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cp09-12-23HUTCHINSON A CITY ON PURPOSE. CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Tuesday, September 12, 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, September 12, 2023, at 4:00 p.m. in the Council Chambers at the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, Minnesota for the following purpose: REVIEW 2024 PRELIMINARY BUDGET AND TAX LEVY Matthew Jau ' City Admimstr r DATED: September 8, 2023 POSTED: City Center HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 12, 2023 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — (The invocation is a voluntary expression of theprivate citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previous y reviewed or approved by the Council or stafj) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be acceptingpublic comments during the agenda item if not a public hearing. Ifyou have a question, concern or comment, please ask to be recognized by the mayor —state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of August 22, 2023 (b) Council Workshop of August 22, 2023 CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Issuing Massage License to Healing Vine LLC Located at 903 Hwy 15 South (b) Consideration for Approval of Issuing Parade Permit to Hutchinson High School Student Council on September 22, 2023, for Homecoming Parade (c) Consideration for Approval of Out of State Travel for Firefighters to Visit Pierce Manufacturing in Appleton, Wisconsin (d) Consideration for Approval of 2023 Maintenance Overlay on California Street NW CITY COUNCIL AGENDA —September 12, 2023 (e) Consideration for Approval of Resolution No. 15627 — Resolution to Donate Surplus Police Department Property (f) Affirm Board Appointments/Reappointments 1. Peggy Godina to Hutchinson Housing & Redevelopment Authority Board to August 2025 2. Dan Masog to Hutchinson Housing & Redevelopment Authority Board to August 2026 3. Andrew Webster to Public Arts Commission to August 2024 4. Janeen Sorrell to Public Arts Commission to August 2024 5. Kris Haag to Public Arts Commission to August 2026 6. Justin Beck to Public Arts Commission to August 2026 (g) Claims, Appropriations and Contract Payments — Register A 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — 6:00 P.M. - NONE MMUNICATIONS RE UESTS AND PETITIONS purpose o this portion o the agenda is to provi e the ounci with information necessary to craft wise policy. rdes items like monthly or annual reports and communications from other entities.) 9. EMERALD ASH BORER UPDATE UNFINISHED BUSINESS NEW BUSINESS 10. APPROVE/DENY FIRST READING OF ORDINANCE NO. 23-842 - AN ORDINANCE AMENDING CHAPTERS 95 AND 113 OF THE HUTCHINSON CITY CODE TO REFLECT CANNABIS USE, VAPING AND E-CIGARETTES AND INCREASING THE AGE FOR THE SALE, USE AND POSSESSION OF TOBACCO FROM 18 TO 21 YEARS OF AGE 11. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR SEPTEMBER 26, 2023, AT 4:00 P.M. TO DISCUSS UPDATES TO THE CITY'S ENDS STATEMENTS/CORE VALUES DOCUMENT 12. APPROVE/DENY SETTING ANNUAL CITY RECOGNITION EVENT FOR NOVEMBER 2, 2023, AT 5:30 P.M. AT HUTCHINSON EVENT CENTER GOVERNANCE e 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) 2 CITY COUNCIL AGENDA — September 12, 2023 13. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Sustainability Advisory Board Minutes from April 17, 2023 MISCELLANEOUS 14. STAFF UPDATES 15. COUNCIL/MAYOR UPDATE ADJOURNMENT HUTCHINSON CITY COUNCIL MEETING MINUTES 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. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. and Pat May. Member absent was Dave Sebesta. and Marc Sebora, City Attorney. Members present were Tim Burley, Chad Czmowski Others present were Matt Jaunich, City Administrator (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that Item 7(d) can be pulled from the agenda as the applicant has withdrawn his application to make some minor changes. This item will come before the Planning Commission again in the near future and then on a future Council agenda. Motion by May, second by Czmowksi, with the change noted. Motion carried unanimously. 2. INVOCATION — A moment of silence was held in lieu of the invocation. (The invocation is a voluntary expression of theprivate citizen, to and for the City Council, and is not intended to ajiliate the City Council with, or express the City Council's preference for, any religiouslspiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staf59 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15616 — Resolution Accepting $26,401.00 Donation from Kiwanis Club of Hutchinson for Improvements to Kiwanis Park Members of the Kiwanis Club presented before the Council. Dan VanOverbeke, on behalf of the Kiwanis, spoke before the Council presenting a check in the amount of $26,401 for improvements to Kiwanis Park. Last year the Kiwanis Club donated over $5000 for improvements to the park. A tentative ribbon cutting ceremony is set for September 8, 2023. Lynn Neumann, PRCE Director, spoke on the improvements that will be made to the park with this donation. (b) Resolution No. 15619 - Resolution Accepting Donation from Joyce Hochsprung (Varieties of Daylilies to Parks Department) Motion by Czmowski, second by Burley, to approve Resolution Nos. 15616 and 15619. 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 if he will he accepting public comments during the agenda item if not a public hearing. If you have a question, concern or comment, please ask to e recognized by the mayor —state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES CITY COUNCIL MINUTES — August 22, 2023 (a) Regular Meeting of August 8, 2023 (b) Council Workshop of August 8, 2023 Motion by Czmowski, second by Burley, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedJor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed) 7. APPROVAL OF CONSENT AGENDA 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 (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 '- '- - .. .1 11111 LA. (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 (f) Consideration for Approval of Water Conservation Plan Implementation — State Drought Warning (g) Claims, Appropriations and Contract Payments — Register A Motion by May, second by Czmowski, to approve Consent Agenda I. Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Motion by Czmowski, second by Burley, with Forcier abstaining, to approve Consent Agenda II. Motion carried unanimously. 2 CITY COUNCIL MINUTES — August 22, 2023 PUBLIC HEARINGS — 6:00 P.M. - NONE purpose o t is portion o the agenda is to provide the ounci with information necessary to craft wise policy. Ides items like monthly or annual reports and communications from other entities.) 9. DISCUSSION ON REGULATING CANNABIS IN RELATION TO CURRENT CITY ORDINANCES DEALING WITH TOBACCO AND SMOKING Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich provided an overview of the new cannabis law as far as what is legal and the authorities cities have, which is rather limited. Council Member Czmowski suggested that cannabis regulations be in line with the City tobacco regulations. Council Members Burley and May agreed. Mr. Jaunich noted that staff will put together a draft ordinance for the Council to consider. UNFINISHED BUSINESS 10. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 23-841 — SALE OF MUNICIPALLY -OWNED PROPERTY (MITGI DEVELOPMENT PROPOSAL) Mr. Jaunich explained that this ordinance was before the Council at its last meeting and no changes have been made to it. Motion by Czmowski, second by Burley, to approve second reading and adoption of Ordinance No. 23-841. Motion carried unanimously. NEW BUSINESS 11. APPROVE/DENY RESOLUTION NO. 15621 — RESOLUTION APPROVING PROPOSED HUTCHINSON UTILITIES COMMISSION RATE CHANGES Matt Jaunich noted that at the last Council meeting HUC General Manager Jeremy Carter was before the Council explaining a proposed rate structure change to electric/natural gas rates. The Council has veto authority within 30 days of receiving notification from HUC, which was officially July 27, 2023. No rate increases have occurred since 2006. Motion by Czmowski, second by Burley, to approve Resolution No. 15621. Motion carried unanimously. 12. APPROVE/DENY RESOLUTION NO. 15625 — RESOLUTION ORDERING PREPARATION OF REPORT ON NEW GRANDSTAND AND OTHER IMPROVEMENTS AT VMF BASEBALL FIELD Matt Jaunich reminded the Council of a couple of discussions that have been held regarding improvements to the VMF grandstand/ballfield. The Hutchinson Huskies 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 CITY COUNCIL MINUTES — August 22, 2023 to complete a preliminary design and cost estimate on a new grandstand. Mr. Jaunich introduced Dana Hlebichuk from Widseth who presented initial findings. Mr. Hlebichuk explained items included in Phase 1 of the project which includes a 380-seat stadium with canopy, press box, new concrete foundations, demolition, a new concrete walk along with design and construction contingency with a conservative estimate of $624,910.79. If the project is approved, the goal would be to have it completed for the State Tournament in 2025 which Hutchinson is hosting. Mr. Hlebichuk suggested having the project bid in the Fall of this year to get the project lined up to begin early August 2024. Council Member Czmowski raised concerns about the cost of the project and bumping other projects in the CIP for this to move forward. He also raised concerns about donations not coming in until the City commits to funding. Mr. Jaunich noted that with the $250,000 donation, the City would be looking at funding $400,000-$450,000 with the Huskies continuing to seek donations. Council Member May raised concerns with the cost of the project and the potential of a large tax levy increase all ready. Mr. Jaunich noted that this step in the process is only to complete a schematic design with cost estimates and documents that could be used to bid the project out. Approving this item does not guarantee the project -it just moves forward with planning. The next phase would cost the City approximately $10,000-$15,000. Motion by Czmowski, second by Burley, to approve Resolution No. 15625. Czmowski encouraged the Huskies to continue to seek donations/funds for this project to move forward. Roll call vote was taken: Burley — aye; May — nay; Czmowski — aye; Forcier — aye. Motion carried 3 to 1. Czmowski noted that $650,000 is all ready being allocated for lighting improvements at the ball park. 13. APPROVE/DENY FUNDING REQUESTS FROM THE HUTCHINSON CENTER FOR THE ARTS Matt Jaunich noted that last June the City Council heard an update from the Center for the Arts. During the update, the CFA requested the City's continued financial support. Their request was for another three-year commitment at $15,000 per year. Mr. Jaunich reminded the Council that the City is currently a member of the CFA first joining in 2012 with a three-year commitment. The City has extended its three-year agreement since that time and the current commitment ends at the end of this year. Funding for this membership has historically come out of the Community Improvement Fund. Motion by Czmowski, second by May, to approve funding request from the Hutchinson Center for the Arts. Motion carried unanimously. 14. APPROVE/DENY PRIVATE HANGER CONSTRUCTION AT MUNICIPAL AIRPORT Mike Stifter, Public Works Director, introduced Troy Pullis who is making the request to construct a private hangar at the municipal airport. John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that at the F1 CITY COUNCIL MINUTES — August 22, 2023 July Airport Commission meetings, Mr. Pullis made 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. The request before the Airport Commission was denied on a 2-2 vote, therefore is before the Council for their consideration. Mr. Olson explained that staff supports Mr. Pullis's request for three reasons: 1. There are no current plans to construct a new hangar in the five-year CIP; 2. If the City had available funds, the better 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; and 3. While the site south of ASI could currently support a future ASI addition as well as one additional hangar, there is already a potential request for that space and only two hangars could be accommodated there. Mr. Olson explained that staff is comfortable with the plan presented by Mr. Pullis, he is in the allowable limits for other planes to safely pass, the building characteristics are expected to match, and it allows for better sizing given the space that remains. Staff is suggesting that the City negotiate a right of first refusal on the Pullis hangar in the event he were to sell in the future. Council Member May noted that he was informed that ASI had made a request to build in the same location however was denied, and now an Airport Commission member made a request that is being deemed favorable. Mayor Forcier provided some background related to the time when ASI made the request and the reasons they were denied at the time. Since the Airport Commission meetings in July, Mr. Pullis modified his design plan and the door would face the east as opposed to the south, which was originally proposed and one of the reasons some Airport Commissioners voted against the request. Motion by Czmowski, second by Burley, to approve private hanger construction at municipal airport. Roll call vote was taken: Burley — aye; May — nay; Czmowski — aye; Forcier — aye. Motion carried 3 to 1. 15. APPROVE/DENY RESOLUTION NO. 15618 — RESOLUTION AUTHORIZING EXECUTION OF MN/DOT AERONAUTICS GRANT AGREEMENT 1054611 — AIRFIELD LIGHTING John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that MnDOT Aeronautics has approved the airfield lighting project that the City applied for. The grant agreement allows for pass -through of federal funds as well as state funds for the project. The project includes medium intensity runway lighting, medium intensity taxiway lighting and taxiway signage. The lighting systems are LED so they will result in lower operating and maintenance costs. The total project costs are estimated at $560,216 with FAA funds and MnDOT funds covering most of the project and the City -Airport construction fund covering $28,011. Motion by Burley, second by Czmowski, to approve Resolution No. 15618. Motion carried unanimously. 16. APPROVE/DENY RESOLUTION NO. 15626 — RESOLUTION AUTHORIZING EXECUTION OF MN/DOT AERONAUTICS GRANT AGREEMENT 1054622 — HANGER John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the FAA-AIG program approved the hangar project that the City applied for. The project consists of CITY COUNCIL MINUTES — August 22, 2023 construction of a multi -bay hangar (two large units). The project costs are estimated at $752,192 with the City's share being $75,219. Motion by May, second by Burley, to approve Resolution No. 15626. Motion carried unanimously. GOVERNANCE e 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) 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 Matt Jaunich — Mr. Jaunich reminded the public that there are Request for Proposals currently out for the old police facilities. Open houses will be held on those facilities on August 24 and September 7. He also noted that City offices will be closed on September 4, 2023, for Labor Day. Lastly, he reminded the Council of the budget workshop scheduled prior to the next City Council meeting. 19. COUNCIL/MAYOR UPDATE ADJOURNMENT Motion by Burley, second by Czmowski, to adjourn at 6:50 p.m. Motion carried unanimously. 71 HUTCHINSON CITY COUNCIL REVIEW OF 2024 PRELIMINARY CAPITAL IMPROVEMENT PLAN MINUTES TUESDAY, AUGUST 22, 2023, AT 4:00 PM CITY CENTER — COUNCIL CHAMBERS 1. Call to Order Mayor Forcier called the workshop to order at 4:00 p.m. Members present included Tim Burley, Pat May, and Chad Czmowski. Member absent was Dave Sebesta. Others present were Matt Jaunich, City Administrator and other city directors. REVIEW OF 2024 PRELIMINARY CAPITAL IMPROVEMENT PLAN 2. 2024 Preliminary Capital Improvement Plan Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich reviewed the purpose of a capital improvement plan and the planning that goes into it. A CIP is a document that realistically projects city needs, outlines means by which those needs can be met and provides prioritization of those needs for large capital items within the city. The planning process provides city staff and Council with a framework to make decisions regarding current and future city needs considering the city's financial capability. The CIP commits the City to a long term capital plan that ensures that expenditures can be made to add or replace capital items when needed, without significant fluctuations in the property tax levy. Capital planning enables the City to maintain a stable property tax rate, prevent peaks and valleys in its debt retirement program and establish and thereafter improve its credit rating. The CIP establishes a comprehensive development program that is used to maximize outside revenue sources and effectively plan for the growth and maintenance of the city's infrastructure. The plan can and should be used as a goal, priority and vision -setting tool. Mr. Jaunich also reviewed how the CIP Plan is built which includes individual City Council goals and collective Council goals; citizens/business/user feedback to elected officials (needs, wants, desires of the community); City staff long-term maintenance and replacement schedules; and state/federal mandates. Mr. Jaunich began an overview of the five year capital plan document. The proposed plan is estimated at $70.14 million. The Plan is approximately $18.33 million higher than last year's five-year plan. The plan has an annual average CIP cost of $14.03 million. 2024's $13.90 million CIP cost currently accounts for approximately 25-30% of all budgeted expenses. For comparison purposes, this year's (2023) general fund budget is $14.35 million. Large projects included in the plan are the HATS facility in 2025 ($10.8 million); splash pad in 2025 ($2 million); T-Hanger ($1.5 million) in 2026; and a ladder truck ($2.8 million) in 2027. Mr. Jaunich reviewed that the plan is divided into infrastructure at $22.88 million; Park & Rec at $5.64 million; Enterprise Funds at $21.74 million; Public Works at $15.02 million; Public Safety at $3.68 million and General Government at $1.18 million. The make-up of the CIP includes: New Debt: $13.91 million (amount of money that we need to borrow to pay for capital projects); Aid/Grants (state aid, federal/state grants, bridge funds, donations): $20.24 million; Enterprise Funds (Creekside, Liquor Store, Refuse, Water, Sewer, Wastewater, Stormwater): $19.24 million; Taxes (money from our tax levy that gets designated towards capital projects): $7.19 million; Special Assessments (direct costs that will be assigned to property owners adjacent to projects): $5.47 million; Special Funds/Reserves (rural fire department, cooperative agreements): $890,527. Mr. Jaunich reviewed the CIP funding sources for various funds. Within the general fund, facility improvements are funded by the capital projects fund. $750,000 of LGA is dedicated annually and $50,000 is dedicated for playgrounds. Fleet & Equipment is funded by the Equipment Replacement Fund. There is an annual transfer of $375,000 from the general fund as the current funding is not adequate for the "small" and "heavy" fleet needs. An additional funding source of about $354,000/year is needed. Other Capital Needs are funded by departmental budgets through the tax levy, grants/donations and/or other city funding. Within the enterprise funds, the funding comes from cash flow from operations and is driven by user revenue. Cash reserves are also used for funding. Debt service payments are funded by revenue from operations. Infrastructure improvements debt are covered by G.O. special assessment improvements bonds, G.O. Bonds for police facility, special assessments, municipal state aid for streets and federal aid, grants, enterprise fund contributions and other city funding from Capital Projects and Community Improvement. The Capital Projects Fund funding sources come from LGA, bonding dollars and grants. The use of these funds are for general fund capital improvements included in the Facility Plan, miscellaneous infrastructure maintenance such as trails, sidewalks, parking lots, street lights, sealcoating, etc., and other projects approved by the City Council. The 2022 year-end unreserved cash balance is $1,059,323 from this fund. The Community Improvement Fund funding sources come from retired debt service funds and donations. The use of these funds are for City Council approved projects and Public Arts Commission & other public arts projects. The 2022 year-end unreserved cash balance is $1,857,277 from this fund. The Public Sites Fund funding sources come from park dedication fees, donations, grants and rent on agricultural land. The use of these funds are for parkland improvements, tree development, arts, and City Council approved projects. The 2022 year-end unreserved cash balance is $228,048 from this fund. Mr. Jaunich noted where the proposed 2024 CIP monies are going to. They include $3.86 million for infrastructure (Franklin Street, Washington Avenue, Oakland Avenue, Uptown Grand Project and Fire Department parking lot); $525,000 for Park & Rec (dasher boards/flooring, vehicles/equipment, library and playgrounds); $8.24 million for Enterprise Funds (Creekside facility/equipment, water/wastewater improvements/equipment, water meters, vactor truck/jetting trailer and lakes/river improvements); $835,000 for Public Works (airport, cemetery and vehicles/equipment); $230,000 for Public Safety (fire facilities/equipment and police vehicles); $199,500 for General Government (city center improvements). Mr. Jaunich then reviewed where the proposed 2024 CIP monies are coming from. They include $2.11 million from New Debt (amount of money that we are planning to borrow to pay for capital projects next year); $3.42 million from Aid/Grants; $5.84 million from Enterprise Funds; $1.70 million from Taxes (money from our tax levy that is helping to pay for capital projects next year); $757,611 from Special Assessments (direct costs that will be assigned to property owners adjacent to projects); and $70,000 from special funds/reserves. Mr. Jaunich reviewed the five components of the Plan which include the fleet committee, facilities committee, Creekside, Resource Allocation Committee and General. Mr. Jaunich provided an overview of fleet. With regard to light duty fleet there are currently 91 pieces of light duty equipment such as cars, pickups, skid loaders, etc. Currently $375,000 of CIP funds are allocated annually for light duty fleet, funded by the general fund. The unreserved fund balance at the end of 2022 acquisitions is $1,170,000. In 2023, 10 vehicles/equipment have been recommended for replacement at an estimated gross cost of $560,400 which include several replacements that were deferred from 2021/2022. As this problem continues, some of these replacements could get pushed into 2024. With regard to heavy duty fleet, the City currently has 21 pieces of heavy duty equipment which are made up of fire apparatuses, snow equipment, frontend loaders, etc. The current plan includes $2.4 million to replace the fire ladder truck in 2027. In 2023, a snow plow truck has been replaced at a total cost of $270,782. The City took a significant step in meeting its demand for heavy equipment in 2016 with bonded debt for several large pieces of equipment with a 5-year debt expiring in February 2022. Future debt for heavy equipment would increase the City's debt tax levy. The light duty and heavy duty fleet program is still currently not sustainable with this plan. The current plan has an annual shortage of roughly $354,000. The Fleet Committee is continuing to look at bonding/borrowing for future heavy duty fleet. There is at least one replacement in excess of $200,000 in each of the next five years. A fire ladder truck is in need of major refurbishment or replacement in 2027. The City may need to look at redirecting some of its LGA allocation to Fleet with the increase in LGA. Policy focus of the City is to put more focus on the Vehicle Condition Index and less focus on expected life, although service is a major component of the VCI. Mr. Jaunich provided an update on the facility committee. Overall, the facility planning concept/funding model with a facility manager continues to work well. Construction costs have increased significantly and lead times for equipment/supply can run as long as 35 weeks making things difficult. A small project building repair fund has been established with $50,000 per year set aside to address smaller facility items such as lighting upgrades, small roof projects, tuck pointing/joint repair, etc. Facility Committee staff continue to assess condition ratings and develop a project list based on needs. Mr. Jaunich then reviewed the major projects in 2023 which included the City Center parking lot, drainage improvements at Burich Arena and the new police and DMV facility opening. Mr. Jaunich also reviewed the 5 Year CIP for both the compost and refuse funds which is just over $1.5 million. The previous five-year CIP was over $2.4 million. The SSOM processing/operation project was delayed two years while waiting for permitting from the MPCA. The project is currently out for bids and if bids are favorable the work could be this Fall and be done by the end of the year. CIP costs for this project are around $1 million. Public Works projects included in the 2024 plan are: Franklin Street (Washington to 5tn Avenue) — partial reconstruction; Washington Avenue West (Lynn to Franklin) - reclaim; Franklin and Washington sanitary sewer; Oakland Avenue — partial reconstruction; Uptown Grand Project; Lakes/River basin project — Phase 1; several pond improvements; airport airfield lighting systems; additional upgrades to water and wastewater facilities; water meter replacements and vehicle/equipment replacements. Mr. Jaunich then noted Public Works CIP projects slated for 2025-2028. Other large projects Mr. Jaunich spoke about within the next few years include $3.4 million for Lakes/River basin improvements; fire department parking lot; VMF improvements; City Center remodel; campground expansion; fire ladder truck; funding plan for splash pad; long-term funding needs; Growth Planning Area and funding for infrastructure; and state bonding for the HATS facility. Mr. Jaunich reviewed project funding limitations/concerns. These include costs to fund infrastructure; $1.9 million bonding target limitations; dedicated street sealcoating funding at $125,000/year; infrastructure maintenance