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10-28-2025 (Workshop - Loitering Issues)HUTCHINSON CITY COUNCIL LOITERING ISSUES MINUTES TUESDAY, OCTOBER 28, 2025 — 4:00 PM CITY CENTER — COUNCIL CHAMBERS 1. Call to Order Mayor Gary Forcier called the workshop to order at 4:00 p.m. Council Members present included Pat May, Chad Czmowski, Dave Sebesta and Tim Burley. Others present were: Matt Jaunich, City Administrator, and Marc Sebora, City Attorney. LOITERING ISSUES 2. Loitering Issues Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that this workshop was scheduled as a result of the last City Council meeting where a discussion was held on loitering concerns in the downtown area. Mr. Jaunich noted that the Chamber of Commerce had provided three main questions/concerns in the downtown area. One question pertained to where smoking is allowed. Marc Sebora, City Attorney, noted that city ordinance is in place that does not allow smoking within 15 feet of doors or windows. He noted that many ordinance violations are oftentimes complaint -based, wherein violations are addressed based on citizen complaints/reports. The second question pertained to blocking/impeding entrances of establishments and how the City handles this issue. Mr. Sebora noted that the City does have an ordinance that does not allow the free passage of the street/sidewalk right-of-way. Therefore, if a violation is occurring, an individual could be cited for it. The third question asked was how the City addresses loitering. Mr. Sebora explained that the City does not have a general loitering ordinance. The Council could entertain putting one in place. Loitering behavior is already addressed throughout the code in relation to public nuisances and disorderly conduct. Mr. Sebora reminded the Council that if a general loitering ordinance was put in place, he reminded them that it must be enforced equally amongst all members of the public. Mr. Jaunich noted that up to 30 citations have been issued to multiple individuals in violations of various city codes. Council Member Czmowski asked if there is any type of conduct that could be covered in a loitering ordinance that are not covered in various sections of the current city code. Mr. Sebora noted that most conduct is covered in current city code — a general loitering ordinance could perhaps just encapsulate the conduct in one code instead of various sections of the code. Council Member May mentioned that a section of the code addresses property owners having the authority to asking someone to leave their establishment. Mr. Sebora noted that this authority allows a property owner to do so if the area is under the property owner's control. Council Member Burley asked if anyone knew the daily amount of homeless people in Hutchinson. A UCAP representative stated there are over 200 households that are homeless in McLeod County. Council Member Burley spoke about methods to working with homeless people. Krystal Miller, United Community Action Partnership (UCAP) case manager, spoke before the Council. Ms. Miller noted that 70-75% of the clients that they serve have various barriers — drug/substance abuse, disabilities, mental health, homelessness. Michelle Jensen, UCAP family service manager, presented before the Council. Ms. Jensen noted that UCAP has four rooms available to serve the homeless. Ms. Jensen noted that many of the homeless people in Hutchinson are hidden. Ms. Jensen commented that over the years, housing in Hutchinson has become unaffordable. She noted that prioritizing affordable housing options is very important. Ms. Jensen also asked that the community think of compassion and empathy instead of exclusion. Jill Haas, downtown business owner, presented before the Council. Ms. Haas expressed that she appreciates the work of UCAP, however her question is how do we help people that don't want help and they continue to roam the streets. She inquired if there is a plan that can be implemented to be proactive on the homeless issue and not allow people to make the streets their home. Council Member May noted that it takes money to provide options. Emily Reck, downtown business owner, presented before the Council. Ms. Reck requested that an action plan be put together by city officials to address protective measures that business owners can use. Mr. Jaunich noted he researched what other cities have done to address similar issues: 1. Seasonal ambassador program — volunteers walk Main Street trying to help homeless individuals; 2. Business community support — put together toolkit to deal with issues; 3. Roundtable monthly discussions on how to deal with issues. Dave Conrad, retired educator, presented before the Council. Mr. Conrad noted that as a former educator he was a homeless liaison for the district he served. Mr. Conrad spoke about collaborating with other agencies such as McLeod County or private businesses. He spoke about mental health issues and the commitment process that is available. Jim Fahey, 446 Main Street, presented before the Council. Mr. Fahey commended the police department on the work they have done on various issues related to the homeless population. Mr. Fahey noted his responsibility is to keep his tenants safe in the community. Mr. Fahey asked about individuals being trespassed from the liquor store if they are consuming alcohol on public property. He also asked if city officials could look at trespassing individuals from the Main Street/Hwy 15 sidewalks if they are violating city ordinances. Mr. Fahey encouraged the Council Members to continue to work on their messaging. He also noted that perhaps signage could be put on buildings indicating smoking is not allowed within 15 feet of doorways. Mr. Jaunich noted that staff have considered trespassing individuals from the liquor store. Mr. Sebora noted that City Center does have decals available for business owners to put on their windows indicating no smoking within 15 feet. Mr. Sebora also spoke about the ability for individuals/business owners to apply for a harassment restraining order for their own protection. Mr. Sebora addressed trespassing individuals from sidewalks or public right-of-way. He does not feel that the public can be prohibited from free movement, however he is willing to look into it and speak to MnDOT officials. Downtown business owner mentioned that she feels she cannot tell people they can't walk on the sidewalk, but they can be prohibited from sleeping on the sidewalks. Bev Bonte, Common Cup, presented before the Council. Ms. Bonte suggested having no loitering signs put on downtown businesses and define loitering. She feels having such a rule/policy/ordinance would help make people move along. Valerie Mackenthun, Chamber of Commerce, presented before the Council. Ms. Mackenthun suggested a solution that could be worked towards is having a toolkit put together for business owners to use — when police should be called, procedures related to emergencies/non- emergencies, resources available, ordinances, etc. Mr. Jaunich noted that in the past, city officials have not been involved with homelessness issues. If that is something the Council would like to address at this time, resources will need to be considered to be dedicated to it. Chief Tom Gifferson presented before the group. Chief Gifferson expressed that if anyone ever feels unsafe, the police department should always be contacted. He also stressed that individuals should always call the police department as well if they feel ordinance violations are occurring. Chief Gifferson addressed trespassing, impeding entrances/exits, public nuisances, etc. Michelle Jensen presented before the Council. Ms. Jensen provided a personal story of homelessness. Ms. Jensen requested as the Council moves forward with developing plans/policies that they include individuals at the table that have lived through real life experiences. Wendy Magruder, Faith Lutheran Church, presented before the Council. Ms. Magruder noted that the church has had multiple people sleep on its lawn multiple times. Ms. Magruder expressed that she feels education for the downtown business/property owners is crucial in dealing with this issue and how to handle situations. Mayor Forcier requested that Valerie Mackenthun, Chamber of Commerce, create a focus group to work on this issue. Mr. Jaunich stated that city staff can put together educational information. Ms. Mackenthun stated that she can put a group together to start working on a toolkit for business owners/community members. 3. Adjournment Motion by May, second by Burley, to adjourn the workshop at 5:20 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator