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Home My WebLink Aboutcp06-09-26HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, JUNE 9, 2026 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, input from constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — Riverside Church (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Presentation of MR -PA Award of Excellence — VMF Grandstand and Facility Renovations Proj ect (b) Resolution No. 16044 — Resolution Accepting $7060.00 Donation from Hutchinson Elks Lodge for New Musical Playground Feature at Elks Park PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be accepting public comments during the agenda item if not a public hearing. If you have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speak for more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Budget Workshop of May 26, 2026 (b) Regular Meeting of May 26, 2026 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) Affirmation of Board Appointment/Reappointments 1. Appointment of Doug Johnson to Police Commission to May 2029 2. Reappointment of John Lofdahl to Sustainability Advisory Board to May 2028 3. Reappointment of Tara Oberg to Sustainability Advisory Board to May 2029 CITY COUNCIL AGENDA —June 9, 2026 (b) Consideration for Approval of Resolution No. 16040 — Approving Disposal of Street Department Surplus Property (Cemetery Backhoe) (c) Consideration for Approval of Resolution No. 16041 — Approving Disposal of Surplus Police Department Property at Auction (Squad Car) (d) Consideration for Approval of Agreements with Independent School District 423 i. Grounds Maintenance ii. Use of Facilities iii. Bunch Arena (e) Consideration for Approval of Purchase Mini-Backhoe (f) Claims, Appropriations and Contract Payments — Register A APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — 5:30 P.M. 9. APPROVE/DENY ISSUING 3.2% MALT LIQUOR LICENSE TO OSA RETAIL LLC DBA HUTCHINSON 1 STOP LOCATED AT 1201 MAIN STREET NORTH RMUNICATIONS RE UESTS AND PETITIONS purpose oj this portion oj 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.) 10. CREEKSIDE SOILS YEAR END REPORT UNFINISHED BUSINESS 11. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 26-876 — AN ORDINANCE AMENDING SECTION 130.27 OF THE CITY CODE RELATING TO PROHIBITED PUBLIC CONDUCT AND PROPERTY CONDITION NUISANCES NEW BUSINESS 12. APPROVE/DENY FIRST READING OF ORDINANCE NO. 26-877 — AN ORDINANCE AMENDING CHAPTER 53 OF THE CITY CODE - SEWERS GOVERNANCE (The purpose of this 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 —June 9, 2026 13. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS �a) Hutchinson Utilities Commission Minutes from January — April 2026 b) PRCE Board Minutes from April 6, 2026 MISCELLANEOUS 14. STAFF UPDATES 15. COUNCIL/MAYOR UPDATE 16. CLOSED SESSION PURSUANT TO MINNESOTA STATUTE § 13D.05, Subd. 3(c) TO DISCUSS PURCHASE OF REAL PROPERTIES DESCRIBED AS: SECT-04 TWP-I 16 RANGE-030 120.00 AC N 120 AC OF SE'/4 SECT-04 TWP-I 16 RANGE-030 40.00 AC S 40 AC OF SE 1/4 SECT-09 TWP-I 16 RANGE-030 13.59 AC THAT PART OF NW 1/4 NE 1/4 & PART OF NE'/4 NW '/4 13.59 AC ADJOURNMENT CITY OF HUTCHINSON RESOLUTION NO. 16044 RESOLUTION ACCEPTING DONATION WHEREAS, the City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, the following persons or entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount Donation Date Hutchinson Elks Lodge $7,060.00 6/2/2026 WHEREAS, such a donation has been contributed to the City of Hutchinson Parks Department towards a new musical playground feature at Elks Park. WHEREAS, the City Council finds that it is appropriate to accept the donation offered and assign use to the sculpture stroll within the public arts program, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donation described above is hereby accepted by the City of Hutchinson. Adopted by the City Council this 9th day of June 2026. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor HUTCHINSON CITY COUNCIL 2027 BUDGET KICKOFF MINUTES TUESDAY, MAY 26, 2026 — 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, Tim Burley and Dave Sebesta. Others present were: Matt Jaunich, City Administrator, Andy Reid, Finance Director and other city directors. 2027 BUDGET KICKOFF REVIEW 2. 2027 Budget Kickoff Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that today's workshop is to begin the 2027 budgeting season. Mr. Jaunich noted that the purpose of today's workshop includes reviewing the budget calendar, looking at some historical data, reviewing items that staff have identified as items/concerns that need to be addressed and getting direction from the Council on what they would like to see during the 2027 budget preparation season. Mr. Jaunich noted that there are three ways to approach a budget: staff driven; Council driven; or combination of the Council working with staff, which has historically been how the City of Hutchinson's budget has been developed. Mr. Jaunich further noted that setting the annual budget is one of the biggest policy decisions of the City Council. The City's budget documents drive the work of the city and are the forces behind achieving the City's Mission Statement. Mr. Jaunich reviewed the City's mission statement, vision statement, the seven core areas of focus which include public safety, health & recreation, transportation, economic development, environment, good government and housing. Mr. Jaunich spoke about statements identified in the City's last strategic plan. Those statements included wanting to be known as a destination place for recreation, art and leisure; wanting to have a growing, diverse economy with a skilled workforce; wanting to have adequate, affordable housing for all; wanting to have welcoming and safe city facilities to service current and future generations; wanting to have cost effective, reliable and sustainable energy and practices; wanting to have high quality, multi -modal transportation and infrastructure systems; wanting to have active citizen engagement, participation and involvement and wanting to have fiscally responsible management to serve community needs. Mr. Jaunich also reviewed five long-term goals the Council should consider every budget season. Those goals include: 1. What should future tax levies look like? 2. What levels of services should the City perform and provide in the future? 3. What is an acceptable level of debt? 4. What is our level of investment in technology and equipment, and what period of payback is acceptable? 5. What are our future infrastructure needs (roads, utilities, buildings, etc.) and how are we going to pay for them? Mr. Jaunich reviewed the current policy statements used when developing the budget, which includes the Financial Management Plan, Revenue Policy and operating budget. Mr. Jaunich reviewed tax rate comparisons of Hutchinson with other McLeod County cities as well as with other regional center city rates. Hutchinson is the second lowest in the county and ranks the eighth lowest amongst regional centers. Mr. Jaunich spoke about the price of government which is the percent of every dollar earned going to pay for City services, excluding electric and gas utilities. Hutchinson is approximately 2.5% for a total cost of government. Mr. Jaunich provided data on economic comparisons, the 10-year tax rate trend, the 10-year total tax levy trend, the total market value history, the total taxable market value history and the total tax capacity history. Mr. Jaunich explained that the City's tax rate is determined by the tax levy and tax capacity and tax capacity is determined by the market value. The City's modest tax increases over the past ten years have been offset by large increases in the city's market values, however it appears there is a slowdown in market value increases. Since 2018, total market values have exceeded a billion and are the highest in the history of the City. However, 2026 values increased by only 0.6% which was on top of a 1.7% increase in 2025, the two lowest amounts in over 10 years. Taxable values are matching market values and the 2026 report shows values increasing by only 1.7%, the lowest increase since 2014. Tax increases without value increases end up having a negative effect on the tax rate. The valuation changes over the past few years have shifted more of the City tax burden onto residential properties. While commercial and industrial properties likely will see a tax decrease as their valuations have remained flat or had minor changes. As values increase, the market value homestead credit decreases, impacting residential tax bills. In general, the City's market value increases have not kept up with the City's tax levy increases, increasing the tax rate the last three years. With the lower market values and taxable values, the pressure to maintain tax rates and/or no tax rate increase will be extremely difficult. General discussion was held on different ways to approach a budget with a 0% tax levy and how it could impact the services provided to the community. Mr. Jaunich further reviewed historical budget numbers including the tax levy from the last eight years and tax levies as a percentage. Mr. Jaunich provided information on certified city levy changes for 2026 for other McLeod County cities and throughout the state. The average tax levy increase was 4.6% within the county and the average state-wide tax levy increase was 7.7%. The average regional center tax levy increase was 6.4%. Mr. Jaunich then provided a very preliminary general fund budget for 2027. This includes wages and benefits expected to increase by 6.0%. This includes increased health costs of 15%. This includes adjustments for full-time positions that were not factored into 2026 but does not include any new positions, such as a Communications Director which has been discussed. Other expenditures are assumed to remain flat at this time. The current look has a 7.9% general levy increase to balance the budget. HUC's Pilot has an increase of $38,853. All other revenues are at 2026 budgeted amounts. Revenues are assumed to remain flat at this time. A 1% tax levy increase is equal to $72,636. Mr. Jaunich presented a preliminary general fund five-year budget. Mr. Jaunich provided a list of things to think about when establishing the 2027 general fund budget — such as program changes — need for increase/decrease?; enterprise fund transfers to the general fund; analysis of certain line item projections; performance increase percentages; fleet/facility funding; funding of wages and benefits; inflation impacts; payroll allocations (general vs. enterprise); continued discussion on general staffing levels and service level needs/wants; new position requests/retirements; Communications Director position; appropriate CIP funding and needs; state budget/tax agreements; charges for service/fee increases; local government aid; state legislative impacts; moving start of performance increase to January 1; funding of major/special projects; wage survey impacts; union contract impacts; impact of selling event center; sales tax and public wants/needs. Mr. Jaunich spoke about use of LGA funds. He noted that the City is set to receive $3,123,625 in LGA in 2027 which is an increase of $20,158 from 2026. He noted that 50% goes to the general fund and 50% goes to various aspects of the capital improvement fund. Capital Projects Fund is for various projects currently not designated. He noted that 2027 will be the fourth year of the Fleet designation of Capital LGA ($50,000). He also noted that 2027 will be the fifth year of a 50150 split with LGA between the CIP and the general fund. Mr. Jaunich also noted there are no known LGA cuts from the State at this point in time. Mr. Jaunich then reviewed the debt management plan. He noted that the 2027 increase is projected to be at about 2.6%. He explained that rising project costs have put pressure on increasing the debt tax levy. He noted that the debt levy has not kept up with inflation. He also explained that special assessment rates will continue to be reviewed and the City still has future debt needs for heavy equipment. Future facility need costs are rising and decisions need to be made on the fire truck purchase and City Center remodel project. Lastly, he noted that HUC debt may impact interest rates. Mr. Jaunich also reviewed two major projects scheduled for 2027 which include the fire ladder truck and the City Center remodel. Other CIP projects included for 2027 are the airport snow shed, Creekside office expansion, Montreal/Edmonton roundabout, Holtz property pond, other equipment/vehicle replacements and other storm/water/wastewater and other facility improvements. A future sales tax could take years for approval, if at all. Mr. Jaunich then reviewed the various current City fund balances. Mr. Jaunich noted that the target cash balance is based on 50% of the 2026 budgeted operating expenses plus the 2026 debt service payments. It is a measure of liquidity and the ability of the enterprise fund to pay for its short-term obligations. Future capital needs and debt service are not taken into consideration when looking at the target cash balance. Mr. Jaunich also reviewed special projects fund balances which include the Community Improvement Fund, Capital Projects Fund and the Public Sites Fund as well as a fund balance history. Mr. Jaunich also reviewed a list of staff concerns or items in need of being addressed/watched These include: another challenging year?; staff is in need of guidance, direction and a voice from the City Council on the public's needs/wants; levy expectations and meeting costs of employee wages/benefits; growth of salaries/benefits is the biggest cost driver; funding for Communications Director; construction/replacement costs increasing — no funding adjustments have been made to address these increases; examine all revenues and expenses; regulatory impacts to Water and Wastewater infrastructure; moving pay adjustments to January 1st; selling of City assets (Event Center) and impact on operations; Event Center operations; increased costs with an election year; additional staffing requests; pay review/performance review/wage system review; interest rates/inflation; funding for heavy equipment/fleet and fire ladder truck; wage allocations; special assessment rates; sales tax extension; and legislative impacts. Mr. Jaunich also noted current challenges/constraints which include balancing the growth of the community vs. the costs associated with that growth; increased facility maintenance costs; funding dedication not keeping up with inflation/rising costs; increased labor costs; tax levy appetite and the pressure from the public to staff to do more within the community; defining needs and wants and what is willing to be paid for; and sales tax availability. Mr. Jaunich also asked the Council to consider their overall goals for the community and how do we budget to support that; wants vs. needs — who is defining that? He asked them to think about what their expectations are — what does staff need to provide the Council to meet their objectives? What data/information has staff not provided the Council that you want to see? Mr. Jaunich asked the Council's thoughts/ideas on the 2027 budget: 1. tax levy goal? — 0%, moderate increase, or significant increase; 5-year budget plan called for an annual general levy increase of 6-7%; "very early look" calls for something around 7.9%; 2. Any services Council would like to see provided and/or increased/decreased in 2027? — Park & Rec, streets, equipment, etc.; 3. Is there a specific project/item the Council would like to see budgeted for and/or done in 2027? — Communications Director, housing, infrastructure, etc. "Think Strategic Plans"; 4. Any fee/rate/transfer changes to look at in 2027? — utilities, licenses, rentals, programs, park dedication, etc. Council Member Czmowski noted that he has received a lot of negative feedback on the increased Park/Rec fees from young families. Council Member May commented that if the community wants the amenities it wants they will need to be paid for with fees and/or a tax levy increase. Mr. Jaunich noted that staff can provide a budget with a 0% levy for the Council to review to see what the impacts would be. 3. Adjournment Motion by May, second by Burley, to adjourn the workshop at 5:15 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, MAY 26, 2026 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, input from constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Tim Burley, Pat May, Chad Czmowski and Dave Sebesta. Also present were Matt Jaunich, City Administrator and Marc Sebora, City Attorney (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Czmowski, second by Sebesta, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — A moment of silence was held in lieu of an invocation. (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Burley thanked all involved with the Memorial Day Service. Lynn Neumann, PRCE Director, recognized the Hutchinson Chamber Leadership Institute volunteer groups who made improvements at Millers Woods, AFS Park and Harrington -Merrill House. In addition, on May 20 the Institute completed a volunteer project with other organizations and business owners completing landscaping/clean-up work around the police department and at McLeod Veterans Memorial Park. PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be accepting public comments during the agenda item if not a public hearing. If you have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speak for more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL Robert Pease, 1065 Dale Street, asked about the data center that is projected to be coming to town. Mr. Pease raised concerns with the environmental impact and the costs associated with it. He asked about environmental studies that could be shared. Mayor Forcier encouraged Mr. Pease to speak with the HUC General Manager on the impacts from the utilities side of things. Dennis Brandenburg, 735 Grove Street SW, voiced concerns with increases in electric use and has concerns that users will be charged more because of the projected data center. Mr. Jaunich directed Mr. Brandenberg to contact the Hutchinson Utilities Commission. Kristy Zeipelt, 467 Glen Street NW, has concerns that the data center will cause illnesses and be a detriment to the health of community members. Ms. Zeipelt stated that she is scared for herself and the community and asked that the contract not move forward. CITY COUNCIL MINUTES — May 26, 2026 Jeremy Lee, 426 Huron Street, raised concerns about water usage and drought concerns as well as power strains and utility costs associated with the projected data center. Sidney Sutter, 312 Connecticut Street, noted concerns about pollution related to the proposed data center, both audible and EMS builds. She also questioned what it does to wildlife and questioned how pollutants are removed from the data center system. Alexandria Burkstrand, 415 Hassan Street, asked if the data center is a done deal. Mr. Jaunich explained that the conditional use permit and site plan were approved but a building permit has not been submitted. Ms. Burkstrand asked about such things as tax impacts, environmental studies and energy rates. General discussion was held about communication to the public. Brittany Eckstein, 1095 Texas Avenue, raised concerns about data centers throughout other states and what they are doing to the water. Ms. Eckstein raised concerns about future issues in Hutchinson due to this proposed data center. Ms. Eckstein asked why Hutchinson needs a data center. It was noted by the Council that all individuals can contact Matt Jaunich at the City of Hutchinson or Jeremy Carter at HUC with questions regarding this matter. Mr. Jaunich noted that the process to approve the conditional use permit for the data center began more than a year ago. All legal notice requirements were met and public hearings were held. Jim Pease, 1065 Dale Street SW, asked if notifications were sent to the community. Mr. Jaunich explained that notifications were sent as required by law. Mr. Pease raised environmental concerns with the proposed data center. Dan Jochum, Planning Director, explained the legal notification requirements. 6. APPROVAL OF MINUTES (a) Regular Meeting of May 12, 2026 Motion by May, second by Czmowski, to approve the minutes as presented. Motion carried unanimously. 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 Resolution No. 16034 — Resolution Adopting Findings of Fact and Reasons for Approval of a Variance Application to Reduce the Rear Yard Setback Located at 246 10'b Avenue NE With Favorable Planning Commission Recommendation (b) Consideration for Approval of Resolution No. 16035 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit and Site Plan Review for a Transportation Company Located at 130 Michigan Street NE With Favorable Planning Commission Recommendation (c) Consideration for Approval of Resolution No. 16036 — Resolution Amending 2026 Position Classification Table 2 CITY COUNCIL MINUTES — May 26, 2026 (d) Consideration for Approval of Resolution No. 16037 — Resolution Rejecting Bid on Hutchinson Area Transportation Services (HATS) Roof Replacement (e) Consideration for Approval of Resolution No. 16038 - Resolution Accepting Bid and Awarding Contract for Cured in Place Pipe Lining (Letting No. 5, Project No. 26-05) (f) Consideration for Approval of Resolution No. 16039 — Resolution of Support by the City of Hutchinson Planning Commission and Hutchinson City Council for the Development of a Scooter's Coffee Shop Located at 15 3rd Avenue NW Including Right-in/Right-Out Access Onto Minnesota State Highway 7 (g) Reappointment of Mary Christensen to Library Board to April 2029 (h) Claims, Appropriations and Contract Payments — Register A Motion by Czmowski, second by Sebesta, to approve Consent Agenda L Motion carried unanimously. 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 11. Motion carried unanimously. PUBLIC HEARINGS — NONE COMMUNICATIONS RE UESTS AND PETITIONS (The purpose of this portion oJ the agenda is to provide the ounci with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities) UNFINISHED BUSINESS 9. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 26-875 — AN ORDINANCE AMENDING SECTION 31.20 OF THE CITY CODE PERTAINING TO BOARDS AND COMMISSIONS Matt Jaunich, City Administrator, noted that no changes have been made to this ordinance since the first reading was held at the last meeting. This proposed ordinance eliminates term limits for board/commission seats. Motion by May, second by Burley, to approve second reading and adoption of Ordinance No. 26- 875. Burley — aye; Sebesta — nay; May — aye; Czmowski — aye; Forcier — aye. Motion carried 4 to 1. CITY COUNCIL MINUTES — May 26, 2026 NEW BUSINESS 10. APPROVE/DENY FIRST READING OF ORDINANCE NO. 26-876 — AN ORDINANCE AMENDING SECTION 130.27 OF THE CITY CODE RELATING TO PROHIBITED PUBLIC CONDUCT AND PROPERTY CONDITION NUISANCES Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that this proposed ordinance is a follow-up to loitering type issues and concerns that were occurring last year. This ordinance prohibits sleeping and/or laying on a sidewalk with some exceptions. Motion by May, second by Czmowski, to approve first reading of Ordinance No. 26-876. Motion carried unanimously. GOVERNANCE (The purpose of this 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) 11. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS a) Planning Commission Minutes from March 17, 2026 b) Hutchinson Housing & Rehabilitation Board Minutes from April 21, 2026 c) Hutchinson Library Board Minutes from April 27, 2026 d) City of Hutchinson Financial Report and Investment Report for April 2026 NHSCELLANEOUS 12. STAFF UPDATES Mike Stifter — Mr. Stifter noted that a water leak on 12-inch water main on School Road was noticed last Friday and could potentially have some impact on the schools in the area. Staff will be communicating with the schools on this matter. Matt Jaunich — Mr. Jaunich noted that candidate filing closes on June 2nd at 5:00 p.m. for Council Member Seats 1 & 2 and the Mayor seat. He also noted that an incident has occurred at the Library Square fountain again recently causing it to shut down for repairs. Lastly, he noted a dedication to the newly installed Crow River fountain is scheduled for June 9t' at 3:00 p.m. 13. COUNCIL/MAYOR UPDATE Dave Sebesta — Council Member Sebesta provided an update from the Regional Transportation Coordinating Council of the Mid Minnesota Development Commission regarding transportation. He also commented on the Memorial Day service and thanked the Lions Club for distributing water. Pat May — Council Member May thanked the community members for attending the meeting tonight and providing comments. He also provided an update from the Public Arts Commission and the Sculpture Stroll. Gary Forcier — Mayor Forcier provided an update from the Airport Commission on improvements being made at the airport such as taxiways and the airport snow shed. He also provided an update from the Resource Allocation Committee and upcoming road improvement projects. Mayor Forcier mentioned that Doug Johnson, former police sergeant, is interested in serving on the Police Commission and will be placed on the next Council agenda for appointment. .19 CITY COUNCIL MINUTES — May 26, 2026 ADJOURNMENT Motion by May, second by Czmowski, to adjourn at 6:20 p.m. Motion carried unanimously. k H UTCH I NSON A CITY ON PURPOSE. BOARDS/COMMISSION INTEREST FORM vvww.hutch insommn.gov Hutchinson City Center, 111 Hassan St. SE, Hutchinson MN Name: Doug Johnson Address: 1223 Bradford St. SE., Hutchinson, MN 55350 Home Phone #: Cell Phone #: 320-296-6373 Occupation: Retired Fax # (320)234-4240 Phone # (320) 587-5151 Work Phone #: Email Address: ndbbm2218@hotmail.com Place of Employment: Veterans of Foreign Wars (VFW) Post 906, Hutchinson, Minn. Educational Background:_ M.A., B.S., A.S., FBI Nat. Acad., U.S. Navy Number of years as Hutchinson Resident: 40 I am interested in serving on the following City Board or Commission: ❑ Airport Commission (3 yr. term) ❑ Bicycle/Pedestrian Advisory Committee (3 yr. term) ❑ Charter Commission (4 yr. term) ❑ EDA Board (6 yr, term) ❑ HRA Board (5 yr. term) ❑ Library Board (3 yr. term) ❑ Park/Rec/Comm Ed Board (3 yr. term) ❑ Planning Commission (5 yr. term) qX Police Civil Service Commission (3 yr. term) ❑ Public Arts Commission (3 yr. term) ❑ Senior Advisory Board (3 yr. term) ❑ Sustainability Advisory Board (3 yr. term) ❑ Utilities Commission (5 yr. term) -OVER- Explain wh/ you are interested in this board/commission: Public Safety/Law Enforcement is one of the key components of building and maintaining a thriving community. As a city strives to foster development and connection with residents, business, and organizations, viewing the quality of public safety/law enforcement can be a significant consideration. I believe with -my experience and education I can contribute to the continued open-minded environment where candidates, employees, and officers are evaluated, hired, promoted, and treated in disciplinary processes. Please describe any prior/current experience that may relate to serving on this board/commission: I retired having served 32 years in law enforcement, emergency medical services, and the United States military. During the course of my service, in and outside the continental United States, I have executed various assignments and in due course advanced to supervisory positions. Please list Other Municipal Boards and/or Commission you may have served. Years Served 1.) to 2.) to 3.) to 4.) to Please return completed form to Melissa Starke at City Center, 111 Hassan Street SE, if you are interested in serving on any of the above boards/commissions. We thank you for your interest. This form will be placed on file and we will refer to the file as openings occur. RA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Disposal of Cemetery Tractor Backhoe Agenda Item: Department: Public Works LICENSE SECTION Meeting Date: 6/9/2026 Application Complete N/A Contact: Mike Stifter Agenda Item Type: Presenter: Mike Stifter Reviewed by Staff Consent Agenda Time Requested (Minutes): 1 License Contingency N/A Attachments: No 0 BACKGROUND/EXPLANATION OFAGENDA ITEM: Public works staff are seeking to dispose of a tractor backhoe that the cemetery utilizes to dig graves. This is a 2016 unit purchased used in 2020. We were offered $300 less than we paid for it initially on trade for a mini excavator. The fleet committee evaluated the purchase which would result in a new mini -excavator with warranty for a net cost of $5,000 and felt that the purchase would be validated. Some of the main reasons for requesting to move forward are the minimal loss on the original purchase price on trade and a more capable and shareable piece of equipment added to the fleet. A future consideration as well is that the replacement cost on a mini excavator is significantly cheaper than a tractor backhoe. BOARD ACTION REQUESTED: Approval of Resolution to trade Cemetery tractor backhoe for a mini -excavator Fiscal Impact: $ 5,000.00 Funding Source: fleet FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: $ 84,200.00 Total City Cost: $ 5,000.00 Funding Source: Fleet Remaining Cost: $ 79,200.00 Funding Source: Trade in and incentives C HUTCHINSON FLEET DISPOSITION FORM Departments must provide the following disposition information to the Finance Director and shall request city council approval only after receiving approval to dispose of the requested fleet item. Department: Public Works Year: 2016 Make: JCB VIN #: JCB3CX12PG2454409 Model: 3CX Disposition Method: ❑ Auction (Anticipated date: ) ✓� Trade (Dealer value: $ 72,700 Anticipated City Council Meeting Date: 6/9/2026 Department Director Approval: Mike Stifter Finance Review: P Approved Rejected Reason(s) for Rejection: Date: 6/2/2026 Finance Director: - G%C� Date: G 3 3G RESOLUTION NO. 16040 RESOLUTION APPROVING DISPOSAL OF PUBLIC WORKS SURPLUS PROPERTY WHEREAS, the Hutchinson Public Works Department has equipment that is no longer needed for municipal operations, AND WHEREAS, the Hutchinson City Code Section 91, Subdivision 3, Paragraph C provides for the sale at auction of surplus equipment, AND NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, That the Hutchinson City Council hereby approves the trade-in of equipment as identified herein. Item to be traded at Arnolds of Glencoe: 1. 