needs at $325,000/year; construction costs/inflation; utility funds capacity; municipal state & federal aid utilization; impact of legislative changes to water/wastewater and costs associated with it (environmental & infrastructure grant possibilities) and possible redirection of LGA money increase. Mr. Jaunich also provided an update on American Rescue Plan funding. Mr. Jaunich explained that the City has received all of its ARPA funding with a total amount received of $1,528,093.53. The City has used those funds to pay for three projects: Civic Arena HVAC project; city-wide security project and EDA Downtown Development Project. The remaining balance is $107,586.53 to be allocated to future projects. Other fund sources available are one-time Public Safety Aid ($643,390); new housing aid (approximately $68,000 the first year); new LGA (approximately $399,000 — half of which is planning to go to the CIP); sale of event center (up to $1 million will have to go back to the State); Capital Projects Fund ($1,059,323); Community Improvement Fund ($1,857,277 — sale of old police facilities will go into this fund); Public Sites Fund ($228,048). Mr. Jaunich lastly provided an update on the sales tax. The local sales tax went into effect in 2011 and the City is currently collecting approximately $1.825 million per year. These funds help cover debt payments associated with the water and wastewater systems and help assist with funding options for capital improvements in the water and wastewater system. The local option sales tax expires at the end of 2029 or when revenues are sufficient to pay for the projects and associated bond costs which would be in 2026. Staff is looking into whether or not there is an option to continue to collect sales tax from 2027-2029 within the water and sewer funds and then use to fund other projects. There is currently a moratorium on local option sales tax and potential new law changes could change everything. Mr. Jaunich also noted that currently staff is looking at a 12% preliminary tax levy increase which is mainly due to a 25% health insurance increase. Staff will be shopping around for other providers and/or structural changes. Staff feels that 12% can be reduced but if the Council is hoping for a 2-3% levy increase there will have to be serious discussions on services and/or staffing. 3. Adjournment Motion by May, second by Burley, to adjourn the workshop at 5:10 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator V HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Agenda Item: Massage License - Healing Vine LLC Department: Administration LICENSE SECTION Meeting Date: 9/12/2023 Application Complete Yes Contact: Melissa Starke Agenda Item Type: Presenter: Melissa Starke Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Brianna Seiler of Healing Vine LLC has submitted a massage license application into administration for review and processing. The application is for Ms. Seiler to provide massage services at her business located at 903 Hwy 15 South. A background check was completed of Ms. Seiler and the police department does not object to the issuing of the license. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing massage license to Healing Vine LLC to provide massage services at 903 Hwy 15 South Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151 Fax: (320) 2344240 City of Hutchinson Application for Massage Service License fl c f�(Under O r in�No.,119) License Fee: 175 Operating Year: M7 2 nq� Business Name Phone Number MN 0 u 'nes A dress City State Zip Zoning District *verb the proposed use is allowed in this zoning district rate information if a licable Corporate Name Phone Number Corporate Address City State Zip Qwner(s)WCorporate Officer(s) (list names and addresses of all persons have a beneficial interest in the Name: D i a 11 IV{ gWt y hN'kj NW Address Name: U� chinson �N 5g75:50 City State Zip Address City State Zip *If 'necessary, list additional owners)/corporate ocer(s) on a separate sheet of paper Name: Name: it all individuals involved in &in massage services Yiany) ul S0i QY T Ab5 V wyvma AVX N N NCi SOn M� Address i City State Address arv. list additional operators on a sheet City State Zip City of Hutchinson Application for Massage Service Page 2 of 5 Nscribe Nature of Massa a Business and. Massage Services Offered Yavi inC �� - I m .S A� QI Insurance Coverage Information (attach public liability insurance policy or certtltcare of insurance as requirea in ,aecflun I19.07 o Hutchinson Cit), Code) _ Insurance Company I I Agent's Name MO 1 nl rev y n °IO Address Caty State Zip n& H- sr,,,,,r,o,- Fax Number Have you or any operators been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations? ❑ YES M/ NO If yes, state nature of offense and punishment or penalty therefore: Ivianager Information (Section 119,06 of Hutchinson City Code requires that the manager of the establishment be "a natural person who is a resident of the City". Please complete the following confirming eo liance with this ordinance Manager Name Phone Number Manager Address City State Zip Checklist Al items must be checked ` " in order for the a lica6on to heprocessed) The following items need to be completed and/or attached in order for the application to be processed: Copy of insurance that meets or exceeds limits established in the ordinance: ZYes ❑ no Application fee paid in full (check or money order): El"yes ❑ no Application completed in full and signed: ld( es ❑ no City of Hutchinson Application for Massage Service Page 3 of S I hereby certify that I have completely filled out the entire above application, together and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of Chapter 119 of the Hutchinson City Code pertaining to Massage Services is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. 2L 21) 1v lam � Date C MT Print Name UTitle NOTE: No application will be forwarded to the City Council unless received one week prior to the regular Council meeting, filled out in completion, and fee payment is attached. Internal Use only Zoning/ proved ❑denied Notes: Building: *p Fire approved ❑ denied Notes: Police `approved ❑ denied Notes: IM / • �� City Council ❑ approved ❑ denied Notes: H: Licenses/Applications/Massage.doc MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Stephanie Nelson FROM: Chief Tom Gifferson DATE: 08-28-23 RE: Massage License / Brianna Seiler / Healing Vine Please review the attached memorandum from Officer Fenrich. He has completed the background investigation on Brianna Seiler. It is my recommendation to approve the Massage Service License for Ms. Seiler . Please contact me if you have any further questions. Thank you. HUTCH ASON A CITY ON PURPOSE. HUTCHINSON CITY COUNCIL HUTCH I NSW Request for Board Action A CITY ON PURPOSE. Agenda Item: Homecoming Parade Permit Department: Administration LICENSE SECTION Meeting Date: 9/12/2023 Application Complete Yes Contact: Melissa Starke Agenda Item Type: Presenter: Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency No Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The City has received a parade permit application from the Hutchinson High School in reference to the 2023 Homecoming Parade. The Annual Homecoming Parade will be held on Friday September 22, 2023. The parade will go from the Middle School Parking lot on South Grade Road then along School Road to the High School parking lot. This request requires South Grade Rd between Dale St and School Rd to be closed, School Rd between South Grade Rd and Roberts Rd between the hours of 12:30 pm and 1:30 pm for this event. The police department has reviewed the application and has no concerns. BOARD ACTION REQUESTED: Approve issuing parade permit to Hutchinson High School on September 22, 2023. Fiscal Impact: $ 500.00 Funding Source: Police FTE Impact: 4.00 Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CLIF 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151/Fax: (320) 234-4240 Permit Fee: $30 (short term) Date Received: City of Hutchinson APPLICATION FOR PARADE PERMIT (Under Ordinance No. 71.01) All applications must be received at least 30�before event in order to be considered a n an t" O Tnfo HHS Student Council 952-992-9158 (Amanda Machemehl, event coordinator) Organization Name Phone Number 1200 Roberts Rd. SW, Hutchinson, MN 55350 Organization Address city State zip Route of Parade Travel: Beginning at Hutchinson Middle School behind the school and go through the bus parking lot then: Turn right onto South Grade Road. Turn right onto School Road. Turn right into HHS west parking lot. Ending Point of Parade: East Parlsjng Lot of the High School Approximate Number of Units, Animals, and Vehicles which will constitute Parade: 20ish. City qfHutchinson Application for Parade Permit Page 2 of 3 Type and Description of Animals and Vehicles: No animals are allowed in the parade. Maximum Interval of Space to be Maintained Between Units: A safe amount Maximum Length of Parade: 20 cars, 30 minutes Minimum and Maximum Speed of Parade: 5 - MPH 10 Portion of Street Width Traversed: The whole street The following items need to be completed and/or attached in order for the application to be processed: Permit fee paid in fall (check or money order): yes 0 no Permit Application completed in full and signed: S yes J no I declare that the information I have provided on this application is truthfal, and I authorize the City of Hutchinson to investigate the information submitted. Amanda Machemehl Signature of authorized officer of organization or parade chairman IIIternal Q. Use.- n Police 01 approved 0 denied Notes: City Council Ll approved LJ denied Notes- 08/24/23 Date HUTCHINSON CITY COUNCIL City0f. Request for Board Action 7AL Owl-7 Agenda Item: Firefighters Out of State Travel Department: Fire LICENSE SECTION Meeting Date: 9/12/2023 Application Complete N/A Contact: Mike Schumann Agenda Item Type: Presenter: Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: The Hutchinson Fire Department is requesting to send up to Six Fireifghters to the Appelton, Wisconsin in order to visit Pierce Manufacturing. The purpose of this travel will be for the committee members that are working on the refurbish or replacement of our current ladder truck to gather information and discuss in detail from the manufacturer regarding all functions and options for a Ladder truck and test every piece of equipment that they can. They will all travel in one city vehicle (Fire SUV). BOARD ACTION REQUESTED: Consider to approve up to six Firefighters to travel to Pierce Mfg. in Appleton, WI. Fiscal Impact: $ 1,100.00 Funding Source: General Fund, 100-4204-54320 FTE Impact: Budget Change: No Included in current budget: YesEl PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. 2023 Maintenance Overlay - California St NW (Hwy 7 W to School Rd NW) Agenda Item: Department: Public Works/Engineering LICENSE SECTION Meeting Date: 9/12/2023 Application Complete N/A Contact: John Olson/Mike Stifter Agenda Item Type: Presenter: John Olson/Mike Stifter Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: California St NW is a priority route serving several neighborhoods in the northwest portion of the City. It is in generally in marginal to poor condition. It has not been identified for an improvement in the City's Capital Improvement Program. A maintenance overlay would improve California St NW for many years to come. Public Works estimated the cost of the project at $150,106.75 and solicited three vendors for a price quote: Valley Paving - $127,619.91 Bertram Asphalt - $159,076.60 Southwest Paving - No response Public Works recommends approving the purchase requisition to perform a maintenance overlay on California St NW (Hwy 7 - School Rd NW) BOARD ACTION REQUESTED: Approve/Deny Purchase Requisition to Valley Paving, Shakopee, MN for $127,619.91 Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 127,619.91 Total City Cost: $ 127,619.91 Funding Source: Misc Infrastructure Maint Acct. Remaining Cost: $ 0.00 Funding Source: N/A -, �!1 r !La6 y�w z ,'A Bi'H AVE NW 0 CAROLINA AVE NW- -I CC —' A— z D '•r• a T, Ave NW 0 .2 tz o o U.-... Y'N c.i B Ave NW City of Hutchinson Maintenance Overlay Milling, bituminous surfacing, restoration, ap purtenances Street From To California St NW Hwy 7 W School Rd NW 13,040 Sq Yds Z z 7THAVE NVN D >fi ;x Z ty a y a z; :5 -= *: Ye �Jx.J I- F v 1IZ Q Q z --7 :E z A Ave NW �"" #� 1 0 TEXAS PZ4* 2 �v.X C-OAKS LN N'W L LA TOO O 'p0 %:JgJSt 14 202.+ NL f�/ SE9�ICS ?,'D 57H AVE NW 2�L xz z C 3RU AVE NW J iL*s Kouba 9rwy `'iGhnoingKi i „ I L I� 1:9.028 I ..._ i4ow Im 0 ON " - - - - m wo e74 Mob k. I AR tlltn-im-- 't I., -4-j4 064 *TEXAS AVE NW 3: z 40 Is. 40' nominal 1%-3%+/- 1%-3%+/- Detaill Detail 1 California St NW (Hwy 7 — School Rd NW) Milling Detail Mill 1.25" depth along curb line tapered out to 0.0" at 4' — 6' 6.0"Bituminous+/- 40' nominal 1% - 3%+/- 1 0 - 3%+/- Detaill NOTE: 1.5" Compacted depth at Gutter (1/4" above gutter) and 1.75" Compacted depth at centerline. Detail 1 California St NW (Hwy 7 — School Rd NW) 1.5"Nominal depth Type SP 9.5 Wearing Course Mixture (2,C) (SPWEA240C) MnDOTSpec 2360 Tack Coat MnDOT Spec 2357 Maintenance Overlay Notes: 1. Contractor to provide access to all properties to the extent possible, as directed by Engineer. Accessibility must be provided by the end of each working day. 2. Contractor to mill 1.5" depth for 18" — 24" around all manholes, valve boxes and utility structures. 