2023 PARK & REC RAINEDOUT Text Communication for Recreation Activities 10.00 7/23/2023 PARK & REC GOLDMEDAL MINNEAPOLIS LLC Pretzel Warmer 1,065.95 7/23/2023 PARK & REC WAL-MART Concessions Supplies 60.35 7/23/2023 PARK & REC AMAZON Concessions Supplies 96.37 7/25/2023 PARK & REC AMAZON Concessions Supplies 70.77 7/28/2023 PARK & REC AMAZON Concessions Supplies 205.86 7/29/2023 PARK & REC RAINEDOUT Text Communication for Recreation Activities 10.00 7/30/2023 PARK & REC WM SUPERCENTER Concessions Supplies 236.89 7/30/2023 PARK & REC WM SUPERCENTER Concessions Supplies 116.54 7/30/2023 PARK & REC RUNNING'S SUPPLY Valve Stems, 4 Ply Sawtooth 26.30 7/31/2023 PARK & REC CASH WISE FOODS Seasoned Salt 3.99 7/29/2023 PLANNING DEPARTMENT OF LABOR & INDUSTRY Class registration 45.00 7/28/2023 PLANNING DEPARTMENT OF LABOR & INDUSTRY Class registration 45.00 7/13/2023 POLICE AMAZON Evidence Boxes 128.40 7/13/2023 7/13/2023 POLICE AMAZON Mouse pad and magnets Garbage cart 15A8 591.99 POLICE AMAZON 7/14/2023 7/19/2023 POLICE POLICE AMAZON AMAZON Cleaning supplies 50.35 221.67 Move -in supplies 7/2D/2023 7/20/2023 POLICE POLICE AMAZON AMAZON Move -in supplies Batteries 594.70 28.25 7/21/2023 POLICE AMAZON Envelopes 82.61 7/21/2023 POLICE AMAZON Labels 32.99 7/21/2023 POLICE AMAZON Markers 35.95 7/24/2023 POLICE AMAZON Towels 27.98 7/24/2023 POLICE AMAZON Silverware holder 31.75 7/24/2023 POLICE AMAZON Scissors 8.59 7/30/2023 POLICE AMAZON Disinfectant 14.97 7/31/2023 POLICE AMAZON Easel 17.59 7/31/2023 POLICE AMAZON Paper cutter / acoustic panels 161.89 7/7/2023 PUBLIC WORKS CUSTOMER ELATION Monthly Dispatch Services- Total $299 144.50 7/7/2023 PUBLIC WORKS CUSTOMER ELATION Monthly Dispatch Services 144.50 7/13/2023 PUBLIC WORKS NORTHERN TOOL Wind Deflectors for Service Truck 89.98 7/16/2023 PUBLIC WORKS EBAY Proximity Sensor 106.00 7/16/2023 PUBLIC WORKS EBAY LOTO Key Tags 99.75 7/17/2023 PUBLIC WORKS AMAZON Metal Alphabet & Number Stamp Kit w/ Case 29.98 7/18/2023 PUBLIC WORKS AMAZON Cooling Fans for VFD 45.00 7/20/2023 PUBLIC WORKS SAFEBASEMENTS OF MN INC Mudjacking 180.00 7/23/2023 PUBLIC WORKS MENARDS HUTCHINSON Larger Fall Protection Safety Harnesses 260.93 7/23/2023 PUBLIC WORKS F;RE HOSE DIRECT Firehose SpIitter w/ Valves 689.86 7/25/2023 PUBLIC WORKS DEALER AUTOMOTIVE SERVICE Running Boards for New Truck 564.50 7/27/2023 PUBLIC WORKS MWOA Reg Fee for MWOA Annual Conference 285.00 7/30/2023 PUBLIC WORKS TIMBERLAKE LODGE 4 Nights Lodging MWOA Annual Conference 663.80 7/30/2023 7/30/20231 PUBLIC WORKS NEOTRFKS NEOTREKS Tablet Device Protection Plan and Subscription 108.00 PUBLIC WORKS Protection Plan and Subscription - Total $420 312.00 Total P-Cards: 1 1 $19,095.62 _ CHECK REGISTER B FOR CITY OF 14UTCHINSON CHECK DATE FROM 8/9/23 - 8/22/29 Check Date --------- 08/22/2023 Vendor Name ----------------------------------------------- CROW RIVER SIGNS Description ----------------------------------- —----- ------------------- BUSINESS CARDS & VEHICLE MAGNETS Amount ---------- 158.0D Check 112597 Total - Check Register B: $ 158.06 FBI HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Discussion on regulating Cannabis in Relation to current City Ordinances dealing Agenda Item: with Tobacco and Smoking Department: Administration LICENSE SECTION Meeting Date: 5/22/2023 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑� Communications, Requests Time Requested (Minutes): 15 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENDA ITEM: Based off of our conversation at the last council meeting regarding cannabis, city staff pulled all of the city ordinances together that are in relation to tobacco and/or smoking. Attached are two documents: one is the entire chapter of the city code pertaining to Tobacco Regulations (Chapter 113). When it comes to putting cannabis regulation into City coder this entire chapter will need to be reviewedlanalyzed to determine changes/ additions. I would also note that there are two sets of definitions within this chapter as well. The other document is a listing of all other chapters within the city code that reference either tobacco or smoking_ The other probably most important code is 95.08 which deals with smoking and tobacco use in some of our parks. Please take a look at what is currently in place in regards to smoking and tobacco and come with some thoughts on how, andlor if, you want to incorporate cannabis into city code noting our limitations from the State. Once again, when it comes to cannabis, the State has limited our ability to regulate it to the following_ -- Where in public it can be consumed -- The time, place, and manner of operations of businesses - How many businesses (licenses) we are going to allow into town -- Local fees for licenses -- Whether or not we are going to get into the business ourselves -- Whether or not we are going to put a moratorium in place until January of 2025 Staff will continue to review our city code and will have some suggestions on potential changes to our city code hopefully by our next council meeting. Please let me know if you need anything else. BOARD ACTION REQUESTED, No action at this time. Discussion only Fiscal Impact: Funding Source: FTE Impact: Budget Change: No 0 Included in current budget: No PROJECT SECTION: Total Project Cost, Total City Cost: Funding Source: N/A Remaining Cost: $ D.0Q Funding Source: NIA DISCUSSION OANNABIS REGULATION WI!ATHE CITY OF HUTCHIISON August 22, 2023 WHAT IS CURRENTLY LEGAL? Effective August 1, 2023 Possession — It is currently legal to possess the following: • 2 ounces of cannabis flower • 8 grams of concentrate • 800 mg of edible products • 2 pounds of flower in a private residence • In a vehicle trunk or area not normally occupied by driver if opened A CITY ON PURPOSE. HUTCHINSON WHAT IS CURRENTLY LEGAL? Possession Restrictions — • Public school or charter schools and school buses • State correctional facilities • On federal property • If under 21 years old • In vehicle if open and not in trunk STATE LAW DOES NOT GIVE CITIES POSSESSION AUTHORITY A CITY ON PURPOSE, HUTCHINSON WHAT IS CURRENTLY LEGAL? Use of Cannabis — The law specifically authorizes an individual 21 years of age or older to use adult - use cannabis flower and products in: • Private residence, including yard • Private property, unless owner prohibits. This would include apartments • Events licensed to permit on -site consumption (city cannot prohibit but can set standards) STATE LAW DOES NOT GIVE CITIES THE AUTHORITY TO REGULATE THESE AREAS A CITY 14 ON PURPOSE. HUTCHINSON WHAT IS CURRENTLY LEGAL? Prohibitions on Use of Cannabis — • Where prohibited by the clean indoor air act • While operating motor vehicles • Public or charter schools and school buses • State correctional facilities • In a location where the smoke or vapor may be inhaled by a minor • On federal property • If under 21 years of age CITIES DO HAVE THE OPTION TO REGULATE USE IN A ""PUBLIC PLACE" A CITY ON PURPOSE. HUTCHINSON WHAT IS CURRENTLY LEGAL? It is currently legal to grow cannabis — • Up to 8 plants (4 mature) • Only be grown in an enclosed locked space that is not open to public view It is currently legal to sell: • Medical cannabis • Edibles • All others need to wait for the Office of Cannabis Management to begin licensing A CITY 14 ON PURPOSE. HUTCHINSON SO WHAT CAN THE CITY DO? There are 7 things the City can do: 1. Put a moratorium in place on retailers 2. Adopt (or update) a City Use Ordinance 3. Regulate where cannabis businesses can go and the type of restrictions 4. Regulate how many businesses can come into town 5. Temporary regulate edibles 6. Explore options for Municipal Cannabis 7. Establish fees for licenses A CITY ON PURPOSE. HUTCHINSON SO WHAT CAN THE CITY DO? Option #1— Put a moratorium in place on retailers • Cities may adopt a moratorium on cannabis businesses until 2025 — would be an ordinance • The moratorium would prohibit establishing cannabis retailers so the City can study the issue • Might not be needed since the State is not issuing licenses yet A CITY ON PURPOSE. HUTCHINSON SO WHAT CAN THE CITY DOS Option #2 — Adopt (or update) a City Use Ordinance • Cities can adopt an ordinance prohibiting cannabis in a public place if the definition of a ""public place" does not include the following: • Private residence, including a person's curtilage or yard • Private property not generally accessible by the public, unless prohibited by the owner (apartments) • Licensed on -site consumption • The City's current ordinance doesn't do this with tobacco or alcohol, outside of a few select areas • If we regulate it, will it be just smoking or edibles too? • And what areas? • Parks, City Property, Trails, Streets, Sidewalks, Places where outdoor smoking is otherwise allowed • What about enforcement? A CITY u ON PURPOSE. HUTCHINSON SO WHAT CAN THE CITY DO' Option #3 — Regulate where cannabis businesses can go and the type of restrictions • Do we want to think about where to allow cannabis businesses (retailers, manufacturers, growers) through zoning? • What types of restrictions? CUP or allowed use? • We currently do not do anything specific when it comes to tobacco or alcohol A CITY ON PURPOSE. HUTCHINSON SO WHAT CAN THE CITY DOS Option #4 — Regulate how many businesses can come into town • A city may limit the number of licensed cannabis retailers to no fewer than one registration for every 12,500 residents (Hutchinson would be 1) • If a county has one active registration for every 12,500 residents, a city within the county is not obligated to register any additional cannabis businesses • Amount of state funds the City receives will depend on the number of licenses within the City • We do not do this with tobacco or alcohol A CITY ON PURPOSE. HUTCHINSON SO WHAT CAN THE CITY DO? Option #5 — Temporary Regulate Edibles • Edibles became law last year • The City made the decision not to license edibles • Are we still comfortable with that or do we want to start licensing? We can continue to do nothing • Liquor Hutch is currently selling (edibles include beverages that are infused with it — delta-8 and delta-9) A CITY ON PURPOSE. HUTCHINSON SO WHAT CAN THE CITY DO? Option #6 — Explore options for Municipal Cannabis • The new law authorizes cities to sell cannabis • Still need more guidance from the State on what this means • The league is analyzing insurance and liability issues (currently not legal federally) • Could be a reason for a moratorium A CITY ON PURPOSE. HUTCHINSON SO WHAT CAN THE CITY DOS Option #7 — Establish Fees for Licensing • Once the State starts licensing businesses, they will have to register with the City • City will also be responsible for conducting compliance checks • City can impose an initial retail fee of $500 or up to 1/2 the amount of the initial license fee charged by the State, whichever is less • Renewal fees can be $1,000 or up to 1/2 the amount of the renewal fee charged by the State, whichever is less • Can permit on -site consumption for events, but are not required • 2024 Fee Schedule? A CITY ON PURPOSE. HUTCHINSON SO WHAT CAN THE CITY DO? There are 7 things the City can do: 1. Put a moratorium in place on retailers 2. Adopt (or update) a City Use Ordinance 3. Regulate where cannabis businesses can go and the type of restrictions 4. Regulate how many businesses can come into town 5. Temporary regulate edibles 6. Explore options for Municipal Cannabis 7. Establish fees for licenses A CITY ON PURPOSE. HUTCHINSON NEXT STEPS REVIEW OF CURRENT ORDINANCES QUESTIONS? A CITY ON PURPOSE, HUTCHINSON Section Hutchinson, MN Code of Ordinances CHAPTER 1 13: TOBACCO REGULATIONS General Provisions 113.01 Purpose 113.02 Definitions and interpretations 113.03 License 113.04 Fees 113.05 Grounds for denial 113.06 Prohibited sales 113.07 Vending machine sales prohibited 113.08 Self-service sales prohibited 113.09 Licensee responsibility 113.10 Compliance checks and inspections 113.11 Unlawful acts; minors 113.12 Violation; procedures 113.13 Exceptions; defenses Smoke -Free Workplace Regulations 113.25 Findings of fact and purpose 113.2E Definitions 113.27 Prohibitions 113.28 Responsibilities of proprietors and other persons in charge 113.29 Private prohibitions 113.30 Retaliation prohibited 113.31 Employees rights preserved 113.32 Other laws 113.33 Violations 113.99 Penalty GENERAL PROVISIONS American Legal Publishing Corporation Hutchinson, MN Code of Ordinances § 113.01 PURPOSE. The city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco -related devices and these sales, possessions and use are violations of both state and federal laws; and because studies have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking, and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this chapter shall be intended to regulate the sale, possession and use of tobacco, tobacco products and tobacco -related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products and tobacco -related devices and to further the official public policy of the state in regard to preventing young people from starting to smoke. (2004 Code, § 113.01) (Ord. 98-220, passed 4-14-1998) § 113.02 DEFINITIONS AND INTERPRETATIONS. (A) Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice versa. (B) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco -related devices are following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve the use of minors as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of minors who attempt to purchase tobacco, tobacco products or tobacco -related devices for educational, research and training purposes as authorized by state and federal laws. COMPLIANCE CHECKS may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products and tobacco -related devices. American Legal Publishing Corporation 2 Hutchinson, MN Code of Ordinances INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. INDIVIDUALLY WRAPPED tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container, as described in this division (B), shall not be considered INDIVIDUALLY PACKAGED. LOOSIES. The common term used to refer to a single or individually packaged cigarette. MAY. The act referred to is permissive. MINOR. Any natural person who has not yet reached the age of 18 years. MOVABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions. RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products or tobacco -related devices are available for sale to the general public. RETAIL ESTABLISHMENTS shall include, but not be limited to, grocery stores, convenience stores, restaurants, bars and liquor outlets. SALE. Any transfer of goods for money, trade, barter or other consideration. SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco products or tobacco -related devices in any manner where any person may have access to the tobacco, tobacco products or tobacco -related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product or tobacco -related device between the customer and the licensee or employee. SELF-SERVICE MERCHANDISING shall not include vending machines. SHALL. The act referred to is mandatory. TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready -rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in a manner so as to be American Legal Publishing Corporation 3 Hutchinson, MN Code of Ordinances suitable for chewing, sniffing or smoking. TOBACCO -RELATED DEVICES. Any tobacco product as well as a pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products. VENDING MACHINE. Any mechanical, electric or electronic or other type of device which dispenses tobacco, tobacco products or tobacco -related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco -related device. (2004 Code, § 113.02) (Ord. 98-220, passed 4-14-1998) § 113.03 LICENSE. (A) Prohibition. No person shall sell or offer to sell any tobacco, tobacco products or tobacco -related device without first having obtained a license to do so from the city. (B) Application. An application for a license to sell tobacco, tobacco products or tobacco -related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought and any additional information the city deems necessary. Upon receipt of a completed application, the city shall determine whether the applicant is eligible for a license and then forward the application to the City Council for action at its next regularly scheduled Council meeting. If the city shall determine that an application is incomplete, it shall return the application to the applicant with notice of the information necessary to make the application complete. (C) Action. The City Council may either approve or deny the license or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the city shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. (D) Term. The term of all licenses issued hereunder shall be from January 1 to the following December 31 or any part thereof. (E) Revocation or suspension. Any license issued under this subchapter may be revoked or suspended as provided in §§ 113.12 and 113.99 of this chapter. American Legal Publishing Corporation 4 Hutchinson, MN Code of Ordinances (F) Transfers. All licenses issued under this subchapter shall be valid only on the premises for which the license was issued and ❑nly for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. (G) Moveable place of business. No license shall be issued to a movable place of business. Only a fixed location business shall be eligible to be licensed under this subchapter. (H) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (1) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 20 days, but no more than 60 days, before the expiration of the current license. The issuance of a license issued under this subchapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (2004 Code, § 11103) (Ord. 98-220, passed 4-14-1998) § 113.04 FEES. No license shall be issued under this subchapter until the appropriate license fee shall be paid in full as specified by ordinance as adopted by the City Council. (2004 Code, § 11104) (Ord. 98-220, passed 4-14-1998) § 113.05 GROUNDS FOR DENIAL. (A) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section. (B) The following shall be grounds for denying the issuance or renewal of a license under this subchapter; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license- (1) The applicant is under the age of 18 years; American Legal Publishing Corporation 5 Hutchinson, MN Code of Ordinances (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 revolted within the preceding 12 months of the date of application, (4) The applicant fails to provide any information required an 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. (2004 Code, § 113.05) (Ord. 98-220, passed 4-14-1998) § 113.06 PROHIBITED SALES. It shall be a violation of this subchapter for any person to sell or offer to sell any tobacco, tobacco product or tobacco -related device: (A) To any person under the age of 18 years; (B) By means of any type of vending machine, except as may otherwise be provided in this subchapter; (C) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product or tobacco -related device and whereby there is not a physical exchange of the tobacco, tobacco product or tobacco -related device between the licensee or the licensee's employee and the customer. Self-service sales are permitted within an enclosed area where persons under the age of 18 years of age are not permitted to enter and the enclosed area is under the continuous supervision of an employee of the licensed premises. All sales must occur within the enclosed area and access to the enclosed area must be by way of a fully functioning door acting as an entry or exit to the enclosed area; (D) By means of loosies, as defined in § 113.02 of this chapter; (E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process, and/or American Legal Publishing Corporation 6 Hutchinson, MN Code of Ordinances (F) By any other means, to any other person or in any other manner or form prohibited by federal, state or local law, ordinance provision or other regulation. (2004 Code, § 113.06) (Ord. 98-220, passed 4-14-1998) Penalty, see § 113.99 § 113.07 VENDING MACHINE SALES PROHIBITED. It shall be unlawful for a person licensed under this subchapter to allow the sale of tobacco, tobacco products or tobacco -related devices by the means of a vending machine. (2004 Code, § 113.07) (Ord. 98-220, passed 4-14-1998) Penalty, see § 113.99 § 113.08 SELF-SERVICE SALES PROHIBITED. It shall be unlawful for a licensee under this subchapter to allow the sale of tobacco, tobacco products or tobacco -related devices by any means whereby the customer may have access to these items without having to request the item from the licensee or the licensee's employee and whereby there is not physical exchange of the tobacco, tobacco product or tobacco -related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products and tobacco -related devices shall be stored behind a counter or other area not accessible to customers. (2004 Code, § 113.08) (Ord. 98-220, passed 4-14-1998) Penalty, see § 113.99 § 113.09 LICENSEE RESPONSIBILITY. All licensees under this subchapter shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco -related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this chapter shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this subchapter, state or federal law or other applicable law or regulation. (2004 Code, § 113.09) (Ord. 98-220, passed 4-14-1998) American Legal Publishing Corporation 7 Hutchinson, MN Code of Ordinances § 113.10 COMPLIANCE CHECKS AND INSPECTIONS. (A) All licensed premises shall be open to inspection by the local law enforcement agencies or other authorized city official during business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15, but less than 18, years, to enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco -related devices. Minors used for the purposes of compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products or tobacco -related devices, when these items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for education, research or training purposes or required for the enforcement of a particular state or federal law. (B) Conducting compliance checks shall be the responsibility of the city or county officials, where appropriate. For all compliance checks, the supervising adult shall be a licensed peace officer. All minor participants shall receive training prior to engaging in compliance check activities. Transportation shall be provided by the supervising adult or other adult employee of the city as designated by the Police Department. Participating minors shall be considered "volunteers" subject to receipt of a per diem payment in an amount established for other city boards and commissions. (2004 Code, § 113.10) (Ord_ 98-220, passed 4-14-1998) § 113.11 UNLAWFUL ACTS; MINORS. Unless otherwise provided, the following acts shall be a violation of this subchapter. (A) Illegal sales. It shall be a violation of this subchapter for any person to sell, give or otherwise provide any tobacco, tobacco product or tobacco -related device to any minor. (B) Illegal possession. It shall be a violation of this subchapter for any minor to have in his or her possession any tobacco, tobacco product or tobacco -related device. American Legal Publishing Corporation 8 Hutchinson, MN Code of Ordinances This division (B) shall not apply to minors lawfully involved in a compliance check. (C) Illegal use. It shall be a violation of this subchapter for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco -related device. (D) Illegal procurement. It shall be a violation of this subchapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco -related device and it shall be a violation of this subchapter for any person to purchase or otherwise obtain these items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco -related device. This division (D) shall not apply to minors lawfully involved in a compliance check. (E) Use of false identification. It shall be a violation of this subchapter for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. (2004 Code, § 113.11) (Ord. 98-229, passed 4-14-1998) Penalty, see § 113.99 § 113.12 VIOLATION; PROCEDURES. (A) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. (B) Hearing. If a person accused of violating this subchapter so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. (C) Hearing officer or panel. The City Attorney's office or its designee is hereby appointed as the hearing officer. (D) Decision. If the hearing officer determines that a violation of this subchapter did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under § 113.99 of this chapter, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, these findings shall be recorded and a copy provided to the acquitted accused violator. American Legal Publishing Corporation 9 Hutchinson, MN Code of Ordinances (E) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court having jurisdiction of the city. (F) Prosecution as a misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this subchapter_ If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. (G) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (2004 Code, § 113.12) (Ord. 98-220, passed 4-14-1998) Penalty, see § 113.99 § 113.13 EXCEPTIONS; DEFENSES. Nothing in this subchapter shall prevent the providing of tobacco, tobacco products or tobacco -related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this subchapter for a person to have reasonably relied on proof of age as described by state law. (2004 Code, § 113.13) (Ord. 98-220, passed 4-14-1998) SMOKE -FREE WORKPLACE REGULATIONS § 113.25 FINDINGS OF FACT AND PURPOSE. (A) The City Council finds that- (1) Tobacco smoke is a leading cause of disease in non-smokers and a major source of indoor air pollution. Secondhand smoke causes premature death and disease in children and in adults. Secondhand smoke causes heart disease, lung cancer, respiratory infections, decreased respiratory function and other health problems; (2) In a 2006 report of the United States Surgeon General, U.S. Surgeon General Carmona concluded that "exposure to secondhand smoke remains an alarming public health hazard" and that "more than 126 million non-smokers are still exposed"; American Legal Publishing Corporation 10 Hutchinson, MN Code of Ordinances (3) Numerous nationally recognized medical and scientific authorities, including the American Medical Association, the U.S. Surgeon General, the National Institute on Occupational Safety and Health, the National Cancer Institute, the Environmental Protection Agency, the National Academy of Sciences, the National Toxicology Program and the World Health Organization, have issued reports and health advisories addressing the adverse effects of exposure to secondhand smoke; (4) It is estimated between 24,300 and 71,900 low birth weight or pre -term deliveries, about 202,300 episodes of childhood asthma (new cases and exacerbations), between 150,000 and 300,000 cases of lower respiratory illness in children, and about 789,700 cases of middle ear infections in children occur in the United States each year as a result of exposure to secondhand smoke; (5) It is estimated that in the United States secondhand smoke causes about 4 6, 000 (a range of 22,700 to 69,600) deaths per year from cardiac -related illnesses (including 700 to 1,240 deaths among Minnesotans) and 3,400 deaths per year from lung cancer, (6) There is no known safe level of exposure to secondhand smoke; neither the separation of smokers and non-smokers nor the introduction of new ventilation systems can eliminate the health hazards caused by secondhand smoke. The scientific evidence indicates that there is no risk -free level of exposure to secondhand smoke. Eliminating smoking in indoor spaces protects non-smokers from exposure to secondhand smoke. Separating smokers from non-smokers, cleaning the air or ventilating buildings cannot eliminate exposure of non-smokers to secondhand smoke. The only means of effectively eliminating health risks associated with indoor exposure is to prohibit smoking; (7) Objective evidence does not support fears that restricting smoking in enclosed, indoor areas will harm a community's economy. On the contrary, many independent economic studies have shown that the elimination of smoking has no material economic impact on a community. These studies have drawn from the experience of hundreds of communities that successfully eliminated smoking in workplaces and public places. Numerous U.S. cities, counties and states and many nations have adopted laws ending all smoking in bars, restaurants and other public places; (8) Business owners have no legal or constitutional right to expose their employees and customers to airborne toxins, such as those found in secondhand smoke. On the contrary, employers have a common law duty to provide workers with a workplace that is not unreasonably dangerous; (9) Restricting smoke in public places and places of work can help to American Legal Publishing Corporation 11 Hutchinson, MN Code of Ordinances model smoke -free behavior and to reduce youth exposure to secondhand smoke; and (10) Public health policies, ordinances and other laws are part of the system by which people learn behaviors, guide youth, reduce health threats and reinforce community norms that support the public's health. (B) Accordingly, the City Council finds and declares that the purpose of this subchapter is to: (1) Protect vulnerable populations, including employees, children, the elderly and those with chronic health conditions; (2) Affirm that the right to breathe has priority over the desire to smoke, and (3) Protect the public health, welfare and safety by better ensuring the ability of citizens to breathe safe and uncontaminated air. (2004 Code, § 113.20) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007) § 113.26 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FOOD ESTABLISHMENT. Any establishment, however designated, engaged in the preparation or serving of food or beverages for consumption either on or off the premises, or anywhere consumption of food occurs on the premises. This term includes any establishment, however designated, that has an an -sale 3.2% malt liquor license, an on -sale intoxicating liquor license, an on -sale wine license and/or a strong beer liquor license issued by the state, the municipality within which it is located, or the county. OTHER PERSON IN CHARGE. The agent of the proprietor authorized to provide administrative direction to, and general supervision of, the activities within a public place or place of work at any given time. PLACE OF WORK. Any enclosed, indoor location at which two or more individuals perform any type of a service for consideration of payment under any type of employment relationship including, but not limited to, an employment relationship with or for a private corporation, partnership, individual or government agency. This term includes any location where two or more individuals gratuitously perform services for American Legal Publishing Corporation 12 Hutchinson, MN Code of Ordinances which individuals are ordinarily paid. Examples of a PLACE OF WORK include, but are not limited to, enclosed, indoor areas of an office, a factory, a hotel or motel (except rented sleeping rooms), a vehicle, a warehouse and other locations where services are performed under an employment relationship. Enclosed, indoor areas of a private club and rooms used for private meetings or social functions are PLACES OF WORK if two or more persons acting under an employment relationship provide cleaning, catering, food or beverage service, maintenance or other support services in such locations. PROPRIETOR. The party who ultimately controls, governs or directs the activities within the public place or place of work, regardless of whether the party is owner or lessee of the public place or place of work. PROPRIETOR may apply to a corporation as well as an individual. PUBLIC PLACE. Any enclosed, indoor area used by the general public or serving as a place of work including, but not limited to, arenas, auditoriums, bars, bowling alleys, bingo halls, commercial establishments, educational facilities other than public schools, as defined in M.S. § 120A.05, Subd. 9, 11 and 13, as they may be amended from time to time, hospitals, offices and other commercial establishments, pool halls, public conveyances, restaurants, retail stores and common areas of rental apartment buildings. PUBLIC PLACE also means the outdoor dining or bar area of food establishments. SMOKING. The inhaling, exhaling or combustion of any tobacco product, weed, plant or any other similar article, including any cigar, cigarette, pipe or any other similar article. SMOKING includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted, smoking equipment. SMOKING does not include the use of tobacco by an enrolled member of a federally -recognized Indian tribe as part of a traditional Indian spiritual or cultural ceremony. (2004 Code, § 113.21) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007) § 113.27 PROHIBITIONS. (A) Except as provided in division (B) below, smoking is prohibited in the following locations- (1) Public places and places of work, including outdoor dining or bar area of food establishments, (2) Within 15 feet of entrances, exits, open windows and ventilation intakes of public places and places of work; and American Legal Publishing Corporation 13 Hutchinson, MN Code of Ordinances (3) Within 15 feet of any outdoor dining or bar areas of food establishments. (B) The prohibitions of this section do not apply to the following places or situations- (1) Private residences, (2) Motor vehicles in private use; (3) Motor vehicles that serve as a place of work for no more than one employee; (4) Outdoor areas, except as provided in division (A) above; (5) The use of tobacco by an enrolled member of a federally -recognized Indian tribe as part of a traditional Indian spiritual or cultural ceremony; and (6) A hotel or motel sleeping room rented to one or more guests. (2004 Code, § 113.22) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007) § 113.28 RESPONSIBILITIES OF PROPRIETORS AND OTHER PERSONS IN CHARGE. The proprietor or other person in charge of a public place or place of work where smoking is prohibited shall: (A) Post "N❑ Smoking" signs that comply with the Minnesota Clean Air Act Rules, Minn. Rules part 4620.0500, as amended from time to time; (B) Ensure that ashtrays, lighters, matchbooks or other smoking paraphernalia are not provided in areas where smoking is prohibited; (C) Place any receptacles for the deposit of extinguished cigarettes, cigars, pipe tobacco and other smoking materials more than 15 feet from entrances, exits, open windows and ventilation intakes of public places and places of work; and (D) Ask any person who smokes in any area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, ask the person to leave. If the offending party refuses to leave, the proprietor or other person in charge shall handle the situation consistent with lawful methods for handling other persons acting in a disorderly manner or as a trespasser. Appropriate American Legal Publishing Corporation 14 Hutchinson, MN Code of Ordinances action shall include calling the Police Department for assistance. (2004 Code, § 113.23) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007) § 113.29 PRIVATE PROHIBITIONS. Nothing in this subchapter prevents the proprietor or other person in charge of any place, including, without limitation, any residence, motor vehicle or outdoor space, from prohibiting smoking in any such place. (2004 Code, § 113.24) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007) § 113.30 RETALIATION PROHIBITED. No person or employer shall discharge, refuse to hire, penalize, discriminate against or in any manner retaliate against any employee, applicant for employment, or customer because the employee, applicant or customer exercises any right to a smoke -free environment afforded by this subchapter or other law. (2004 Code, § 113.25) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007) Penalty, see § 113.99 § 113.31 EMPLOYEES RIGHTS PRESERVED. An employee who consents to work in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. (2004 Code, § 113.26) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007) § 113.32 OTHER LAWS. This subchapter is intended to supplement the State Clean Air Act, M.S. §§ 144.411 to 144.417, as they may be amended from time to time. Nothing in this American Legal Publishing Corporation 15 Hutchinson, MN Code of Ordinances subchapter authorized smoking in any location where smoking is prohibited or restricted by other laws. (2004 Code, § 113.27) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007) § 113.33 VIOLATIONS. (A) Smoking where prohibited. It is a violation of this subchapter for any person to smoke in an area where smoking is prohibited by this subchapter. (B) Proprietor or other person in charge. It is a violation of this subchapter for the proprietor or other person in charge of any premises subject to this subchapter to fail to comply with the requirements of § 113.28 of this chapter or to retaliate against an employee, applicant or customer as prohibited by § 113.30 of this chapter. (C) Enforcement. The provisions of this subchapter shall be enforced by the Police Department or other enforcement agency designated by the city. (D) Injunctive relief. In addition to the penalties provided in § 113.99 of this chapter, the City Attorney may bring a civil action against the proprietor or other person in charge of a public place or place of work to enjoin repeated or continuing violations of this subchapter. (2004 Code, § 113.28) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007) Penalty, see § 113.99 § 113.99 PENALTY. (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances. (B) (1) Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated §§ 113.01 through 11113 of this chapter, shall be charged an administrative fine of $75 for a first violation of §§ 113.01 through 113.13 of this chapter; $200 for a second offense at the same licensed premises within a 24-month period; and $250 for a third or subsequent offense at the same location within a 24-month period, as well as a license suspension for not less than seven days. (2) Other individuals. Other individuals, other than minors regulated by division (13)(3) below, found to be in violation of §§ 113.01 through 113.13 of this American Legal Publishing Corporation 16 Hutchinson, MN Code of Ordinances chapter shall be charged an administrative fee of $50 (3) Minors. A minor found in unlawful possession of, or who unlawfully purchases or attempts to purchase, tobacco, tobacco products or tobacco -related devices shall, if a first time offense, be referred to a diversion program operated by appropriate city officials or, if a second or subsequent offense, be petitioned or ticketed into juvenile court as a petty offender and receive disposition as is authorized by law and appropriate for petty offenders. (4) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of §§ 113.01 through 113.13 of this chapter. (C) (1) A violation of any provisions of §§ 113.25 through 113.33 of this chapter shall be a petty misdemeanor for the first offense. Any additional violation of §§ 113.25 through 113.33 of this chapter shall be a misdemeanor. Each day of violation constitutes a separate offense. (2) Violation of any provision of §§ 113.25 through 113.33 of this chapter by a licensee shall be adequate ground for the denial, refusal to renew, suspension or revocation of any food, liquor or other business license. (2004 Code, § 113.99) (Ord. 98-220, passed 4-14-1998; Ord. 05-0449, passed 12-28-2006; Ord. 07-0487, passed 12-11-2007; Ord. 12-700, passed 12-11-2012) American Legal Publishing Corporation 17 § 95.08 TOBACCO -FREE PARKS. (Public Parks Chapter) (A) It is unlawful for any person to smoke or use tobacco products or electronic delivery devices (e-cigarettes, e-pipes, vap pens, etc.) within 25 feet of any city playground or within the confines of Tartan Park (which includes the terrain park, skate park and north ball field), Veterans Memorial Field, the ball field areas at Roberts Park, Riverside Park. Northwoods Park and VFW Park and the Hutchinson Aquatic Center. This also includes spectator areas, concession stands and rest rooms at these facilities. Except for Tartan Park, parking lots adjacent to the facilities listed in this section are exempt from the rules of this section unless use of such products and devices are closer than 25 feet from any entrance, walkway, or spectator area. (B) The use of smokeless tobacco by participants in sponsored adult games/events at Veterans Memorial Field and Roberts Park shall be allowed during games/events. (Ord. 19-793, passed 2-26-2019; Ord. 19-798, passed 4-9-2019) § 111.12 RESTRICTIONS PERTAINING TO FOOD VENDORS. (Peddler, Solicitors, Transient Merchants and Food Vendors Chapter) It is unlawful for any food vendor to engage in the following activities: (A) To operate within 100 feet of a restaurant that is open for service without the written consent of the restaurant owner or operator; (B) To operate a food cart within 500 feet of any festival, fair or civic event, except when authorized to do so by the event sponsor in writing; (C) To operate on public property or adjacent parking lots where a concession stand is open and operating; (D) To operate in violation of nuisance statutes or ordinances; (E) To operate on any public parking lot, trail or public sidewalk within four feet of the curb or roadway; (F) To operate in such a way as to impede normal traffic flaw; (F) To permit smoking within 15 feet of the food cart or food vehicle; (G) To operate within five feet of any crosswalk, access ramp, disabled parking space or in a manner that would impede access to any adjacent business; (H) To sell or distribute alcoholic beverages; and/or (1) To disobey any order of the city Police Department. (Ord. 19-809, passed 12-10-2019) Penalty, see § 111.99 § 112.070 LICENSE REQUIRED. (Liquor Regulations Chapter) (A) It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale or otherwise dispose of 3.2% malt liquor, as part of a commercial transaction, without a license therefor from the city. (B) This section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding 3.2% malt liquor licenses from the city. (C) Annual on -sale 3.2% malt liquor licenses may be issued only to drug stores, restaurants, hotels, bowling centers, clubs and establishments used exclusively for the sale of 3.2% malt liquor with the incidental sale of tobacco and soft drinks. (2004 Code, § 112.070) (Ord. 20-814, passed 6-9-2020) Penalty, see § 10.99 § 130.08 PERMITTED FIREWORKS. (Offenses Against Public Peace and Safety Chapter) (A) Definition. For the purpose of this section, the fallowing definition shall apply unless the context clearly indicates or requires a different meaning. FIREWORKS. As defined in M.S. § 624.20(1)(c), as it may be amended from time to time, or any superseding statute. (6) Permit required. No person shall sell or possess for sale fireworks without first having obtained an annual permit from the city- (1) The Fire Chief shall give final approval or denial of an application for the manufacture, storage for commercial purposes or sale of fireworks within 14 days of the permit application being made to the city. (2) Permits shall be issued for a period of one calendar year. (3) Prior to processing the application, a criminal records check must be conducted. Neither the applicant nor the responsible party for the permit shall have been convicted of a felony or a fire- or fireworks -related misdemeanor within the last three years. (4) Prior to processing the application, the Fire Chief shall determine that the proposed location is code compliant. (5) The application shall include a letter from the person legally responsible for the property on which the fireworks -related activity will occur. The letter shall grant permission to the applicant for the use of the property. (C) Sales and storage of fireworks. (1) No person shall sell or store fireworks within 50 feet of any fuel dispensing apparatus. (2) It shall be unlawful for any seller of any fireworks to permit smoking inside or within 50 feet of the consumer fireworks retail sales area. "No Smoking" signs must be conspicuously posted and approved fire extinguishers must be available for use. (3) In buildings that d❑ not have an automated sprinkling system, retail sales displays of fireworks shall be limited to a gross weight of 250 pounds of pyrotechnic composition or 25% of the gross weight if the weight of pyrotechnic is not known. In buildings that do contain an automated sprinkling system, the amount of fireworks contained in retail sales displays shall be determined by the City Fire Chief on a case by case basis after considering the building's construction, fire suppression apparatus and other relevant factors. (4) The requirements of this section are in addition to any requirements imposed by any building and zoning regulations, fire codes (MSFC Ch. 33 and NFPA 1124) or state law (M.S. § 624.20, as it may be amended from time to time). (5) Only persons 18 years of age and older may purchase fireworks, and the age of the purchaser must be verified by photographic identification. (6) Exterior storage, display, sales or transient sales of fireworks are permitted subject to a site plan review. Site plans shall be submitted for review through the conditional use permit process as identified in § 154.175 of this code of ordinances. Conditional use permits will only be considered within commercial or industrial zoning districts. Additionally, tents, canopies or membrane structures must comply with MSFC Ch. 24. (7) No manufacturing, sales or storage for commercial purposes shall occur on residentially zoned property or within 100 feet thereof. (8) No person shall construct a retail display nor offer for sale explosives, explosive materials or fireworks upon highways, sidewalks, public properties, properties used for educational purpose or assemblies. (9) A list of all consumer fireworks displayed and stored on the property shall be available at all times. The fist shall document the name, weight and quantity of the fireworks and be accompanied by the material safety data sheets. (10) A handout describing fireworks shall be provided to each consumer purchasing fireworks. (D) Use and possession. (1) It is unlawful to use, fire or discharge any fireworks along the route of and during any parade, in any place of public assembly on any public property or in any commercial/industrial zoning district. (2) It is unlawful at any time to throw, toss or aim any fireworks at any person, animal, vehicle or other thing or object or to use fireworks in any manner that may threaten or cause possible harm to life or property. (3) The discharge of fireworks shall be prohibited inside a building and within 15 feet of any building. (4) It shall be unlawful to ignite, discharge or otherwise use fireworks within 300 feet of a consumer fireworks retail sales facility or store. At least one sign shall be conspicuously posted on the exterior of each side of the consumer fireworks retail sales facility stating: "No fireworks discharge within 300 feet". (5) No motor vehicle shall be parked within ten feet of a consumer fireworks retail sales facility. (6) The Fire Chief may ban fireworks if dry or windy conditions occur. (7) Juveniles may not possess fireworks unless under the direct supervision of a responsible adult. (8) Fireworks may not be discharged in a manner that may create a nuisance, nor between the hours of 10:00 p.m. to 7:00 a.m. Fireworks shall also be subject to any additional ordinances such as noise and/or assembly areas. (9) Officers may seize illegal fireworks. The State fire Marshal or designee, Sheriff's officer, police officer, constable, Fire Chief or Fire Official shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered ❑r exposed for sale, stored or held in violation of this division (D). (E) Violations; remedies. (1) Materials which violate and/or pose a threat to public safety may be confiscated and destroyed. Costs associated with disposal shall be assessed back to the property owner or permit holder. (2) Violations of this regulation, city ordinance or state statute may result in revocation of the permit. (Prior Code, § 130.08) (Ord. 02-316, passed 6-11-2002; Ord. 04-370, passed 3-9-2004) Penalty, see § 130.99 § 130.24 DANGEROUS TRESPASSES AND OTHER ENDANGERING. (Offenses Against Public Peace and Safety Chapter) (A) Dangerous acts and trespasses prohibited. It is a petty misdemeanor for any person to: (1) Smoke in the presence of explosives or flammable materials, or in a building or area in which "No Smoking" notices have been prominently posted; (2) Interfere with ❑r obstruct the prevention or extinguishing of any fire, or disobey the lawful orders of a law enforcement officer or firefighter present at the fire; (3) Show a false light or signal or interfere with any light, signal or sign controlling or guiding traffic upon a highway, railway track or navigable water; (4) Place an obstruction upon a railroad track; (5) Expose another or another's property to an obnoxious or harmful gas, fluid or substance, with intent to injure, molest or coerce; (6) Trespass or permit animals under his or her control to trespass upon a railroad track; (7) Permit domestic animals or fowl under his or her control to go upon the lands of another within the city; (8) Interfere unlawfully with any monument, sign or pointer erected or marked to designate a point of a boundary line or a political subdivision, or a tract of land; (9) Trespass upon the premises of another, and without claim of right refuse to depart therefrom on demand of the lawful possessor; (10) Eater or be found upon the premises of any enclosed or fenced public property without authorization during hours the enclosed or fenced public property is posted as closed to the public; (11) Occupy or enter the dwelling of another, without claim of right, consent of the owner or the consent of one who has the right to give consent, except in an emergency situation; (12) Enter the premises of another with intent to take or injure any fruit, fruit trees or vegetables growing thereon without the permission of the owner or occupant; or (13) Without the permission of the owner, tamper with or get into or upon a motor vehicle, or ride in or upon a motor vehicle knowing it was taken and is being driven by another without the permission of the owner. (B) Trespassing on land following notice. (1) No person shall intentionally trespass on the land of another and, without claim of right, refuse to depart therefrom on demand of lawful possessor thereof or his or her agent. A demand to depart may be made as follows. (a) Orally, or in writing, by the lawful possessor or the possessor's agent; (b) By conspicuously posting, at reasonable intervals, signs which prohibit trespass on the affected land; or (c) By conspicuously posting, at reasonable intervals, signs which prohibit trespass on the affected land during certain hours. (2) No person who has received a written demand to depart pursuant to division (B)(1)(a) above shall reenter the lawful possessor's land without the written permission of the lawful possessor or the agent providing that demand, for a period of up to one year from the date of the written demand, as provided therein. (3) A second offense of this section within one year from the date of the first offense will be a misdemeanor. (Prior Code, § 130.24) (Ord. 95-133, passed 2-14-1995) Penalty, see § 130.99 § 130.36 DEFINITIONS. (Offenses Against Public Peace and Safety Chapter) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABATEMENT NOTICE. Notice served upon property owner and/or interested party by the City Administrator or the Administrator's designee of law enforcement responses to two or more nuisance service calls within a 365-day period on property in which they have an interest pursuant to § 130.38(C) of this chapter. ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5%alcohol by volume. CLANDESTINE LAB SITE. Any structure of conveyance or outdoor location occupied or affected by conditions or chemicals typically associated with the manufacture of methamphetamine or any other unlawful manufacture of a controlled substance. DISORDERLY HOUSE. Any residential property which due to the following nuisance conduct, events, characteristics or conditions is likely to disturb, injure or endanger the peace, comforts, health, welfare, safety or character of the neighborhood or community: (1) The unlawful sale, furnishing, use or possession of intoxicating liquor or 3.2% malt liquor in violation of state law or Ch. 112 of this code of ordinances; (2) The possession or use of gambling devices or the conduct of any gambling in violation of state law; (3) Prostitution in violation of state law or acts relating to prostitution, or the conduct of unlicensed escort services, sexually -oriented business or massage or massage services, in violation of state law or Ch. 119 and 121 of this code of ordinances; (4) The unlawful sale, use, or possession of controlled substances as defined in M.S. § 152.02, as it may be amended from time to time; or (5) Three or more verified incidents or unlawful gatherings, as defined in this section within a 365-day period. FALSE REPORT TO PUBLIC OFFICER. A report to any public officer that a violation of city code or state law has been committed, knowing that the conduct or conditions reported do not constitute a crime or that the report is false and intending that the public officer act in reliance upon the report. INCIDENT. Single behavioral incident as defined by M.S. § 609.035, as it may be amended from time to time. In the case of property conditions or characteristics constituting a nuisance, a single behavioral INCIDENT constitutes those violations, the existence of which is the result of a single illegal objective or coincident errors of judgment. INTERESTED PARTY. Any known lessee or tenant of the residential property or affected portion of the residential property; any known agent of an owner, lessee or tenant; any known mortgage holder or holder of any secured interest in the residential property; any known person holding an unrecorded contract for deed, being a mortgagee or vendee in physical possession of the residential property, insurer of the property; or, any other person who maintains or permits a nuisance on the residential property and is known to the city. NUISANCE INCIDENT NOTICE. Notice served upon property owner and/or interested party by the City Administrator or the Administrator's designee of a law enforcement response to a nuisance service call to property in which they have an interest pursuant to § 130.43(A) of this chapter. NUISANCE SERVICE CALL. Public officer response to a verified incident of any activity, conduct or condition occurring on private property that is likely to unreasonably interfere with the quiet enjoyment of neighboring properties or the safety, health, morals, welfare, comfort or repose of the residents therein, including, without limitation: (1) Unlawful gathering, as defined in this section; (2) Disorderly conduct, as defined by M.S. § 609.72, as it may be amended from time to time; (3) Assault, as defined by M.S. §§ 609.221, 609.222, 609.223, 609.2231 and 609.224, as they may be amended from time to time, excluding domestic assaults; (4) Public nuisance, as defined by § 130.37(B) of this chapter or M.S. §§ 609.74 through 609.745, as they may be amended from time to time; (5) Noise in violation of § 130.23(A) of this chapter; (6) Unlawful consumption of alcoholic beverages in violation of Ch. 112 of this code of ordinances; (7) The unlawful furnishing, sale, use, or possession of intoxicating liquor or 3.2% malt liquor in violation of state law or Ch. 112 of this code of ordinances; (8) The possession ❑r use of gambling devices or the conduct of any gambling in violation of state law; (9) Prostitution in violation of state law or acts relating to prostitution, or the conduct of unlicensed escort services, sexually oriented business or massage or massage services, in violation of state law or Ch. 119 and 121 of this code of ordinances; (10) The unlawful sale, use or possession of controlled substances as defined in M.S. § 152.02, as it may be amended from time to time; (11) Indecent exposure in violation of M.S. § 617.23, as it may be amended from time to time; (12) Unlawful use or possession of a firearm in violation of state law or this chapter; (13) Failure to comply with dangerous dog requirements in violation of Ch. 93 of this code of ordinances or M.S. Ch. 347, as it may be amended from time to time; (14) Failure to comply with animal noise regulations in violation of Ch. 93 of this code of ordinances; (15) Failure to restrain a domestic animal in violation of Ch. 93 of this code of ordinances; (16) Cruelty to animals in violation of Ch. 93 of this code of ordinances; (17) Illegal possession of a wild animal in violation of Ch. 93 of this code of ordinances; (18) Unlicensed dog in violation of Ch. 93 of this code of ordinances; (19) Illegal open burning, in violation of Ch. 92 of this code of ordinances; (20) Illegal refuse, in violation of Ch. 92 of this code of ordinances; (21) Illegal litter, in violation of Ch. 130 of this code of ordinances; (22) Abandoned or junk vehicles, in violation of Ch. 91 of this code of ordinances; (23) Illegal exterior storage in violation of Ch. 92 of this code of ordinances; (24) Illegal parking or storage of recreational vehicles in violation of Ch. 73 of this code of ordinances; (25) Parking or storage of vehicles within a city street right-of-way or in violation of Ch. 72 of this code of ordinances; (26) False report to public officer in violation of § 130.42 of this chapter; (27) Rental of a dwelling unit without a license or in violation of the conditions of licensure in violation of this subchapter; and (28) Illegal home occupation in violation of Ch. 154 of this code of ordinances. PRIVATE PROPERTY. Any real property the legal ownership of which, as officially recorded by the county, is held by one or more natural persons, a partnership, including a limited partnership, a corporation, including a foreign, domestic or non-profit corporation, a trust or any other organization, but not including the state or any of its political subdivisions, the federal government or any other governmental agency or entity. The existence of any public easement, right-of-way or other limited right of access on the property shall not, for the purpose of this chapter, be deemed to transform PRIVATE PROPERTY to public property. PROPERTY. A parcel or contiguous parcels of real property, including buildings and other structures thereon owned by the same legal entity and under common management. In the case of multi -unit residential or commercial property, the term shall apply to the entire complex. PUBLIC OFFICER. A police officer, Fire Marshal, Chief or Inspector, Animal Control Officer, City Zoning Official, Building Inspector or Environmental Health Inspector, each of whom, for the purposes of this chapter, shall be considered law enforcement officers. PUBLIC PLACE. An area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, including those buildings in which food or drink is served or entertainment or lodging is provided. RESIDENTIAL PROPERTY. Any real property containing a structure suitable for affording shelter for human beings, including any appurtenant or connected structure, including trailers, mobile homes, multiple -family dwellings, buildings containing multiple dwelling units, and any property situated within a residential zoning district as defined by the city code. UNLAWFUL GATHERING. Any party or gathering where there is any of the following conduct or behavior: (1) The unlawful sale, furnishing, use or possession of intoxicating liquor or 3.2% malt liquor in violation of state law and Ch. 112 of this code of ordinances; (2) The unlawful sale, use or possession of controlled substances as defined in M.S. § 152.02, as it may be amended from time to time; (3) The unlawful sale, use or possession of tobacco -related products in violation of state law or Ch. 113 of this code of ordinances; (4) Any conduct, activity or condition constituting a violation of state laws or this city code prohibiting or regulating prostitution, gambling, firearms, disorderly conduct, public nuisance or permitting a public nuisance; and/or (5) Any conduct or activities likely to disturb non -participating persons by: (a) Noise of sufficient volume, or of such nature by virtue of its type, persistence, time of day or location, to disturb; the peace, quiet, or repose of non -participating persons nearby in the manner and according to the standards set forth in Ch. 92 and/or Ch. 130 of this code of ordinances; (b) Assaultive behavior;. (c) Unlawful consumption of alcoholic beverages or possession of open containers of alcohol in violation of Ch. 112 of this code of ordinances; (d) Urinating in public; (e) Public indecency, as defined in this chapter, or indecent exposure, in violation of M.S. § 617.23, as it may be amended from time to time; (f) Excessive pedestrian or vehicular traffic and parking problems or congestion; and/or (g) Harassment of passers-by. VERIFIED INCIDENT. An incident where there is a law enforcement response and a public officer, having completed a timely investigation, is able to find evidence of nuisance conduct, conditions or characteristics as set forth in the definition for "nuisance service call' defined in this section. It shall not be necessary that criminal charges be brought or convictions obtained relative to the incident. Multiple offenses verified during a single response shall count as one response for the purpose of imposing an excessive nuisance call service fee. VERIFIED INCIDENTS shall be attributable separately to the source of the nuisance conduct, condition or activity, as follows: (1) The same tenant or lessee or persons acting in conjunction with or under the control the same tenant or lessee; (2) The same rental unit while occupied by the same tenant or lessee or within two ❑r more rental units by the same tenant or lessee; and (3) The property owner or persons acting in conjunction with or under the control of the property owner who either actively participated in the creation of the nuisance conduct, condition or characteristic or who knew or should have known of the ongoing nuisance conduct, condition or characteristic and failed to take reasonable steps to abate it. VERIFIE❑ INCIDENT FOLLOW-UP. Where there has been a prior verified incident of property conditions or characteristics constituting a nuisance, each subsequent response to those same conditions or characteristics initiated by the city as follow-up during a course of remediation, shall not constitute an additional verified incident unless additional nuisance conditions or characteristics constituting additional incidents are found to exist. (2004 Code, § 130.31) (Ord. 09-0521, passed 9-22-2009) § 131.02 