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cp06-28-22HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, JUNE 28, 2022 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff' committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION (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) New Century Academy Students Service to Oakland Cemetery b) Resolution No. 15471 — Resolution Accepting $6525.00 in Donations from Various Donors for Fireman's Park Project PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council. I,f 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 speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of June 14, 2022 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 Change Order No. 3 — Letting No. 1, Project No. 22-01 (2022 Pavement Management Programs) (b) Consideration for Approval of Authorization to have Mayor and City Administrator Sign Development Agreement With Fire Lake Manufacturing (c) Consideration for Approval of Issuing Short Term Gambling License to St. Anastasia Catholic Church on September 23-25, 2022 CITY COUNCIL AGENDA June28, 2022 (d) Consideration for Approval of Issuing Temporary Liquor License to St. Anastasia Catholic Church on September 23-25, 2022 (e) Consideration for Approval of Resolution No. 15465 — Resolution Adopting Findings of Fact and Reasons for Approval of a Preliminary Plat for Ravenwood South with Favorable Planning Commission Recommendation (f) Consideration for Approval of Resolution No. 15466 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit for Second Drive Thru Lane in a C-4 Zoning District Located at 1510 Montreal Street SE (Culver's) with Favorable Planning Commission Recommendation (g) Consideration for Approval of Resolution No. 15467 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit for a New Dining Hall Building Located at 700 Main Street South (Maplewood Academy) with Favorable Planning Commission Recommendation (h) Consideration for Approval of Resolution No. 15468 — Resolution Adopting Findings of Fact and Reasons for Approval of Lot Split Located at 1545 McDonald Drive SW with Favorable Planning Commission Recommendation (i) Consideration for Approval of Resolution No. 15470 — Resolution to Sell at Auction Surplus Fire Department Property (Crew Cab Pickup) 0) Claims, Appropriations and Contract Payments — Register A 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — 6:00 P.M. - NONE MMUNICATIONS RE UESTS AND PETITIONS purpose of t is portion oj the agenda is to provide the ounci with information necessary to craft wise policy. !des items like monthly or annual reports and communications from other entities.) UNFINISHED BUSINESS 9. APPROVE/DENY ORDINANCE NO. 22-829 —AN ORDINANCE AMENDING CHAPTER 112 — LIQUOR REGULATIONS (SECOND READING AND ADOPTION) NEW BUSINESS 10. APPROVE/DENY AWARDING BIDS FOR BURICH ARENA — EAST RINK/HVAC REPLACEMENT PROJECT AND AUTHORIZING STAFF TO EXECUTE AGREEMENTS 2 CITY COUNCIL AGENDA June28, 2022 11. APPROVE/DENY BIDS ON THE AV PROJECT FOR THE NEW POLICE STATION 12. APPROVE/DENY RESOLUTION NO. 15469 - RESOLUTION APPROVING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE OTTER AND CAMPBELL LAKES RESTORATION PROJECT 13. ANNUAL MEETING TO CONSIDER COMMENTS AND INPUT ON THE STORM WATER POLLUTION PREVENTION PLAN FOR THE CITY OF HUTCHINSON AND APPROVAL OF THE MS4 ANNUAL REPORT FOR 2021 14. APPROVE/DENY RESCHEDULING OF THE AUGUST 9, 2022, CITY COUNCIL MEETING GOVERNANCE (Tie purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 15. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Planning Commission Minutes from February 15, 2022 (b) Public Library Board Minutes from April 25, 2022 (c) Public Arts Commission Minutes from May 11, 2022 (d) Hutchinson Housing & Redevelopment Authority Board Minutes from May 17, 2022 (e) City of Hutchinson Financial Report and Investment Report for May 2022 (f) EDA Board Meeting Minutes from June 1, 2022 (g) EDA Board Special Meeting Minutes from June 10, 2022 MISCELLANEOUS 16. STAFF UPDATES 17. COUNCIL/MAYOR UPDATE ADJOURNMENT HUTCHINSON CITY COUNCIL Cfeyaf Request for Board Action 7A - Agenda Item: New Century Academy students service to Oakland Cemetery Department: PW/Eng LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff Recognition of Gifts/Donations Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: A group of students led by Michelle Stevens Martig, Advisor/Teacher from New Century Academy, spent many hours at the cemetery this spring. They helped us out tremendously by picking up loads and loads of small branches and sticks at the Cemetery. Last year's dry weather and this spring's winds combined to generate small branches and sticks laying all over. The thought of cleaning them up ourselves was overwhelming. All spring, the students faithfully kept at it. We can't remember a Memorial Day when the grounds looked so good, so a great big thank you to the New Century Academy students. BOARD ACTION REQUESTED: No formal action Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSOIIIIi PUBLIC WORKS AND ENGINEERING June 10, 2022 City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-6971 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager CC: Matt Jaunich, City Administrator Kent Exner, DPW/City Engineer Subject: BIG thank you to students and instructors from New Century Academy! Michelle Stevens Martig, Advisor/Teacher from New Century Academy, contacted us earlier this spring to see if there were any projects a group of students could do to help out at the Cemetery. The goal was to give students an opportunity to serve as part of their Community Service Partnership Project. Another goal was to enhance the students' sense of respect for their community through meaningful projects. Runnings set students up with gloves and LeBraaten Bus Company transported students to the Cemetery. We set students up with a wagon and a variety of tools. The work was to pick up small branches and sticks that had blown down. We had a particularly windy spring, following last year's unusually dry conditions, so there were small branches and sticks everywhere. The thought of cleaning everything up ourselves was overwhelming. We were impressed by how respectful the students were of the cemetery grounds. The students faithfully showed up and worked hard each week that it was possible. Each week, the students dove right in and did a fantastic job. The pile of sticks they accumulated each week was always impressive. We were also very grateful the students were quick to communicate anything they saw, so Cemetery staff could respond. Because of the students' enthusiastic and thorough work, it didn't take long for us to notice their efforts were making a significant improvement to the Cemetery. We're very proud of the job the students did. In my 25 years here, I cannot recall any Memorial Day when the grounds at the Cemetery looked so good. Students expressed interest in continuing their service to Oakland Cemetery next year and we'd love to have them back. A great big THANK YOU! to the New Century students, to Michelle and to the other New Century Academy staff. Your efforts are appreciated and do not go unnoticed! The New Century Academy Community Service Partnership Project students and staff that helped out at the Cemetery included: Cheyanne Anderson Student (1 day) Kaylee (Saturn) Barlau Student (Trimester) Amber Bartlett Student (Trimester) Mya Bratts Student (Trimester) Makenzie (Kota) Cacas Student (Trimester) Hugh Hudson Student (Trimester) Marly Kent Student (Trimester) Jenna Krienke Student (Trimester) Hunter Kuhnau Student (1 day) Alexis McGuire -Robinson Student (Trimester) Abril Rodriguez Student (Trimester) Joseph Silva Student (Trimester) Mikayla Silva Student (Trimester) Sergio Silva Student (1 day) Brandon Tannous Student (Trimester) Michelle Stevens Martig Advisor/Teacher (Trimester) Julie Puder Paraprofessional (Trimester) Talia Stark Paraprofessional (1 day) Michelle reported the students enjoyed the experience and would like to work at the Cemetery again this upcoming school year. She let us know the students looked forward to their time at the Cemetery each week. Attached are a couple of group photos of students who participated in the project the entire trimester. --- -- ` `4. 1 ,. l <r - \� 1p i \ � � >�~S�n\ \�}^��' �\���� � ' -� � ` ��\-�% \-■, . | �. lAk - L. / . P a. _ -low ` � ;. .� � � � . • - - � pt . pop Rif. CITY OF HUTCHINSON RESOLUTION NO. 15471 RESOLUTION ACCEPTING DONATIONS 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 I.J. Burich Family Foundation $5,000.00 6/22/2022 State Farm - Mike McGraw $500.00 6/22/2022 State Farm - Steve Kropp $500.00 6/22/2022 State Farm - Kim Kotzer $500.00 6/22/2022 Wesley & Sofia Finkenaur $25.00 6/22/2022 WHEREAS, such donations have been contributed to the City of Hutchinson Fire Department towards the Fireman's park project. WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donations described above are hereby accepted by the City of Hutchinson. Adopted by the City Council this 28th day of June 2022. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 14, 2022 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff' committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, Chad Czmowski, and Pat May. Member absent was Dave Sebesta. Others present were Matt Jaunich, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that Item 12.5 will be added to the agenda. Administration received a temporary liquor license application from the Glencoe Fire Department Relief Association for an event occurring this weekend. Motion by Czmowski, second by Christensen, to approve the agenda with the additional item noted. Motion carried unanimously. 2. INVOCATION — Harvest Mission (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) Proclamation — Lester Schuft Week Mayor Forcier proclaimed June 13-20, 2022, as Lester Schuft Week. PUBLIC COMMENTS is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be 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 speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL Richard Pollei, President of the Greencastle Condominiums Association, presented before the Council. Mr. Pollei noted that the condominiums were built in 1986 and each resident owns their condo. Mr. Pollei noted that each resident pays approximately $55,000/year. Mr. Pollei explained that approximately a year or more ago they were notified that their condominiums would no longer be part of the white good pick up and he asked that that be revisited. He also asked if the City is currently inventorying ash trees for emerald ash borer and if so he requested that the trees on the condominium property be assessed for the disease. Mr. Pollei thanked the council members and police/fire service people for their commitment to the community. He noted his appreciation, as well as many community members appreciation, to all of them. Matt Jaunich informed Mr. Pollei that the city has an arborist who will inspect the trees as requested. CITY COUNCIL MINUTES -June 14, 2022 Mr. Jaunich noted that the city-wide clean up is for properties who pay a monthly garbage bill and that is why Greencastle is not included. The Greencastle Association can certainly reach out to their garbage collector to see if that is a service they would provide. 6. APPROVAL OF MINUTES (a) Council Workshop of May 24, 2022 (b) Regular Meeting of May 24, 2022 Motion by Czmowski, second by May, 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 (a) Consideration for Approval of Engineering Services Agreement for the Edmonton Avenue and Montreal Street Intersection Improvements Preliminary Design (b) Consideration for Approval of Change Order No. 2 - Letting No. 2, Project No. 20-02 (Trunk Hwy 22-7 & Montana Street Improvements) (c) Claims, Appropriations and Contract Payments Motion by Czmowski, second by Christensen, to approve consent agenda. Motion carried unanimously. PUBLIC HEARINGS - 6:00 P.M. 8. REVIEW AND ADOPTION OF THE 5-YEAR CAPITAL IMPROVEMENT PLAN AND AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION STREET RECONSTRUCTION BONDS (a)Consideration for Approval of Resolution No. 15464 - Resolution Approving the Adoption of the City's Five -Year Street Reconstruction Plan and Authorizing the Issuance of General Obligation Street Reconstruction Bonds Andy Reid, Finance Director, presented before the Council. Mr. Reid reminded the Council that the City is unable to utilize the Minnesota Statute 429 bonding process to finance the 2022 pavement management improvements due to an inadequate level of special assessments generated on benefiting properties. The statute requires at least 20% of the total costs to be assessed and the 2022 project is just above 7%. The shortfall is mainly due to a large portion of the improvements fronting City property at Linden Park. Therefore, the City will utilize the Minnesota Statute 475 bonding process instead. 2 CITY COUNCIL MINUTES — June 14, 2022 The Minnesota Statute 475 bonding process calls for a public hearing to review and approve the City's 5-year capital improvement plan which identifies the planned street reconstruction needs. Staff is also requesting that the Council provide preliminary approval for the issuance of General Obligation Capital Improvement Plan bonds with a principal amount not to exceed $2,150,000. After the public hearing a 30-day reverse referendum period starts where voters may submit a petition signed by at least 5% of the votes cast in the last general election in order to require that the bonding authorization be subject to a referendum. If no petition is received within the 30 days or by July 14, 2022, the City will sell the bonds at the July 26, 2022, City Council meeting. The bonds will be issued for a 15-year annuity with the principal and interest paid semi-annually by the City's debt tax levy and special assessments paid by property owners. No public comments were received. Motion by Czmowski, second by May, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Christensen, to approve Resolution No. 15464. Motion carried unanimously. MMUNICATIONS RE UESTS AND PETITIONS purpose oJ t is portion o the agenda is to provide the ounci with information necessary to craft wise policy. !des items like monthly or annual reports and communications from other entities.) 9. PRESENTATION OF 2021 YEAR END REPORT Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that the City's annual comprehensive report for the year ending 2021 is included in the Council packet and will be posted on the City's website. The report is a collection of department year end reports into one document. UNFINISHED BUSINESS NEW BUSINESS 10. APPROVE/DENY ISSUING MASSAGE LICENSE TO SAMANTHA HOVDA LOCATED AT 21 MAIN STREET NORTH SUITE 5 Motion by Czmowski, second by May, to approve issuing massage license to Samantha Hovda at 21 Main Street North Suite 5. Motion carried unanimously. 11. APPROVE/DENY UPDATED EMPLOYEE UNIFORM AND CLOTHING POLICY Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the original Employee Uniform and Clothing policy was approved in April 2019. The policy sets a clothing allowance for certain positions within the city, mainly those working outdoors and indoor maintenance. With recent inflationary increases, city staff is recommending a 20% increase to the existing allowance CITY COUNCIL MINUTES June 14, 2022 amounts which are paid out 50% in January and 50% in July. Mr. Reid shared the three categories of employment and the reimbursements noted for each. Motion by Christensen, second by Czmowski, to approve updated employee uniform and clothing policy. Motion carried unanimously. 12. APPROVE/DENY ORDINANCE NO. 22-829 — AN ORDINANCE AMENDING CHAPTER 112 — LIQUOR REGULATIONS (FIRST READING) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that recently the state legislature made some changes to the liquor statute. A couple of the changes effect licenses the city may now issue and also effect brewery sales. Therefore, staff is recommending that the city's liquor ordinance be amended to allow for these legislative changes. The first is to authorize issuing on -sal - wine licenses and on -sale malt liquor licenses to owners of amateur baseball teams. The second is to allow brewers to sell cans of beer in six-pack quantities instead of growlers only. Other minor revisions made to the ordinance were to clean up language that is outdated. Motion by May, second by Christensen, to approve first reading of Ordinance No. 22-829. Motion carried unanimously. 12(B) APPROVE/DENY ISSUING TEMPORARY LIQUOR LICENSE TO GLENCOE FIRE DEPARTMENT RELIEF ASSOCIATION Matt Jaunich noted that late last week/early this week the City received a completed application from the Glencoe Fire Department Relief Association to provide liquor at the National Tractor Pull being held this weekend at the McLeod County Fairgrounds. Motion by Czmowski, second by May, to approve issuing temporary liquor license to Glencoe Fire Department Relief Association on June 17 & 18, 2022, at McLeod County Fairgrounds.. Motion carried unanimously. GOVERNANCE (T ze purpose o t is portion of the agenda is to deal with organizational development issues, in cludingpolicies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 13. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Hutchinson Utilities Commission Minutes from April 27, 2022 MISCELLANEOUS 14. STAFF UPDATES Kent Exner — Mr. Exner provided project updates. Matt Jaunich — Mr. Jaunich noted that the Coalition of Greater Minnesota Cities annual conference is being held in July. If any council members are interested in attending, they should let him know. 15. COUNCIL/MAYOR UPDATE Chad Czmowski — Council Member Czmowski raised some traffic/pedestrian issues with Kent Exner. Council Member Czmowski also noted that a special meeting was called last Friday for an issue that should have been addressed at an earlier regular meeting. He expressed that special meetings should be 0 CITY COUNCIL MINUTES —June 14, 2022 called for perhaps higher priority issues. Kent Exner also raised concerns with tent stakes being drilled into a newly paved parking lot such as with this event. Mary Christensen — Council Member Christensen asked Mr. Exner look at the intersection of Hwy 15 South/Lynn Road when turning off of Hwy 15 onto Lynn Road heading north and perhaps the stop sign should be changed to a yield sign. Gary Forcier — Mayor Forcier read an announcement on behalf of Lynn Neumann, PRCE Director, in regard to seeking public input on the splash pad design. More detailed information will be provided in West River Park during the boat parade this Thursday. Information will also be posted on the City's web site. All Council Members mentioned Water Carnival events happening this week. ADJOURNMENT Motion by May, second by Czmowski, to adjourn at 6:30 p.m. Motion carried unanimously. FR Fs HUTCHINSON CITY COUNCIL H UTC H I N SO N Request for Board Action A CITY ON PURPOSE. Approval of Project Change/Work Orders and Supplemental Agreements Agenda Item: Department: PW/Eng LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As construction has proceeded on the below listed projects there has been additional work, project scope revisions, and/or construction completion date changes. The items specified below have been identified and deemed necessary to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders, Supplemental Agreements and/or Work Orders are proposed as noted- - Change Order No. 3 — Letting No. 1/Project No. 22-01 — 2022 Pavement Management Project. This Change Order addresses the poor soils, large pipe trenches, and paving the 1.5" wear course next spring on Sunset Street SW, Neal Avenue SW and Laura Avenue SW resulting in a increase to the Contract in the amount of $21,015.85. BOARD ACTION REQUESTED: Approval of Change Orders Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON, MN CHANGE ORDER - — Engineering Dept, 111, Hassan St SE, Hutchinson MN 55350 A CITY ON PURPOSE. 320-234-4209 06/28/2022 SP/SAP(s) NA MN Project No.: NA Change Order No. 3 Project Description: 2022 Pavement Management Program City rPr ject L1/P22-01 Keith Street SW (South Grade Road to Neal Avenue), Neal Avenue SW (Keith Street to Sunset Street), Sunset Street SW Location (South Grade Road to Linden Avenue), Laura Avenue SW (Approx. 150 LF West of Sunset Street to Sunset Street) and Linden Avenue SW (Dale Street to Harrington Street) F Agency City of Hutchinson Local Project No. actor Landwehr Construction, Inc. eContract No. ss/City/State/Zip 846 S 33rd St, PO Box 1086, St. Cloud, MN 56302 Change Order Amount $ $21,016.85 Issue: Poor soils and large pipe trenches creates a concern for potential settelment issues in the spring. Resolution: Paving the i.5" wear course next spring on Sunset Street SW, Neal Avenue SW and Laura Avenue SW yL1/P22-01 -;L1/P22-01 Estimate Of . "GEaup+fundi + or — + or — ng Category Item No. Description Unit Unit Price Quantity Amount $ Change 2021.501 Spring 2023 Mobilization Lump Sum $7,000.00 1 $7.000.0 Order 3 Change Order 3 2360.504 Type SP 9.5 Wearing Course Mixture (2,C) 1.5" Thick SQ YD $8.90 -8'125 (S72,312.50 Change 2360.504 Type SP 9.5 Wearing Course Mixture (2,C) 1.5" Thick SQ YD $10.35 8125 $84,093.7 Order 3 Change 2357.502 Bituminous Material for Tack Coat Gallon $2.50 -585 ($1.462.50, Order 3 Change 2357.502 Bituminous Material for Tack Coat Gallon $2.80 585 $1,638.00 Order 3 Change 2331.603 Joint Adhesive Lin Ft $0.78 -4306 --3 38: Order 3 Change 2331.603 Joint Adhesive Lin Ft $1.13 4306 $4,865.7B Order 3 Change Detail Milling Removal & Ramping Edges Lin Ft $13.80 40 5552.00 Order 3 Net Change this Change Order $21,D16.85 —Group/funding category is required for federal aid projects \pproved by Project Engineer: Kent Exner Approved by Contractor: Landwehr Construction. Inc. iigned: Signed: )ate: 06/28/2022 Phone: 320-234-4212 Printed Name: City Council Approval: 06/28/2022 Date: Phone: 320-252-1494 cR HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. AUTHORIZATION FOR MAYOR & CITY ADMINISTRATOR TO SIGN Agenda Item: DEVELOPMENT AGREEMENT WITH FIRE LAKE MANUFACTURING Department: EDA LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: none Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The Hutchinson EDA authorized a loan of $35,000 from the Economic Development Loan Fund to Fire Lake Manufacturing to assist them with their move into a larger building on Hwy 7. As part of that loan, a Development Agreement was agreed to in which Fire Lake Manufacturing will create one (1) additional full-time job within the next 24 months. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: Authorization for Mayor & City Administrator to sidn Development Agreement Fiscal Impact: Funding Source: FTE Impact: Budget Change: 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 DEVELOPMENT AGREEMENT BETWEEN CITY OF HUTCHINSON, MINNESOTA AND FIRELAKE MFG., LLC Dated as of June , 2022 THIS INSTRUMENT DRAFTED BY: Marc Sebora TABLE OF CONTENTS ARTICLE 1 DEFINITIONS............................................................................................ 1 Section 1.1 Definitions................................................................................ 1 ARTICLE 2 REPRESENTATIONS AND WARRANTIES...................................................... 3 Section2.1 By the City.................................................................................. 3 Section 2.2 By the Developer........................................................................ 3 ARTICLE 3 USE, OWNERSHIP OF THE DEVELOPMENT PROPERTY; RESTRICTIONS......... 4 Section3.1 Use.......................................................................................... 4 Section 3.2 Damage or Destruction................................................................ 4 ARTICLE 4 COMPLETION OF PROJECT........................................................................ 4 Section 4.1 Undertaking of Project.................................................................. 4 Section 4.2 Access to Property...................................................................... 4 ARTICLE 5 DEFENSE OF CLAIMS; INSURANCE............................................................ 5 Section 5.1 Defense of Claims..................................................................... 5 Section 5.2 Insurance................................................................................ 6 ARTICLE 6 PUBLIC ASSISTANCE................................................................................ 6 Section 6.1 Development Costs; Public Assistance ........................................... 6 Section 6.2 Conditions Precedent to Public Assistance ....................................... 6 Section 6.3 Repayment of Loan; Personal Guarantees ....................................... 7 Section 6.4 Obligations of Developer............................................................... 7 ARTICLE 7 PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER ............................... 7 Section 7.1 Transfer of Property and Assignment .............................................. 7 Section 7.2 Termination of Limitations on Transfer ............................................. 7 ARTICLE 8 EVENTS OF DEFAULT; FEES....................................................................... 7 Section 8.1 Events of Default......................................................................... 7 Section 8.2 Remedies on Default.................................................................... 8 Section 8.3 No Remedy Exclusive................................................................... 9 Section8.4 Waivers...................................................................................... 9 Section 8.5 Agreement to Pay Attorney's Fees ................................................... 9 ARTICLE 9 BUSINESS SUBSIDY STATUTE..................................................................... 9 Section 9.1 Statutory Requirements................................................................. 9 Section 9.2 Not a Business Subsidy................................................................. 9 Section 9.3 Public Purpose of the Loan..............................................................9 Section 9.4 Goals of the Loan..........................................................................9 Section 9.5 Reporting Requirements.................................................................10 ARTICLE 10 GENERAL PROVISIONS..............................................................................10 Section 10.1 Conflicts of Interest; City Representatives Not Individually Liable........... 10 Section 10.2 Equal Employment Opportunity...................................................... 10 Section 10.3 Non-Discrimination........................................................................10 Section 10.4 Titles of Articles and Sections..........................................................11 Section 10.5 Term of Agreement....................................................................... 11 Section 10.6 Provisions Surviving Termination..................................................... 11 ARTICLE 11 ADMINISTRATIVE PROVISIONS...................................................................11 Section11.1 Notices.......................................................................................11 Section 11.2 Binding Effect.............................................................................. 11 Section 11.3 Severability................................................................................. 11 Section 11.4 Amendments, Changes and Modifications ......................................... 11 Section 11.5 Further Assurances and Corrective Instruments..................................12 Section 11.6 Execution Counterparts................................................................. 12 Section 11.7 Applicable Law ................................................... ............ 12 Schedule A Development Property........................................................... ..15 Schedule B Equipment to be Acquired................................................................16 Exhibit A Form of Personal Guarantee.............................................................17 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is made as of June _, 2022, by and between the City of Hutchinson, Minnesota, a Minnesota municipal corporation (the "City"), and Fire Lake Mfg., LLC, a Minnesota limited liability company (the "Developer"). WITNESSETH: WHEREAS, in order to promote job creation in the community and strengthen the local economy the City Council has determined that providing a loan to Fire Lake MFG., LLC is both necessary and appropriate; and WHEREAS, the City believes that the Development activities associated with the Project pursuant to this Agreement are in the best interests of the City and benefits the health, safety, morals and welfare of its residents, and complies with the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations set forth in this Agreement, the parties hereto hereby agree as follows: ARTICLE 1 Definitions Section 1.1 Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended or supplemented. place. "Approval Date" means the date upon which the final execution of this agreement takes "Benefit Date" is the date when the loan is closed. "Business Subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, and reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business, and as defined by the Business Subsidy Statute. "Business Subsidies Act" means Minnesota Statutes, Sections 116J.993 through 116J.995. "Business Subsidy Report" means the annual report required to comply with M.S. 116J.994 Subd. 7.(b). "Capital Investment" means any investment that is defined as depreciable for purposes of the U.S. Internal Revenue Service. 1IPage "City" means the City of Hutchinson, Minnesota. "City Council" means the City Council of the City of Hutchinson, Minnesota. "Default Notice" means written notice from the City to the Developer setting forth the Event of Default and the action required to remedy the same. "Developer" means Fire Lake MFG., LLC, a Minnesota limited liability company, and its successors and assigns and is synonymous with "Qualified Business." "Development Property" means the building being leased at 373 Hwy 7 East, Hutchinson, MN 55350. "Event of Default" means as any of the events set forth in Article 8, hereof. "Full Time Equivalent Job" means those jobs in which an employee, or multiple employees whose combined time on the job, totals to at least 2,080 hours of work within a 12- month period. "McLeod County" means the County of McLeod, Minnesota, a political subdivision of the State of Minnesota. "Person" means an individual, corporation, partnership, Limited Liability Company, association or any other entity. "Project" means the leasehold improvements to be made at 373 Hwy 7 East, Hutchinson, Mn 55350. "Project Costs" means certain costs incurred and to be incurred by the Developer in the acquisition and construction of the Project, the estimated types and amounts of which are shown on Schedule B to this Agreement. "Qualified Business" means Fire Lake MFG., LLC, a Minnesota limited liability company, and its successors and assigns and is synonymous with "Developer." "Property" means the same as "Development Property." "Public Assistance" means a loan from the City to the Developer. "Section" means a Section of this Agreement, unless used in reference to Minnesota Statutes. "State" means the State of Minnesota. "Unavoidable Delay" means a failure or delay in a party's performance of its obligations under this Agreement, or during any cure period specified in this Agreement which does not entail the mere payment of money, not within the parry's reasonable control, including but not limited to acts of God, governmental agencies, the other party, strikes, labor disputes (except disputes which could be resolved by using union labor), fire or other casualty, or lack of materials; provided that within ten (10) days after a party impaired by the delay has knowledge of the delay it shall give the other party notice of the delay and the estimated length of the delay, and shall give the other party notice of the actual length of the delay within ten (10) days after 2 1 P a g e the cause of the delay has ceased to exist. The parties shall pursue with reasonable diligence the avoidance and removal of any such delay. Unavoidable Delay shall not extend performance of any obligation unless the notices required in this definition are given as herein required. ARTICLE 2 Representations and Warranties Section 2.1 By the City. The City makes the following representations to the Developer: (a) The City is a municipal corporation duly organized and existing under the laws of Minnesota. Under the provisions of the Minnesota Business Subsidies Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. Section 2.2 By the Developer. The Developer represents and warrants that: (a) The Developer is a Minnesota limited liability company, has power to enter into this Agreement and has duly authorized, by all necessary corporate action, the execution and delivery of this Agreement. (b) The Developer shall, subject to Unavoidable Delays, complete the Project in accordance with the terms of this Agreement, and all local, state and federal laws and regulations. (c) At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental laws and regulations applicable to the Improvements, and will have obtained any and all necessary environmental reviews, licenses, clearances and approvals. The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer or the City with respect to the Development Property may be or will be in violation of any environmental law or regulation. The Developer is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure with respect to the Development Property. (d) Neither the execution or delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with, or results in a breach of, any restriction, agreement or instrument to which the Developer is now a party or by which the Developer is bound. (e) The Developer (i) is not in default in the payment of the principal of or interest on any indebtedness for borrowed money; or (ii) is not in default under any instrument or agreement under and subject to which any indebtedness for borrowed money has been issued. (f) The Developer has no knowledge or information that any member of the City Council or any other officer of the City has any direct or indirect financial interest in the Developer, the Development Property or the Project. 3 1 P a g e (g) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state and federal laws and regulations which must be obtained or met in connection with the Project. Without limitation to the foregoing, the Developer will request and seek to obtain from the City all necessary variances, conditional use permits and zoning changes. (h) Apart from the assistance to be provided under this Agreement, the Developer shall pay all standard charges and fees due with respect to real estate developments and allocable to the Development Property under City ordinances and the City Code, including but not limited to special assessments for local improvements, sewer and water use charges, building permit fees, plat fees, inspection fees, storm water fees and the like used against the Development Property. ARTICLE 3 Use, Ownership of Development Property; Restrictions Section 3.1 Use. The Developer's use of the Development Property shall be subject to and in compliance with all of the conditions, covenants, restrictions and limitations imposed by this Agreement, and all applicable laws, ordinances and regulations. Section 3.2 Damage or Destruction. Upon any damage or destruction of the Project, or any portion thereof, by fire or other casualty, the Developer shall within one hundred twenty (120) days after such damage or destruction, commence the process required to repair, reconstruct and restore the damaged or destroyed Project, or portion thereof, to substantially the same condition or utility value as existed prior to the event causing such damage or destruction and shall diligently pursue such repair, reconstruction and restoration. ARTICLE 4 Completion of the Project Section 4.1 Undertaking of Project. Subject to Unavoidable Delays, the Developer will complete the Project by December 31, 2022, and all in accordance with the terms of the Project Description. Section 4.2 Access to Property. The Developer agrees to permit the City and any of its officers, employees or agents access to the Development Property for the purpose of inspection of all work being performed in connection with the Project; provided, however, that the City shall have no obligation to inspect such work. ARTICLE 5 Defense of Claims; Insurance Section 5.1 Defense of Claims. (a) The Developer shall indemnify and hold harmless the City, its governing body members, officers, and agents including the independent contractors, consultants, and legal counsel, servants and employees thereof (hereinafter, for the purposes of this Section, collectively the "Indemnified Parties") for any expenses (including reasonable attorneys' fees), loss, damage to property, or death of any person occurring at or about, or resulting from any defect in the Project; provided, however, the Developer shall not be 4 1 P a g e required to indemnify any Indemnified Party for any claims or proceedings arising from any negligent or unlawful acts or omissions of such Indemnified Party. Promptly after receipt by the City of notice of the commencement of any action in respect of which indemnity may be sought against the Developer under this Section 5.1, such person will notify the Developer in writing of the commencement thereof, and, subject to the provisions hereinafter stated, the Developer shall assume the defense of such action (including the employment of counsel, who shall be counsel satisfactory to the City) and the payment of expenses insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the Developer. The City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Developer unless the employment of such counsel has been specifically authorized by the Developer. Notwithstanding the foregoing, if the City has been advised by independent counsel that there may be one or more legal defenses available to it which are different from or in addition to those available to the Developer, the Developers shall not be entitled to assume the defense of such action on behalf of the City, but the Developer shall be responsible for the reasonable fees, costs and expenses (including the employment of counsel) of the City in conducting its defense. The Developer shall not be liable to indemnify any person for any settlement of any such action effected without the Developer's consent. The omission to notify the Developer as herein provided will not relieve the Developer from any liability which they may have to any Indemnified Party pursuant hereto, otherwise than under this section. (b) The Developer agrees to protect and defend the Indemnified Parties, and further agrees to hold the aforesaid harmless, from any claim, demand, suit, action or other proceeding whatsoever by any person or entity arising or purportedly arising from the actions or inactions of the Developer (or other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement or to any actions undertaken by the City which are not contemplated by this Agreement but shall, in any event, apply to any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or penalty is paid by the City at a rate equal to the Prime Rate) as a result of the Project, as completed and operated by the Developer. (c) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City, as the case may be. Section 5.2 Insurance. (a) The Developer shall keep and maintain the Development Property and Project at all times insured against such risks and in such amounts, with such deductible provisions, as are customary in connection with facilities of the type and size comparable to the Improvements, and the Developer shall carry and maintain, or cause to be carried and maintained, and pay or cause to be paid timely the premiums for direct damage insurance covering all risks of loss, including, but not limited to, the following: (1) fire 5 1 P a g e (2) extended coverage perils (3) vandalism and malicious mischief (4) boiler explosion (but only if steam boilers are present) (5) collapse on a replacement cost basis in an amount equivalent to the full insurable value thereof. ("Full insurable value" shall include the actual replacement cost of the Project without deduction for legal or administrative fees or for depreciation.) The policies required by this Section 5.2 shall be subject to a no coinsurance clause or contain an agreed amount clause, and may contain a deductibility provision not exceeding $10,000. (b) Subject to the terms of any mortgage relating to the Development Property, policies of insurance required by this Section 5.2 shall insure and be payable to the Developer, and shall provide for release of insurance proceeds to the Developer for restoration of loss. The City shall be furnished certificates showing the existence of such insurance. In case of loss, the Developer is hereby authorized to adjust the loss and execute proof thereof in the name of all parties in interest. The Developer shall annually file with the City a schedule describing all such policies in force, including the types of insurance, names of insurers, policy numbers, effective dates, terms of duration or any other information the City deems pertinent. Such list shall be accompanied by a certificate executed by the Developer stating that, to the best of the knowledge of the Developer, insurance on the Improvements then in force complies with this Section 5.2. ARTICLE 6 Public Assistance Section 6.1 Development Costs; Public Assistance. The Developer has agreed to and shall be responsible to pay all of its respective costs of the Project, as herein provided. However, the City, in order to encourage the Developer to proceed with the construction of the Project, and to assist the Developer in paying the costs thereof, is willing to provide the following Public Assistance: (a) A loan in the amount of $35,000 for 84 months at a fixed annual interest rate of 5%. (the "Loan"). Section 6.2 Conditions Precedent to Public Assistance. Notwithstanding anything to the contrary contained herein, the City's obligation to provide the Public Assistance as stated in Section 6.1 shall be subject to satisfaction, or waiver in writing by the City, of all of the following conditions precedent: 0) the Developer shall not be in default under the terms of this Agreement; and (ii) the Developer shall have closed on financing sufficient to pay all costs to be incurred in connection with the Project. In the event that all of the above conditions required to be satisfied as provided in this Section 6.3 have not been satisfied by December 31, 2022, either the City or the Developer may terminate this Agreement. Upon such termination, the provisions of this Agreement relating to the Project shall terminate and, except as provided in Article 8, neither the Developer nor the City shall have any further liability or obligation to the other hereunder. 6 1 P a g e Section 6.3 Repayment of Loan; Personal Guarantees The Developer shall repay the Loan in accordance with its terms. Kent Wischmann, as the controlling owner of the Developer, shall execute and deliver to the City an agreement guaranteeing all indebtedness, liabilities and obligations of the Developer under this Agreement, including the obligation to repay the Loan, in substantially the form of Exhibit A hereto. Section 6.4 Obligations of Developer. In consideration for the City Assistance provided in Section 6.1, the Developer commits to: (a) Create 1 new Full -Time Equivalent (FTE) job on the Development Property within two (2) years of the Benefit Date. (b) Provide a cash wage (exclusive of benefits) for the new FTE jobs created of at least equal to the U.S. Department of Health and Human Services Poverty Level for a family of four as of the date this agreement is signed. (As of January 12, 2022 this was $13.34 per hour or $27,750 annually) (c) Obtain, and keep in force, a key person life insurance policy in an amount sufficient to repay the Loan to the City, naming the City as beneficiary. A copy of the policy shall be provided to the City. ARTICLE 7 Prohibitions Against Assignment and Transfer Section 7.1 Transfer of Property and Assignment. The Developer has not made and will not make, or suffer to be made, any total or partial sale, assignment, conveyance, lease, or other transfer, with respect to this Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same. Section 7.2 Termination of Limitations on Transfer. The provisions of Section 7.1 shall terminate at such time as the Loan shall have been paid in full in accordance with its terms. ARTICLE 8 Events of Default; Fees Section 8.1 Events of Default. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events which occurs and continues for more than thirty (30) days after notice by the defaulting party of such default (and the term "default" shall mean any event which would with the passage of time or giving of notice, or both, be an "Event of Default" hereunder): (a) Failure of the Developer to complete the Project by December 31, 2022. (b) Failure by the Developer to satisfy the requirements of Section 6.4 hereof. (c) Failure of the Developer to pay to the City any amounts required to be paid by the Developer hereunder. 7 1 P a g e (d) Failure of the Developer or the City to observe and perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (e) Failure of the Developer to pay any taxes and / or assessments on the Development Property as they become due. (f) Filing of any voluntary petition in bankruptcy or similar proceedings by the Developer; general assignment for the benefit of creditors made by the Developer or admission in writing by the Developer of inability to pay its debts generally as they become due; or filing of any involuntary petition in bankruptcy or similar proceedings against the Developer which are not dismissed or stayed within sixty (60) days. Section 8.2 Remedies on Default. In the event the City desires to exercise any of its rights or remedies as provided herein or otherwise available to the City at law or in equity, the City shall first provide written notice to the Developer setting forth with specific particularity the Event of Default and the action required to cure or remedy the same (the "Default Notice"). The Developer shall have thirty (30) days from receipt of a Default Notice to cure or remedy the Event of Default specified in the Default Notice, or such longer period as may be reasonably required to complete the cure as soon as reasonably possible under the circumstances. If, following the Developer's receipt of a Default Notice, the Developer does not cure or remedy the Event of Default therein specified within the time provided above, the City may take any one or more of the following actions at any time prior to the Developer's curing or remedying the Event of Default: (a) Suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. (b) Terminate all rights of the Developer under this Agreement. (c) Immediately call the Loan. (d) Take whatever action at law or in equity may appear necessary or desirable to the City to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. In the event the City should fail to observe or perform any covenant, agreement or obligation of the City on its part to be observed and performed under this Agreement, the Developer may take any one or more of the following actions: (a) Suspend its performance under this Agreement until it receives assurances from the City, deemed adequate by the Developer that the City will cure its default and continue its performance under this Agreement. (b) Terminate all rights of the City under this Agreement. (c) Take whatever action at law or in equity may appear necessary or desirable to the Developer to enforce performance and observance of any obligation, agreement, or covenant of the City under this Agreement. 8 1 P a g e Section 8.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or to the Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Developer to exercise any remedy reserved to them, it shall not be necessary to give notice, other than such notice as may be required under this Agreement. Section 8.4 Waivers. All waivers by any party to this Agreement shall be in writing. If any provision of this Agreement is breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 8.5 Agreement to Pay Attorneys' Fees. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefore, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. ARTICLE 9 Business Subsidy Statute Section 9.1 Statutory Requirements. Whereas compliance with provisions of the Minnesota business subsidy statutes (M.S. 116J.993 — 116J.995) require the following, the parties to this Agreement agree to the following: Section 9.2 Not a Business Subsidy. Per M.S. 116J.993 Subd.3 the loan does not qualify as a Business Subsidy. Section 9.3 Public Purpose of the Loan. As required by statute, the Business Subsidy must be for a public purpose. In this instance the public purposes are to: (1) Enhance the economic diversity of the city (2) Create high quality job growth (3) Stabilize the community Section 9.4 Goals of the Loan. The measurable, specific and tangible goals of the loan shall include: (1) The Qualified Business shall create 1 new FTE jobs within two (2) years of the Benefit Date. (2) The Qualified business shall provide a cash wage (exclusive of benefits) for the new FTE jobs created of at least equal to the U.S. Department of Health and 9 1 P a g e Human Services Poverty Level for a family of four as of the date this agreement is signed. (As of January 12, 2022 this was $13.34 per hour or $27,750 annually) Section 9.5 Reporting Requirements. Per M.S. 116J.994 Subd.8, the Developer must provide the following information annually on or before the anniversary of the Benefit Date or until the Goals of the Loan are achieved: (1) Total project budget (2) List of all financial assistance by all grantors for the project and private sources of financial assistance (3) Number of jobs created (4) Hourly wage of each job created (5) Cost of health insurance provided (6) Date the project was completed (7) Name and address of the parent corporation of the Developer, if any. ARTICLE 10 General Provisions Section 10.1 Conflicts of Interest; City Representatives Not Individually Liable. No council member, official, employee, or consultant or employees of the consultants of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such council member, official, employee or consultant or employees of the consultants of the City participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No council member, official, employee, or consultant or the employees of the consultants of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City for any amount which may become due to the Developer or successors or on any obligations under the terms of this Agreement. Section 10.2 Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that it will comply with any applicable affirmative action and nondiscrimination laws or regulations. Section 10.3 Non -Discrimination. The Developer agrees for itself, and its successors and assigns, that it shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Development Property or any improvements erected or to be erected thereon, or any part thereof. Section 10.4 Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 101Page Section 10.5 Term of Agreement. This Agreement shall terminate upon the earlier of the date of repayment of the Loan, or when the City and the Developer agree in writing to terminate this Agreement; it being expressly agreed and understood that the provisions of this Agreement are intended to survive the expiration and satisfaction of any security instruments placed of record contemporaneously with this Agreement, if such expiration and satisfaction occurs prior to the expiration of the term of this Agreement, as stated in this Section 10.5. Upon the expiration or termination of this Agreement, any security instrument(s) placed of record in conjunction with the Agreement shall be deemed to cause the automatic termination of such security instrument(s). Section 10.6 Provisions Surviving Termination. Sections 5.1 and 8.5 hereof shall survive any termination, rescission, or expiration of this Agreement with respect to or arising out of any event, occurrence, or circumstance existing prior to the date thereof. ARTICLE 11 Administrative Provisions. Section 11.1 Notices. All notices, certificates or other communications required to be given to the City and the Developer hereunder shall be sufficiently given and shall be deemed given when hand delivered or accepted or refused for delivery after deposited in the United States mail in certified form/return receipt requested, with postage fully prepaid and addressed as follows: If to the City: City of Hutchinson City Hall 111 Hassan Street SE Hutchinson, Minnesota 55350 Attn: City Administrator If to the Developer: Fire Lake Mfg., LLC 373 Hwy 7 East Hutchinson, MN 55350 Attn: Kent Wischmann The City and the Developer, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications should be sent. Section 11.2 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective successors and assigns. Section 11.3 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 11.4 Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified only by written amendment authorized and executed by the City and the Developer. 11 JPage Section 11.5 Further Assurances and Corrective Instruments. The City and the Developer agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Project or for carrying out the expressed intention of this Agreement. Section 11.6 Execution Counterparts. This Agreement may be simultaneously executed in several counterparts, including electronic signatures, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 11.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota and the venue for any and all actions arising out of this agreement shall be McLeod County , Minnesota, without giving effect to the conflicts - of -laws principles thereof. 121Page IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first above written. CITY OF HUTCHINSON, MINNESOTA By And Mayor City Administrator FIRE LAKE MFG, LLC Its 131Page STATE OF MINNESOTA ) COUNTY OF MCLEOD ) SS. The foregoing instrument was acknowledged before me this day of 2022, by Gary Forcier, the Mayor, and Matt Jaunich, the City Administrator, of the City of Hutchinson, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. IN WITNESS WHEREOF, I have set my hand and my official seal this day of .2022. Notary Public STATE OF MINNESOTA ) COUNTY OF L ) SS. The foregoing instrument was acknowledged before me this day of (f, , 2022, by J,�e-y4 Qischrno-rh , the owner of Fire Lake Mfg., LLC, a Minnesota limited liability company, on behalf of the company. IN WITNESS WHEREOF, I have set my hand and my official seal this 1lo day of -u rN P— , 2022. Nota Public LAURA L. BARCHENGER Notary Public -Minnesota My Commission Expires Jan 31, 2027 14'Page TAX PARCEL SCHEDULE A DEVELOPMENT PROPERTY Parcel Number Address 23-516-0030 373 Hwy 7 East Hutchinson, Minnesota, 55350 LEGAL DESCRIPTION Lot 3, Block 1, 7 East Business Park City of Hutchinson, McLeod County, Minnesota 151Pagc EXHIBIT A FORM OF GUARANTY GUARANTY AGREEMENT FOR VALUE RECEIVED and to enable FIRE LAKE MFG., LLC, a Minnesota Limited Liability Company, hereinafter designated as "Borrower," to obtain a loan from the CITY OF HUTCHINSON ("Lender"), I hereby request Lender to extend to said Borrower such credit as Lender may deem proper, and I hereby guarantee the full and prompt payment to Lender at maturity, and at all times thereafter, and also at the time hereinafter provided, of the balance owing pursuant to a certain Promissory Note dated June , 2022, of Thirty -Five Thousand and no/100 Dollars, ($35,000), and all renewals and extensions thereof, and I also agree to pay in addition thereto, all costs, expenses and reasonable attorney's fees at any time paid or incurred in endeavoring to collect said indebtedness, liabilities and obligations, and in and about enforcing this instrument. All diligence in collection, and all presentment for payment, demand, protest, notice of protest, and notice of nonpayment, dishonor and default, and the acceptance of this Guaranty, and of any and all extensions of credit hereunder, are hereby expressly waived. Authority and consent are hereby expressly given to Lender from time to time, and without any notice to the undersigned, to give and make such extensions, renewals, indulgences, settlements and compromises as it may deem proper with respect to any of the indebtedness, liabilities and obligations covered by the Guaranty, including the taking or releasing of security and surrendering of documents. In case of death, dissolution, liquidation, failure, insolvency or bankruptcy of said Borrower, all of said indebtedness, liabilities and obligations, to the extent of the amount of this Guaranty, shall, at the option of the Lender, become immediately due from, and be forthwith paid by the undersigned to the Lender, the same as through said debts, liabilities and obligations had matured by lapse of time. This Guaranty shall be construed according to the laws of the State of Minnesota, in which state it shall be performed by the undersigned, and the venue for any and all actions arising out of this agreement shall be McLeod County, Minnesota. This Guaranty shall be binding upon the undersigned and upon the legal representatives, successors and assigns of the undersigned, and each of them respectively, and shall inure to the benefit of the Lender, its successors, legal representatives and assigns. Signed and sealed by the undersigned, at Hutchinson, Minnesota, this day of June, 2022. Kent Wischmann, individually HUTCHINSON CITY COUNCIL c`=yaf Request for Board Action 7AZ O-m- Agenda Item: Short -Term Gambling License - St. Anastasia Catholic Church Department: Administration LICENSE SECTION Meeting Date: 6/28/2022 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑✓ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: St. Anastasia Catholic Church has submitted a short-term gambling license application into administration for review and processing. The application is for an event the church is holding September 23-25, 2022. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short-term gambling license to St. Anastasia Catholic Church September 23-25, 2022. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: City of 1.11 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151/Fax: (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Short Term Date(s)lWontUkRea�r-M c a ,-- Fee: $30.00 + MavlYear Name Phone Number q Len la K, % ;ST , ' AuWl can NW 553s b Address where regular meeting are held City State Zip Day and time of meetings? 5 Qp-t " 0 Is this organization organized under the laws of the State of MinnJsota? t*v"es ❑ no How long has the organization been in existence? (( How Lmay membfirs in the organization? &o What is the purpose of the organization?CQX In whose custody will gantzarion ecord be kep ame Phone Number quo la-K�4 - �6 o ft) -sa ��� Address Cit •_ State Zip Duly Authorized Officer ofijhe-0Mmikation Information True Name Phone Numb Residence Address City State Zip 'I Date of Birth: � / Z-,3 / ! 9S4 Place of Birth: 0tu> c.C(�K 'gN Monthlday/year City/ State Have you ever been convicted of any crime other than a traffic offense? ❑ yes Kno If yes, explain: City of Hutchinson Application for Bingo Gambling Devices License Page 2 of3 under /P. rr4aL- We -F)an-()q195 (1 True Name Phone Number Residence Address City State Zip Date of Birth: C� $� / �.�/ 19-C4 Place of Birth: r " ``� I Month/day/year city yy State Have you ever been convicted of any crime other than a traffic offense? El yes X0 If yes, explain: How long have you been a member of the organization? �,�xk&) Game, Information Location #1�� Name of location where game will be played Phone Number qCvo 1aKR S i�,��4c1n_i1► nn O 55350 Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: a al through AM Hours of the day gambling devices will b sed: From � To AM Maximum number of player: Will prizes be paid in money or merchandise? 5 oney ❑ merchandise Will refreshments be served during the time the gamblinyes ices will be used? <Yes El no If es will a charge be made for such refreshments? ❑ no Game Information _ Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From -pM To p'M Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no Officers of the Or anization i necessa , list additional names on separate sheet r�cx) • -?UO CA Name Title 1 izc) POQ- f -A:2 &ice Lach,n�r�n VKo .SS3Sc� Residence Address City State Zip Name Title Residence Address City State Zip City of Hutchinson Application for Bingo Gambling Devices License Page 3 of 3 Name Residence Address Title State Officers or Other Persons Paid for Services Information ffnecesswy, list additional names on se orate sheet Name Title Residence Address City State zip Name Title Residence Address City State zip Name Title Residence Address city State zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and <yes MinnStatutesChapter 349)? Gambling Manager ❑ no T t/LJ Authorized Officer yes ❑ no Initial Initial 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. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. V���4 LQ - -tea Si ature of authorized officer ganization Date �1 A r ?'! Signature of gambling manage organization Date Internal Use Only City Council ❑ approved ❑ denied Notes: HUTCHINSON CITY COUNCIL I=yof� Request for Board Action 7 Agenda Item: Temporary Liquor License - St. Anastasia Catholic Church Department: Administration LICENSE SECTION Meeting Date: 6/28/2022 Application Complete Yes Contact: Matthew Jaunich Agenda Item Type: Presenter: Matthew Jaunich Reviewed by Staff ❑✓ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: St. Anastasia Catholic Church has submitted a temporary liquor license to dispense liquor at their Fall Festival being held at the church September 23-25, 2022. St. Anastasia is a religious organization and meets the requirements for a temporary liquor license. BOARD ACTION REQUESTED: Approve issuing temporary liquor license to St. Anastasia Catholic Church September 23-25, 2022. 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: Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number 21 r ` Organization Address City State Zip Code //��, , b MN v Lo,C) Name of person making application Business phone Home phone 'In di-4 % a lir j _ —7 Date(s) of event Type of organization El Microdistillery Small Brewer SQ CR15_a1 DL E] Club Charitable eligious n Other non-profit Organization officer's name City State Zip Code W( MN so " . ) , u-*> L> Organization officer's name City State Zip Code MN Organization officer's name City State Zip Code MN Location where permit will be used. If an outdoor area, describe. s� a.s i Ca t a 1 iC Chef eJil- ylao ,aK� sk •�-' �� rn� 6i . s C Y1utCY\ f i Afn4n � b+O,r' aS If the applicant will contract`F6r intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. C,0, " \ \- C_ 1pl APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT fy*o-) City or County approving the license Date Approved ;125." Fee Amount Permit Date 1 R(ol xy Date Fee Paid City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Please Print Name of City Clerk or County Official CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE. TEMPORARYAPPLICATION@STATE.MN. US ILA c� HUTCHINSON CITY COUNCIL Request for Board Action A CITY ON PURPOSE. CONSIDERATION OF A PRELIMINARY PLAT FOR RAVENWOOD SOUTH. Agenda Item: Department: Planning LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff M Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The applicant has submitted a preliminary plat for Ravenwood South. This area was graded for, development several years ago but work halted with the recession of 2008/2009. The preliminary plat consists of 40 lots. All homes are planned to be slab on grade homes. The proposal includes 18 lots for single-family homes and 22 lots for twin homes. The Planning Commission asked quesitons about Airport Zone A and who enforces Airport Zone A to make sure structures aren't built in it. The City handles that through the building permit process. Bruce Naustal, neighboring property owner had questions about Outlot A and who will be responsible for maintenance. Staff noted that would be determined in the Final Plat/Development Agreement phase of the project that is upcoming. Mr. Naustal also had many general stormwater/pond maintenance questions. The Planning Commission voted unanimously to recommend approval of the Preliminary Plat of Ravenwood South. BOARD ACTION REQUESTED: Approval of Preliminary Plat. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15465 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A PRELIMINARY PLAT FOR RAVENWOOD SOUTH. FACTS 1. Bonneville Land & Cattle is the owner of 1220 Blackhawk Dr SW and 1230 Blackhawk Dr SW; and, 2. The subject property is legally described as: 1220 Blackhawk Dr SW — Lot 3, Block 2, Ravenwood Addition 1230 Blackhawk Dr SW — Lot 2, Block 2, Ravenwood Addition 3. Bonneville Land & Cattle has applied for a forty lot preliminary plat, located at 1220 Blackhawk Dr SW and 1230 Blackhawk Dr SW, Hutchinson, MN, to be known as Ravenwood South. 4. The Planning Commission met on June 21, 2022 and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request subject to the following findings and conditions: a. Each lot will require a separate utility service. b. Watermain pipe is required to be PVC rather than Ductile Iron Pipe. c. Storm sewer is required to be reinforced concrete pipe within the roadway. Plastic pipe is fine outside of the roadway. d. Storm sewer pipe on west side of project needs to be extended to the edge of the stormwater pond. e. Applicant and their Engineer should verify the stormwater inlet elevation between lots 20 & 21. £ No buildings are allowed in Airport Zone A, including roof overhangs. g. Airport Zone A shall be identified with stakes or lath during home building to ensure homes are not encroaching Airport Zone A. h. Provide the City the planned phasing plan of the development. i. There may be a need for temporary cul-de-sacs if the roadway isn't constructed in one phase to ensure emergency vehicle turnaround. j. A subdivision/developer's agreement will need to be developed between the City and the property owner prior to the City's execution of the Final Plat document. 7% fees will be collected per City policy and will be outlined in the subdivision/devilment agreement. k. The final plat will need to be applied for within 60 days of preliminary plat approval per City code or an extension granted by the City Council. The City Council of the City of Hutchinson reviewed the request at its meeting on June 28, 2022 and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the preliminary plat of Ravenwood South subject to the following findings and conditions: a. Each lot will require a separate utility service. b. Watermain pipe is required to be PVC rather than Ductile Iron Pipe. Findings of Fact — Resolution # 15465 Ravenwood South Preliminary Plat Page 2 c. Storm sewer is required to be reinforced concrete pipe within the roadway. Plastic pipe is fine outside of the roadway. d. Storm sewer pipe on west side of project needs to be extended to the edge of the stormwater pond. e. Applicant and their Engineer should verify the stormwater inlet elevation between lots 20 & 21. £ No buildings are allowed in Airport Zone A, including roof overhangs. g. Airport Zone A shall be identified with stakes or lath during home building to ensure homes are not encroaching Airport Zone A. h. Provide the City the planned phasing plan of the development. i. There may be a need for temporary cul-de-sacs if the roadway isn't constructed in one phase to ensure emergency vehicle turnaround. j. A subdivision/developer's agreement will need to be developed between the City and the property owner prior to the City's execution of the Final Plat document. 7% fees will be collected per City policy and will be outlined in the subdivision/devilment agreement. k. The final plat will need to be applied for within 60 days of preliminary plat approval per City code or an extension granted by the City Council. APPLICABLE LAW 6. The preliminary plat request meets the following standards as required in Sections 153.36 of the City of Hutchinson Municipal Code. CONCLUSIONS OF THE LAW 7. The requested plat is consistent with the comprehensive plan and applicable ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the preliminary plat for Ravenwood South is approved. Adopted by the City Council this 28th day of June, 2022. ATTEST: Matthew Jaunich Gary T. Forcier City Administrator Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP and City of Hutchinson Planning Staff Date: June 15, 2022, for June 21, 2022, Planning Commission Meeting Application: CONSIDERATION OF PRELIMNARY PLAT OF RAVENWOOD SOUTH. Applicant: BONNEVILLE LAND AND CATTLE, LLC PRELIMINARY PLAT OF RAVENWOOD SOUTH Brief Description The applicant has submitted a preliminary plat for Ravenwood South. This area was graded for development several years ago but work halted with the recession of 2008/2009. The preliminary plat consists of 40 lots. All homes are planned to be slab on grade homes. The proposal includes 18 lots for single-family homes and 22 lots for twin homes. r� Indicates property described in this notice '• i� r -CENTURY -* , V 1 � t r • I � ; PLf Y I 4I T x r 4 4 _ I II 1220 I 1201 I Preliminary Plat Ravenwood South Planning Commission — 6-21-22 Page 2 Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Zoning: Adjacent Land Use: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Transportation: Physical Characteristics: Analysis: GENERAL INFORMATION R-3 Planned Development (Medium -High Density Residential District) South of Existing Ravenwood Development Approximately 12 Acres Vacant land R-2, R-3, R-3 PD and I/C Residential, Fairgrounds and Agricultural Medium Density Residential Neighborhood Originally platted as Ravenwood 11/16/1999 in the R-3 Zoning District City Code of Ordinances Sections 153.35 — 153.51 Blackhawk Dr. SW and Blackbird Dr. SW will both be extended to service this development. Preliminary site grading work has already been done on this site. Work stopped during the recession of 2008/2009. The site is generally flat otherwise. The preliminary plat as presented appears to meet the requirements of the subdivision and zoning ordinances. All of the lot sizes appear to be appropriate and consistent with the zoning ordinance and planned development district requirements. As noted, there are 18 single-family lots and 22 twin home lots proposed. The single family lots range from 7,190 square feet to 17,329 square feet. The twin home lots range from 5,000 to 7,153 square feet per lot. Utilities will be stubbed in from Blackhawk Dr. and Blackbird Dr. and continue south to service the new development. Lots 1 through 5 in Block 1 will be serviced from existing utility connections already in place. Staff understand this development will likely be done in phases with the first phase starting on the NW side with lots 1-5 being developed. Storm sewer lines will be constructed and designed to flow to the existing stormwater pond to the west. Lastly, it is important to note that the Airport Zoning District goes through a portion of Block 1, lots 1, 8, 9, 10, 11, and 12. There can be no structures built on the portion of the lots within Airport Zone A. There are no building pads located within Airport Zone A, however it should be noted that the home on lot I is very close to the Zone A boundary. The building overhang will not be allowed to encroach into Airport Zone A. Recommendation: Staff recommends approval of the preliminary plat subject to the following conditions. 1. Each lot will require a separate utility service. 2. Watermain pipe is required to be PVC rather than Ductile Iron Pipe. Preliminary Plat Ravenwood South Planning Commission — 6-21-22 Page 3 3. Storm sewer is required to be reinforced concrete pipe within the roadway. Plastic pipe is fine outside of the roadway. 4. Storm sewer pipe on west side of project needs to be extended to the edge of the stormwater pond. 5. Applicant and their Engineer should verify the stormwater inlet elevation between lots 20 & 21. 6. No buildings are allowed in Airport Zone A, including roof overhangs. 7. Airport Zone A shall be identified with stakes or lath during home building to ensure homes are not encroaching Airport Zone A. 8. Provide the City the planned phasing plan of the development. 9. There may be a need for temporary cul-de-sacs if the roadway isn't constructed in one phase to ensure emergency vehicle turnaround. 10. A subdivision/developer's agreement will need to be developed between the City and the property owner prior to the City's execution of the Final Plat document. 7% fees will be collected per City policy and will be outlined in the subdivision/development agreement. 11. The final plat will need to be applied for within 60 days of preliminary plat approval per City code or an extension granted by the City Council. Preliminary Plat of RAVENWOOD SOUTH 51 z— N, Z V I I e 21 3.' 01 Ar 7 T �2;2- 13 c 8 41°'k' F "tl 2 �5=r "V r1f Pond is I sr. A� --F land �i h 1161- -T I ILL" 0 OUTLOTA A, lj L 12 14 Ail SHEET INDEX PRELIMINARY PLAT 2 PRELIMINARY UTILITY PLAN 3 PRELIMINARY GRADING & EROSION CONTROL PLAN Lols_2 d 2 A pl. '..Z RAVENWOOD SOUTH PRELIMINARY PLAT M0568 Q jar wire �O BONNEVILLE LAND & CATTLE, LLC 17 HUTCHINSON, MN SHEET NO. 1 OF 3 ehfj�tt'� 3-24-22 (y, T (­nr 24 15 23 ----------- ---- -- 14 ------ - T-77- 3 22 4 ---------- LL13 ----------- ------------ '2 - ---- -- ------------ Qt 12 6 L ii H LL 26 -- ------- -------- Pond \F ---------- N, 1010 18 ME - OUTLOT A JP Pond" Mlm� �'x 12 7 15 [14] 16 � �— — B1 TH cl. L ------- - I W170 BONNEVILLE LAND & CATTLE, LLC PRELIMINARY UTILITY PLAN 21-0568 Z=Z— I HUTCHINSON, MN ISHEETNO. 2 OF 3 SHEETS 3-24-22 o A �117, 71 1 1 1'�' r7l =171 =1:1 4 5 16 '2 ZIZ RtZq Ztl�� L 15 t3 IL '7 3/! 13 !2 5 ',j r Lil H-1053.0 ;=.=WX OUTLOT A all -"H . . .. ..... '�-1 5 H mrNOFF Finw awT 7 PEQ M- RAVENWOOD SOUTH PRELIMINARY GRADING & 7;1168 BONNEVILLE LAND & CATTLE, LLC EROSION CONTROL PLAN HUTCHINSON, MN ISHEETNO. 3 OF 3 SHEETS 1-'- 3-24-22 cR HUTCHINSON CITY COUNCIL HIUTCHINSON Request for Board Action A CITY ON PURPOSE. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR SECOND DRIVE Agenda Item: THRU LANE IN A C-4 ZONING DISTRICT LOCATED AT 1510 MONTREAL ST SE. Department: Planning LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The property owner is requesting a conditional use permit to allow for a second order point at the Culvers restaurant drive-thru. By ordinance, a conditional use permit is required for drive-thru uses. The Planning Commission unanimously voted to recommend approval of the Conditional Use Permit Application for the Culvers Drive -through. BOARD ACTION REQUESTED: Approval of Conditional Use Permit. 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 CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15466 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT FOR A SECOND DRIVE THRU LANE IN THE C-4 ZONING DISTRICT, LOCATED AT 1510 MONTREAL ST SE. FACTS CHCR LLC is the owner of a parcel of land located at 1510 Montreal St SE, Hutchinson Minnesota; and, 2. The subject property is legally described as: Lot 1, Block 1, Culvers Addition 3. Culver's of Hutchinson has applied to the City for a conditional use permit for a second drive thru lane in a C-4 zoning district located at 1510 Montreal St SE. 4. The Planning Commission met on June 21, 2022, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. Provide striping to define limits of the drive-thru lane, as well as parking lot and parking lot circulation areas. c. A building permit is required for the work to be completed. 5. The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on June 28, 2022, and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. Provide striping to define limits of the drive-thru lane, as well as parking lot and parking lot circulation areas. c. A building permit is required for the work to be completed. APPLICABLE LAW 6. The conditional use permit request meets the following standards as required in Section 154.057 of the City of Hutchinson Municipal Code: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; Findings of Fact — Resolution # 15466 1510 Montreal St SE Conditional Use Permit Page 2 (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. CONCLUSIONS OF THE LAW 7. The requested conditional use permit is consistent with the comprehensive plan. The proposed use will not have a substantial or undue adverse effect upon adjacent property, character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare. 9. The proposed use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a conditional use permit for a second drive thru lane in a C-4 zoning district located at 1510 Montreal St SE, Hutchinson MN is approved. Adopted by the City Council this 28th day of June, 2022. ATTEST: Matthew Jaunich City Administrator Gary T. Forcier Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP and City of Hutchinson Planning Staff Date: June 15, 2022, for June 21, 2022, Planning Commission Meeting Application: Consideration of a Conditional Use Permit for a Second Drive Thru Lane in the C-4 Zoning District, Located at 1510 Montreal St SE. Applicant: Culver's of Hutchinson CONDITIONAL USE PERMIT The property owner is requesting a conditional use permit to allow for a second order point at the Culvers restaurant drive-thru. By ordinance, a conditional use permit is required for drive-thru uses. T -indicates property described in this notice EDMONTON AVE SE 1510 z ij 4 - L-1 C� C*3 fc Conditional Use Permit Culvers Drive-Thru Planning Commission — 6/21/22 Page 2 Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Analysis and Recommendation: GENERAL INFORMATION C-4 (Fringe Commercial) 1510 Montreal St SE 1.30 Acres Restaurant C-4 (Fringe Commercial) Commercial Culvers was originally built in 2005 Section 154.064, City Code During the Pandemic Culvers utilized two ordering points in the drive-thru to minimize traffic congestion. As you may recall, the inside seating portion of the restaurant wasn't allowed to be open for a period of time because of the Pandemic. The temporary double ordering points worked well and there did not appear to be traffic concerns. This plan is a permanent solution and includes two ordering points. Staff does not have concerns with the plan and it looks like it should work well. Following are standards for granting a conditional use permit: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Conditional Use Permit Culvers Drive-Thru Planning Commission — 6/21/22 Page 3 Staff recommends approval of the conditional use permit with the following recommendations: l . The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. Provide striping to define limits of the drive-thru lane, as well as parking lot and parking lot circulation areas. 3. A building permit is required for the work to be completed. a / C t LEGEND: 01, OU s3 Culver S Restaurant IFP —1063.52 / I � \ • _ as o �d mew sewe --- µ J � vi 3� sp s 5t I _ f 1� - - i „off adc�m � d� 9`�� 1. M° 1j9 o lo. a3€ iE€5gag3®o r am .Lgd aa' 1,11ia$S" !e ;c, gFE 'sad: z L o CULVER'S HUTCHINSON 4p F .METHRU BOOART, PEDERSON q9 (7 BASSOCIATES INC. C xurcxxsax,Ma-eaocwmnM P5Ti1"P� REMOVAIS & DEMO -ON w: o (j wz �gll KSTOP s F. -z w �\ 1. \ Etirvo.� C2 c� HUTCHINSON CITY COUNCIL Request for Board Action A CI" + ON Pl IRPOSE. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A NEW DINING Agenda Item: HALL BUILDING LOCATED AT 700 MAIN ST N. Department: Planning LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Maplewood Academy is requesting a conditional use permit to building a new Dining Hall, located within the R-2 Zoning District. Schools are listed as conditionally permitted uses within the R-2 Zoning District (154.057 (C). The project proposes to tear down the southerly most building on the campus and build the new Dining Hall and parking lot(see attached plans). The Planning Commission voted unanimously to recommend approval of the Conditional Use Permit Application for the new dining hall at Maplewood Academy. BOARD ACTION REQUESTED: Approval of Conditional Use Permit. 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 CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15467 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT FOR A NEW DINING HALL BUILDING, LOCATED AT 700 MAIN ST N. FACTS MN Conference Association of 7ch Day Adventists is the owner of a parcel of land located at 700 Main St N, Hutchinson Minnesota; and, 2. The subject property is legally described as: 30 Acres of E'ly'/4 of Lot 22, Auditors Plat South Half Section 30 & N Half Section 31-117-29 3. Olesen & Hobbie Architects, LLC on behalf of Maplewood Academy has applied to the City for a conditional use permit for a new dining hall building located at 700 Main St N. 4. The Planning Commission met on June 21, 2022, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. The proposed building and site improvements shall comply with the standards of the R-2 zoning district and the Zoning Ordinance. c. The applicant bust obtain all necessary permits for any construction that would be needed. d. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another use requires approval of a new conditional use permit. e. If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. f. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. g. Parking lots should drain to stormwater detention pond. h. Curbing required on new parking lots and access roads. i. Stormwater calculations are required and will be reviewed by City staff. j. MnDOT permits are necessary for any stormwater entering their system. k. Proper emergency vehicle turnarounds are required. 5. The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on June 28, 2022, and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. Findings of Fact — Resolution # 15467 700 Main St N Conditional Use Permit Page 2 b. The proposed building and site improvements shall comply with the standards of the R-2 zoning district and the Zoning Ordinance. c. The applicant bust obtain all necessary permits for any construction that would be needed. d. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another use requires approval of a new conditional use permit. e. If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. f. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. g. Parking lots should drain to stormwater detention pond. h. Curbing required on new parking lots and access roads. i. Stormwater calculations are required and will be reviewed by City staff. j. MnDOT permits are necessary for any stormwater entering their system. k. Proper emergency vehicle turnarounds are required. APPLICABLE LAW 6. The conditional use permit request meets the following standards as required in Section 154.057 of the City of Hutchinson Municipal Code: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. CONCLUSIONS OF THE LAW 7. The requested conditional use permit is consistent with the comprehensive plan. 8. The proposed use will not have a substantial or undue adverse effect upon adjacent property, character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare. 9. The proposed use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a conditional use permit for a new dining hall building located at 700 Main St N, Hutchinson MN is approved. Adopted by the City Council this 28th day of June, 2022. Findings of Fact — Resolution # 15467 700 Main St N Conditional Use Permit Page 3 ATTEST: Matthew Jaunich City Administrator Gary T. Forcier Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP and City of Hutchinson Planning Staff Date: June 15, 2022, for June 21, 2022, Planning Commission Meeting Application: CONSIDERATION OF CONDITIONAL USE FOR A NEW DINING HALL BUILDING LOCATED AT 700 MAIN ST N. Applicant: Olesen + Hobbie Architects, LLC on behalf of Maplewood Academy CONDITIONAL USE PERMIT APPLICATION Maplewood Academy is requesting a conditional use permit to building a new Dining Hall, located within the R-2 Zoning District. Schools are listed as conditionally permitted uses within the R-2 Zoning District (154.057 (C). The project proposes to tear down the southerly most building on the campus and build the new Dining Hall and parking lot(see attached plans). Indicates property described in this notice � � •aLL � I 14 14. 0 } >; ..ILL Conditional Use Permit 700 Main St N — new dining hall Planning Commission — 6-21-2022 Page 2 GENERAL INFORMATION Existing Zoning: R-2 Medium Density Residential Property Location: 700 Main St N Lot Size: 25 Acres Existing Land Use: School Adjacent Land Use: Residential and Agriculture Adjacent Zoning: R-2 Comprehensive Land Use Plan: Public/Institutional Applicable Regulations: Section 154.057 (C) Project Overview: Maplewood Academy is applying for a Conditional Use Permit for a School use in an R-2 Residential Zoning District. The project consists of demolishing an old building and building a new dining hall and parking lot on the southern edge of the property. The new building is planned to be approximately 11,000 square feet. Stormwater management is the primary concern of City Staff. City Staff would like to see the new parking lot drain to the proposed stormwater pond and thinks this may be accomplished by utilizing swales. The City will need to review detailed stormwater calculations prior to building permit issuance. Curb and gutter will be required on both parking lots or any surface that is being reconstructed. MnDOT will need to be made aware of any water going into their drainage system and a MnDOT permit will be required. Lastly, City staff will need to review emergency vehicle apparatus turnaround information to make sure this area can be properly accessed and serviced by emergency vehicles. Conditional Use Permit: The Conditional Use Permit (CUP) is required for School uses within the R-2 Zoning District. The proposed use of the site isn't changing, as it is currently a School. The following are standards for granting a conditional use permit: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and Conditional Use Permit 700 Main St N — new dining hall Planning Commission — 6-21-2022 Page 3 (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Recommendation: Staff recommends the approval of this request to the Planning Commission due to the fact that the applicant's request meets the standards for approving a conditional use permit provided above. If the Planning Commission recommends approval of the applicant's request, staff suggests the following conditions be part of the approval: I. The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. The proposed building and site improvements shall comply with the standards of the R-2 zoning district and the Zoning Ordinance. 3. The Applicant must obtain all necessary permits for any construction that would be needed. 4. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another use requires approval of a new conditional use permit. 5. If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. 6. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. 7. Parking lots should drain to stormwater detention pond. 8. Curbing required on new parking lots and access roads. 9. Stormwater calculations are required and will be reviewed by City staff. 10. MnDOT permits are necessary for any stormwater entering their system. 11. Proper emergency vehicle turnarounds are required. TOPOGRAPHIC SURVEY FOR MAPLEWOOD ACADAMY Part of Lot 22 of the Auditor's Plat of the I '� 5 I/2 of Set 30 and N I/2 of 5e1 32, T.I IT N., R.29 W., M<Leod County, Minnesota. I` �. ol" LEGEND \ LOT 2-1 -------------- ---------------------- i F , �r .- ____- _ nwin iwimr ,xw as i r bl ve - i i oil AUDITOR'S PLAT OF R£ARRANGEMENTmOF 14 2 a zF PtlJ1N&11..1ND 6UPVHYDIG. INC BLOCK 6 IN THEE NORTH HALF OF THE CITY ;OF HUTCH11V5,0N MAPLEWOOD ACADEMY DINING HALL 700 MAIN ST N HU7CHINSON, MR 55390 SITE PLAN C-01 0 O 8 KEYNOTES OLESOf MAPLEWOOD ACADEMY DINING HALL z Q O U 700 MAIN ST N HUTC , MN 55350 5350 U) z O U O H O z - �FLOORPLAN J W a A1.1 1 0LE� i MAPLEWOOD ACADEMY DINING HALL 700 MAIN ST N HUTCHINSON, MN 55750 EXTERIOR J ELEVATIONS W It CL A3.1 F ----------------------------------- 0 A© �i li �N m c OL+SON MAPLEWOOD ACADEMY DINING HALL 700 MAIN ST N HUTCHINSON, MN 55350 ems® oc�uEoer ua ' XEE BUILDING j SECTIONS A4.1 cR HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. CONSIDERATION OF A LOT SPLIT LOCATED AT 1545 MCDONALD DR SW. Agenda Item: Department: Planning LICENSE SECTION Meeting Date: Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The property owner is requesting a lot split of 1545 McDonald Dr. SW. This lot is currently vacant. The previous home was destroyed by fire several years ago. The lot split will create two parcels. The westerly parcel will be 8, 239 sq. ft. and the easterly parcel is 8,936 sq. ft. The property is zoned R-2 Residential and both proposed lots will meet the lot size requirements of the R-2 Zoning District. BOARD ACTION REQUESTED: Approval of lot split. 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 CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15468 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A LOT SPLIT AT 1545 MCDONALD DR SW. FACTS Crow River Habitat for Humanity, Inc. is the owner of land located at 1545 McDonald Dr SW, Hutchinson. 2. The subject property is legally described as: Lot2, Block 1, Fifth Addition to Lakewood Terrace 3. Crow River Habitat for Humanity has applied to the City for a lot split to create two parcels at 1545 McDonald Dr SW. 4. The Planning Commission met on June 21, 2022, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request subject to the following findings and conditions: a) Properties must have separate utility services. b) Sewer and Water Accessibility Charges will be administered at the time a building permit is applied for on the easterly lot for a new dwelling unit. c) Driveways for both lots are required to come off McDonald Dr SW. d) The applicant shall record the lot split with McLeod County. The City Council of the City of Hutchinson reviewed the requested lot split at its meeting on June 28, 2022, and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the lot split, subject to the following findings and conditions: a) Properties must have separate utility services. b) Sewer and Water Accessibility Charges will be administered at the time a building permit is applied for on the easterly lot for a new dwelling unit. c) Driveways for both lots are required to come off McDonald Dr SW. d) The applicant shall record the lot split with McLeod County. APPLICABLE LAW 6. The lot split request meets the standards as required in Section 153.005 of the City of Hutchinson Municipal Code, Subdivision Control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a lot split at 1545 McDonald Dr SW to Crow River Habitat for Humanity, Inc. is approved. Adopted by the City Council this 28th day of June, 2022. Findings of Fact — Resolution # 15468 1545 McDonald Dr SW, Lot Split Page 2 ATTEST: Matthew Jaunich City Administrator Gary T. Forcier Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Dan Jochum, AICP and City of Hutchinson Planning Staff Date: June 15, 2022, for June 21, 2022 Planning Commission Meeting Application: Consideration of a Lot Split Located at 1545 McDonald Dr. SW, Hutchinson. Applicant: Crow River Habitat for Humanity Lot Split The property owner is requesting a lot split of 1545 McDonald Dr. SW. This lot is currently vacant. The previous home was destroyed by fire several years ago. The lot split will create two parcels. The westerly parcel will be 8, 239 sq. ft. and the easterly parcel is 8,936 sq. ft. The property is zoned R-2 Residential and both proposed lots will meet the lot size requirements of the R-2 Zoning District. * Indicates property described in this notice 15 ..ion MCDONALD DR SW - ftv- - Y' Lot Split 1545 McDonald Dr SW Planning Commission — 6/21/22 Page 2 Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use: Adjacent Zoning: Comprehensive Plan: Zoning History: Applicable GENERAL INFORMATION R-2 Medium Density Residential 1545 McDonald Dr SW. Proposed Easterly Parcel 8,936 sq. ft. Proposed Westerly Parcel 8,239 sq. ft. Vacant residential lot Residential R-2 Residential and R-5 Residential (Mobile Home Park) Residential None Regulations: Section 153.005 Building: A twin home is proposed to be built. Each side of the twin home will own their side of the lot. Recommendation: Staff recommends approval of the lot split with the following conditions: 1. Properties must have separate utility services. 2. Sewer and Water Availability Charges will be administered at the time a building permit is applied for on the easterly lot for a new dwelling unit. 3. Driveways for both lots are required to come off McDonald Dr. SW 4. The applicant shall record the lot split with McLeod County. W P C I S87e45' 18'E 115.30 I vp 9 Y,N,Y 6rNmwa �� 10 6400 7PARCEL TERLY IIrI PARCEL I PROPOSE6 HOUSE PROPOSED HOUSE 26.0+— II 8 -4420.3 R _____ a fair ,i I o.y r-0 1 Garage g ti Garage PROPOSED DRIVE I' ft&nin _ S87e45'18'E 115.30 MCDONALD DRIVE SW W Z a PROPOSED LOT SPLIT EXHIBIT FOR CROW RIVER HABITAT FOR HUMANITY Lot 2, Block I, FIFTH ADDITION TO LAKEWOOD TERRACE DESCRIPTION FOR EASTERLY PARCEL The East 60.00 feet of Lot 2. Block I, FIFTH ADDITION TO LAKEWOOD TERRACE, according to the recorded plat thereof, McLeod County, Minnesota. Parcel Area - 8936 Square Feet Proposed House Footprint Area - 1441 Sq Ft (mawdea aaropo and droop) Proposed Driveway Area as shown - 566 Sq Ft Total Coverage as shown - 2007 Square Feet 22.&/. DESCRIPTION FOR WESTERLY PARCEL Lot 2, Block 1, FIFTH ADDITION TO LAKEWOOD ;° W TERRACE, according to the recorded plat thereof, y OC McLeod County, Minnesota, excepting therefrom the er 0 East 60.00 feet of sold Lot 2. Parcel Area - 8239 Square Feet Proposed House Foororint Area - 1475 Sq Ft Onr,udee parade and rloop Proposed Driveway Area as shown - 500 Sq Ft Total Coverage as shown - 1975 Square Feet 24.0:( ( heresy certify that this Survey, Plan or Report wad prepared by the or antler my di,. at eupery l Sion and that I am a duly licensed Land Surveyor under the its of the state of Minnesota. Jdff 4yyRyAaue.N Data: /-// � R02Z LIc. Na.2if3ZF N 0 /0 PO 40 scats, /tl feet c� HUTCHINSON CITY COUNCIL Request for Board Action A CITY ON PURPOSE. Sale of excess equipment, decommissioned fire Chevrolet pickup truck #177 Agenda Item: Department: Fire LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Mike Schumann Agenda Item Type: Presenter: Mike Schumann Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: Mayor and Council, The Hutchison Fire Department is requesting your approval to sell via auction our 2009 Chevrolet Silverado HD2500 crew cab pickup (#177). This truck originally purchased by the Hutchinson Police Dept. were it was in service for approx 10 years. It was then passed to the HFD to help us during our transition to shrink our heavy truck fleet. This truck is now ready to be completely decommissioned and sold as it is no longer needed. It meets the VCI thresholds of the City of Hutchinson fleet committee. Much of our fire dept. fleet is shared equipment (1/2 City - 1/2 Rural). This truck is not as it is 100% City owned. All proceeds will go back into the City Fleet. Thank you for your consideration. BOARD ACTION REQUESTED: Request for board approval to sell at auction a 2009 Chevrolet Silverado Pickup #177. Fiscal Impact: Funding Source: FTE Impact: Budget Change: Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION TO SELL AT AUCTION SURPLUS FIRE DEPARTMENT PROPERTY Resolution No. 15470 WHEREAS, the Hutchinson Fire Department has accumulated surplus property. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91.42 for the sale at auction of surplus property. AND WHEREAS, the fire 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 following surplus City property be sold at auction and proceeds from the sale be credited to the appropriate account: - 2009 Chevrolet Silverado HD2500 Crew Cab Pickup (9177) Adopted by the City Council this 281h day of June, 2022. Mayor City Administrator CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 6/14/22 - 6/28/22 Check Date 06/17i/2-0-2 ---- Check -E-FT------------------ Vendor Name -E-F-PS---------------------------------------------- Description Payroll 5/29/22 ---6/11/2--2----------------------------------------------- Amount ---------87,3 45.68 06/17/2022 EFT Child Support Payroll 5/29/22 - 6/11/22 415.78 06/17/2022 EFT M N Dept of Revenue Payroll 5/29/22 - 6/11/22 17,464.59 06/17/2022 EFT Provident Life - Vol Ins Payroll 5/29/22 - 6/11/22 488.02 06/17/2022 EFT PERA Payroll 5/29/22 - 6/11/22 64,769.69 06/17/2022 EFT Further HSA Payroll 5/29/22 - 6/11/22 13,713.37 06/17/2022 EFT Mission Square Payroll 5/29/22 - 6/11/22 4,497.36 06/17/2022 EFT VOYA Payroll 5/29/22 - 6/11/22 460.00 06/17/2022 EFT MNDCP Payroll 5/29/22 - 6/11/22 350.00 06/17/2022 103979 Manual Employee Check Payroll 5/29/22 - 6/11/22 12.93 06/17/2022 103980 Manual Employee Check Payroll 5/29/22 - 6/11/22 38.78 06/17/2022 103981 MNPEA Payroll 5/29/22 - 6/11/22 624.00 06/17/2022 103982 UNUM Life Voluntary Payroll 5/29/22 - 6/11/22 1,197.95 06/17/2022 103983 LELS Union Dues Payroll 5/29/22 - 6/11/22 325.00 06/17/2022 103984 HART Payroll 5/29/22 - 6/11/22 222.56 06/28/2022 103985 ACE HARDWARE - 1315 REPAIR & MAINTSUPPLIES- MULTIPLE DEPTS 744.92 06/28/2022 103986 ACE HARDWARE - 1790 REPAIR & MAINT SUPPLIES - FIRE 126.95 06/28/2022 103987 ACE HARDWARE - 1825 KEYS - POLICE 13.76 06/28/2022 103988 ALBERTS, LESLIE REIMB: CARDSTOCK - WATERPARK 15.69 06/28/2022 103989 ALLINA HEALTH SYSTEM 2ND QTR EDUCATION BILLING - FIRE 889.91 06/28/2022 103990 AMERICAN BOTTLING CO COST OF GOODS SOLD - LIQUOR HUTCH 166.40 06/28/2022 103991 ANIMAL MEDICAL CENTER ON CROW RIVER MAY PROCESSING/BOARDING FEES - POLICE 662.00 06/28/2022 103992 ARTISAN BEER COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 649.90 06/28/2022 103993 B & C PLUMBING & HEATING INC LIFT PUMP REPAIR - POLICE 100.00 06/28/2022 103994 BACHMAN'S ENERGY TREES - STREETS 2,109.00 06/28/2022 103995 BAUER BUILT INC TIRES- WATER 465.48 06/28/2022 103996 BECKER, GARRETT & NATALIA UB refund for account: 2-900-7050-5-03 30.48 06/28/2022 103997 BEHNING, JACK REIMB: SAFETY FOOTWEAR - STREETS 175.00 06/28/2022 103998 BELLBOY CORP COST OF GOODS SOLD - LIQUOR HUTCH 1,632.68 06/28/2022 103999 BENEFIT EXTRAS INC MAY COBRA/RETIRE BILLING 89.50 06/28/2022 104000 BERNICK'S CONCESSION SUPPLIES & LIQUOR COGS 5,082.29 06/28/2022 104001 BINGER, NICOLE UB refund for account: 3-500-4650-7-03 58.33 06/28/2022 104002 BMI ACCT# 2460499ANNUAL FEE -ARENA 391.00 06/28/2022 104003 BRANDED SOLUTIONS HEADWEAR, SHIRTS - POLICE 763.56 06/28/2022 104004 BRAUN INTERTEC CORP BURICH ARENA REROOF & FACADE IMPV THRU 6/3/22 23,948.50 06/28/2022 104005 BREAKTHRU BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 19,048.31 06/28/2022 104006 BRYAN ROCK PRODUCTS RED BALL DIAMOND - PARKS 858.70 06/28/2022 104007 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 56,944.02 06/28/2022 104008 CANNON RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 638.40 06/28/2022 104009 CARD SERVICES SUPPLIES -POLICE 78.13 06/28/2022 104010 CARLOS CREEK WINERY COST OF GOODS SOLD - LIQUOR HUTCH 648.00 06/28/2022 104011 CARS ON PATROL SHOP LLC SQUAD #7: PEDAL, BRAKE REPAIR - POLICE 755.12 06/28/2022 104012 CINTAS CORPORATION SUPPLIES&SERVICE- MULTIPLEDEPTS 299.07 06/28/2022 104013 CIVIL AIR PATROL MAGAZINE 1/6 PAGE AD - POLICE 295.00 06/28/2022 104014 COALITION OF GREATER MN CITIES 2022 CGMC DUES 29,493.00 06/28/2022 104015 CONTEGRITYGROUP NEW POLICE FACILITYTHRU 6/1/22 42,091.77 06/28/2022 104016 CREEKSIDE SOILS NATURAL MULCH - PARKS 397.50 06/28/2022 104018 CULLIGAN WATER NEW POLICE FACILITYTHRU 6/1/22 10.85 06/28/2022 104019 DATAWORKS PLUS LLC CLEANING KIT- POLICE 290.00 06/28/2022 104020 DEMING CONSTRUCTION INC NEW POLICE FACILITYTHRU 6/1/22 PAY#6 241,484.06 06/28/2022 104021 EATON CORPORATION SINGLE PHASE FERRUP - POLICE 4,721.00 06/28/2022 104022 EBERT CONSTRUCTION NEW POLICE FACILITYTHRU 6/1/22 PAY#5 3,610.00 06/28/2022 104023 EHLERS & ASSOCIATES INC TIF ADMIN TIF 4-16 - EDA 412.50 06/28/2022 104024 ENGELMANN, MICHAEL REFUND: CO-REC SOFTBALL- REC 460.00 06/28/2022 104025 ERICKSON ENGINEERING CO LLC REPAIRS TO BRIDGES 5/1-5/31'22 3,706.00 06/28/2022 104026 EXNER, KENT REIMB:PHONE CASE, CONF, WKSHP PREP - ENG 609.50 06/28/2022 104027 FALCON MECHANICAL NEW POLICE FACILITYTHRU 6/1/22 PAY#8 125,875.00 06/28/2022 104028 FARM -RITE EQUIPMENT LINK, PINS- PARKS 573.66 06/28/2022 104029 FIL-TREK CORPORATION FILTERS,O'RINGS - WATER 5,998.96 06/28/2022 104030 FIRE SAFETY USA INC BULLARD FIRE HELMETS 4,289.35 06/28/2022 104031 FIRST CHOICE FOOD & BEVERAGE SOLUTI COFFEE - CITY CENTER 270.20 06/28/2022 104032 FLY, DIXIE REFUND: COACHING SOCCER - REC 35.00 06/28/2022 104033 FOBBE ELECTRIC NEW POLICE FACILITYTHRU 6/1/22 PAY#8 61,797.50 06/28/2022 104034 FURTHER June 2022 HSA/FSA Adm. Fees 338.30 06/28/2022 104035 GAVIN, JANSSEN & STABENOW, LTD APRIL PROSECUTIONS & DOG BITE CASES - LEGAL 5,226.44 06/28/2022 1104036 IGIESSE, AMANDA I UB refund for account: 1-685-7250-4-01 103.27 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 6/14/22 - 6/28/22 Check Date ----------------- 06/28/2022 Check --------------------- 104037 Vendor Name ---------------------------------------------------- GIFFERSON, TOM Description --------------------------------------------------------------------------- REIMB: WASHERS FOR RANGE BLDG - PD Amount --------------------- 44.60 06/28/2022 104038 GOLDSTAR PRODUCTS INC ASPHALT PRIMER - STREETS 3,630.18 06/28/2022 104039 GRAINGER REPAIR & MAINTSUPPLIES- MULTIPLE DEPTS 398.28 06/28/2022 104040 GRANDVIEW VALLEY WINERY COST OF GOODS SOLD - LIQUOR HUTCH 576.00 06/28/2022 104041 GRATKE, TIM REIMB: MESERB MTG - WWTP 260.29 06/28/2022 104042 GREEN MOUNTAIN TECHNOLOGIES CASP COMPOSTING SYSTEM 49,757.00 06/28/2022 104043 HACH COMPANY CHEMICALS & SUPPLIES - WATER 1,529.16 06/28/2022 104044 HAGER JEWELRY INC. CHARMS, CHAINS, ENGRAVING -CITY COUNCIL 136.50 06/28/2022 104045 HANSEN GRAVEL INC. 3/4" M GRANITE RIVERSIDE PARK 84.00 06/28/2022 104046 HEATER RENTAL SERVICES LLC NEW POLICE FACILITY THRU 6/1/22 250.00 06/28/2022 104047 HEINRICH, TAYA REFUND: COACHING SOCCER - REC 45.00 06/28/2022 104048 HILLYARD/ HUTCHINSON OPERATING SUPPLIES- MULTIPLE DEPTS 581.33 06/28/2022 104049 HOLT-PETERSON BUS 7/13AFTON HOUSE, HUDSON CITY DOCKS-SRTRIPS 960.45 06/28/2022 104050 HUTCHINSON BASEBALL REGISTRATION FEES- REC 8,550.00 06/28/2022 104051 HUTCHINSON CO-OP MAY FUEL & SERVICES - MULTIPLE DEPTS 36,364.25 06/28/2022 104052 HUTCHINSON FIGURE SKATING ASSOC SPRING SESSION SKATING INSTR -ARENA 975.75 06/28/2022 104053 HUTCHINSON UTILITIES UTILITIES 5/1- 6/1'22 70,507.99 06/28/2022 104054 HUTCHINSON WHOLESALE #1550 POWER OUTLET - PARKS 16.99 06/28/2022 104055 HUTCHINSON WHOLESALE #1552 COUPLER LOCKS - PARKS 76.98 06/28/2022 104056 HUTCHINSON, CITY OF MAY 2022 STORM DRAINAGE 6,844.40 06/28/2022 104057 I.M.S. SHARPENING SERVICE 6/4 CATCH BASIN REPAIR - STORMWATER 2,450.00 06/28/2022 104058 JENSEN, BRADY REIMB: SAFETY FOOTWEAR - STREETS 54.98 06/28/2022 104059 JOHNSON BROTHERS LIQUOR CO. COST OF GOODS SOLD -LIQUOR HUTCH 21,446.37 06/28/2022 104060 JRKSTEEL NEW POLICE FACILITY THRU 6/1/22 PAY#6 16,281.10 06/28/2022 104061 JUUL CONTRACTING CO WATER MAIN FITTINGS -STREETS 493.30 06/28/2022 104062 KJOHNSON CONSTRUCTION INC NEW POLICE FACILITY THRU 6/1/22 PAY#8 45,248.50 06/28/2022 104063 KEVITT EXCAVATING LLC NEW POLICE FACILITY THRU 6/1/22 PAY#8 161,869.42 06/28/2022 104064 KOHLS SWEEPING SERVICE 5/11- 5/25 SERVICES - CREEKSIDE 967.50 06/28/2022 104065 KRANZ LAWN & POWER OIL FILTERS -CEMETERY 21.98 06/28/2022 104066 L & P SUPPLY CO EQUIPMENT & PARTS - MULTIPLE DEPTS 2,748.13 06/28/2022 104067 LENARZ, TRISHA PHOTOGRAPHY-REC 599.99 06/28/2022 104068 LITCHFIELD BUILDING CENTER FIBERGLASS DOOR - PARKS 947.23 06/28/2022 104069 LOCHER BROTHERS INC COST OF GOODS SOLD - LIQUOR HUTCH 70,061.30 06/28/2022 104070 M&G TRAILER SALES, SERVICE & RENTAL PARKS ENCLOSED TRAILER FOR BIKE FLEET PROJECT 13,726.92 06/28/2022 104071 M-R SIGN SIGNS -STREETS 1,346.65 06/28/2022 104072 MADDEN GALANTER HANSEN LLP MAY LABOR RELATIONS SERVICES 418.00 06/28/2022 104073 MCLEOD COUNTY HHW REFUSE: BATTERIES- WWTP 150.00 06/28/2022 104074 MCLEOD COUNTY PUBLIC WORKS SALT 2021-2022 SEASON & SUPPORT- STREETS 14,670.65 06/28/2022 104075 MEDICA JULY MEDICAL INSURANCE 136,148.31 06/28/2022 104076 MENARDS HUTCHINSON REPAIR & MAINTSUPPLIES- MULTIPLE DEPTS 710.57 06/28/2022 104077 MID CENTRAL DOOR NEW POLICE FACILITY THRU 6/1/22 PAY#4 48,680.27 06/28/2022 104078 MID-AMERICAN RESEARCH CHEMICAL SILICONE SPRAY- HATS 232.74 06/28/2022 104079 MILLNER HERITAGE VINEYARD & WINERY COST OF GOODS SOLD - LIQUOR HUTCH 945.00 06/28/2022 104080 MINI BIFF RENTALS- MULTIPLE DEPTS 1,412.71 06/28/2022 104081 MINNESOTA CHIEFS OF POLICE POLICE OFFICER ENTRY TESTS 219.00 06/28/2022 104082 MINNESOTA RURAL WATER ASSN 6/2022 - 5/2023 E LEVINE MEMBERSHIP - WATER 300.00 06/28/2022 104083 MINNESOTA VALLEY TESTING LAB LAB SAMPLE TESTING - MULTIPLE DEPTS 3,241.20 06/28/2022 104084 MN DEPT OF NATURAL RESOURCES MONITORING STATION CONTRACT PYMT 3 OF 4 3,650.00 06/28/2022 104085 MN DEPT OF TRANSPORTATION ADVDEVICESPERMITRENEWAL- STREETS 60.00 06/28/2022 104086 MOMENTUM TRUCK GROUP SPRING ASSEMBLY, BUSHINGS, BOLTS, PINS- WWTP 1,981.96 06/28/2022 104087 MORGAN CREEK VINEYARDS COST OF GOODS SOLD - LIQUOR HUTCH 302.40 06/28/2022 104088 MTI DISTIBUTING, INC. WHEELS, BLADES- PARKS 3,157.49 06/28/2022 104089 NORTHERN STATES SUPPLY INC EQUIPMENT PARTS - HATS 166.80 06/28/2022 104090 O'REILLY AUTO PARTS EQUIPMENT PARTS - PARKS 108.75 06/28/2022 104091 ORIGINAL WATERMEN, INC WOMEN'S SUITS- WATERPARK 420.69 06/28/2022 104092 PAAPE DISTRIBUTING COMPANY NEW POLICE FACILITY THRU 6/1/22 15,390.14 06/28/2022 104093 PALLET SERVICE CORPORATION PALLETS -COMPOST 14,341.60 06/28/2022 104094 PEATINC. SPHAGNUM FINE CROMWELL -COMPOST 2,674.25 06/28/2022 104095 PELLINEN LAND SURVEYING LAND SURVEYING - CITYADMIN 570.00 06/28/2022 104096 PEOPLEREADY INC CREEKSIDE TEMP STAFFING 3,327.04 06/28/2022 104097 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 31,368.19 06/28/2022 104098 PIETSCH CONSTRUCTION INC NEW POLICE FACILITYTHRU 6/1/22 4,750.00 06/28/2022 104099 POSTMASTER POSTAGE - UB BILLING 1,585.00 06/28/2022 104100 PROKOSCH, NOLAN REIMB: SAFETY FOOTWEAR - STREETS 114.99 06/28/2022 104101 QUILL CORP PAPER - POLICE 94.95 06/28/2022 1104102 RAHN PAINTING & CONTRACTING LLC MOWED CITY LOT BY NEW PD 90.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 6/14/22 - 6/28/22 Check Date ----------------- 06/28/2022 Check --------------------- 104103 Vendor Name ---------------------------------------------------- RED BULL DISTRIBUTION COMPANY, INC. Description --------------------------------------------------------------------------- COST OF GOODS SOLD - LIQUOR HUTCH Amount --------------------- 242.00 06/28/2022 104104 REINDERS EQUIPMENT PARTS- MULTIPLE DEPTS 2,046.46 06/28/2022 104105 REINER ENTERPRISES INC CREEKSIDE FREIGHTTO MULTIPLE LOCATIONS 8,616.34 06/28/2022 104106 RICE LAKE CONSTRUCTION GROUP INSTALL 12" CHECK VALVES- WWTP 3,890.00 06/28/2022 104107 RIDGEWATER COLLEGE EMR REFRESHER COURSE 5/26/22 - POLICE 1,440.00 06/28/2022 104108 RIVER HOUSE KITCHEN+ DRINKS SIGN &AWNING & FACADE IMP GRANT- EDA 9,500.00 06/28/2022 104109 RONNIE'S RAPID ROOTER FLOOR DRAIN REPAIR- POLICE 220.00 06/28/2022 104110 RUNNING'S SUPPLY REPAIR & MAINTSUPPLIES- MULTIPLE DEPTS 1,290.77 06/28/2022 104111 SCHWICKERT'S TECTA AMERICA LLC 5/13ROOFING REPAIRS -PARKS 2,665.00 06/28/2022 104112 SMSC ENTERPRISES MAY COMPOST 13,665.60 06/28/2022 104113 SOIL CONTROL LAB FEEDSTOCK COMPLETE & FINISHED COMPOST 1,397.00 06/28/2022 104114 SOUTHERN WINE & SPIRITS OF MN COST OF GOODS SOLD - LIQUOR HUTCH 21,603.71 06/28/2022 104115 SPARTAN STEEL ERECTORS INC NEW POLICE FACILITY THRU 6/1/22 47,110.50 06/28/2022 104116 STANDARD PRINTING-N-MAILING POSTAGE - MULTIPLE DEPTS 509.65 06/28/2022 104117 STOCKMEN'S GREENHOUSE ANNUALS - CREEKSIDE 28.00 06/28/2022 104118 STREICH TRUCKING CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 2,460.00 06/28/2022 104119 SUPERIOR JETTING JET PROCESSING PIPES -WATER 3,350.00 06/28/2022 104120 SYSCO WESTERN MN CONCESSION SUPPLIES- WATERPARK 7,273.93 06/28/2022 104121 TAPS-LYLE SCHROEDER 6/9 CLEANING - EVENT CENTER 50.00 06/28/2022 104122 TARGET PEST CONTROL PESTCONTROL- MULTIPLEDEPTS 550.00 06/28/2022 104123 THELEN HEATING & ROOFING NEW POLICE FACILITY THRU 6/1/22 89,110.00 06/28/2022 104124 THOMSON REUTERS-WEST MAY SUBSCRIPTION - MULTIPLE DEPTS 1,403.96 06/28/2022 104125 TRIMBO, DAVID FLOOR CLEANING - POLICE 965.00 06/28/2022 104126 TRUE BRANDS COST OF GOODS SOLD - LIQUOR HUTCH 393.24 06/28/2022 104127 USA BLUE BOOK AMMONIA TESTS -WWTP 481.71 06/28/2022 104128 VERIZON WIRELESS 5/3- 6/2 PHONE SERVICES- POLICE 38.49 06/28/2022 104129 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 18,634.10 06/28/2022 104130 VIKING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 465.65 06/28/2022 104131 VINOCOPIA INC COST OF GOODS SOLD - LIQUOR HUTCH 2,824.14 06/28/2022 104132 VOS CONSTRUCTION INC NEW POLICE FACILITY THRU 6/1/22 1,132.50 06/28/2022 104133 VOS CONSTRUCTION INC BURICH ARENA REROOF & FACADE IMPV THRU 6/1/22 38,000.00 06/28/2022 104134 WASTE MANAGEMENTOF WI -MN NEW POLICE FACILITY THRU 6/1/22 1,037.70 06/28/2022 104135 WATERVILLE FOOD & ICE COST OF GOODS SOLD - LIQUOR HUTCH 1,182.20 06/28/2022 104136 WEST CENTRAL SANITATION INC. MAYREFUSE- MULTIPLEDEPTS 54,031.26 06/28/2022 104137 WILSON'S NURSERY INC TREES- PARKS 625.00 06/28/2022 104138 WINE COMPANY, THE COST OF GOODS SOLD - LIQUOR HUTCH 3,567.00 06/28/2022 104139 WINE MERCHANTS INC COST OF GOODS SOLD - LIQUOR HUTCH 2,407.10 06/28/2022 104140 WUOLLET, BLAINE UB refund for account: 2-675-5450-2-02 63.55 06/28/2022 104141 WW GOETSCH ASSOCIATES INC MOTOR FAN - WATERPARK 268.67 06/28/2022 1104142 ZIEGLER INC GRINDER: DURAMAX -COMPOST 79.46 Total - Check Register A: 1 1$ 1,805,228.87 Department Purchasing Card Activity - May 2022 Date Department Vendor Name Description Amount 05/08/2022 ADMIN MCDONALD'S Lunch coming back from MCMA Annual Conference 11.16 05/08/2022 ADMIN GRANDVIEW LODGE 2nd half of MCMA Annual Conference Lodging Cost 154.80 05/11/2022 ADMIN MINNESOTA CLE Minnesota CLE Season Pass 1,645.00 05/05/2022 CREEKSIDE SPS COMMERCE May 2022 SPS fees: UH & Bomgaars 262.20 05/05/2022 CREEKSIDE AMAZON Doorstops, handle, closer 352.55 05/15/2022 CREEKSIDE TARGET Consumer Reimbursement; gift card 161.00 05/22/2022 CREEKSIDE US COMPOSTING COUNCIL Compost-USCC Membership renewal 225.00 05/22/2022 CREEKSIDE US COMPOSTING COUNCIL Refuse-USCC Membership renewal 225.00 05/06/2022 EDA USPS Envelopes & Postage (Franklin Redevelopment property owners) 5.48 05/15/2022 EDA MUDDY COW HUTCHINSON Lunch for EDA Loan Committee meeting 27.92 05/20/2022 EDA JIMMYS PIZZA Lunch for Finance Team meeting 87.61 05/26/2022 EDA IEDC ONLINE Marketing & Attraction Course - Maddie Newcomb 505.00 05/08/2022 FINANCE GOVT FINANCE OFFICERS ASSN National GFOA annual dues - Reid & Juergensen 340.00 05/12/2022 FINANCE AMAZON DMV - adding machine tape 15.99 05/12/2022 FINANCE AMAZON City Center - sticky notes 10.50 05/13/2022 FINANCE AMAZON CityCenter- staples 12.09 05/17/2022 FINANCE WAL-MART City Center - soda for vending machine 77.60 05/25/2022 FINANCE AMAZON DMV - finger cots 6.23 05/25/2022 FINANCE AMAZON DMV- rubber bands 10.09 05/26/2022 FINANCE AMAZON DMV - black dry erase markers 31.94 05/26/2022 FINANCE AMAZON City Center - facial tissues & post -it notes 144.88 05/31/2022 FINANCE EZBUSINESS FEE Credit card service fee 15.00 05/15/2022 FIRE CASH WISE FOODS Bottled water, coffee, cups, etc. 115.54 05/06/2022 IT BLACK ICE SOFTWARE INC. Tiff Printer HUC 56.24 05/17/2022 IT AMAZON Earpods IT 37.77 05/19/2022 IT AMAZON iPad mouts for POS 155.59 05/20/2022 IT LENOVO UNITED STATES Field Laptop KDimler & DHalquist 2,286.09 05/24/2022 IT SOLARWINDS SEM and Dameware contract alignment 1,939.00 05/27/2022 IT LENOVO UNITED STATES Lenovo boot cable for imaging 25.23 05/O1/2022 LIQUOR HUTCH FACEBOOK Center for the Arts Tasting Event advertising 8.20 05/09/2022 LIQUOR HUTCH ACE HARDWARE - 1315 Misc operating supplies 23.68 05/15/2022 LIQUOR HUTCH MENARDS HUTCHINSON Misc operating supplies 51.59 05/16/2022 LIQUOR HUTCH RITE INC Monthly POS maintenance fee 267.19 05/17/2022 LIQUOR HUTCH ACE HARDWARE - 1315 Misc operating supplies 17.98 05/19/2022 LIQUOR HUTCH MENARDS HUTCHINSON Misc operating supplies 98.95 05/29/2022 LIQUOR HUTCH EIG CONSTANTCONTACT.COM Email Blast advertising 70.00 05/29/2022 LIQUOR HUTCH MENARDS HUTCHINSON Misc operating supplies 81.52 05/12/2022 MOTOR VEHICLE SKILLPATH SEMINARS Management/leadership webinar 299.00 05/11/2022 PARK & REC WHENIWORK.COM Employee Scheduling Software 84.00 05/13/2022 PARK & REC AMAZON Phone Message Book 28.10 05/13/2022 PARK & REC AMAZON Webcams 82.16 05/17/2022 PARK & REC CANVA Yearly Subscription- Marketing Program for PRCE Programs 119.99 05/18/2022 PARK & REC NTLREST SERVSAFE ServSafe Manager Exam - Christina Burmeister 99.00 05/19/2022 PARK & REC COYOTE MOON GRILLE Senior Trips - Coyote Moon Dinner 47 Participants 734.40 05/24/2022 PARK & REC SP MEGACHEFEQUIP Ice Cream Machine for Water Park Concessions 4,695.00 05/26/2022 PARK & REC GOKEYLESS Coded Lock for Campground Shower Rooms 1,147.19 05/03/2022 PLANNING INTERNATIONAL FACILITY MGMT ASSOC IFM Dues 408.00 05/06/2022 PLANNING AMAZON Stove pilot light 32.81 05/10/2022 PLANNING AMAZON Warmer parts 102.01 05/10/2022 PLANNING AMAZON HDMI cable event center 18.91 05/01/2022 POLICE CLIVES ROADHOUSE Meals During Tour for Furniture Committee 11 persons 225.73 05/06/2022 POLICE WAL-MART Poster Frames for presentation 19.59 05/18/2022 POLICE AMAZON External hard drives 86.98 05/22/2022 POLICE AMAZON Special paper 14.21 05/04/2022 PUBLIC WORKS ARROWWOOD RESORT & CONFERENCE CTR Hotel Reservation 100.00 05/12/2022 PUBLIC WORKS CUSTOMER ELATION INC Monthly Dispatch Services -Total $128.00 64.00 05/12/2022 PUBLIC WORKS CUSTOMER ELATION INC Monthly Dispatch Services 64.00 05/20/2022 PUBLIC WORKS CIVIL AIR PATROL MAGAZINE Airport Advertising 195.00 05/20/2022 PUBLIC WORKS ISA Schuette- Municipal Specialist Recert & Master Arborist Recert 335.00 05/20/2022 PUBLIC WORKS NORTH AMERICAN SAFETY INC Earplugs 86.00 05/22/2022 PUBLIC WORKS APWA-MN CHAPTER Muchow -CPII Recert 145.00 05/22/2022 PUBLIC WORKS AMAZON Label Tape & Trailer Tire Covers for PW Enclosed Trailer 88.96 05/22/2022 PUBLIC WORKS DEPARTMENT OF LABOR AND INDUSTRY Jim N's Boiler License 20.00 05/26/2022 PUBLIC WORKS KEYSTONEPES Herbicide 184.98 05/26/2022 PUBLIC WORKS UNITED-STATES-FLAG.COM 3American Flags 145.35 Total - P-Cards: I I L--$19,186.98 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATE FROM 6/14/22 - 6/28/22 Check Date ----------------- 06/28/2022 Check --------------------- 104017 Vendor Name ---------------------------------------------------- CROW RIVER SIGNS Description ---------------------------------------------------------------------------- BANNERS FOR FIREMAN'S PARK FUNDRAISING Amount --------------------- 288.00 Total - Check Register B: $ 288.00 HUTCHINSON CITY COUNCIL c`=yaf Request for Board Action 7AL Owl-7 Agenda Item: Ordinance No. 22-829 - Amending Chapter 112 - Liquor Regulations Department: Administration/Legal LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Marc A. Sebora Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff ❑ Unfinished Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As discussed at the last City Council meeting, in May Gov. Walz signed the omnibus liquor bill into law as Chapter 86 of the 2022 regular session. The legislation, championed by Sen. Gary Dahms (R-Redwood Falls) and Rep. Zack Stephenson (DFL-Coon Rapids), creates several new licenses that cities could adopt into their ordinances. Among other things, there are several provisions in the bill that allows cities to amend their ordinances for the new liquor licenses, including: Allowing a brewer licensed under Minnesota Statutes, section 340A.301 that produces 7,500 barrels or less of malt liquor annually to be issued a license by a municipality for off -sale of up to 128 ounces per customer per day; Allowing growler sales by breweries that produce as many as 150,000 barrels annually, up from the previous limit of 20,000 barrels; Allowing a municipality to issue an on -sale wine and an on -sale malt liquor license to a baseball team competing in a league established by the Minnesota Baseball Association, or to a person holding a concessions or management contract for beverage sales at a ballpark for the purposes of summer town ball games. Due to these legislative changes, staff is suggesting to amend the City's liquor ordinance. First, to allow brewers to sell at off -sale up to 128 ounces per customer per day in packaging that complies with Minnesota Rules. Second, to allow issuance of a wine license and/or malt liquor license to the owner of a baseball team established by the Minnesota Baseball Association. The proposed ordinance also includes a few changes in the definitions section to align with the definitions in Minnesota statute. These revisions were presented at the last City Council meeting and no changes have been made for the second readinq and adoption. BOARD ACTION REQUESTED: Approve second reading and adoption of Ordinance No. 22-829 - Amending Chapter 112 - Liquor Regulations 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: Ordinance No. 22-829 An Ordinance Amending Sections of Chapter 112 — Liquor Regulations The City Council hereby ordains: CHAPTER 112: LIQUOR REGULATIONS § 112.001 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 3.2% MALT LIQUOR. Malt liquor containing not less than 0.5% alcohol by volume, nor more than 3.2% alcohol by weight. 44tis definit4en ineludes :ro ���eeeler-s" within the ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% alcohol by volume, including, but not limited to, 3.2% malt liquor, wine and liquor as defined in this section. AFFILIATE or SUBSIDIARY COMPANY. A company in which a manufacturer or its stockholders own a majority of the stock. APPLICANT. Any person making an application for a license under this chapter. APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as a request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. BREWER. A person who manufactures 3.2% malt liquor for sale. BUSINESS RECORDS. Include, but are not limited to, articles of incorporation, bylaws, corporate minutes, records of sale and shipping documents, as well as lists of complaints whether or not those complaints have resulted in a filing with an appropriate government agency, and also include records relating to any litigation threatened or commenced against a license holder arising out of the operation of licensed premises pursuant to the license granted herein. CLUB. (1) An incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans' organization, which: (a) Has more than 50 members; (b) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; and (c) Is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose. (2) No member, officer, agent or employee shall receive any profit from the distribution or sale of beverages to the members of the CLUB, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. The CLUB or congressionally chartered veterans' organization must have been in existence for at least three years. COMMISSIONER. The State Commissioner of Public Safety. HOTEL. (1) An establishment where food and lodging are regularly furnished to transients and which has: (a) A resident proprietor or manager; (b) A dining room serving the general public at tables and having facilities for seating at least 30 guests at one time; and (c) At least ten guest rooms. (2) A HOTEL qualifying under this chapter shall submit proof to the City Council that not less than 20% of the combined gross sales of alcohol and food sales of the establishment for which the on -sale license is to be used are from the serving of food. Upon the request of the City Administrator, the applicant shall submit a financial statement signed by an independent accountant that indicates the total gross alcohol and total gross food sales of the HOTEL for the calendar year or fiscal year preceding the date of the renewal application. Complimentary food and beverages are not included in the gross sales calculation, but their fair market value shall be included in reports and financial statements provided to the city as required above. INDEPENDENT ACCOUNTANT. An accountant engaged in the practice of public accountancy who is not an employee of, on the staff of or otherwise affiliated with the licensed premises or the party holding the license at issue. An accountant who derives more than one- third of his or her gross income from services performed for the license holder is not INDEPENDENT, as defined herein. The term INDEPENDENT ACCOUNTANT includes, but is not limited to, certified public accountants and licensed public accountants. INTOXICATING LIQUOR or LIQUOR. Ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight. This definition includes so-called "wine coolers" and "malt coolers" within the alcoholic content limits stated herein. LICENSE. A document, issued by the city to an applicant, permitting him or her to carry on and transact the business stated therein. LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein. LICENSEE. An applicant who, pursuant to his or her approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the city for carrying on the business stated therein. LICENSED PREMISES. The premises described in the issued license. MALT LIQUOR. Any 3.2% Mal ale OF ether beverage made from malt by fermentation, or by the fermentation of malt substitutes, including rice, grain of any kind, glucose, sugar, molasses, or other malt substitute that has not undergone distillation, and that contains not less than 0.59; one-half of one percent alcohol by volume. "Beer" means any beverage meeting the definition of malt liquor under this section. MANUFACTURER. Every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces alcoholic beverages for sale. MEAL. Entrees and sandwiches offered on a restaurant menu. The term does not include appetizers, snacks and non -meal -related food. MINOR. Any natural person who has not attained the age of 21 years. OFF -SALE. The sale of alcoholic beverages in original packages for consumption off the licensed premises only. ON -SALE. The sale of alcoholic beverages for consumption on the licensed premises only. PACKAGE and ORIGINAL PACKAGE. Any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler. RESTAURANT. An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and having seating capacity for at least 30 guests. A RESTAURANT qualifying under this chapter shall submit proof to the City Council that not less than 40% of the gross sales of the establishment for which the on -sale license is to be used are from the serving of food. Upon the request of the City Administrator, the applicant shall submit a financial statement signed by an independent accountant that indicates the total gross sales of the establishment and the total food sales of the RESTAURANT for the calendar year or fiscal year preceding the date of the renewal application. SALE, SELL and SOLD. All barters and all manners or means of furnishing alcoholic beverages to persons, including the furnishing in violation or evasion of law. WHOLESALER. Any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse. WINE. A beverage made without rectification or fortification by the fermentation of sound ripe grapes, grape juice, other fruits or honey, and also carbonated wine, wine made from condensed grape must, wine made from other agricultural products, imitation wine, compounds sold as WINE, vermouth, cider, sherry and sake, containing not less than 0.5%, nor more than 14%, alcohol by volume. This defini i-en ifieltidero-e-ffil�'e�e-ceelers" Withiff the ftleehelis (2004 Code, § 112.001) (Ord. 93-76, passed 3-23-1993; Ord. 98-217, passed 2-10-1998; Ord. 15-0744, passed 9-8-2015; Ord. 18-789, passed 9-11-2018; Ord. 20-814, passed 6-9-2020) § 112.091 040XIG n TPn MALT LIQUORS. (A) It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale or otherwise dispose of malt liquors, as part of a commercial transaction, without a liquor license pursuant to either § 12.085 of this chapter or this section. A holder of an on -sale wine license who is also licensed to sell 3.2% malt liquors at on -sale and whose gross receipts are at least 60% attributable to the sale of food, may sell intexiea-ting malt liquors at on -sale without any additional license from the city. (B) Except for the owner of a baseball team competing in a league established by the Minnesota Baseball Association, the seller qualifying under this section shall submit proof to the City Council that not less than 60% of the gross sales of the establishment are from the serving of food. Upon request of the City Administrator, the seller shall submit a financial statement signed by an independent accountant that indicates the total gross sales of the establishment and the total food sales of the seller for the calendar year or fiscal year preceding the date of the seller's license renewal application. (2004 Code, § 112.091) (Ord. 95-140, passed 3-28-1995; Ord. 20-814, passed 6-9-2020) Penalty, see § 10.99 § 112.092 INTOXICATING LIQUOR, MALT LIQUOR OR ON -SALE WINE LICENSE; REGULATIONS AND RESTRICTIONS. (A) Licenses in connection with premises of another. A license may not be issued to a person in connection with the premises of another to whom a license could not be issued under the provisions of this chapter. This division (A) does not prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a non -citizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of this chapter. (B) Employment of minors. No person under 18 years of age may sell or serve intoxicating liquor or wine on licensed premises. (C) Premises eligible for on -sale wine licenses. On -sale wine licenses shall be granted only to: 1.) Restaurants, as defined in this chapter; provided, however, for purposes of this section, the restaurant shall have appropriate facilities for seating not less than 25 guests at one time. 2.) The owner of a baseball team competing in a league established by the Minnesota Baseball Association. Premises eligible for on -sale malt liquor license. On -sale malt liquor licenses shall be granted only 1.) The owner of a baseball team competing in a league established by the Minnesota Baseball Association. § 112.137 SMALL BREWER OFF -SALE LICENSE. A brewer licensed under M.S. § 340A.301, Subdivision 6(d), (i), or 0), as it may be amended from time to time, may be licensed for the "off -sale" of malt liquor produced and packaged on the licensed premises, subject to the following conditions: (A) Off -sale of malt liquor may only be made during the hours that "off -sale" of liquor may be made; (B) The malt liquor shall be packaged in sixty -four -ounce containers commonly known as "growlers" or in 750 milliliter bottles; Other packaging of malt liquor for off -sale under this license must comply with the provisions of Minnesota Rules, parts 7515.1080 to 7515.1120. The amount of malt liauor sold at off -sale under this license may not exceed 128 ounces per customer per da. (D) The malt liquor sold at "off -sale" must be removed from the licensed premise before the applicable closing time at exclusive liquor stores; (E) The "growler" must be sealed in such a manner that the seal must be broken in order to open the container and the seal must bear the name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor and bear the name and address of the brewer selling the malt liquor. (F) The annual license fee shall be set in accordance with M.S. § 340A.408, as it may be amended from time to time. (G) Liquor liability insurance is in effect in the coverage amounts indicated in § 112.026 of this chapter. (H) The establishment must pass inspection by the Minnesota Alcohol and Gambling Division. ( (Ord. 14-0873), passed 8-12-2014; Ord. 20-814, passed 6-9-2020) Penalty, see § 10.99 Adopted by the Hutchinson City Council this ATTEST: day of Matthew Jaunich, City Administrator Gary T. Forcier, Mayor 2022. HUTCHINSON CITY COUNCIL c`=yaf Request for Board Action 7AZ Owl-7 Agenda Item: Burich Arena Heating and Ventilation Systems Replacement - East Rink Department: PRCE - Burich Arena LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Mary Haugen/Lynn Neurr" Agenda Item Type: Presenter: Reviewed by Staff ❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Bids were opened and read for the Burich Arena east rink HVAC replacement project on Thursday, June 9th 2:00pm at Hutchinson Recreation Center. There were three separate bid packages to respond to: Category #2. - Mechanical/HVAC, Category #3. - Electrical and Category #4. - Control systems. The bid tabulation form is included, showing the low bidders. Contegrity group has reviewed the bids and has contacted each of the contractors to discuss and confirm their bids. Finance has included the latest budget for the project. The cost of the project will be funded by money available from the American Rescue Plan. The goals of this COVID-19 related federal funding are to provide improved infrastructure creating "significant and long lasting" benefit to the community, and to improve ventilation in public buildings. This project addresses all of those requirements. For this project to move forward, your approval is requested to award the bids to the three low bidders and to authorize the city to enter into contracts with the contractors. Department staff along with Contegrity Group recommend that the project continue to move forward. City staff along with a representative from Contegrity Group will be available at the meeting to answer questions. BOARD ACTION REQUESTED: Request council approval to award bids for the Burich Arena - East Rink HVAC Replacement Project and to authorize staff to execute agreements with the three low bidders. Fiscal Impact: $ 0.00 Funding Source: American Rescue Plan FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 763,270.00 Total City Cost: $ 763,270.00 Funding Source: American Rescue Plan Remaining Cost: $ 0.00 Funding Source: BURICH ICE ARENA HVAC IMPROVEMENTS- BID TAB JUNE 9, 2022 at 2:00 pm Bid Sec Add BASE BID CATEGORY 2 - MECHANICAUHV,= St.Cloud Refrigeration, Inc. dba SCR, Inc. x� x $586,000.00 Sentra Sota Sheet Metal x I x $618,200.00 Foster Mechanical, Inc. x x $630,000.00 Peterson Sheet Metal x x $653,000.00 Chappell Central, Inc. x x $664,000.00 CA rsGniR 2 _ Ell r7mIC4� Laketown Electric x x $49,300.00 Klein Electric x x $56,062.00 Willmar Electric Service Corp. x x $61,000.00 E2 Electrical Services, Inc. x x $75,000.00 CATEGORY 4 - CONTROL 5 Paape Distributing Co. x x $32,420.00 UHL Company x x 34 922.00 � HVAC Replacement Project Civic Arena Budgeted Category Vendor Cost HVAC St Cloud Refridgeration $586,000 Electrical Laketown Electric $49,300 Controls Paape Distributing Co $32,420 Subtotal $667,720 Design Fees Nelson Ruddie $23,100 Construction Management Contegrity $9,500 Commissioning Costs $12,950 Contingency $50,000 Subtotal $95,550 GRAND TOTAL $763,270 K HUTCHINSON CITY COUNCIL Request for Board Action Approve/Deny Bids on the AV Project for the new Police Station Agenda Item: Department: Admin/Police LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑� New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Back in May, the Council authorized staff to go out for bids on the Audio Visual (AV) portion of the project for the new Police Station. The original budget for this project had the costs estimated at $210,000 with the latest estimate (prior to bid) being at $260,000. We received 4 bids at the bid opening on June 16. The bid tab sheet is included. The apparent lowest, most responsible bidder is Video Services (VSI) with a low bid of $178,300. iSpace Enviroments did not acknowledge the addendum to the bidding process and their low bid cannot be accepted. The bids have been reviewed by the Contegrity Group and staff would recommend that the Council award the bid to Video Services (VSI) with a low bid in the amount of $178,300. FYI... There is about an additional $20,000 of equipment that will be purchased internally by staff in connection with this project, so our overall costs anticipated for this portion of the project should come in under budget. BOARD ACTION REQUESTED: Approve/Deny Bid on the AV Project for the new Police Station Fiscal Impact: $ 178,300.00 Funding Source: New Police Station Debt Fund FTE Impact: Budget Change: No 0 Included in current budget: Yes 0 PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A HUTCHINSON POLICE AV PROJECT - BID TAB JUNE 16, 2022 at 2:00 pm Bid Sec Add BASE BID CATEGORY 29 - AUDIO VISUAL SYSTEMS iSPACE Enviroments x $143,344.60 Video Services (VSI) x 1 $178,300.00 Advanced Systems Integration x 1 $195,181.06 BLUUM LLC. x 1 $228,334.00 City of Hutchinson New Police Facility Date: June 1, 2D22 ORIGINAL CHANGE ADJUSTED PAID BALANCE CATEGORY OF WORK TRADE CONTRACTOR NAME CONTRACT ORDERS CONTRACT TO DATE TO FINISH 1 Demolition/Earthwork/Utilities Kevitt Excavating, LLC $799,400.00 S532,601.89 $1,332,001.89 $990,617.40 $341,384.49 2 Exterior Improvements Ebert Construction $414,200.00 $21,281.94 $435,481.94 $14,736.84 $420,745.10 3 Landscaping Autumn Ridge Landscaping, Inc. $48,494.00 $5,049.00 $53,543.00 $0.00 $53,543.00 4 Concrete K Johnson Construction, Inc. $476,547.00 $4,737.10 $481,284.10 $193,844.74 S287,439.36 5 Precast Concrete Molin Concrete Products Cc $645,158.00 $0.00 $645,158.00 $589,213 43 $55,944.57 6 Masonry Deming Construction, Inc. $1,124,500,00 -$693.00 $1,123,807C0 $457,042.29 $666,764.71 7 Structural Steel Erection Spartan Steel Erectors, Inc. $102,20C.00 $720.00 $102,920.00 $38,684.00 S64,236.00 8 Carpentry Yamry Construction, Inc. $170,000.00 -$59.18 $169,940.82 $3,325.00 $166,615.82 9 Casework Miran Creek Furniture, Inc. $210,599.00 $582.00 $211,181.00 $20,006.91 $191,174.09 10 Exterior Wall Panels Berwald Roofing and Sheet Metal $241,850.00 S0.00 $241,850.00 $0.00 $241,850.00 11 Roofing Thelen Heating & Roofing, Inc. $724,000.00 $1,318.00 $725,318.00 $449,825.00 $275,493.00 12 Overhead doors API Garage Door Store $92,500.00 -$10,245.00 $82,255.00 $0.00 $82,255.00 13 Aluminum Frame/Window & Glazing Fond Metro, Inc. $310,400.00 $11,585.05 $321,9B5,05 $21,770.20 $300,214.85 14 Gypsum Board Pletsch Construction, Inc. $399,000.00 $11,160.00 $410,160.00 $80,522.00 S329,638.00 15,17 Tile & Flooring CFS Interiors and Flooring $267,040.00 $680.00 $267,620.00 $0.00 $267,620.00 16 Acoustical Treatments Sonus Interiors, Inc. $141,000.00 $0.00 $141.000.00 $0.00 $141,000.00 18 Painting Fransen Decorating, Inc. $79,926.00 -$2,160.00 $77,706.00 $752.40 $77,012.60 19 Window Treatments Fashion Interiors $11,749.40 $0.00 $11,749.40 $0.00 $11,749.40 20 Fire Protection Breth-Zenzen Fire Protection $141,290.00 $0,00 $141,290.00 $17,935.05 $123,354.95 21,22 Mechanical/Plumbing & HVAC Falcon Mechanical, Inc. $1,705,000.00 $19,054.16 $1,724,054.16 $599,485.09 $1,124,569.07 23 Controls Paape Distributing Company $164,520.00 $0.00 $154,620,00 $12,092.41 $142.427.59 24 TestinglAdjusting & Balancing Premier Test & Balance, Inc. $24,900.00 $0.00 $24,900.00 $0.00 $24,900.00 25 Elect./Comm./Electronic Safety& Security Fobbe Electric, Inc. $1,183,125.00 S19,470.00 $1,202,595.00 $221,003.25 $981,591.75 26 Steel Supply (materiai only) J R K Steel, Inc. $742,000.00 $12,356.00 $754,35&00 $700,357.10 $53,99&90 27 Standard Doors/Frames/Hardware (M.O.) Mid Central Door $190,964.00 $6,961.78 $197,925.78 $11,724.42 $186,201.36 28 Specialties -(material only) Ebert Construction $162,700.00 -$1,138.76 $161,561.24 $2,850.00 $1.58,711.24 TRADE CONTRACTOR TOTAL: $10,563,061.40 $633,160.98 $11,196,222.38 $4,425,787.53 $6,770,434.85 Contingency Budget $600,000.00 -$637,032.43 S37,032.43 $0.00 -$37,C32.43 General Conditions Budget $700,000,00 $0.00 $700,000.00 $390,86&54 $309,131.46 CM Fee Contegdty Group, Inc. $225,170.00 $0.00 $225,17C.00 $128,565.00 $96,605.00 Architect & Engineer Fee Architect $499,000.00 $0.00 $499,000.00 $449,100.00 $49,900,00 Architect Reimbursables Architect $15,000.00 $1,C41.45 $16,041.45 $16,041.45 $0.00 Commissioning Agent Center `or Energy and Enviroment $48,000.00 $0.00 $48,000.00 $700.00 $47,300.00 Building Permit I Plan Review $66,000.00 $0.00 $66,000.00 $41,057.76 $24,942.24 WAG / SAC (Water and Sewer Access Fees) $0.00 $0.00 $0.00 $0.00 $0.00 CONSTRUCTION TOTAL: $12,716,231,40 -$2,830.00 $12,713,401.40 $5,452,120.28 $7,261,281.12 Owner Items FF & E $600,000.00 So.00 $600,000.00 $6,371.40 $593,628.60 Utility Relocations $0.00 $0.00 $0100 $0.00 $C.00 Technology - AV Allowance $210.000.00 $0.00 $210,000.00 $0.00 $210,000.00 Owner Furnished Equipment $45,000.00 $0.00 $45,000.00 $0.00 $45,000.00 Asbestos & Hazardous Material Remediation TBD $0.00 $0.00 $0.00 $0.00 $0,00 Acquisition & Closing Costs $654,368.00 $0.00 $654,368.00 $654,368.00 $0.00 Braun intertec $98,597.00 $2,830.00 $101,427.00 $106,479.85 -$5,052.65 Other Cost Incurred By City $42,810.00 $0.00 $42,810.00 $0.00 $42,810.00 Builder's Risk Insurance $20,000.00 $0.00 $20,000.00 $17,188.00 $2,812.00 PROJECT TOTAL: $14,387,006.40 $0.00 $14,387,006.40 $6,236,527.53 $8,150,478.87 HUTCHINSON CITY COUNCIL Cityaf 'Aim Request for Board Action 7A - =-z7 Agenda Item: Resolution #15469 Approving a Negative Declaration on need for an EIS for the b Department: PW/Eng LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner/Todd Hubmer Reviewed by Staff r' New Business Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The City of Hutchinson is proposing to restore the 650-acre Otter and Campbell Lakes and portions of the South Fork Crow River. This restoration will include sediment trapping, stream bank and wetland restoration in contributing watersheds, native lakeshore buffer, habitat improvements, forebay construction, removal of sediment accumulated in the lakes, and recreational and accessibility improvements. The purpose of the Proposed Project is to improve water quality and habitat, reduce soil loss, and increase recreation opportunities and access for the public. Preparation of an Environmental Assessment Worksheet (EAW) is considered mandatory under Minnesota Rules 4410.4300. The City of Hutchinson is the project proposer and the Responsible Governmental Unit (RGU) for this project, as per Minnesota Rules 4410.4300, Subpart 27.A and Subpart 27.B. The EAW was filed with the Minnesota Environmental Quality Board (EQB) and circulated for review to the required EQB Distribution List. A "notice of availability" was published in the EQB Monitor on May 5, 2022. A press release was distributed to the Hutchinson Leader on May 2, 2022. The EAW was posted on the City of Hutchinson's website at: https://hutchinsommn.gov/wp-content/uploads/2022/05/Otter-and-Campbell-Lakes-Restoration-EAW.pdf. The EAW was also made available for public review at Hutchinson City Hall in Hutchinson, MN. Comments were formally received through June 2, 2022. A total of four written comment letters were received during the EAW comment period. All comments received during the EAW comment period were considered in determining the potential for significant environmental impacts. Based upon information in the record, which is comprised of the EAW for the Proposed Project, the issues raised during the public comment period, the responses to the comments, and other supporting documents, the City makes the following Findings of Fact and Conclusions: The project does not represent a significant adverse impact and that adequate procedures and permitting processes are present to protect sensitive resources and the environment. The staff recommend the Council give consideration to approve the attached: Resolution #15469, RESOLUTION APPROVING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE OTTER AND CAMPBELL LAKES RESTORATION PROJECT. The complete Findings of Fact and Record of Decision is included in the Council Packet for your review and consideration. BOARD ACTION REQUESTED: Approval of the Attached Resolution #15469 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 15469 CITY OF HUTCHINSON, MINNESOTA RESOLUTION APPROVING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE OTTER AND CAMPBELL LAKES RESTORATION PROJECT WHEREAS, the laws of the State of Minnesota require that an Environmental Assessment Worksheet (EAW) be prepared whenever a project will change or dimmish the course, current, or cross- section of one acre or more of any public water or public waters wetland and whenever a project will cause an impact, as defined in part 8420.0111, to a total of one acre or more of wetland (Minnesota Rules 4410.4300 Subpart 27 A and B); and WHEREAS, an EAW was prepared for the Otter and Campbell Lake Restoration Project and reviewed by the City of Hutchinson, and the document was circulated for comments to the required State and Federal agencies, as provided by law; and WHEREAS, notice of availability of the EAW was published in the EQB Monitor and the thirty -day comment period ended on June 2, 2022, and during such period comments were received from four agencies; and WHEREAS, the City Council is required by law to make a finding on the adequacy of the EAW and to determine whether an Environmental Impact Statement (EIS) should be prepared; and WHEREAS, the City Council met at a regularly scheduled meeting on June 28, 2022 and considered the EAW, the reports of its staff, and the comments received from the parties as noted above; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS WITH REGARD TO THE ENVIRONMENTAL IMPACT OF THE PROPOSED OTTER AND CAMPBELL LAKE RESTORATION PROJECT: 1. The Environmental Assessment Worksheet (EAW) and related documentation for the Otter and Campbell Lake Restoration Project were prepared in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules 4410.1000 to 4410.1700. All requirements for environmental review of the proposed project have been met. 2. The EAW and the pertinent development processes, including future permits, related to the project have generated information which is adequate to determine whether the project has the potential for significant environmental effects. 