3. All manhole castings and gate valve covers require installation of 1.0", 1.5" or 2.0" steel adjusting ring for bituminous paving (Contractor to verify after milling). All Labor and Materials to install steel adjusting rings are included in the cost of "Adjust Frame and Ring Casting & Adjust Valve Box" pay items. The City will supply steel rings in sizes noted above. 4. When restricted use of the street does not allow for regular garbage collection (Fridays), the Contractor shall provide all required labor and equipment necessary for the collection of garbage containers, delivering them to where they can be serviced by the garbage truck and returning them to the property owner by the end of the collection day. The Contractor shall be responsible for coordinating garbage collection with the City's garbage collection contractor (West Central Sanitation, 4089 Abbot Dr, Willmar, MN 56201; (800) 246-7630). City of Hutchinson, 111 Hassan St SE, Hutchinson, MN 55350 (320) 234-4209 Maintenance Overlay- California St NW (Hwy 7 W to School Rd NW) Letting No. 8; Project NO. 23-08 2023 Maintenance Overlay Bid Opening: August 30, 2023 Completion date: October 31, 2023 Line No. Item No. Item Description 1 2021.501 Mobilization 2 2232.603 Mill Bituminous Surface (1.25" depth along cu 3 2357.506 Bituminouse Material for Tack Coat 4 2360.509 Type SP 9.5 Wearing Course Mixture (2, C) 5 2504.602 Adjust Valve Box 6 1 2506.502 lAdjust Frame and Ring Casting 7 1 2563.601 ITraffic Control 8 1 2582.503 4" Broken Line Paint -Yellow Contractor: Address: Telephone: 6.0' to Engineer's Estimate: CONTRACTOR BID Unit Quantity Bid Price Bid Total Bid Price Bid Total Lump Sump 1.0 10,000.00 10,000.00 Lineal Feet 5,867.0 2.00 11,734.00 Gallon 1,440.0 3.70 5,328.00 Ton 1,100.0 100.00 110,000.00 Each 8.0 150.00 1,200.00 Each 29.0 1 150.00 4,350.00 Lump Sump 1.0 1 5,000.00 1 5,000.00 Lineal Feet 1 2,935.0 1 0.85 1 2,494.75 TOTAL MAINTENANCE OVERLAY: CALIFORNIA ST NW (FROM HWY 7 W TO SCHOOL RD NW) Signed 150,106.75 City of Hutchinson, 111 Hassan St SE, Hutchinson, MN 55350 (320) 234-4209 Maintenance Overlay - California St NW (Hwy7 W to School Rd NW) Letting No. 8; Project NO. 23-08 2023 Maintenance Overlay Bid Opening: August 30, 2023 Completion date: October 31. 2023 Bertram Asphalt Co, Inc Valley Paving, Inc. PO Box 162 880013th Ave Paynesville, MN 56362 Shakopee, MN 55379 (320) 292-1311 (952) 445-8615 bertramasphalt@gmail.com brentCDyal leypaving.com Southwest Paving NO RESPONSE Line No. Item No. Item Description Engineer's Estimate: CONTRACTOR BID CONTRACTOR BID CONTRACTOR BID Unit Quantity Bid Price Bid Total Bid Price Bid Total Bid Price Bid Total Bid Price Bid Total 1 2021.501 Mobilization Lump Sump 1.0 10,000.00 10,000.00 1,272.00 1,272.00 7,500.00 7,500.00 2 2232.603 Mill Bituminous Surface (1.25" depth along curb, tapered 6.0'to 0.0") Lineal Feet 5,867.0 2.00 11,734.00 2.45 14,374.15 0.78 4,576.26 3 2357.506 Bituminouse Material for Tack Coat Gallon 1,440.0 3.70 5,328.00 2.55 3,672.00 0.01 14.40 4 2360.509 Type SP 9.5 Wearing Course Mixture (2, C) Ton 1,100.0 100.00 110,OD0.00 123.67 136,037.00 101.00 111,100.00 - - 5 2504.602 Adjust Valve Box Each 8.0 150.00 1,200.00 7.79 62.32 30.00 240.00 6 2506.502 Adjust Frame and Ring Casting Each 29.0 150.00 4,350.00 18.65 540.85 40.00 1,160.00 7 2563.601 Traffic Control Lump Sump 1.0 5,000.00 5,000.00 623.53 623.53 2,530.00 2,530.00 8 2582.503 4" Broken Line Paint - Yellow Lineal Feet 2,935.0 F 0.85 2,494.75 0.85 2,494.75 1 0.17 498.95 Contractor: Address: Telephone: TOTAL MAINTENANCE OVERLAY: CALIFORNIA ST NW (FROM HWY 7 W TO SCHOOL RD NW) 150,106.75 159,076.60 127,619.61 Signed 09/05/2023 Purchase Requisition 08:51 AM Purchase Requisition No 020394 Requested Date Required Date Requested By 09/05/2023 jolson Preferred Vendor 134822 VALLEY PAVING INC Address 8800 13TH AVE E Department 4300 SHAKOPEE, MN 55379 Req. Description MAINT OVERLAY - CALIFORNIA ST NW (HWY 7 - SCHOOL RD NW) Qty. Description GL Number 1 Unit Price Amount 1 MAINT OVERLAY-CALIFORNIA ST 401-4300-90530-1660 127,619.91 127,619.91 Total: 127,619.91 c 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 Date: 9/12/2023 Application Complete N/A Contact: Thomas D Gifferson Agenda Item Type: Presenter: Thomas D Gifferson Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Requesting approval of resolution #15627 to donate surplus property to Brownton Police Department. Surplus property: A bank of 10 standalone metal lockers that were used for temporary evidence storage in the old police department evidence preparation area. Evidence lockers are of no useful value to Hutchinson police Services. 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: N/A Remaining Cost: $ 0.00 Funding Source: N/A RESOLUTION TO DONATE SURPLUS POLICE DEPARTMENT PROPERTY Resolution No. 15627 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 for department use as temporary evidence storage. 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 bank of 10 standalone metal lockers that were used for temporary evidence storage in the old police department evidence preparation area to the Brownton Police Department. Adopted by the City Council this 12th day of September, 2023 Mayor City Administrator CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/17/23 - 9/12/23 Check Date --------------- 08/17/2023 Check ---------- 112867 Vendor Name ------------------ ----------- ---------- ---------------- INTERSTATE ALL BATTERY CENTER Description -------------------------------------------------------------------- BATTERIES - STREETS Amount ------------------- 224.75 08/17/2023 112868 INTERSTATE BATTERY SYSTEM MINNEAPOL BATTERIES - HATS 425.85 08/23/2023 112869 LEAGUE OF MN CITIES -INS TRUST CLAIM #286815 425.00 08/25/2023 112870 MNPEA Payroll Report 8/6/23 - 8/19/23 720.00 08/25/2023 112871 UNUM Life Insurance Payroll Report 8/6/23 - 8/19/23 903.49 08/25/2023 112872 LELS Union Dues Payroll Report 8/6/23 - 8/19/23 337.50 08/25/2023 112873 HART Payroll Report 8/6/23 - 8/19/23 478.51 08/25/2023 EFT EFTPS Payroll Report 8/6/23 - 8/19/23 81,009.77 08/25/2023 EFT Child Support Payroll Report 8/6/23 - 8/19/23 450.39 08/25/2023 EFT MN Dept of Revenue Payroll Report 8/6/23 - 8/19/23 15,602.06 08/25/2023 EFT Provident Life -Vol Ins Payroll Report 8/6/23 - 8/19/23 383.34 08/25/2023 EFT PERA Payroll Report 8/6/23 - 8/19/23 60,729.33 08/25/2023 EFT Further HSA Payroll Report 8/6/23 - 8/19/23 15,290.67 08/25/2023 EFT Mission Square Payroll Report 8/6/23 - 8/19/23 4,152.13 08/25/2023 EFT VOYA Payroll Report 8/6/23 - 8/19/23 460.00 08/25/2023 EFT MNDCP Payroll Report 8/6/23 - 8/19/23 325.00 09/12/2023 112874 ACE HARDWARE - 1315 REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 675.87 09/12/2023 112875 VOID VOIDED CHECK - 09/12/2023 112876 ACE HARDWARE - 1790 REPAIR & MAINT SUPPLIES - FIRE 127.84 09/12/2023 112877 ACE HARDWARE - 1825 REPAIR & MAINT SUPPLIES - POLICE 42.55 09/12/2023 112878 ACE HARDWARE - 6762 PAINT & SUPPLIES - REFUSE 63.96 09/12/2023 112879 ADVANCED ENGINEERING & ENVIRONMENTA LS IMPVS, SCADA PROJECT - WWTP & WATER 3,480.00 09/12/2023 112880 ADVANCED HEALTH, SAFETY & SECURITY SAMPLE TESTING - GO TAX REFUNDING 1,125.00 09/12/2023 112881 ADVANCED POWER SERVICES INC GENERATOR INSPECTIONS - WATER 315.00 09/12/2023 112882 AGUILAR-GONZALEZ, JOSE UB refund for account: 3-657-7950-9-03 141.20 09/12/2023 112883 ALEX AIR APPARATUS 2 LLC SCBA COMPRESSOR TESTING - FIRE 804.89 09/12/2023 112884 AMENT, ADAM REIMB: TABLE FOR BOOKING - POLICE 258.24 09/12/2023 112885 AMERICAN BOTTLING CO COST OF GOODS SOLD - LIQUOR HUTCH 351.66 09/12/2023 112886 AMPLIFY FOR CHANGE SUPPORT TO MPCA GRANT - CREEKSIDE 1,000.00 09/12/2023 112887 ARTISAN BEER COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 1,291.85 09/12/2023 112888 AUTO-CHLOR SYSTEM 8/22 DISHWASHER SERVICE - SR DIN 259.32 09/12/2023 112889 B & B SPORTS & RV RESCUE-8 SKID BARB BRASS FUEL VALVE - FIRE 22.25 09/12/2023 112890 BALDWIN SUPPLY COMPANY SKIRTBOARD - CREEKSIDE 334.36 09/12/2023 112891 BARGEN INC HWY 15 TRAIL REPAIRS - STREETS 13,200.00 09/12/2023 112892 BARKEIM, ELDON/NAOMI UB refund for account: 2-670-8970-1-01 57.69 09/12/2023 112893 BEACON ATHLETICS JOX BASEBALL WEDGES - PARKS 1,838.00 09/12/2023 112894 BELLBOY CORP COST OF GOODS SOLD - LIQUOR HUTCH 6,774.82 09/12/2023 112895 BERNICK'S COST OF GOODS SOLD - LIQUOR HUTCH 1,102.31 09/12/2023 112896 BOCK, CINDY REIMB: SUBPOENA MILEAGE - POLICE 8.12 09/12/2023 112897 BOLTON & MENK INC OTTER & CAMPBELL LAKES THRU 8/22 - STREETS 10,493.00 09/12/2023 112898 BRASS FOUNDRY BREWING CO COST OF GOODS SOLD - LIQUOR HUTCH 743.41 09/12/2023 112899 BRAUN INTERTEC CORP PD WINDOW TESTING/ROBERTS RD PROJ THRU 8/25/23 10,392.00 09/12/2023 112900 BREAKTHRU BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 39,469.87 09/12/2023 112901 BRIGHTLY SOFTWARE INC MAP & MERCHANT CONN CONFIG - BLDG INSPEC 2,612.50 09/12/2023 112902 BSN SPORTS LLC FB PANTS W/ PADS, MOUTHGUARDS - REC 2,672.90 09/12/2023 112903 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 91,360.23 09/12/2023 112904 C-AIRE INC COMPRESSOR MAINT, FILTERS - COMPOST 1,816.63 09/12/2023 112905 CANNON RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 180.00 09/12/2023 112906 CARD SERVICES SUPPLIES - POLICE 182.07 09/12/2023 112907 CENTRAL HYDRAULICS REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 3,118.49 09/12/2023 112908 CENTRAL MCGOWAN OXYGEN - CREEKSIDE 58.09 09/12/2023 112909 CINTAS CORPORATION SUPPLIES & SERVICE - MULTIPLE DEPTS 510.94 09/12/2023 112910 CLARKE ENVIRONMENTAL MOSQUITO MGMT AUG MOSQUITO MGMT-STREETS 8,930.24 09/12/2023 112911 COKER COMPOSTING AND CONSULTING SUPPORT TO CASP IMPL & MPCA GRANT - CREEKSIDE 412.50 09/12/2023 112912 COLDSPRING ROSE NICHE FRONT - CEMETERY 335.00 09/12/2023 112913 CORE & MAIN LP 2 BOXES OF INSIDE TRANSMITTERS - WATER 9,558.00 09/12/2023 112914 CREEKSIDE SOILS MULCH, DIRT - PARKS, STREETS 374.98 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/17/23 - 9/12/23 Check Date --------------- 09/12/2023 Check ---------- 112915 Vendor Name ------- ------- -------- ----- ---------------------------- CROW RIVER PRESS INC Description ----------------------------- ---- ------------- ----- ----------------- SUPPLIES, NEWSLETTERS - MULTIPLE DEPTS Amount ------------------- 1,065.49 09/12/2023 112916 DAHLHEIMER BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 75,356.76 09/12/2023 112917 VOID VOIDED CHECK - 09/12/2023 112918 DAKOTA STORAGE BUILDINGS LLC 12X20 BUILDING FOR CASP PROJECT - REFUSE 11,619.71 09/12/2023 112919 DLT SOLUTIONS LLC ANNUAL SUBSCRIPTION RENEWALS 7,882.97 09/12/2023 112920 DUMMER, TYLER UB refund for account: 1-570-8040-6-03 71.17 09/12/2023 112921 E2 ELECTRICAL SERVICES INC INSTALL CONDUIT - REC CTR 645.21 09/12/2023 112922 ECOLAB PEST ELIMINATION PEST CONTROL- MULTIPLE DEPTS 306.50 09/12/2023 112923 ECOSAFE ZERO WASTE USA INC 24"X32" COMPOSTABLE BAG / LINER - REFUSE 6,678.00 09/12/2023 112924 EHLERS & ASSOCIATES INC JULY TIF REPORTING 3,378.75 09/12/2023 112925 ELECTRO WATCHMAN ADDED CODE TO PANEL- LIBRARY 25.00 09/12/2023 112926 FARM -RITE EQUIPMENT HYDRAULIC FLUID, EQUIP RENTAL- STREETS 2,640.87 09/12/2023 112927 FASTENAL COMPANY REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 525.28 09/12/2023 112928 FENSKE'S STUMP REMOVAL STUMP REMOVALS - STREETS 12,100.00 09/12/2023 112929 FERGUSON WATERWORKS #2518 AY WATER LID ONLY, FLANGE KIT - WATER 371.62 09/12/2023 112930 FIRE SAFETY USA INC TRAINING SMOKE FLUID - FIRE 495.00 09/12/2023 112931 FOSTER MECHANICAL HVAC REPAIRS - MULTIPLE DEPTS 605.00 09/12/2023 112932 FOTH INFRASTRUCTURE & ENVIRONMENT CASP DESIGN/CONST THRU 7/31 - CREEKSIDE 7,332.77 09/12/2023 112933 FOUNTAIN HILL WINERY & VINEYARD LLC COST OF GOODS SOLD - LIQUOR HUTCH 343.20 09/12/2023 112934 FUZE LOGISTICS SERVICES USA INC 5/26 CREEKSIDE FREIGHT TO STOCKMANS, OSSEO 650.00 09/12/2023 112935 GALLS LLC SHIRTS, PANTS - POLICE 270.00 09/12/2023 112936 GAVIN, JANSSEN & STABENOW LTD MAY/DUNE PROSECUTIONS, DOG BITE CASE - LEGAL 8,280.00 09/12/2023 112937 GLOBAL SPECIALTY CONTRACTORS INC VALVE - WATERPARK 1,255.00 09/12/2023 112938 GRAINGER REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 3,221.77 09/12/2023 112939 GRATKE, TIM REIMB: MWOA CONF - WWTP 310.08 09/12/2023 112940 GREEN EARTH LAWN CARE INC JULY MOWING: GLEN STREET 180.00 09/12/2023 112941 HAGER JEWELRY INC NAME PLATE & ENGRAVING - REFUSE 46.50 09/12/2023 112942 HANSEN GRAVEL INC WASHED SAND - STREETS 408.00 09/12/2023 112943 HANSON & VASEK CONSTRUCTION CURB CUT - ARENA 4,400.00 09/12/2023 112944 HAWKINS INC SODIUM HYDROXIDE, ACID -WATER 9,832.14 09/12/2023 112945 H EALTH PARTN ERS INC SEPTEMBER MEDICAL INSURANCE 117,798.71 09/12/2023 112946 HELDT PAINTING & CONTRACTING LLC PATCHING & PAINTING - EDA 240.00 09/12/2023 112947 HILLYARD / HUTCHINSON OPERATING SUPPLIES - MULTIPLE DEPTS 1,334.71 09/12/2023 112948 HJERPE CONTRACTING REPAIR WATER LEAK - WATER 2,208.90 09/12/2023 112949 HOISINGTON KOEGLER GROUP INC GROWTH AREA PLANNING THRU 7/31 1,966.76 09/12/2023 112950 HOME CITY ICE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 1,319.48 09/12/2023 112951 HUSTON, CHAD REIMBURSE DAMAGE TO RV DOOR - PARKS 3,024.08 09/12/2023 112952 HUTCH WARD II LLC UB refund for account: 2-323-0011-0-02 17.45 09/12/2023 112953 HUTCHINSON AREA CHAMBER OF COMMERCE LEADERSHIP PARTICIPANTS - MULTIPLE DEPTS 1,100.00 09/12/2023 112954 HUTCHINSON CHAMBER & TOURISM JULY 2023 LODGING TAX 12,560.74 09/12/2023 112955 HUTCHINSON FIGURE SKATING ASSOC PRCE SKATE SCHOOL INSTRUCTOR - ARENA 1,169.25 09/12/2023 112956 HUTCHINSON HEALTH DRUG TESTING - REFUSE 243.00 09/12/2023 112957 HUTCHINSON JUNIOR LEAGUE BASEBALL SUMMER BASEBALL REG - REC 24,124.84 09/12/2023 112958 HUTCHINSON LEADER SUBSC, ADVERTISING - MULTIPLE DEPTS 1,407.23 09/12/2023 112959 HUTCHINSON WHOLESALE #1550 EQUIPMENT PARTS - MULTIPLE DEPTS 99.09 09/12/2023 112960 HUTCHINSON WHOLESALE #1551 EQUIPMENT PARTS - COMPOST 1,372.08 09/12/2023 112961 HUTCHINSON WHOLESALE #1552 SWITCHES - PARKS 19.98 09/12/2023 112962 HUTCHINSON WHOLESALE #2520 SOCKET SETS: SHOP TOOLS - FIRE 273.65 09/12/2023 112963 HUTCHINSON, CITY OF JUL 2023 STORM DRAINAGE - MULTIPLE DEPTS 7,116.58 09/12/2023 112964 HUTCHINSON, CITY OF ATM CASH 4,000.00 09/12/2023 112965 IDEAL SERVICE INC TROUBLESHOOT WELL #5 VFD - WATER 435.00 09/12/2023 112966 IMS-INDUSTRIAL MAINTENANCE SUPPLIES CATCH BASIN REPAIRS - STORM WATER 1,875.00 09/12/2023 112967 INTEGRATED POWER SERVICES LLC MARATHON - WWTP 801.03 09/12/2023 112968 INTERSTATE BATTERY SYSTEM MINNEAPOL BATTERY - HATS 145.95 09/12/2023 112969 ISD #423 1/3 SIDEWALK & CURB AT PARK ELEM - STREETS 5,055.67 09/12/2023 112970 JLR GARAGE DOOR SERVICE EAST DOOR REPAIR - PARKS 447.28 09/12/2023 112971 JOHNSON BROTHERS LIQUOR CO COST OF GOODS SOLD - LIQUOR HUTCH 45,162.70 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/17/23 - 9/12/23 Check Date --------------- 09/12/2023 Check --------- - 112972 Vendor Name ----- ------------------ ---- ---------------------------- JUUL CONTRACTING CO Description ----------------------- ------ -------- ----------- ----------- --------- 2ND AVE POND: RIP RAP, EQUIP & LABOR - STORM Amount ------------------- 738.90 09/12/2023 112973 KAHL, DENNIS MOWING MULTIPLE RESIDENCES - STORM WATER 670.00 09/12/2023 112974 KAMPS INC PALLETS - COMPOST 6,240.00 09/12/2023 112975 KANDIYOHI COUNTY HEALTH & HUMAN SVC VULNERABLE ADULT INV TRAINING - POLICE 90.00 09/12/2023 112976 KERI'S CLEANING & HANDYMAN SERVICES AUG CLEANING - MULTIPLE LOCATIONS 6,301.06 09/12/2023 112977 KOHLS SWEEPING SERVICE 2023 SHORT -LINE STRIPING - STREETS 9,999.30 09/12/2023 112978 KRANZ LAWN & POWER EQUIPMENT PARTS - MULTIPLE DEPTS 771.86 09/12/2023 112979 KWIK TRIP CONCESSION SUPPLIES - WATERPARK 2,386.48 09/12/2023 112980 L & P SUPPLY CO EQUIPMENT PARTS - MULTIPLE DEPTS 1,194.90 09/12/2023 112981 LAW ENFORCEMENT SEMINARS LLC IA INVESTIGATION SEMINAR - POLICE 850.00 09/12/2023 112982 LEAGUE OF MN CITIES 2023-2024 MEMBERSHIP DUES 15,111.00 09/12/2023 112983 LEAGUE OF MN CITIES -INS TRUST 2023/24 INSURANCE RENEWAL & 4TH QTR PREMIUMS 186,231.00 09/12/2023 112984 LOGIS SEPT 2023 APPL BASE, SUPPLIES - MULTIPLE DEPTS 64,015.94 09/12/2023 112985 M&D CARPENTRY LLC CABINETS REMOVE/INSTALL- DMV 600.00 09/12/2023 112986 M-R SIGN SIGNS - STREETS 169.07 09/12/2023 112987 MACQUEEN EMERGENCY SCBA PACK REPAIRS - FIRE 182.00 09/12/2023 112988 MACQUEEN EQUIPMENT VACTOR TRAINING - WWTP 500.00 09/12/2023 112989 MADDEN GALANTER HANSEN LLP LABOR RELATIONS SERVICES THRU 7/31/23 60.00 09/12/2023 112990 MARCO TECHNOLOGIES LLC AUG SHREDDING, CONTRACTS - MULTIPLE DEPTS 500.25 09/12/2023 112991 MARCO TECHNOLOGIES LLC 8/20 - 9/20'23 CONTRACT - MULTIPLE DEPTS 2,153.91 09/12/2023 112992 MASICA, ABI REFUND: COACHING - REC 35.00 09/12/2023 112993 MASTER CRAFT MECHANICAL HOT WATER LEAK - LIQUOR HUTCH 135.00 09/12/2023 112994 MCLEOD COUNTY PROPERTY MANAGEMENT UB refund for account: 3-210-4360-4-02 26.81 09/12/2023 112995 MENARDS HUTCHINSON REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 3,586.94 09/12/2023 112996 VOID VOIDED CHECK - 09/12/2023 112997 MESSNER, KEITH REIMB: SAFETY FOOTWEAR - ENG 160.00 09/12/2023 112998 MESSNER, SANDRA HEM PANTS - POLICE 20.00 09/12/2023 112999 MEUFFELS, CASSANDRA REIMB: AUG MILEAGE TO/FROM CREEKSIDE 28.86 09/12/2023 113000 MID -STATE ROLL -OFF SERVICE ROLL -OFF - POLICE 676.95 09/12/2023 113001 MINI BIFF RENTALS - MULTIPLE DEPTS 422.79 09/12/2023 113002 MINNESOTA DEPT OF HEALTH Q3 2023 STATE FEE - WATER CONNECTIONS 12,512.00 09/12/2023 113003 MINNESOTA VALLEY TESTING LAB LAB SAMPLE TESTING - MULTIPLE DEPTS 16,302.03 09/12/2023 113004 MN DEPT OF TRANSPORTATION JOB COST TRANSFERS - STREETS 972.67 09/12/2023 113005 MORTENSON, CINDY UB refund for account: 3-870-4650-9-02 6.30 09/12/2023 113006 MOTION PICTURE LICENSING CORPORATIO 10/13/23 - 10/12/24 MPLC UMBRELLA LICENSE - SR CTR 420.59 09/12/2023 113007 MRPA CONFERENCE REGISTRATIONS - PARK & REC 1,598.00 09/12/2023 113008 MTI DISTIBUTING INC CASTER FORK - PARKS 294.92 09/12/2023 113009 NELSON INTERNATIONAL ENGINE #2 ENGINE REPAIR - FIRE 4,280.01 09/12/2023 113010 NERO ENGINEERING LLC 6/1 - 7/31 WASTEWATER TREATMENT EFFORTS 25,332.50 09/12/2023 113011 ODP BUSINESS SOLUTIONS LLC STIR STICKS, BOWLS - HATS 59.45 09/12/2023 113012 OLD DOMINION BRUSH CO INC BOX SCREENS - STORM WATER 3,808.24 09/12/2023 113014 PAL-SERV PALLETS - COMPOST 5,668.00 09/12/2023 113015 PARAGON RESTORATION II INC L10P22-10 BRIDGE DECK REHAB PAY #4 THRU 77,486.75 09/12/2023 113016 PARK NICOLLET CLINIC SEPT 2023 CAM 1,500.00 09/12/2023 113017 PAUSTIS WINE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 1,724.00 09/12/2023 113018 PEAT INC FINE BLACK PEAT - COMPOST 18,480.00 09/12/2023 113019 PEN & INC PLATE INSPEC & TRANSFER - COMPOST 1,146.60 09/12/2023 113020 PEOPLEREADY INC CREEKSIDE TEMP STAFFING 2,927.04 09/12/2023 113021 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 16,157.81 09/12/2023 113022 PIONEER ATHLETICS / PIONEER MFG MARKING PISTOL, AEROSOL, MARKING PAINT - PARKS 3,252.91 09/12/2023 113023 POMP'S TIRE SERVICE INC TIRES - MULTIPLE DEPTS 1,211.48 09/12/2023 113024 PREMIER TECH CHRONOS EQUIPMENT PARTS - COMPOST 4,747.39 09/12/2023 113025 PREMIUM WATERS 5 GALLONS - PARKS 51.74 09/12/2023 113026 PRO AUTO MN INC 2014 FUSION: OIL CHANGE, INSPEC - BLDG INSPEC 78.54 09/12/2023 113027 PROEHL, QUINTEN UB refund for account: 3-275-7320-7-03 45.14 09/12/2023 113028 PROFESSIONAL WATER TECHNOLOGIES INC SPECTRAGUARD - WATER 7,117.00 09/12/2023 113029 QUALITY NEW & USED PALLETS PALLETS - COMPOST 18,720.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 8/17/23 - 9/12/23 Check Date --------------- 09/12/2023 Check ---------- 113030 Vendor Name -- ---- --------------- ---------------------------------- R & R EXCAVATING Description ----------------------- -------- ----------- ------ -------------------- L1P23-01: ROBERTS RD SW #6 THRU 8/29 Amount ------------------- 319,039.30 09/12/2023 113031 REDLINE SYSTEMS INC 3 X 3 SQUARE TUBING 20 FT STICK - PARKS 186.60 09/12/2023 113032 REINER ENTERPRISES INC CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 3,258.25 09/12/2023 113033 REVIER WELDING HR FLATSTEEL-AIRPORT 172.80 09/12/2023 113034 ROYAL WASH HOUSE LAUNDRY SERVICES - EV CTR 33.67 09/12/2023 113035 RUNNING'S SUPPLY REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 375.03 09/12/2023 113036 SCHLAUDERAFF IMPLEMENT CO PTO SHAFT - WWTP 2,699.36 09/12/2023 113037 SCHWEISS DOORS DOOR REPAIR -AIRPORT 863.00 09/12/2023 113038 SHAKOPEE BREWHALL COST OF GOODS SOLD - LIQUOR HUTCH 120.00 09/12/2023 113039 SHI INTERNATIONAL CORP ANNUAL SOFTWARE,SUPPORT- MULTIPLEDEPTS 22,074.15 09/12/2023 113040 SHORT-ELLIOT-HENDRICKSON INC JULY PROJECTS - MULTIPLE DEPTS 13,466.60 09/12/2023 113041 SITEONE LANDSCAPE SUPPLY SS ROTOR 6" RISER W/ CHECK VALVE - PARKS 565.91 09/12/2023 113042 SMALL LOT MN COST OF GOODS SOLD - LIQUOR HUTCH 1,549.30 09/12/2023 113043 SORENSEN'S SALES & RENTALS GENIE LIFT RENTAL - WATER 39.00 09/12/2023 113044 SOUTHERN WINE & SPIRITS OF MN COST OF GOODS SOLD - LIQUOR HUTCH 41,526.04 09/12/2023 113045 STAMP-N-STORAGE CUSTOM CASH DRAWER INSERT - DMV 156.00 09/12/2023 113046 STANDARD PRINTING-N-MAILING SUPPLIES, POSTAGE - MULTIPLE DEPTS 1,330.66 09/12/2023 113047 STAPLES ADVANTAGE OFFICE SUPPLIES - MULTIPLE DEPTS 1,215.30 09/12/2023 113048 STATE OF WISCONSIN 7/22 - 6/23 TONNAGE/LICENSE - COMPOST 286.60 09/12/2023 113049 STREICH TRUCKING CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 10,225.00 09/12/2023 113050 STREICHER'S AMMO - POLICE 1,081.66 09/12/2023 113051 STUTELBERG, KAITLYN REFUND: CANCELLED CAMPGROUND RES - PARKS 25.00 09/12/2023 113052 SUPERIOR JETTING 2 DAYS OF HIGH PRESSURE JETTING WTP REJECT PIPES 5,156.25 09/12/2023 113053 SYSCO WESTERN MN CONCESSION SUPPLIES - WATERPARK 596.64 09/12/2023 113054 TALL SALES COMPANY JULY CREEKSIDE COMMISSIONS 1,520.58 09/12/2023 113055 TERMINAL SUPPLY CO ROCKER SWITCHES, COPPER LUGS, NUTS - HATS 89.92 09/12/2023 113056 THOMSON REUTERS-WEST JULY SUBSCRIPTION - LEGAL 1,266.72 09/12/2023 113057 TITAN MACHINERY 2023 CASE 621 GXR WHEEL LOADER - COMPOST 195,408.00 09/12/2023 113058 TOLLIFSON, NICOLE UB refund for account: 1-786-0455-0-03 39.45 09/12/2023 113059 TRI COUNTY WATER BOTTLE WATER, COOLER RENTAL- MULTIPLE DEPTS 339.50 09/12/2023 113060 TWO-WAY COMMUNICATIONS INC PARTS & REPAIRS - MULTIPLE DEPTS 1,207.65 09/12/2023 113061 ULINE A -FRAMES - REC 293.94 09/12/2023 113062 UNITED FARMERS COOP FUEL - HATS 26,009.05 09/12/2023 113063 UNUM LIFE INSURANCE CO OF AMERICA SEPT LIFE INSURANCE 2,950.72 09/12/2023 113064 USA BLUE BOOK ORION FORMIC ACID REAGENT, ANALYZER - WATER 9,456.58 09/12/2023 113065 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 25,793.75 09/12/2023 113066 VIKING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 802.45 09/12/2023 113067 VINOCOPIA INC COST OF GOODS SOLD - LIQUOR HUTCH 5,129.63 09/12/2023 113068 VIVID IMAGE TIGERPATH GUIDE UPDATES - EDA 705.00 09/12/2023 113069 VOS CONSTRUCTION INC LOCKER ROOM DESIGN FEE - ARENA 4,000.00 09/12/2023 113070 WARNKE, HEIDI UB refund for account: 3-130-1060-0-01 2.34 09/12/2023 113071 WASTE MANAGEMENT OF WI -MN REFUSE TAKEN TO LANDFILL 6,633.03 09/12/2023 113072 WEGNER, JEFFREY REIMB: SAFETY FOOTWEAR - PARKS 206.99 09/12/2023 113073 WILLOW CREEK CONCRETE PRODUCTS BLOCK, PINS, GRID - KIWANIS PROJ RETAINING WALL 4,434.85 09/12/2023 113074 WILSON'S NURSERY INC PLANTS, TREES - MULTIPLE DEPTS 193.50 09/12/2023 113075 WINE COMPANY, THE COST OF GOODS SOLD - LIQUOR HUTCH 5,288.00 09/12/2023 113076 WINE MERCHANTS INC COST OF GOODS SOLD - LIQUOR HUTCH 5,823.85 09/12/2023 113077 WITTE SOD FARMS INC SOD - PARKS 174.00 09/12/2023 113078 WM MUELLER & SONS SAND - STREETS 7,903.14 09/12/2023 113079 WOLF BRONZE LLC SCULPTURE RESTORATION 3,180.00 09/12/2023 113080 WOOD & RUE PLLP COURT FILE # 43-CR-22-996 REVIEW - LEGAL 623.16 09/12/2023 113081 ZARNOTH BRUSH WORKS INC CABLEWRAP - STORM WATER 560.00 09/12/2023 113082 ZOHO CORPORATION SUBSC FOR MANAGEENGINE - MULTIPLE DEPTS 1,195.00 09/12/2023 113083 ZWEIBOHMER, AUSTIN UB refund for account: 3-125-1060-7-05 69.03 Total - Check Register A: $ 2,061,130.60 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATE FROM 8/17/23 - 9/12/23 Check Date --------------- 09/12/2023 Check ---------- 113013 Vendor Name ------------------------------------------------------- OUTDOOR MOTION Description -------------------------------------------------------------------- TUBES, TIRES - POLICE Amount ------------------- 45.00 Total - Check Register B: $ 45.00 HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. 2023 Emerald Ash Borer (EAB) update Agenda Item: Department: Public Works/Engineering LICENSE SECTION Meeting Date: 9/12/2023 Application Complete N/A Contact: John Olson/Mike Stifter Agenda Item Type: Presenter: John Olson/Mike Stifter Reviewed by Staff ❑� Communications, Requests Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: On August 18, 2023, the Minnesota Department of Agriculture placed McLeod County on an emergency EAB quarantine. This summer, EAB was detected in the County between Hutchinson and Silver Lake. This discovery is the second of three triggering events identified in the City's EAB Response Plan. Upon an infestation within the County, the City's plan is to initiate and continue pesticide treatments of specific, high -value ash trees. The City will continue its proactive removal and replacement of ash trees in poor to moderate health conditions. We anticipate finding EAB within City limits soon. Once a verified infestation is detected, the City will then shift its focus to inspecting trees, identifying infested trees and removing them. We will also be notifying property owners of their need to remove any dead trees. A registration list for tree -care contractors will also be built. City staff will make a presentation and be available to answer any questions. BOARD ACTION REQUESTED: No action required 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: N/A Remaining Cost: $ 0.00 Funding Source: N/A HUTCHINSON A CITY ON PURPOSE. Implementation of Emerald Ash Borer (EAB) Management Plan City of Hutchinson UPDATE: August, 2023 Purpose This management plan addresses the infestation of EAB in the City of Hutchinson's urban forest. The goal of this plan is to address an EAB infestation through public education, inspection, and strategic management. By continually refining and maintaining efforts begun in the early 2000's, the intent is to mitigate, to the extent possible, the disruption to the City's urban forest caused by an EAB infestation. Fostering public awareness of EAB will help with early detection of an infestation. By implementing proactive and reactive management practices, the City intends to spread the affects and costs