2016 JCB 3CX tractor backhoe Unit 409Y JC133CXI2PG2454409 Adopted by the City Council this 9th day of June, 2026 Gary Forcier, Mayor ATTEST: Matthew Jaunich, City Administrator RA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Resolution to dispose of Surplus Vehicle at Auction Agenda Item: Department: Police Services LICENSE SECTION Meeting Date: 6/9/2026 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: Approve Resolution to sell at public auction a surplus vehicle. Auction would be conducted by Jeff Martin Auctioneers, Glencoe, MN. 2021 Ford Police Interceptor Utility VIN: 1 FM5K8AB3MGB24609 BOARD ACTION REQUESTED: Recommend Approval Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A RESOLUTION TO SELL AT AUCTION SURPLUS POLICE DEPARTMENT PROPERTY Resolution No. 16041 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 sale at auction of surplus property. AND WHEREAS, the police department has determined that it is in possession of surplus property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. That the Hutchinson City Council hereby approves the sale at auction in July of the item listed below by Jeff Martin Auctioneers: 2021 Ford Interceptor Utility Vin #1FM5K8AB3MGB24609 Adopted by the City Council this 9th day of June, 2026. Mayor City Administrator RA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. 2026-2028 Parks, Recreation, and Community Education (PRCE) Agreements with Agenda Item: the City of Hutchinson and Hutchinson Public Schools Department: PRCE LICENSE SECTION Meeting Date: 6/9/2026 Application Complete N/A Contact: Lynn Neumann Agenda Item Type: Presenter: Reviewed by Staff Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes 31 BACKGROUND/EXPLANATION OF AGENDA ITEM: The following PRCE Agreements are set to be renewed: Joint Grounds Maintenance Agreement, Use of Facilities Agreement, and Burich Arena Lease Agreement. These agreements will establish the fees and charges for the period from July 1, 2026, to June 30, 2028 between the City of Hutchinson and Hutchinson Public Schools. Please refer to the attached documents for the three different agreements between the City of Hutchinson and District 423. The proposed changes to the current agreements are highlighted in red. Minor language changes have been suggested to reflect the current terms of the agreement. Additionally, the financial changes proposed for the upcoming two years are also highlighted in red. The Joint Grounds Maintenance Agreement will see an increase from $101,750.00 to $107,000.00 (year one) and $112,000.00 (year two). This reflects an approximate 5% increase each year from the previous two-year agreement. This increase is reflective of the increase in labor wages and materials increases we have been experiencing. Also included in the agreement is the split 50/50 cost of the Turf Tank Lease ($5,500.00) and Fertilizer Contract ($3,500.00). This results in the following agreement costs for the next two years: 2026-2027 $107,000.00 +$9,000.00 = $116,000.00 2027-2028 $112,00.00+$9,000.00 = $121,000.00 The Use of Facilities Agreement will increase from $5,000 annually to $6,500.00 for Baseball/Softball Field Usage and Maintenance. The Burich Arena Lease Agreement reflects incremental ice rate/facility usage increases in 2026-2027 and 2027-2028 for Practice Ice Hours and Varsity/J.V. Games. See attached agreement for increases. It is recommended to approve the City/School Agreements for the period of July 1, 2026, to June 30, 2028. Once approved by the City Council, these agreements will be presented at the next School Board Meeting for approval. If there are any questions or need for additional information, Lynn Neumann will be available at the City Council meeting. BOARD ACTION REQUESTED: City Council to approve the 2026-2028 PRCE Agreements for Facility Usage, Burich Arena Lease Agreement and Joint Grounds Maintenance Agreement between the City of Hutchinson and Hutchinson Public Schools. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No 0 Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: AN AGREEMENT BETWEEN THE CITY OF HUTCHINSON, MINNESOTA AND HUTCHINSON INDEPENDENT SCHOOL DISTRICT #423 RELATING TO THE ESTABLISHMENT AND OPERATION OF A JOINTLY SPONSORED GROUNDS MAINTENANCE PROGRAM THIS AGREMENT entered into this 1st day of July 2026, between the CITY OF HUTCHINSON, A MINNESOTA MUNICIPAL CORPORATION ("City"), and INDEPENDENT SCHOOL DISTRICT NO.423, MCLEOD COUNTY, MINNESOTA, A MINNESOTA MUTUAL CORPORATION ("School District"). WHEREAS, the School District is organized for the purpose of providing public school education and does provide extracurricular activities for which it maintains expenses; playgrounds, athletic facilities and grounds, and practice facilities adjacent to its buildings, parking areas, and sidewalks that it maintains; and WHEREAS, the City is authorized to and does provide and maintain parks, recreation areas, parking areas, and sidewalks adjacent to the building that it owns; and WHEREAS, the School District and the City (collectively called the "Sponsors") within their respective powers, recognizing that through economies of scale, there will be cost savings to both the City and School District through a joint agreement to maintain recreation areas and they desire to cooperate in the establishment of operation of a Joint Grounds Maintenance Program. NOW, THEREFORE, the Sponsors hereby agree with each other as follows: PURPOSE OF AGREEMENT: The Sponsors shall severally, jointly, and cooperatively, pursuant to the broad authority contained in Minnesota Statute §471.59 and other applicable statutes and their respective express and implied powers, establish and operate a Joint Grounds Maintenance Program. The term Joint Grounds Maintenance Program is defined, for the purposes hereof to mean the following: 1. A program of shared equipment, materials and labor between the Sponsors to more effectively and cost efficiently maintain the parks and recreation areas of each of the Sponsors and the parking areas and sidewalks adjacent to buildings owned by the respective Sponsors. 2. To plan and establish a Grounds Maintenance Program for the green areas of the Sponsors to implement a program for mowing; fertilization; herbicide treatment; tree pruning; watering; aeration/top dressing; and stripping of fields. Irrigation on the school district grounds including equipment, parts, and labor needed for additions or replacement will be the school district's responsibility. 3. To plan and establish a program for snow removal -from the parking lots and sidewalks adjacent to the buildings of the Sponsors and to establish a schedule or timetable for such snow and ice removal. (Snow hauling by District) During larger snow events, contracted snow removal services may be called in for support at the discretion of city staff. The School District will pay for contracted snow services. 4. To plan and establish a Maintenance Program for the athletic fields and playgrounds of the Sponsors, including baseball/softball fields, and soccer/football/lacrosse fields, which are the real property of the respective Sponsors. 5. Playground inspections will be conducted by City staff. All playground equipment parts and safety surfacing on district property will be replaced by the district. 6. Real property, equipment, supplies, and employees furnished by either party hereto shall remain the property and/or employees of the party so furnishing them, except that nothing herein shall be construed as to prohibit the purchase of grounds maintenance supplies or equipment with the use of joint funds, if so agreed by the parties. LIABILITY INSURANCE: Each sponsor shall maintain public liability insurance coverage upon its public resources, including its land, buildings, machinery, and employees in an amount at least as great as any statutorily imposed exposure. Employees of and machinery and materials owned by the respective sponsors shall be deemed to remain the employee and resource of that Sponsor for insurance and liability purposes. The Sponsors agree to obtain a separate liability insurance policy to insure the Joint Grounds Maintenance Program, if necessary. SUPERVISION OF PROGRAM: All activities of the grounds Maintenance Program shall be under the direct supervision of the Superintendent of Schools and the City Administrator. LENGTH OF AGREEMENT AND WITHDRAWL: This Agreement shall remain in force and effect for a period of two (2) years from July 1, 2026, through June 30, 2028. However, this Agreement may be terminated by either party hereto by written notice to the other party with at least one (1) year notice prior to the date of desired termination. 2 CONSIDERATION: The School District agrees to provide a cash payment to the City of Hutchinson in the designated amounts below for the term of this Agreement in consideration for the ground program services identified within the Agreement and provided by the City of Hutchinson. This consideration shall be reviewed annually as part of the budget development process. Year 1 (2026-2027) $107, 000.00 Year 2 (2027-2028) - $112, 00.00 Plus, the turf tank lease and fertilizer costs. Turf Tank Lease is $5,500.00 Fertilizer Contract is $3,500.00 $9, 000.00 2026-2027 $107,000.00 +$9,000.00 = $116,000.00 2027-2028 $112,00.00+$9,000.00 = $121,000.00 ACCOUNTING: Each parry to this Agreement agrees to make all financial documents available for inspection by the other, if requested, with a three (3) day written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by the respective duly authorized officers of the City Council of Hutchinson, Minnesota and School Board of Independent School District No. 423. INDEPENDENT SCHOOL DISTRICT NO. 423 CITY OF HUTCHINSON McLeod County, Minnesota McLeod County, Minnesota School Board Chairperson Superintendent of Schools Mayor City Administrator Attest: School Board Clerk Finance Manager Dated: Dated: USE OF FACILITIES HUTCHINSON SCHOOL DISTRICT AND CITY OF HUTCHINSON 2026-2028 Recreation Center/Burich Arena (Dry Floor It shall be the policy of the School District and the City of Hutchinson to rent the Recreation Center Building and Burich Arena (dry floor) per the city's City Council approved fee schedule with the rentee providing a minimum of one building supervisor. Usage of the Recreation Center and Burich Arena (Dry Floor) is billed monthly. Baseball/Softball Field Usage It shall be the policy of the School District and the City of Hutchinson that the school district shall pay $6,500.00 for the usage and maintenance of all related facilities per season for the baseball and softball facilities. This includes material, labor, and use of City facilities and equipment. School District usage will reflect the Minnesota State High School League schedule for games at the respective fields. Practices and games will be scheduled by the School District Activities Director and communicated to PRCE staff. General Guidelines When use of facilities or cancellation is required because of inclement weather, contact should occur by noon with the PRCE Director by the School Activities Director; facilities may be used only upon approval of the above -mentioned directors. Renters shall always follow the approved time schedule. Renters shall assist in setup for activities or for the next activities. Renters shall leave the facilities in good condition. The renter's supervisor of the activity must stay until all participants have left the building/field including emergencies. INDEPENDENT SCHOOL DISTRICT NO. 423 CITY OF HUTCHINSON McLeod County, Minnesota McLeod County, Minnesota School Board Chairperson Superintendent of Schools Mayor City Administrator I LEASE AGREEMENT HUTCHINSON SCHOOL DISTRICT Burich Arena THIS AGREEMENT, made this first day of July 2026, by the City of Hutchinson, a municipal corporation, hereinafter called First Party, and the Independent School District No. 423 of McLeod County, hereinafter called Second Party, WITNESSETH: WHEREAS, the First Party has assumed the operation and maintenance of Burich Arena, through the guidance and recommendation(s) of the PRCE Advisory Board; WHEREAS, it is the desire of the Second Party to rent Burtch Arena for programming to be conducted and sponsored through its physical education program and/or extra -curricular programs; NOW, THEREFORE, in consideration of the premises and the terms and covenants hereinafter set forth, the parties hereby mutually agree as follows: 1. PREMISES: The First Party agrees to lease and hereby does lease, and the Second Party agrees to take and hereby does take Burtch Arena, east rink and west rink. 2. TERMS OF LEASE: This lease shall be from July 1, 2026, through June 30, 2028. 3. RENTAL PAYMENT AND GAME RECEIPTS: The Second Party agrees to pay the First Party a rental payment for the premises as shown below: 2026-27 2027-28 TOTAL TOTAL Approx. Practice Ice 225 hours $225 $235 $50,625 $52,875 Approx. 20 Games Varsity/J.V. $1100 $1200 $22,000 $24,000 TOTAL $72,625 $76,875 Each yearly total amount will be paid on or before April Ist of 2027 and 2028, respectively. All game admission receipts shall be the property and responsibility of the Second Party. School District Varsity and J.V. games will reflect the schedule set forth by the Minnesota State High School League and the Hutchinson School District Activities Director. The ice rental rates cover the exclusive use of the on -site locker rooms and coaches' rooms provided by the City of Hutchinson. As per the contract, the school district has first priority for all scheduled ice time at Burtch Arena under the defined ice rates. 4. DEFINITIONS a. "Ice -time" - The period of time the ice is on the floor of the premises and utilized for hockey games and/or practices. b. "Non -Ice -Time" - The period of time no ice is on the floor and utilization is for sports other than hockey, i.e., tennis, track, softball, soccer, baseball. C. Exclusive use - The time the Second Party is in possession of the premises for "ice -time" and "non -ice -time" use, without interference from the First and/or Second Party(s), except for normal maintenance of the building. 2 5. USE OF FACILITIES: The First Party agrees to lease the premises for exclusive use at the following designated times and activities. a. The Second Party shall be allotted a minimum of 225 hours of ice time per school year. b. All practice time(s) for Boys Squads and Girls Squads shall be scheduled as agreed upon between the city's PRCE Facility Maintenance Manager and School District Activities Director. C. Game ice time shall be set by schedule. All hockey games shall be Monday through Saturday, excluding holidays. All regularly scheduled hockey games and dates are set forth in a schedule and may be canceled and/or rescheduled only after mutual consultation of the First Party and the Second Party, or their respective representatives. d. In the event the facility is rendered unfit for hockey use due to fire or any other cause, the Second Party's obligation for rent shall be adjusted on a pro-rata basis and the party of the first part shall refund within 30 days after termination that portion of the rent covering the period of non-use. If the damage cannot be repaired within 30 days, the Second Party may exercise the option to terminate. 6. FIRST PARTY RESPONSIBLITIES: a. To provide all utilities, including heat, light, water, sewer, refuse; maintain all ice -making and cleaning equipment and machines; flooding the ice rinks; cleaning of the ice surfaces; maintaining the parking lot; and the normal maintenance, repair and replacement of dasherboards, goals and nets; and make all necessary structural alterations, repairs and maintenance. b. To provide janitor service for cleaning of the bleacher area, storage area and upper arena areas as needed. C. The City of Hutchinson owns and maintains the concessions stand equipment. The operations of the concessions stand are managed by the Youth Hockey Association. 7. SECOND PARTY RESPONSIBILITIES: a. To provide personnel and supplies for the sale and collection of admission tickets. b. To provide for payment of any Minnesota sales tax for admission. C. To provide towel and laundry service. d. To designate personnel to supervise students at any time the building is being used by students under this agreement, and to designate one individual to be responsible for key(s) for use of the building while in use by its students. Keys will be handed out to the respective coaches for the duration of the high school hockey season. Coaches must turn in their keys at the end of each ice season. e. To be responsible for loss or theft of school and/or personnel property while stored or otherwise within the premises. f. To make all arrangements and/or payment for announcer(s), scoreboard operator(s), referees and supervisory personnel. 3 g. To designate the coach or supervisor for seeing all pieces of equipment and supplies of the school and players are picked up and properly stored in the areas and cabinets, as provided by the First Party, and to see that all students are out of the building by one-half (1/2) hour after close of practice or game. 8. RULES AND REGULATIONS: The rules and regulations of Independent School District No. 423 pertaining to student conduct shall be in effect during all times this building is used by the school. Additional policies governing the conduct of students may be developed as needed by Burich Arena and the school administration. The policies, rules and regulations shall be enforced by school personnel as assigned by the school administration and the city personnel as assigned by the city's PRCE Facility and Maintenance Manager. 9. INSURANCE: The First Party agrees to pay a sum equal to the actual expense for bodily injury and property damage insurance. 10. INDEMNIFICATIONS: The Second Party agrees to save harmless, protect and indemnify the First Party from any and all claims, not fully covered by Section 9 Insurance, of every kind and nature whatsoever arising out of the personal injury or property damage on the leased premises while it is under control of and being used by the party of the second part. Each party agrees to name the other as an "additional insured party" in liability insurance policies. 11. SUCCESSORS AND ASSIGNS: All provisions of the lease, herein stated, are binding upon the successors or assigns of the respective parties. IN WITNESS WHEREOF, the parties have signed this agreement to be effective the day and year above written. In presence of: CITY OF HUTCHINSON BY Mayor BY City Administrator INDEPENDENT SCHOOL DISTRICT NO. 423 BY Chairman BY Clerk RA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Approve/Deny Purchase Order for mini -excavator Agenda Item: Department: Public Works LICENSE SECTION Meeting Date: 6/9/2026 Application Complete N/A Contact: Mike Stifter Agenda Item Type: Presenter: Mike Stifter Reviewed by Staff Consent Agenda Time Requested (Minutes): 1 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: In conjunction with the disposal of the cemetery tractor backhoe, staff are seeking to use the trade-in proceeds for the purchase of a mini -excavator. Staff will be on hand to answer any questions. BOARD ACTION REQUESTED: Approval of Purchase Order for mini -excavator Fiscal Impact: $ 5,000.00 Funding Source: fleet FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: $ 84,200.00 Total City Cost: $ 5,000.00 Funding Source: Fleet Remaining Cost: $ 79,200.00 Funding Source: Trade in and incentives Docusign Envelope ID: A23D0175-11 BC-8EFB-814A-7D988F40DE76 — 'Id'S of Glencoe ~ ,W " Phone. (320) 864- 531 Glencoe, (320) 864-5533 www.amoldsinc.com Ship To: IN STORE PICKUP Invoice To: CITY OF HUTCHINSON 1400 ADAMS ST BE HUTCHINSON MN 55350 Branch 03 - GLENCOE Date Time page 05/27/2026 9:55:22 (0) 1 Account No Phone No Inv No 01 HUTCH004 3205875151 �E03210 Ship Via Purchase Order DONAVAN Tax ID No 3T3 2025 Salesperson JOSH MILLER JM3 Description Amount - Stock #: F042671 Serial #: KBCDZI8CHR3M11178 New 2025 KUBOTA KX040-5R1A EXCAVATOR W/ RUBBER TRACKS; CANAP Stock #: G050275 Serial #: 48288 ID NEW 2026 KUBOTA K7870A QUICK COUPLER Stock #: G050276 Serial #: 48287 ID NEW 2026 KUBOTA K7910A HYD THUMB KIT Trade Ins Serial #: JCB3CX12PG2454409 JCB 3CX tractor/loader/backhoe with 330 hours Miscellaneous Charges/Credits LESS: PROGRAMS/DISCOUNTS Qty.. 1 Price: 6500.00 Subtotal: Total (Cash): 78500.00 1500.00 4200.00 72700.00- 6500.00- 5000.00 5000.00 X lee ) Iv —..� X Va'A-k- Sc4U. Swesperson Purchaser Signature Purchaser hereby bargains, ask and conveys unto SeW the above deacrfbed trade -In ertuOrad and warnuds and omtGies it to be tree and clear of Gene, enwrnbrence, and sawrty Interest except to Me mdeM straw above, THE ADDITIONAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF IS A PART OF THIS CONTRACT AND IS INCORPORATED HEREIN BY REFERENCE NOTICE TO PURCHASER 1. Caution Do not sign this contract before you thoroug* read both sides of It or If t cortairis blank spaces, even 9 otherwise advised 2. You we wMad to an mead and completely filled in copy of this Conbad when you sign It Keep t to protect your legal right& CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATES 5/27/26 - 6/9/26 Check Date Check# Name Description Amount 5/26/2026 305710 LAWSON PRODUCTS INC DISKS/SCREWS/WASHERS - HATS 349.43 5/29/2026 EFT EFTPS Payroll Report 5/10/26 - 5/23/26 86,732.68 5/29/2026 EFT MN Dept of Revenue Payroll Report 5/10/26 - 5/23/26 17,493.60 5/29/2026 EFT VOYA (Hutch City of) MNDCP Payroll Report 5/10/26 - 5/23/26 425.00 5/29/2026 EFT Child Support Payroll Report 5/10/26 - 5/23/26 287.03 5/29/2026 EFT PERA Payroll Report 5/10/26 - 5/23/26 65,991.08 5/29/2026 EFT Health Equity Payroll Report 5/10/26 - 5/23/26 18,485.05 5/29/2026 EFT Mission Square Payroll Report 5/10/26 - 5/23/26 4,725.79 5/29/2026 EFT VOYA (CITY OF HUTCH) Payroll Report 5/10/26 - 5/23/26 250.00 5/29/2026 EFT ML MN Paid Leave Payroll Report 5/10/26 - 5/23/26 3,504.10 5/29/2026 305711 Manual Employee Check Payroll Report 5/10/26 - 5/23/26 215.85 5/29/2026 305712 Manual Employee Check Payroll Report 5/10/26 - 5/23/26 46.63 5/29/2026 305713 Manual Employee Check Payroll Report 5/10/26 - 5/23/26 53.29 5/29/2026 305714 HART Payroll Report 5/10/26 - 5/23/26 563.20 6/9/2026 305715 2 MAIN ST LLC UB REFUND 70.25 6/9/2026 305716 2 MAIN STREET LLC UB REFUND 511.60 6/9/2026 305717 APOSTOLIC LIGHTHOUSE CHURCH INC UB REFUND 28.63 6/9/2026 305718 EWERT, RICHARD UB REFUND 25.01 6/9/2026 305719 KASTENS, J.E. UB REFUND 35.68 6/9/2026 305720 KOEBNICK, MARION UB REFUND 49.96 6/9/2026 305721 MCRAITH, BERNARD & MARY UB REFUND 59.47 6/9/2026 305722 MENDEZ DIAZ, EDUARDO UB REFUND 28.37 6/9/2026 305723 MENDEZ DIAZ, EDUARDO UB REFUND 164.00 6/9/2026 305724 STEGMEIER, RACHAEL UB REFUND 20.58 6/9/2026 305725 ACE HARDWARE - 1315 REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 739.86 6/9/2026 305726 ACE HARDWARE - 1790 TRUCK WASH SOAP - FIRE 35.97 6/9/2026 305727 AMERICAN LEGAL PUBLISHING SUPPLEMENT PAGES -ADMIN 230.00 6/9/2026 305728 AMERICAN LEGAL PUBLISHING CORP SUPPLEMENT PAGES -ADMIN 1,528.44 6/9/2026 305729 APEX ENGINEERING GROUP INC SCHOOL ROAD STUDY, ENVIRO TRANS - ENG 4,899.50 6/9/2026 305730 ARTISAN BEER COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 1,814.60 6/9/2026 305731 AUTO-CHLOR SYSTEM DISHWASHER SERVICE - SR DINING 257.05 6/9/2026 305732 BELLBOY CORPORATION COST OF GOODS SOLD - LIQUOR HUTCH 1,063.44 6/9/2026 305733 BENNETT MATERIAL HANDLING INC FORKLIFT LIFT SEAL BLOCK REPAIR - WWTP 2,235.96 6/9/2026 305734 BERNICK'S COST OF GOODS SOLD - LIQUOR HUTCH 259.42 6/9/2026 305735 BIOBASE LLC SUBSCRIPTION -SW POND MAPPING -STORMWATER 1,348.00 6/9/2026 305736 BOBBING BOBBER BREWING CO COST OF GOODS SOLD - LIQUOR HUTCH 579.13 6/9/2026 305737 BOLTON & MENK INC ENG SERVICES - MULTIPLE PROJECTS 18,342.50 6/9/2026 305738 BREAKTHRU BEVERAGE MN WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 8,307.13 6/9/2026 305739 BROOKSHIRE CO, THE ANNUAL CVN MEMBERSHIP - EDA 4,500.00 6/9/2026 305740 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 57,239.02 6/9/2026 305741 CENTRAL UNITED COOPERATIVE UNLEADED - HATS 31,253.13 6/9/2026 305742 CINTAS CORPORATION SUPPLIES & SERVICE - LIQUOR HUTCH 557.55 6/9/2026 305743 COAST TO COAST SOLUTIONS ACTIVITY CARDS - POLICE 327.22 6/9/2026 305744 COLUMN SOFTWARE PBC PUBLICATION - ADMIN 160.22 6/9/2026 305745 CROW RIVER FLORAL& GIFTS FUNERAL ARRANGEMENT- LIQUOR HUTCH 60.00 6/9/2026 305747 DAHLHEIMER BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 59,101.00 6/9/2026 305748 DEAN, TAYLOR REIMB: SAFETY FOOTWEAR - PARKS 139.99 6/9/2026 305749 DEAN, TIFFANY REIMB: SAFETY FOOTWEAR - PARKS 139.99 6/9/2026 305750 DOG WASTE DEPOT DOG WASTE BAGS - PARKS 156.00 6/9/2026 305751 DOOLEY'S PETROLEUM INC FUEL -AIRPORT 22,240.00 6/9/2026 305752 DVS RENEWAL TAB RENEWALS- POLICE 24.75 6/9/2026 305753 E.G. RUD & SONS INC EASEMENT PREP - ENG 1,100.00 6/9/2026 305754 E2 ELECTRICAL SERVICES INC REPAIRS, WIRING - MULTIPLE DEPTS 1,761.25 6/9/2026 305755 ECOLAB PEST ELIMINATION RODENT PROGRAM - CREEKSIDE 240.91 6/9/2026 305756 FARM -RITE EQUIPMENT FORKLIFT RENTAL - CREEKSIDE 2,800.00 6/9/2026 305757 FASTENAL COMPANY GLOVES, SUPPLIES - PARKS 1,142.87 6/9/2026 305758 FENSKE'S STUMP REMOVAL STUMP REMOVAL - STREETS 1,500.00 6/9/2026 305759 FIVE STAR HYDRANT DIFFUSER HOSE ASSY - WATER 1,225.00 6/9/2026 305760 FRED HOLASEK & SON INC ANNUAL FLOWER ORDER - PARKS 2,892.45 6/9/2026 305761 FUZE LOGISTICS SERVICES USA INC CREEKSIDE BAGGED FREIGHT 4,425.00 6/9/2026 305762 GALLS LLC UNIFORMS- MULTIPLE DEPTS 409.85 6/9/2026 305763 GARAGE DOOR STORE REPAIRS, INSPECTIONS - CREEKSIDE 1,908.00 6/9/2026 305764 GOLD TREE APPAREL CLOTHING-CREEKSIDE 808.00 6/9/2026 305765 GRAINGER PHASE MONITOR, FITTINGS, BELTS - WWTP 272.82 6/9/2026 305766 GREAT NORTHERN ENVIORNMENTAL LLC U.V WIRING REPAIR- WWTP 1,129.25 6/9/2026 305767 GREEN EARTH LAWN CARE INC CONTRACTED LAWN SERVICE- EDA 115.13 6/9/2026 305768 HANSEN GRAVEL INC DIRT WORK, PAVER PROJECT - MULTIPLE DEPTS 6,123.00 6/9/2026 305769 1 HANSEN, TRENTEN SAFETY FOOTWEAR - WWTP 1 184.99 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATES 5/27/26 - 6/9/26 Check Date Check# Name Description Amount 6/9/2026 305770 HAWKINS INC FERRIC CHLORIDE -WWTP 11,919.11 6/9/2026 305771 HAYDAY EXPRESS CREEKSIDE BAGGED FREIGHT 975.00 6/9/2026 305772 HEART OF MINNESOTAANIMAL SHELTER COMPOST BAGS DISTRIBUTION 500.00 6/9/2026 305773 HJERPE CONTRACTING RPR BROKEN WATER MAIN ON MCDONALD DR - WATER 7,396.50 6/9/2026 305774 H MA ARCHITECTS LTD CITY CENTER NEEDS STUDY 15,187.50 6/9/2026 305775 HOFF, RANDY FLOWERS - POLICE 52.00 6/9/2026 305776 HOFFMAN ELECTRIC MN LLC ELECTRICAL REPAIR - AIRPORT 3,845.60 6/9/2026 305777 HOISINGTON KOEGLER GROUP INC FESTIVAL STREET ELECTRICAL DESIGN 2,392.50 6/9/2026 305778 HOLT-PETERSON BUS JULY 2026 SENIOR TOUR 920.00 6/9/2026 305779 HOME CITY ICE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 712.42 6/9/2026 305780 HOMETOWN SPORTS&APPAREL T-SHIRTS -YOUTH SPORTS -REC 1,601.60 6/9/2026 305781 HUTCH ELECTRIC VOLLEYBALL LIGHTING PROJECT- PARKS 3,562.30 6/9/2026 305782 HUTCHINSON CHAMBER &TOURISM APR LODGING TAX 8,471.15 6/9/2026 305783 HUTCHINSON WHOLESALE#1550 SANDING, BONDO -STREETS 80.59 6/9/2026 305784 HUTCHINSON WHOLESALE #1552 PAINTING GATOR REPAIRS, TILLER TUBING - PARKS 12.20 6/9/2026 305785 INGSTAD BROADCASTING ADVERTISING - LIQUOR HUTCH 420.00 6/9/2026 305786 INSELMANN,ERIC REIMB:CARSEATCLASS - FIRE 87.67 6/9/2026 305787 INTERSTATE BEARING SYSTEMS INC PEER ATTACHMENT, 24273 FOR BAGGER - CREEKSIDE 1,042.08 6/9/2026 305788 JAUNICH, MATT REIMB:COMPASSPEERGROUPMTG -ADMIN 61.63 6/9/2026 305789 JOHNSON BROTHERS LIQUOR CO COST OF GOODS SOLD - LIQUOR HUTCH 37,405.00 6/9/2026 305790 JUUL UNDERGROUND LLC SUMMERSET POND CLEANING - STORMWATER 16,599.00 6/9/2026 305791 K & A CONTRACTING LLC CONCRETE REPAIRS- STREETS 10,054.00 6/9/2026 305792 KERI'S CLEANING & HANDYMAN SERVICES JANITORIAL CONTRACTED - MULTIPLE LOCATIONS 2,207.00 6/9/2026 305793 KILLMER ELECTRIC CO ROBERTS PARK COMPLEX LIGHTING PROJECT 121,122.80 6/9/2026 305794 KOHLS SWEEPING SERVICE PILING CONCRETE AND ASPHALT - CREEKSIDE 3,040.00 6/9/2026 305795 L & P SUPPLY OF HUTCHINSON INC TIRES, ROOF SAW CHAIN - MULTIPLE DEPTS 1,039.36 6/9/2026 305796 LANO EQUIPMENT OF NORWOOD ARMMIRROR- STREETS 107.71 6/9/2026 305797 LAWSON PRODUCTS INC SCREWS/NUTS- HATS 392.14 6/9/2026 305798 MADDEN GALANTER HANSEN LLP UNION NEGOTIATION - POLICE 2,991.10 6/9/2026 305799 MARCO TECHNOLOGIES LLC PRINTING CONTRACTS - MULTIPLE DEPTS 2,642.70 6/9/2026 305800 MCLEOD COUNTY HHW OLD STATION TV DISPOSAL- FIRE 10.00 6/9/2026 305801 MEEKER WASHED SAND & GRAVEL SAND FOR ROBERTS VOLLEYBALL COURTS - PARKS 860.38 6/9/2026 305802 MENARDS HUTCHINSON REPAIR & MAINTSUPPLIES- MULTIPLE DEPTS 1,581.87 6/9/2026 305803 MESSNER, SANDRA UNIFORM HEMMING AND PATCHES- POLICE 60.00 6/9/2026 305804 MIDWEST MACHINERY CO SNOW REMOVAL, LEAF VACUUMING, HAULING - MULTIPLE DEPTS 29,700.00 6/9/2026 305805 MINI BIFF PORTA TOILET RENTALS- MULTIPLE DEPTS 673.20 6/9/2026 305806 MINNESOTA VALLEY TESTING LAB LAB SAMPLETESTING-WWTP 1,635.25 6/9/2026 305807 MN STATE FIRE CHIEFS ASSOCIATION LT'S AT DULUTH FIRE SCHOOL 1,425.00 6/9/2026 305808 MOUNTAIN WEST LLC CEDAR MULCH BULK- CREEKSIDE 5,047.50 6/9/2026 305809 NORTH CENTRAL LABORATORIES LAB SUPPLIES - WWTP 1,062.09 6/9/2026 305810 NUSS TRUCK & EQUIPMENT MS812T FILTERS - STREETS 260.70 6/9/2026 305811 OFFICE DEPOT TISSUES - HATS 35.96 6/9/2026 305812 OFFICE OF MNIT SERVICES CROWDSTRIKE MNIT- MULTIPLE DEPTS 653.34 6/9/2026 305813 O'REILLYAUTO PARTS CLEANING SUPPLIES- PARKS 50.43 6/9/2026 305814 OXFORD STREET MERCHANTS COST OF GOODS SOLD - LIQUOR HUTCH 730.22 6/9/2026 305815 PARK NICOLLET CLINIC CAM - EVENT CTR 1,500.00 6/9/2026 305816 PAULSON, DEB REIMB: CLASS B LICENSE RENEWAL - WWTP 23.00 6/9/2026 305817 PAUSTIS WINE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 982.83 6/9/2026 305818 PEOPLEREADY INC CREEKSIDE TEMP STAFFING 1,657.60 6/9/2026 305819 PHI LLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 11,572.33 6/9/2026 305820 PIONEER ATHLETICS / PIONEER MFG PAINT SUPPLIES FOR VMF & CHALK- PARKS 1,092.91 6/9/2026 305821 POHLMEIER, RICH FASTPITCH UMPIRES - REC 3,240.00 6/9/2026 305822 POSTMASTER POSTAGE ACCOUNT - WATER/WWTP 50.00 6/9/2026 305823 PREMIER TECH SYSTEMS & AUTOMATION BAGGER PARTS - CREEKSIDE 7,752.14 6/9/2026 305824 PREMIUM WATERS WATER SERVICE - PARKS 56.74 6/9/2026 305825 PROFILE PRODUCTS LLC HYDRAFIBERTOWERS- CREEKSIDE 14,991.56 6/9/2026 305826 RED BULL DISTRIBUTION COMPANY INC COST OF GOODS SOLD - LIQUOR HUTCH 327.44 6/9/2026 305827 REGIONAL CARRIERS INC CREEKSIDE BAGGED FREIGHT 500.00 6/9/2026 305828 RICE LAKE CONSTRUCTION GROUP L3/P24-09 WWTF SOLIDS IMPV PROJECT 284,365.55 6/9/2026 305829 RIVER HOUSE COMMERICAL LOAN - EDA 54,702.00 6/9/2026 305830 ROTOCHOPPER GRINDERPARTS- CREEKSIDE 1,556.04 6/9/2026 305831 RUNNING'S SUPPLY REPAIR & MAINT SUPPLIES- MULTIPLE DEPTS 1,085.88 6/9/2026 305832 S&S TRUCKING LLC FLATBED TRUCKING FOR BAGGED PRODUCTS - CREEKSIDE 9,830.00 6/9/2026 305833 SCHAEFER WELL COMPANY INC PRIVATE WELL SEALING GRANT FROM CITY- WATER 500.00 6/9/2026 305834 SCHAEFFER MFG CO OILS AND LUBES - WWTP 892.70 6/9/2026 305835 SCHERER& SONS TRUCKING INC FLATBED TRUCKING FOR BAGGED PRODUCTS - CREEKSIDE 535.00 6/9/2026 305836 SIKA CORPORATION MULCHCOLORANT- CREEKSIDE 7,437.00 6/9/2026 305837 SITEONE LANDSCAPE SUPPLY VETS PAVER PROJECT- PARKS 579.44 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATES 5/27/26 - 6/9/26 Check Date Check# Name Description Amount 6/9/2026 305838 SOUTHERN GLAZER'S WINE AND SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 18,472.93 6/9/2026 305839 STANDARD PRINTING-N-MAILING POSTAGE, ENVELOPES - MULTIPLE DEPTS 4,224.12 6/9/2026 305840 STAPLES ADVANTAGE OFFICE SUPPLIES - MULTIPLEDEPTS 547.71 6/9/2026 305841 STAR TRIBUNE SUBSCRIPTIONS - MULTIPLEDEPTS 280.18 6/9/2026 305842 STARRY ELECTRIC INC INSTALLATION OF ROBERTS PARK COMPLEX LIGHTING 8,288.50 6/9/2026 305843 STREICH TRUCKING LYNDES FREIGHT OUT- CREEKSIDE 1,095.00 6/9/2026 305844 SYSCO WESTERN MN CONCESSIONS - WATERPARK 984.74 6/9/2026 305845 TERMINAL SUPPLY CO CONNECTORS/LAMPS/TIES/WIRE-HATS 469.46 6/9/2026 305846 TITAN MACHINERY COOLER, HYDRAULIC FOR LOADER 789 - CREEKSIDE 1,118.06 6/9/2026 305847 TRI COUNTY WATER SOFTENER SALT, BOTTLED WATER - MULTIPLE DEPTS 201.06 6/9/2026 305848 TRUE BRANDS COST OF GOODS SOLD - LIQUOR HUTCH 367.38 6/9/2026 305849 TWO-WAY COMMUNICATIONS INC MS805TINSTALL CONNECTOR -STREETS 50.95 6/9/2026 305850 ULINE HOSE CHANNEL CABLE PROTECTOR - STREETS 389.83 6/9/2026 305851 UNITED PACKAGING & DESIGN SLIP SHEETS - CREEKSIDE 10,800.00 6/9/2026 305852 USA BLUE BOOK MAINTENANCE SUPPLIES - WWTP 113.89 6/9/2026 305853 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 19,619.30 6/9/2026 305854 VIKING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 604.05 6/9/2026 305855 VINOCOPIA INC COST OF GOODS SOLD - LIQUOR HUTCH 5,044.75 6/9/2026 305856 VIVID IMAGE UPDATES TO CREEKSIDE WEBSITE FORMS 120.00 6/9/2026 305857 WASTE MANAGEMENT OF WI -MN REFUSE TAKEN TO LANDFILL 10,231.09 6/9/2026 305858 WELCOME NEIGHBOR ADVERTISING - LIQUOR HUTCH 70.00 6/9/2026 305859 WESTWOOD PROFESSIONAL SERVICES INC THE LANDING CONSTRUCTION MGMNT SERVICES - STORMWATER 4,410.00 6/9/2026 305860 WILSON'S NURSERY INC TREES, FLOWERS, SHRUBS- MULTIPLE DEPTS 5,793.91 6/9/2026 305861 WINE COMPANY, THE COST OF GOODS SOLD - LIQUOR HUTCH 4,455.63 6/9/2026 305862 WINEBOW FINE WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 1,745.00 6/9/2026 305863 WM MUELLER & SONS Ll/P26-01 EDMONTON AVE SE 222,961.15 6/9/2026 305864 WURZBERGER, KAITLYN COACHING REFUND - REC 35.00 6/9/2026 305865 ZIEMER PLUMBING LLC SHOWER REPAIRS AT MWR CAMPGROUND 760.00 Total - Check Register A: $ 1,474,805.12 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATES 5/27/26 - 6/9/26 Check Date Check# Name Descriotion Amount 6/9/2026 305746 CROW RIVER GLASS & SIGNS BUILDING SIGNAGE 242.66 Total - Check Register B: $ 242.66 HUTCHINSON CITY COUNCIL H UTC H I N SON Request for Board Action A CITY ON PURPOSE. Agenda Item: 3.2% Malt Liquor License - OSA Retail LLC Department: Administration LICENSE SECTION Meeting Date: 6/9/2026 Application Complete Yes Contact: M. Jaunich/M. Starke Agenda Item Type: Presenter: M. Jaunich/M. Starke Reviewed by Staff ✓❑ Public Hearing Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Chandan Jung Thapa of OSA Retail LLC, is a a retail corporation that recently took ownership of Hutchinson 1 Stop located at 1201 Main Street North. Mr. Thapa/OSA Retail LLC has submitted an application to sell off -sale 3.2% malt liquor at Hutchinson 1 Stop. State law allows the governing body of a city or county to issue off -sale licenses for the sale of 3.2 percent malt liquor within their respective jurisdictions. The police department has conducted a background investigation on the applicant and has found nothing that would preclude him or the organization from obtaining an off -sale 3.2% malt liquor license. OSA Retail LLC's insurance information is on file with Administration. BOARD ACTION REQUESTED: Approve issuing off -sale 3.2% malt liquor license to OSA Retail LLC for Hutchinson 1 Stop located at 1201 Main Street North 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: �wr r � HUTCHINSON A CITY ON PURPOSE. 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-51510ax: (320) 234-4240 Off -Sale Fee: 90.00 ( JV 072 City of Hutchinson APPLICATION FOR 3.2 MALT LIQUOR LICENSE — OFF SALE In provisions of the City of Hutchinson Municipal Code Chapter 112 All applications must be received at least two weeks -before City Council Meeting in order to be considered Business Information os7fi owl lie. Is v M u c ►' 320-6�7��51 � iness Name Phone Number 201 Hgkhlp-zn * Business Addnss City State Zip Qek Lxlsgw1 n) T e of Business /fa //cable Corporate Informaatio(n� rr j L K.4 � f L1 `r `- - - FV 7- 6d I Corporation Name '�� ave fV" Phone Number .� yjw ' , O Corporation Address cilp State o Office s Owners of the Business ifneaessa , list additional names on se rate sheet Name rifle Name Title Name rifle Checklist The following items need to be completed and/or attached in order for the application to be processed: Certificate of insurance (made out in the name of the City of Hutchinson) -dyes ❑ no Application fee paid in full (check or money order): tl yes ❑ no Application completed in full and signed by authorized officer: Q yes ❑ no The above listed business hereby applies for a license for the term of one year to sell IN ORIGINAL PACKAGES ONLY, 3.2 MALT LIQUORS, as the same are defined by law, for consumption "OFF" those certain premises in the City of Hutchinson described above at which place said applicant operates the business fisted above and to that end represents and state as follows: That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21 years; that he/she is proprietor of this establishment for which the license will be issued if this application is granted. City ofHutchinson Applkabbn for 3.2 Malt Liquor License — Off sale Page 2 of That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and hereby agrees to observe and obey the same. Each Applicant further states that he/she is not now the holder of, nor has he/she made application for, nor does he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor, I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. �S-�2-72-6- Si ofauthorized o>rcer of organization Date Internal Use Only Police pproved © denied No --- — lice Chief SiQl7aftlre fl Date CreekSide Soils SEKSI 11 CEKS �Rsoi• • �Rso«s� Mission Statement-- CreekSide will provide an environmentally responsible alternative to disposing of city and county organics in area landfills. This will be done in a manner that is self-sustaining and provides optimal benefits, economic and otherwise, to the residents of Hutchinson. CreekSide values innovation, market flexibility, incorporating best business practices, establishing partnerships, meeting or exceeding customer requirements, maintaining good relationships with neighbors, and being recognized as a community asset by the residents of Hutchinson, and McLeod County. Refuse Fund Defined Through the Refuse fund, the City charges its residents a monthly garbage fee for the collection and disposal of municipal solid waste (MSW) and source -separated organic material (SSOM) . The garbage fees collected from residents are used to pay the contracted hauling/collection service for both MSW and SSOM, landfill disposal charges for MSW and white goods pick up items and expenditures for the source -separated operations; including building improvements and capital equipment purchases. • The MSW material is disposed of at a local landfill at the expense of the Refuse fund based on a cost per ton contract rate. • The source -separated organic material collected is received at CreekSide where it is composted into a soil product and is currently being used City departmental projects. 3,000 2,500 1,500 1,000 500 MSW & SSOM Tonnages 2,734 2,674 2,597 2,465 2,395 2,392 1,559 1,478 1,408 1,318 1,335 1282 229 219 219 235 139 23 2020 2021 2022 2023 Year 2024 2025 —b-Incoming SS Tons tResidual SS Tons fMSW Tons *Since the Facility opened in 2001, a total of 44,529 tons of residential SSOM has been tipped and processed Compost it Right! campaign update MPCA grant funded campaign ended May 2025 cornposl�t It R� htl J Continued contamination reduction efforts think before you throw • Improving communication with collection hauler • Enforcement process: Organics cart removed after 2nd offense 18 carts removed in 2025 due to contamination Multiple facility tours to various groups Garden Plot Demonstration at the Depot/Farmer's Market • 83lbs of produce from Compost side, 34lbs from no Compost side Plate to Garden fundraising event (sold out) Involvement with MN Composting Council statewide toolkit Attended numerous community events with an information booth; Farmer's Market, Master Gardener events, churches, Garlic Festival, Water Carnival, County Fair Raw SSOM Physical Audit 2022-2025 SSOM Contamination Audit Events Summary CONTAMINATION RATES WEEK 1 WEEK 2 Audit Monday Tuesday Wednesday Thursday Friday Monday Tuesday Wednesday Thursday Friday Average June 2022 8.58% 8.79% 5.02% 2.89% 15.45% 3.94% 6.48% 7.20% 3.39% 14.86% 7.66% May 2023 7.30% 12.89% 6.04% 10.70% 4.66% 11.18% 8.14% 13.63% 3.02% 8.68% 8.62% April 2024 9.99% 2.38% 8.13% 17.75% 18.73% 11.50% 6.55% 5.66% 34.81 % 10.91 % 12.64% Dec 2024 12.05% 4.00% 8.18% 11.93% 9.64% 9.16% April2025 7.24% 9.44% 6.79% 5.94% 8.70% 7.62% FOODWASTE CAPTURE RATES WEEK 1 WEEK 2 Audit Monday Tuesday Wednesday Thursday Friday Monday Tuesday Wednesday Thursday Friday Average June 2022 1.48% 1.67% 3.19% 2.13% 3.72% 3.01 % 2.63% 0.51 % 4.98% 3.50% 2.68% May 2023 3.43% 1.64% 1.19% 2.13% 2.41 % 2.65% 3.04% 1.41 % 5.06% 3.03% 2.60% April 2024 2.29% 1.93% 1.81% 7.76% 7.85% 12.93% 5.07% 7.50% 7.69% 4.22% 5.91% Dec 2024 20.88% 17.44% 16.46% 18.30% 16.50% 17.92% April2025 16.55% 18.47% 12.86% 5.18% 2.55% 9.10% Refuse Budget % Change 2025 Actuals 2025 Budget 2024 Actuals 2024 to 2025 Year End Revenues $1,639,683 $1,562,200 $1,489,914 10.05% Year End Expenditures $1,692,965 $1,740,856 $2,505,229 -32.42% Net Revenue -$53,282 -$178,656 -$1,015,315 -94.75% Depreciation $172,000 $172,000 $172,000 0.00% Capital Outlay $13,464 $35,000 $964,842 -98.60% Transfer Out* $105,000 $105,000 $55,000 90.91% *$825,000 has been transferred to the Tree Disease/Infestation Mitigation Fund since 2010 **$50,000 transferred towards the purchase of a new leaf vacuum in 2025 Compost Fund Defined Creekside's Compost Fund serves as a drop-off site for compostable and recyclable materials such as logs, brush, yard waste and clean concrete & blacktop at no charge to both residents and contractors. With these materials, Creekside produces, markets, and distributes bulk and bagged compost mixtures as well as a variety of bulk and bagged colored mulches to local customers and to distributors with a current sales territory of 13 states from the Midwest to the Intermountain West. • Creekside sells bagged products in three labels; SplendorGro TM Creekside TM WonderBlendTM CREEKS °Y GYeekSide' Creekside also supplies horticultural materials, along with aggregates (when available), to various City departmental projects at reduced costs. 20,000 18,000 16,000 1L,000 12,000 10,000 8,000 6,000 L,000 1,000 0 Incoming Raw Materials Tonnages Yard Waste & Wood Waste 14.986 14,261 13,715 13,289 12,398 8 6,978 ,084 5,398 5,393 5,173 0 0 0 C 0 2021 2C22 2023 2C24 2025 Year 2025 Incoming Materials by Type and Generator Total City of Hutch- 54% of total McLeod County- 24% of total City of St. Cloud- 22% of total 49% yard waste 2,189 tons yard waste 1,850 tons yard waste 3,364 tons yard waste 51% wood waste 5,895 tons wood waste 1,688 tons wood waste 0 tons wood waste Total Tors —*--Hutc-linsonTons (Residual To -is 9000 8000 7000 6000 5000 4000 3000 2000 1000 0 2020 - 2026Wood Waste Received (tons) 4, 933 4,428 3,177 3,014 4,761 3,353 8,328 7.583 5,718 5,284 5,207 'I,746 3,590 :3,C6 1.854 1,688 1,433 1,003 839 1,17r 1,057 323 351 569 483 63/ 888 756 2020 2021 2022 2023 2024 2025 Projecied 2026 fTotaL%VWRec'd tHuich0nly fMcLeodCiy fCliyDepi 1,700,000 1,600,000 1,500,000 1,400,000 1,300,000 1,200,000 1,100, 000 Baacred Sales Volume 1,640,488 1,588,750 1,455,250 1,399,429 1,317,830 1,335,999 1,276,407 1,249,064 1,211,379 2017 2018 2019 2020 2021 2022 2023 2024 2025 Year Compost Budget % Change 2025 Actuals 2025 Budget 2024 Actuals 2024 to 2025 Year End Revenues $2,623,229 $2,551,500 $2,740,363 -4.27% Year End Expenditures $2,753,016 $3,023,338 $2,917,669 -5.64% Net Revenue -$129,787 -$471,838 -$177,306 26.80% Gross Profit Margin % 36.90% 34.30% 32.25% 4.65% Depreciation $290,000 $290,000 $290,000 0.00% Capital Outlay $222,468 $305,000 $62,268 257.28% Transfer Out* $120,000 $120,000 $120,000 0.00% *$1,716,928 has been transferred to the General Fund since 2009 2025 Mentionables VacStack conveyor acquired (via MPCA grant) • Plastic removal during screening process Cold Storage Expansion project completed PLC/HMI Bagging Line upgrade Hosted an Open house event in July; approx. 200 attendees Compost it Right! campaign continues to gain momentum, MPCA grant funding ended in May Bagged sales volume increased 3% in 2025 over 2024 Bit -Con was crushed in late 2025 (approx. 20,000 tons) and will be available in 2026 2026 Objectives Design and plan an Office Expansion and Truck Scale Replacement/Relocation project for 2027 Explore Co -Packing opportunities to expand our bagged sales area footprint Wood waste material; Tip Fee? • Wood waste received at Creekside in 2025 increased -43 % by weight over 2024 (2,300 tons) Questions/Comments? RA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Approve/Deny Second Reading and Adoption of Ordinance 26-876 - An Ordinance Amending Chapter Agenda Item: 130.27 of the City Code relating to Prohibited Public Conduct and Property Condition Nuisances Department: Administration LICENSE SECTION Meeting Date: 6/9/2026 Application Complete N/A 0 Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff Unfinished Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: This proposed ordinance is a follow up to the discussion we had last fall regarding loitering and homelessness in the downtown area. In an effort to strengthen the City's ordinance, we added a section to Chapter 130.27 that addresses people lying down or sleeping on a public sidewalk (section 30). Staff is asking the Council to consider a second reading and adoption of this ordinance. There have been no changes to the ordinance since its first reading. BOARD ACTION REQUESTED: Approve the Second Reading and Adoption of Ordinance 26-876 - An Ordinance updating Section 130.27 of the City Code Prohibited Public Conduct and Property Condition Nuisances 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. 26-876 AN ORDINANCE AMENDING SECTION 130.27 — PROHIBITED PUBLIC CONDUCTAND PROPERTY CONDITION NUISANCES The City Council hereby ordains: § 130.37 PROHIBITED CONDUCT. (A) Public nuisance prohibited. Any person who shall knowingly commit, cause or create a public nuisance condition as defined in this chapter or permits a public nuisance condition to be created or placed upon or to remain upon any private property owned, under the control of or occupied bythat person, or any publicly -owned property, including tax -forfeited property under public control, shall be guilty of a misdemeanor. In addition, the city may enforce this section by injunctive action or other appropriate civil remedy. (B) Property conditions constituting a public nuisance. The following property conditions are declared to be nuisances affecting public peace, welfare and safety: (1) All snow and ice not removed from public sidewalks within 12 hours after the snow and ice has ceased to be deposited thereon; (2) All limbs of trees which are less than eight feet above the surface of any public sidewalk, or nine feet above the surface of any street; ground; (3) All wires that are strung less than 15 feet above the surface of the (4) All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half their original value, and which are so situated as to endanger the safety of the public; (5) All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount contrary to state law, federal law or this code; state law; (6) All use or display of fireworks, except as permitted by this code and (7) Noises prohibited under this city code; (8) The allowing of rain water, ice or snow to repeatedly fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (9) All barbed wire fences which are located within three feet of any public sidewalk; (10) All dangerous unguarded machinery or materials in any public place or so situated or operated on private property to attract the public; (11) Any condition that interferes with, obstructs or renders dangerous for passage a public sidewalk, roadway, highway or right-of-way or waters used by the public; (12) The intentional or negligent discharge of items such as leaves, grass clippings, solvents, antifreeze, oil, fireplace ashes, paint or cement resonate into a street, storm sewer system or water resource such as a wetland, creek, pond or lake; (13) Encroachments onto publicly -owned property and road right-of-way, including tax -forfeited property under public control, including, but not limited to, the placement of structures, materials, recreational equipment vehicles, lawn chairs, fire pits, the dumping of organic materials, the storing of privately -owned items, the undertaking of activities affecting the physical nature of the property, such as mowing, vegetation removal or the application of fertilizer, pesticides or herbicides without the express, written permission of the city; (14) (a) Construction materials and equipment (including, but not limited to, piles of dirt, rock, landscaping materials, sod, scaffolding, forms, dumpsters, portable toilets, debris and construction trailers) left in the open: 1. On a single-family or two-family residential site beyond one year after issuance of a permit or commencement of the construction project, whichever occurs first. A construction project is considered to commence when the first exterior evidence of the project is visible (for example, delivery of materials or removal of soil cover); and 2. On a multi -family residential site or on a non-residential site beyond 180 days after issuance of the first temporary or permanent certificate of occupancy. (b) In the case of demonstrated hardship due to sources beyond the control of the property owner (including, but not limited to, extreme weather conditions; reasonably unforeseen material, equipment or labor shortages; vandalism; or theft), the time allowed for exterior construction and finishes may be extended at the sole discretion of the Planning/Zoning/Building Director upon written appeal filed as soon as the need for an extension becomes known. (15) Discarded construction material or other litter at a construction site that is not placed in an adequate waste container or that is allowed to blow around or off the site; (16) Buildings, fences and other structures that have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they are unsightly, decrease adjoining landowners' and occupants' enjoyment of their property and neighborhood, adversely affect property values and neighborhood patterns and endangers public safety. Standards to be considered in this determination shall include: (a) All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weather-proof and properly surface coated where required to prevent deterioration; (b) All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather -resistant and water -tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement; (c) Every window, skylight, door and frame shall be kept in sound condition, good repair and weather -tight. All glazing materials shall be maintained free from cracks and holes; (d) All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door; (e) All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition; (f) The roof and flashing shall be sound, tight and not have defects that admit precipitation. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water may not be discharged in a manner that creates a public nuisance; (g) All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment; and (h) All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. (17) A clandestine lab site; (18) Improper sewage disposal to such degree that sewage or effluent is discharging onto the surface of the ground, backing up into a structure or discharging into a body of water; (19) An unsecured hole or opening caused by improperly abandoned cistern, well pit, sewage treatment system, unused or non -maintained swimming pool, foundation, mine shaft or tunnel, or any other hole or opening in the ground of sufficient size or depth to pose a danger to the public or an attractive nuisance; (20) Failure to keep waste, refuse or garbage in an enclosed building or properly contained in a closed, insect- and rodent -proof container designed or reasonably adapted for such purpose, except for the immediate time preceding pick-up by a refuse hauler; (21) Accumulation of carcasses of animals, birds or fish by failing to bury or otherwise dispose of in a sanitary manner within 24 hours after death. This provision shall not apply if the animals, birds or fish are intended for human consumption; (22) Accumulation of decaying animal or vegetable matter, animal or human feces, trash, rubbish, garbage, rotting lumber, packing material, scrap metal, tires or any other substances in which flies, mosquitoes, other disease carrying insects, rodents or other vermin can harbor; this definition does not include compost bins or compost sites which are being managed in accordance with acceptable standards; (23) Accumulations of animal feces, rubbish or junk remaining in any place as to become dangerous or injurious to the health and safety of any individual or to the public; (24) Accumulations in permanent dwellings to such an extent preventing emergency egress; (25) Any structure that has become dangerous for further occupancy because of structural or sanitary defects or grossly unsanitary conditions; (26) Infestations of flies, fleas, cockroaches, lice, rats, mice, fly larvae or hookworm larvae; (27) Unnatural breeding grounds which support mosquito larvae and mosquitoes carrying West Nile Virus, La Crosse Encephalitis Virus or any other disease causing microorganism; (28) Parking of an excess number of vehicles in violation as defined by Ch. 92 of this code of ordinances; and (29) Accumulation of weeds, grasses and rank vegetation in violation of §§ 92.035 through 92.043 of this code of ordinances. (30) No person shall lie down on or sleep upon a public sidewalk, curb, or upon a blanket, stool, chair, sleeping bag, or any other object placed upon a public sidewalk, with the exception of a medical emergency or while participating in or attending a legally permitted parade, festival, performance, rally, demonstration, or similar event. (2004 Code, § 130.32) (Ord. 09-0521, passed 9-22-2009) Penalty, see § 130.99 Adopted by the Hutchinson City Council this day of , 2026. ATTEST: Gary T. Forcier, Mayor Matthew Jaunich, City Administrator RA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Proposed Edits to City Ordinances, Chapter 53: Sewers. Agenda Item: Department: Public Works LICENSE SECTION Meeting Date: 6/9/2026 Application Complete N/A Contact: Mike Stifter Agenda Item Type: Presenter: Mike Stifter Reviewed by Staff New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Chapter 53: Sewers defines a number of sewer loading parameters as it relates to Normal Domestic Strength Wastewater and Industrial Users. The Normal Domestic Strength was last updated in 2007 and was recently just studied. Proposed changes update the parameters of Normal Domestic Strength vs Industrial Strength. Additionally, fees and fines are currently codified in Chapter 53. Proposed edits remove these fees from Chapter 53 and instead refers the reader to the fee schedule. Other minor edits refer to dates of reference material and other statutes and codes. BOARD ACTION REQUESTED: Approval of First Reading of City Ordinances, Chapter 53: Sewers Fiscal Impact: $ 0.00 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: PUBLICATION NO. ORDINANCE NO. 26-877 AN ORDINANCE AMENDING CHAPTER 53 OF THE HUTCHINSON CITY CODE — SEWERS The City Council of the City of Hutchinson hereby ordains: CHAPTER 53: SEWERS Section General Provisions 53.001 Definitions Construction and Connections 53.015 Permit required; connection costs; fees 53.016 Private systems 53.017 Removal of prohibited connections 53.018 Old building sewers 53.019 Standards 53.020 Regulations and codes apply 53.021 Inspections 53.022 Excavations; barricades and lights; restoration 53.023 Sewer line; owner responsibility Public Sewers; Use Restrictions 53.035 Unpolluted waters; discharge to sanitary sewers prohibited 53.036 Storm sewers 53.037 Prohibited discharges; NPDES permit 53.038 Special agreements 53.039 New connections, treatment capacity requirement 53.040 Dilution not a treatment Industrial Wastes; Control 53.055 Data submission 53.056 Industrial discharges; Council authority 53.057 Control manholes 53.058 Flow measurement, water and waste meters 53.059 Waste sampling 53.060 Pretreatment 53.061 Grease, oil and sand interceptors 53.062 Analysis 53.063 Treatment facilities; approval required Industrial Wastewater; Pretreatment 53.075 Purpose and policy; application 53.076 Definitions 53.077 Discharge prohibitions 53.078 Limitations on wastewater strength 53.079 Accidental discharges; notification 53.080 Charges and fees; purpose 53.081 Wastewater discharge permits 53.082 Self -monitoring reports; monitoring facilities 53.083 Inspection, sampling and analysis 53.084 Pretreatment 53.085 Confidentiality 53.086 Sludges generated; disposal 53.087 Final compliance date; reporting requirements 53.088 Emergency suspension of service and permit 53.089 Notification of violation; correction; permit revocation 53.090 Hearing 53.091 Legal action 53.092 Publication of violators 53.093 Appeal 53.094 Costs of damage 53.095 Falsifying information unlawful Rates and Charges 53.110 Sewer use measurement, water meters, private water sources 53.111 Deduct meters 53.112 Treatment works; operation, maintenance and replacement costs 53.113 Service charges, user categories 53.114 Disposition of operation, maintenance and replacement funds 53.115 Septic tank sludge and holding tank sewage; disposal permit; fees; liability 53.116 Toxic pollutants, surcharges 53.117 Billing procedures Storm Water Drainage Utility 53.130 Establishment 53.131 Definitions 53.132 Findings and determinations 53.133 Rates and charges; land use classifications 53.134 Adjustment authority 53.135 Public hearing and notice 53.136 Exemptions 53.137 Payment of charges 53.138 Delinquent accounts 53.139 Recalculation; adjustments; credits Administration and Enforcement 53.150 Right of entry; identification; safety rules 53.151 Public nuisances, abatement, emergency abatement 53.152 Appeals; procedures 53.153 Annual audit; rate notification 53.154 Records GENERAL PROVISIONS § 53.001 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BOD or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20°C, expressed as milligrams per liter (mg/1). Quantitative determination of BOD shall be made in accordance with procedures set forth in Standard Methods. BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer. BUILDING SEWER. A sanitary sewer which begins immediately outside of the foundation wall of any building or structure being served and ends at its connection to the public sewer. CATEGORYA. The sanitary users who discharge normal domestic strength wastewater with concentrations of BOD no greater than 130 mg/l, suspended solids no greater than 220 mg/I,nitrogen no greater than 30 mg/l, and phosphorus no greater than 4.5 mg/l CATEGORY B. The sanitary sewer users who discharge wastewater with concentrations in excess of 130 mg/l of BOD, 200 mg/l suspended solids,30 mg/l nitrogen, or 4.5 mg/l phosphorus. Users whose wastewater exceeds the concentration for any one of these parameters shall be in CATEGORY B. CHLORINE REQUIREMENT. The amount of chlorine, in mg/l, which must be added to sewage to produce a residual chlorine as specified in the National Pollutant Discharge Elimination System (NPDES) permit. COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water. COMMERCIAL USER. Any place of business which discharges sanitary waste as distinct from industrial wastewater. COMPATIBLE POLLUTANTS. BOD, suspended solids, phosphorus, nitrogen, pH or fecal coliform bacteria, plus additional pollutants identified in the city's NPDES permit for its wastewater treatment facility; provided that, this facility is designed to treat these additional pollutants and, in fact, does remove these pollutants to a substantial degree. DEBT SERVICE CHARGE. A charge levied on users of wastewater treatment facilities for the cost of repaying money bonded to construct those facilities. EASEMENT. An acquired legal right for the specified use of land owned by others. FIXED CHARGE. A charge levied on users of the treatment works for those costs attributable to administration of the wastewater treatment works (i.e., billing and associated bookkeeping and accounting costs) and for one-half of the total debt service attributable to sewer rehabilitation. FLOATABLE OIL. Oil, fat or grease in a physical state that +-will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of FLOATABLE OIL if it is properly pretreated and the wastewater does not interfere with the collection system. GOVERNMENTAL OR PUBLIC USER. Users which are units, agencies or instrumentalities of federal, state or local government discharging normal domestic strength wastewater. GROUND GARBAGE. The residue from the preparation, cooking, dispensing, handling, storage and sale of food products and produce that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. INCOMPATIBLE POLLUTANTS. Wastewater with pollutants that will adversely affect the wastewater treatment facilities or disrupt the quality of wastewater treatment if discharged to the wastewater treatment facilities. INDUSTRIAL USERS or INDUSTRIES. Includes: (1) Entities that discharge into a publicly owned wastewater treatment works, liquid wastes resulting from the processes employed in industrial or manufacturing processes, or from the development of any natural resources. These are identified in the Standard Industrial Classification Manual, 1987, U.S. Department of Labor, as amended and supplemental under one of the following divisions: Division A: Agriculture, Forestry and Fishing; Division B: Mining; Division D: Manufacturing; Division E: Transportation, Communications, Electric, Gas and Sanitary Sewers; or Division I: Services. For the purpose of this definition, domestic waste shall be considered to have the following characteristics: (a) BOD no greater than 130 mg/1; (b) Suspended solids no greater than 220 mg/1; (c) Nitrogen no greater than 45 mg/I, and (d) Phosphorus no greater than 4.5 mg/I (2) Any non -governmental user of a publicly owned treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works. INDUSTRIAL WASTE. Any solid, liquid or gaseous substance discharged or escaping from any industrial, manufacturing or commercial establishment. The term includes any wastewater which is not sanitary sewage. INFILTRATION. Water entering the sewage system (including building drains and pipes) from the ground through such means as defective pipes, pipe joints, connections and manhole walls. INFILTRATION/INFLOW or I -I. The total quantity of water from both infiltration and inflow. INFLOW. Water other than wastewater that enters a sewer system (including building drains) from sources such as, but not limited to, roof leaders, cellar drains, yard and area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross -connections from storm sewers, catch basins, surface runoff, street wash waters or drainage. INSTITUTIONAL USER. A user other than commercial, governmental, industrial or residential users, discharging primarily normal domestic strength wastewater (e.g., non- profit organizations). NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT. Any permit or requirements issued by the State Pollution Control Agency (MPCA) pursuant to the Federal Water Pollution Control Act, as amended, for the purpose of regulating the discharge of wastewater, industrial wastes or other wastes under the authority of § 402 of the Act, being 33 U.S.C. § 1342. NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or ground water. NITROGEN. Kjeldahl nitrogen, which is the sum of organic nitrogen and ammonia nitrogen. NORMAL DOMESTIC STRENGTH WASTEWATER. Wastewater with concentrations of BOD no greater than 130 mg/I, suspended solids no greater than 220 mg/I,nitrogen no greater than 30 mg/I, and phosphorus no greater than 4.5 mg/I OPERATION AND MAINTENANCE COSTS. Includes all costs required to provide for the dependable and economical functioning of the treatment facilities throughout the design or useful life, whichever is longer, of the treatment facilities, and at the level or performance for which the treatment facilities were designed and constructed. OPERATION AND MAINTENANCE includes replacement. These costs shall be determined from time to time by the city. pH. The logarithm of the reciprocal of the hydrogen -ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen -ion concentration of 10-7. PHOSPHORUS. Total phosphorus, expressed in mg/I of P (phosphorus). PUBLIC SEWER. Any publicly owned sewer, storm drain, sanitary sewer or combined sewer. REPLACEMENT COSTS. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the design or useful life (whichever is longer) of the wastewater treatment facility to maintain the capacity and performance for which those facilities were designed and constructed. Operation and maintenance costs include REPLACEMENT COSTS. RESIDENTIAL USER. A user of the treatment facilities whose premises or building is used primarily as a residence for one or more persons, including dwelling units such as detached and semi-detached housing, apartments and mobile homes; and which discharges primarily normal domestic strength sanitary wastes. SANITARY SEWAGE. A combination of liquid and water -carried wastes discharged from toilets and/or sanitary plumbing facilities. SANITARY SEWER. A sewer that carries sewage or wastewater. SEWAGE. The spent water of a person or community. The preferred term is WASTEWATER. SEWER. A pipe or conduit that carries wastewater or drainage water. SEWER SERVICE CHARGE. A charge levied on users of the wastewater treatment facilities for payment of operation and maintenance expenses, debt service costs and other expenses or obligations of those facilities. SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds, for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration of flows during normal operation or adversely affects the collection system or performance of the wastewater treatment facility. STANDARD METHODS. The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. STORM SEWER OR DRAIN. A drain or sewer for conveying water, ground water, subsurface water or unpolluted water from any source. SUSPENDED SOLIDS. Total suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods, and referred to as NON - FILTERABLE RESIDUE. UNPOLLUTED WATER. Water quality equal to or better than the effluent of the wastewater treatment facilities or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities. USER CHARGE. A charge levied on users of a treatment works for the user's proportionate share of the cost of operation and maintenance, including replacement. WASTEWATER. The spent water of a community or person. From the standpoint of source, it may be a combination of the liquid and water -carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water and storm water that may be present. WASTEWATER COLLECTION FACILITIES or WASTEWATER COLLECTION SYSTEM. The structures and equipment required to collect and carry wastewater. WASTEWATER TREATMENT FACILITY. An arrangement of devices and structures for treating wastewater and sludge. Also referred to as WASTEWATER TREATMENT PLANT. (2004 Code, § 53.001) (Ord. 781, passed 7-19-1988) CONSTRUCTION AND CONNECTIONS § 53.015 PERMIT REQUIRED; CONNECTION COSTS; FEES. (A) Work authorized. It is unlawful for any unauthorized person to uncover, make any connections with or opening into, use, alter or disturb the sanitary sewer or appurtenance thereof without first obtaining a written permit from the Council. (B) Cost of sewer connection. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the person making the connection. (C) Sewer connection fees. The Council shall have the authority to establish and enforce sewer connection fees as deemed appropriate by the Council. (2004 Code, § 53.015) (Ord. 781, passed 7-19-1988) Penalty, see § 10.99 § 53.016 PRIVATE SYSTEMS. All property owners with septic systems, holding tanks, mound systems or other on - site systems shall be required to hook up to the sanitary sewer system unless granted a variance by the Council. (2004 Code, § 53.016) (Ord. 781, passed 7-19-1988) Penalty, see § 10.99 § 53.017 REMOVAL OF PROHIBITED CONNECTIONS. Any person, owner, lessee or occupant, and any plumber or building contractor who has presently made or permitted to be made, or shall make or permit to be made, any connection or installation in violation of this chapter shall immediately remove that connection or correct that installation. If not removed or corrected within 30 calendar days after notice of violation has been delivered personally or by certified mail to that person, owner, lessee or occupant, the city may impose a 661FGhaFge fee per month on the sewer bill of the property owners who are not in compliance with this chapter. This surcharge may also be imposed upon any property owner, lessee or occupant who, after the 30-calendar day notice, refuses to allow his or her property to be inspected or fails to provide the certificate from an authorized and registered state licensed plumber. All properties found during regular or periodic reinspection programs that violate this chapter will be subject, at the discretion of the city, to the imposition of the monthly fee for all months between the two most recent inspections. (2004 Code, § 53.017) (Ord. 781, passed 7-19-1988; Ord. 01-291, passed 5-22-2001) Penalty, see § 10.99 § 53.018 OLD BUILDING SEWERS. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Council, to meet all requirements for this chapter. (2004 Code, § 53.018) (Ord. 781, passed 7-19-1988) § 53.019 STANDARDS. (A) Construction materials and methods. The size, slope, alignment and materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall conform to the requirements of the State Building Code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9, most recent edition,shall apply. (B) Building sewer grade. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by that building drain shall be lifted by an approved means and discharged to the building sewer. (2004 Code, § 53.019) (Ord. 781, passed 7-19-1988) § 53.020 REGULATIONS AND CODES APPLY. (A) The connection of the building sewer into the sanitary sewer shall conform to the requirements of the State Building Code, or other applicable rules and regulations of the city or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9, most recent edition (B) All connections shall be made gas -tight and water -tight. (C) Any deviation from the prescribed procedures and materials must be approved by the Council before installation. (2004 Code, § 53.020) (Ord. 781, passed 7-19-1988) § 53.021 INSPECTIONS. The person making a connection to a public sewer shall notify the Council when the building sewer is ready for inspection and connection with the public sewer. The connection shall be inspected and approved by the Council. (2004 Code, § 53.021) (Ord. 781, passed 7-19-1988) § 53.022 EXCAVATIONS; BARRICADES AND LIGHTS; RESTORATION. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Council. (2004 Code, § 53.022) (Ord. 781, passed 7-19-1988) Penalty, see § 10.99 § 53.023 SEWER LINE; OWNER RESPONSIBILITY. The property owner shall be responsible for the sewer line from the building to the main sewer line. (2004 Code, § 53.023) (Ord. 781, passed 7-19-1988) PUBLIC SEWERS; USE RESTRICTIONS § 53.035 UNPOLLUTED WATERS; DISCHARGE TO SANITARY SEWERS PROHIBITED. It is unlawful for any person to discharge or cause to be discharged any unpolluted waters such as storm water, ground water, roof runoff, subsurface drainage or cooling water to any sanitary sewer. (2004 Code, § 53.035) (Ord. 781, passed 7-19-1988) Penalty, see § 10.99 § 53.036 STORM SEWERS. (A) Storm water and all other unpolluted water shall be discharged to sewers which are specifically designated as storm sewers, or to a natural outlet approved by the Council and other regulatory agencies. (B) (1) Cooling water. Unpolluted industrial cooling water or process water may be discharged, on approval of the Council and approval and the issuance of a discharge permit by the MPCA to a storm sewer or natural outlet. (2) Sump pumps. No water from any roof, surface, ground water sump pump, footing tile, swimming pool or other natural precipitation shall be discharged directly or indirectly into the sanitary sewer system. A permanent installation shall be one that provides for year-round discharge capability to either the outside of the dwelling, building or structure, or is connected to a storm sewer. It shall consist of a rigid discharge line, without valving or quick connections for altering the path of the discharge with a check valve and an air gap. (2004 Code, § 53.036) (Ord. 781, passed 7-19-1988; Ord. 01-291, passed 5-22-2001) Penalty, see § 10.99 § 53.037 PROHIBITED DISCHARGES; NPDES PERMIT. (A) Prohibitions and limitations. Except as hereinafter provided, it is unlawful for any person to discharge or cause to be discharged any of the following described waters or wastes to any public sewer: (1) Any liquids, solids or gases which, by reason of their nature or quantity, are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater disposal system or to the operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides; (2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, that could injure or interfere with any waste treatment or sludge disposal process, constitute a hazard to humans or animals or create a public nuisance in the receiving waters of the wastewater treatment facility. Toxic pollutants shall be as defined in standards issued pursuant to § 307(a) of the Clean Water Act, being 33 U.S.C. § 1317(a); (3) Any waters or wastes having a pH lower than 5.0, or in excess of 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater treatment facilities; (4) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in public sewers or other interference with the proper operation of the wastewater treatment facilities, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers and the like, either whole or ground by garbage grinders; and (5) The following described substances, materials, waters or waste shall be limited in discharges to sanitary sewer systems to concentrations or quantities which will not harm either the sanitary sewers, wastewater treatment process or equipment; will not have an adverse effect on the receiving stream; and will not otherwise endanger lives, limbs or public property, or constitute a nuisance. The Council may set limitations more stringent than those established below if more stringent limitations are necessary to meet the above objectives. The Council will give consideration to the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sanitary sewers, the wastewater treatment facility and other pertinent factors. Wastes or wastewaters discharged to the sanitary sewers shall not exceed the following limitations: (a) Wastewater having a temperature higher than 150OF (650C); (b) Wastewater containing more than 25 mg/I of petroleum oil, non - biodegradable cutting oils or products of mineral oil origin; (c) Wastewater from industrial plants containing floatable oils, fat or grease; (d) Any unground garbage. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers; (e) Any waters or wastes containing iron, chromium, copper, zinc and other toxic and non -conventional pollutants to such a degree that the concentration exceeds levels specified by federal, state and local authorities; (f) Any waters or wastes containing odor producing substances exceeding limits which may be established by the Council or limits established by any federal or state statute, rule or regulation; (g) Any radioactive wastes or isotopes of a half-life or concentration as may exceed limits established by the Council in compliance with applicable state or federal regulations; (h) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to a degree so that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; (i) Any water or wastes which, by interaction with other water or wastes in the sanitary sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes; (j) Materials which exert or cause: 1. Unusual BOD, chemical oxygen demand or chlorine requirements in quantities so as to constitute a significant load on the wastewater treatment facility; 2. Unusual volume of flow or concentration of wastes constituting slugs, as defined herein; 3. Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate); or 4. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). (k) Incompatible pollutants in excess of the allowed limits as determined by local, state and federal laws and regulations in reference to pretreatment standards developed by the Environmental Protection Agency, 40 C.F.R. part 403, as amended from time to time. (B) NPDES permit. It is unlawful for any person to cause or permit a discharge into the sanitary sewers that would cause a violation of the city's NPDES permit and any modifications thereof. (2004 Code, § 53.037) (Ord. 781, passed 7-19-1988) Penalty, see § 10.99 § 53.038 SPECIAL AGREEMENTS. No statement contained in this chapter shall be construed as prohibiting any special agreement between the Council and any person whereby a waste of unusual strength or character may be admitted to the wastewater treatment facilities, either before or after pretreatment; provided that, there is no impairment of the functioning of the wastewater treatment facilities by reason of the admission of those wastes, and no extra costs are incurred by the city without recompense by the person; and, further provided that, all rates and provisions set forth in this chapter are recognized and adhered to. (2004 Code, § 53.038) (Ord. 781, passed 7-19-1988) § 53.039 NEW CONNECTIONS; TREATMENT CAPACITY REQUIREMENT. New connections to the city's sanitary sewer system will be allowed only if there is available capacity in all of the downstream wastewater treatment facilities. (2004 Code, § 53.039) (Ord. 781, passed 7-19-1988) § 53.040 DILUTION NOT A TREATMENT. No user shall increase the use of process water or in any manner attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with § 53.037(A) of this code, or national categorical pretreatment standards. (2004 Code, § 53.040) (Ord. 781, passed 7-19-1988) Penalty, see § 10.99 INDUSTRIAL WASTES; CONTROL § 53.055 DATA SUBMISSION. The Council may require each person who discharges or seeks to discharge industrial wastes to a public sewer to prepare and file with the Council, at times as it determines, a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater treatment facilities. In the case of a new connection, the Council may require that this report be prepared prior to making the connection to the public sewers. (2004 Code, § 53.050) (Ord. 781, passed 7-19-1988) § 53.056 INDUSTRIAL DISCHARGES; COUNCIL AUTHORITY. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in §§ 53.035 through 53.040 of this chapter and which, in the judgment of the Council, have a deleterious effect upon the wastewater treatment facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the Council may: (A) Reject the waste; (B) Require pretreatment to an acceptable condition for discharge to the public sewers, pursuant to § 307(b) of the Act, being 33 U.S.C. § 1317(b), and all addendums thereof; (C) Require control over the quantities and rates of discharge; and (D) Require payment to cover the added cost of handling and treating the waste not covered by existing taxes or sewer charges under the provisions of this chapter. (2004 Code, § 53.051) (Ord. 781, passed 7-19-1988) § 53.057 CONTROL MANHOLES. (A) Each person discharging industrial wastes into a public sewer shall, at the discretion of the Council, construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of wastes, including sanitary sewage. (B) (1) Control manholes or access facilities shall be located and built in a manner acceptable to the Council. If measuring and sampling devices are to be permanently installed, they shall be of a type acceptable to the Council. (2) Control manholes, access facilities and related equipment shall be installed by the person discharging the waste, at his or her expense, and shall be maintained by him or her so as to be in safe condition, accessible and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the Council prior to the beginning of construction. (2004 Code, § 53.052) (Ord. 781, passed 7-19-1988) Penalty, see § 10.99 § 53.058 FLOW MEASUREMENT; WATER AND WASTE METERS. (A) Measurement of flow. The volume of flow used for computing sewer service charges shall be the metered water consumption of the property owner as shown in the records of meter readings maintained by the Water Department or utility, except as noted in division (B) below. (B) Metering of waste. Devices for measuring the volume of waste discharged may be required by the Council if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned and maintained by the person discharging the wastewater. Following approval and installation, these meters may not be removed without the consent of the Council. (2004 Code, § 53.053) (Ord. 781, passed 7-19-1988) § 53.059 WASTE SAMPLING. (A) Industrial waste discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of the wastes. The determination shall be made by the industry as often as may be deemed necessary by the Council. (B) Samples shall be collected in a manner so as to be representative of the composition of the waste. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the Council. (C) Installation, operation and maintenance of the sampling facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the Council. Access to sampling locations shall be granted to the Council or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken. (2004 Code, § 53.054) (Ord. 781, passed 7-19-1988) § 53.060 PRETREATMENT. Persons discharging industrial waste into any public sewer may be required to pretreat those wastes, if the Council determines pretreatment is necessary to protect the wastewater treatment facilities or prevent the discharge of incompatible pollutants. In that event, the person shall provide, at his or her expense, those pretreatment or processing facilities as may be determined necessary to render wastes acceptable for admission to the sanitary sewers. (2004 Code, § 53.055) (Ord. 781, passed 7-19-1988) § 53.061 GREASE, OIL AND SAND INTERCEPTORS. Grease, oil and sand interceptors shall be provided when, in the opinion of the Council, they are necessary to the proper handling of liquid wastes containing floatable grease in amounts in excess of those specified in this chapter, or any flammable wastes, sand or other harmful ingredients; except that, these interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Council, and shall be located to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Council. Disposal of the collected materials performed by owner's personnel or currently licensed waste disposal firms must be in accordance with currently acceptable State Pollution Control Agency (MPCA) rules and regulations. (2004 Code, § 53.056) (Ord. 781, passed 7-19-1988) Penalty, see § 10.99 § 53.062 ANALYSIS. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods and with the federal regulations of 40 C.F.R. part 136, "Guidelines Establishing Test Procedures for Analysis of Pollutants", as amended from time to time. Sampling methods, location, time, durations and frequencies are to be determined on an individual basis subject to approval by the Council. Determination of the character and concentration of the industrial waste shall be made by the person discharging them, or the person's agent, as designated and required by the Council. The Council may also make its own analyses on the waste, and these determinations shall be binding as a basis for sewer service charges. (2004 Code, § 53.057) (Ord. 781, passed 7-19-1988) § 53.063 TREATMENT FACILITIES; APPROVAL REQUIRED. (A) Plans, specifications and any other pertinent information relating to proposed flow equalization, pretreatment or grease and sand interceptor facilities shall be submitted for review and approval of the Council prior to the start of their construction if the effluent from the facilities is to be discharged into the public sewers. (B) No construction of these facilities shall commence until approval has been granted. (2004 Code, § 53.058) (Ord. 781, passed 7-19-1988) Penalty, see § 10.99 INDUSTRIAL WASTEWATER; PRETREATMENT § 53.075 PURPOSE AND POLICY; APPLICATION. (A) This subchapter sets forth uniform requirements for discharges to the city's wastewater treatment system and enables the city to comply with applicable state and federal laws. The objectives of this subchapter are: (1) To prevent the introduction of pollutants into the wastewater treatment system which will interfere with the operation of the system, including the use or disposal of the sludge; (2) To prevent the introduction of pollutants into the wastewater treatment system which will pass through the system inadequately treated into receiving waters or otherwise be incompatible with the system; and (3) To improve the opportunities to recycle and reclaim wastewaters and sludges. (13) This subchapter provides for the regulation of discharges into the city's wastewater treatment system through the issuance of permits to certain users and through enforcement of the general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (C) This subchapter shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the city's wastewater treatment system. Except as otherwise provided herein, the City Engineer shall implement, administer and enforce the provisions of this subchapter. (2004 Code, § 53.070) (Ord. 727, passed 12-12-1985) § 53.076 DEFINITIONS. (A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq. BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C expressed in terms of weight and concentration (milligrams per liter (mg/1)). CITY ENGINEER. The City Engineer of the city, authorized agent, or third -party service, on behalf of the city designated by the City Council to administer this chapter. DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city, authorized agent, or third -party service, on behalf of the city designated by the City Council to administer this chapter. GENERAL PRETREATMENT REGULATIONS. The general pretreatment regulations for existing and new sources of pollution promulgated by the EPA under § 307(b) and (c) of the Act, being 33 U.S.C. § 1317(b) and (c) and found at 40 C.F.R. part 403. INDUSTRIAL USER. A person who discharges to the wastewater treatment system liquid wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, or from the development of any natural resource. INTERFERENCE. A discharge by an industrial user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the wastewater collection and treatment facilities, its treatment processes or operations, or its sludge processes, use or disposal and which is a cause of a violation of any requirement of the city's NPDES permit (including an increase in the magnitude or duration of a violation) or state disposal system permit, or of the prevention of sewage sludge use or disposal by the city in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): § 405 of the Clean Water Act, being 33 U.S.C. §1345, the Solid Waste Disposal Act, being 42 U.S.C. §§ 6901 et seq. (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, being 42 U.S.C. §§ 7401 et seq., the Toxic Substance Control Act, being 15 U.S.C. §§ 2601 et seq., and the Marine Protection Research and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq. MINNESOTA PRETREATMENT RULES. Minn. Rules Ch. 7049 that implement the general pretreatment regulations, federal categorical pretreatment standards and the authorities of M.S. § 115.03, Subd. 1, par. (e), clause (2). This definition may also be used in the singular as MINNESOTA PRETREATMENT RULE. NATIONAL CATEGORICAL PRETREATMENT STANDARDS. National pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the wastewater treatment system by specific industrial users. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT. Any permit or requirements issued by the State Pollution Control Agency (MPCA) pursuant to the Federal Water Pollution Control Act, as amended, for the purpose of regulating the discharge of wastewater, industrial wastes or other wastes under the authority of § 402 of the Act, being 33 U.S.C. § 1342. NON -CONTACT COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added to the water is heat. PERSON. Any individual, partnership, association, corporation, public agency and any other organization or group of individuals, public or private. pH. The logarithm (base ten) of the reciprocal of the concentration of hydrogen ions in moles per liter. PRETREATMENT. (a) The process of equalizing or reducing the amount of pollutants, eliminating pollutants or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into the wastewater treatment system. (b) The reduction, elimination or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by § 53.078(D) of this code. PUBLICALLY OWNED TREATMENT WORKS (POTW). A treatment works as defined in M.S. § 115.01, Subd. 21, that is owned by a state or municipality as defined by § 502(4) of the Clean Water Act, 33 U.S.C. § 1362(4) and M.S. § 115.41, as it may be amended from time to time. This term includes POTW PLANT and POTW AUTHORITY. SIGNIFICANT INDUSTRIAL USER. Any industrial user of the wastewater treatment system which: (a) Has a discharge flow of 25,000 gallons or more per average day; (b) Has a flow greater than 5% of the flow in the wastewater treatment system, (c) Has in its wastes toxic pollutants as defined pursuant to § 307 of the Act, being 33 U.S.C. § 1317, or Minnesota Statutes and Minn. Rules; or (d) Is designated as such by the POTW on the basis that the industry user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement [in accordance with 40 CFR Part 403.8(f)(g)] (e) Is subject to categorical pretreatment standards under 40 CFR Part 403.6 and 40 CFR chapter I, subchapter N, except those designated as Non Significant. SLUG. Any waste discharge into the wastewater treatment system which, in concentration of any given constituent, except pH, or in quantity of flow, exceeds four times the average concentration or flow rate for a normal operating day. STATE DISPOSAL SYSTEM PERMIT. Any permit, including any terms, conditions and requirements thereof, issued by the MPCA pursuant to M.S. § 115.07, as it may be amended from time to time, for a treatment system as defined by M.S. § 115.01(8), as it may be amended from time to time. STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom. SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by a standard glass fiber filter. USER. Any person who discharges, causes or permits the discharge of wastewater into the wastewater treatment system. WASTEWATER. The liquid and water -carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any ground water, surface water and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the wastewater treatment system. WASTEWATER DISCHARGE PERMIT or PERMIT. A permit issued by the city to an industrial user to use the city's wastewater treatment system, as established in § 53.081 of this code. WASTEWATER TREATMENT SYSTEM or SYSTEM. Any devices, facilities, structures, equipment or works owned or used by the city for the purpose of transmission, storage or treatment of industrial and domestic wastewater, including intercepting sewers, outfall sewers, wastewater collection system, pumping, power and other equipment, and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; and any works, including land, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from that treatment. WATERS OF THE STATE. All streams, lakes, ponds, marshes, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof. (B) Terms not otherwise defined herein shall be as given in M.S. Ch. 115 and 116, as they may be amended from time to time. (2004 Code, § 53.071) (Ord. 727, passed 12-12-1985; Ord. 14-0722, passed 3-11- 2014) § 53.077 DISCHARGE PROHIBITIONS. (A) It is unlawful for any person to discharge or cause to be discharged, directly or indirectly, any of the following substances described into the wastewater treatment system or to any public sewer- (1) Any combustible, flammable or explosive liquids, solids or gases which by their nature or quantity will or are likely to cause, either alone or by interaction with other substances, a fire or explosion or be injurious to the wastewater treatment system or to its operation. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system or at any point in the system, be more than 5%, nor shall there be any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, fuel oil, benzene, toluene, xylene, ethers, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates and hydrides; (2) Any solids or viscous substances which will or are likely to cause obstruction to the flow in a sewer or interference with the operation of the wastewater treatment system. These include, but are not limited to, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, gas tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes, (3) Any wastewater having a pH less than 5.0 or more than 10.0, or having a corrosive property that will or is likely to cause damage or hazard to structures, equipment and personnel of the wastewater treatment system, (4) Any wastewater containing toxic or poisonous pollutants in sufficient quantity, either singly or by interaction with other pollutants, to inhibit or disrupt any wastewater treatment process, constitute a hazard to humans or animals or create a toxic effect in the receiving waters of the wastewater treatment system. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to § 307(a) of the Act, being 33 U.S.C. § 1317(a), (5) Any noxious or malodorous liquids, gases or solids, which, either singly or by interaction with other wastes, will or are likely to create a public nuisance or hazard to life or prevent entry into a sewer for its monitoring, maintenance and repair; (6) Any wastewater with objectionable color not removed in the treatment process, including, but not limited to, dye wastes, vegetable tanning solutions and printing inks, (7) Heat in amounts which will or are likely to inhibit biological activity in the wastewater treatment system resulting in interference or damage to the system, but in no case heat in quantities so that the industrial wastewater temperature is greater than 150°F (65.6°C) at its point of discharge to the system, or heat causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 1040F (400C); (8) Any slug load discharged in a volume or strength so as to cause interference to the wastewater treatment system; (9) Any unpolluted water, including non -contact cooling water, rainwater, storm water or ground water, unless there is no prudent and feasible alternative; (10) Any wastewater containing fat, wax, grease or oils, whether emulsified or not, in excess of 150 mg/I which may solidify or become viscous at temperatures between 32°F and 150°F (0°C and 65.6°C); and any wastewater containing oil and grease concentrations of mineral origin of greater than 100 mg/I, whether or not emulsified; (11) Any wastewater containing inert suspended solids (including Fuller's earth, lime slurries and lime residues) or dissolved solids (including sodium chloride and sodium sulfate) in quantities that will or are likely to cause interference with the wastewater treatment system; or (12) Any wastewater containing any radioactive waste or isotopes of a half-life or concentration so that they are in non-compliance with standards issued by the appropriate authority having control over their use and which will or are likely to cause damage or hazards to the wastewater treatment system or personnel operating it. (B) In addition to these prohibitions, it is unlawful for any person to discharge to any public sewer any discharge which causes interference, as defined, with the wastewater treatment system. Pollutants in the effluent from an industrial user shall not be considered to cause interference where the industrial user is in compliance with specific prohibitions or standards developed by federal, state or local governments. Where the industrial user is in compliance with these specific prohibitions or standards, and pollutants in the effluent from the industrial user's facility nevertheless are deemed to have caused or significantly contributed to a violation of any requirements of the city's NPDES or state disposal system permit, and are likely to cause such a violation in the future, the city may take appropriate action to develop and enforce specific effluent limits for that industrial user to ensure renewed and continued compliance with the city's NPDES or state disposal system permit. (2004 Code, § 53.072) (Ord. 727, passed 12-12-1985; Ord. 14-0722, passed 3-11- 2014) Penalty, see § 10.99 § 53.078 LIMITATIONS ON WASTEWATER STRENGTH. (A) National categorical pretreatment standards. National categorical pretreatment standards promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act shall be met by all users who are subject to those standards in any instance where they are more stringent than the limitations in this subchapter unless the City Engineer has applied for and obtained from the MPCA approval to modify the specific limits in the national categorical pretreatment standards. When requested, an application for modification of the national categorical pretreatment standards will be considered for submittal by the City Engineer when the wastewater treatment system achieves consistent removal of the pollutants. Consistent removal shall be defined as in 40 C.F.R. part 403, "General Pretreatment Regulations for Existing and New Sources". Conditional revisions of national categorical pretreatment standards may be made by the city in accordance with 40 C.F.R. part 403, "General Pretreatment Regulations for Existing and New Sources" if requested by an industry in accordance with requirements of 40 C. F. R. part 403. (B) State requirements. State requirements and limitations on discharge shall be met by all users who are subject to those standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable provision of this code of ordinances. (C) City's right of revision. The city reserves the right to establish by ordinance more stringent limitations or requirements on discharge to the wastewater treatment system if deemed necessary to comply with the objectives presented in this subchapter. (D) Dilution. It is unlawful for any person to increase the use of potable or process water or in any way attempt to dilute a discharge as a partial or complete substitution for adequate treatment to achieve compliance with the limitations set forth in this subchapter or applicable pretreatment standards. (E) Supplementary limitations. (1) It is unlawful for any person to discharge wastewater containing the following substances in excess of the amounts contained in their wastewater discharge permit. (2) Once limits are appropriated for individual industries, those industries' rights to discharge up to those limits shall not be reduced by permit limits issued later to new industries. Reduction of limits may be necessary to achieve the objectives stated in this subchapter. (2004 Code, § 53.073) (Ord. 727, passed 12-12-1985; Ord. 14-0722, passed 3-11- 2014) Penalty, see § 10.99 § 53.079 ACCIDENTAL DISCHARGES; NOTIFICATION. (A) Each user shall provide protection from accidental discharges of prohibited materials or other substances regulated by this subchapter. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's cost and expense. (B) Users shall notify the City Engineer immediately upon having a slug or accidental discharge of substances or wastewater in violation of this subchapter in order to enable countermeasures to be taken by the City Engineer to minimize damage to the wastewater treatment system and the receiving waters. The notification shall include location of discharge, date and time thereof, description of accidentally discharged waste including an estimate of concentration and volume, and corrective actions. These notifications will not relieve users of liability for any expense, loss or damage to the wastewater treatment system or treatment process, or for any fines imposed on the city on account thereof under any state or federal law. The city may choose to take no further action or to take action in accordance with §§ 53.089(A), 53.090 and 53.091. (C) A notice shall be permanently posted in a prominent place on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall ensure that all employees who may cause or discover such a discharge are advised of the emergency notification procedure. (2004 Code, § 53.074) (Ord. 727, passed 12-12-1985) § 53.080 CHARGES AND FEES; PURPOSE. (A) Fees, purpose. It is the purpose of this subchapter to provide for the recovery of costs from users of the wastewater treatment system for the implementation and administration of the program established herein. The applicable charges or fees shall be set forth in the city's schedule of charges and fees, to be prepared from time to time by the City Engineer and approved by the Council. (B) Charges and fees. The Council shall adopt charges and fees which may include: (1) Fees for monitoring, inspections and surveillance procedures; (2) Fees for permit applications; (3) Appeal fees; and (4) Other fees as the City Engineer may deem necessary to carry out the requirements contained herein. (2004 Code, § 53.075) (Ord. 727, passed 12-12-1985) § 53.081 WASTEWATER DISCHARGE PERMITS. (A) Mandatory permits. All industries proposing to connector to commence anew discharge to the wastewater treatment system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater treatment system if the discharge would result in the industry being classified as a significant industrial user. All existing significant industrial users or industrial users subject to national categorical pretreatment standards under § 307(b) and (c) of the Act, being 33 U.S.C. § 1317(b) and (c), connected to or discharging into the wastewater treatment system shall obtain a wastewater discharge permit within 180 days after the effective date of this subchapter. (B) Permit applications. (1) Users required to obtain a wastewater discharge permit shall complete and file with the City Engineer a permit application in the form as required. Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of this subchapter, and proposed new users shall apply at least 90 days prior to connecting or discharging to the wastewater treatment system. (2) The City Engineer will evaluate the data furnished by the user and may require additional information. A wastewater discharge permit shall not be issued until an application is complete. After evaluation and acceptance of the data furnished, the City Engineer shall issue a wastewater discharge permit subject to terms and conditions provided herein. (C) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following: (1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the wastewater treatment system; (2) Limits on the average and maximum wastewater constituents and characteristics, in terms of concentration, mass limitations or other appropriate units; (3) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization; (4) Requirements for installation, maintenance and operation of sampling and monitoring facilities; (5) Requirements for installation, operation and maintenance of pretreatment facilities; (6) Specifications for self -monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule; (7) Compliance schedules; (8) Requirements for submission of technical reports or discharge reports; (9) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City Engineer, but in no case less than three years, and affording the City Engineer access thereto; (10) Requirements for notification to and acceptance by the City Engineer for any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system if they may have a significant impact on the sewer collection or treatment systems; (11) Requirements for notification of slug or accidental discharges as provided in § 53.079 of this code, and reporting of permit violations; (12) Requirements for disposal of sludges, floats, skimmings and the like; and (13) Other conditions deemed appropriate by the city to ensure compliance with this subchapter. (D) Permit duration and renewal. (1) Permits shall be issued for a specified time period, not to exceed five years. The user shall apply for permit renewal a minimum of 90 days prior to the expiration of the user's existing permit by filing with the City Engineer a renewal application in the form as required. (2) The terms and conditions of the permit may be subject to modification by the City Engineer during the term of the permit as limitations or requirements as identified in this subchapter are modified or other just cause exists. The City Engineer, upon a determination that the permittee has been in compliance with the expiring permit and is capable of complying with the renewed permit, shall renew a wastewater discharge permit upon the terms and conditions specified for an additional time period, not to exceed five years. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule agreeable to the permittee and the City Engineer for compliance. (E) Permit modifications. (1) A wastewater discharge permit may be modified, in whole or in part, by the City Engineer during its term for the following causes: (a) Amendment of this subchapter where permit provisions are affected; (b) A change in the city's wastewater treatment system which results in the permittee's discharge having a significantly different and negative impact on the system; (c) A change in the permittee's wastewater volume or characteristics which will or is likely to have, either singly or by interaction with other wastes, a negative impact on the wastewater treatment system; or (d) Promulgation of a national categorical pretreatment standard. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to that standard shall be revised to require compliance with the standard within the time frame prescribed by that standard. All users, whether or not they have an existing wastewater discharge permit, shall apply for a new permit as required by this section within 150 days after the promulgation of the applicable national categorical pretreatment standard. (2) Any modifications in the wastewater discharge permit shall specify a reasonable time schedule for compliance. (F) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the City Engineer. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. (2004 Code, § 53.076) (Ord. 727, passed 12-12-1985) § 53.082 SELF -MONITORING REPORTS; MONITORING FACILITIES. (A) Self -monitoring reports. (1) A condition of the wastewater discharge permit shall include the completion and submittal of accurate routine self -monitoring reports to the City Engineer in the form as required. The nature and frequency of routine reporting shall be based upon the information provided in the permit application form. The City Engineer may modify the reporting frequency for a particular permittee based on the permittee's industrial waste characteristics. Permittees subject to national categorical pretreatment standards shall submit reports to the City Engineer in accordance with the applicable national categorical pretreatment standards. These reports shall be submitted to the City Engineer twice per calendar year d61FiRg tho FHG)RthG of j6ily and aR aFy, unless required more frequently in the pretreatment standard or by the City Engineer. The report shall indicate the nature and concentration of pollutants in the effluent which are limited by pretreatment standards and include a record of all daily flows which during the reporting period exceeded the average daily flow. (2) Wastewater discharge records of a permittee shall be kept by the permittee for a period of not less than three years. The permittee shall provide the City Engineer reasonable access to these records during normal business hours. A permittee subject to an applicable national categorical pretreatment standard shall maintain all records required by 40 C.F.R. part 403, "General Pretreatment Regulations". (B) Monitoring facilities. (1) Each permittee that is required to do so by the City Engineer, shall provide and operate, at the permittee's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and internal drainage systems at the city's request. Whenever possible, existing manholes, cleanouts and water meters will be used to meet these requirements. The monitoring facility should normally be situated on the user's premises, but the City Engineer may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or right-of-way and located so that it will not be obstructed by landscaping or parked vehicles. (2) There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and compositing of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. (3) Whether constructed on a public or private property, the sampling and monitoring facilities shall be provided in accordance with the City Engineer's requirements and all applicable local construction standards and specifications. If suitable monitoring sites are not in existence, construction shall be completed within 90 days following written notification by the City Engineer, unless a time extension is otherwise granted by the City Engineer. (2004 Code, § 53.077) (Ord. 727, passed 12-12-1985) § 53.083 INSPECTION, SAMPLING AND ANALYSIS. (A) The City Engineer shall have the right to inspect the facilities of any user to ascertain whether the purpose of this subchapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City Engineer ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling or records examination, or in the performance of any of their duties. The City Engineer, MPCA and EPA shall have the right to set up on the user's property those devices as necessary to conduct sampling, inspection, compliance monitoring or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements with any security guards so that, upon presentation of suitable identification, the City Engineer, MPCA and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (B) Representative samples of a user's industrial wastewater shall be collected on normal operating days and in accordance with guidelines as established from time to time. Industrial users subject to general pretreatment regulations shall sample in accordance with the general pretreatment regulations. Self -monitoring facilities for industrial users who are not subject to the general pretreatment regulations shall be at a location before wastewater is mixed with other discharges or at a point where waste can be adequately monitored. (C) Test procedures for the analysis of pollutants for permit applications and routine self -monitoring shall conform to the guidelines established in 40 C.F.R. part 136 and 40 C.F.R. part 403, "General Pretreatment Regulations". (2004 Code, § 53.078) (Ord. 727, passed 12-12-1985) § 53.084 PRETREATMENT. (A) Users shall provide necessary wastewater treatment before discharging, directly or indirectly, into the wastewater treatment system as required to comply with this subchapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. (B) Any facilities required to pretreat wastewater shall be provided, operated and maintained at the user's expense. (C) All records relating to compliance with pretreatment standards shall be made available by the City Engineer to officials of the EPA or MPCA upon request. (2004 Code, § 53.079) (Ord. 727, passed 12-12-1985) § 53.085 CONFIDENTIALITY. (A) Information and data on a user obtained from applications, permits, monitoring programs and inspections shall be available to the public or other government agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City Engineer that the release of this information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. (B) When requested by the person furnishing a report, and until that time as the information is determined not to be confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this subchapter, the NPDES permit, state disposal system permit or the pretreatment programs; provided, however, that, those portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City Engineer as confidential shall not be transmitted to any governmental agency by the City Engineer until and unless a ten-day notification is given to the user by registered mail. (2004 Code, § 53.080) (Ord. 727, passed 12-12-1985) § 53.086 SLUDGES GENERATED; DISPOSAL. Sludges, floats, skimmings and the like generated by a pretreatment facility shall not be disposed, directly or indirectly, into the wastewater treatment system. These sludges shall be contained, transported and disposed of in accordance with all federal, state and local regulations. (2004 Code, § 53.081) (Ord. 727, passed 12-12-1985) Penalty, see § 10.99 § 53.087 FINAL COMPLIANCE DATE; REPORTING REQUIREMENTS. (A) Within 90 days following the date for final compliance with applicable pretreatment standards or in the case of the commencement of a new discharge to the wastewater discharge system, any user subject to pretreatment standards and requirements shall submit to the City Engineer a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user's facility which are limited by those pretreatment standards or requirements. (B) The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by the user and certified by a qualified professional. (2004 Code, § 53.082) (Ord. 727, passed 12-12-1985) § 53.088 EMERGENCY SUSPENSION OF SERVICE AND PERMIT. (A) The City Engineer may suspend the wastewater treatment service of a user and a wastewater discharge permit (after informal notice to the discharger) when suspension is necessary, in the opinion of the City Engineer, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment or to the wastewater treatment system or would cause the city to violate any condition of its NPDES or state disposal system permit. The City Engineer shall follow up with a formal notice to a designated representative of the user within an hour after the informal notice is given to the user. (B) (1) Any user notified of a suspension of the wastewater treatment service or the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the City Engineer shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment system or endangerment to any individuals. The city may also take action in accordance with § 53.091 of this chapter. (2) The City Engineer shall reinstate the wastewater discharge permit and the wastewater treatment service upon proof of the elimination of the non -complying discharge or conditions creating the threat of imminent or substantial danger as set forth above. (3) A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the City Engineer within 15 days of the date of occurrence. (2004 Code, § 53.083) (Ord. 727, passed 12-12-1985) § 53.089 NOTIFICATION OF VIOLATION; CORRECTION; PERMIT REVOCATION. (A) Notification of violation. Whenever the City Engineer finds that any user has violated or is violating this subchapter, the wastewater discharge permit, or any prohibition, limitation or requirement contained herein, the City Engineer may serve upon that user a written notice stating the nature of the violation. Within 30 days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the city by the user. If the plan is satisfactory to the City Engineer and the user complies with the plan, the City Engineer may or may not take further action against the user. If the plan is not satisfactory to the City Engineer, the city may take action in accordance with § 53.090 of this chapter. If the user does not comply with the plan, the city may take action in accordance with § 53.091 of this chapter. (B) Permit revocation. In accordance with the procedures of this subchapter, the City Engineer may revoke the permit of any user who fails to factually report the wastewater constituents and characteristics of its discharge; who misrepresents or fails to disclose fully all relevant facts when obtaining a wastewater discharge permit; who fails to report significant changes in wastewater constituents or characteristics; who refuses reasonable access to the user's premises for the purpose of inspection or monitoring; or who violates conditions of its permit, this subchapter or applicable state and federal regulations. (2004 Code, § 53.084) (Ord. 727, passed 12-12-1985) § 53.090 HEARING. (A) Notice of hearing. If the violation is not corrected by timely compliance, the City Engineer may order any user who causes or allows an unauthorized discharge to show cause before the Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Council regarding the violation, the reason why the action is to be taken and the proposed enforcement action, and directing the user to show cause before the Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation. (B) Hearing officials. The Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee to: (1) Issue, in the name of the Council, notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in the hearings, (2) Take the evidence; and (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Council for action thereon. (C) Transcripts. At any hearing held pursuant to this subchapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore. (D) Issuance of orders. (1) After the Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. The orders may also revoke the user's wastewater discharge permit if this subchapter or wastewater discharge permit are violated. (2) If the user violates an order, the city may take action in accordance with § 53.091 of this chapter. (2004 Code, § 53.085) (Ord. 727, passed 12-12-1985) § 53.091 LEGAL ACTION. If any person discharges wastewater, industrial wastes or other wastes into the wastewater treatment system contrary to the provisions of this subchapter, federal or state pretreatment requirements or any order of the city, the City Attorney may, following the authorization of that action by the Council, commence an action for appropriate legal and equitable relief. (2004 Code, § 53.086) (Ord. 727, passed 12-12-1985) § 53.092 PUBLICATION OF VIOLATORS. (A) A list of the users who were significantly violating applicable pretreatment requirements or national categorical pretreatment standards during the 12 previous months shall be annually published by the city in a local newspaper. The notification shall also summarize any enforcement actions taken against the user during the same 12 months. (B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. SIGNIFICANT VIOLATIONS. Violations which remain uncorrected 45 days after notification of non-compliance, which are a part of a pattern of non-compliance over a 12-month period or which involve a failure to accurately report non-compliance. (C) Users will be notified by letter prior to publication of a list if they are included on the list and will be given one week to respond to the City Engineer regarding the appropriateness of their inclusion. (2004 Code, § 53.087) (Ord. 727, passed 12-12-1985) § 53.093 APPEAL. (A) Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this subchapter and shall be entitled to a written reply from the city. (B) Any decision of the City Engineer in the enforcement of this subchapter may be appealed to the Council by filing a written petition with the City Administrator within 30 days of the City Engineer's ruling. The petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. The petition shall show the names, addresses and telephone numbers of all objectors and their attorney at law or spokesperson. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the City Engineer shall file within 72 hours after the filing of a petition a certificate stating that a stay would cause peril to life or property or specifying other good reasons. The Council shall fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of the hearing to parties named in the petition as attorney or spokesperson. The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition, after which the City Engineer may present evidence in support of his or her decision. (C) The Council shall decide the appeal within a reasonable time and notify the attorney or spokesperson. The minutes of the Council shall constitute the official record of the petition, hearing and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense. (2004 Code, § 53.088) (Ord. 727, passed 12-12-1985) § 53.094 COSTS OF DAMAGE. Following discussions between the city and users and a thorough review of the problem, and a final decision as to the cause, any user violating any of the provisions of this subchapter, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the city's wastewater treatment system, shall become liable to the city for any expense, loss or damage caused by that violation or discharge. The City Administrator may add to the user's charges and fees the costs assessed for any cleaning, repair or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this subchapter. (2004 Code, § 53.089) (Ord. 727, passed 12-12-1985) Penalty, see § 10.99 § 53.095 FALSIFYING INFORMATION UNLAWFUL. It is unlawful for any person to knowingly make any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this subchapter or the wastewater discharge permit, or to falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this subchapter. (2004 Code, § 53.090) (Ord. 727, passed 12-12-1985) Penalty, see § 10.99 RATES AND CHARGES § 53.110 SEWER USE MEASUREMENT; WATER METERS; PRIVATE WATER SOURCES. (A) Sewer users served by water utility water meters. There is hereby levied and assessed upon each lot, parcel of land, building or premises having a connection with the wastewater collection system and being served with water solely by the water utility, a sewer service charge based, in part, on the quantity of water used, as measured by the water utility water meter used upon the premises. (B) Sewer users served by private wells. If any person discharging wastewater into the public sanitary sewers procures any part or all of his or her water from sources other than the water utility, all or part of which is discharged into the sanitary sewers, the property shall have water meters installed by the city at the property owner's expense for the purpose of determining the volume of water obtained from these sources. Where sewer meters are already installed, new water meters will not be required. The water meters shall be furnished by the city and installed under its supervision, all costs being at the expense of the person requiring the meter. The city will charge for each meter a rental charge set by the city to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed at the time the sewer service charge is billed. (2004 Code, § 53.100) (Ord. 781, passed 7-19-1988) § 53.111 DEDUCT METERS. If a sanitary sewer customer feels that a significant amount of metered water will not or does not reach the sanitary sewer, a customer may select one of the following options. (A) The customer may request to have a deduct meter installed, as necessary to calculate the volume of water not discharged to the sanitary sewer. In the case of significant industrial users or other commercial, industrial or institutional customers, they may request to measure the actual amount of sewage discharged to the sanitary sewer using other mutually acceptable means. (1) Requests for a deduct meter or other means of measuring sewage metered services must be made in writing. In the event the city agrees to the installation, the customer shall make provisions for installation of the deduct meter or other mutually acceptable measuring devices at their own cost and shall be charged for all costs related thereto incurred by the city. (2) No provisions shall be made, nor shall any means be taken, to route any water into the customer's domestic water system after having flowed through a deduct meter or having been measured in any other way. (3) In addition to the remedies set forth in § 53.151 of this chapter, any violation of this chapter will result in nullification of the deduct readings and removal of the deduct meter or other measuring device. (B) In the event it is physically impractical or impossible to install metering equipment, the customer may request the Council to take means it deems necessary to formulate an estimate of the amount of water not being discharged into the sanitary sewerage system or, conversely, the amount of actual sewage discharged thereto and all related charges, credits or other provisions shall be identified in a separate agreement with the customer. (C) Water that flows through deduct meters and does not reach the sewer system shall be charged as described in the rates identified within the city's fee schedule or be identified in a separate agreement with the customer. (2004 Code, § 53.101) (Ord. 781, passed 7-19-1988; Ord. 22-836, passed 1-10-2023) § 53.112 TREATMENT WORKS; OPERATION, MAINTENANCE AND REPLACEMENT COSTS. Each user shall pay its proportionate share of operation, maintenance and replacement costs of the treatment works, based on the user's proportionate contribution to the total wastewater loading from all users. (2004 Code, § 53.102) (Ord. 781, passed 7-19-1988) § 53.113 SERVICE CHARGES; USER CATEGORIES. (A) Sewer service charge unit costs. For purposes of determining proportionate user charges, a comprehensive sewer characteristic study shall be commissioned from time to time to determine the composition and characterization of Category A and Category B wastewater. Unit costs for treatment of flow, BOD, suspended solids (TSS), phosphorus (P), and nitrogen (TKN) shall be determined and published annually in the fee schedule.ffixe annuallyOTrthl8G v-9 nhaFge system ann9ri-liRg t„ tho Pivc i 1R_QS avrrt;_;i.A in 0ppenrJ )FE efrte�l\ arnh 1988 report entitled, "Sewer Sercrvi - � vi-ai-arrrrv�rcPvrrcrrcrcr , GhaFge System f9r \A/.moo o�ei.�tor Tr t Finaroili v^rrcrr Jc-vy� cc�i--ivr�vcr.��carcrccrrre�t� e♦-�t�tFtie•s" f9F th8 (B) Category A sewer service charge. Calculation of Category A sewer service charges shall be determined and fixed annually in the sewer service charge published annually in the fee schedule. systern aGGGF JiRg t„ tho nrnnor 61R_Qs nnntailped in ppeniliv LF Af tip ;;hAypTPfPrPPrPd nn�.98to study y rop�rt (C) Category 8 sewer service charge. (1) The Category B sewer service charge shall be computed in accordance with the formula presented below: T = FQ + (V x Cv) + .00834 V (BOD x CBOD + TSS x CTSS + TKN x CTKN + TP x CTP) where: T = total sewer service charge; FQ = fixed quarterly charge; BOD = concentration of BOD in mg/I in the wastewater above 130 mg/I; TSS = concentration of suspended solids in mg/I in the wastewater above 220 mg/I; TKN = concentration of nitrogen in mg/I in the wastewater above 45 mg/I, TP = concentration of total phosphorus in mg/I in the wastewater above 4.5 mg/I; V = wastewater volume in 1,000 gallons; Cv = Category A volume charge cost per 1,000 gallons; CBOD = cost per pound of BOD; CTSS = cost per pound of suspended solids; CTKN = cost per pound of nitrogen; CTP = cost per pound of phosphorus; and 0.00834 = conversion factor. (2) The above formula shall not be construed to give credits for a waste strength less than domestic concentrations for BOD, suspended solids or nitrogen. (3) Th8 nhaFge feF 901) in Mgr l in wastewateF aheye 200 mgr ! baE;8 d An fho err c�—cmvvcz�T,�crsccrvrrcrr�. . (D) Reassignment of sewer users. The Council will reassign sewer users into appropriate sewer service charge categories if wastewater sampling programs or other related information indicate a change of categories is necessary. (2004 Code, § 53.103) (Ord. 781, passed 7-19-1988; Ord. 05-400, passed 4-12-2005) § 53.114 DISPOSITION OF OPERATION, MAINTENANCE AND REPLACEMENT FUNDS. All sewer service charge revenues collected for replacement costs shall be deposited in a separate and distinct fund to be used solely for replacement costs as defined in § 53.001 of this chapter. All sewer service charge revenues collected for other operation and maintenance expenses shall also be deposited in a separate and distinct fund. All revenues for the replacement fund and for operation and maintenance of the wastewater treatment facilities shall be used solely for the replacement fund and operation and maintenance of the wastewater treatment facilities. (2004 Code, § 53.104) (Ord. 781, passed 7-19-1988) § 53.115 SEPTIC TANK SLUDGE AND HOLDING TANK SEWAGE; DISPOSAL PERMIT; FEES; LIABILITY. (A) No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer this material into any disposal area or public sewer unless a permit for disposal has been first obtained from the Council. Written application for this permit shall be made to the Council and shall state the name and address of the applicant, the number of its disposal units and the make, model and license number of each unit. Permits shall be non -transferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of the annual permit fee. The time and place of disposal will be designated by the Council. The Council may impose conditions as it deems necessary on any permit granted. (B) (1) Any person or party disposing of septic tank sludge or holding tank sewage agrees to carry public liability insurance in an amount not less than specified in their permit to operate, to protect any and all persons or property from injury or damage caused in any way or manner by an act, or the failure to act, by any of the person's employees. The person shall furnish a certificate certifying this insurance to be in full force and effect. (2) All materials in the septic tank sludge or holding tank sewage disposed of into the treatment system shall be of domestic origin, or compatible pollutants only, and the person agrees that he or she will comply with the provisions of any and all applicable city code provisions and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids or other deleterious substances into the public sewers, nor allow any earth, sand or other solid material to pass into any part of the wastewater treatment facilities. (3) Persons with a permit for disposing of septic tank sludge or holding tank sewage into the wastewater treatment facilities shall be charged the sewer service charges for these users as published annually in the fee schedule. GaIG Tate d annually (4) The person disposing of septic tank sludge or holding tank sewage agrees to indemnify and hold harmless the city from any and all liability and claims for damages arising out of or resulting from work and labor performed. (2004 Code, § 53.105) (Ord. 781, passed 7-19-1988) § 53.116 TOXIC POLLUTANTS; SURCHARGES. Any person discharging toxic pollutants which cause an increase in the cost of managing the effluent or sludge from the city's wastewater treatment facility shall pay for those increased costs, as may be determined by the Council. (2004 Code, § 53.106) (Ord. 781, passed 7-19-1988) § 53.117 BILLING PROCEDURES. (A) Calculation of sewer service charges. Sewer service charges shall be computed according to the rates and formula presented in this subchapter. (B) Sewer service charge billing period. Sewer service charges shall be billed by the city to the sewer users on a quarterly basis or as determined by the Council. (C) Payment of sewer service charges. Those persons billed by the city for the sewer service charges shall pay the charges within ten days after the billing date at the City Hall. (D) Delinquent bills, penalties. Any bill not paid in full ten days after the due date will be considered delinquent. At that time, the city shall require the delinquent owner or occupant to pay a penalty in addition to the original bill. The penalty shall be computed as 5% of the original bill. If delinquent bills are not paid they may be deemed delinquent and may be placed, together with penalties as provided by statute, on the next year's tax roll and be collected as other taxes are collected. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. (E) Delinquent bills, responsibility. Payment of charges and penalties is the ultimate responsibility of the property owner. The city reserves the right to trace the delinquent bill or penalty to the new address of the delinquent occupant. (2004 Code, § 53.107) (Ord. 781, passed 7-19-1988) STORM WATER DRAINAGE UTILITY § 53.130 ESTABLISHMENT. Pursuant to M.S. § 444.075, as it may be amended from time to time, the city establishes a storm water drainage utility, authorizes the imposition of just and reasonable charges for the use and availability of storm sewer facilities, and establishes a Storm Water Fund. The Storm Water Fund shall be a separate account and shall be used solely for storm water drainage purposes, as outlined in the above -referenced statute. (2004 Code, § 53.120) (Ord. 01-289, passed 1-23-2001) § 53.131 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. POLLUTANT LOADING. The amount of total suspended solids delivered to the storm water drainage system, measured in pounds per acre per year, that is generated from a given land use. STANDARD RAINFALL EVENT. The one-year storm of one -day duration. TOTAL SUSPENDED SOLIDS or TSS. The sum of all suspended matter, described by the dry weight of the suspended matter found in a specific volume of water (milligrams per liter, for example). (2004 Code, § 53.121) (Ord. 01-289, passed 1-23-2001) § 53.132 FINDINGS AND DETERMINATIONS. (A) In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the city has constructed, operated and maintained a storm sewer system ("the system"). This subchapter is adopted in the further exercise of this authority and for the same purposes. (B) The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of charges as provided in this subchapter. (C) (1) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system cost, the topography of the city and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintaining and improving the system on the basis of the expected volume of storm water runoff from the various parcels of land within the city during a standard rainfall event as defined in § 53.131 of this chapter. (2) In addition, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintaining and improving the system on the basis of the expected pollutant loading from the various parcels of land within the city. (D) Assigning costs and making charges based upon expected typical storm water runoff volume and pollutant loading cannot be done with mathematical precision, but can only be accomplished within reasonable and practical limits. The provisions of this subchapter undertake to establish a reasonable and practical methodology for making these charges. (2004 Code, § 53.122) (Ord. 01-289, passed 1-23-2001) § 53.133 RATES AND CHARGES; LAND USE CLASSIFICATIONS. (A) Rates and charges. (1) Residential equivalent factor. Rates and charges for the use and availability of the system shall be determined through the use of a residential equivalent factor (REF). An REF has been developed for the storm water runoff volume (volume REF), the storm water runoff pollutant loading (quality REF) and a composite that is used for the final utility fee calculation (utility REF). (a) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. QUALITY REF. The ratio of the pollutant loading (measured as total suspended solids) coming from land subjected to a particular use, to the pollutant loading coming from land subject to typical single-family residential use with the city. UTILITY REF. The ratio of the sum of the volume and quality portions of the total annual storm water drainage utility fee for a given land use classification (as computed using the volume REF and the quality REF for that land use classification), to the sum of the volume and quality portions of the total annual storm water drainage utility fee for the single-family residential land use classification (as computed using the volume REF and the quality REF for the single-family residential land use classification). VOLUME REF. The ratio of the average volume of surface water runoff coming from one acre of land subjected to a particular use to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the city during a standard rainfall event. (b) The utility REF for each of the land use classifications will be revised at that time in the future when there is a shift in the percentage of utility expenditures related to storm water runoff volume and storm water runoff quality treatment. The revision shall be determined by the Director of Public Works, who shall notify the City Council of the action. (2) Storm water drainage charges. (a) In determining charges the City Council shall by ordinance establish a basic system rate to be charged against one acre of land having a utility REF of one. The charge to be made against each parcel of land shall then be determined by multiplying the utility REF for the parcel's land use classification times the parcel's acreage times the basic system rate. The volume, quality and utility REFs for the following land uses within the city and the billing classifications for those land uses are as follows. Billing Classification Land Use Volume REF Quality REF Utility REF 1 Golf course, park, open space 0.41 0.50 0.43 2 Single-family and duplex residential 1.00 1.00 1.00 3 Public and private schools and institutional uses 1.36 3.05 1.67 4 Multiple -family residential and churches 2.18 3.21 2.37 5 Commercial and industrial 1 3.79 1 6.10 1 4.22 (b) For the purposes of calculating storm water drainage charges, all developed single-family and duplex parcels less than one acre in size per unit shall be considered to have an acreage of one-third acre per unit. Double bungalows or duplexes shall be considered to be two units. Single-family parcels over one acre in size or duplex residential parcels over one acre per unit in size shall be billed at a higher rate. These rates shall be included in the ordinance approved by the City Council. (3) Storm water utility rates. Storm water utility rates shall be established by an ordinance of the City Council as amended from time to time. Fee rates may be included as part of the fee schedule, as adopted by the City Council, included within the annual budget ordinance. Fees shall be structured to reasonably reflect the cost of constructing, maintaining and operating storm water drainage systems as outlined in M.S. § 444.075, as it may be amended from time to time. (B) Other land uses. The Director of Public Works shall classify other land uses not listed in the foregoing table by assigning them to classes most nearly like the listed uses, from the standpoint of runoff volume for the standard rainfall event and the pollutant loading. An appeal from the Director of Public Works' determination of the property classification may be made to the City Council. (2004 Code, § 53.123) (Ord. 01-289, passed 1-23-2001) § 53.134 ADJUSTMENT AUTHORITY. The City Council may, by ordinance, adopt policies providing for the adjustment of charges or credits to charges for parcels or groups of parcels, based upon land use data supplied by affected property owners, which data demonstrates a runoff volume for the standard rainfall event or a pollutant loading substantially different from that being used for the parcel or parcels. The Director of Public Works shall make the adjustment or credit. An appeal from the Director of Public Works' determination may be made in writing to the City Council. No adjustments shall be made retroactively. (2004 Code, § 53.124) (Ord. 01-289, passed 1-23-2001) § 53.135 PUBLIC HEARING AND NOTICE. The city shall hold a hearing prior to determining whether to build, construct, enlarge or improve storm sewer facilities financed in whole or in part by the imposition of storm sewer drainage charges. Notice of the hearing shall be published in the official city newspaper at least ten days prior to the date of hearing. Owners of all property adjoining a proposed improvement shall be mailed or served with a notice at least ten days in advance of the hearing. However, failure to give mailed notice or any defects in the notice shall not invalidate the proceedings. (2004 Code, § 53.125) (Ord. 01-289, passed 1-23-2001) § 53.136 EXEMPTIONS. Public street rights -of -way, railroad rights -of -way and lands used exclusively for agricultural purposes are exempt from storm water drainage charges. (2004 Code, § 53.126) (Ord. 01-289, passed 1-23-2001) § 53.137 PAYMENT OF CHARGES. Storm water bills shall be mailed to the owner or other account holder with their city water/sewer statement and shall specify the charges. (2004 Code, § 53.127) (Ord. 01-289, passed 1-23-2001) § 53.138 DELINQUENT ACCOUNTS. (A) Delinquent bills, penalties. A bill shall be considered delinquent if not paid by the end of the day on the billing due date. At that time the city shall require the delinquent owner or occupant to pay a penalty in addition to the original bill. The penalty shall be assessed on the first business day subsequent to the billing due date, calculated at the greater of 5% of the original bill or $1. If delinquent bills are not paid they may be deemed delinquent and may be placed, together with penalties as provided by statute, on the next year's tax roll and be collected as other taxes are collected. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. (B) Responsibility of owner. Payment of charges and penalties is the ultimate responsibility of the property owner. The city reserves the right to trace the delinquent bill or penalty to the new address of the delinquent occupant. (C) Additional penalties. In addition to the above listed penalties, the city may impose any and all of the penalties outlined in § 1.18 of the City Policy Handbook if a storm water utility account is found to be delinquent. (D) Assessment of delinquent accounts. Delinquent accounts may be certified by the City Council to the County Auditor for collection with the next years taxes as provided for by M.S. § 444.075, as it may be amended from time to time. Before making the certification, a delinquent account holder must be notified by first class mail of the delinquency and the date the holder may appear before the City Council to state any reason why the certification should not be made. (2004 Code, § 53.128) (Ord. 01-289, passed 1-23-2001) § 53.139 RECALCULATION; ADJUSTMENTS; CREDITS. (A) Recalculation of charges. If a property owner or person responsible for paying the storm water drainage charge questions the correctness of such a charge, that person may have the determination of the charge recomputed by written request to the Director of Public Works. This request shall be made within 30 days of the mailing of the billing in question. (B) Adjustments or credits to the storm water drainage charges. (1) Rate structure; purpose of adjustments. (a) The municipal storm water drainage utility uses a rate structure based on the anticipated relative contribution of storm water drainage runoff volume and pollutant loading to the storm water drainage system. A parcel's contribution is determined by that parcel's size and its land use, under the principle that more intensively developed land uses typically have a larger percentage of impervious surface and contribute a much greater volume of water to the system for the standard rainfall event of 2.3 inches in 24 hours and larger pollutant loading. (b) It is recognized that some parcels, due either to their unique topographic, vegetative, geologic and other characteristics have a hydrologic response substantially different from that of similarly sized parcels of the same land use. To provide for an equitable assessment of storm water drainage charges, based on reasonably expected contribution of flows, provisions need to be made to permit adjustments to the storm water drainage charge for those parcels with unique or unusual characteristics, or credits to the storm water drainage charge for those parcels with storm water runoff volume and/or quality treatment facilities. (2) Grounds for adjustment. (a) The basis of the city's storm water drainage charges is the anticipated relative contribution of storm water runoff volume and pollutant loading to the storm water drainage system from a given parcel. Where unique or unusual conditions exist where the actual contributions of storm water runoff volume or pollutant loading from a given parcel are substantially different from those anticipated by the storm water drainage rate structure, the Director of Public Works, or designee thereof, may adjust or credit the storm water drainage charge for the parcel to an appropriate level in accordance with the guidelines specified herein. (b) The subchapter establishing the storm water drainage utility provides for the Director of Public Works to make adjustments or credits to the charges when: 1. The property owner supplies data demonstrating a storm water runoff volume for the standard rainfall event substantially different from that being used for the parcel; or 2. The property owner supplies data demonstrating that storm water runoff from the parcel is being treated to provide the required removal efficiency for total suspended solids (TSS). (3) Property owner to provide detailed information. It is the responsibility of the property owner or agent thereof to present to the Director of Public Works, or designee thereof, sufficient information concerning a parcel's hydrologic characteristics to permit an accurate assessment of the conditions that exist. (a) This information may include, but is not limited to: 1. Site plan showing locations of all buildings, paved areas and other development relative to lot lines; 2. The total lot area and area of impervious surfaces, in square feet; 3. Site topography or contours of sufficient detail to ascertain flow directions, rates and volumes; 4. Hydraulic calculations specifying outflow volumes and rates for various rainfall events; and 5. Calculation of total suspended solids removal efficient of any on -site storm water runoff treatment facility. (b) Failure to provide this information within 30 days after delivery of a written request shall result in the assignment of the highest classification level for volume, quality and utility REF. (4) Adjustments where parcel runoff is significantly different from land use standard. Where the unit runoff generated by a parcel differs from the assigned amount for that land use category by more than 20%, the Director of Public Works, or designee thereof, may adjust the parcel's storm water drainage charge in accordance with the following procedure. (a) Calculation of unit runoff for the parcel shall be determined by the methods outlined in the Natural Resources Conservation Service Technical Release No. 55, utilizing a one-year event of 24-hour duration as the standard rainfall event. (b) If the calculated unit runoff is shown to differ from the assigned amount for that land use category by 20% or more, the volume portion of the fee for that parcel shall be adjusted by multiplying it by the ratio of the calculated unit runoff to the standard unit runoff. (c) A parcel's storm water drainage charge shall be subject to increases as well as decreases by this procedure. (d) For parcels with ponds covered by public easements, the area used for the calculation of the charge shall be reduced by the size of the easement area. (e) Because single-family and duplex fees are not based upon actual parcel acreage, no adjustments for unit runoff differences will be made for those land uses, except for totally vacant, unimproved, fully turfed parcels. (f) Adjustments shall not be retroactive. They become effective from the date they are approved. (5) Procedures for calculation of storm water credits. Procedures for calculation of storm water detention credits for volume charges and for calculation of water quality treatment credits for quality charges shall be based on standards prepared by the Director of Public Works and approved by the City Council. (6) City's right to inspect facilities and initiate fee adjustments and/or credits. (a) The Director of Public Works, or designee thereof, reserves the right to inspect periodically all storm drainage control facilities to ascertain that they are operating properly. If such a system, due to improper maintenance or other reason, fails to detain or cleanse storm water runoff in an effective manner, the Director of Public Works, or designee thereof, may eliminate or reduce detention or water quality credits to an appropriate level. The facility shall not be eligible to apply for storm drainage charge adjustments and/or credits for a period of 12 months following any adjustment and/or credit. Adjustments and credits shall not be made retroactively. An appeal from the Director of Public Works' determination may be made to the City Council. (b) The issuance of any building permit or other action that changes or intensifies an existing land use shall be cause for an adjustment of storm water drainage charges to an appropriate level. (2004 Code, § 53.129) (Ord. 01-289, passed 1-23-2001) ADMINISTRATION AND ENFORCEMENT § 53.150 RIGHT OF ENTRY; IDENTIFICATION; SAFETY RULES. (A) Right of entry. The Council or other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all properties at all reasonable times for the purpose of inspection, observation or testing, all in accordance with the provisions of this chapter. This includes inspection of buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. The city may allow for certification of compliance by a licensed plumber that has received the authority to do so by the city. The city may periodically reinspect any building or premise to determine compliance with the requirements of this chapter. (B) Safety. While performing the necessary work on private premises referred to in division (A) above, the duly authorized city employees shall observe all safety rules applicable to the premises established by the owner or the occupant. (C) Identification, right to enter easements. The Council or duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all private properties through which the city holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement at all reasonable times, all subject to the terms, if any, of that easement. (D) Warrants. If the licensee, owner, resident or other person in control of a premises objects to the inspection of or entrance to the property, the City Administrator, peace officer or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions only, and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property. (2004 Code, § 53.140) (Ord. 781, passed 7-19-1988; Ord. 01-291, passed 5-22-2001) § 53.151 PUBLIC NUISANCES; ABATEMENT; EMERGENCY ABATEMENT. (A) Public nuisance. The violation of any provision of §§ 53.001, 53.035 through 53.040, 53.055 through 53.063, 53.110 through 53.112, 53.1 16 or 53.150 of this code, shall constitute a public nuisance as that term is defined in this code of ordinances. (B) Abatement of nuisance, no immediate danger. If it is determined that a public nuisance has been created, or is being maintained, by violation of this chapter (as set forth hereinabove), but that the nature of the nuisance is not so as to threaten great and immediate danger to the public health, safety, peace, morals or decency, written notice shall be served on the person causing or maintaining the nuisance to remove or correct the same (identifying the nature of the violation) within a specified reasonable time. The offender shall, within the period of time stated in the notice, abate the nuisance and permanently cease all violations. (C) Abatement of nuisance, immediate danger. If it is determined that a public nuisance caused by the violation of this chapter exists, and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor, City Engineer or Chief of Police may cause the same to immediately be abated, and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be. If notice to abate the nuisance has been given to the owner, the cost shall be assessed against the real estate as a special charge. (2004 Code, § 53.141) (Ord. 781, passed 7-19-1988) Penalty, see § 10.99 § 53.152 APPEALS; PROCEDURES. Any user, permit applicant or permit holder affected by any decision, action or determination, including cease and desist orders, made by the Council interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the Council a written request for reconsideration within ten days of the date of the decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration. The Council shall render a decision on the request for reconsideration to the user, permit applicant or permit holder in writing within 15 days of receipt of request. If the ruling on the request for reconsideration made by the Council is unsatisfactory, the person requesting reconsideration may, within ten days after notification of the action, file a written appeal with the Council. The written appeal shall be heard by the Council within 30 days from the date of filing. The Council shall make a final ruling on the appeal within ten days from the date of hearing. (2004 Code, § 53.142) (Ord. 781, passed 7-19-1988) § 53.153 ANNUAL AUDIT; RATE NOTIFICATION. (A) Annual audit. The city shall review, at least every year, the wastewater contribution of its sewer users, the operation and maintenance expenses of the wastewater treatment facilities, and the sewer service charge system. Based on this review, the city shall revise the sewer service charge system, if necessary, to accomplish the following: (1) Maintain a proportionate distribution of operation and maintenance expenses among sewer users based on the wastewater volume and pollutant loadings discharged by the users; (2) Generate sufficient revenues to pay the operation and maintenance expenses of the wastewater treatment facilities; and (3) Apply excess revenues collected from a class of users to the operation and maintenance expenses attributable to that class of users for the next year and adjust the sewer service charge rates accordingly. (B) Annual notification. The city shall notify its sewer users annually about the sewer service charge rates. The notification shall show what portion of the rates are attributable to the operation and maintenance expenses and debt service costs of the wastewater treatment facilities. (2004 Code, § 53.143) (Ord. 781, passed 7-19-1988) § 53.154 RECORDS. The City Administrator shall be responsible for maintaining records regarding wastewater flows and loadings, costs of the wastewater treatment facilities, sampling programs and other information which is necessary to document compliance with 40 C.F.R. part 35, subpt. E, of the Clean Water Act, being 33 U.S.C. §§ 1251 et seq. (2004 Code, § 53.144) (Ord. 781, passed 7-19-1988) Adopted by the Hutchinson City Council this 23rd day of June, 2026. ATTEST: Gary T. Forcier, Mayor Matthew Jaunich, City Administrator MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, January 28, 2026 Call to order — 3:00 p.m. President Matt Cheney called the meeting to order. Members present: President Matt Cheney; Secretary Don Martinez; Commissioner Kathy Silvernale; Commissioner Tom Lambert; GM Jeremy Carter; Attorney Marc Sebora 1. Conflict of Interest 2. Commission Reorganization a. A motion made by Commissioner Lambert, second by Commissioner Silvernale to elect Don Martinez to the position of President. Motion carried unanimously. b. A motion made by Commissioner Silvernale, second by Commissioner Martinez to elect Tom Lambert to the position of Vice President. Motion carried unanimously. c. A motion made by Commissioner Lambert, second by Commissioner Martinez to elect Matt Cheney to the position of Secretary. Motion carried unanimously. d. A motion made by Commissioner Martinez, second by Commissioner Silvernale to re -appoint Marc Sebora as legal counsel. Motion carried unanimously. e. A motion made by Commissioner Martinez, second by Commissioner Silvernale re -appoint Angie Radke as recording secretary. Motion carried unanimously. f. A motion made by Commissioner Martinez, second by Commissioner Lambert to designate Citizens Bank & Trust, Wells Fargo Bank, Wells Fargo Advisors, Home State Bank, Morgan Stanley and Cetera Investment Services as depositories for utility funds. Motion carried unanimously. 3. Approve Consent Agenda a. Approve Minutes b. Ratify Payment of Bills Motion by Commissioner Silvernale, second by Commissioner Lambert to Approve the Consent Agenda. Motion carried unanimously. 4. Approve Financial Statements GM Carter presented the Financial Statements. Auditors are here this week. December financials are always difficult to compare to previous years due to other year-end entries. The 2025 entry for pension Liability has not been completed yet as the report is not available for a few weeks. There is a new government pronouncement — governments must now report an estimate of what next year's sick payout is going to be. Combined Division sales for resales surpassed year to date 2024. Electric Division consumption year to date was on budget. GM Carter reviewed the Power Cost Adjustment that was made in 2024 vs 2025. Natural Gas Division consumption year to date was also close to budget. GM Carter reviewed the Fuel Credit Adjustment for year 2024 vs 2025. Cash Balance, charts and investments were also reviewed. Motion by Commissioner Lambert, second by Commissioner Silvernale to Approve the Financial Statements. Motion carried unanimously. 5. Open Forum 6. Communication a. City Administrator — Matthew Jaunich — i. City Council approved Solar projects for City of Hutchinson ii. Elected officials are receiving a lot of feedback on the Data Center with miscommunication, concerns about blackouts, energy rates and water usage. b. Divisions i. Dan Lang, Engineering Services Manager — Nothing ii. Dave Hunstad, Electric Transmission/Distribution Manager — 1. Update on Solar projects that were approved 2. ElectriCities of North Carolina called for Mutual Aid event. 2 employees volunteered to take the Digger Truck to help. However, the ice storm that was predicted turned out to be snow so the employees came back. iii. Mike Gabrielson, Production Manager 1. LM6000 update iv. Jared Martig, Financial Manager- Absent v. Byron Bettenhausen - Absent c. Human Resources —Angie Radke - i. Working on OSHA Logs and Pay Equity d. Legal — Marc Sebora — i. Nothing to report e. General Manager —Jeremy Carter i. Business update ii. Working on Contracts iii. Winter Storm Fern update. The severe cold weather created a significant gas impact. GM Carter provided history on how the industry works for natural gas. 7. Policies a. Review Policies i. Section 1 of Exempt Handbook ii. Section 1 of Non -Exempt Handbook No changes recommended at this time. 2 b. Approve Changes i. Introduction ii. Definitions Ms. Radke spoke of the policy changes. Both policies listed above were updated to remove the word, Director. Additional changes to the Definitions policy included updating Administrative/HR title and to remove Computer Systems Analyst since that position is no longer at HUC, policies are still applicable. Motion by Commissioner Martinez, second by Commissioner Lambert to Approve Policy Changes. Motion carried unanimously. 