3. Based on criteria in Minnesota Rules, part 4410.1700, the project does not have the potential for significant environmental effects. 4. An Environmental Impact Statement (EIS) is not required for the proposed Otter and Campbell Lake Restoration Project. The Responsible Government Unit (RGU) makes a Negative Declaration and does not require the preparation of an EIS for the Otter and Campbell Lake Restoration Project. BE IT FURTHER RESOLVED that based on the findings above, the City Council has determined that the Otter and Campbell Lake Restoration Project does not have the potential for significant environmental effects and that preparation of an EIS is not mandated in this instance. BE IT FURTHER RESOLVED that nothing in this determination that the EAW is adequate should be interpreted in any way to suggest that the City has approved the proposed Project and any associated permits. Passed and duly adopted by the Council of the City of Hutchinson this day June 28, 2022. Gary T. Forcier, Mayor ATTEST: Matthew Jaunich, City Administrator FINDINGS OF FACT and CONCLUSIONS Otter and Campbell Lakes Restoration, CITY OF HUTCHINSON Responsible Government Unit: City of Hutchinson, Minnesota Contact Person: Kent Exner, City Engineer 111 Hassan Street SE Hutchinson, MN 55350 320-234-4241 kexner@ci.hutchinson.mn.us Proposer: City of Hutchinson, Minnesota Contact Person: Kent Exner, City Engineer 111 Hassan Street SE Hutchinson, MN 55350 320-234-4241 kexner@ci.hutchinson.mn.us June 2022 TABLE OF CONTENTS I. STATEMENT OF ISSUE......................................................................................................... 1 II. ADMINISTRATIVE BACKGROUND........................................................................................ 1 Ill. FINDINGS OF FACT.............................................................................................................. 2 A. Project Description..........................................................................................................................2 B. Corrections to the EAW or Changes in the Project since the EAW was Published ..........................5 C. Agency and Public Comments on the EAW and Responses............................................................5 IV. DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT STATEMENT .................... 19 A. Type, extent, and reversibility of environmental impacts.............................................................19 B. Cumulative potential effects of related or anticipated future projects........................................19 C. The extent to which the environmental effects are subject to mitigation by ongoing public regulatoryauthority................................................................................................................................19 D. The extent to which the environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, includingother EISs.................................................................................................................................20 V. CONCLUSIONS...................................................................................................................21 APPENDICES APPENDIX A— EAW PUBLICATION AND NOTIFICATION MATERIALS APPENDIX B —COMMENTS RECEIVED APPENDIX C — NEGATIVE DECLARATION ON THE NEED FOR AN EIS I. STATEMENT OF ISSUE The City of Hutchinson is proposing to restore the 650-acre Otter and Campbell Lakes and portions of the South Fork Crow River. This restoration will include sediment trapping, stream bank and wetland restoration in contributing watersheds, native lakeshore buffer, habitat improvements, forebay construction, removal of sediment accumulated in the lakes, and recreational and accessibility improvements. The purpose of the Proposed Project is to improve water quality and habitat, reduce soil loss, and increase recreation opportunities and access for the public. Preparation of an Environmental Assessment Worksheet (EAW) is considered mandatory under Minnesota Rules 4410.4300. The City of Hutchinson is the project proposer and the Responsible Governmental Unit (RGU) for this project, as per Minnesota Rules 4410.4300, Subpart 27.A and Subpart 27.13. The City of Hutchinson's decision in this matter shall be either a negative or positive declaration on the need for an Environmental Impact Statement (EIS). The City must order the preparation of an EIS for the project if it determines that the project has the potential for significant environmental effects. Based upon information in the record, which is comprised of the EAW for the Proposed Project, the issues raised during the public comment period, the responses to the comments, and other supporting documents, the City makes the following Findings of Fact and Conclusions: II. ADMINISTRATIVE BACKGROUND The City of Hutchinson is the proposer and the RGU for the Otter and Campbell Lakes Restoration Project. An EAW was prepared for this project as part of the Minnesota Environmental Policy Act (MEPA) to fulfill requirements M.S. 116D and Minnesota Rules Chapter 4410. The EAW is used to provide sufficient environmental documentation for the RGU to base a determination of need for a state EIS or that a Negative Declaration is appropriate. The EAW was filed with the Minnesota Environmental Quality Board (EQB) and circulated for review to the required EQB Distribution List. A "notice of availability" was published in the EQB Monitor on May 5, 2022. Appendix A contains a copy of the EQB Monitor listing for the project and members on the EAW Distribution List. A press release was distributed to the Hutchinson Leader on May 2, 2022 (see Appendix A). The EAW was posted on the City of Hutchinson's website at: https://hutchinsommn.gov/wp- content/uploads/2022/05/Otter-and-Campbell-Lakes-Restoration-EAW.pdf. The EAW was also made available for public review at Hutchinson City Hall in Hutchinson, MN. Comments were formally received through June 2, 2022. A total of four written comment letters were received during the EAW comment period. All comments received during the EAW comment period were considered in determining the potential for significant environmental impacts. Comments received during the comment period are provided in Appendix B. Page 1 III. FINDINGS OF FACT A. Project Description Otter and Campbell Lakes are located on the western side of the City of Hutchinson in McLeod County, Minnesota. The two lakes form a contiguous body of water, approximately 650 acres in total, and were created by a dam/spillway constructed east of the lakes on the South Fork Crow River. The South Fork Crow River enters at the west side of Otter Lake after traveling through rural, agricultural land in Kandiyohi, Meeker, and McLeod Counties. The proposed project will restore Otter and Campbell Lakes and portions of the upstream watershed of the South Fork Crow River using a watershed approach. Project goals are to improve water quality and habitat, reduce soil loss, and increase recreation opportunities and access for the public. Project activities will take place in Otter and Campbell Lakes and the upstream watershed. Including this large area at the outset of the project is intended to guide specific activity locations and serve as a foundation for further investigation. Project sites in the upstream watershed will be selected that have the greatest potential to improve water quality and reduce soil loss. The project aims to avoid sensitive natural and cultural resource areas. A more detailed investigation of sensitive resources will be completed of priority improvement sites when they are identified. Project activities in the upstream watershed will be identified through data collection and discussions with the technical advisory panel (TAP). A TAP was established in 2018 and consists of representatives of the City of Hutchinson, McLeod Soil and Water Conservation District (SWCD), Renville County SWCD, US Department of Agriculture (USDA), US Army Corps of Engineers, MN Department of Natural Resources (DNR), and resident landowners. Project History The original dam, built in the late 19th Century, was replaced in 1965 by a fixed -crest concrete weir with tainter gates and a slide gate to provide more discharge during high -flow conditions, which was subsequently replaced in 2008 by a fixed -crest rock riffle dam and spillway, constructed to retain water in the basin at a minimum elevation of 1037.8 feet, slightly lower than the previous dam crest (1038.5 feet) so as not to impact flood levels. The 2008 reconstruction improves safety and provides a passive structure allowing the passage of fish and other aquatic species. The replacement dam is a rock riffle structure consisting of a series of stepped -boulder weirs, a steel sheet -pile wall at the upstream crest, and three downstream rock riffles. In the lakes, sedimentation and nutrient enrichment, as a result of predominantly agricultural land uses in the upstream watershed, have resulted in poor, eutrophic water quality and habitat loss. The lakes provide a wide variety of recreational uses, but shallow water, vegetation growth, and sedimentation issues have altered the potential uses and limited access to parts of the lakes and river. The South Fork Crow River is considered an impaired waterway for E. coli, Page 2 nutrients, fish bioassessments, and benthic macroinvertebrate bioassessments and has an approved TMDL for mercury and turbidity. The City of Hutchinson wants to develop lakes and river basin strategies to manage this valuable public resource for long-term sustainability and public use. The City of Hutchinson contracted a Hutchinson Lakes/River Basin Improvement Study to gain a better understanding of the current condition of the river, lakes, and dam in order to identify activities that may be implemented to effectively improve this resource and recreational amenity. A report on the findings was published in 2017. The City then developed a plan in 2018-2019 to restore the water quality and habitat of the lakes. The plan reviewed existing data, establishing a technical advisory panel (TAP), developed a list of potential projects with approximate costs, funding sources, and priority level. Currently, the City is proposing to enact this plan in two phases. The first phase will focus on improvements that can be made in the upstream watershed and the construction of the forebay BMP. Data collection will take place, sources of high sediment loading will be located, and specific project sites will be identified and restored. The large project area shown in the Figure 3 will be narrowed down to specific project sites. The second phase will focus on Otter and Campbell Lakes, by restoring lakeshore and surrounding wetlands, removing sediment, and installing recreational structures. Project Tasks The following tasks are proposed to achieve the project's goals: - Collect water quality and sediment core data - Restore lakeshore, wetlands, and stream banks - Construct a forebay BMP on the west side of Otter Lake - Remove sediment from Otter and Campbell Lakes - Install recreational structures such as boat launches, fishing piers, and overlooks Data Collection Historical data will be reviewed, and current data will be collected on water quality of the streams and lakes in the project area. Reports and planning documents from the Minnesota Pollution Control Agency (MPCA), Crow River Organization of Water (CROW), Barr Engineering, and MN DNR will be reviewed for existing conditions and needs. Total suspended solids (TSS) and total phosphorus (TP) loading rates at inlets and outlets are currently unknown for the project area. The first step in current data collection will be to identify key inlet and outlet locations to set up TSS, TP, and flow gage stations. TSS and TP data will be used to create total maximum daily load (TMDL) which will be used as a baseline for subsequent project activities. Stream Bank. Wetland. and Lakeshore Restoration Feedback received in discussions with the TAP highlighted initial priority areas for stream bank restoration on tributaries to the South Fork Crow River, Otter, and Campbell Lakes based on known high erosion areas. Known priority areas are on segments of Campbell Lake Creek, Otter Creek, Judicial Ditch No. 1, and South Fork Crow River. Stream banks will be stabilized with Page 3 boulders, root wad, toe wood, native buffer plantings, rock riffles, rock vane, and bank shaping. Reducing the amount of erosion taking place along these stream segments will reduce soil loss from riparian areas and decrease the sedimentation in Otter and Campbell Lakes. Wetlands along Campbell Lake Creek, Otter Lake Creek, South Fork Crow River, and adjacent to both Otter and Campbell Lakes will be restored in order to improve water quality, retain water, reduce soil loss, and create habitat. Wetland restoration activities may include removing drain tile, restoring natural topography, and native plantings. Lakeshore restoration activities will take place along the shoreline of Otter and Campbell Lakes. The City of Hutchinson has already worked on restoring shoreline and future activities would continue their efforts. Improving shoreline will reduce the inflow of TSS and TP into the lakes, provide aquatic habitat, and stabilize the shoreline. Lakeshore improvements will include adding native buffer plantings, toe wood, root wad, fish sticks, and woody habitat. Utilizing native woody material will encourage healthy invertebrate and fish populations by creating areas for hiding, nesting, and feeding. Woody debris will serve as a structure for aquatic vegetation which will provide habitat for other wildlife. As much of the property surrounding the lakes and in the upstream watershed is private, significant collaboration with property owners and project partners such as DNR and SWCDs is ongoing and will continue. Forebav Construction A forebay will be constructed at the northwestern side of Otter Lake at the mouth of the Crow River. Prior to construction, sediment that has already deposited in this area will be excavated. A rock arch will be installed to help filter water as it flows out of the Crow River and a deep pool will be constructed for water to pass through before entering Otter Lake. This will allow sediment to separate and drop into the forebay, preventing it from accumulating in Otter Lake. The forebay BMP will facilitate future maintenance by creating an area where sediment can easily be removed on a regular basis which will also ensure the longevity of other lake restoration efforts. Sediment Removal Otter and Campbell Lakes have accumulated excessive sediment over time due to land use practices in the upstream watershed. This sedimentation has led to shallow water zones, poor water quality, and nutrient enrichment of the lakes, conditions which create poor wildlife habitat and poor recreational opportunities. A 2017 study surveyed the bathymetry of the lakes and sampled sediment to determine where deposition has occurred over time and sediment characteristics. The results of the study as well as collaboration with the DNR and other partners will be used to inform the proposed location and quantity of sediment removal. The project proposes to excavate sediment in order to increase lake depth and remove the nutrient rich top layer of substrate in the two lakes and in bays on the Crow River east of Otter Lake. Sediment removal combined with habitat construction will increase fish diversity, improve water quality, and improve aquatic vegetation. There has been a recent increase in the abundance of curly -leaf pondweed (CLP), an aquatic invasive species. Reducing the shallow, nutrient rich environment Page 4 will create less desirable growing conditions for CLP. The excavated sediment will benefit local farmers as a nutrient rich layer of topsoil added to farmland. Recreation Improvements The TAP also established a goal of increasing public access and recreation to Otter and Campbell Lakes. This will be accomplished by installing fishing piers, canoe and kayak launches, and overlooks. The culvert between Campbell and Otter Lakes may be enlarged to allow for recreational connection. Potential locations for fishing piers and canoe/kayak launches: - Southwest corner of Campbell Lake, at the corner of Hwy 7 and Sioux Hills Road - Northeastern side of Campbell Lake, near the Crow River Golf Course - City of Hutchinson parks: Roberts, Drift Rider, Odd Fellow's Parks - Highway 82/South Grade Road, where the roadway bisects Otter Lake B. Corrections to the EAW or Changes in the Project since the EAW was Published No corrections/changes have been made to the environmental documentation since the publication of the EAW. Due to the currently unknown schedule of financing and project start dates, the City acknowledges that additional information will be needed as the project progresses. The City will amend the EAW and request additional review if deemed necessary by State Rules and agency stakeholders. The City also will be working closely with permitting agencies and the public as project elements are better defined and details are developed. C. Agency and Public Comments on the EAW and Responses Three written comment letters on the Otter and Campbell Lakes Restoration EAW were received from public agencies: MnDNR, MPCA, and USACE. Additionally, one comment letter was submitted by McLeod SWCD on behalf of a landowner who owns property within the Study Area. A listing of the comments and responses from the Project Proposer is found in Table 1, "Otter and Campbell Lakes Restoration EAW — Comments Received and Responses." Refer to Appendix B for agency comment letters in their entirety. Page 5 Table 1: Otter and Campbell Lakes Restoration EAW — Comments Received and Responses Comment N Number Agency / Commenter Comment Response I just received a phone call from a landowner who has property in the upper reaches of the Otter/Campbell drainage area. She had concerns about some of the identified potential projects, the major concern was Comment noted. Opportunities for riparian drainage tile impacts that could be caused if tile were to be broke and landowners to provide input through public wetlands restored. We had a nice conversation about the processes meeting or other venue will occur during the design 1 McLeod that are gone through in order to restore wetlands and alter drainage. and permitting processes for the Proposed Project. SWCD She was happy to hear that all landowners who would be effected by a Riparian landowner permission must be obtained wetland restoration would be included in the planning process to prior to the implementation of any Proposed avoid any negative impacts. She asked that I pass her contact Project. information along to you in case you should have any additional questions or want to include her in future correspondence regarding the NE portions of the project area. We generally encourage that project information necessary for public waters work permitting is largely developed for and public noticed in the EAW. Tying permitting to environmental review informs decision makers and improves permitting decisions. For this project, we will Due to the currently unknown schedule of financing need substantially more information for the public waters work permit and project start dates, the City acknowledges that application(s) to be considered complete. additional information will be needed as the project progresses. The City will amend the EAW The EAW does not appear to include all the information required by and request additional review if deemed necessary 2 MnDNR Minnesota Rules 4410.1200 and the EAW form developed by the by State Rules and agency stakeholders. The City also will be working closely with permitting Environmental Quality Board, per 4410.1300. Specifically, items that agencies and the public as project elements are appear to be missing include: specific project sites, methods of better defined and details are developed. The City construction, quantification of physical characteristics and impacts, anticipates this project to be implemented in a and specific resource protection measures. As such, there is not series of phases based on financing and could take enough information to fully assess the potential impacts of several nearly a decade to complete. possible projects and activities. Due to the lack of specific project details and analysis, we recommend Page 6 Comment Agency / Comment [+esporfb Number Commenter • that the RGU follow procedures established in Minnesota Administrative Rules 4410.1700 to complete the process by supplementing the document and final Record of Decision with the additional information required to determine the need for an EIS. Since several possible projects listed in the EAW could separately trigger EAW thresholds, if these projects are not reviewed in detail in the revised EAW, additional EAW processes may be required. Table 1 of the EAW tabulates the project activities (priorities) and is copied below for reference. Activity 1-Data Collection does not appear to require an EAW and the DNR generally supports this activity. Activities 2-Stream Restoration, 3-Lakeshore Restoration, and 4- The City will work closely with the MnDNR during 3 MnDNR Upland Wetland Restoration do not have sufficient information development of these plans, permitting and included in the EAW to offer high-level comments at this time. construction. Activities 5-Sediment Forebay and 6-Lake Sediment Removal and Habitat Improvements include identified locations and will require a DNR public waters work permit. Activity 8, Rough Fish Control, is not supported by the DNR because the activity is not an effective long-term solution as carp can quickly The City does not anticipate fish barriers to be recolonize the Otter and Campbell Lake impoundments from the constructed within this large river system. The City upstream and downstream direction. We also do not support fish may request permission to remove rough fish to 4 MnDNR barriers in this system, as migration of native fish species is crucial for below populations that adversely impact lake native fish population survival. Native fish species provide some ecology, vegetation, and water quality. The City resilience against invasive common carp dominance and promoting recognizes that this activity will need a complete complete habitat connectivity and full fish passage was a project goal evaluation with MnDNR fisheries and permitting during the dam removal and rock arch rapids installation. We are prior to implementation. unlikely to permit rough fish control. Page 7 Comment Agency/ Comment Response Number Commenter We have included more specific comments related to activities 5- Sediment Forebay and 6-Lake Sediment Removal and Habitat Improvements below. These activities appear to rely heavily on Comment noted. The City is prioritizing the dredging and creating a sediment trap in the public water, which can upstream stream stabilization and sediment be destructive, costly, and ineffective if watershed sediment reduction as the first phase of this project. The 5 MnDNR contributions are not first addressed. As such, several Minnesota Rules sediment forebay will be designed with the input of relate to these activities. The following list includes specific rules, data, MnDNR staff. This forebay is intended to extend and plan needs for the proposed excavation and structural activities the life of the in -lake habitat and recreational that must be addressed before the public waters work permit improvements. application is complete. Additional information beyond this list may be required as the permit application is received and reviewed in detail. Public waters dredging must be limited to preserve the natural character of public waters and their shorelands in order to minimize The City will work closely with MnDNR staff and encroachment, change, or damage to the environment, particularly the public to define the limits and quantity of public 6 MnDNR the ecosystem of the waters (6115.0200, Subp. 1). Dredging should be waters dredging. MnDNR permits are required for limited to the removal of accumulated sediment only, as based on a this work and input from the agency during design comprehensive review of sediment core data, and maintain a littoral will be requested. shore buffer. The proposed project must represent the "minimal impact" solution to a specific need with respect to all other reasonable alternatives and shall not The City has spent several years developing a plan exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters; excavation is limited to for Otter and Campbell Lakes restoration with the the minimum dimensions necessary for achieving the desired purpose; any local and regional governments input. The City has adverse effects on the physical or biological character of the waters are received the support of governmental units and 7 MnDNR subject to feasible mitigation measures; and the proposed project is financing for the upstream sediment reduction consistent with water and related land management plans and programs of strategy from the Minnesota Legislature. local and regional governments, provided these plans are consistent with Supplemental investigations will occur as financing state plans and programs (6115.0210, Subp. 5). Additional information should becomes available to complete that phase of the be provided discussing the alternatives considered and rationale for selecting project. This information will be shared will dredging and forebay construction as the preferred alternatives. Additional stakeholders and permitting agencies. materials should be provided explaining the project's consistency with the goals and objectives of local plans, such as the McLeod County Water Plan. Page 8 Comment Number Agency/ Commenter Comment Response The public need for the excavation must be established by local governmental resolution specifying the public interests to be improved Comment noted. local government resolution or enhanced. A copy of the resolution must be provided for specifying the public interests to be improved or 8 MnDNR permitting. The proposed excavation must be intended to improve enhanced will be provided part of the permitting navigation, swimming, and other recreational uses; reduce winter fish- Process for the proposed project(s). kill potential; and eliminate a source of nutrients or contaminants (6115.0201, Subp. 3). The project will need to prepare a comprehensive plan or revise any existing comprehensive plan for this project as follows: The proposed excavation must be part of an overall improvement or enhancement project based upon adequate background and field test data for which a comprehensive plan is submitted at the time of application detailing the information below (6115.0201, Subp. 3): 1.Objectives to be accomplished and an analysis of any alternative means considered to meet the objectives and the rationale for selecting excavation. 2. Sufficient soil boring and bottom sampling data to evaluate sediment quality and bottom "seal" conditions. Where excavation is The City will be preparing these analyses as the proposed on a waterbasin that is perched on an impervious stratum, Project progresses and funding is made available. 9 MnDNR soil borings must show that the proposed excavation will not rupture These elements are requirements of the permitting the impervious stratum. 3. The methods, uses, and locations to be employed in excavating and Processes. disposing of excavated material consistent with provisions of 6115.0190 to 6115.0192. 4. Existing water quality data and provision for future water quality monitoring including any water returned to the waterbasin during the removal of excavated materials. 5. A timetable which indicates anticipated yearly excavation areas and volumes of materials to be removed, plus the selected disposal methods, uses, and deposition locations for each excavation period. 6. A detailed description of proposed excavation and disposal equipment and facilities, including where applicable, the length of Page 9 Comment Agency/ Comment Nespor%w Number Commenter discharge pipe purchased or available for the project and the pumping characteristics ofthe equipment. Excavations to restore or improve fish and wildlife habitat require The City will be preparing these analyses as the plans showing the nature and degree of habitat to be benefited as well project progresses and funding is made available. 10 MnDNR as information showing the project will not create other adverse These elements are requirements of the permitting effects such as flooding, erosion, sedimentation, or navigational obstructions (6115.0201, Subp. 6). processes. Projected reservoir depths and sediment cores must be documented. The City will be preparing these analyses as the 11 MnDNR The city should verify with soil borings and/or other means of geologic project progresses and funding is made available. assessment the type of sediment/soil strata and underground These elements are requirements of the permitting formations in the vicinity (6115.0200, Subp. 3 and 5). processes. Sediments proposed for excavation need to be tested for pollutants or Comment noted. Sediments proposed for hazardous materials. The disposal of excavated materials containing excavation will be tested for pollutants and 12 MnDNR pollutants is subject to the requirements of Minn. Statutes, Chapter hazardous materials. All State rules regarding the 115 (6115.0200, Subp. 5). disposal of excavated materials containing pollutants will be followed. Excavation is prohibited where the excavation would cause increased seepage of water which would lower the water level of public waters and result in subsurface drainage (6115.0200, Subp. 3). When excavation is proposed in a public water that is perched on impervious The City will be preparing these analyses as the 13 MnDNR stratum, soil borings show that the proposed excavation will not project progresses and funding is made available. rupture the impervious stratum (6115.0200, Subp. 5). Explain the These elements are requirements of the permitting geological conditions, site settings, and methodology used to processes. determine or dismiss the presence of an impervious stratum. Also, where present, explain how the proposed excavation will not cause seepage or rupture the impervious stratum. Page 10 Comment Agency/ Comment Response Number Commenter Dredging activities should adhere to a minimum setback distance from shore to protect from the littoral zone, which is generally the most The City will be preparing these analyses as the 14 MnDNR Productive area of the lake, particularly for plants and invertebrates. project progresses and funding is made available. An approximate setback of 150-250 feet may be appropriate, though These elements are requirements of the permitting the littoral zone needs to be assessed more closely. These setbacks processes. preserve most of the spawning and nursery areas for fish. Excavation is prohibited where it will be detrimental to significant fish and wildlife habitat and there is no feasible means to mitigate the Comment noted. Excavations associated with the 15 MnDNR effects, or where the excavation would take threatened or endangered proposed project(s) will not occur during fish species without authorization by the Commissioner (6115.0200, Subp. spawning season unless authorized by the MnDNR. 