UNLAWFUL USE AND FURNISHING OF TOBACCO. (Offenses Against Public Morals Chapter) (A) It is unlawful for any person under the age of 18 years t❑ use or be in possession of tobacco in any form. (B) It is unlawful for any person to furnish tobacco, by any manner or means and in any form, to any person under the age of 18 years. (2004 Code, § 131.02) Penalty, see § 131.99 HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Second reading and adoption of an ordinance to sell city -owned land to Midwest Agenda Item: Industrial Tool Grinding, Inc. Department: EDA LICENSE SECTION Meeting pate: 8/22/2023 Application Complete NIA Contact: Miles R. Seppelt Agenda Item Type: Presenter: none Reviewed by Staff ❑ Unfinished Business Time Requested (Minutes): 0 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENDA ITEM: At the August 8th City Council meeting the Council approved a plan by MITGI to redevelop the site of the former Franklin House. Additionally, the first reading of the ordinance to sell City land was completed. The next step in the process is the second reading and adoption of the ordinance, a copy of which is ATTACHED for your review. Once the ordinance is adopted, City staff will take the steps needed to complete the sale of the lot to MITGI for $1 . If you have any questions or need additional information, please give me a call any time at 234-4223. BOARD ACTION REQUESTED: Second reading and adoption of ordinance to sell city -owned land Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA ORDINANCE NO. 23-841 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: LOTS g & 10 EXCEPTING NW'LY 1/3, BLOCK 42, NORTH HALF OF HUTCHINSON for good and valuable consideration is hereby transferred and conveyed to Midwest Industrial Tool Grinding, Inc_, or its successor or assigns as agreed upon in the purchase agreement_ 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 22°`' day of August, 2023. Gary T. Forcier Mayor ATTEST: Matthew Jaunich City Administrator FBI HUTCHINSON CITY COUNCIL HUTCHINSON ,Request for Board Action A CITY ON PURPOSE. Resolution 15621 - Approving HUC Rate Changes Agenda Item: Department; Administration LICENSE SECTION Meeting pate: 5/22/2023 Application Complete NIA Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff �f New Business Time Requested (Minutes): 5 License Contingency NIA Attachments: Yes BACKGROLNVD/EXPLANAPON OFAGENDA ITEM: On July 27, 2023, the City was officially notified by the Hutchinson Utilities Commission that they would be changing their electric and gas rates for the next three years (letter is attached). This notification to the City was done per section 11.04 of our City Charter. If we would have any desire to veto this rate change, we have 30 days (until August 26) to do so. Jeremy Carter, General Manager of HUC met with the City Council at your August 8 council meeting and gave a presentation on the proposed rate changes that are being considered by the HUC Board. As has been customary with past rate changes, the City Council will provide a means of support if they do not have intentions of using a veto on the rate changes. That has generally been done through a resolution. Attached is that resolution for your consideration. BOARD ACTION REQUESTED: Approve Resolution 15621 - Approving Proposed HUC Rate Changes Fiscal Impact: Funding Source: FTE Impact: Budget Change: No 0 Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA a July 27, 2023 Hutchinson Utilities Commission Honorable Mayor Forcier and Council Members 111 Hassan Street SE Hutchinson, MN 55350 Dear City Council, 225 Michigan Street SE Hutchinson, MN 55350-1905 320-587-4746 1 Fax 320-587-4721 www.hutchinsonutilities.com Putting All of Our Energy into Serving You The purpose of this letter is to provide notice to the City of Hutchinson that on Wednesday July 26th, 2023 the Hutchinson Utilities Commission (HUC) approved resolution 23-01 changing the retail rate structure for 3 years on all customer classes within the Electric & Natural Gas Divisions. Pursuant to the City of Hutchinson Charter section 11.04, such veto power shall be exercised, if at all, within 30 days after the council has received notice of any proposed change in charge and rate. To recap, on April 2011, 2023 Utility Financial Solutions, LLC presented the final results of the Cost of Service (COS) study to HUC. The results showed HUC was currently and continues to be in good financial position, appropriately forecasts operational and capital expenses, and that the financial policies adopted by HUC meet benchmarks utilized by Utility Financial Solutions, LLC as part of the COS study. Based on the COS study results appropriate rate design structures and various +l- bandwidth, % rate changes, and glide paths were considered and approved with a conscious effort on minimizing the impact to customers. HUC is making a mindful decision to continually move towards the cost of service results for each class while continuing to better align the various cost components of the utilities more closely with the monthly revenue components collected on a customer's bill. HUC's decision to approve a 3-year rate adjustment in both divisions will continue to promote customer equitability and minimize future increases when the next cost of service study is completed. HUC will look to adjust the rates starting October 15t of each year when energy consumption in both divisions is typically low to minimize the impact to customers. In conclusion, please find enclosed the adopted resolution and some additional materials for review. I will plan to attend the Council meeting on August Bch to answer any questions from the council. However, please feel free to reach out to me directly if there are questions ahead of time. Sincerely, Jeremy J. Carter General Manager Hutchinson Utilities Commission Resolution No. 23-01 A RESOLUTION CHANGING THE HUTCHINSON UTILITIES COMMISSION RATE STRUCTURE FOR 2023, 2024 & 2025 FOR ELECTRIC AND NATURAL GAS DIVISIONS Be It Resolved by the Hutchinson Utilities Commission: That the current Electric and Natural Gas Retail Rates paid by customers of the Hutchinson Utilities Commission be changed as follows: Electric Division Table: Current 2023 2024 2025 Residential Monthly Customer Charge $16.90 $17.00 $17.10 $17.20 Energy Charge (per KWH) $0.07852 $0.08235 $0.08632 $0.09040 Small General Monthly Customer Charge $21.60 $23.90 $26.20 $2&50 Energy Charge (per KWH) Block 1 (0.2000 KWH) $0.08994 $0.09242 $0,09504 $0,09780 Block 2 (Mare than 2000 KWH) $0.08078 $0.08300 50.08536 $0.08784 Large General Monthly Customer Charge $107.60 $122.50 $137,40 $152.30 Energy Charge (per KWH) $0.05783 $0.05796 $0,05812 $0.05832 Demand Charge (per KW) $10.00 $10.50 $11.00 $11.50 Large Industrial Monthly Customer Charge $300.80 $344.70 $388.60 $432,50 Energy Charge (per KWH) $0.05274 $0,05328 $0.05385 $0.05445 Demand Charge (per KW) $11.00 $11.50 $12.00 S12.50 Security Lights Monthly Customer Charge SecL 150 $3.00 - - SecL 250 53.50 SecL 400 $4.08 - SecL 150 Unmetered $7.00 - - SecL 250 Unmetered $10.00 - SecL 450 Unmetered $13.26 - - SecL 70 Watt LED metered $3.00 $3.14 $3.28 $3.42 SecL 70 Watt LED Unmetered $7.00 $7.32 $7.64 $7.99 Natural Gas Division Table: Current 2023 2024 2025 Residential Monthly Customer Charge $16.10 $16.70 $17.30 $17.90 Gas Commodity Charge (per MCF) $7.4040 $7.3000 $7.2000 $7.1000 Commercial Monthly Customer Charge $64.70 $76.70 $88.70 $100.70 Gas Commodity Charge (per MCF) $7.9682 $7.6937 $7.4192 57.1447 Large Industrial Monthly Customer Charge $285.00 $311.00 $337.00 $363.00 Gas Commodity Charge (per MCF) $7.5450 $7.5450 $7.5450 $7,5450 Demand Charge (Max Daily MCF/month) $8.00 $8.00 $8.00 $8.00 AND BE IT FURTHER RESOLVED, that the General Manager of the Hutchinson Utilities Commission, Jeremy J Carter, shall provide notice of these rate changes to the City Council of the City of Hutchinson. Adopted by the Hutchinson Utilities Commission this J�A/ .2023 Attest* � G Don Martinez, Secretary day of Hutchinson Utilities Commission Anthony Hanson, Pre ident lit& —is] gill t[17►K1012M A RESOLUTION SUPPORTING HUTCHINSON UTILITIES COMMISSION'S PROPOSED RATE CHANGES WHEREAS, the Hutchinson Utilities Commission approved resolution 23-01 on July 26, 2023, changing the electric and gas rates they charge their users; and WHEREAS, the City was notified on July 27, 2023 of the adopted resolution and proposed rate changes according to the provisions as required in section 11.04 of the Hutchinson City Charter; and WHEREAS, the proposed rate changes would increase the monthly and energy charges for all classes of the Utility Commission's electric ratepayers and increase the demand charge on the large general and industrial class. In addition, the proposed rate changes will increase the monthly customer charge for all classes of the Utility Commission's gas ratepayers but reduce the gas commodity charge for the Utility Commission's residential and commercial ratepayers while leaving the gas commodity charge and demand charge for the Utilities Commission's large industrial class gas customers unchanged; and WHEREAS, section 11.04 of the Hutchinson City Charter gives the City Council the authority to veto, within 30 days of notification, any proposed change in charges or rates; and WHEREAS, the Hutchinson Utilities Commission general manager was present at the August 8, 2023, City Council meeting, to discuss the proposed rate changes; and WHEREAS, the Hutchinson City Council has done its due diligence in reviewing the proposed rate changes and does not desire to veto the rate changes as recommended by the Hutchinson Utilities Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, that dais Council supports the proposed rate changes as approved in resolution 23-01 of the Hutchinson Utilities Commission, a copy of which is attached to, and is part of, this resolution. ADOPTED BY THE HUTCHINSON CITY COUNCIL THIS 22"D DAY OF AUGUST, 2023 Gary T. Forcier, Mayor Attest: Matthew Jaunich, City Administrator HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Approve/Deny Resolution 15625 - A Resolution Ordering Preparation of Report Agenda Item: on New Grandstand and other Improvements at VMF Baseball Field Department: Adminlstration/PRCE LICENSE SECTION Meeting pate: 5/22/2023 Application Complete NIA Contact: Matt/Lynn Agenda Item Type: Presenter: Matt/Lynn Reviewed by Staff ❑� New Business Time Requested (Minutes): 10 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANAPON OFAGENDA ITEM: As has been discussed over the past year or so, the Hutchinson Huskies are looking to replace the Grandstand at VMF baseball field. They started a fundraising campaign about a year ago and recently received a significant contribution to bring their total raised up to $250,000, With the potential interest in constructing a new grandstand, the City hired Widseth to do a preliminary design and cost estimate on a new grandstand. That report is attached and Dana Hlebichuk from Widseth will be present at the meeting to g❑ through their intitial findings. City staff is asking the Council to consider adoption Resolution 15625, which will move this project forward to the next step. The next step includes a schematic design with cost estimates and documents that could be used to bid the project out. Please note that approving the resolution does not guarantee the project. it just moves us forward with our planning. If the resolution is approved, the next phase will cost the City about $10415,000 and the Council will have two options to not move forward with the project. One is when you will be authorizing going out for bids. The second option will be after bids are received. Proposed funding for this project, outside of what will be raised by the Huskies, will come out of the community improvement fund or capital projects fund if the project moves forward. BOARD ACTION REQUESTED: Approve/Deny Resolution 15625 - A Resolution Ordering Preparation of Report on New Grandstand and other Improvements at VMF Baseball Field Fiscal Impact: Funding Source: FTE Impact: Budget Change: No 0 Included in current budget: No PROJECT SECTION: Total Project Cost, Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA City of Hutchinson Veterans Memorial Stadium Construction Estimate: August 15,'23 WOSETH Dana Hlebichuk, AIA VP dana.hlebichuk@widseth.com 507.358.9976 Design Option #3 (Phase i) 3tures: Size Cost Subtotal 380 Seat stadium with canopy 380 seats $ 971.13 /seat $ 369,028.87 Press Box 8x18 144 sf Included with stadium New concrete foundations 14 $ 4,642.85 /pier $ 64,999.90 Demoltion $ 50,000.00 New concrete walk $ 100,000.00 Subtotal $ 584,028.77 design and Construction Contingency 7% $ 40,882.01 Total $ 624,910.79 IT � J} ' � M 1 1 1 r,Owft l i .'r e oil '19 RESOLUTION NO. 15625 RESOLUTION ORDERING PREPARATION OF REPORT ON NEW GRANDSTAND AND OTHER IMPROVEMENTS AT VMF WHEREAS, the City has hired Widseth to put together a preliminary design with cost estimates on a new grandstand at VMF Baseball Field; and WHEREAS, the City has received the preliminary design and cost estimate report for the following described city project: Demolition of old grandstand; construction of new 380 seat stadium (grandstand) with canopy and press box, new concreate foundations and concrete walk WHEREAS, the preliminary design and cost estimate report was received by the City Council at their August 22, 2023 city council meeting. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement, called the New Grandstand at VMF, be referred for additional study and analysis to include a schematic design/design development with cost estimate and funding sources, along with the preparation of construction documents for bidding purposes; and that the proposed report be put together and reported back to the City Council with all convenient speed for consideration. Adopted by the Hutchinson City Council this 22nd day of August, 2023. Gary Forcier, Mayor Matthew Jaunich, City Administrator FBI HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Approve/Deny Funding Requests from the Hutchinson Center for the Arts Agenda Item: Department; Administration LICENSE SECTION Meeting Date: 5/22/2023 Application Complete NIA Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff �f New Business Time Requested (Minutes): 5 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Back at the June 27 city council meeting, the City Council heard an update an the Center for the Arts. During that update, the Center for the Arts requested of the City Council your continued financial support. Their request was for another 3-year commitment at $15,000 per year. I have attached a copy of their presentation for reference purposes. Please note that Minnesota Statute 471.941 allows cities to make donations to "artistic organizations", which the Center for the Arts qualifies as one. The City is currently a member of the Center for the Arts. We first joined in 2012 with a 3-year commitment. We extended our first 3-year agreement with another one in 2014, 2017 and 2020. The last three commitments were each for 3 years at $15,0001year. The current 3-year commitment ends at the end of this year. As we are preparing for the 2024 budget, staff is seeking direction from the City Council on whether or not we will continue to fund this request. Funding for this membership has historically come out of the Community Improvement Fund. Any extension of the funding would begin with the 2024 budget season. Please note that the the City's total contribution to the Center for the Arts, dating back to 2012, is at $190,000. BOARD ACTION REQUESTED: Approve/Deny Funding Request from the Hutchinson Center for the Arts Fiscal Impact: Funding Source: FTE Impact: Budget Change: Yes 0 Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: NIA 15 FRANKLIN 5T SW — -- -- h sehinso.+ CENTER 'F — ^ �-hutCMnM ` � ` , hutchins / - ���, T FOR THE ARTS .max •�i. _:_ _;;; $45,000 for 3 years ($15,000iyear). Unrestricted funds - all other grants received are for specific projects. This funding helps us leverage other grants. Funding sources post pandemic are decreasing. Historically used to help cover Operational Expenses - this allows us to focus on our mission and provide vital arts programming to our community. To broaden and deepen the arts experiences for Hutchinson and surrounding communities. We accomplish this through education, exhibitions, community outreach, and partnerships with other organizations. Painting flower pots at the Farmers Market. One of the only art centers in a 54 mile radius - we serve a broad community and have a regional draw. 2022 Attendance Gallery & Exhibitions Classes Outreach Events TOTAL 155 1232 320 3331 Sales gallery featuring work from 25 local artists_ Exhibition space highlighting emerging and professional artists from across Minnesota. Annual Community Showcase & Youth Art Show draws an average of 775 people every yea r. A *new* annual show for 2024 featuring local artists with disabilities or mental challenges. Artist Glenna Olson talks about her work and process. Educational programming has increased significantly since 2021. Eleven local and regional artists and art educators taught classes last year. Scholarships and transportation assistance are always available. Kids admire the artwork during Summer Studio Art Camp ainting ts. Free programming at the Center • open Studio & Art Kits Activities at public events Farmers Market, McLeod County Fair, Water Carnival, Arts & Crafts Festival Collaborative events Partnerships with Hutchinson Public Library, one Book one Community, Special Olympics MN, Empty Bowls Kids try out printmaking at our free monthly Open Studio for all ages. We provide: • Fiscal sponsorship for grants ■ Liability insurance • Storage & event space • Other administrative support When you support the Center, you support our partners! Crow River Area Youth orchestra Craw River Youtn Choir Crow River Singers Historic Hutchinson HPRCE Hutchinson Theatre Company Litchfield Area Male Chorus MN Pottery Festival No Lines Improv Troupe RiverSong Music Festival The value of our programming far exceeds $15,000 - there is a large return on this investment. Our educational programming alone costs approximately $7, 000 far a year. For $15,000/yr, we're able to provide more services to the community than what the City could for the same amount. Arts & Culture organizations in Hutchinson draw nearly 62,000 attendees annually.* Nonprofit Arts & Culture Organizations in Hutchinson Total spent by arts & culture attendees annually $ 1.2 Million Total spent by arts & culture organizations annually $1 Million 'Data provided by Creative Minnesota, developed in partnership with Minnesota Citizens for the Arts. Data sources and methods can be round at CREATIVEMN.org 3:25 PM Hutchinson Center for the Arts 06/16123 Profit & Loss Budget Overview Accrual Basis January through December 2023 Jan - Dec 23 Income 4000 • HCA Grants 58.071.00 4100 • Donations 31,000-00 4500 • MEMBERSHIP DUES 7,100.00 4600 • EVENT INCOME 7,000.00 4650 • MERCHANDISE SALES 5,000.00 4700 • FACILITIES, SERVICE & RENTALS 1,500-00 4800 • PROGRAMS, WORKSHOPS & CLASSES 6,000,00 Total Income 115,671-00 Gross Profit 115,671.00 Expense 6155 - Merchandise Shop Expenses 500,00 6050 • ADVERTISING 250-00 6100 • EVENT EXPENSE 1,250-00 6110 • Equipment, Software/Bloomerang 3,350-00 6130 • INSURANCE 4,500-00 6150 • MAINTENANCE & REPAIRS 800-00 6170 OFFICE SUPPLIES 400,00 6235 POSTAGE & SHIPPING 500,00 6180 PAYROLL EXPENSES 47,500-00 6190 PROFESSIONAL FEES 5,800,00 6200 PROGRAM EXPENSES 8,380,00 6250 • RENT EXPENSE 29,760-00 6300 • UTILITIES 4,600-00 6400 • MEMBERSHIP DUES & SUBSCRIPTIONS 200-00 Total Expense 107,790.00 Net Income 7,881.00 Page 1 HUTCHINSON CITY COUNCIL H UTCH I N SQ N Request for Board Action A CITY ON PORPOSE. Private Hangar Request - Troy Pullis (Butler Field) Agenda Item: Department: Public Works/Engineering LICENSE SECTION Meeting Date: 8/22/2023 Application Complete NIA Contact: John Olson/Mike Stifter Agenda Item Type: Presenter: John Olson/Mike Stifter Reviewed by Staff 71 New Business Time Requested (Minutes): 5 License Contingency NIA Attachments: Yes BA CKGROLIND/EXPLANA FION OF AGENDA ITEM: At the 7120/23 Airport Commission meeting, Troy Pullis, presented a formal request for a private hangar to be constructed on the remaining area South of the two new City hangars that are being built this Fall (see attachment). After discussion, the request was tabled so that more information could be gathered. The request was revisited by the Commission on 7/27/23. Discussion centered around orientation (East-West versus North -South) to match existing as well as to accommodate planes that may be accessing their hangars. John Olson was also available to provide context and information as to the availability of space South of ASI's current hangar. After much discussion, the motion failed on a 2-2 vote with Pullis abstaining (McGraw not present), Staff support Pullis' request for three reasons: -while the area South of the new hangars would accommodate another future City owned hangar, there are no current plans to construct one in the 5 year CIP or beyond -if the City were to have the available funds, the greater return for City owned hangars would be to build them on the South end of the airport, per the Master Plan, constructing up to three new, multi -bay hangars on the south end of the taxiway -while the site South of ASI could currently support a future ASI addition as well as one additional hangar, Mere is already a potential request for that space and only two, not three hangars could be accommodated there (see attachment) Staff are also comfortable with the East-West orientation as suggested by Pullis. He is in the allowable limits for other planes to safely pass and despite the orientation being different than adjacent City owned hangars, the building characteristics (color) are expected to match and it allows for better sizing given the space that remains. Staff would recommend that the City negotiate a right of first refusal on the Pullis hangar in the event he were to sell in the future. BOARD ACTION REQUESTED: Approve/deny request by Mr. Pullis to construct a private hangar south of the two new hangars being constructed this fall. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: N/A u HUTCHINSON PUBLIC WORKS AND ENGINEERING August 7, 2023 City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams 5t 5E Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-5971 To: Honorable Mayor & City Council members From: John Olson, Public Works Manager CC: Marc 5ebora, City Attorney Mike 5tifter, Public Works Director Subject: Request by Troy Pullis to construct private hangar Mr. Troy Pullis, an Airport Commission member, requested permission from the Airport Commission to construct a private hangar to be located to the west of Hangar 5, just south of the two new hangars being constructed this year. After discussion at the Airport Commission, Mr. Pullis abstained from voting. The result of the vote was split 2-2 (Pullis abstaining, McGraw not present). Therefore, he has requested that the City Council consider his request. There is approximately 53' of space for construction in the location Mr. Pullis requested. Depending upon the configuration of the building, Mr. Pullis is asking to allow a southerly access instead of a traditional easterly access. In the area assigned for construction of private hangars, there are two potential development sites, each providing for a 70' x 90' hangar (see attached). ASI Jet Ag LLC has a right of first refusal for any development in the private hangar area (pp 2 & 3 of attached). There is also another third -party private hangar being considered for this area. The next area of development for City -owned hangars would likely be at the south end of the taxiway, ❑n the east side. This location for hangars would require the least infrastructure development, allowing limited funds to be used primarily for hangar construction. The Airport Layout Plan indicates that up to three T-hangars could be constructed on the south end of the taxiway. HUTCHINSON MUNICIPAL AIRPORT(HCD) NORTH HANGAR LOTS BOLTON HUTCHINSON, MN AUGUST 202S & MEN K I I I I HUTCHINSON MUNICIPAL AIRPORT(HCD) SOUTH HANGAR LOT BOLTON HUTCHINSON, MN AUGUST 2023 & MEN K HUTCHINSON MUNICIPAL AIRPORT (HCD) SOUTH HANGAR LOTS BOLTON HUTCHINSON, MN AUGUST 2623 & MEN K KA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PVHPOSE MnDOT Aeronautics Grant - Airfield lighting (MIRL, MITL, Signs) project Agenda Item: Department: Public Works/Engineering LICENSE SECTION Meeting Date: 8/22/2023 Application Complete NIA Contact: John Olson/Mike 5tifter Agenda Item Type: Presenter: John Olson/Mike 5tifter Reviewed by Staff F/1 Consent Agenda Time Requested (Minutes): License Contingency NIA Attachments: Yes BA CKGROUNDIEXPLANA TION OF AGENDA ITEM: MnDOT Aeronautics approved the airfield lighting project that the City had applied for. The attached agreement allows for pass -through of Federal funds, as well as State funds for the project, described as: Medium intensity runway lighting, medium intensity taxiway lighting and taxiway signage. These improvements are prioritized by FAA. The lighting systems proposed are LED, so they will result in lower operating and maintenance costs. Design Engineering 57,500 Construction Engineering 90,000 Construction 411,716 Clty Administration 1,000 Project costs 560,216 FAA entitlement funds 231,478 FAA -State apportionment 272,716 total FAA funds = 504,194 MnDOT participation 28,011 Clty-Airport Construction fund 28,011 Project Funding 560,216 BOARD ACTION REQUESTED: Approveldeny Resolution 15618 and name City Administrator Jaunich and Mayor Forcier as signatories to the grant agreement. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: N/A Rev. 1107 RESOLUTION 15618 AUTHORIZATION TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT FOR AIRPORT IMPROVEMENT EXCLUDING LAND ACQUISITION It is resolved by the City of Hutchinson as follows: 1. That the state of Minnesota Agreement No. 1054611, "Grant Agreement for Airport Improvement Excluding Land Acquisition," for State Project No. A4304-42 at the Hutchinson Municipal Airport is accepted. 2_ That the Major and City Administrator are (Title) (Title) authorized to execute this Agreement and any amendments on behalf of the Cite of Hutchinson. CERTIFICATION STATE OF MINNESOTA COUNTY OF I certify that the above Resolution is a true and correct copy of the Resolution adopted by the (Name of the Recipient) at an authorized meeting held on the 22nd day of Auk, 2023 as shown by the minutes of the meeting in my possession. CORPORATE SEAL /OR/ Signature: Signature: (Mayor) (City Administrator) NOTARY PUBLIC My Coirmission Expires: MDEPARTMENT OF TRANSPORTATION MnDOT Contract No. 1054611 STATE OF MINNESOTA STATE AIRPORTS FUND GRANT AGREEMENT This agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), and the City of Hutchinson, 1400 Adams St SE, Hutchinson, MN 55350 ("Grantee"). RECITALS Minnesota Statutes Chapter 360 authorizes State to provide financial assistance to eligible airport sponsors for the acquisition, construction, improvement, marketing, maintenance, or operation of airports and other air navigation facilities. Grantee owns, operates, controls, or desires to own an airport ("Airport") in the state system, and Grantee desires financial assistance from the State for an airport improvement project ("Project"). Grantee represents that it is duly qualified and agrees to perform all services described in this agreement to the satisfaction of the State. Pursuant to Minn.Stat.0613.98, Subd.1, Grantee agrees to minimize administrative costs as a condition of this agreement. AGREEMENT TERMS Term of Agreement, Survival of Terms, and Incorporation of Exhibits 1.1 Effective Date. This agreement will be effective on the date the State obtains all required signatures under Minn. Stat.� l 613.98, Subd. 5. As required by Minn.Stat. k 1613.98 Subd. 7, no payments will be made to Grantee until this agreement is fully executed. Grantee must not begin work under this agreement until this agreement is fully executed and Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration Date. This agreement will expire on December 31, 2027, or when all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this agreement, including, without limitation, the following clauses: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 11. Workers Compensation; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 1.4 Plans, Specifications, Descriptions. Grantee has provided the State with the plans, specifications, and a detailed description of the Project (State Project A4304-42), which are on file with the State's Office of Aeronautics and are incorporated into this Agreement by reference. 15 Exhibits. Exhibit A (Credit Application Form) is attached and incorporated into this agreement_ Grantee's Duties 2.1 Grantee will complete the Project in accordance with the plans, specifications, and detailed description of the Project, which are on file with the State's Office of Aeronautics. Any changes to the plans or specifications of the Project after the date of this Agreement will be valid only if made by written change order signed by the Grantee and the State. Subject to the availability of funds, the State may prepare an amendment to this Agreement to reimburse the Grantee for the allowable costs of qualifying change orders. 2.2 If the Project involves construction, Grantee will designate a registered engineer to oversee the Project work. If, with the State's approval, the Grantee elects not to have such services performed by a registered engineer, then the Grantee will designate another responsible person to oversee such work. 2.3 Grantee will notify State's Authorized Representative in advance of any meetings taking place relating to the Project, 2.4 Grantee will comply with all required grants management policies and procedures set forth through Minn.Stat. U65.97, Subd. 4 (a) (1). 2.5 Asset Monitoring. If Grantee uses funds obtained by this agreement to acquire a capital asset, the Grantee is required to use that asset for a public aeronautical purpose for the normal useful life of the asset. Grantee may not sell or change the purpose of use for the capital asset(s) obtained with grant funds under this agreement without the prior written consent of the State and an agreement executed and approved by the same parties who executed and approved this agreement, or their successors in office. CM State Airports Fund Grant Agreement Template (Rev. 514/22) MnDOT Contract # 1054611 2.6 Airport Operations, Maintenance, and Conveyance. Pursuant to Minnesota Statutes Section 360.305, subdivision 4 (d) (1), the Grantee will operate the Airport as a licensed, municipally -owned public airport at all times of the year for a period of 20 years from the date the Grantee receives final reimbursement under this Agreement. The Airport must be maintained in a safe, serviceable manner for public aeronautical purposes only. Without prior written approval from the State, Grantee will not transfer, convey, encumber, assign, or abandon its interest in the airport or in any real or personal property that is purchased or improved with State funds. If the State approves such a transfer or change in use, the Grantee must comply with such conditions and restrictions as the State may place on such approval. The obligations imposed by this clause survive the expiration or termination of this Agreement. 3 Time 3, I Grantee must comply with all the time requirements described in this agreement. In the performance of this grant agreement, time is of the essence. 4 Cost and Payment 4.1 Cost Participation. Costs for the Project will be proportionate and allocated as follows: Item Description Federal Share State Share Grantee Share Reconstruct Airfield Guidance Signs, 90% 5% 5% Reconstruct Runway Lighting, and Reconstruct Connector Taxiway Lighting Federal Committed: $ 504,194.00 Federal Multiyear: $ 0.00 State: $ 28,011.00 Grantee: $ 28,011.00 The federal multiyear amount is an estimate only. These funds are not committed and are only available after being made so by the U.S. Government. Federal funds for the Project will be received and disbursed by the State. In the event federal reimbursement becomes available or is increased for the Project, the State will be entitled to recover from such federal funds an amount not to exceed the state funds advanced for this Project. No more than 95% of the amount due under this Agreement will be paid by the State until the State determines that the Grantee has complied with all terms of this Agreement and furnished all necessary records. 4.2 Blank. 4.3 Sufficiency of Funds. Pursuant to Minnesota Rules 8800.2500, the Grantee certifies that (1) it presently has available sufficient unencumbered funds to pay its share of the Project; (2) the Project will be completed without undue delay; and (3) the Grantee has the legal authority to engage in the Project as proposed. 4.4 Total Obligation. The total obligation of the State for all compensation and reimbursements to Grantee under this agreement will not exceed $ 28,011.00. 4.5 Payment 4.5.1 Invoices. Grantee will submit invoices for payment by email. Exhibit A, which is attached and incorporated into this agreement, is the form Grantee will use to submit invoices. The State's Authorized Representative, as named in this agreement, will review each invoice against the approved grant budget and grant expenditures to -date before approving payment. The State will promptly pay Grantee after Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices will be submitted timely and according to the following schedule: Reimbursement request schedule: continuous as needed. 4.5.2 All Invoices Subject to Audit. All invoices are subject to audit, at State's discretion. 4.5.3 State's Payment Requirements. State will promptly pay all valid obligations under this agreement as required by Minnesota Statutes § 16A.124. State will make undisputed payments no later than 30 days after receiving Grantee's invoices for services performed. If an invoice is incorrect, defective or otherwise improper, State will notify Grantee within ten days of discovering the error. After State receives the corrected invoice, State will pay Grantee within 30 days of receipt of such invoice. 4.5.4 Grantee Payment Requirements. Grantee must pay all contractors under this agreement promptly. Grantee will make undisputed payments no later than 30 days after receiving an invoice. If an invoice is CM state Airports Fund Grant Agreement Template (Rev. 514122) MrtDOT Contract # 1054611 incorrect, defective, or otherwise improper, Grantee will notify the contractor within ten days of discovering the error. After Grantee receives the corrected invoice, Grantee will pay the contractor within 30 days of receipt of such invoice. 4.5.5 Grant Monitoring Visit and Financial Reconciliation. During the period of performance, the State will make at least annual monitoring visits and conduct annual financial reconciliations of Grantee's expenditures. 4.5.5.1 The State's Authorized Representative will notify Grantee'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 Grantee staff members should be present. Grantee will be provided notice prior to any monitoring visit or financial reconciliation. 4.5.5.2 Following a monitoring visit or financial reconciliation, Grantee will take timely and appropriate action on all deficiencies identified by State. 4.5.5.3 At least one monitoring visit and one financial reconciliation must be completed prior to final payment being made to Grantee. 4.5.6 Closeout. The State will determine, at its sole discretion, whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with grant funds will continue following grant closeout. 4.5.7 Closeout Deliverables. At the close of the Project, the Grantee must provide the following deliverables to the State before the final payment due under this Agreement will be released by the State: (1) Electronic files of construction plans as a PDF and in a MicroStation compatible format; and (2) Electronic files of as- builts as a PDF and in a MicroStation compatible format. (3) Electronic files of planning documents (Airport Layout Plans — ALP) and Airport Zoning as a PDF and in a MicroStation compatible format and in GIS. 4.6 Contracting and Bidding Requirements. Prior to publication, Grantee will submit to State all solicitations for work to be funded by this Agreement. Prior to execution, Grantee will submit to State all contracts and subcontracts funded by this agreement between Grantee and third parties. State's Authorized Representative has the sole right to approve, disapprove, or modify any solicitation, contract, or subcontract submitted by Grantee. All contracts and subcontracts between Grantee and third parties must contain all applicable provisions of this Agreement. State's Authorized Representative will respond to a solicitation, contract, or subcontract submitted by Grantee within ten business days. Conditions of Payment All services provided by Grantee under this agreement must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. In addition, Grantee will not receive payment for Airport's failure to pass periodic inspections by a representative of the State's Office of Aeronautics. Authorized Representatives 6.1 The State's Authorized Representative is: Daniel Boerner, Central Region Airport Engineer, 395 John Ireland Blvd, St Paul MN, 55155-1800, Phone 612-427-3858, dan.boerner@,,state.mn.us, or his/her successor. State's Authorized Representative has the responsibility to monitor Grantee's performance and the authority to accept the services provided under this agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 6.2 Blank 6.3 Grantee's Authorized Representative is: Mike Stifter, Public Works Director, 1400 Adams St SE, Hutchinson, MN 55350, Phone 320-234-4219, mstifter[rhutchinsommn.gov. If Grantee's Authorized Representative changes at any time during this agreement, Grantee will immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Agreement Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. CM State Airports Fund Granl Ag eement Template (Rev. 5/4122) MnDOT Contract # 1054611 7.2 Amendments. Any amendments to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or the State's right to subsequently enforce it. 7.4 Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State and Grantee. No other understanding regarding this agreement, whether written or oral, may be used to bind either parry. 7.5 Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. 7.6 Certification. By signing this Agreement, the Grantee certifies that it is not suspended or debarred from receiving federal or state awards. Liability In the performance of this agreement, and to the extent permitted by law, Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement by Grantee or Grantee's agents or employees. This clause will not be construed to bar any legal remedies Grantee may have for the State's failure to fulfill its obligations under this agreement. State Audits Under Minn. Stat. § 1613.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of Grantee, or other party relevant to this grant agreement or transaction, are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. Grantee will take timely and appropriate action on all deficiencies identified by an audit. 10 Government Date Practices and Intellectual Property Rights 10.1 Government Data Practices. Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either Grantee or the State. If Grantee receives a request to release the data referred to in this section 10.1, Grantee must immediately notify the State. The State will give Grantee instructions concerning the release of the data to the requesting parry before the data is released. Grantee's response to the request shall comply with applicable law_ 10.2 Intellectual Property Rights. 10,2.1 Intellectual Property Rights. State owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks and service marks in the Works and Documents created and paid for under this agreement. "Works" means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes and disks conceived, reduced to practice, created or originated by Grantee, its employees, agents and subcontractors, either individually or_jointly with others in the performance of this agreement. Works includes Documents. "Documents" are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks or other materials, whether in tangible or electronic forms, prepared by Grantee, its employees, agents or subcontractors, in the performance of this agreement. The Documents will be the exclusive property of State, and Grantee upon completion or cancellation of this agreement must immediately return all such Documents to State. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." Grantee assigns all right, title and interest it may have in the Works and the Documents to State. Grantee must, at the request of State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents_ 10.2.2 Obligations 10.2.2.1 Notification_ Whenever any invention, improvement or discovery (whether or not patentable) is CM State Airports Fund Grant Agreement Template (Rev. 5/4122) MnDOT Contract # 1054611 made or conceived for the first time or actually or constructively reduced to practice by Grantee, including its employees and subcontractors, in the performance of this agreement, Grantce will immediately give State's Authorized Representative written notice thereof and must promptly furnish State's Authorized Representative with complete information and/or disclosure thereon. 10.2.2.2Representation. Grantee must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of State and that neither Grantee nor its employees, agents or subcontractors retain any interest in and to the Works and Documents. Grantee represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8, Grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless State, at Grantee's expense, from any action or claim brought against State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs and damages, including but not limited to, attorney fees. If such a claim or action arises, or in Grantee's or State's opinion is likely to arise, Grantee must, at State's discretion, either procure for State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of State will be in addition to and not exclusive of other remedies provided by law. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. � 176,181, Subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant agreement. All projects primarily funded by state grant appropriation must publicly credit the State of Minnesota, including on the Grantee's website when practicable. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Rarnscy County, Minnesota. 14 Termination; Suspension 14.1 Termination by the State. The State may terminate this agreement at any time, with or without cause, upon written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause. The State may immediately terminate this grant agreement if the State finds that there has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made, that fraudulent or wasteful activity has occurred, that Grantee has been convicted of a criminal offense relating to a state grant agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this agreement if: 14.3.1 It does not obtain funding from the Minnesota Legislature; or 14.3.2 If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for CM State Airports Fund Grant Ag eement Template (Rev. 5/4122) MrtDOT Contract 9 1054611 any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, detcrinincd on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State will provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 14.4 Suspension. The State may immediately suspend rhis agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Grantee during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, Grantee consents to disclosure of its social security number, federal employer tax identification number, andlor Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16 Fund Use Prohibited. The Grantee will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Grantee from utilizing these funds to pay any party who might be disqualified or debarred after the Grantee's contract award on this Project. For a list of disqualified or debarred vendors, see www.mmd.admin.state.mn.us/debarredreport.asp, 17 Discrimination Prohibited by Minnesota Statutes §181.59. Grantee will comply with the provisions of Minnesota Statutes § 181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees. 1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who arc qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or any other person authorized to grant contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 18 Limitation. Under this Agreement, the State is only responsible for receiving and disbursing funds. Nothing in this Agreement will be construed to make the State a principal, co -principal, partner, or joint venturer with respect to the Project(s) covered herein. The State may provide technical advice and assistance as requested by the Grantee, however, the Grantee will remain responsible for providing direction to its contractors and consultants and for administering its contracts with such entities. The Grantee's consultants and contractors are not intended to be third party beneficiaries of this Agreement. 19 Telecommunications Certification. By signing this agreement, Contractor certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR 200.216, Contractor will not use funding covered by this agreement to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Contractor will include this certification as a flow down clause in any contract related to this agreement. 20 Title VI/Non-discrimination Assurances. Grantee agrees to comply with all applicable US DOT Standard Title CM State Airports Fund Grant Agreement Template (Rev. 514122) MnDOT Contract # 1054611 VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-public.dot.state.mn.us/cdocs-publiefDMResultSetldownload`?docld=l 1149035. Grantee will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. State may conduct a review of the Grantee's compliance with this provision. The Grantee must cooperate with State throughout the review process by supplying all requested information and documentation to State, making Grantee staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by State. 21 Additional Provisions [Intentionally left blank.] [The remainder of this page has intentionally been left blank.] CM State Airports Fund Grant Agreement Template (Rev. 514122) MnDOT Contract # 1054611 STATE ENCUMBRANCE VERIFICATION Individual cerfes that funds have been encumbered as required by Minn. Stat. § 16A.15 and § 16C 05, Signed: Date SWIFT Contract/PO No(s)- GRANTEE The Granlee certifies that the appropii❑te person(s) have executed the grant agreement on behalfof the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date Title: Date - 173T7.14—INDQi-iLT�iri7►►�T7 Ci7ai By: (with delegated authority) Title: Date:. DEPARTMENT OF TRANSPORTATION CONTRACT MANAGEMENT By: Date: CM State Airports Fund Grant Agreement Template (Rev. 514122) Rev. 9102 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF AERONAUTICS 222 EAST PLATO BOULEVARD ST. PAUL, MINNESOTA 55107-1 G 18 TELEPHONE NUMBER. (651) 234-7200 CREDIT APPLICATION TO THE DIRECTOR, OFFICE OF AERONAUTICS.' Itemized statement of cash expenditures for which credit is claimed: For period beginning 120 Airport Namc State Project No. Federal Project No. MnIDOT Agreement No. ending 20 Warrant Number Date Issued Name or Description Unit Rate Total Time or Quantity Amount Total Expenditures *FINAL/PARTIAL (CIRCLE ONE) 01'E: PLEASE SEPARATE ENGINEERING COSTS FROM OTHER COSTS. Municipality By Title *FOR ALL ITEMS INCLUDED IN THIS AGREEMENT (Complete Form On Reverse Side) STATE OF COUNTY OF , being first duly sworn, deposes and says that he/she is the of the Municipality of , in the County of , State of Minnesota; that he/she has prepared the foregoing Credit Application, Mows the contents thereof, that the same is a true and accurate record of disbursements made, and that the same is true of his/her own knowledge, and that this application is made by authority of the municipal council (or board) of said Municipality. Signature Subscribed and sworn to before me this day of , 24 NOTARY PUBLIC My Coinmission Expires: DEPARTMENT OF TRANSPORTATION Office of Aeronautics 395 John Ireland Blvd. St. Paul, MN 55155 August 10, 2023 Mike Stifter — Public Works Director City of Hutchinson 1400 Adams St SE Hutchinson, MN 55350 Subject: Hutchison Municipal Airport Project S.P. A4304-42; AIP 22-23 Reconstruct Airfield Guidance Signs; Reconstruct Runway Lights; Reconstruct Taxiway Connector Lights State Grant Contract for Signature Dear Mr. Stifter: Enclosed is a copy of the Grant Agreement for the project described above, along with a form for certifying a Resolution authorizing signatures. If acceptable, please acquire signatures on both documents and email them to me for further processing. Once the agreement is fully executed, a copy will be emailed to you for your files. It is important to return all 14 pages of the Grant Contract in one PDF document. If you have any questions regarding this matter, please call me. Sincerely, Digitally signed by Ran Dan Boerner """"" Date: 202108.10 08:33A9 -asoo' Daniel Boerner Regional Airport Engineer dan.boerner@state.n-in.us state.mn.us E-mail Attachments HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PVHPOSE MnDOT Aeronautics Grant - Hangar project Agenda Item: Department: Public Works/Engineering LICENSE SECTION Meeting Date: 8/22/2023 Application Complete NIA Contact: John Olson/Mike 5tifter Agenda Item Type: Presenter: John Olson/Mike 5tifter Reviewed by Staff F/1 Consent Agenda Time Requested (Minutes): License Contingency NIA Attachments: Yes BA CKGROLINDIEXPLANATION OF AGENDA ITEM: FAA - AIG program approved the hangar project that the City had applied for. The attached agreement allows for pass -through of Federal funds, described as - Multi -bay hangar (2 large units) Design Engineering 60,000 Construction Engineering 95,000 Construction 596,192 Clty Administration 1,000 Project costs 752,192 FAA - AIG funds 304,000 FAA - AIG funds (future) 372,973 total FAA funds = 676,973 Clty-Mist infrastructure fund 75,219 Project Funding 752,192 Future AIG funds: 2024 = $145,000" 2025 = $145,000, 2026 = $82,973 Grants will be applied for in each of the coming three years BOARD ACTION REQUESTED: Approve/deny Resolution 15626 and name Clty Administrator Jaunich and Mayor Forcier as signatories to the grant agreement. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: N/A My4; DEPARTMENT OF TRANSPORTATION August 15, 2023 Mike Stifter — Public Works Director City of Hutchinson 1400 Adams St SE Hutchinson, MN 55350 Subject: Hutchison Municipal Airport Project S.P. A4304-40; AIP 21-23 Construct Two -Bay Hangar State Grant Contract for Signature Dear Mr. Stifter: Office of Aeronautics 395 John Ireland Blvd. St. Paul, MN 55155 Enclosed is a copy of the Grant Agreement for the project described above, along with a form for certifying a Resolution authorizing signatures. If acceptable, please acquire signatures on both documents and email them to me for further processing. Once the agreement is fully executed, a copy will be emailed to you for your files. It is important to return all 10 pages of the Grant Contract in one PDF document. If you have any questions regarding this matter, please call me. Sincerely, Dan Digitally signed by Dan Boerner Date:2023.08.15 Boerner 09:48:23-05'00' Daniel Boerner Regional Airport Engineer dan.boerner@state.mn.us E-mail Attachments Rev. l /07 RESOLUTION 15626 AUTHORIZATION TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT FOR AIRPORT IMPROVEMENT EXCLUDING LAND ACQUISITION It is resolved by the City of Hutchinson as follows: 1. That the state of Minnesota Agreement No. 1054622, "Grant Agreement for Airport Improvement Excluding Land Acquisition," for State Project No. A4304-40 at the Hutchinson Municipal Airport is accepted. 2. That the (Title) and (Title) authorized to execute this Agreement and any amendments on behalf of the Citv of Hutchinson. CERTIFICATION STATE OF MINNESOTA COUNTY OF are I certify that the above Resolution is a true and correct copy of the Resolution adopted by the (Name of the Recipient) at an authorized meeting held on the 22nd day of August, 2023 as shown by the minutes of the meeting in my possession. Signature: (Clerk or Equivalent) CORPORATE SEAL /OR/ NOTARY PUBLIC My Commission Expires; MDEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA STATE AIRPORTS FUND GRANT AGREEMENT MnDOT Contract No. 1054622 This agreement is between the State of Minnesota. acting through its Commissioner of Transportation ("State"), and the City of Hutchinson, 1400 Adams St SE, Hutchinson, MN 55350 ("Grantee"). RECITALS 1. Minnesota Statutes Chapter 360 authorizes State to provide financial assistance to eligible airport sponsors for the acquisition, construction, improvement, marketing, maintenance, or operation of airports and other air navigation facilities. 2. Grantee owns, operates, controls, or desires to own an airport ("Airport") in the state system, and Grantee desires financial assistance from the State for an airport improvement project ("Project"). 3. Grantee represents that it is duly qualified and agrees to perform all services described in this agreement to the satisfaction of the State. Pursuant to M_inn.Stat.; 161:3.9K, Subd.], Grantee agrees to minimize administrative costs as a condition of this agreement. AGREEMENT TERMS 1 Term of Agreement, Survival of Terms, and Incorporation of Exhibits 1.1 Effective Date. This agreement will be effective on the date the State obtains all required signatures under Minh. Sta. � 16B. t98 Subd. 5. As required by Minn.Stat.§ 1613.98 Subd. 7, no payments will be made to Grantee until this agreement is fully executed. Grantee must not begin work under this agreement until this agreement is fully executed and Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration Date. This agreement will expire on December 31, 2027, or when all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this agreement, including, without limitation, the following clauses: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 11. Workers Compensation; 12. Publicity and Endorsement; 13, Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 1 A Plans, Specifications, Descriptions. Grantee has provided the State with the plans, specifications, and a detailed description of the Project (State Project A4304-40), which are on file with the State's Office of Aeronautics and are incorporated into this Agreement by reference. 1.5 Exhibits. Exhibit A (Credit Application Form) is attached and incorporated into this agreement. Grantee's Duties 2.1 Grantee will complete the Project in accordance with the plans, specifications, and detailed description of the Project, which are on file with the State's Office of Aeronautics. Any changes to the plans or specifications of the Project after the date of this Agreement will be valid only if made by written change order signed by the Grantee and the State. Subject to the availability of funds, the State may prepare an amendment to this Agreement to reimburse the Grantee for the allowable costs of qualifying change orders. 2.2 If the Project involves construction, Grantee will designate a registered engineer to oversee the Project work. If, with the State's approval, the Grantee elects not to have such services performed by a registered engineer, then the Grantee will designate another responsible person to oversee such work. 2.3 Grantee will notify State's Authorized Representative in advance of any meetings taking place relating to the Project. 2.4 Grantee will comply with all required grants management policies and procedures set forth through Id inn.5M I.6B.97, Subd. 4 (a) (1). 2.5 Asset Monitoring. If Grantee uses funds obtained by this agreement to acquire a capital asset, the Grantee is required to use that asset for a public aeronautical purpose for the normal useful life of the asset. Grantee may not sell or change the purpose of use for the capital asset(s) obtained with grant funds under this agreement without the prior written consent of the State and an agreement executed and approved by the same parties who executed and approved this agreement, or their successors in office. CM State Airports Fund Grant Agreement Template (Rev. 5/4/22) MnDOT Contract # 1054622 2,6 Airport Operations, Maintenance, and Conveyance. Pursuant to Minnesota Statutes Section 360,305, subdivision 4 (d) (1), the Grantee will operate the Airport as a licensed, municipally -owned public airport at all times of the year for a period of 20 years from the date the Grantee receives final reimbursement under this Agreement. The Airport must be maintained in a safe, serviceable manner for public aeronautical purposes only. Without prior written approval from the State, Grantee will not transfer, convey, encumber, assign, or abandon its interest in the airport or in any real or personal property that is purchased or improved with State funds. If the State approves such a transfer or change in use, the Grantee must comply with such conditions and restrictions as the State may place on such approval. The obligations imposed by this clause survive the expiration or termination of this Agreement. 3 Time 3,1 Grantee must comply with all the time requirements described in this agreement. In the performance of this grant agreement, time is of the essence. 4 Cost and Payment 4.1 Cost Participation. Costs for the Project will be proportionate and allocated as follows: Item DescriMion Federal Share State Share Gnarilee Share Construct Two -Bay Hangar 90% 5% 5% Federal Committed: $ 304,000.00 Federal Multiyear: _% 0.00 State: S 16.888.00 Grantee: S 16,888.00 The federal multiyear amount is an estimate only. These funds are not committed and are only available after being made so by the U.S. Government. Federal funds for the Project will be received and disbursed by the State. In the event federal reimbursement becomes available or is increased for the Project, the State will be entitled to recover from such federal funds an amount not to exceed the state funds advanced for this Project. No more than 95% of the amount due under this Agreement will be paid by the State until the State determines that the Grantee has complied with all terms of this Agreement and furnished all necessary records. 4.2 Blank. 4.3 Sufficiency of Funds. Pursuant to Minnesota Rules 8800.2500, the Grantee certifies that (1) it presently has available sufficient unencumbered funds to pay its share of the Project; (2) the Project will be completed without undue delay; and (3) the Grantee has the legal authority to engage in the Project as proposed. 4.4 Total Obligation. The total obligation of the State for all compensation and reimbursements to Grantee under this agreement will not exceed $ 16,888,00. 4.5 Payment 4.5.1 Invoices. Grantee will submit invoices for payment by email. Exhibit A, which is attached and incorporated into this agreement, is the form Grantee will use to submit invoices. The State's Authorized Representative, as named in.this agreement, will review each invoice against the approved grant budget and grant expenditures to -date before approving payment. The State will promptly pay Grantee after Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices will be submitted timely and according to the following schedule: Reimbursement request schedule: continuous as needed. 4.5.2 All Invoices Subject to Audit. All invoices are subject to audit, at State's discretion. 4.5.3 State's Payment Requirements. State will promptly pay all valid obligations under this agreement as required by Minnesota Statutes § 16A.124. State will make undisputed payments no later than 30 days after receiving Grantee's invoices for services performed. If an invoice is incorrect, defective or otherwise improper, State will notify Grantee within ten days of discovering the error. After State receives the corrected invoice, State will pay Grantee within 30 days of receipt of such invoice. 4.5.4 Grantee Payment Requirements. Grantee must pay all contractors under this agreement promptly. Grantee will make undisputed payments no later than 30 days after receiving an invoice. If an invoice is incorrect, defective, or otherwise improper, Grantee will notify the contractor within ten days of discovering the error. After Grantee receives the corrected invoice, Grantee will pay the contractor within 30 days of CM State Airports Fund Grant Agreement Template (Rev. 5/4/22) MnDOT Contract # 1054622 receipt of such invoice. 4.5.5 Grant Monitoring Visit and Financial Reconciliation. During the period of performance, the State will make at least annual monitoring visits and conduct annual financial reconciliations of Grantee's expenditures. 4.5.5.1 The State's Authorized Representative will notify Grantee'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 Grantee staff members should be present. Grantee will be provided notice prior to any monitoring visit or financial reconciliation. 4.5.5.2 Following a monitoring visit or financial reconciliation, Grantee will take timely and appropriate action on all deficiencies identified by State. 4.5.5.3 At least one monitoring visit and one financial reconciliation must be completed prior to final payment being made to Grantee. 4.5.6 Closeout. The State will determine, at its sole discretion, whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with grant funds will continue following grant closeout. 4.5.7 Closeout Deliverables. At the close of the Project, the Grantee must provide the following deliverables to the State before the final payment due under this Agreement will be released by the State: (1) Electronic files of construction plans as a PDF and in a MicroStation compatible format; and (2) Electronic files of as- builts as a PDF and in a MicroStation compatible format. (3) Electronic files of planning documents (Airport Layout Plans — ALP) and Airport Zoning as a PDF and in a MicroStation compatible format and in GIS. 4.6 Contracting and Bidding Requirements. Prior to publication, Grantee will submit to State all solicitations for work to be funded by this Agreement. Prior to execution, Grantee will submit to State all contracts and subcontracts funded by this agreement between Grantee and third parties. State's Authorized Representative has the sole right to approve, disapprove, or modify any solicitation, contract, or subcontract submitted by Grantee. All contracts and subcontracts between Grantee and third parties must contain all applicable provisions of this Agreement. State's Authorized Representative will respond to a solicitation, contract, or subcontract submitted by Grantee within ten business days. Conditions of Payment All services provided by Grantee under this agreement must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. In addition, Grantee will not receive payment for Airport's failure to pass periodic inspections by a representative of the State's Office of Aeronautics. Authorized Representatives 6.1 The State's Authorized Representative is: Daniel Boemer, Central Region Airport Engineer, 395 John Ireland Blvd, St Paul MN, 55155-1800, Phone 612-427-3858, dan.boerner@state.mn.us, or his/her successor. State's Authorized Representative has the responsibility to monitor Grantee's performance and the authority to accept the services provided under this agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 6.2 Blank 6.3 Grantee's Authorized Representative is: Mike Stifter, Public Works Director, 1400 Adams St SE, Hutchinson, MN 55350, Phone 320-234-4219, mstifter@hutchinsommn.gov. If Grantee's Authorized Representative changes at any time during this agreement, Grantee will immediately notify the State. Assignment Amendments, Waiver, and Grant Agreement Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 7.2 Amendments. Any amendments to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors CM State Airports Fund Grant Agreement Template (Rev. 5/4/22) MnDOT Contract # 1054622 in office. 