associated with an EAB infestation over time to the extent possible. Applicability This plan is applicable to trees within rights -of -way and trees on other publicly owned property. Removal orders for infested trees on private properties may become necessary if infestations result in specific public hazards, negatively affect public land and/or threaten the overall health of Hutchinson's urban forest. Removals of infested trees is to be done during the period of November to March of each year whenever possible, except in the case of specific public hazards. Administration The Public Works Manager and Arborist are responsible for implementing and overseeing this plan. They implement proactive and reactive components of this plan with support from others in Public Works, the Parks, Recreation & Community Education department, Creekside Soils and City administration. EAB Background EAB is a non-native beetle that causes widespread decline and death of ash trees. EAB, in its larval stage, feeds on plant tissues between the bark and sapwood, disrupting the transport of water and nutrients within the tree. When the infestation is severe enough in an individual tree, the tree will die. Millions of ash trees across the country and within Minnesota have been lost to EAB. For planning purposes, it is assumed that EAB will kill about 10% of ash trees within the first five years. In years 6-10, about 20% will die. In years 11-15, the remaining 70% will die. EAB Status in Minnesota In August of 2023, EAB was found in eastern McLeod County. McLeod County was identified as having "general infestation" and McLeod County was included in a quarantine to prevent the further spread of EAB. The quarantine sets forth: definitions, regulated articles, quarantined areas, conditions of movement, violations, penalties and special exemptions. The Notice and State Emergency Quarantine became effective as of August 18, 2023, when it was signed by Thom Petersen, Commissioner, Minnesota Department of Agriculture. In 2009, EAB was found along the Mississippi river in southern Minnesota and in the City of St. Paul. Soon after that, Minneapolis discovered EAB. Since then, EAB has spread closer to Hutchinson. EAB was then found in counties to the north, south and east of McLeod County (Carver, Sibley, Wright). Given its proximity and progression rate, EAB is likely to be found in the City shortly. The Minnesota Department of Agriculture (MnDoA) maintains a map of infestation sites in Minnesota. MnDoA, MnDNR and the University of Minnesota work together to coordinate responses and produce helpful educational material. Most educational material is public and available to anyone via websites. EAB Management Strategies In general, strategies for managing EAB include proactive and reactive strategies. When EAB was first found in Minnesota, the belief was that EAB would move rapidly throughout the state, as was the case in other states. The expectation was EAB would affect vast numbers, if not all, of the state's ash trees in a relatively short time. EAB has spread quite differently in Minnesota, however. Extensive efforts to detect infestations early and place quarantines on counties to restrict transportation of potentially infested wood from those counties have proven effective to slow the spread of infestation. Since the beginning of infestations in the United States, agencies have developed and improved proactive and reactive management approaches. Slowing the infestation and reducing local ash mortality rates serves to spread the cost of managing infestations over a longer time. In addition, biological and pesticide controls and processes are now available. These controls and processes are continually being refined, which makes Minnesota's EAB infestation look very different from past infestations in other states. Proactive management • Maintain tree inventory information. • Establish tree condition ratings to reflect the health of trees (Good, Moderate, Poor). • Identify triggering event(s) used to implement reactive management components of the plan. • Initiate removal and replacement of ash trees in poor or moderate health condition as resources permit. • Continue forestry diversification programs. o Continue the forestry diversification program that began in 2014 and was increased in 2017 to remove and replace up to 40 selected ash trees, replacing them with other species. As resources permit, also consider additional, larger diversification projects. o As opportunity arise, reduce the population of ash trees as part of street and roadway improvement projects. o Remove and replace selected boulevard ash trees in areas with high concentrations of ash trees to maximize urban forest diversification. Both the University of Minnesota and the MnDoA have recognized that removal of low value ash trees is an effective proactive management tool when preparing for an EAB infestation. Low quality ash trees will be removed and replaced as part of capital projects, maintenance activities and through the forestry diversification program. Special effort will be given to areas where ash trees makeup a significant portion of local tree population. These efforts will allow the City to enjoy the benefits of good quality ash trees for as long as possible. Triggering Events, Subsequent Inspection, Detection & Monitoring Triggering events are one or more of the following: 1) A verified EAB infestation in any adjoining county 2) A verified EAB infestation anywhere within McLeod County 3) A verified EAB infestation within the City of Hutchinson Five years ago, EAB was discovered in Clearwater, MN. In response to the first triggering event, on November 27, 2018, the City Council approved Resolution No. 14973, declaring EAB a public nuisance under City Code §92.02 (A) (1). This triggering event began reactive management measures. Providec there are adequate resources, the City intends to continue its proactive measures while implementing reactive measures. Reactive management Infestation within McLeod County • Initiate and continue pesticide treatments of specific, high -value ash trees. • As resources allow, continue proactive diversification projects and removals and replacements of ash trees in poor or moderate health condition, particularly in areas with a high percentage of ash trees. Infestation within City of Hutchinson • The priority will shift to removing dead or declining ash trees. • Efforts to remove and replace ash trees may continue, as resources permit. Regular monitoring of the condition of infested ash trees will begin. Removal orders for ash trees will include instructions to remove trees during winter months (November- March) whenever possible. Ash trees tend to deteriorate quickly and can cause significant hazards shortly after their decline, so it may not be possible to wait until winter months. For some ash trees, it will be necessary to remove trees as soon as practicable after they decline or die. Partial removals may be considered to address specific hazards. • Initiate Contractor registration Treelnventory The tree inventory is an important tool for this management plan. The Arborist continually updates Inventory data to reflect changes. Each year, the Arborist updates inventory information and makes an estimate of the number of publicly owned ash trees. Efforts are made to maintain general health condition ratings (Good, Moderate, Poor) for publicly owned ash trees, primarily using drive -by inspections. Using information from the tree inventory, the Arborist may select specific high -value ash trees on public property to include in a pesticide treatment program. Inspection, Detection & Monitoring The goal of this program is to detect an EAB infestation early. By recognizing an infestation early, it is easier to determine its extent. Inspection efforts will seek to identify the outer boundaries of any infestation. The City intends to seek help from and cooperate with federal and state agencies regarding placement of EAB traps and implementation of other inspection, detection and monitoring activities. City Arborist— In conjunction with inspections for Dutch Elm Disease, Bur Oak Blight, and other diseases and infestations, the Arborist's duties include inspection, detection and monitoring of EAB infestations. • City maintenance operators (Parks & Public Works) — City maintenance operators that are outdoors on a regular basis receive training in how to identify ash trees in all seasons. Training includes the identification of EAB insects, detection of potential ash tree defects, including both typical, natural defects and those potentially caused by an EAB infestation. • Property owners/residents — Property owners/residents may likely be the first to detect EAB on private property. Property owners/residents are encouraged to contact the City with information relating to any known or suspected infestation. They may directly contact the City by calling (320) 234-4219 or contact MnDoA using information on the "Arrest the Pest" website at http://www.mda.state.mn.us/arrestthepest. Federal and State Agencies — Federal and State agencies may provide a variety of services to assist in detecting and monitoring an infestation. For example, EAB traps may be set to determine whether there is an infestation and, if so, to help determine the extent of the infestation. Pesticide Treatment The City may elect to treat certain high value trees at the discretion of the Public Works Manager and the City Arborist, in consultation with the City director overseeing the property involved. These trees would be in areas where loss of the tree would cause significant affects, both environmentally and aesthetically, thereby warranting treatments to prolong tree life. Property owners/residents may choose to initiate pesticide treatments of privately owned ash trees at their own expense. The City Arborist will make reasonable efforts to guide property owners to the most current information regarding EAB pesticides and companies offering pesticide application services. Tree Removal The City has established a diversification program to strategically and proactively remove and replace ash trees. The program replaces ash trees with a wide diversity of tree species. Inventory information is used to identify specific areas within the City that have high ash tree populations or have ash trees that are in poor or moderate health. This information is used to establish program goals. This program is proactive and will continue until there is a verified infestation within the City. Depending upon the initial effect of the infestation and upon available resources, the diversification program may continue at the same time as other reactive management efforts. It is often difficult to identify infested trees within the first 3-5 years, because EAB leaves only subtle signs of infestation within the tree. After identifying an infested tree, the extent of the infestation and the number of trees affected will be determined as soon as possible. If necessary, assistance from federal or state agencies and/or arboricultural specialists may be used to help determine the extent of the infestation. Once an infestation is identified within the City, available inventory and health condition assessment information will be used to identify ash trees in poor health and steps will be taken to remove those trees as soon as practicable. Strategic removals of declining and aged ash trees helps to spread out the cost of removals and replacements and may help to slow the spread of EAB. Once ash trees decline or die, they can quickly become hazardous. Whenever possible, removal of dead ash trees takes place in winter, between November and March. However, if trees become hazardous or potentially hazardous, they will be removed as soon as possible. Partial removals may be considered to address specific hazards. Hazardous or potentially hazardous trees may include dead ash trees in parks, boulevards or those on private properties that may negatively affect the use of rights -of -way and public property. In areas where the tree does not pose a hazard, it is preferable to remove the tree during winter months. Removals are prioritized based on their potential hazard. Privately owned ash trees deemed to be hazardous may be removed or partially removed by City maintenance operators, if the property owner/resident does not comply within the time identified in an issued notice. These costs may be billed to the property owner/resident. In other cases, tree removal and replacement is the property owner's or resident's responsibility. Property owners and residents are encouraged to remove infested trees in a timely manner so they do not end up presenting a hazard. Tree removal efforts must account for what is happening throughout the urban forest. Tree removal efforts are coordinated with other departments and agencies whenever possible to maximize their effectiveness. Responses by federal, state, county or other governmental agencies will be monitored and adjustments will be made to the City's response plan, based upon resources available from other government agencies. Public Education and Outreach Once there is an EAB infestation within McLeod County, the City Arborist will distribute information about EAB to property owners/residents. Understanding the threat, knowing what to look for, knowing what options exist and knowing what to do will be areas of focus for the City's public education and outreach efforts. In addition, all City maintenance operators will receive additional education to help them recognize obvious signs and symptoms of an EAB infestation. The City will use a variety of forums to distribute information about EAB. These forums may include public hearings, programs, website information, articles, flyers, handouts, press releases and public service announcements. The City will provide training to neighborhood and/or volunteer groups interested in assisting the City detect and manage EAB. Whenever practicable, a public notice will be posted using the City's website and social media platforms before ash tree management functions take place near or adjacent to their property. Replanting Removing a large numbers of ash trees has the potential to result in an aesthetic and ecological impact. When feasible, considering engineering parameters and available resources, the intent of this program is to replace at least one-half of removed trees as soon as practicable. Available resources, local obstructions, setbacks and clearance requirements will all affect replanting efforts. When replanting, the goal will be to further diversify tree species within the urban forest, with the goal of having no more than 10% of any species, 20% of any genus, or 30% of any family of species, whenever possible. The goal is to maintain species diversification to within 5-10% (no more than approximately 700 to 1,400 trees of any one species). Wood Disposal and Utilization EAB spreads most quickly by transportation of infested wood, whether in the form of logs, tree waste, chips or firewood. Because an infestation was verified in McLeod County, the Minnesota Department of Agriculture has declared an emergency quarantine for McLeod County. No one will be able to move wood into or out of the county without complying with regulations under a separate agreement with the State of Minnesota. Creekside Soils will be the designated disposal site for infested ash trees. Determining the highest/best use of wood waste can take place once Creekside Soils receives affected trees. Possible uses for the wood include biomass fuel, mulch, pulpwood, and/or saw logs. Ordinances, Policies and Programs Applicable ordinances are included in City Code: §31.32 Sustainability Advisory Board §92 Nuisances; Health and Sanitation §92.02 Tree Diseases §153.85 Tree Planting in New Subdivisions §154.060 R-5 Manufactured Home Park §154.065 C-5 Conditional Commercial District §154.115 Screening, Landscaping, Outdoor Storage and Display This management plan is also subject to the most recent Public Works Urban Forest Maintenance Program, including the most current approved species list for boulevard trees. Contractor Reeistration It will likely be necessary to manage an influx of tree care contractors coming into the community following an EAB infestation. Once there is a verified infestation in the City, the City will establish City -sponsored educational seminars. Tree care contractors that provide the City with proof of insurance, attend a sponsored educational seminar and demonstrate an understanding of the City's minimum standards will be listed on the City's website. Contractors are responsible for initiating this process. This will be implemented to maximize benefits to property owners/residents. In any case, property owners/residents are encouraged to check the credentials of tree service contractors they engage. Fundine & Finances In 2011, the City began putting away funds to mitigate potential tree diseases/infestations. The City has transferred approximately $55,000 per year into a dedicated account. The City uses this account for diseased and infested tree removal and replacement costs. A portion of the money is for diversification projects to mitigate the effect of diseases and infestations. Because of the foresight that established this account, the City is in position to effectively respond to tree diseases and infestations. The account will provide for tree removals, pesticide treatments and replacement of at least some of the affected trees. This puts the City in an enviable position, when compared to many agencies who will only be able to react to diseases/infestations using current operating funds. The primary funding sources for urban forest management include: • Tree Disease/Infestation Mitigation account o Tree removal o Tree replacement o Proactive diversification projects • General fund o To fund tree replacements, it may be necessary to increase budgets, add general fund levies or impose fees. • Capital improvements o Planting trees on boulevards and pruning, caring for and removing them are recognized public improvements. Related costs may be assessed to benefitting properties. o Historically, the City has not assessed tree -related costs associated with improvement projects, but may consider assessing the excess cost of tree replacements. • G ra nts o City staff stays informed of available grant opportunities. • Donations o Cash and in -kind donations from individuals and groups are important for management of the urban forest. DocuSign Envelope ID: 49D04035-FFC6-40BB-AOCF-CBE63875B618 MINNESOTA DEPARTMENT OF AGRICULTURE STATE EMERGENCY QUARANTINE EMERALD ASH BORER Section I: Declaration of Emergency Quarantine Whereas, the Commissioner of the Minnesota Department of Agriculture, having found that an exotic pest, known as the emerald ash borer, Agrilus planipennis Fairmaire, has been detected in other states and has only a limited distribution in Minnesota at this time; and Whereas, the emerald ash borer has been found infesting and killing ash trees, Fraxinus spp., in certain states; and Whereas, ash trees are a valuable resource for the nursery, landscaping, and timber industries in Minnesota; and Whereas, ash trees represent a significant component of the natural, urban and rural forest environments in Minnesota; and Whereas, no federal quarantine is in place through the United States Department of Agriculture, Animal and Plant Health Inspection Service ("APHIS") that will limit the movement of emerald ash borer into un-infested areas of Minnesota through interstate commerce; Now, therefore, the Commissioner of the Minnesota Department of Agriculture by the authority of Minnesota Statutes Section 18G.06 (2008) declares this quarantine to prevent the further spread of this pest and sets forth: definitions, regulated articles, quarantined areas, conditions of movement, violations and penalties, and special exemptions. This quarantine shall become effective immediately and will remain in effect until withdrawn or superseded. Section II: Definitions "Ash" means all species of the genus Fraxinus. "Certificate" means a document authorized or prepared by the Commissioner or their designee that affirms, declares, or verifies that movement or use of a regulated article complies with this quarantine and other legal requirements. "Commissioner" means the Commissioner of the Minnesota Department of Agriculture or their designee. "Compliance agreement" means a written agreement between a person and the Commissioner to achieve compliance with this quarantine. "Emerald Ash Borer" ("EAB") means the insect known as emerald ash borer, Agrilus planipennis Fairmaire, in any stage of development. DocuSign Envelope ID: 49DO4035-FFC6-40BB-AOCF-CBE63875B618 "Firewood" means wood cut to lengths less than four feet long. This includes firewood cut for personal use. "Inspector" means an employee of the Minnesota Department of Agriculture or other individual authorized to enforce the provisions of this quarantine. "Log" means tree parts cut into lengths four feet or longer. "MDA designated receiving facility" is a facility located outside the quarantine areas that has an active compliance agreement with the Department to accept regulated articles for processing. "Minnesota" means the State of Minnesota. "Move" ("moved," "movement") means shipped, transported, carried; held or offered for shipment, transport or carriage; received for shipment, transport or carriage; or allowed to be shipped, transported or carried. "Person" means any individual, firm, association, partnership, corporation, governmental entity, or other legal entity. "Quarantined Area" means any area listed in Section IV of this quarantine. "Regulated Article" means any article listed under Section III of this quarantine. "State" means the District of Columbia, Puerto Rico, the Northern Mariana Islands, or any state, territory, or possession of the United States. "Transit" ("transiting") means movement through an area. Section III: Regulated Articles Regulated articles are as follows: (A) The emerald ash borer, Agrilus planipennis Fairmaire, in any stage of development. (B) All plants and plant parts of the genus Fraxinus, including but not limited to: a. Logs b. Nursery stock, scion wood, and bud wood c. Chips and mulch, either composted or un-composted d. Stumps, roots, and branches (C) Firewood of any non -coniferous (hardwood) species (D) Any article, product, or means of conveyance which the Commissioner determines to present a risk of spread of EAB and the Commissioner has notified the person in possession of that article, product, or means of conveyance, is subject to this quarantine. (E) Exceptions are: a. Ash seeds and leaves that contain no ash twigs, branches, and wood b. Processed lumber that is generally bark free, kiln dried, and with squared edges c. Finished wood products without bark, including furniture, baskets, and baseball bats 2 DocuSign Envelope ID: 49DO4035-FFC6-40BB-AOCF-CBE63875B618 Section IV: Quarantined Areas (A) The following are designated as quarantined areas: a. The following are designated as quarantined areas in Minnesota: McLeod County (B) The Commissioner may designate additional quarantined areas based upon future confirmation of the presence of the emerald ash borer. Such designations or changes will become effective upon the posting of notification on the Minnesota Department of Agriculture website located at http://www.mda.state.mn.us/eab and in the printed listing available upon request through the Minnesota Department of Agriculture Plant Protection Division, 625 N. Robert St., St. Paul, MN 55155, 651-201-6684 or 1-888-545-6684. In addition, notification will be made according to the requirements in Minnesota Statutes Section 18G.06, subd. 3(c). Section V: Restrictions on Regulated Articles (A) Movement From a Quarantined Area to a Non -Quarantined Area. a. The sale and/or movement of ash nursery stock from a quarantined area is prohibited. b. The movement of all regulated articles other than ash nursery stock is also prohibited, except under conditions i or ii below. i. The regulated article shall have been treated under a Compliance Agreement and a Certificate must be issued. The point of origin shall be indicated on the bill of lading or other shipping documents. The Certificate shall be attached to or associated with the regulated articles and shall remain on/with the regulated articles until such articles reach their final destination. The Certificate shall be given to the recipient at the destination of the shipment and shall be retained with the shipping documents. II. The regulated article is transported to an MDA designated receiving facility between October 1 and April 30 only. iii. The regulated article is transported under a state phytosanitary certificate issued by the state of origin with prior approval from the Commissioner. (B) Movement Transiting a Quarantined Area When Regulated Articles Originate from a Non -Quarantined Area. a. The transit of regulated articles originating from a non -quarantined area, through a quarantined area, to a non -quarantined area is prohibited, except under the following conditions: i. During the period of May 1 through September 30, if the regulated articles are shipped in an enclosed vehicle or completely enclosed by a covering adequate to prevent the infestation of regulated articles by emerald ash borer. 3 DocuSign Envelope ID: 49D04035-FFC6-40BB-AOCF-CBE63875B618 During the period of May 1 through September 30, uncovered regulated articles may transit without stopping except for refueling or traffic conditions. iii. Transit is not regulated during the period October 1 through April 30. (C) Movement From A Non -Quarantined Area Into A Quarantined Area. a. Regulated articles may move from a non -quarantined area into a quarantined area. Once an article has entered a quarantined area, it is subject to the same restrictions as an article that originated from the quarantined area. (D) Movement Within A Quarantined Area a. Regulated articles may move within a quarantined area. b. Exceptions are: Ash genus Fraxinus Nursery stock, scion wood, and bud wood (E) Removal Of Regulated Articles From Unauthorized Areas. a. Any regulated articles moved in violation of this quarantine shall be removed to a permitted area within 24 hours of discovery or shall be subject to destruction under the direction of the Commissioner and at the expense of the owner or owners. (F) Documentation. a. All regulated articles originating from the quarantined area that are moved within Minnesota or that have been moved within Minnesota must be accompanied by certifications and/or shipping documents showing the movement was in accordance with this quarantine. Such documents must be shown to the Commissioner when requested. Section VI: Penalties Any person violating these quarantine regulations is subject to the civil penalties up to $7,500.00 per day of violation or misdemeanor penalties set forth in Minnesota Statutes Sections 18.1.10 (2011) and may be subject to criminal penalties set forth in Minnesota Statutes Sections 18.1.11 (2011). Section VII: Special Exemptions (A) The Commissioner may allow, with written approval, the movement of emerald ash borer, in any living stage of development, into or within Minnesota for research purposes. (B) The Commissioner may allow, with written approval, the movement of regulated articles, into Minnesota, after proper documentation has been provided to the Commissioner. 