3). Excavations must avoid fish spawning season, which is typically from ice -out through June 15. The navigational characteristics of the water must be protected to ensure that the interests of the public and of private riparian The City will be preparing these analyses as the landowners are not adversely affected by the proposed excavation Project progresses and funding is made available. 16 MnDNR 6115.0200, Sub 5 . The project, articular) the proposed foreba , ( P• ) P 1 particularly P p y These elements are requirements of the permitting is not allowed to impact reasonable navigation. Explain how the project will avoid impacts to canoe and watercraft travel on the state- Processes. designated water trail. Otter Lake and Campbell Lake sub -basin are meandered waterbasins, meaning the bed of the lake is jointly owned by all riparian property owners, and the lakebed property is held in trust by the State of Minnesota (DNR). Though the City of Hutchinson is a riparian owner Comment noted. Opportunities for riparian insofar as the city owns significant lakeshore property, the city does landowners to provide input through a public not have an inherent right to commence a project affecting the bed of meeting or other venue will occur during design 17 MnDNR the lake (the city's own riparian property notwithstanding) without and the permitting processes for the proposed approval by the riparian landowner or owners adjacent to the area project(s). Riparian landowner permission will be where work is proposed. Therefore, the project needs to obtain obtained, as necessary, prior to the implementation riparian landowner permission for the proposed dredging and forebay. of the Proposed Project. We have generally required landowner permission from the riparian landowner or owners adjacent to the project site or sites. Per 6115.0240, Subp. 2, applications shall be submitted by the riparian Page 11 Comment Agency/ Comment Response Number Commenter owner of the land on which a project is proposed, except: 1. A governmental agency authorized by law to conduct the project may apply if the property rights acquired or to be acquired are fully described in the application. 2. A holder of appropriate property rights such as a lease or easement may apply if the application is countersigned by the owner and accompanied by a copy of the lease or other agreement. Excavations for construction of sediment traps or settling basins to Comment noted. The proposed project(s) will control sedimentation and water quality shall be based on plans follow all state and local rules, regulations, and approved by the Pollution Control Agency or the local soil and water requirements regarding excavations for 18 MnDNR conservation district and shall be consistent with any state and local construction of sediment traps or settling basins to standards, regulations, and requirements (6115.0201, Subp. 7). A copy control sedimentation and water quality, and all of this approval may be required for permitting. related plans will be approved by the MPCA or the local SWCD. Structures in public waters should be limited to preserve the natural character of public waters and their shorelands. Placement of structures are prohibited when it will obstruct navigation or create a The City will be preparing these analyses as the 19 MnDNR water safety hazard, will be detrimental to significant fish and wildlife project progresses and funding is made available. habitat, or will take threatened or endangered species without These elements are requirements of the permitting authorization from the Commissioner, per 6212.1800 to 6212.2300 processes. (6115.0210, Subp. 3). The forebay is planned within a state -designated canoe route (i.e. state water trail) and necessitates further review. Proposed structures in public waters must document a public need which outweighs adverse environmental impacts, the site must be The City will be preparing these analyses as the 20 MnDNR adequately protected from the forces of ice and wave pressures, and project progresses and funding is made available. the proposed construction is of sound design and is not necessarily These elements are requirements of the permitting obtrusive or visually incompatible with the natural surroundings processes. (6115.0211, Subp. 7). Page 12 Comment Agency/ Comment Response Number Commenter Explain how river flow will be managed during construction of the forebay. The specific methods need to be provided in detail. The outlet shall be adequate in that it sufficiently conveys the discharge waters from the area proposed for excavation, does not produce substantial The City will be preparing these analyses as the increases in downstream overbank flooding, and does not produce Project progresses and funding is made available. 21 MnDNR downstream erosion hazards as a result of excavation (6115.0201, Subp. 7). No significant increase in flood damages will be permitted These elements are requirements of the permitting (6115.0201, Subp. 7). A detailed hydrology and hydraulics (H&H) Processes. model must be prepared and a report generated for the proposed forebay, as well as other floodplain encroachments, to quantify the anticipated effects on the regional flood. Document the sediment load being delivered from the upstream The City will be preparing these analyses as the contributing watershed, anticipated quantities, and how quickly the project progresses and funding is made available. 22 MnDNR proposed forebay may fill. Also explain the planned long-term These elements are requirements of the permitting maintenance. processes. The project may not create an aesthetic intrusion or be obtrusive or The City will be preparing these analyses as the visually incompatible with the natural surroundings (6115.0211, Subp. 23 MnDNR 7). Explain the nature and degree of anticipated aesthetic intrusion by Project progresses and funding is made available. providing details on the expected size, shape, and construction These elements are requirements of the permitting materials used for the structure. processes. Comment noted. The proposed project(s) will be The project must be consistent with all applicable local, state, and consistent with all applicable local, state, and 24 MnDNR federal management plans for the waterbody, and encroachment federal management plans for the relevant below the ordinary high water level (OHW) must be held to the waterbodies, and encroachment below the OHW absolute minimum necessary for construction (6115.0211, Subp. 5). will be held to the absolute minimum necessary for construction. Page 13 Comment Agency/ Comment Response Number Commenter Explain where dredged materials will be placed for dewatering, the anticipated time necessary for dewatering, and the methods used to stabilize the materials and prevent re -deposition of sediment or The City will be preparing these analyses as the 25 MnDNR stockpile leakage from re-entering the lake. Land application of project progresses and funding is made available. excavated materials must be on stable disposal sites located above the These elements are requirements of the permitting OHW and outside of floodway districts established under local processes. ordinance. Provisions must be included for sodding, seeding, or otherwise properly stabilizing these materials (6115.0200. Subp. 5). Temporary deposition of excavated materials along shorelines for Comment noted. Any stockpiled material along subsequent removal to areas outside of public waters requires that shorelines associated with the proposed project(s) any stockpile material be removed within one year of stockpiling and would be removed within one year of stockpiling, 26 MnDNR the stockpile is constructed so that any materials or waters entering or and the stockpile would be constructed so that any leaving the stockpile are controlled to prevent any introduction of materials or waters entering or leaving the sediment into the environment surrounding the stockpile (6115.0200, stockpile are controlled to prevent any introduction Subp. 5). of sediment into the environment surrounding the stockpile. Because of the project scope, the project proposer will need to Comment noted. Opportunities for riparian provide riparian landowners (and the greater public) opportunities for landowners to provide input through a public input through a public meeting or other venue. Riparian landowners meeting or other venue will occur during the design 27 MnDNR need to participate in project development and provide feedback that and permitting processes for the proposed should be used to shape the project. We may require such input for project(s), and riparian landowner permission will permitting, and any substantial landowner concerns could result in be obtained, as necessary, prior to the public waters work permit limitations or possible denial. implementation of a proposed project. Thank you for the opportunity to review and comment on the Environmental Assessment Worksheet (EAW) for the Otter and Campbell Lakes Restoration project (Project) located in McLeod, Renville, and Meeker Counties, Minnesota. The Project consists of 28 MPCA restoration of Otter and Campbell Lakes and portions of the South Comment noted. Fork Crow River. Minnesota Pollution Control Agency (MPCA) staff has reviewed the EAW and have no comments at this time. We appreciate the opportunity to review this project. Please provide Page 14 Comment Agency/ Comment Response Number Commenter the notice of decision on the need for an Environmental Impact Statement. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit action(s) by the MPCA. Ultimately, it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this EAW, please contact me by email at Karen.kromar@state.mn.us or by telephone at 651-757-2508. This letter is in response to correspondence we received from the City of Hutchinson regarding the Otter and Campbell Lakes Restoration project. This letter contains our initial comments on this project for your consideration. The purpose of this letter is to inform you that 29 USACE based on the Otter and Campbell Lakes Restoration EAW for the Comment noted. project referenced above a Department of the Army (DA) permit would be required for your proposed activity. In lieu of a specific response, please consider the following general information concerning our regulatory program that may apply to the proposed project. If the proposal involves activity in navigable waters of the United States, it may be subject to the Corps of Engineers' jurisdiction under Section 10 of the Rivers and Harbors Act of 1899 (Section 10). Section 10 prohibits the construction, excavation, or deposition of materials in, over, or under navigable waters of the United States, or any work that would affect the course, location, condition, or capacity of those waters, unless the work has Comment noted. A Section 404 Permit will be 30 USACE been authorized by a Department of the Army permit. secured prior to the implementation of the Proposed Project. All Section 10 permitting If the proposal involves discharge of dredged or fill material into waters of the processes will be undertaken, if necessary. United States, it may be subject to the Corps of Engineers' jurisdiction under Section 404 of the Clean Water Act (CWA Section 404). Waters of the United States include navigable waters, their tributaries, and adjacent wetlands (33 CFR § 328.3). CWA Section 301(a) prohibits discharges of dredged or fill material into waters of the United States, unless the work has been Page 15 Comment Number Agency/ Commenter Comment llesporaw authorized by a Department of the Army permit under Section 404. Information about the Corps permitting process can be obtained online at http://www.mvp.usace.army.mil/regulatory. The Corps evaluation of a Section 10 and/or a Section 404 permit application involves multiple analyses, including (1) evaluating the proposal's impacts in accordance with the National Environmental Policy Act (NEPA) (33 CFR part 325), (2) determining whether the proposal is contrary to the public interest (33 CFR § 320.4), and (3) in the case of a Section 404 permit, determining whether the proposal complies with the Section 404(b)(1) Guidelines (Guidelines) (40 CFR part 230). If the proposal requires a Section 404 permit application, the Guidelines specifically require that "no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences" (40 CFR § 230.10(a)). Time and money spent on the proposal prior to applying for a Section 404 permit cannot be factored into the Corps decision whether there is a less damaging practicable alternative to the proposal. As previously stated, the Corps of Engineers regulates the discharge of dredged and fill material into waters of the United States. Dredged material is defined in our regulations as "material that is excavated or dredged from waters of the United States." A discharge of dredged material means any addition of dredged material into, including redeposit of dredged material other than incidental fallback within, the waters of the United States. Comment noted. A Section 404 Permit will be 31 USACE Material originating in waters of the United States can also be considered fill secured prior to the implementation of the material if the discharge of that material has the effect of "replacing any "changing Proposed Project. portion of a water of the United States with dry land" or the bottom elevation of any portion of a water of the United States. Discharges of dredged material are regulated by the Corps if they result in an addition to a water of the United States, including the redeposit of dredged material other than incidental fallback. Because excavation methods vary considerably based on site characteristics, the time of year, and project purpose you Page 16 Comment Number Agency/ Commenter Comment Response should carefully review your proposed activity to determine if a discharge of dredged or fill material would occur. A permit is typically required for the regulated activity where any of the following occurs: 1. In addition to excavation, other earth moving activities will occur in the wetland, including grading, shaping, or scraping. These activities may result in discharges of dredged or fill material, which requires authorization by the Corps under the Clean Water Act (Corps permit) prior to commencing the work. 2. Dredged material will be side cast or temporarily stockpiled within any wetland areas. Sidecasting or stockpiling materials in jurisdictional wetlands requires a Corps permit prior to commencing the work. 3. Construction of temporary access roads in wetlands or the use of mats or similar materials placed on the soil surface to support equipment in wetlands. These activities would constitute a discharge of fill material and require a Corps permit prior to commencing the work. 4. Bank shaping or placement of riprap within the excavated area or wetland limits. These activities would constitute a discharge of dredged or fill material and require a Corps permit prior to commencing the work. 5. Construction of structures within the wetland that would have the effect of fill, which requires a Corps permit prior to commencing the work. 6. Any application requesting Corps authorization should identify the type of excavation that is occurring, the machinery and methods used, if any discharges in association with the excavation work will occur and their associated locations, and identify the location of stock pilings. The Corps utilizes general permits to authorize specific categories of work. If the project is not eligible for a general permit, a standard permit will be required. This requires additional information, a more thorough alternative analysis, including off -site alternatives Comment noted. A MPCA Section 401 Certification considered, and a well -documented purpose and need for the will be secured, and all USACE permitting process 32 USACE proposed project. The project would also require a public notice and will be followed, as necessary, prior to the public comment period by the Corps. A standard permit would also implementation of the Proposed Project. mean an individual Section 401 water quality certification from the Minnesota Pollution Control (MPCA) is required. General permits currently available for use in St. Paul District are Page 17 Comment Number Agency/ Commenter Comment HesporOW https://www.mvp.usace.army.mi I/Missions/Regulatory/Permitting- Process-Procedures/. If the project results in an overall loss of stream functions that cannot be avoided or minimized, then we will consider whether stream mitigation and the use of the Stream Quantification Tool (to calculate functional loss) is necessary. For stream impacts that involve more than minimal loss, we recommend reviewing the Stream Quantification Tools provided on our website at https://www.mvp.usace.army.mil/Missions/Regulatory/Mitigation/. If an application for a Corps permit has not yet been submitted, the project proposer may request a pre -application consultation meeting with the Corps to obtain information regarding the data, studies or 33 USACE other information that will be necessary for the permit evaluation Comment noted. process. A pre -application consultation meeting is strongly recommended if the proposal has substantial impacts to waters of the United States, or if it is a large or controversial project. Page 18 IV. DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT STATEMENT Minnesota Rule 4410.1700 provides that an environmental impact statement shall be ordered for projects that have the potential for significant environmental effects. In deciding whether a project has the potential for significant environmental effects, the following factors shall be considered: A. Type, extent, and reversibility of environmental impacts The City of Hutchinson finds that the analysis completed for the EAW is adequate to determine whether the project has the potential for significant environmental effects. The EAW described the type and extent of impacts to the natural and built environment anticipated to result from the proposed project. This document provides any corrections, changes, and new information since the EAW was published. The proposed design for the project includes features to mitigate the identified impacts. B. Cumulative potential effects of related or anticipated future projects This topic was addressed throughout the EAW and in Item 19. The City of Hutchinson will work closely with stakeholders from local and state agencies to determine any potential constraints or opportunities with regard to additional water quality improvements, transportation improvements, or private developments, in this area that may compound impacts identified within this EAW. Zoning, including Shoreland, and all resource agency permits and approval requirements will be secured prior to construction. C. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority There are several Federal, State, and local permits required to ensure that specific environmental effects are mitigated. The mitigation of environmental impacts will be designed and implemented in coordination with regulatory agencies and will be subject to permitting processes. Permits and approvals that have been or may be required prior to project construction include: Government Type of Application/Permit Status Agency Federal Agencies US Army Corps of Section 404 Permit To be applied for Engineers State Agencies Page 19 Government Type of Application/Permit Status Agency Minnesota Board of Water and Soil Wetland Conservation Act To be applied for Resources Minnesota Department of Public Waters Work Permits To be applied for Natural Resources Minnesota To Department of Water Appropriations Permit determined Natural Resources Minnesota Pollution NPDES Construction Stormwater Permit To be applied for Control Agency Minnesota Pollution Section 401 Certification To be applied for Control Agency Minnesota Pollution Notification to Manage Dredged Materials To be applied for Control Agency Local Agencies McLeod County Applicable construction permits as needed To be applied for Meeker County Applicable construction permits as needed To be applied for Renville County Applicable construction permits as needed To be applied for D. The extent to which the environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs The City of Hutchinson finds: 1. The Proposed Project includes various measures to reduce adverse impacts to the environment and existing natural resources. 2. The Proposed Project is subject to City, County, State, and Federal requirements. 3. The Project Proposer will secure all necessary permits and will adhere to all requirements of the permits. 4. Considering the results of environmental review and permitting processes for similar projects, the City of Hutchinson finds that the environmental effects of the Proposed Project can be adequately anticipated, controlled, and mitigated. Page 20 V. CONCLUSIONS 1. All requirements for environmental review of the Proposed Project have been met. 2. The EAW and the permit development processes related to the project have generated information which is adequate to determine whether the project has the potential for significant environmental effects. 3. Areas where potential environmental effects have been identified will be addressed during the final design and site plan approvals of the project. Mitigation will be provided where impacts are expected to result from project construction, operation, or maintenance. Mitigation measures are incorporated into project design, and have been or will be coordinated with state and federal agencies during the permit process. 4. Based on the criteria in Minnesota Rules part 4410.1700, the Proposed Project does not have the potential for significant environmental effects. 5. An Environmental Impact Statement is not required for the proposed Otter and Campbell Lakes Restoration Project in Hutchinson, Minnesota. For the City of Hutchinson Kent Exner City Engineer City of Hutchinson Date Page 21 APPENDIX A - EAW PUBLICATION AND NOTIFICATION MATERIALS EQB Notice of Availability May 3, 2022 Otter and Campbell Lakes Restoration Location: McLeod, Renville, and Meeker County Process: Environmental assessment worksheet (EAW) Step: Environmental assessment worksheet available End of comment period: June 2, 2022 Project description: The City of Hutchinson is proposing to restore the 650-acre Otter and Campbell Lakes and portions of the South Fork Crow River. This restoration will include sediment trapping, stream bank and wetland restoration in contributing watersheds, native lakeshore buffer, habitat improvements, forebay construction, removal of sediment accumulated in the lakes, and recreational and accessibility improvements. Link to public documents: Otter and Campbell Lakes Restoration EAW Location of public documents: Hutchinson City Hall,111 Hassan St SE, Hutchinson, M N 55350 Responsible governmental unit and contact: City of Hutchinson, Kent Exner, 320-234-4212 EAW Distribution List EQB Distribution List for City of Hutchinson - Otter and Campbell Lake Agency Distribution Email Submission Environmental Quality Board Y cL-py by erna *Please use the EQB Monitor Submission Form Dept of Agriculture 1 copy by email stephan.roos@state.mn.us Dept of Commerce 1 copy by email raymond.kirsch@state.mn.us Dept of Health 1 copy by email health_reviewpstate.mn.us Dept of Natural Resources 1 copy by email jiII.townley@state.mn.us Pollution Control Agency 1 copy by email karen_kromar6Dstate_mn_us Board of Soil & Water Resources 1 copy by email ann ie.fel ix-aerth a(�state.rnn.us Dept of Transportation 1 copy by email katherine.lindpstate.mn.us State Archaeologist IL copy by ema i I mn.osa@Dstate.mn.us Indian Affairs Council 1 copy by email melissa.cerda@Dstate.mn.us State Historic Preservation Office 1 copy by email ENReviewSHPO@state.mn.us Environmental Conservation Library 1 copy by email govdoc@hclib.org US Fish & Wildlife Service 1 copy by email Shauna_Marquardt@fws.gov US Army CurpsofEngineers Icopy byemaiI mvp-reg-i nq u i ryL5 usace.a rmy. mi I US Environmental Protection Agency 1 copy by email westlake.kenneth@epa.gov Mid -Minnesota Development Commission icopy byemail rnrnrdcAmmrdc.org Region 6E: Willmar Public Library 1 copy by email iohnbaken6poioneerland.1ib.mn.us City of Hutchinson JPauIson6Dhutch insommn_F-av: KExner(a hutchinsommn_Eov BMI Todd .H u bm er(a) bo I ton -m en k. c om: N icholas.Petersoriftolton- menk.com, Bob.Ro-gersPboltor. rnenk.com Other interested parties icopy byemail I Project Stakeholders EAW Distribution Letter Lucas Bulaer From: Lucas Bulger Sent: Tuesday, May 3, 2022 10:39 AM To: stephan.roos@state.mn.us; raymond.kirsch@state.mn.us; health.review@state.mn.us, jill.townley@state.mn.us, Karen.kromar@state.mn.us; annie.felix-gerth@state.mn.us; kathedne.lind@state.mn.us; mn.osa@state.mn.us; melissa.cerda@state.mn.us; ENVReviewSHPO@state.mn.us; govdoc@hclib.org; Marquardt, Shauna R; mvp-reg- inquiry@usace.army.mil; westlake.kenneth@epa.gov;'mmrdc@mmrdc.org'; johnbaken@pioneerland.lib.mn.us' Cc: meghanj.brown@usace.army.mil'; 'garry.bennett@state.mn.us'; 'powellfab@gmail.com'; joanne.boettcher@state.mn.us; 'adnissen@gmail.com'; 'ryan.freitag@co.mcleod.mn.us'; 'coleton.draeger@co.mcleod.mn.us'; JPaulson@hutchinsommn.gov; 'kexner@ci.hutchinson.mn.us'; 'chase.emmers@co.mcleod.mn.us'; 'hollyh@renvilleswcd.org'; 'laceyclark.swcd@gmail.com'; Todd Hubmer; Nicholas Peterson; Bob Rogers Subject: City of Hutchinson - Otter and Campbell Lakes Restoration EAW Dear interested party, This message is being sent on behalf of the City of Hutchinson, Minnesota. The City of Hutchinson has completed an Environmental Assessment Worksheet (EAW) for the proposed Otter and Campbell Lake Restoration project. The proposed project would restore the 650-acre Otter and Campbell Lakes and portions of the South Fork Crow River. This restoration will include sediment trapping, stream bank and wetland restoration in contributing watersheds, native lakeshore buffer, habitat improvements, forebay construction, removal of sediment accumulated in the lakes, and recreational and accessibility improvements. The public comment period for this EAW will begin on May 3, 2022, and will close on June 1, 2022, at 4:30 PM. Comments should be emailed to John Paulson, Project/Environmental/Regulatory Manager, City of Hutchinson, at ipaulson@hutchinsommn.gov. Please do not hesitate to contact John (320-234-5682) for more information. The EAW Document and Appendices are available for review at the following link: https://hutchinsommn.gov/wp- content/uploads/2022/05/Otter-and-Campbell-Lakes-Restoration-EAW.pdf Most sincerely, Lucas Bulger he/him/his Environmental Planner Bolton & Menk, Inc. 111 Washington Avenue South, Suite 650 Minneapolis, MN 55401 Phone: (612) 270-0928 Bolton-Menk.com Media Release Provided to Hutchinson Leader May 2, 2022 Press Release — Otter and Campbell Lake Restoration Project hutchinsommn.gov/press-release/ May 2, 2022 Environmental review of Otter and Campbell Lake Restoration Project in the City of Hutchinson is available for public comment Comments will be accepted May 3, 202Z through June 2, 2022. The City of Hutchinson invites the public to review and comment on the Environmental Assessment Worksheet (EAW) regarding the proposed Otter and Campbell Lake Restoration project. The project is proposing to restore the 650-acre Otter and Campbell Lakes and portions of the South Fork Crow River. This restoration will include sediment trapping, stream bank and wetland restoration in contributing watersheds, native lakeshore buffer, habitat improvements, forebay construction, removal of sediment accumulated in the lakes, and recreational and accessibility improvements. Copies of the EAW, which document the purpose and need for the project, along with the anticipated social, economic, and environmental impacts, are available for public comment beginning May 3, 2022 and can be accessed at the city's website: www.hutchinsommn.gov. Written comments will be accepted through June 2, 2022. Comments should be submitted in writing to John Paulson, [email protected] , 111 Hassan Street SE, Hutchinson, MN 55350. For more information, please call the city at .(M 234-5682. Environmental Assessment Worksheet (EAW) 1/1 APPENDIX 6 - COMMENTS RECEIVED From: John Paulson <JPaulson@hutchinsommn.gov> Sent: Friday, May 6, 2022 11:12 AM To: Coleton Draeger Cc: Ryan Freitag Subject: RE: EAW for Otter/Campbell Lakes Coleton, Thanks for forwarding the information. I called Nancy back and left her a voicemail. The work we have slated is not likely to affect her but she may also own property in different places so that is not certain. Hopefully she calls back as it is great to hear about these concerns. Who knows, I might learn something from her. Thanks, John Paulson Project/Environmental/Regulatory Manager City of Hutchinson 320.234.5682 Office 111 Hassan Street SE 320.583.1941 Mobile Hutchinson, MN 55350 apaulson@hutchinsommn.eov From: Coleton Draeger <Coleton.Draeger@co.mcleod.mn.us> Sent: Friday, May 6, 2022 8:58 AM To: John Paulson <JPaulson@hutchinsommn.gov> Cc: Ryan Freitag <Ryan.Freitag@co.mcleod.mn.us> Subject: EAW for Otter/Campbell Lakes EXTERNAL EMAIL ALERT: This message originated from outside the City of Hutchinson email system. Unless you recognize the sender and know the content, DO NOT click links or open attachments. Good morning John, I just received a phone call from Nancy Klapotz, a landowner who has property in the upper reaches of the Otter/Campbell drainage area. She had concerns about some of the identified potential projects, the major concern was drainage tile impacts that could be caused if tile were to be broke and wetlands restored. We had a nice conversation about the processes that are gone through in order to restore wetlands and alter drainage. She was happy to hear that all landowners who would be effected by a wetland restoration would be included in the planning process to avoid any negative impacts. She asked that I pass her contact information along to you in case you should have any additional questions or want to include her in future correspondence regarding the NE portions of the project area. Her telephone number is: 320-587-8080. Have a great weekend! Coleton Draeger coleton.draeger@co.mcleod.mn.us McLeod SWCD Resource Conservationist 520 Chandler Ave. Glencoe, MN 55336 PH: 320-864-1225 www.co.mcleod.mn.us MDEPARTMENT OF NATURAL RESOURCES Division of Ecological & Water Resources Region 4 (Southern Region) 21371 Highway 15 South New Ulm, MN 56073 June 1, 2021 Kent Exner, City Engineer Hutchinson, Minnesota kexner@ci.hutchinson.mn.us Subject: DNR Comments on Otter and Campbell Lakes Restoration EAW Dear Kent, Thank you for the opportunity to review the Otter and Campbell Lakes Environmental Assessment Worksheet (EAW). We appreciate that the city is working to develop a comprehensive lake restoration and recreational development plan. We also appreciate that the City has conducted outreach with the DNR and other governmental agencies through the technical advisory panel (TAP), and we look forward to continued discussions on this plan. We generally encourage that project information necessary for public waters work permitting is largely developed for and public noticed in the EAW. Tying permitting to environmental review informs decision makers and improves permitting decisions. For this project, we will need substantially more information for the public waters work permit application(s) to be considered complete. The EAW does not appear to include all the information required by Minnesota Rules 4410.1200 and the EAW form developed by the Environmental Quality Board, per 4410.1300. Specifically, items that appear to be missing include: specific project sites, methods of construction, quantification of physical characteristics and impacts, and specific resource protection measures. As such, there is not enough information to fully assess the potential impacts of several possible projects and activities. Due to the lack of specific project details and analysis, we recommend that the RGU follow procedures established in Minnesota Administrative Rules 4410.1700 to complete the process by supplementing the document and final Record of Decision with the additional information required to determine the need for an EIS. Since several possible projects listed in the EAW could separately trigger EAW thresholds, if these projects are not reviewed in detail in the revised EAW, additional EAW processes may be required. Table 1 of the EAW tabulates the project activities (priorities) and is copied below for reference. Activity 1-Data Collection does not appear to require an EAW and the DNR generally supports this activity. Activities 2-Stream Restoration, 3-Lakeshore Restoration, and 4-Upland Wetland Restoration do not have sufficient information included in the EAW to offer high-level comments at this time. Activities 5-Sediment Forebay and 6-Lake Sediment Removal and Habitat Improvements include identified locations and will require a DNR public waters work permit. DNR Comments on Campbell & Otter Lakes Restoration EAW Activity 8, Rough Fish Control, is not supported by the DNR because the activity is not an effective long-term solution as carp can quickly recolonize the Otter and Campbell Lake impoundments from the upstream and downstream direction. We also do not support fish barriers in this system, as migration of native fish species is crucial for native fish population survival. Native fish species provide some resilience against invasive common carp dominance and promoting complete habitat connectivity and full fish passage was a project goal during the dam removal and rock arch rapids installation. We are unlikely to permit rough fish control. TABLE 9: SUMMARY OF PROJECTS Priority Name Subtotal Description of Tasks Collect Otter and TSS and TP inflow and outflow are currently unknown and would increase funding options- 1 Campbell Lakes $80,000 TSS and TP data would be used to create TMDL, which can offer specific findings used Water Quality and as a basis for projects_ Sediment Data Crow River and Stabilize stream slope with boulders, root wad, toe wood, buffers, rock riffles, rock vane, 2 Tributary Stream $2,400,000 and bank shaping along streams and rivers flowing into Campbell and Otter Lakes. Restoration 3 Lakeshore $900,000 Add buffers, toe wood, root wad, fish sticks, and woody habitat to shoreline along lakes to Restoration reduce inflow of TP and TSS. Wetland Restoration Add habitat to retain and treat stormwater runoff and to reduce the soil loss from nearby 4 in Upstream $900,000 properties and farm land in the watershed_ Watershed Create or modify wetland structures to improve habitat and hold water on the land close to its source. 5 Crow River Forebay $7,500,000 Improve north Crow River inlet to Campbell Lake by installing a deep forebay to collect BMP Installation sediment and provide access for future maintenance. Habitat Removal of sediment and construction of habitat within Campbell and Otter Lakes can 6 $15,340,000 reduce the rough fish population, increase fish diversity and population, increase water Improvements quality, increase aquatic vegetation and improve aquatic vegetation community_ Increase water access to Campbell and Otter Lakes with kayak and canoe launches, 7 Recreational $2,400,000 fishing piers, and overlooks. Activities Increase culvert size between Campbell and Otter Lakes to allow for a recreational connection_ Control rough fish with electrofishing catch per unit effort model. This will improve water 8 Rough Fish Control $980 000 quality, increase the depth of the lake by 10' and the depth of main basin by 20' to keep (AIS) slopes gradual for carp removal (seine netting). Install fish barrier. Encourage native fish population reproduction through habitat improvements. PRELIMINARY $24,420,000 COST We have included more specific comments related to activities 5-Sediment Forebay and 6-Lake Sediment Removal and Habitat Improvements below. These activities appear to rely heavily on dredging and creating a sediment trap in the public water, which can be destructive, costly, and ineffective if watershed sediment contributions are not first addressed. As such, several Minnesota Rules relate to these activities. The following list includes specific rules, data, and plan needs for the proposed excavation and structural activities that must be addressed before the public waters work permit application is complete. Additional information beyond this list may be required as the permit application is received and reviewed in detail. DNR Comments on Campbell & Otter Lakes Restoration EAW General Requirements • Public waters dredging must be limited to preserve the natural character of public waters and their shorelands in order to minimize encroachment, change, or damage to the environment, particularly the ecosystem of the waters (6115.0200, Subp. 1). Dredging should be limited to the removal of accumulated sediment only, as based on a comprehensive review of sediment core data, and maintain a littoral shore buffer. • The proposed project must represent the "minimal impact" solution to a specific need with respect to all other reasonable alternatives and shall not exceed more than a minimum encroachment, change, or damage to the environment, particularly the ecology of the waters; excavation is limited to the minimum dimensions necessary for achieving the desired purpose; any adverse effects on the physical or biological character of the waters are subject to feasible mitigation measures; and the proposed project is consistent with water and related land management plans and programs of local and regional governments, provided these plans are consistent with state plans and programs (6115.0210, Subp. 5). Additional information should be provided discussing the alternatives considered and rationale for selecting dredging and forebay construction as the preferred alternatives. Additional materials should be provided explaining the project's consistency with the goals and objectives of local plans, such as the McLeod County Water Plan. • The public need for the excavation must be established by local governmental resolution specifying the public interests to be improved or enhanced. A copy of the resolution must be provided for permitting. The proposed excavation must be intended to improve navigation, swimming, and other recreational uses; reduce winter fish -kill potential; and eliminate a source of nutrients or contaminants (6115.0201, Subp. 3). • The project will need to prepare a comprehensive plan or revise any existing comprehensive plan for this project as follows: The proposed excavation must be part of an overall improvement or enhancement project based upon adequate background and field test data for which a comprehensive plan is submitted at the time of application detailing the information below (6115.0201, Subp. 3): 1. Objectives to be accomplished and an analysis of any alternative means considered to meet the objectives and the rationale for selecting excavation. 2. Sufficient soil boring and bottom sampling data to evaluate sediment quality and bottom "seal" conditions. Where excavation is proposed on a waterbasin that is perched on an impervious stratum, soil borings must show that the proposed excavation will not rupture the impervious stratum. 3. The methods, uses, and locations to be employed in excavating and disposing of excavated material consistent with provisions of 6115.0190 to 6115.0192. 4. Existing water quality data and provision for future water quality monitoring including any water returned to the waterbasin during the removal of excavated materials. 5. A timetable which indicates anticipated yearly excavation areas and volumes of materials to be removed, plus the selected disposal methods, uses, and deposition locations for each excavation period. 6. A detailed description of proposed excavation and disposal equipment and facilities, including where applicable, the length of discharge pipe purchased or available for the project and the pumping characteristics of the equipment. • Excavations to restore or improve fish and wildlife habitat require plans showing the nature and degree of habitat to be benefited as well as information showing the project will not create other adverse effects such as flooding, erosion, sedimentation, or navigational obstructions (6115.0201, Subp. 6). DNR Comments on Campbell & Otter Lakes Restoration EAW 4 Sediment Cores and Geologic Analysis • Projected reservoir depths and sediment cores must be documented. The city should verify with soil borings and/or other means of geologic assessment the type of sediment/soil strata and underground formations in the vicinity (6115.0200, Subp. 3 and 5). • Sediments proposed for excavation need to be tested for pollutants or hazardous materials. The disposal of excavated materials containing pollutants is subject to the requirements of Minn. Statutes, Chapter 115 (6115.0200, Subp. 5). • Excavation is prohibited where the excavation would cause increased seepage of water which would lower the water level of public waters and result in subsurface drainage (6115.0200, Subp. 3). When excavation is proposed in a public water that is perched on impervious stratum, soil borings show that the proposed excavation will not rupture the impervious stratum (6115.0200, Subp. 5). Explain the geological conditions, site settings, and methodology used to determine or dismiss the presence of an impervious stratum. Also, where present, explain how the proposed excavation will not cause seepage or rupture the impervious stratum. Aquatic Life • Dredging activities should adhere to a minimum setback distance from shore to protect from the littoral zone, which is generally the most productive area of the lake, particularly for plants and invertebrates. An approximate setback of 150-250 feet may be appropriate, though the littoral zone needs to be assessed more closely. These setbacks preserve most of the spawning and nursery areas for fish. • Excavation is prohibited where it will be detrimental to significant fish and wildlife habitat and there is no feasible means to mitigate the effects, or where the excavation would take threatened or endangered species without authorization by the Commissioner (6115.0200, Subp. 3). Excavations must avoid fish spawning season, which is typically from ice -out through June 15. Navigation • The navigational characteristics of the water must be protected to ensure that the interests of the public and of private riparian landowners are not adversely affected by the proposed excavation (6115.0200, Subp. 5). The project, particularly the proposed forebay, is not allowed to impact reasonable navigation. Explain how the project will avoid impacts to canoe and watercraft travel on the state -designated water trail. • Otter Lake and Campbell Lake sub -basin are meandered waterbasins, meaning the bed of the lake is jointly owned by all riparian property owners, and the lakebed property is held in trust by the State of Minnesota (DNR). Though the City of Hutchinson is a riparian owner insofar as the city owns significant lakeshore property, the city does not have an inherent right to commence a project affecting the bed of the lake (the city's own riparian property notwithstanding) without approval by the riparian landowner or owners adjacent to the area where work is proposed. Therefore, the project needs to obtain riparian landowner permission for the proposed dredging and forebay. We have generally required landowner permission from the riparian landowner or owners adjacent to the project site or sites. Per 6115.0240, Subp. 2, applications shall be submitted by the riparian owner of the land on which a project is proposed, except: 1. A governmental agency authorized by law to conduct the project may apply if the property rights acquired or to be acquired are fully described in the application. 2. A holder of appropriate property rights such as a lease or easement may apply if the application is countersigned by the owner and accompanied by a copy of the lease or other agreement. DNR Comments on Campbell & Otter Lakes Restoration EAW Additional Requirements for Sediment Collection Forebay • Excavations for construction of sediment traps or settling basins to control sedimentation and water quality shall be based on plans approved by the Pollution Control Agency or the local soil and water conservation district and shall be consistent with any state and local standards, regulations, and requirements (6115.0201, Subp. 7). A copy of this approval may be required for permitting. • Structures in public waters should be limited to preserve the natural character of public waters and their shorelands. Placement of structures are prohibited when it will obstruct navigation or create a water safety hazard, will be detrimental to significant fish and wildlife habitat, or will take threatened or endangered species without authorization from the Commissioner, per 6212.1800 to 6212.2300 (6115.0210, Subp. 3). The forebay is planned within a state -designated canoe route (i.e. state water trail) and necessitates further review. • Proposed structures in public waters must document a public need which outweighs adverse environmental impacts, the site must be adequately protected from the forces of ice and wave pressures, and the proposed construction is of sound design and is not necessarily obtrusive or visually incompatible with the natural surroundings (6115.0211, Subp. 7). • Explain how river flow will be managed during construction of the forebay. The specific methods need to be provided in detail. The outlet shall be adequate in that it sufficiently conveys the discharge waters from the area proposed for excavation, does not produce substantial increases in downstream overbank flooding, and does not produce downstream erosion hazards as a result of excavation (6115.0201, Subp. 7). No significant increase in flood damages will be permitted (6115.0201, Subp. 7). A detailed hydrology and hydraulics (H&H) model must be prepared and a report generated for the proposed forebay, as well as other floodplain encroachments, to quantify the anticipated effects on the regional flood. • Document the sediment load being delivered from the upstream contributing watershed, anticipated quantities, and how quickly the proposed forebay may fill. Also explain the planned long-term maintenance. • The project may not create an aesthetic intrusion or be obtrusive or visually incompatible with the natural surroundings (6115.0211, Subp. 7). Explain the nature and degree of anticipated aesthetic intrusion by providing details on the expected size, shape, and construction materials used for the structure. • The project must be consistent with all applicable local, state, and federal management plans for the waterbody, and encroachment below the ordinary high water level (OHW) must be held to the absolute minimum necessary for construction (6115.0211, Subp. 5). Dredged Materials • Explain where dredged materials will be placed for dewatering, the anticipated time necessary for dewatering, and the methods used to stabilize the materials and prevent re -deposition of sediment or stockpile leakage from re-entering the lake. Land application of excavated materials must be on stable disposal sites located above the OHW and outside of floodway districts established under local ordinance. Provisions must be included for sodding, seeding, or otherwise properly stabilizing these materials (6115.0200. Subp. 5). • Temporary deposition of excavated materials along shorelines for subsequent removal to areas outside of public waters requires that any stockpile material be removed within one year of stockpiling and the stockpile is constructed so that any materials or waters entering or leaving the stockpile are controlled to prevent any introduction of sediment into the environment surrounding the stockpile (6115.0200, Subp. 5). DNR Comments on Campbell & Otter Lakes Restoration EAW Public Input • Because of the project scope, the project proposer will need to provide riparian landowners (and the greater public) opportunities for input through a public meeting or other venue. Riparian landowners need to participate in project development and provide feedback that should be used to shape the project. We may require such input for permitting, and any substantial landowner concerns could result in public waters work permit limitations or possible denial. We look forward to continued collaboration with the City of Hutchinson on the Otter and Campbell Lakes Restoration through TAP and permitting. We agree that these lakes are a wonderful community asset, and their enhancement and protection into the future is important work. Sincerely, Joanne Boettcher Regional Environmental Assessment Ecologist cc: Garry Bennett, DNR Area Hydrologist Scott Mackenthun Lisa Gelvin-Innvaer, DNR Regional Non -game Wildlife Megan Benage, DNR Regional Ecologist Jim Sehl, DNR District Manager Tim Gieseke, Korey Woodley, and Scott Roemhildt, DNR Regional Management MMINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North I St. Paul, Minnesota 55155-4194 1 651-296-6300 800-657-3864 1 Use your preferred relay service I info.pca@state.mn.us I Equal Opportunity Employer May 27, 2022 John Paulson Project/Environmental/Regulatory Manager City of Hutchinson 111 Hassan Street Southeast Hutchinson, MN 55350 Re: Otter and Campbell Lakes Restoration Environmental Assessment Worksheet Dear John Paulson: Thank you for the opportunity to review and comment on the Environmental Assessment Worksheet (EAW) for the Otter and Campbell Lakes Restoration project (Project) located in McLeod, Renville, and Meeker Counties, Minnesota. The Project consists of restoration of Otter and Campbell Lakes and portions of the South Fork Crow River. Minnesota Pollution Control Agency (MPCA) staff has reviewed the EAW and have no comments at this time. We appreciate the opportunity to review this project. Please provide the notice of decision on the need for an Environmental Impact Statement. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit action(s) by the MPCA. Ultimately, it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this EAW, please contact me by email at Karen.kromar@state.mn.us or by telephone at 651-757-2508. Sincerely, l�.Gt2oin. �'liflyYvGt2 This document has been electronically signed. Karen Kromar Project Manager Environmental Review Unit Resource Management and Assistance Division KK:rs cc: Dan Card, MPCA, St. Paul Randy Hukriede, MPCA, Marshall del DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, ST. PAUL DISTRICT -1 180 FIFTH STREET EAST, SUITE 700 ST. PAUL, MN 55101-1678 May 16, 2022 Regulatory File No. MVP-2022-00491-MJB City of Hutchinson c/o John Paulson jpaulson@hutchinsommn.gov Dear City of Hutchinson, This letter is in response to correspondence we received from the City of Hutchinson regarding the Otter and Campbell Lakes Restoration project. This letter contains our initial comments on this project for your consideration. The purpose of this letter is to inform you that based on the Otter and Campbell Lakes Restoration EAW for the project referenced above a Department of the Army (DA) permit would be required for your proposed activity. In lieu of a specific response, please consider the following general information concerning our regulatory program that may apply to the proposed project. If the proposal involves activity in navigable waters of the United States, it may be subject to the Corps of Engineers' jurisdiction under Section 10 of the Rivers and Harbors Act of 1899 (Section 10). Section 10 prohibits the construction, excavation, or deposition of materials in, over, or under navigable waters of the United States, or any work that would affect the course, location, condition, or capacity of those waters, unless the work has been authorized by a Department of the Army permit. If the proposal involves discharge of dredged or fill material into waters of the United States, it may be subject to the Corps of Engineers' jurisdiction under Section 404 of the Clean Water Act (CWA Section 404). Waters of the United States include navigable waters, their tributaries, and adjacent wetlands (33 CFR § 328.3). CWA Section 301(a) prohibits discharges of dredged or fill material into waters of the United States, unless the work has been authorized by a Department of the Army permit under Section 404. Information about the Corps permitting process can be obtained online at http://www.mvp.usace.army.miI/regulatory. The Corps evaluation of a Section 10 and/or a Section 404 permit application involves multiple analyses, including (1) evaluating the proposal's impacts in accordance with the National Environmental Policy Act (NEPA) (33 CFR part 325), (2) determining whether the proposal is contrary to the public interest (33 CFR § 320.4), and (3) in the case of a Section 404 permit, determining whether the proposal complies with the Section 404(b)(1) Guidelines (Guidelines) (40 CFR part 230). If the proposal requires a Section 404 permit application, the Guidelines specifically require that "no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences" (40 CFR § 230.10(a)). Time and money spent on the proposal prior to applying for a Section 404 permit cannot be factored into the Corps' decision whether there is a less damaging practicable alternative to the proposal. Regulatory Branch (File No. MVP-2022-00491-MJB) As previously stated, the Corps of Engineers regulates the discharge of dredged and fill material into waters of the United States. Dredged material is defined in our regulations as ,'material that is excavated or dredged from waters of the United States."' A discharge of dredged material means any addition of dredged material into, including redeposit of dredged material other than incidental fallback within, the waters of the United States. Material originating in waters of the United States can also be considered fill material if the discharge of that material has the effect of "replacing any portion of a water of the United States with dry land" or "changing the bottom elevation of any portion of a water of the United States2. Discharges of dredged material are regulated by the Corps if they result in an addition to a water of the United States, including the redeposit of dredged material other than incidental fallback. Because excavation methods vary considerably based on site characteristics, the time of year, and project purpose you should carefully review your proposed activity to determine if a discharge of dredged or fill material would occur. A permit is typically required for the regulated activity where any of the following occurs: 1. In addition to excavation, other earth moving activities will occur in the wetland, including grading, shaping, or scraping. These activities may result in discharges of dredged or fill material, which requires authorization by the Corps under the Clean Water Act (Corps permit) prior to commencing the work. 2. Dredged material will be side cast or temporarily stockpiled within any wetland areas. Sidecasting or stockpiling materials in jurisdictional wetlands requires a Corps permit prior to commencing the work. 3. Construction of temporary access roads in wetlands or the use of mats or similar materials placed on the soil surface to support equipment in wetlands. These activities would constitute a discharge of fill material and require a Corps permit prior to commencing the work. 4. Bank shaping or placement of riprap within the excavated area or wetland limits. These activities would constitute a discharge of dredged or fill material and require a Corps permit prior to commencing the work. 5. Construction of structures within the wetland that would have the effect of fill, which requires a Corps permit prior to commencing the work. 6. Any application requesting Corps authorization should identify the type of excavation that is occurring, the machinery and methods used, if any discharges in association with the excavation work will occur and their associated locations, and identify the location of stock pilings. The Corps utilizes general permits to authorize specific categories of work. If the project is not eligible for a general permit, a standard permit will be required. This requires additional information, a more thorough alternative analysis, including off -site alternatives considered, and a well -documented purpose and need for the proposed project. The project would also require a public notice and public comment period by the Corps. A standard permit would also mean an individual Section 401 water quality certification from the Minnesota Pollution Control (MPCA) is required. General permits currently available for use in St. Paul District are https://www.mvp.usace.army.miI/Missions/Regulatory/Permitting-Process-Procedures/. If the project results in an overall loss of stream functions that cannot be avoided or minimized, then we will consider whether stream mitigation and the use of the Stream Quantification Tool (to calculate functional loss) is necessary. For stream impacts that involve more than minimal loss, 1 33 C. F. R. 323.2(d ) 2 33 C.F.R. 323.2(e) Regulatory Branch (File No. MVP-2022-00491-MJB) we recommend reviewing the Stream Quantification Tools provided on our website at https://www.mvp.usace.army.miI/Missions/Regulatory/Mitigation/. If an application for a Corps permit has not yet been submitted, the project proposer may request a pre -application consultation meeting with the Corps to obtain information regarding the data, studies or other information that will be necessary for the permit evaluation process. A pre -application consultation meeting is strongly recommended if the proposal has substantial impacts to waters of the United States, or if it is a large or controversial project. If you have any questions, please contact me in our La Crescent office at (651) 290-5688 or Meghan.J.Brown@usace.army.mil. In any correspondence or inquiries, please refer to the Regulatory file number shown above. Sincerely, PIUt"'&D M i,nan Brown Lead Project Manager cc: Kent Exner, City Engineer (Project Proposer) APPENDIX C - NEGATIVE DECLARATION ON THE NEED FOR AN EIS HUTCHINSON CITY COUNCIL Cftyaf Request for Board Action=-*-77A Agenda Item: Annual Meeting to Consider Comments and Input on the City MS4 SWPPP Department: Public Works LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Kent Exner/John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff ❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Per requirements of the MPCA whom administer the National Pollution Discharge Elimination System (NPDES) Phase 11 permit, the City must have a Annual Meeting and consider comments relating to the Storm Water Pollution Prevention Plan (SWPPP) and Annual Report for 2021. This regulation applies to all cities that are determined to have and maintain a Municipal Separate Storm Sewer System (MS4). Public comments will be received at this meeting. City staff will provide a presentation about the City's MS4 storm water program and 2021 activities that were performed. BOARD ACTION REQUESTED: Approval of MS4 Annual Report for 2021. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: City of Hutchinson 2022 MS4 Annual Meeting 28 June 2022 City of Hutchinson 2022 MS4 Annual Meeting 28 June 2022 City of Hutchinson 2022 MS4 Annual Meeting 28 June 2022 Citv of Hutchinson 2022 MS4 Annual Meeting 28 June 2022 Citv of Hutchinson 2022 MS4 Annual Meeting 28 June 2022 City of Hutchinson 2022 MS4 Annual Meeting 28 June 2022 Citv of Hutchinson 2022 MS4 Annual Meeting 28 June 2022 MINNESOTA POLLUTION CONTROL AGENCY You are currently logged in as: Hutchinson City MS4 If this is correct, click the 'Next' button. If this information is incorrect, contact Cole Landgraf (651-757-2880, cole.landgraf@state.mn.us). Before you begin... A fillable Microsoft Word document with all of the questions is available at https:Hstormwater.pca.state.mn.us/index.php?title=MS4 Annual Report (for personal use only, not for submittal). The MS4 Annual Report for 2021 will automatically save your answers when you hit the 'Next' button at the bottom of each page. If you wish to leave the MS4 Annual Report for 2021 and complete the document at another time, you may do so by clicking `Next' at the bottom of your current page to save your progress before exiting the document. Return to the survey by following the previously used web link, and again login using your email and assigned password credentials. Once you successfully log in, your previous answers will appear. The MPCA will email a formatted version of your MS4 Annual Report for 2021 to you in a confirmation email within three business days after you submit this form. You may print a copy of the MS4 Annual Report for 2021 for your records at any time by pressing the 'Print' button at the bottom of the page. Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2021 if you are working on a computer with OneNote (a program often included in Microsoft Office packages). Detailed saving instructions are available at stormwater.pca.state.mn.us/index.Dh,D/Guidance—for—saving MS4 annual reports. MS4 Annual Report for 2021 Reporting period: January 1, 2021 to December 31, 2021 Due: June 30, 2022 Instructions: Complete this annual report to provide a summary of your activities under the 2013 MS4 Permit (Permit) between January 1, 2021 and December 31, 2021. MPCA staff may contact you for additional information. Note: The annual report questions remain unchanged from the previous annual report because MS4 permittees were covered under the 2013 MS4 Permit for the majority of 2021. In the next annual report (due June 30, 2023), you will be required to report on activities completed to meet requirements under the 2020 MS4 Permit. Fillable document available at https://stormwater.pca.state.mn.us/index.pbp?title=MS4—Annual—Repgrt (for personal use only, not for submittal). Questions: Contact Cole Landgraf (cole.landgraf@state.mn.us, 651-757-2880) or your assigned MPCA staff member listed at https:Hstormwater.pca.state.mn.us/index.php?title=MS4_staff contact information_ and staff assignments. MS4 General Contact Information Full name Ijohn Paulson Title (Project/Environmental/Regulatory Manager Mailing 111 Hassan St SE address City Hutchinson, MN State MN Zip code 55350 Phone 3202345682 Email jpaulson@hutchinsommn.gov Preparer Contact Information (if different from the MS4 General Contact) Full name Title Organization Mailing address City State Zip code Phone Email MCM 1: Public Education and Outreach The following questions refer to Part III.D.1. of the Permit. Q2 Did you select a stormwater-related issue of high priority to be emphasized during this Permit term? [Part III.D.1.a. (1)] QQ Yes Q No Q3 What is your stormwater-related issue(s)? Check all that apply. p TMDL(s) p Local businesses 12 Residential BMPs p Pet waste p Yard waste p Deicing materials O Household chemicals p Construction activities p Post -construction activities p Other Q4 Have you distributed educational materials or equivalent outreach to the public focused on illicit discharge recognition and reporting? [Part III.D.1.a.(2)] QQ Yes Q No Q5 Do you have an implementation plan as required by the Permit? [Part III.D.1.b.] QQ Yes Q No Q6 How did you distribute educational materials or equivalent outreach? Check all that apply and provide circulation/audience associated with each item. [Part III.D.1.a.] p Brochure p Newsletter p Utility bill insert O Newspaper ad O Radio ad O Television ad O Cable access channel O Stormwater-related event O School presentation or project Q Website p Other (1) O Other (2) O Other (3) Other(1), Rain Barrel Sale describe: Q7 Intended audience? Check all that apply. Residents Local Businesses Developers Students Employees Other Brochure p p O 12 12 O Newsletter O O Q O O O Utility bill insert p p O O 12 O Website p p p p p O Other(l) p O O O O O Q8 Enter the total circulation/audience (if unknown, use best estimate): Brochure soon Newsletter 145 Utility bill ls000 insert Website 300 Other(1) 182 Provide a brief description of each activity related to public education and outreach (e.g. rain garden workshop, school presentation, public works open house) held and the date each activity was held from January 1, 2021 to December31, 2021. [Part III.D.1.c.(4)] Q9 Date of activity Date 5/1/2021 (mm/dd/yyyy) Date 6/22/2021 (mm/dd/yyyy) Date 4/5/2021 (mm/dd/yyyy) Date 4/22/2021 (mm/dd/yyyy) Date (mm/dd/yyyy) Date (mm/dd/yyyy) Date (mm/dd/yyyy) Date (mm/dd/yyyy) Q10 Description of activity Rain barrel sale. 82 sold. Public Meeting that was also aired on HCVN. Overview of Hutchinson MS4 program and activities for the last year and stormwater specific topics were presented for educational benefit. Rain Garden cleanout and mulching with Hutchinson High School Ag Science class. Provided talk to group about function/design of rain gardens and importance of maintaining SW infrastructure. 40 total Trash/litter/storm drain marking volunteer event with New Century Academy students and staff. Provided talk to group about function of storm water system and preventing illicit discharges. Q11 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your public education and outreach program? [Part IV.B.] p Yes QQ No MCM 2: Public Participation/Involvement The following questions refer to Part III.D.2.a. of the Permit. Q12 You must provide a minimum of one opportunity each year for the public to provide input on the adequacy of your Stormwater Pollution Prevention Program (SWPPP). Did you provide this opportunity between January 1, 2021 and December 31, 2021? [Part III.D.2.a.(1)] QQ Yes p No Q13 What was the opportunity that you provided? Check all that apply. 12 Public meeting p Public event p Other Q14 Did you hold a stand-alone meeting or combine it with another event? O Stand-alone Q Combined Enter the date of the public 6/22/2021 meeting (mm/dd/yyyy): Enter the number of citizens that attended and 9 were informed about your SWPPP: Q17 Between January 1, 2021 and December 31, 2021, did you receive any input regarding your SWPPP? p Yes Q No Q19 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your public participation/involvement program? [Part IV-B.] Q Yes Q No MCM 3: Illicit Discharge Detection and Elimination The following questions refer to Part III.D.3. of the Permit. Q20 Do you have a regulatory mechanism which prohibits non-stormwater discharges to your MS4? [Part III.D.3.b.] Q Yes Q No Q21 Did you identify any illicit discharges between January 1, 2021 and December 31, 2021? [Part III.D.3.h.(4)] Q Yes Q No Q22 Enter the number of illicit discharges detected: i Q23 How did you discover these illicit discharges? Check all that apply and enter the number of illicit discharges discovered by each category. Q Public complaint 12 Staff Q25 Enter the number discovered by staff: Q26 Did any of the discovered illicit discharges result in an enforcement action (this includes verbal warnings)? Q Yes Q No Q27 What type of enforcement action(s) was taken and how many of each action were issued between January 1, 2021 and December 31, 2021? Check all that apply. O Verbal warning Q Notice of violation O Fines O Criminal action O Civil penalties O Other Enter the number of notice of 1 violations issued: Q28 Did the enforcement action(s) taken sufficiently address the illicit discharge(s)? QQ Yes p No Q30 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your illicit discharge regulatory mechanism(s)? [Part III.B.] QQ Yes p No Q31 Between January 1, 2021 and December 31, 2021, did you train all field staff in illicit discharge recognition (including conditions which could cause illicit discharges) and reporting illicit discharges for further investigations? [Part III.D.3.e.] QQ Yes p No Q32 How did you train your field staff? Check all that apply. O Email Q PowerPoint O Presentation O Video 12 Field Training 12 Other Other, describe: Training included in field training with City field staff and posters were distributed to each department with information related to identifying illicit discharges as well as who to contact if an illicit discharge is suspected. The following questions refer to Part III.C.1. of the Permit. Q33 Did you update your storm sewer system map between January 1, 2021 and December 31, 2021? [Part III.C.1.] QQ Yes Q No Q34 Does your storm sewer map include all pipes 12 inches or greater in diameter and the direction of stormwater flow in those pipes? [Part III.C.1.a.] QQ Yes Q No Q35 Does your storm sewer map include outfalls, including a unique identification (ID) number and an associated geographic coordinate? [Part III.C.1.b.] QQ Yes Q No Q36 Does your storm sewer map include all structural stormwater BMPs that are part of your MS4? [Part III.C.1.c.] QQ Yes Q No Q37 Does your storm sewer map include all receiving waters? [Part III.C.1 A] QQ Yes Q No Q38 In what format is your storm sewer map available? Q Hardcopy only QQ GIS Q CAD Q Other Q39 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your illicit discharge detection and elimination (IDDE) program? [Part IV.B.] p Yes QQ No MCM 4: Construction Site Stormwater Runoff Control The following questions refer to Part III.DA of the Permit. Q40 Do you have a regulatory mechanism that is at least as stringent as the Agency's general permit to Discharge Stormwater Associated with Construction Activity (CSW Permit) No. MN R100001 (http://www.pca.state.mn.us/index.php/view-document.htmI?gid=18984) for erosion and sediment controls and waste controls? [Part III.D.4.a.] QQ Yes p No Q41 Have you developed written procedures for site plan reviews as required by the Permit? [Part III.D.4.b.] QQ Yes p No Q42 Have you documented each site plan review as required by the Permit? [Part III.D.4.f.] QQ Yes p No Q43 Enter the number of site plan reviews conducted for sites an acre or greater of soil disturbance between January 1, 2021 and December 31, 2021: s Q44 What types of enforcement actions do you have available to compel compliance with your regulatory mechanism? Check all that apply and enter the number of each used from January 1, 2021 to December 31, 2021. 