8. Unfinished Business 9. New Business a. Review Annual Solar Production Mr. Hunstad presented the Annual Solar Production for 2025. Staff is able to calculate the cost savings by comparing the actual MISO hourly Locational Marginal Pricing (LMP) with the hourly production of the array. For 2025, the array generated 901,517 KWH with a cost savings of $38,588.20. The array was anticipated to operate at a 14% capacity factor, however for 2025 the array is operating better than expected with a capacity factor of 16.4%. b. Approve Cogeneration and Small Power Production Tariff President Matt Cheney will be abstaining from item 8b since President Matt Cheney has solar on his building. Mr. Hunstad presented Approval of Cogeneration and Small Power Production Tariff. Municipal Utilities annually shall file for review and approval of a cogeneration and small power production tariff with the governing body. Mr. Hunstad reviewed Schedules 1: For facilities of 40KW or less and Schedule 4: for facilities 40KW — 100KW. Motion by Commissioner Marintez, second by Commissioner Silvernale to Approve Cogeneration and Small Power Production Tariff. Motion carried unanimously. c. Review 2025 Distributed Energy Resources Generation Report Mr. Hunstad reviewed the 2025 Distributed Energy Resources Generation Report. The law requires municipal utilities that have adopted co -generation policies to 3 review annually all net energy billed qualifying facilities. HUC has 21 active Solar DER Co -generation facilities which consist of 13 Commercial, 7 Residential and 1 Utility owned. d. Approve Pay Equity Report Ms. Radke presented the consideration of Approval of the Pay Equity Report. HUC is required to submit a pay equity report every three years, and HUC will be reporting for 2025. Staff is happy to report that HUC is in compliance with the state requirements. The attached report must be approved by Hutchinson Utilities Commission and submitted to Minnesota Management and Budget (MMB) Department. The T-test Results value of Degrees of Freedom of 44 with a Value of T of -4.299 included in Section II of the Compliance Report is below the Value of T on the T-Test Table of 1.684 that is required to be in compliance. It is requested that the Commission accept and approve the enclosed report before it can be sent to the State by the end of January. A motion by Commissioner Silvernale, second by Commissioner Lambert to Approve the Pay Equity Report. Motion carried unanimously. e. Approve Change Order #2 — Hutchinson Substation Control Enclosure Modifications Mr. Lang presented Approval of Change Order #2 — Hutchinson Substation Control Enclosure Modifications. Change order issued to Electrical Power Products (EP2) for design modifications to the control enclosure for Hutchinson Substation project. A motion by Commissioner Martinez, second by Commissioner Silvernale to Approve. Motion carried unanimously. f. Approve Advertisement for Bids — Plant #1 Substation 115kV Transformer Mr. Lang presented Approval of Advertisement for Bids — Plant #1 Substation 115kV Transformer. Mr. Lang presented the Base Bid along with the Required Alternate Bid along with the background of the number of transformers and breakers that have been discussed for the Plant #1 Substation rebuild due to the Willmar 115kV line. A motion by Commissioner Silvernale, second by Commissioner Lambert to Approve Advertisement for Bids — Plant #1 Substation 115kV Transformer. 4 Motion carried unanimously. 10. Adjourn There being no further business, a motion by Commissioner Martinez, second by Commissioner Lambert to adjourn the meeting at 3:48p.m. Motion carried unanimously. IN att Cheney, Secretary ATTEST: on Martinez, Pres nt 5 MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, February 25, 2026 Call to order — 3:00 p.m. President Don Martinez called the meeting to order Martinez; Secretary Matt Cheney; Vice President Attorney Marc Sebora Absent: Commissioner Kathy Silvernale Conflict of Interest 2. Approve Consent Agenda a. Approve Minutes b. Ratify Payment of Bills . Members present: President Don Tom Lambert; GM Jeremy Carter; Motion by Commissioner Cheney, second by Commissioner Lambert to Approve the Consent Agenda. Motion carried unanimously. 3. Approve Financial Statements Mr. Martig presented the Financial Statements. Electric Division Purchase Power increased by $186,624. MRES purchases increased by $42,388 and market purchase/MISO costs increased by $144,236. January PCA brought in an additional $158,944 for the month and YTD. Natural Gas Division Fuel Cost Adjustment was $3.4133/MCF bringing in an additional $523,639 for the month and YTD. GM Carter elaborated on the natural gas prices in correlation to the energy prices with different energy resources that are used or not used. GM Carter reviewed the natural gas margins, along with reviewing the impact on customers with Storm Eri. Cash Balance and investments were reviewed. Motion by Commissioner Lambert, second by Commissioner Cheney to Approve the Financial Statements. Motion carried unanimously. 4. Open Forum 5. Communication a. City Administrator— Matthew Jaunich — i. City Council reviewed and approved apartments at the old Burns Manor site, should start construction in Spring/Summer. b. Divisions i. Dan Lang, Engineering Services Manager — Nothing to Report ii. Dave Hunstad, Electric Transmission/Distribution Manager — Nothing to Report iii. Mike Gabrielson, Production Manager 1. LM6000 still no update from GE, trying to explore other options that may be available. iv. Jared Martig, Financial Manager- 1. Auditors should be here next month v. Byron Bettenhausen — Nothing to Report c. Human Resources — Angie Radke - i. Pay Equity has been approved and meets compliance requirements. ii. Working on a new D&A Consortium and 3rd Party Administrator. Received notification at the end of January that Total Compliance has closed shop. d. Legal — Marc Sebora — i. Nothing to report e. General Manager — Jeremy Carter i. LM6000 update regarding costs, warranty and looking at leasing a new unit ii. Cost of Service Study iii. JPM wrapping up final step, should hear more on Friday iv. Winter Storm Fern update. The severe cold weather created a significant gas impact. 6. Policies a. Review Policies i. Section 2 of Exempt Handbook ii. Section 2 of Non -Exempt Handbook No changes recommended at this time. b. Approve Changes i. Alcohol or Drugs (Exempt and Non -Exempt) Ms. Radke spoke of the policy change. Looking to remove Total Compliance Solutions from the policy, policy is still applicable. Motion by Commissioner Cheney, second by Commissioner Lambert to Approve Policy Changes. Motion carried unanimously. 7. Unfinished Business 8. New Business a. Approval of 3M Natural Gas Transportation and Daily Swing Supply Agreement GM Carter presented Approval of 3M Natural Gas Transportation and Daily Swing Supply Agreement. 3M's current agreement expires on March 1, 2026 at 9 A.M. This agreement provides transportation rights to 3M on Hutchinson's facilities from March 1, 2026 at 9:00 A.M. through March 1, 2027 at 9:00 A.M. This agreement is identical to the 2025 agreement except for date changes and increased monthly meter fee. All fees are in alignment with the rate realignment 2 structure proposed by the Commission for this customer. Motion by Commissioner Lambert, second by Commissioner Cheney to Approve 3M Natural Gas Transportation and Daily Swing Supply Agreement. Motion carried unanimously. b. Approve Req#010514 — Cooling Tower Pipe Repair Plant #1 Mr. Gabrielson presented approval Req#010514 — Cooling Tower Pipe Repair at Plant #1. The cooling tower has developed an underground water leak on the 20" return line to the cooling tower. GPRS came out and scanned the pipe and located the area of the leak. Rosnow Industrial will be fixing the underground leak. Motion by Commissioner Cheney, second by Commissioner Lambert to Approve Req#010514 Cooling Tower Pipe Repair Plant #1. Motion carried unanimously. 9. Adjourn There being no further business, a motion by Commissioner Lambert, second by Commissioner Cheney to adjourn the meeting at 3:26p.m. Motion carried unanimously. N\a� - Matt Cheney, Secretary ATTEST. on Martinez, resident 3 MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, March 25, 2026 Call to order — 3:00 p.m. President Don Martinez called the meeting to order. Members present: President Don Martinez; Secretary Matt Cheney; Vice President Tom Lambert; Commissioner Jeremy Crosby; GM Jeremy Carter; Attorney Marc Sebora Absent: Commissioner Kathy Silvernale Jeremy Crosby was sworn in as commissioner by Attorney Marc Sebora 1. Conflict of Interest 2. Approve Consent Agenda a. Approve Minutes b. Ratify Payment of Bills Motion by Commissioner Cheney, second by Commissioner Lambert to Approve the Consent Agenda. Motion carried unanimously. 3. Approve 2025 Financial Audit Justin McGraw with Conway, Deuth & Schmiesing Audit Firm presented the 2025 Hutchinson Utilities Commission Independent Audit Report. Mr. McGraw also provided financial statement packets that show more detail along with how the review went. Mr. McGraw stated the audit was conducted in accordance with the Generally Accepted Auditing Standards and Government Auditing Standards. The financial statements of the Commission are presented fairly in the firms' opinion. Mr. McGraw reviewed the Statement of Net Position. Assets decreased slightly in 2025 with liabilities decreasing as well. Mr. McGraw reviewed the Cash and Investment Balances. Restricted balance remained similar with Designated and Operating balances decreasing. Mr. McGraw reviewed the Electric and Natural Gas Divisions Operating Revenues and Expenses. Mr. McGraw summarized the Communications portion of the report along with recommendations for the upcoming year. Mr. McGraw stated the audit went well and the Staff was very helpful. Motion by Commissioner Lambert, second by Commissioner Cheney to Approve the 2025 Financial Audit. Motion carried unanimously. 4. Approve Financial Statements Mr. Martig presented the Financial Statements. Mr. Martig noted the GRE transmission estimate was not reversed from January, February is correct but year to date is incorrect. Electric Division revenues were up but were offset by an increase in mostly purchased power and transmission costs. Natural Gas Division usage and revenues were down compared to last year but was offset by a decrease in purchased gas costs. GM Carter provided a Storm Fern update and the impact to customers. GM Carter also elaborated on the Rate Stabilization Fund and market sales. Cash Balance and investments were reviewed. Motion by Commissioner Cheney, second by Commissioner Lambert to Approve the Financial Statements. Motion carried unanimously. 5. Open Forum a. Mayor Gary Forcier 6. Communication a. City Administrator — Matthew Jaunich — i. Preparing for summer street and building projects. b. Divisions i. Dan Lang, Engineering Services Manager — Nothing to Report ii. Dave Hunstad, Electric Transmission/Distribution Manager — Nothing to Report iii. Mike Gabrielson, Production Manager 1. Plant 1 water pipe leak update. iv. Byron Bettenhausen, Natural Gas Manager 1. Annual Training 2. Received MNOPS letter stating no issues on the 2024 audit. 2025 MNOPS audit is scheduled for May 2026. Mayor Forcier inquired about the progress on the trail. Mr. Lang and GM Carter provided an update. V. Jared Martig, Financial Manager - Nothing to report c. Human Resources — Angie Radke - i. Working with new D&A Consortium and 31d Party Administrator ii. Compensation Study d. Legal — Marc Sebora — i. Nothing to report e. General Manager —Jeremy Carter i. Update on Natural Gas prepaid deal that will be closing tomorrow, hedging and spot market was reviewed ii. Strategic Planning meeting to be held in April or May 7. Policies a. Review Policies i. Section 3 of Exempt Handbook ii. Section 3 of Non -Exempt Handbook No changes recommended at this time. 2 8. Unfinished Business 9. New Business a. Approval of New Ulm Natural Gas Transportation Capacity Agreement GM Carter presented Approval of New Ulm Natural Gas Transportation Capacity Agreement. The current transportation capacity agreement has been in place since April 2004 (inception of pipeline), which is scheduled to expire on March 31, 2026. The new transportation capacity agreement is a 5-year agreement that includes reserving 15,000 Dth's per day of capacity on HUC's transmission line extending from Trimont, MN to Hutchinson (93 miles). The new agreement phases in a reservation charge increase over two years, which will then bring the reservation charge consistent with the other customers on the transmission line. The agreement also addresses additional fees that could be incurred for daily and monthly imbalances outside of the agreed upon tolerances. Motion by Commissioner Lambert, second by Commissioner Cheney to Approve New Ulm Natural Gas Transportation Capacity Agreement. Motion carried unanimously. b. Approval of New Ulm Natural Gas Interconnect Agreement GM Carter presented Approval of New Ulm Interconnect Agreement. In order for HUC to supply and transport natural gas to the City of New an interconnect agreement needs to be in place between both parties and will run concurrently with the New Ulm Natural Gas Transportation Capacity Agreement. The interconnect agreement establishes the commodity custody transfer point and the interconnection point between Hutchinson's natural gas pipeline facilities and New Ulm's natural gas pipeline facilities. The agreement also states the equipment necessary at the interconnection station to transport and read the flow of natural gas at predetermined pressures. Motion by Commissioner Cheney, second by Commissioner Lambert to Approve New Ulm Natural Gas Interconnect Agreement. Motion carried unanimously. c. Approve Req#10521 -Close Interval Survey Mr. Bettenhausen presented Approval of Req#10521 — Close Interval Survey. A close interval survey (CIS) is conducted on pipelines to assess the entire structure's cathodic protection_ status by recording pipe -to -soil potential profile. In 3 2025, 1/5 of the transmission line was completed and now HUC would like to do the next 1/5 of the transmission line which is 20 miles. Motion by Commissioner Lambert, second by Commissioner Cheney to Approve Req#10521 -Close Interval Survey. Motion carried unanimously. d. Approve Req#10519 - Blasting and Recoat at MLBV 212 Site Mr. Bettenhausen presented Approval of Req#10519 — Blasting and Recoat at MLBV 212 Site. The coating at MLBV 212 is in need of removal and replacement. Staff will sandblast any above ground piping or equipment and apply new coatings to keep the equipment safe and in compliance. Motion by Commissioner Cheney, second by Commissioner Lambert to Approve Req#10519 — Blasting and Recoat at MLBV 212 Site. Motion carried unanimously. e. Approve Selling of Surplus Equipment Mr. Hunstad presented Approval of Selling of Surplus Equipment. HUC has a 2006 John Deere 310SG Tractor backhoe that is in need of a new transmission. The quote received for a re -manufactured transmission, including installation was $30,622.39. Given the age of the equipment and significant cost of repair, Staff is recommending that the piece of equipment is sold as is. The backhoe was already scheduled for disposal in 2027 and planned to be replaced with a different type of equipment. Motion by Commissioner Lambert, second by Commissioner Cheney to Approve Selling of Surplus Equipment. Motion carried unanimously. Approve Sterling Energy LLC Contract 1 st Amendment — Tabled for this meeting g. Approve Req#10531 - GE Stage 2 LPT Blade Warranty Replacement Proposal 1725355. Mr. Gabrielson presented Approval of Req#10531 — GE Stage 2 LPT Blade Warranty Replacement Proposal 1725355. The work will be completed by GE. Some of the cost may be covered under warranty. There are also a few other options that are being looking into, but Staff would like to move forward with this proposal for now. Conversations were held on timing and other options that may be available. 4 Motion by Commissioner Cheney, second by Commissioner Lambert to Approve Req#10531 — GE Stage 2 LPT Blade Warranty Replacement Proposal 1725355. Motion carried unanimously. 10. Adjourn There being no further business, a motion by Commissioner Cheney, second by Commissioner Lambert to adjourn the meeting at 4:00p.m. Motion carried unanimously. Matt Cheney, Secretary ATTEST Don Martinez, Presid �i MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, April 29, 2026 Call to order — 3:00 p.m. President Don Martinez called the meeting to order. Members present: President Don Martinez; Secretary Matt Cheney; Vice President Tom Lambert; Commissioner Kathy Silvernale; Commissioner Jeremy Crosby; GM Jeremy Carter; Attorney Marc Sebora 1. Conflict of Interest 2. Approve Consent Agenda a. Approve Minutes b. Ratify Payment of Bills Motion by Commissioner Cheney, second by Commissioner Lambert to Approve the Consent Agenda. Motion carried unanimously. 3. Approve Financial Statements Mr. Martig presented the Financial Statements. Electric Division net loss increased by $129k over March 2025. Revenues and usage were up but offset by an increase in purchased power, transmission and operating costs. Increase in operating costs included new cylinder heads that were taken out of inventory for Units 6 & 7. PCA brought in an addition $159k for the month of March, there was no PCA for March 2025. Natural Gas Division similar from last year. GM Carter highlighted Electric and Gas customer revenue is increased from last year which relates to the power cost and fuel cost mechanisms. GM Carter reviewed wholesale rates and transmission costs. Large General is carrying classes. Cash and investments were also reviewed. Motion by Commissioner Silvernale, second by Commissioner Crosby to Approve the Financial Statements. Motion carried unanimously. 4. Open Forum 5. Communication a. City Administrator — Matthew Jaunich — Absent b. Divisions i. Dan Lang, Engineering Services Manager — Nothing to Report ii. Dave Hunstad, Electric Transmission/Distribution Manager 1. Construction has started up 2. Inverter on solar field was replaced, which was under warranty 3. Transformer was removed from the hotel building being torn down on Main St. 4. Solar Grant program - Update iii. Mike Gabrielson, Production Manager 1. GE will be onsite the week of May 11 to remove Unit 1 2. Plant 1 cooling tower pipe leak update iv. Byron Bettenhausen, Natural Gas Manager - Absent v. Jared Martig, Financial Manager — 1. Talking with insurance on Plant 1 cooling tower pipe leak c. Human Resources — Angie Radke - i. Compensation Study Update ii. Welder position has been posted d. Legal — Marc Sebora — i. Nothing to report e. General Manager — Jeremy Carter i. Gave update for Byron on projects coming up, MNOPS Audit the week of May 18th and Fairfax Operating Agreement. ii. Continuing to work on cooling tower project, reviewing bid documents and gathering information iii. COS Study update -working through modeling 6. Policies a. Review Policies i. Section 4 of Exempt Handbook ii. Section 4 of Non -Exempt Handbook No changes recommended at this time. 7. Unfinished Business 8. New Business a. Approval of Highland Park Industrial, LLC Natural Gas Transportation and Commodity Purchase Agreement GM Carter presented Approval of Highland Park Industrial, LLC Natural Gas Transportation and Commodity Purchase Agreement. Highland Park currently transports base load and daily swing supplies of natural gas on HUC's transmission and distribution systems. The current agreement in place expires May 1, 2026. GM Carter reviewed the amended changes to the new agreement which include 1) New contract will run for 10 months vs 12 months, which will place both retail transport customers on the same contract cycle for ease of administration, 2) All prepay language pertaining to a 4 cent discount on half the base -load has been removed as the agreement is no longer in place, and 3) The meter price has changed to reflect the last rate increase approved by the commission. Motion by Commissioner Lambert, second by Commissioner Cheney to Approve 2 Highland Park Industrial, LLC Natural Gas Transportation and Commodity Purchase Capacity Agreement. Motion carried unanimously. b. Approval of 1 It Amendments to UFC's Transportation and Commodity Agreements GM Carter presented Approval of 1st Amendments to UFC's Transportation and Commodity Agreements. There are two agreements in place with United Farmers Co-op (UFC), which include the transportation agreement and commodity agreement, and both expire on 10/31/2033. During the duration of the existing contracts, UFC merged with Central Region Cooperative to form Central United Cooperative. As a result of the merger, Central United Cooperative is assigned the rights and obligations under the existing contracts. The 1st amendments to both agreements reflect the amended changes to the agreements and acknowledge the obligations placed upon the newly formed organization. Motion by Commissioner Lambert, second by Commissioner Crosby to Approve 1st Amendments to UFC's Transportation and Commodity Agreements. Motion carried unanimously. c. Approval of 1 Year Extension on Current UNG Transportation Contract GM Carter presented Approval of 1 Year Extension on Current UNG Transportation Contract. HUC has a transportation agreement in place with United Natural Gas (UNG), which the current contract expires on May 31, 2026. UNG is currently in the process of selling its natural gas -related infrastructure. In lieu of renewing a new long-term agreement, per section 3 in the existing agreement, UNG is requesting a 1-year extension of the current agreement until the acquisition is complete. Upon final acquisition of the natural gas assets, new contracts will be put in place with the new buyers of the infrastructure. Motion by Commissioner Silvernale, second by Commissioner Cheney to Approve 1 Year Extension on Current UNG Transportation Contract. Motion carried unanimously. d. Approval of Fairfax Interconnect Agreement GM Carter presented Approval of Fairfax Interconnect Agreement. This agreement has been in place for years, however it was in New Ulm's name since New Ulm was the main agency for Fairfax when the interconnect stations were put in place after HUC built the pipeline. New Ulm has been taken care of New 3 Ulm's Interconnect station and Fairfax's Interconnect station. New Ulm reached out and would like HUC to have a separate agreement with Fairfax. The interconnect agreement establishes the commodity custody transfer point and the interconnection point between Hutchinson's natural gas pipeline facilities and Fairfax's natural gas pipeline facilities. The agreement also spells out the equipment necessary at the interconnection station to transport and read the flow of natural gas at predetermined pressures. Motion by Commissioner Cheney, second by Commissioner Lambert to Approve the Fairfax Interconnect Agreement. Motion carried unanimously. e. Approval of Sterling Energy LLC Contract 1st Amendment. Mr. Gabrielson presented Approval of Sterling Energy LLC Contract 1 st Amendment. The amendment states Sterling Energy agrees to remove Units 3, 4 and 8 from HUC's facility no later than December 31 st, 2026. Any generating set and auxiliary equipment still left on the premise as of December 31 st, 2026 will resort back in rights, title and possession to HUC. Motion by Commissioner Lambert, second by Commissioner Crosby to Approve Sterling Energy LLC Contract 1 st Amendment. Motion carried unanimously. f. Review of 2025 Annual Benchmarking Report Mr. Hunstad presented the 2025 Annual Benchmarking Report. The report this year includes HUC's data in comparison to 121 utilities in the region. The report focuses on distribution system reliability across the country and is customized to each utility that participates in the APPA TRX Reliability. Mr. Hunstad reviewed the SAIDI, SAIFI, and CAIDI Summary along with where HUC ranks to others in the region. Commissioners thanked and congratulated Staff for the hard work. g. Review of 2025 Safety Award of Excellence Mr. Hunstad presented the 2025 Safety Award of Excellence. HUC has earned the Diamond (Top) designation of the American Public Power Association Safety Award of Excellence for safe operating practices in 2025. h. Award Contract for Plant #1 Substation 47MVA Transformer Mr. Lang presented Awarding Contract for Plant #1 Substation 47MVA 4 Transformer. On April 15th, HUC held a bid opening for a 115/13.8kV 47MVA transformer for the Plant #1 Substation 11 RV rebuild project. Four bids were received, of the 4 bids, the lowest bid was disqualified for not providing a performance bond in the amount of 100%, which is required. Staff and DGR Engineering are recommending awarding the contract to Hitachi Energy. If approved, Staff will look into entering into a contract with Hitachi Energy once all documents have been reviewed. Motion by Commissioner Silvernale, second by Commissioner Lambert to Award Contract for Plant #1 Substation 47MVA Transformer. Motion carried unanimously. 9. Adjourn There being no further business, a motion by Commissioner Lambert, second by Commissioner Crosby to adjourn the meeting at 3:38p.m. Motion carried unanimously. v � Matt Cheney, ecretary ATTEST: / Don Martinez, Presid Parks, Recreation & Community Education Advisory Board Meeting Minutes April 6, 2026 Members present were Margo Kaping, Eric Thovson, Chad Czmowski, Kyle Wendling, Josh Kamrath, Liz Stearns, and Ann Lamecker. Staff present Lynn Neumann, Leslie Alberts. Kyle Wendling called the meeting to order at 5:15 pm. Chad Czmowski moved to approve the March 2, 2026, meeting minutes. Eric Thovson seconded the motion. The minutes were approved. Old Business Summer 2026 Brochure o Registration opens April 8 at 9 am Tackle Football Helmet Update o BSN clearanced out white helmets — $10,000 less than going regular -priced black helmets. o Total was $15,000 for all helmets o City budgeted $10,000 and received donations for $6,000. o Will continue to reach out to communities that use them to contribute o Potential to raise the registration fee New Business 2025 PRCE Annual Report Presentation o April 14 — Lynn Neumann will present to council o Reviewed highlights of Annual Report Board Member Items Adjournment • Next meeting is Monday, May 4, 2026 - Location TBD Ann Lamecker moved to adjourn, and Josh Kamrath seconded the motion. The meeting adjourned at 6:30 pm. RA HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Closed Session According to Minnesota Statute 13D.05, subdivision 3(c) Agenda Item: Department: Administration LICENSE SECTION Meeting Date: 6/9/2026 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes 0 BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff will be asking the City Council to consider going into a closed session according to Minnesota Statue 13D.05, Subd. 3(c), for consideration of a easement acquistions in support of the Lakes and Rivers project. Bolton & Menk along with City staff will provide an update on proposed offers for easement acquisitions on two properties. An update of the project will be given to provide context on how the easement acquisitions fit the overall project. BOARD ACTION REQUESTED: Closed session to discuss potential easement acquisitions. Fiscal Impact: Funding Source: Stormwater Funds FTE Impact: Budget Change: No 0 Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A