7.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or the State's right to subsequently enforce it. 7.4 Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State and Grantee. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 7.5 Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. T6 Certification. By signing this Agreement, the Grantee certifies that it is not suspended or debarred from receiving federal or state awards. Liability In the performance of this agreement, and to the extent permitted by law, Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement by Grantee or Grantee's agents or employees. This clause will not be construed to bar any legal remedies Grantee may have for the State's failure to fulfill its obligations under this agreement. State Audits Under Minn. Stat. § 1613.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of Grantee, or other party relevant to this grant agreement or transaction, are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. Grantee will take timely and appropriate action on all deficiencies identified by an audit. 10 Government Date Practices and Intellectual Property Rights 10.1 Government Data Practices. Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this agreement. The civil remedies of Minn. Stat. ' 13.08 apply to the release of the data referred to in this clause by either Grantee or the State. If Grantee receives a request to release the data referred to in this section 10.1, Grantee must immediately notify the State. The State will give Grantee instructions concerning the release of the data to the requesting party before the data is released. Grantee's response to the request shall comply with applicable law. 10.2 Intellectual Property Rights. 10.2.1 Intellectual Property Rights. State owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks and service marks in the Works and Documents created and paid for under this agreement. "Works" means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes and disks conceived, reduced to practice, created or originated by Grantee, its employees, agents and subcontractors, either individually or jointly with others in the performance of this agreement. Works includes Documents. "Documents" are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks or other materials, whether in tangible or electronic forms, prepared by Grantee, its employees, agents or subcontractors, in the performance of this agreement. The Documents will be the exclusive property of State, and Grantee upon completion or cancellation of this agreement must immediately return all such Documents to State. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." Grantee assigns all right, title and interest it may have in the Works and the Documents to State. Grantee must, at the request of State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents. 10.2.2 Obligations 10.2.2.1 Notification. Whenever any invention, improvement or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by Grantee, including its employees and subcontractors, in the performance of this agreement, Grantee will CM State Airports Fund Grant Agreement Template (Rev. 5/4/22) MnDOT Contract # 1054622 immediately give State's Authorized Representative written notice thereof and must promptly furnish State's Authorized Representative with complete information and/or disclosure thereon. 10.2.2.2Representation. Grantee must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of State and that neither Grantee nor its employees, agents or subcontractors retain any interest in and to the Works and Documents. Grantee represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8, Grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless State, at Grantee's expense, from any action or claim brought against State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs and damages, including but not limited to, attorney fees. If such a claim or action arises, or in Grantee's or State's opinion is likely to arise, Grantee must, at State's discretion, either procure for State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of State will be in addition to and not exclusive of other remedies provided by law. 1 1 Workers Compensation The Grantee certifies that it is in compliance with Minn. Slat. g176.181, Subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant agreement. All projects primarily funded by state grant appropriation must publicly credit the State of Minnesota, including on the Grantee's website when practicable. 12,2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination; Suspension 14,1 Termination by the State. The State may terminate this agreement at any time, with or without cause, upon written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause. The State may immediately terminate this grant agreement if the State finds that there has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made, that fraudulent or wasteful activity has occurred, that Grantee has been convicted of a criminal offense relating to a state grant agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this agreement if: 14.3.1 It does not obtain funding from the Minnesota Legislature; or 14.3.2 If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent CM State Airports Fund Grant Agreement Template (Rev. 5/4/22) MnDOT Contract # 1054622 that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State will provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 14.4 Suspension. The State may immediately suspend this agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Grantee during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 15 Data Disclosure Under Minis. Stat. § �'70C.65, Subd. 3, and other applicable law, Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16 Fund Use Prohibited. The Grantee will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Grantee from utilizing these funds to pay any party who might be disqualified or debarred after the Grantee's contract award on this Project. For a list of disqualified or debarred vendors, see www.mmd.admin.state.mn.us/debarredreport.asp. 17 Discrimination Prohibited by Minnesota Statutes §181.59. Grantee will comply with the provisions of Minnesota Statutes § 181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or any other person authorized to grant contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 18 Limitation. Under this Agreement, the State is only responsible for receiving and disbursing funds. Nothing in this Agreement will be construed to make the State a principal, co -principal, partner, or joint venturer with respect to the Project(s) covered herein. The State may provide technical advice and assistance as requested by the Grantee, however, the Grantee will remain responsible for providing direction to its contractors and consultants and for administering its contracts with such entities. The Grantee's consultants and contractors are not intended to be third party beneficiaries of this Agreement. 19 Telecommunications Certification. By signing this agreement, Contractor certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR 200.216, Contractor will not use funding covered by this agreement to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Contractor will include this certification as a flow down clause in any contract related to this agreement. 20 Title VI/Non-discrimination Assurances. Grantee agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: htt s:L!edocs-pubtic.dut.state tnn.us/eilocs public/DMResultSet/do��nlo,�d?doclrl—1 1 149035. VM Stutr Airports FLind Grant Agreemcni Template (Rev. 5/41221 MnDOT Contract # 1054622 Grantee will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. State may conduct a review of the Grantee's compliance with this provision. The Grantee must cooperate with State throughout the review process by supplying all requested information and documentation to State, making Grantee staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by State. 21 Additional Provisions [Intentionally left blank.] [The remainder of this page has intentionally been left blank.] CM State Airports Fund Grant Agreement Template (Rev. 5/4/22) MnDOT Contract # 1054622 STATE ENCUMBRANCE VERIFICATION lndiwdsral eertiTes thutfundr hare been encumberedas required by Minn. Slat. j 16A.15 and S 16C.175. Signed: Date: SWIFT Contract PO NCO)_ GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaivs. resolutions, or ordinances. By: Title: Date: By:_ Title Date CM State Airports Fund Grant Agreement Template (Rev. 5/4/22) DEPARTMENT OF TRANSPORTATION By: -- (with delegated authority) Title: Date: DEPARTMENT OF TRANSPORTATION CONTRACT MANAGEMENT RV, Date: 8 Rev. 9/02 MINNESOTA DEPARTMENT OF TRANSPORTATION Airport Name OFFICE OF AERONAUTICS 222 EAST PLATO BOULEVARD State Project No. ST. PAUL, MINNESOTA 55107-1618 TELEPHONE NUMBER: (651) 234-7200 Federal Project No. CREDIT APPLICATION MnIDOT Agreement No. TO THE DIRECTOR, OFFICE OF AERONAUTICS: Itemized statement of cash expenditures for which credit is claimed: For period beginning -- _ _ 120 ; ending _ , 20 Warrant Date Name or Description Unit Rate Totai Time Amount Number Issued or Quantity Total Expenditures *FINALIPARTIAL (CIRCLE ONE) NOTE PLEASE SEPARATE ENGINEERING COSTS FROM OTHER COSTS. Municipality BY — — Title _ *FOR ALL ITEMS INCLUDED IN THIS AGREEMENT (Complete Form On Reverse Side) STATE OF COUNTY OF being first duly sworn, deposes and says that he/she is the of the Municipality of , in the County of State of Minnesota; that he/she has prepared the foregoing Credit Application, knows the contents thereof, that the same is a true and accurate record of disbursements made, and that the same is true of his/her own knowledge; and that this application is made by authority of the municipal council (or board) of said Municipality. Signature Subscribed and sworn to before me this —__ day of 20 NOTARY PUBLIC My Commission Expires: HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ❑N PURPOSE. July 2023.Financial and Investment Reports Agenda Item: Department: Finance LICENSE SECTION Meeting Date: 8/22/2023 Application Complete NIA Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff M Governance Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROdNVD/EXPLANATION OF AGENDA ITEM: For Council review, attached are the July Financial Reports for the general fund and enterprise funds. Also attached is the July Investment Report. Feel free to contact me with any questions. Thank you. BOARD ACTION REQUESTED: Fiscal Impact: Funding Source: FTE Impact: Budget Change: Govern; Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING JULY 31, 2023 2023 2022 2023 ACTUALS 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT JULY YTD BUDGET BALANCE USED ACTUAL BUDGET USED General Fund Taxes 12,405 3,140,678 5,846,751 2,706,073 53.7 2,961,833 5,617,556 52.7 Other Taxes 63,847 157,733 330,000 172,267 47.8 155,670 320,000 48.6 Licenses & Permits 26,156 223.170 442.100 218,930 50.5 344.138 443.600 77.6 Intergovernmental Revenue 1,381,278 1,408.356 1.793.941 385,585 78.5 1.375.944 1.744,821 78.9 Charges for Services 305,228 1.639.534 2.872.306 1.232,774 57.1 1,535.640 2.816.325 54.5 Miscellaneous Revenues 30,239 271,438 289,800 18,362 93.7 181,095 256,500 70.6 Transfers -In 476,134 1.428.402 2.724.536 1,296,134 52.4 1.400.394 2,710,191 51.7 Fines & Forfeitures 4,520 29,944 55,000 25,056 54.4 26.138 55,000 47.5 Capital Contributions - - - - - - - - TOTAL REVENUES 2,299,808 8,299,255 14,354,436 6,055,181 57.8 7,980,850 13,963,993 57.2 Wages & Benefits 922,784 5,372,800 9,672,602 4,299,802 55.5 5,241,994 9,443,650 55.5 Supplies 95,563 620,245 986,823 366,578 62.9 525,740 934,515 56.3 Services & Charges 346,354 1,555.337 2,827.689 1.272,552 55.0 1,569.118 2.756,429 56.9 Miscellaneous Expenses 48,187 188.789 373.500 184,711 50.5 200.134 714,086 28.0 Transfers -Out - 56,811 488,622 431,811 11.6 55,157 110,313 50.0 Capital Outlay - 24,718 5,000 (19,718) 494.4 9,604 5,000 1921. TOTAL EXPENDITURES 1,414,889 7,818,699 14,354,436 6,535,737 54.5 7,601,746 13,963,993 54.4 NET REVENUE 884,919 480,556 - (490,556) 379,105 - Comments Licenses & Permits Building permit revenue has slowed in 2023, down $123.000 compared to last year at this time. Miscellaneous Revenues interest Earnings is $95,000 higher this year due to the increased rates of returns on new investments purchased since last fall. The rapid increase in the federal lending rate since last summer is the driver behind the higher returns. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING JULY 31, 2023 2023 ACTUALS JULY General Fund Expense by Department YTD 2023 2022 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED Mayor & City Council 2,834 21,087 50,087 29,000 42.1 21,108 50,077 42.2 C I ty Ad m I ni strator 36,651 264,195 486,246 222,051 54.3 297,651 482,617 61.7 Elections - - - - - 8,851 18,700 47.3 Finance Department 39,499 247,928 406,320 158,392 61.0 241,646 404,170 59.8 Motor Vehicle 26,950 175.568 299.947 124,379 58.5 165.634 296,160 55.9 Assessing - - 61,478 61,478 - - 61,205 - Legal 19,697 162,485 325,697 163,212 49.9 168.941 328,734 51.4 Planning 13,227 93,378 170,925 77,547 54.6 90,786 170,514 532 Information Services 42,505 315,537 584,601 269,064 54.0 324,115 598,135 542 City Hail Building 17,376 108,435 201,625 93,190 53.8 99,025 193,849 51.1 Police Department 294,123 2,151,774 3,711,079 1,559,305 58.0 1,991,779 3,497,529 56.9 Hospital Security 26.427 196.173 373.964 177,791 52.5 190.581 361,679 52.7 Emergency Management 117 10,479 16,980 6,501 61.7 5,368 16,980 31.6 Safety Committee - 11,813 12,000 187 96.4 9,827 11.370 86.4 Fire Department 70,634 254,273 410,444 156,171 62.0 207,642 411,094 50.5 Protective Inspections 29,169 188,751 359,241 170.490 52.5 183.508 334,179 54.9 Engineering 37,149 234,974 505,473 270,499 46.5 277,006 441,310 62.8 Streets & Alleys 217.628 984,363 1,677,692 693,329 58.7 889,533 1,630,466 54.6 Park/Recreation Administration 18.635 152,201 263,811 111,610 57.7 150,656 249,716 60.3 Recreation 21,754 150,347 232,197 81,850 64.7 132,748 278,533 47.7 Senior Citizen Center 2,822 34,313 84.661 50,548 40A 56.567 96,796 58.4 Civic Arena 29,114 216,937 407,734 190,797 53.2 178,091 411,332 43.3 Park Department 111,553 663.008 1.145.736 462,728 57.9 621.580 1.072,754 57.9 Recreation Building 25,404 150,623 281,230 130,607 53.6 137,447 265,600 51.7 Events Center 10.789 89,724 171,156 81,432 52.4 169,261 261,357 64.8 Evergreen Building 3,683 17,210 34,880 17,670 49.3 19,623 31,375 62.5 Library 6,054 120,071 244,216 124,145 49.2 115,326 230,492 50.0 Waterpark 138,856 280,275 457,647 177,372 612 325,465 396,659 82.1 Cemetery 14,256 86,007 151,085 65,078 56.9 75,420 145,838 51.7 Airport 13,375 97,331 143,905 46,574 67.6 87,692 145,123 60.4 Unallocated General Expense 144,607 339.439 1.082.179 742,740 31.4 358.871 1.069,650 33.6 TOTAL EXPENDITURES 1,414.889 7.818,699 14,354,436 6,535,737 54.5 7.601,747 13,963,993 54.4 Liquor Fund Sales Miscellaneous Revenues TOTAL REVENUES Cost of Sales Wages & Benefits Supplies Services & Charges Miscellaneous Expenses Transfers -Out Capital Outlay Depreciation Expense TOTAL EXPENDITURES NET REVENUE REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING JULY 31, 2023 2023 ACTUALS JU LY YTD 2023 2022 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED 726,474 4,227,915 7,281,000 3,053,085 58.1 4,062,434 7,424,000 54.7 108 1,484 10,500 9,016 14.1 1,541 3,000 51.4 726,581 4,229,399 7,291,500 3,062,101 58.0 4,063,975 7,427,000 54.7 528,425 3.206.109 5.504.000 2.297,891 58.3 3,076.789 5,666,000 54.3 69,433 495,768 904.864 409,096 54.8 459.197 812,108 56.5 1.733 15.653 25,500 9,847 61A 12,487 21,100 59.2 32,607 159,494 298,750 139,256 53.4 181,653 285,550 63.6 5,875 5,945 6,700 755 88.7 5,905 6,700 88.1 - - 550.000 550,000 - - 550,000 - 8,204 15,000 6,796 54.7 42,318 15,000 282.1 61,000 61,000 - 70,700 - 638,073 3,891,171 7,365,814 3,474,643 52.8 3,778,350 7,427,158 50.9 88,508 338,228 (74,314) (412,542) 285,625 (158) Year to Date Sales July Sales Comments 2023 2022 Change 2023 2022 Change Liquor Sales Revenue: Liquor 1,575,358 1,463,227 7.7% 256,046 237,360 7.9°% Beer 2,001,796 1,978,237 1.2% 350,402 368,742 -5.0% Wine 531,600 516,431 2.9% 97,623 97,391 0.2% Other 115,978 104,539 10.9% 20,785 22,419 -7.3% Total Sales 4,224,732 4,062,434 4.0% 724,856 725,912 -0.1% Gross Profit $1,018,624 $985.645 $198.048 $159.777 Gross Margin on Sales 24.1% 24.3% -0.2% 27.3% 22.0°% 5.3% Customer Count 137.020 135.909 0.8% 22,476 22.906 -1.9% Average Sale per Customer $30.83 $29.89 3.2% $32.25 $31.69 1.8% Labor to Sales Ratio 11.7% 11.3% 0.4% 9.6% 13.2% -3.6% REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING JULY 31, 2023 2023 2022 2023 ACTUALS 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT JULY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Water Fund Sales 194,002 870,730 1,840,000 969,270 47.3 985,126 1,715,000 57.4 Safes - Other 101,268 608,995 614,000 5,005 99.2 347,901 549,950 63.3 Local Sales Tax 81,760 495.567 1.012.000 516,433 49.0 428,868 812.000 52.8 Charges for Services 5,991 62,260 71,685 9,425 86.9 57,894 71,685 80.8 Miscellaneous Revenues 17.326 80.731 44,500 (36,231) 181.4 23,406 42,000 55.7 Capital Contributions - - - - - - - - TOTAL REVENUES 400,347 2,118,284 3,532,185 1,463,901 59.1 1,843,196 3,190,635 57.8 Wages & Benefits 58,357 341,216 579,848 238,632 58.8 319,958 579,241 55.2 Supplies 7.427 119.796 185.600 66,004 64.5 116.892 168,150 69.5 Services & Charges 36,046 237,506 561,885 324,379 42.3 241,049 507,750 47.5 Miscellaneous Expenses 50 9,010 13,500 4,490 66.7 693 13,500 5.1 Transfers -Out - - 70,000 70,000 - - 70,000 - CapitalOutlay 14,847 169.690 902.676 733,186 18.8 185.194 998,450 18.5 Depreciation Expense - - 1.090.000 1,090,000 - - 1.132,000 - Debt Service 22,919 137,172 1,371,173 1,234,001 10.0 232,760 1,455,433 15.9 TOTAL EXPENDITURES 139,646 1,014,390 4,775,082 3,760,692 21.2 1,096,545 4,934,524 22.2 NET of REVENUES & EXPENDITURES 260,701 1,103,894 (1,192,897) (2,296,791) 746,651 (1,743,889) Year to Date Wafer Sales Comments 2023 2022 Change Water Sales Revenue- Residential 565,173 665,618 -15.1°% Commercial 160,462 182,787 -12.2°% industrial 145.096 136,722 6.1 % Water Sales 870,730 985,126 -11.61 Base Charge 450,087 258,919 73.8% Water Connection Charge 40.250 36,015 11.6 % Other 118.658 52,967 124.0°% Other Sales 608,995 347,901 7&0I The new rate structure shifts more collection of the Facility's fixed costs through the Base Charge as opposed to the usage charge. This is evident with the drop in usage revenue for Residential and Commercial with the corresponding increase to the Base Charge. The goal was a revenue neutral impact with the new rate structure. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING JULY 31, 2023 2023 2022 2023 ACTUALS 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT JULY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Wastewater Fund Sales 333,692 1,746,483 2,750,000 1,003,517 63.5 1,711,171 2,755,000 62.1 Safes - Other 84,655 558,907 549,000 (9,907) 101.8 269,997 559,300 48.3 Local Sales Tax 65,700 398.325 810.000 411,675 49.2 428.868 812.000 52.8 Licenses & Permits - 5,800 6,000 200 96.7 6.000 6,500 92.3 Charges for Services 520 2,130 7,500 5,370 28.4 4,120 7,500 54.9 Miscellaneous Revenues 25,616 127,731 93,500 (34,231) 136.6 40,241 90,000 44.7 Capital Contributions - - - - - - - - TOTAL REVENUES 510,183 2,839,376 4,216,000 1,376,624 67.3 2,460,398 4,230,300 58.2 Wages & Benefits 69,135 443.914 813.235 369,321 54.6 435.048 776.934 56.0 Supplies 13,063 127,018 279,200 152,182 45.5 126,168 246,500 512 Services & Charges 42,742 355,088 855,920 5D0,832 41.5 368,091 769,000 47.9 Miscellaneous Expenses 60 19,155 36,000 16,645 53.2 19,246 40,000 48.1 Transfers -Out - - 80,000 80,000 - - 80.000 - Capital Outlay 6,881 567,116 1.638.085 1.070,969 34.6 2.335.107 984,400 237.2 Depreciation Expense - 1,136,000 1,136,00❑ - - 1,182,00❑ - Debt Service 67,744 560,006 1,557,895 997,889 35.9 531.165 1,526,311 34.8 TOTAL EXPENDITURES 199.625 2,072,297 6,396,335 4,324,038 32.4 3,814,824 5,605,145 68.1 NET of REVENUES & EXPENDITURES 310,659 767,078 (2,180,335) (2,947,413) (1,354,426) (1,374,845) Year to Date Sewer Sales Comments 2023 2022 Change Wastewater Sales Revenue: Residential 975,297 032,479 4.6% Commercial 289,786 239,689 20.9% Industrial - Flow 247,880 276,610 -10.4°% Industrial - Violation Surcharges 203,04U 262,393 -22.6% Sewer Sales 1,715,963 1,711,171 0.31 Base Charge 481.694 223,522 115.6% Sewer Connection Charge 50,600 35,075 44.3% Other 26.412 11.400 131.7% Other Sales 558,907 269,997 107.01 REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING JULY 31, 2023 2023 2022 2023 ACTUALS 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT JULY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Refuse Fund Sales 109,360 755,052 1,285,000 529,948 58.8 744,144 1,267,000 58.7 Safes - Other 3,818 26,378 45,000 18,622 58.6 25,875 44,800 57.8 Intergovemmental Revenue 6,675 27,044 12,500 (14,54-4) 216.3 2,592 12.500 20.7 Miscellaneous Revenues 6,142 32,294 15,000 (17,294) 215.3 8,867 15,000 59.1 TOTAL REVENUES 126,996 840,767 1,367,600 616,733 61.9 781,478 1,339,300 68.3 Wages & Benefits 23,869 139.161 343.101 203,940 40.6 111.589 259,732 43.0 Supplies 1,974 23,854 62,850 38,996 38.0 28,753 59,900 48.0 Services & Charges 66,824 488,454 897,590 409,136 54.4 445,818 848,350 52.6 Miscellaneous Expenses 625 832 750 (82) 110.9 253 1,000 25.3 Transfers -Out - - 55,000 55,000 - - 55,000 - CapitalOutlay 6,538 1,018,482 1,011,944 0.6 95,565 1,207,500 7.9 Depreciation Expense - 172,000 172,000 - - 169,000 - TOTAL EXPENDITURES 93,293 658,839 2,549,773 1,890,934 25.8 681,978 2,600,482 26.2 NET of REVENUES & EXPENDITURES 32,703 181,928 (1,192,273) (1,374,201) 99,600 11,261,182) REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING JULY 31, 2023 2023 2022 2023 ACTUALS 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT JULY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Compost Fund Sales - 1,968,900 2,939,400 970,500 67.0 2,517,473 2,706,000 93.0 Charges for Services - 605 97,000 96,395 0.6 2,743 87,000 32 Miscellaneous Revenues 9.982 47,269 32,000 (15,269) 147.7 17,965 32,000 56.1 TOTAL REVENUES 9,982 2,016,774 3,068,400 1,051,626 65.7 2,538,481 2,825,000 89.8 Cost of Sales 18,610 1.364.539 2.158.000 793,461 63.2 1,743.916 1.837,000 94.9 Inventory Cost Adjustment (266.230) (657.750) (391,520) 40.5 (391.593) (712,500) 55.0 Wages & Benefits 65,D79 437,370 838,147 400,777 52.2 427,676 808,198 52.9 Supplies 7,719 46,597 162,500 115,903 28.7 78,196 129,000 60.6 Services & Charges 27,312 129.139 304.980 175,841 42.3 113.547 304,850 37.2 Miscellaneous Expenses 3,274 6,030 11,000 4,970 54.8 7,142 11,000 64.9 Transfers -Out - - 120,000 120,000 - - 120,000 - CapitalOutlay 585 5,873 349,652 343,779 1.7 33,100 221,000 15.0 Depreciation Expense - - 290.000 290,000 - 365 278,000 0.1 Debt Service - 69,646 73,808 4,162 94.4 68,338 73,808 92.6 TOTAL EXPENDITURES 122,579 1,792,965 3,660,337 1,857,372 49.1 2,080,686 3,070,356 67.8 NET of REVENUES & EXPENDITURES (112,597) 223,809 (581,937) (805,746) 457,495 (245,356) Year to Date Sales Comments 2023 2022 Change Compost Sales Bagged 1,763,147 2,028,133 -13.1% Bulk 83,718 190.009 -55.9% Other (Freight) 122.035 299.331 -59.2% Total Sales 1,968,900 2,517,473 -21.8 % Gross Profit 604.360 773,558 Gross Margin 30.7% 30.7% REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING JULY 31, 2023 2023 2022 2023 ACTUALS 2023 AVAILABLE % BDGT 2022 YTD 2022 % BDGT JULY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Storrs Water Utility Sales 89,105 620,599 1,065,000 444,401 58.3 601,479 1,033,000 582 Safes - Other 496 2,730 3,500 770 78.0 3,288 3,500 93.9 Licenses & Permits 405 5,356 5,500 144 97.4 5.645 4.800 117.6 Miscellaneous Revenues 4,100 23,707 15,300 (8,407) 154.9 6.542 14,350 45.6 TOTAL REVENUES 94,106 662,391 1,089,300 436,909 69.9 616,964 1,066,660 68.4 Wages & Benefits 22,659 159.032 308.906 149,874 51.5 173.453 290,084 59.8 Supplies 332 16,190 53,625 37,435 30.2 22,736 51,325 44.3 Services & Charges 86,879 139,830 208,535 68,705 67.1 75,364 212,150 35.5 Miscellaneous Expenses - 2,292 10,000 7,708 22.9 2,021 18,000 11.2 Transfers -Out - - - - - - CapitalOutlay 247,293 247,293 746,600 Depreciation Expense - 275,000 275,000 - - 254,000 - Debt Service 18.040 166.451 221.589 55,138 93.5 164.701 221,589 70.2 TOTAL EXPENDITURES 127,909 483,795 1,324,948 841,153 36.5 438,274 1,793,748 24.4 NET of REVENUES & EXPENDITURES (33.903) 168,596 (235,648) (404,244) 178,680 (738,098j CERTIFICATES OF DEPOSIT: Raymond James Bank NA Midwest Independent Bk MO Morgan Stanley Private Sank NY Live Oak Banking Cc Apple Bank For Savings NY Bank Hapoalim NY Ccmenity Cap Bk Utah UBS Bank, Salt Lake City UT Capital One NA American Express Natl Sank Manufacturers & Traders Trust Sallie Mae Bank/Sall Lake Merrick Bank Axos Bank San Diego Forbnght Bank First Citizens Bk & Tr Cc Raleigh Regions flank Birmingham At Flushing Bank Primary Ally Bk Sandy Urah Toyota Financial Sgs Bk Synchrony Bank Discover Bank DE Morgan Stanley Bank NA Affinity Bank Customers Bank Thread Bank Rogers TN Lin ivest Bank & Trust Cc CIBC Bk USA Total CDs City of Hutchinson Investment Report For the Month Ended July 31, 2023 Trade Fixed or Par Purchase Premium Current Unrealized Annual Date Maturity Coupon Callable Value Amount -Discount Value Gainl-Loss Earnings 0210512020 08/14/2023 1.700% Fixed $245,000 $245,000 $0 $244,674 -$326 $4,165 0910412018 0911812023 3.150% Fixed $245,000 $245.000 $0 $244,368 -$632 $7,718 10131/2018 I V0812023 3.550% Fixed $245,000 $245,000 $0 $243,844 -$1,156 $8,698 111P712017 12/13/2023 2.500% Fixed $245,000 $245,01)0 $0 $242,587 -$2,413 $6,125 01124r2022 01/22/2024 0.600% Fixed $245.000 $243,457 -$1,544 $239,610 -$3,847 $1,470 01118/2019 01/23/2024 3.200% Fixed $245,000 $245,01)0 $D $242,611 -$2,389 $7,840 02106/2019 02/1512024 3,100% Fixed $245,000 $245,000 $0 $242,156 $2,844 $7,595 03/2012019 04/0312024 2.900% Fixed $245,000 $245,000 $0 $241,014 43,986 $7,105 07105022 07108/2024 3.300% Fixed $245,000 $245,000 $0 $240,137 -$4,863 $8,085 0810412022 08/12/2024 3.350% Fixed $245,000 $245,000 $0 $239,784 -$5,216 $8,208 111280022 121OW024 4,900% Fixed $244,000 $244,000 $0 $242.197 -$1,803 $11,956 12/0712021 12/16/2024 1.000% Fixed $245,000 $245,000 $0 $230,619 -$14,382 $2,450 01123/2020 01131/2025 1300% Fixed $245,000 $245,000 $0 $232,125 -$12,875 $4,410 0212812020 03/26/2025 1.650% Fixed $245,000 $245,000 $0 $230,351 -$14,649 $4,043 081310022 OW16/2025 3,500% Fixed $245.000 $245,000 $0 $235,759 -$9,241 $8,575 100/2022 100/2025 V00% Fixed $244,000 $244,000 $0 $240,601 $3,399 $11,468 1DIM2019 10/31/2025 2.000% Fixed 5245,000 $2450W $0 $227563 -$17437 $4,900 10126/2022 11/04/2025 4.700% Fixed $245,000 $245,000 $0 $241,563 -$3,437 $11,515 11102r2022 11/10/2025 4.800% Fixed $244,000 $244,000 $0 $241,096 $2,904 $11,712 07114/2021 07122/2026 0.950% Fixed $245,000 $245,000 $0 $216,237 -$28,763 $2,328 0910112ID22 09109/2027 3.500% Fixed $245,000 $245,000 $0 $230,599 -$14,401 $8,575 1111612022 11130I2027 4.900% Fixed $242,000 $242,000 $0 $239,870 $2,130 $11,858 03/1012023 03/16/2028 4.800% Fixed $244,000 $244,000 $0 $240,418 -$3,582 $11,7Q 03/15/2023 03/17/2028 4.900% Fixed $195,000 $195,000 $0 $192,921 -$2,079 $9,555 06107*023 06/1412028 4.500% Fixed $244,000 $244,000 $0 $242,975 -$1,025 $10,980 0610712023 06/16/2028 4.400% Fixed $245,001) $245,000 $0 $244,074 -$926 $10,780 D610212023 060/2028 4.500% Fixed $245,000 $245,000 $0 S243,844 -$1.156 $11.025 06/16/2023 06130/2028 4A50% Fixed $244,000 $244,000 $0 $242,492 -$1,508 $10,858 $6,801MO $6,799,457-$1,544 $6,636,088-$163.368 $225,709 MUNICIPAL BONDS: Michigan Fin Auth Rev 0712212022 11/01/2023 2144% Callable $300,000 $298,308 -$1,692 $297,789 $519 $8,232 Louisiana St Hsg Carp 05111022 12/01/2023 0,550% Callable $250,000 $240,758 -$9,243 $246,465 $5,708 $1,375 Baldwin County AL 0311612020 03/01/2024 3.000% Fixed $485,000 $494,055 $9,055 $483,268 -$10,767 $14,550 Normandy School GO 121030021 03/01/2024 0.550% Fixed $580,000 $577,048 -$2,952 $563,023 414,024 $3,190 Honolulu City & Cnty HI 03103/2022 07101P2024 0.540% Fixed $675,000 $658,112 $16,889 $646,002 -$12,110 $3,645 Commerce Bank of Southwe 071lWO16 0810112024 3.000% Fixed $500,000 $526,595 $26,595 $486,735 -$39,860 $15,000 Honolulu City & Cnty HI 100019 D8101P2024 1.832% Fixed $1,000,000 $99600 -$4,000 $964,630 -$31,370 $18,320 Trade Fixed or Par Purchase Premium Current Unrealized Annual Date Maturity Coupon Callable Value Amount -Discount Value Gainl-Lass Earnings Cc nnec(iW State 0710912019 0805/2024 2.400% Fixed $570,000 $568,9D6 -$1,094 S551,532 -$17,374 S13,680 New York City Transition 1111OP2015 11/01/2024 2.600% Callable $500,000 $486,750 $13,250 $482,470 -$4,280 $13,000 Elk Grove Village IL 10/2812021 01/01/2025 1,000% Fixed $150.000 $150.000 $0 $141,186 -$8,814 $1,500 Oregon St Hsg & Cmnty Svcs Dept 10119/2022 01/01/2025 4.659% Callable $355,000 $354,677 -$323 $348,795 -$5,882 $16,539 Palm Beach FL Revenue 12%2019 01/01/2025 2.500% Fixed $460,000 $469,752 $9752 $442,377 -$27,375 $1 i500 Chaska MN EDA Lease Revenue 02103/2020 02MI 025 3.430°% Fixed $300,000 $323,256 $23,256 $290 650 432,706 $10,290 Virginia St CIg Bldg Authority 0912212022 02101/2025 4.250% Fixed $570,000 $570,000 $0 $560,185 $9,815 $24.225 Miami -Dade Cnty FL Transit Sales 11/19/2021 0710112025 0.900% Fixed $375,000 $373,013 -$1,988 $345,731 427,281 $3,375 Austin TX Cmnty CIg 0412712022 08/01/2025 0,992% Fixed $245,000 $229,482 -$15,518 $224,587 $4,895 $2,430 Jobsohio Beverage Sys Stwd 0412712022 0iM12026 2.034% Fixed $310,000 $298,815 -$11,185 $287,274 411,541 $6,305 Oklahoma City OK Econ Dev Trust 0210BRO22 03/01/2026 1,118% Fixed $300,000 $292,833 -S7,167 $271,089 -$21,744 $3,354 New York St Urban Dev Dorp OW612022 03/15/2026 3,170% Fixed $19000 $187,925 -S2,075 $182.077 -$5,848 $6,023 Anchor Bay MI School Dist 0710IM20 0510112026 1.250% Fixed $500,000 $503,630 $3,630 $450,045 -$53,585 $6,250 Phoenix At Civic Impt Corp 1211012021 07/01/2026 1.157% Fixed $135,000 $134,150 -$851 $120,807 -$13,342 $1,562 San Juan CA Unif Sch Dist 11109021 08/0112026 1.201% Fixed $140,000 $140,000 $0 $125,432 -$14,568 $1,681 District of Columbia Rev 01/10023 D6101112027 4.232% Callable $350,000 $349,734 -$266 $341,513 -$8,222 $14,812 District of Columbia Rev 02/1412023 D610112027 4.232% Callable $400,000 $397,684 $2,316 $390,3D0 $7,384 $16,928 Phoenix Az Civic Impt Corp 03/3012022 07/01/2027 1.257% Fixed $175,QQQ $18108 $13,813 $152,468 -$8,600 $2,200 Indiana St Fin Authority Rev 0112712023 07/15/2027 4109% Fixed $1,000,00D $1,000.000 $0 $976,330 -$23,670 S41,090 NY Personal Inoome Tax 12M912022 09115/2027 5.050% Fixed $300,000 $308,277 $8,277 $299,457 $8,820 $15,150 Pima County Al Revenue 1110912022 12/0112027 5,382% Fixed $1,000,000 $1,014,580 $14,580 $1,010,880 -$3,700 $53,820 Wisconsin St Gen Fund Rev 020112023 05/01/2028 4.330% Fixed $500,000 $497,905 -$2,095 $490,650 -$7,255 S21,650 New York NY City Transitional 07/05/2023 02/01/2029 4.750% Callable S385,000 $385.920 $920 S382.636 -$3284 $18.288 Total Municipal Bonds $13,000,000 $12.989,250 410,750 $12,556,322 4432,928 $369,964 FEDERAL BONDS: Federal Home Loan Mtg Carp 08109/2022 08/2812024 4.000% Callable $500,000 $500,DW $0 $495,955 -$4,045 S20,000 Federal Home Loan Sank 0912812021 10/26/2026 1.180% Callable $500,000 $500,000 $0 $448,610 -$51,390 $5,900 Total Federai Bonda $1,000,000 $1,000,000 $0 $944,565 -$55,435 $25,900 MONEY MARKET FUNDS: Money Market- Citizens Bank Current Rate- 4.930% NIA $16,812,701 $16,812,701 $0 $16,812,701 $0 $828,866 MoneyMarket- Oppenheimer Current Rate: 4.900% NIA $68,168 $68,168 $0 $68,168 $0 $3,340 Total Money Market Funds $16,880,870 $16,880,870 $0 $16,880,870 $0 $832,206 TOTALS $37,681,870 $37,669,576 -$12,293 $37,017,845 -$651,731 $1,453,779 City of Hutchinson Investment Report For the Month Ended July 31, 2023 CITY'S PORTFOLIO BY PRODUCT TYPE CITY'S MATURITY SCHEDULE Par Value Current Municipal Federal Total Total % of Total Value Year Co's Bonds Bonds Par Value % CD's $6,801,000 18.0°% $6,636,088 2C23 $735,000 $559,000 $0 $1,285,000 6.2°% Municipal Bonds $13,000,000 34.5% $12,556,322 2C24 $1,959,000 $4,310,000 $500,000 $6,769,000 32.5% Federal Bonds $1,000,000 2.7% $944,565 2C25 $1,713,000 $2,455,000 $0 $4,168,000 20.0% Money Market $16,880,870 44.8% $16,880,870 2C26 $245,000 $1,575,000 $500,000 $2,320,000 11.2% Total $37,681,870 100.0% S3T,01T,845 2C27 $487,000 $3,225,000 $0 $3,712,000 17.8% Unrealized Gain I-Loss -$664,024 2C28 $1,666,000 $500,000 $0 $2,166,000 10.4% 2C29 $0 $385,000 $0 $385,000 1.9°% Totals $6,805,000 $13,000,000 $1,000,000 $20,805,000 10HOk Ct]'s 186 $8,000,000 $7,000,000 �s,76s'0oa Money Market 44 8% $6,000,000 $5,000,0001$4,168.000$3,712,000 Municipal... $4,000,1)00 $3,000,00052320,000 $2,166.000 A $2,000,000$1,000,000 I 113"10 uFederal Bonds $fl .�j 2.7% 2023 2024 2025 2026 2027 2028 2029 FINANCIAL INDICES: One -Year Comparison Treasury Yield Curve 0713112023 0713112D22 Change Federal Lending Rate 5.50% 2.50% 3.00% 6.00% 5,00°% Treasury Rates: 1-Year 5.37% 2.98% 2.39% 4.00% 2-Year 4.88% 2.89% 1.99% 3-00% 3-Year 4.51% 2.83% 1.68% 2.0010 5-Year 4.18% 2.70% 1.48% 10-Year 3.97% 2.67% 1.30% 100% 20-Year 4.22% 3-20% 1.02% 0-00% 1-Year 2-Year 3-year 5-Year 10-Year 20-Year City's Average Coupon 2.99% 1,98% 1.01% --a-0713112023 ­6-07MI12022 feKduding Money Markef funds) III Hassan Street SE HRA Hutchinson, MN 55350 Website: www.hutchinsonhra.com HUTCHINSON HOUSING AND (320) 234-4Z51 (320) 234-4240 Fax REDEVELOPMENT AUTHORITY Hutchinson HRA Regular Board Meeting July 18, 2023 ,Vinutes 1. CALL TO ORDER Chair Renee Lynn Johnson Kotlarz called the meeting to order. Members Present: Renee Lynn Johnson Kotlarx, Gary Forcier, Robin Kashuba and Steve Jensen. Staff Present: Judy Flemming, and JJ Morgan. a. Steve Jensen moved to approve the agenda as presented. Gary Forcier seconded. The motion carried unanimously. 2. PUBLIC COMMENTS No citizens addressed the HHRA Board of Commissioners. MINUTES OF THE REGULAR BOARD MEETING ON JUNE 20, 2023 a. Gary Forcier moved to approve the minutes of the June 20, 2023 regular board meeting as presented. Steve Jensen seconded. The motion carried unanimously. 4. FINANCIAL REPORTS a. Gary Forcier moved to approve City Center General Fund payments of $12,158.55 for checks 9344 to 9346. Steve Jensen seconded. The motion carried unanimously. b. Steven Jensen moved to approve City Center June 30, 2023 Financial Statements. Robin Kashuba seconded. The motion carried unanimously. c. Steven Jensen moved to approve Park Towers Operating Account payments of $38,326.25 for checks 16088 to 16109; void check #16104, 16106 and 16109 because of Real Page system printing error; and EFT payment on 7/12/2023 for the $650.21 Visa bill. Robin Kashuba seconded. The motion carried unanimously. d. Robin Kashuba moved to approve Park Towers Security Deposit Account Payment of $297.32 for check 1619. Steve Jensen seconded. The motion carried unanimously. 5. PARK TOWERS a. Park Towers July Newsletter was presented. b. Judy Flemming reviewed the Park Towers Vacancy Report with the Board. c. Consideration of Updated Schedule of Charges Judy Flemming described the need to increase the charge for the lockout after hours service fee. Judy also discussed the need for additional changes to be made in the tenant handbook, lease and other policies that are linked to the coming changes for HOTMA. She recommended these changes all be done at the same time for efficiency reasons. d. Operation Update: The estimated start date for the circuit breaker replacement project is in early August. 6. UPDATE ON EDA HOUSE PROJECT a. Steve Jensen moved to approve awarding the concrete bid (home foundation, garage foundation, driveway, sidewalk) to Rock Hard Concrete & Masonry for the EDA House Project. Gary Forcier seconded. The motion carried unanimously. b. Steve Jensen moved to approve Resolution 2023-3 Accepting a Property Donation of the EDA House located 135 First Avenue NW, Hutchinson. Robin Kashuba seconded. The motion carried unanimously. 111 Hassan Street SE HRA NUTCNINSON HOUSING AND REDEVELOPMENT AUTHORITY Hutchinson, MN 55350 Website: www.hutchinsonhra.com (320) 234-4251 (320) 234-4240 Fax 7. CITY HOME REPAIRS PROGRAM GRANT Steve Jensen moved to approve the City Home Repairs Grant application for the 555 Franklin Street SW project. Robin Kashuba seconded. The motion carried unanimously. �o us kyj I kyj Leimom 150)&1 a. Judy Flemming reported that Park Towers tenant recertifications will begin in August following the current guidelines. HUD announced they will delay compliance to HOTMA for a year so this will not affect this year's recertification process at Park Towers. b, Judy Flemming shared the Hutchinson housing statistics for June: 33 homes were listed for sale, 29 homes closed and the median sales price for the month was $245.000. 9. ADJOURNMENT a. Gary Forcier moved to adjourn and Steve Jensen seconded. The motion carried unanimously. There being no other business, Chair Renee Lynn Johnson Kotlar7 declared the meeting adjourned. Recorded by Judy Flemming, HRA Executive Director �1 Gary Forcer, Secretary/Treasurer rl HRA HUTCHINSON HOUSING AND REDEVELOPMENT AurHORITT City- Center, t 1 t Hassan Street SE Hutchinson, MN 55350 Website Site: www.hutchinsonhra.com (320) 234-4251 (320) 234-4240 Fax Hutchinson Housing & Redevelopment Authority Annual Board Meeting Tuesday, August 16, 2022 7:30 AM Minutes 1. CALL TO ORDER Members Present: Renee Lynn Johnson Kotlarz, Gary Forcier, Robin Kashuba, Kim Merwin and Steve Jensen. Staff Present: Judy Flemming and JJ Morgan. a. Approve the Hutchinson HRA Regular Board Meeting agenda and any agenda additions and/or corrections. Gary Forcier moved to approve the agenda of the Annual Board Meeting. Kim Merwin seconded. The motion carried unanimously. 2. MINUTES OF AUGUST 17, 2021 ANNUAL BOARD MEETING Steve Jensen moved to accept the minutes as written. Robin Kashuba seconded. The motion carried unanimously. 3. ELECTION OF OFFICERS Kim Merwin moved to approve that the current list of officers would remain in their positions for the 2023 term. Those officers and positions include: Chairman Renee Lynn Johnson Kotlarz, Vice Chairman Steve Jensen, Secretary/Treasurer Gary Forcier. Robin Kashuba seconded. The motion carried unanimously. 4. 2022 HRA ANNUAL MEETING REPORT Steve Jensen moved to accept the 2022 Annual Report as printed and discussed. Kim Merwin seconded. The motion carried unanimously. 5. ADJOURNMENT Gary Forcier moved to adjourn and Robin Kashuba seconded. The motion carried unanimously. There being no other business. Chair ReneeLyun Johnson Kotlar/ declared the meeting adjourned. Recorded by Judy Flemming. HRA Executive Director GAyyFi, Secretary/Treasurer rl MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 18, 2023 5:30 p.m. 1. CALL TO ORDER 5:30 P.M. The July 18th, 2023 Planning Commission meeting was called to order by Commissioner Fahey at 5:30 p.m. Members in bold were present Chairman Lofdahl, Vice Chairman Hacker, Commissioner Garberg, Commissioner Wirt, Commissioner Sebesta, and Commissioner Janssen. Also present were Dan Jochum, City Planner, Mike Stifter, City Public Works Director, John Paulson, City Environmental Specialist, Marc Sebora, City Attorney, Andrea Schwartz, City of Hutchinson Planning and Building Specialist. 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA A_ CONSIDERATION OF MINUTES DATED June 20, 2023_ Motion by Commissioner Wirt to approve June 20, 2023 meeting minutes. Second by Commissioner Janssen. Motion approved. 4. PUBLIC HEARING A. CONSIDERATION OF A PRILIMINARY AND FINAL PLAT FOR FORCIER ADDITION_ Dan .Yochum, City Planner addressed the Commission and gave a brief overview of the project. Mr. Jochum then covered the staff report. Commissioner Janssen asked about the berm, will this be moved? Mr. Jochum noted this could be relocated or reshaped at the time of excavating for new construction. Question if this would affect water shed. Gary Forcier (applicant), 175 Arch St SE noted there is a catch basin on the SW corner of the current commercial lot. Motion by Commissioner Wirt, second by Commissioner Garberg close hearing at 5:38 p.m. Motion by Commissioner Wirt to approve the Preliminary and Final Plat with 3 staff recommendations. Second by Commissioner Janssen. Item will be on City Council consent agenda number 2 on 07/25/2023. Minutes Hutchinson Planning Commission July 18, 2023 Page 2 5. NEW BUSINESS A. NONE 6. UNFINISHED BUSINESS A. Workshop for Growth Plan from June needs some edits for the final report and will be brought to the City Council for acceptance. 7. COMMUNICATION FROM STAFF A. UPCOMING MEETINGS —We will have an application for next month. 8. ADJOURNMENT Motion was made by Commissioner Garberg to adjourn the meeting, second by Commissioner Wirt. Meeting was adjourned at 5:40 p.m.