4 DocuSign Envelope ID: 49DO4035-FFC6-40BB-AOCF-CBE63875B618 This Notice and State Emergency Quarantine are effective August 18, 2023. D-Signed: 4109BAF109FO47C_. Thom Petersen Commissioner Minnesota Department of Agriculture HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Ordinance No. 23-842 - An Ordinance Amending Chapters 95 and 113 Pertaining Agenda Item: to Tobacco/Cannabis Use Department: Administration/Legal LICENSE SECTION Meeting Date: 9/12/2023 Application Complete N/A Contact: Matt Jaunich/Marc Sebora Agenda Item Type: Presenter: Matt Jaunich/Marc Sebora Reviewed by Staff ❑� New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: In light of the new state law permitting the personal use of cannabis, at its last meeting the City Council directed city staff to amend our existing smoking and tobacco ordinances to have cannabis use mirror the restrictions in our current city ordinances as they pertain to the possession and use of tobacco products. Also as part of that discussion we talked about restricting possession of tobacco products to only those persons 21 years old or older and modifying our ordinances to include vaping and e-cigarettes. In order to accomplish this, two of our ordinances needed to be modified. Those modifications are: §95.08 Tobacco Free Parks. Making it illegal to use cannabis in certain city parks. (Tartan Park, Veterans Memorial field, Roberts Park while Fields, Riverside Park Northwoods Park and VFW Park and the Hutchinson Aquatic Center, and within 25 feet of any playground) §113 Tobacco Regulations. Changed to: 1. Make it illegal for someone under 21 years of age to possess or use tobacco products or vapes or electronic cigarettes 2. Make it illegal to sell tobacco -related products to anyone under 21 years of age (to make it in compliance with State law that was changed a few years ago raising the age from 18 to 21) 3. Change the definition of "minor" to anyone under 21 years of age as it pertains to our tobacco ordinances If these changes are ultimately approved by the council, cannabis use in any form would be permitted in all public places where tobacco use is permitted except those outlined above. As you are aware, the McLeod County Board is considering an ordinance which would outlaw cannabis use in any form in all public places. The county ordinance would be based on Minnesota Statute Section 145A which gives counties the authority to regulate public health matters within the county and, as such, would supersede any permissible use of cannabis allowed by the City of Hutchinson. BOARD ACTION REQUESTED: Approve first reading of Ordinance No. 23-842 Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A Ordinance No. 23-842 An Ordinance Amending Chapters 95 and 113 of the Hutchinson City Code to Reflect Cannabis Use, Vaping and E-Cigarettes, and Increasing the Age for the Sale, Use and Possession of Tobacco From 18 to 21 Years of Age The City Council of the City of Hutchinson hereby ordains: § 95.08 TOBACCO -FREE PARKS. (A) It is unlawful for any person to smoke or use :annabis or tobacco products or electronic delivery devices (e-cigarettes, e-pipes, vape 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 restrooms 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) § 113.01 PURPOSE. The city recognizes that many persons under the age of , 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 4-9 21 years and that those persons who reach the age of -1-9 21 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. 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 of4r8 21 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 nicotine, 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 suitable for chewing, sniffing or smoking, vaping or electronic cigarette pods or other liquids or aerosols containing nicotine. This definition does not apply to products intended for the cessation of tobacco/nicotine dependency. 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. (F) Transfers. All licenses issued under this subchapter shall be valid only on the premises for which the license was issued and only 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, § 113.03) (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, § 113.04) (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 4$ 21 years; (2) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to tobacco or tobacco products or tobacco -related devices; (3) The applicant has had a license to sell tobacco, tobacco products or tobacco - related devices revoked within the preceding 12 months of the date of application; (4) The applicant fails to provide any information required on the application, or provides false or misleading information; or (5) The applicant is prohibited by federal, state or local law, ordinance or other regulation, from holding this type of a license. (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, tobacco -related device: (A) To any person under the age of 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 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 (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 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, tobacco -related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products 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) § 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, AqiAepr persons over the age of 15, but less than 49 21, 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. 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. (F) Minor; Definition. For the purposes of this subchapter a minor is defined as anyone under the age of 21 years. (2004 Code, § 113.11) (Ord. 98-220, 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. (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"; (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 46,000 (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 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 on -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 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, cannabis, nicotine liquid or aerosol, 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 or activated, 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. This definition applies to the entire City Code. (2004 Code, § 113.21) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007) § 131.02 UNLAWFUL USE AND FURNISHING OF TOBACCO. (A) It is unlawful for any person under the age of 18 21 years to use or be in possession of tobacco as defined in §113.02 (B) of this Code in any form. (B) It is unlawful for any person to furnish tobacco as defined in §113.02 (B) of this Code, by any manner or means and in any form, to any person under the age of 44 21 years. (2004 Code, § 131.02) Penalty, see § 131.99 Adopted by the Hutchinson City Council this Gary T. Forcier Mayor day of , ATTEST: Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Calling a Special Workshop Meeting for 4:00 p.m. on September 26 Agenda Item: Department: Administration LICENSE SECTION Meeting Date: 9/12/2023 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑� New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: Staff is looking for the City Council to call a special workshop meeting for 4.00 p.m. on September 26. This will be a follow up session from our strategic planning session a few months ago. The focus of the meeting will be a discussion on updates to the City's End Statements/Core Values Document. BOARD ACTION REQUESTED: Approval of calling a special workshop meeting for 4.00 p.m. on September 26 to Review the City's End Statements/Core Values Document. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A c HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Setting the Date for the Annual City Recognition Event/Set Public Meeting Agenda Item: Department: Administration LICENSE SECTION Meeting Date: 9/12/2023 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑� New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: On an annual basis, the City conducts an event to recognize the employees and volunteers who serve the City of Hutchinson. The last few years, the City Administrator has provided a "State of the City" report to those attending. This event is normally held in the fall of the year at the Hutchinson Event Center. Invited attendees and an adult guest are provided with a complimentary meal. The format for the 2023 event is proposed as follows: 5:30 p.m. Check -in and social time 6:30 p.m. Dinner 7:15 p.m. State of the City presentation/program by City Administrator Jaunich to acknowledge and to thank current employees, recent retirees, and the volunteer board and commission members, and to highlight any notable departmental and employee achievements throughout the past year. The date proposed for the event is Thursday, November 2, 2023. The alternate date would be Monday, November 6. It is requested that the Council set a date for the event, set it as a public meeting for the Council, and approve the proposed event format. BOARD ACTION REQUESTED: Consideration of setting the date for the annual City Recognition Event for November 2, 2023, from 5:30 to 8:30 p.m. at the Hutchinson Event Center and setting the event as a public meeting for the Council members to attend. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A MINUTES HUTCHINSON SUSTAINABILITY ADVISORY BOARD Monday, April 17, 2023 5:30 p.m. Hutchinson City Center 1. CALL TO ORDER 5:30 P.M. The April 17, 2023 Sustainability Advisory Board was an in -person meeting called to order by Jeremy Carter at 5:30 p.m. Board members in attendance were, Jeremy Carter, Nathan Winter, John Lofdahl. Andy Nissen, and Tim Burley. Also present were John Paulson, City Project/Environmental/Regulatory Manager, and Mike Stifter, Public Works Director 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED March 20, 2023 1st: Tim Burley 2"d: Nathan Winter 4. NEW BUSINESS 5. UNFINISHED BUSINESS A. PARTICIPATION UPDATE IN EV SMART CITY PROGRAM City staff had a kickoff meeting with EV Smart City program staff and John Paulson provided an overview of the meeting The program includes a progress trackingform orm that was presented to the board and each set of practices was reviewed. The actions that are already colnpleted or underway were also discussed. Future meetings with stakeholders such as HUC and City planning staff will be held to review actions for further consideration of implementing at this time. There may be practices pursued at a later date identified during these discussions. Chairman Carter updated the Board on HUC efforts and outreach with local car dealers and their aspirations for EV sales in the community. Chairman Carter also provided and update on the make ready costs for dealers and HUC reviewing the EV charging rate structure. Carter also noted efforts by HUC to review their rate structure relative to EV charging and noted that they are trackingtheir heir public charging, system data regularly. John Lofdahl inquired about charging system incentives and also made note of tax incentives for purchasing an EV. 6. COMMUNICATION FROM STAFF A. 2023 MOSQUITO POPULATION REDUCTION PROGRAM UPDATE An update of the 2023 Mosquito Population Reduction Program was given by Jo Paulson. He presented the upcoming_years contract with Clarke Environmental Mosquito Management and went through the City program policy. B. GREEN STEP CITIES ANNUAL REPORT John Paulson presented information to the Board about the City's 2022 operations energy use and cost savings since the 2007 baseline was established. John also provided an update on the 2022 Green Step Cities Annual Report and Green House Gas Assessment. The data is used for assisting in prioritizing future facility projects and tracking energy use reductions from past projects. It is also used to identify operational changes that contribute to significant variabili . from past years energy use. Paulson indicated that these variations typically trigger Finance and Facility staff reviews to determine what the cause may be and if there are opportunities to reduce energy use through optimization of operations or capital improvements. C. BUTLER FIELD AIRPORT ISW ANNUAL REPORT John Paulson provided an update on the Annual Industrial Stormwater Report for the Butler Field Airport. He reviewed the annual report with the Board and noted that there were not any spills reported at the airport in 2022. The Fixed Base Operator responsibilities were also touched on as they have daily operations at the airport. 7. ADJOURNMENT