12 Verbal warnings 12 Notice of violation p Administrative orders p Stop -work orders p Fines p Forfeit of security of bond money p Withholding of certificate of occupancy 12 Criminal actions 12 Civil penalties p Other Enter the number of verbal 13 warnings issued: Enter the number of notice of 10 violations issued: Enter the number of stop -work 10 orders issued: Enter the number of withholdings o of certificate of occupancy issued: Enter the number criminal o actions issued: Enter the number of civil 10 penalties issued: Q45 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your construction site stormwater runoff control regulatory mechanism(s)? [Part III.B.] QQ Yes p No Q46 Enter the number of active construction sites an acre or greater that were in your jurisdiction between January 1, 2021 and December 31, 2021: s Q47 Do you have written procedures for identifying priority sites for inspections? [Part III.D.4.d.(1)] QQ Yes p No Q48 How are sites prioritized for inspections? Check all that apply. O Site topography O Soil characteristics p Types of receiving water(s) p Stage of construction p Compliance history p Weather conditions O Citizen complaints O Project size p Other Q49 Do you have a checklist or other written means to document site inspections when determining compliance? [Part III.D.4.d.(4)] QQ Yes p No Q50 Enter the number of site inspections conducted for sites an acre or greater between January 1, 2021 and December 31, 2021: 68 Q51 Enter the frequency at which site inspections are conducted (e.g. daily, weekly, monthly): [Part III.D.4.d. Upon installation of BMPs, and monthly thereafter. Q52 Enter the number of trained inspectors that were available for construction site inspections between January 1, 2021 and December 31, 2021: 3 Q53 Provide the contact information for the inspector(s) and/or organization that conducts construction stormwater inspections for your MS4. List your primary construction stormwater contact first if you have multiple inspectors. (1) Inspector I John Paulson name Organization City of Hutchinson Phone 3202345682 (Office) Phone (Work Cell) Email jpaulson@hutchinsommn.gov Preferred contact email method (2) Inspector Chad Muchow name Organization City of Hutchinson Phone 3202345679 (Office) Phone (Work Cell) Email cmuchow@ci.hutchinson.mn.us Preferred contact email method (3) Inspector Keith Messner name Organization City of Hutchinson Phone 3202344239 (Office) Phone (Work Cell) Email kmessner@hutchinsommn.gov Preferred lemail contact method Q54 What training did inspectors receive? Check all that apply. 12 University of Minnesota Erosion and Stormwater Management Certification Program p Qualified Compliance Inspector of Stormwater (QCIS) p Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor p Minnesota Utility Contractors Association Erosion Control Training p Certified Professional in Erosion and Sediment Control (CPESC) p Certified Professional in Stormwater Quality (CPSWQ) p Certified Erosion, Sediment and Storm Water Inspector (CESSWI) p Other Q55 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your construction site stormwater runoff control program? [Part IV.B.] p Yes QQ No MCM 5: Post -Construction Stormwater Management The following questions refer to Part III.D.5. of the Permit. Q56 Do you have a regulatory mechanism which meets all requirements as specified in Part III.D.5.a. of the Permit? QQ Yes p No Q57 What approach are you using to meet the performance standard for Volume, Total Suspended Solids (TSS), and Total Phosphorus (TP) as required by the Permit? [Part III.D.5.a.(2)] Check all that apply. Refer to the link http://www.pca.state.mn.us/index.php/view-document.html?gid=17815 for guidance on stormwater management approaches. 12 Retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on -site O Retain the post -construction runoff volume on site for the 95th percentile storm O Match the pre -development runoff conditions O Adopt the Minimal Impact Design Standards (MIDS) O An approach has not been selected O Other method (Must be technically defensible--e.g. based on modeling, research and acceptable engineering practices) Q58 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your post -construction stormwater management regulatory mechanism(s)? [Part III.B.] QQ Yes p No Q59 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your post -construction stormwater management program? [Part IV.B.] p Yes QQ No MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations The following questions refer to Part III.D.6. of the Permit. Q60 Enter the total number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds within your MS4 (exclude privately owned). Structural stormwater 5 BMPs Outfalls 1 76 Ponds 156 Q61 Enter the number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds that were inspected from January 1, 2021 to December 31, 2021 within your MS4 (exclude privately owned). [Part III.D.6.e.] Structural stormwater 5 BMPs OutFalls Ponds Q62 Have you developed an alternative inspection frequency for any structural stormwater BMPs, as allowed in Part III.D.6.e.(1) of the Permit? Q Yes QQ No Q63 Based on inspection findings, did you conduct any maintenance on any structural stormwater BMPs? [Part III.D.6.e. 0A QQ Yes Q No Q64 Briefly describe the maintenance that was conducted: Each structural storm water BMP is cleaned out once each year. Clean out frequency may be adjusted based on the amount of material removed during each clean out. Pond and outfall maintenance included sediment accumulated near pipe outlets and woody vegetation removals where roots or tree growth impacted free flow of water from the pipe. Q65 Do you own or operate any stockpiles, and/or storage and material handling areas? [Part III.D.6.e.(3)] QQ Yes Q No Q66 Did you inspect all stockpiles and storage and material handling areas quarterly? [Part III.D.6.e.(3)] * Yes Q No Q67 Based on inspection findings, did you conduct maintenance at any of the stockpiles and/or storage and material handling areas? p Yes QQ No Q69 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your pollution prevention/good housekeeping for municipal operations program? [Part IV.B.] p Yes Q No Partnerships Q78 Did you rely on any other regulated MS4s to satisfy one or more Permit requirements? p Yes QQ No Additional Information If you would like to provide any additional files to accompany your annual report, use the space below to upload those files. For each space, you may attach one file. You may provide additional explanation and/or information in an email with the subject YourMS4NameHere 2021AR to ms4permitprogram.pca@state.mn.us. Q80 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. Ll Q81 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. Q82 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. LI Q83 Optional, describe the file(s) uploaded: Owner or Operator Certification The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor). I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540). p Yes By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that information can be used for the purpose of processing my MS4 Annual Report. Name: lKent Exner Title: IDirector of Public Works Date: 06/29/2022 (mm/dd/yyyy) cR HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Approve Rescheduling of the August 9 City Council Meeting Agenda Item: Department: Administration LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑� New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Our first meeting in August falls on August 9, which is Primary Election Day. State law does not allow public meetings to take place between 6 p.m. and 8 p.m. on that day. Because of this, we are in need of rescheduling that meeting. In 2018 and 2020, we moved the meeting time up to 4 p.m. and conducted our business at that time. That is an option or rescheduling it for another day is another option. If we move it to 4 p.m., I would limit the amount of public hearings we have that night and look to do those after 5 p.m. BOARD ACTION REQUESTED: Approve Rescheduling of the August 9 City Council Meeting Fiscal Impact: Funding Source: FTE Impact: Budget Change: No 0 Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A RESOLUTION NO. 15472 REVISING 2022 FEE SCHEDULE WHEREAS, the City of Hutchinson is empowered by previously passed resolutions to impose fees for services, and WHEREAS, recent state legislation regarding liquor laws resulted in the City updating its liquor ordinance creating a new liquor license; and WHEREAS, based upon the changes to the ordinance and the new liquor license, a revision to the fee schedule is needed to account for the new license. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT THE 2022 FEE SCHEDULE IS REVISED TO INCLUDE THE FOLLOWING LICENSE AND FEE: Liquor Licenses — On -Sale Malt Liquor — $300.00 Adopted by the City Council this 281" day of June, 2022. Gary T. Forcier, Mayor ATTEST: Matthew Jaunich, City Administrator Fee Type 2022 Fees Notes 2021 Fees % Lit Charge Chan . Liquor Licenses: ' The 2021 annual foes were reduced 50% due to Minnesota Stateordered business closures related to the COVID-19 pandemic Club Liquor license Club fees are c mly at maximum amount per State Statute Under 200 Members $300.00 January i- December 31 $150Ap 100.0% 2009 201 - 500 Members $500.00 January 1 -December 31 $250.00 100.0% 2009 501 -1000 Members $650.00 January 1 - December 31 $325.00 100.0% 2009 1001 .2000 Members $800.00 January 1 - December 31 $400.00 100.0% 2009 2001 .4000 Lis base $1,000.00 January 1- December 31 $500.00 100.0% 2009 400, -6000 Members $2,000.00 January 1 - December 31 $1,000.00 100.0% 2009 Over 6000 Members $3,000.00 January 1 - December 31 $1,50b.00 100.0% 2009 Consumption&Display $250.00 Januaryl - December 31 Set by statute; max of$300 $125.00 100.0% 2012 $25.00 /event Temporary $25.00 fevent 0.0% 2012 Wine License $425.00 Januaryl - December 31 Set by statute; max of$1,000 $212.50 100.0% 2009 On -Sale Malt Liquor $300.00 January 1 - December 31 On -Sale Intoxicating Mat Liquor & Wine License $600.00 January 1 -December 31 $300.00 100.0% 2009 On -Sale Intoxicating Liquor License $2.000.00 January 1 - December 31 (prorate; refundable) $1,000.00 100.0% 2015 On -Sale Sunday Intoxlcating Liquor License $125.00 January 1 - December 31 Set by statute; max of $200 $62.50 100.0% 2009 $100.00 Temporary License (On. Day) $100,00 0.0% 2009 On -Sale 3.2 Mail Liquor License $425.00 January 1 - December 31 (nonrefundable) $212.50 100.0% 2009 $75.00 Short Tenn (up to seven days in a calendar year) $75.00 0.0% 2013 Off -Sale 3.2 Mat Liquor License $300.00 Januaryl - December 31 (nonrefundable) $150.00 100.0% 2009 Temporary Liquor License $125.00 $125.00 0.0% 2013 Intoxicating Liquor lnvesfigations $375.00 Nonrefundable $375.00 0.0% 2009 3.2 Malt Liquor Investigations $125.00 Nonrefundable $125.00 1 0.0% 2009 Caterer's Permit $100.0D Per Event $100.00 0.0% 2010 $300.00 Annual $150.00 100.0% 2010 Brewer (off -sale) $375.00 Annual $187.50 100.0% 2014 Brew pub off -sale $375.00 Annual $187.50 10D.0% 2014 $600.00 ]Annual 1 $300.001 IUU.U%] 2U14 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, February 15, 2022 4:00 p.m. 1. CALL TO ORDER 4:00 P.M. The February 15th, 2022 Planning Commission meeting was called to order by Chairman Lofdahl at 4:00 p.m. Members in bold were present Chairman Lofdahl, Vice Chairman Hacker, Commissioner Garberg, Commissioner Wirt, Commissioner Sebesta, Commissioner Hantge, and Commissioner Janssen. Also present were Dan Jochum, City Planner, Kent Exner, City Engineer, John Olson, City Public Works, John Paulson, City Environmental Specialist, Marc Sebora, City Attorney, Andrea Schwartz, City of Hutchinson Permit Technician and Madison Newcomb, City of Hutchinson Planning and Building Assistant. 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED January 18, 2022. Motion by Commissioner Sebesta to approve January 18, 2022 meeting minutes. Second by Commissioner Wirt. Motion approved. 4. PUBLIC HEARINGS A. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ESTABLISH A USE FOR A BUSINESS/PROFESSIONAL OFFICE SPACE IN A C-5 ZONING DISTRICT LOCATED AT 96 4�m AVE NW. Dan Jochum, City Planner addressed the Commission and gave a brief overview of the project. Mr. Jochum then covered the staff report. MN Dot asked that they be worked with on access and change of use permits. They also noted that no signs can overhang the right -of --way. Motion by Commissioner Hantge, second by Commissioner Sebesta close hearing at 4:06 p.m. Motion by Commissioner Hantge to approve with 3 staff recommendations plus working with MN Dot. Second by Commissioner Garberg. Item will be on City Council consent agenda on 02/22/2022. Minutes Hutchinson Planning Commission February 15, 2022 Page 2 5. NEW BUSINESS A. NONE 6. UNFINISHED BUSINESS A. Commissioner Hantge asked about the sign at Hutch Health that is not permanently installed. Mr. Jochum will look into this. B. Chairman Lofdahl asked about the progress of the Police facility. 7. COMMUNICATION FROM STAFF A. UPCOMING MEETINGS — staff has not heard of anything yet 8. ADJOURNMENT Motion was made by Commissioner Lofdahl to adjourn the meeting, second by Commissioner NA. Meeting was adjourned at 4:13 p.m. Library Board Meeting April 25, 2022 Members Present: Carolyn Ulrich, Mary Christensen, Margaret Hoffman, Kay Hultgren, Julie Lofdahl, Dianne Wanzek, and Katy Hiltner, Ex-officio. Excused/Absent: Jared Golde Carolyn called the meeting to order at 4:30. Minutes from the March 28, 2022, meeting were reviewed and approved. Old Business: 1. Author Programs: Meet the Author: J. Ryan Stradal This well -received event was held in Glencoe, on March 28, with 75 attendees. OBOC Author: Christopher Ingraham: 83 attended in -person, at the event center, and several more viewed online/Cable TV for a total audience of 123 or so. This was another well -received event. New Business: 1. Board Member Recommendation: Jared Golde does not plan to renew for a second term on the board. He is interested in staying on the PLS Board, however. Two people submitted applications. Following discussion, the board recommended Sue Griep for the vacant library board position. This motion was moved, seconded, and carried. This recommendation will be sent to the Mayor for review. 2. Youth Services Librarian Position: This position has been posted on many sites and some applications have been received. Katy is also posting a Library Assistant I position to bridge those leaving for college, etc. 3. Current Children's Programs: Katy reported that library staff have stepped in to fill in for Rachelle's departure and the following activities are covered: Digital Story Hours: scheduled through May Take and Make Kits: are prepared Discovery Boxes: Publicity has been online and in The Leader with the boxes already in circulation and being well -received. Summer Reading: Stories in the Park are lined up through June +. Katy is mapping out the rest of the summer activities. 4. Library Buzz: Mary: If You Lived Here You'd Be Home by Now (NF) Christopher Ingraham Julie: The Feel Good Effect (NF) Robin Conley Downs Katy: Books by Danish author, Katrine Engberg Margaret: Four Winds (F). Kristin Hannah Carolyn: The Fabric of Civilization (NF), Virginia Postrel and The Secret History of Wonder Woman (NF), Jill Lepore Dianne: TV documentaries, books by Marie Benedict (HF about women) Next Meeting: Monday, May 23, 2022, 4:30 pm., in meeting room. March Donations and Grants: Friends of the Library $461.73 (Winter Reading Program prizes) Total: $461.73 Respectfully submitted: Kay Hultgren, secretary Public Arts Commission Regular Meeting May 112022 Hutchinson Center for the Arts 15 Franklin St SW, Hutchinson MN 55350 I►Till`Lill 11*'� Present: Justin Beck, Pat May, Patrick Hiltner, Jeri Jo Redman Absent: Morgan Baum, Kay Johnson, Jackie Fuchs, Lynn Neumann (ex-officio), Dan Jochum (ex-officio) • Call To Order by Justin at 5:37 PM • Motion by Jeri Jo, second by Pat May to approve April Minutes. Motion carried. • Financial Update o Lynn is waiting for all pieces to be installed before paying the artist stipends. Less paperwork is required this way. • Sculpture Stroll Updates o Jeri Jo mentioned that posts/brochure boxes are needed at the Depot, Band stand, Citizens Bank Park, and Library Square. o The social media aspects of the PAC will be shifting from Jackie to Jeri Jo o Justin is still working on the Survey Monkey for People's Choice Award • Open Discussion/New Business o Jeri Jo reported on the Little Crow Statue and the message that was painted on it. Jeri Jo will explore some kind of educational exhibit at Hutchinson Center for the Arts to assist in messaging regarding the Missing Indiginous Women group. • Motion to Adjourn by Patrick, seconded by Jeri Jo, and motion carried. Adjourned at 6:03 PM. HRA HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY Regular Board Meeting Tuesday, May 17, 2022, 7:00 AM Minutes CALL TO ORDER: Chair Renee Lynn Johnson Kotlarz called the meeting to order. Members Present: Gary Forcier, Robin Kashuba, Kimberly Merwin and Steve Jensen. Staff Present: Judy Flemming and Jocelyn Jacobson. a. Approve the Hutchinson HRA Regular Board Meeting agenda and any agenda additions and/or corrections. Gary Forcier moved to approve the agenda of the regular board meeting and Robin Kashuba seconded. The motion carried unanimously. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON APRIL 19, 2022 Steve Jensen moved to approve the Minutes of the regular board meeting and Robin Kashuba seconded. The motion carried unanimously. 3. FINANCIAL REPORTS Robin Kashuba moved to approve the: a. City Center General Fund payments of $9,474.11 for checks 9256 to 9263 b. City Center April 30, 2022 Financial Statements c. Park Towers Operating Account payments of $30,229.91 for checks 15697 to 15728 and Park Towers Security Deposii Account Payments of $973.02 for checks 1609 d. January 31, 2022 Park Towers financial statements Steve Jensen seconded. The motion carried unanimously. 4. PARK TOWERS -FYI a. Park Towers May Newsletter b. Park Towers Vacancy Report c. Operation Update • Staff Update • Public Housing Closeout Update • HUD Notice for a Limited Management Review • Consideration of Submission of Loss Prevention Grant Application to Housing Insurance Agency for replacement of Federal Pacific Electrical Panels in remaining 20 units and an upgrade to Security Camera System. Steve Jensen moved to approve the Submission of Loss Prevention Grant Application to Housing Insurance Agency and Kim Merwin seconded. The motion carried unanimously 7:30 A.M. - 2021 AUDIT PRESENTATION BY ABBY SCHMIDT OF ABDO Abby Schmidt of Abdo presented the 2021 Audit to the HRA Board. 6. CONSIDERATION OF REVISED 2021 HUTCHINSON HRA YEAR END REPORT Steve Jensen moved to approve the revisions to 2021 Hutchinson HRA Year End Report. Kim Merwin seconded. The motion carried unanimously. May 17, 2022 Minutes Page 1 of 2 7. COMMUNICATIONS - FYI a. 2021 Year End by the Numbers Presentation presented to the City Council on May 10, 2022 b. HomeHelpMN is offered through Minnesota Housing to help if you have fallen behind on your mortgage or other housing -related expenses due to the pandemic. Minnesota Housing will begin accepting applications on Tuesday, May 17 at HomeHeIPMN.oKg or call 1-800-388-3226. 8. ADJOURNMENT Robin Kashuba moved to adjourn and Steve Jensen seconded. There being no other business, Chair Renee Lynn Johnson Kotlarz declared the meeting adjourned. Recorded by Jury Flemming, HR A Executive Director Gary F 44 May 17, 2022 Minutes Page 2 of 2 _'� 54 HUTCHINSON CITY COUNCIL Request for Board Action May 2022 Financial and Investment Reports Agenda Item: Department: Finance LICENSE SECTION Meeting Date: 6/28/2022 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff ❑� Governance Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: For Council review, attached are the May Financial Reports for the general fund and enterprise funds. Also attached is the May Investment Report. Feel free to contact me with any questions. Thank you. BOARD ACTION REQUESTED: Fiscal Impact: Funding Source: FTE Impact: Budget Change: Govern, 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 REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING MAY 31, 2022 2022 2021 2022 ACTUALS 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT MAY YTD BUDGET BALANCE USED ACTUAL BUDGET USED General Fund Taxes - - 5,617,556 5,617,556 - - 5,442,779 - Other Taxes 15,824 83,444 320,000 236,556 26.1 80,720 305,000 26.5 Licenses & Permits 48,288 268,335 443,600 175,265 60.5 244,757 380,300 64.4 Intergovernmental Revenue - 21,263 1,744,821 1,723,558 1.2 42,943 1,716,788 2.5 Charges for Services 175,589 1,003,082 2,816,325 1,813,243 35.6 873,140 2,786,834 31.3 Miscellaneous Revenues 11,141 84,209 256,500 172,291 32.8 69,060 246,250 28.0 Transfers -In - 933,596 2,710,191 1,776,595 34.4 466,798 2,723,191 17.1 Fines & Forfeitures 5,151 19,465 55,000 35,535 35.4 17,169 55,000 31.2 Capital Contributions - - - - - - 40,000 - TOTAL REVENUES 255,994 2,413,395 13,963,993 11,550,598 17.3 1,794,587 13,696,142 13.1 Wages & Benefits 652,176 3,234,208 9,443,650 6,209,443 34.2 3,170,298 9,240,778 34.3 Supplies 131,742 323,488 934,515 611,027 34.6 309,179 882,622 35.0 Services & Charges 306,680 1,045,834 2,756,429 1,710,595 37.9 962,947 2,760,282 34.9 Miscellaneous Expenses 19,244 101,066 714,086 613,020 14.2 112,481 684,310 16.4 Transfers -Out - 55,157 110,313 55,157 50.0 54,075 108,150 50.0 Capital Outlay - 9,394 5,000 (4,394) 187.9 9,616 20,000 48.1 TOTAL EXPENDITURES 1,109,842 4,769,146 13,963,993 9,194,847 34.2 4,618,595 13,696,142 33.7 NET REVENUE (853,848) (2,355,752) - 2,355,752 (2,824,008) - REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING MAY 31, 2022 2022ACTUALS MAY General Fund Expense by Department YTD 2022 2021 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED Mayor & City Council 2,855 13,885 50,077 36,192 27.7 14,178 50,099 28.3 City Administrator 58,411 207,580 482,617 275,037 43.0 174,515 491,611 35.5 Elections - 5,965 18,700 12,735 31.9 - - - Finance Department 67,042 165,605 404,170 238,565 41.0 157,413 382,169 41.2 Motor Vehicle 22,702 105,672 296,160 190,488 35.7 105,662 251,241 42.1 Assessing - - 61,205 61,205 - - 61,152 - Legal 19,960 110,850 328,734 217,884 33.7 112,817 321,917 35.0 Planning 12,743 60,136 170,514 110,378 35.3 59,552 164,302 36.2 Information Services 36,004 217,873 598,135 380,262 36.4 247,310 587,903 42.1 City Hall Building 15,422 66,997 193,849 126,852 34.6 69,514 190,079 36.6 Police Department 266,597 1,289,795 3,497,529 2,207,734 36.9 1,324,485 3,607,758 36.7 Hospital Security 26,300 123,997 361,679 237,682 34.3 122,233 328,598 37.2 Emergency Management 345 4,016 16,980 12,964 23.6 5,852 17,280 33.9 Safety Committee - 9,827 11,370 1,543 86.4 9,364 11,210 83.5 Fire Department 20,891 128,744 411,094 282,350 31.3 148,590 369,510 40.2 Protective Inspections 27,653 121,646 334,179 212,533 36.4 111,938 326,560 34.3 Engineering 53,769 192,958 441,310 248,352 43.7 164,876 465,890 35.4 Streets & Alleys 137,272 496,837 1,630,466 1,133,629 30.5 560,754 1,588,741 35.3 Park/Recreation Administration 28,024 93,773 249,716 155,943 37.6 111,558 316,616 35.2 Recreation 38,969 86,506 278,533 192,027 31.1 94,186 260,435 36.2 Senior Citizen Center 7,421 39,638 96,796 57,158 41.0 17,116 93,715 18.3 Civic Arena 21,018 134,991 411,332 276,341 32.8 117,813 373,185 31.6 Park Department 89,936 361,140 1,072,754 711,614 33.7 334,315 994,819 33.6 Recreation Building 11,307 81,620 265,600 183,980 30.7 72,694 248,129 29.3 Events Center 19,904 146,910 261,357 114,447 56.2 98,073 275,259 35.6 Evergreen Building 3,255 13,474 31,375 17,901 42.9 9,352 30,725 30.4 Library 49,129 109,549 230,492 120,943 47.5 56,599 222,820 25.4 Waterpark 27,547 50,326 396,659 346,333 12.7 19,056 355,833 5.4 Cemetery 18,087 51,608 145,838 94,230 35.4 51,935 138,320 37.5 Airport 9,321 67,913 145,123 77,210 46.8 55,839 131,541 42.4 Unallocated General Expense 17,959 209,316 1,069,650 860,334 19.6 191,007 1,038,725 18.4 TOTAL EXPENDITURES 1,109,842 4,769,146 13,963,993 9,194,847 34.2 4,618,595 13,696,142 33.7 REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING MAY 31, 2022 2022 2021 2022 ACTUALS 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT MAY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Liquor Fund Sales 632,386 2,622,020 7,424,000 4,801,980 35.3 2,800,047 6,809,000 41.1 Miscellaneous Revenues 583 1,360 3,000 1,640 45.3 766 2,500 30.6 TOTAL REVENUES 632,968 2,623,381 7,427,000 4,803,619 35.3 2,800,813 6,811,500 41.1 Cost of Sales 475,671 1,981,726 5,666,000 3,684,274 35.0 2,157,480 5,159,602 41.8 Wages & Benefits 65,234 300,075 812,108 512,033 37.0 269,699 757,179 35.6 Supplies 2,041 8,326 21,100 12,774 39.5 5,522 22,600 24.4 Services & Charges 24,283 123,573 285,550 161,977 43.3 105,433 259,365 40.7 Miscellaneous Expenses - 85 6,700 6,615 1.3 36 6,700 0.5 Transfers -Out - - 550,000 550,000 - - 550,000 - CapitalOutlay 23,250 23,250 15,000 (8,250) 155.0 6,153 15,000 41.0 Depreciation Expense - - 70,700 70,700 - - 77,000 - TOTAL EXPENDITURES 590,479 2,437,036 7,427,158 4,990,122 32.8 2,544,322 6,847,446 37.2 NET REVENUE 42,489 186,345 (158) (186,503) 256,491 (35,946) Year to Date Sales May Sales Comments 2022 2021 Change 2022 2021 Change Liquor Sales Revenue: Liquor 984,791 1,015,730 -3.0% 215,662 218,199 -1.2% Beer 1,225,946 1,317,645 -7.0% 330,336 337,372 -2.1% Wine 350,994 403,316 -13.0% 69,954 81,056 -13.7% Other 60,289 63,355 -4.8% 16,434 16,275 1.0% Total Sales 2,622,020 2,800,047 -6.4% 632,386 652,902 -3.1% Gross Profit $640,294 $642,567 $156,715 $139,675 Gross Margin on Sales 24.4% 22.9% 24.8% 21.4% Customer Count 90,317 96,433 -6.3% 20,864 21,735 -4.0% Average Sale per Customer $29.03 $29.04 0.0% $30.31 $30.04 0.9% Labor to Sales Ratio 11.4% 9.6% 10.3% 8.8% Year-to-date sales and customer count are both trending down from last year, likely due to the removal of COVID-19 restrictions. The current economy may also be playing a role. Despite the downturn, adjustments made by the liquor store staff have raised the Gross Margin back above 24%. The margin had been slipping in the past few years with the introduction of the rewards program in addition to the ad -match Monday promotion. Eliminating the ad -match, along with other adjustments to address the rising cost of credit card sales, has resulted in a margin similar to last year despite the 6.4% reduction in sales. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING MAY 31, 2022 2022 2021 2022 ACTUALS 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT MAY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Water Fund Sales 128,402 635,106 1,715,000 1,079,894 37.0 616,570 1,715,000 36.0 Sales - Other 40,464 224,959 549,950 324,991 40.9 249,298 549,950 45.3 Local Sales Tax 79,873 277,593 812,000 534,407 34.2 271,209 737,000 36.8 Charges for Services 3,301 48,582 71,685 23,103 67.8 46,865 65,700 71.3 Miscellaneous Revenues 5,156 11,023 42,000 30,977 26.2 17,855 47,000 38.0 Capital Contributions - - - - - - - - TOTAL REVENUES 257,196 1,197,263 3,190,635 1,993,372 37.5 1,201,796 3,114,650 38.6 Wages & Benefits 43,497 212,115 579,241 367,126 36.6 192,533 546,882 35.2 Supplies 23,333 74,279 168,150 93,871 44.2 56,900 140,150 40.6 Services & Charges 80,343 179,334 507,750 328,416 35.3 188,251 500,950 37.6 Miscellaneous Expenses - 303 13,500 13,198 2.2 1,539 15,000 10.3 Transfers -Out - - 70,000 70,000 - - 70,000 - Capital Outlay 20,358 104,206 998,450 894,244 10.4 865,219 Depreciation Expense - - 1,132,000 1,132,000 - - 1,160,000 - Debt Service - 208,342 1,465,433 1,257,091 14.2 207,323 1,465,215 14.1 TOTAL EXPENDITURES 167,531 778,578 4,934,524 4,155,946 15.8 646,546 4,763,416 13.6 NET of REVENUES & EXPENDITURES 89,665 418,685 (1,743,889) (2,162,574) 555,251 (1,648,766) Year to Date Water Sales Comments 2022 2021 Change Water Sales Revenue: Residential 429,406 434,402 -1.23T. Commercial 119,829 111,640 7.3% Industrial 85,870 70,527 21.8% Water Sales 635,106 616,570 3.0% Base Charge 184,486 182,405 1.1% Water Connection Charge 14,438 52,903 -72.7% Other 26,035 13,991 86.1 % Other Sales 224,959 249,298 -9.8% REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING MAY 31, 2022 2022 2021 2022 ACTUALS 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT MAY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Wastewater Fund Sales 241,404 1,244,648 2,755,000 1,510,352 45.2 1,093,856 2,782,000 39.3 Sales - Other 38,334 184,043 559,300 375,257 32.9 227,953 568,150 40.1 Local Sales Tax 79,873 277,593 812,000 534,407 34.2 271,209 737,000 36.8 Licenses & Permits - 6,000 6,500 500 92.3 6,000 6,500 92.3 Charges for Services 1,585 3,575 7,500 3,925 47.7 1,250 7,500 16.7 Miscellaneous Revenues 9,715 22,702 90,000 67,298 25.2 16,621 97,500 17.0 Capital Contributions - - - - - - - - TOTAL REVENUES 370,910 1,738,561 4,230,300 2,491,739 41.1 1,616,889 4,198,650 38.5 Wages & Benefits 59,680 276,841 776,934 500,093 35.6 272,717 752,715 36.2 Supplies 36,102 99,990 246,500 146,510 40.6 74,216 225,000 33.0 Services & Charges 56,596 240,924 769,000 528,076 31.3 338,230 762,200 44.4 Miscellaneous Expenses 3,690 19,196 40,000 20,804 48.0 19,766 40,000 49.4 Transfers -Out - - 80,000 80,000 - - 80,000 - Capital Outlay 284,626 2,199,707 984,400 (1,215,307) 223.5 237,119 2,358,219 10.1 Depreciation Expense - - 1,182,000 1,182,000 - - 1,125,000 - Debt Service - 396,346 1,526,311 1,129,965 26.0 423,011 1,389,965 30.4 TOTAL EXPENDITURES 440,694 3,233,004 5,605,145 2,372,141 57.7 1,365,060 6,733,099 20.3 NET of REVENUES & EXPENDITURES (69,784) (1,494,444) (1,374,845) 119,599 251,830 (2,534,449) Year to Date Sewer Sales Comments 2022 2021 Change Wastewater Sales Revenue: Residential 662,681 662,789 0.07T Commercial 169,836 186,380 -8.9% Industrial - Flow 191,413 137,662 39.0% Industrial - Violation Surcharges 220,718 107,026 106.2% Sewer Sales 1,244,648 1,093,856 13.8% Base Charge 159,293 157,624 1.1% Sewer Connection Charge 16,675 69,529 -76.0% Other 8,075 800 909.4% Other Sales 184,043 227,953 -19.3% Capital Outlay The large expenditure for 2022 includes the headworks and SCADA projects. The majority of the headworks costs are being funded by the $4M in bonds that we issued in 2021. REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING MAY 31, 2022 2022 2021 2022 ACTUALS 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT MAY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Refuse Fund Sales 106,804 528,627 1,267,000 738,373 41.7 514,859 1,220,000 42.2 Sales - Other 3,685 18,274 44,800 26,526 40.8 17,759 49,600 35.8 Intergovernmental Revenue - 2,592 12,500 9,908 20.7 2,592 12,500 20.7 Miscellaneous Revenues 2,375 5,304 15,000 9,696 35.4 3,845 20,000 19.2 TOTAL REVENUES 112,864 554,798 1,339,300 784,502 41.4 539,055 1,302,100 41.4 Wages & Benefits 16,312 68,407 259,732 191,325 26.3 69,650 225,933 30.8 Supplies 10,360 25,504 59,900 34,396 42.6 10,982 64,400 17.1 Services & Charges 85,928 303,591 848,350 544,759 35.8 287,717 817,220 35.2 Miscellaneous Expenses (200) - 1,000 1,000 - - 1,000 - Transfers -Out - - 55,000 55,000 - - 55,000 - CapitalOutlay 1,688 19,815 1,207,500 1,187,685 1.6 29,567 865,500 3.4 Depreciation Expense - - 169,000 169,000 - - 162,000 - TOTAL EXPENDITURES 114,087 417,316 2,600,482 2,183,166 16.0 397,916 2,191,053 18.2 NET of REVENUES & EXPENDITURES (1,223) 137,482 (1,261,182) (1,398,664) 141,139 (888,953) REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING MAY 31, 2022 Comaost Fund Sales Charges for Services Miscellaneous Revenues TOTAL REVENUES Cost of Sales Inventory Cost Adjustment Wages & Benefits Supplies Services & Charges Miscellaneous Expenses Transfers -Out Capital Outlay Depreciation Expense Debt Service TOTAL EXPENDITURES NET of REVENUES & EXPENDITURES 2022ACTUALS MAY YTD 2022 2021 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT BUDGET BALANCE USED ACTUAL BUDGET USED 606,313 2,228,283 2,706,000 477,717 82.3 2,160,982 2,289,000 94.4 370 1,180 87,000 85,820 1.4 3,586 70,000 5.1 2,736 12,626 32,000 19,374 39.5 4,881 32,000 15.3 609,419 2,242,089 2,825,000 582,911 79.4 2,169,449 2,391,000 90.7 449,771 1,536,877 1,837,000 300,123 83.7 1,288,777 1,582,500 81.4 (66,207) (290,570) (712,500) (421,930) 40.8 (256,076) (674,000) 38.0 62,501 291,685 808,198 516,513 36.1 284,692 798,104 35.7 20,369 51,610 129,000 77,390 40.0 47,196 123,500 38.2 15,958 82,492 304,850 222,358 27.1 74,072 259,000 28.6 331 4,007 11,000 6,993 36.4 2,884 11,000 26.2 - - 120,000 120,000 - - 110,000 - 5,085 221,000 215,915 2.3 109,515 376,500 29.1 - 278,000 278,000 - - 282,500 - - 68,338 73,808 5,470 92.6 66,089 161,642 40.9 482,722 1,749,526 3,070,356 1,320,830 57.0 1,617,149 3,030,746 53.4 126,697 492,563 (245,356) (737,919) 552,299 (639,746) Year to Date Sales Comments 2022 2021 Change Compost Sales Bagged 1,838,974 1,862,437 -1.3% Bulk 100,200 77,149 29.9% Other (Freight) 289,110 221,396 30.6% Total Sales 2,228,283 2,160,982 3.1% Gross Profit 691,406 872,204 Gross Margin 31.0% 40.4% REVENUE AND EXPENDITURE REPORT for CITY of HUTCHINSON PERIOD ENDING MAY 31, 2022 2022 2021 2022 ACTUALS 2022 AVAILABLE % BDGT 2021 YTD 2021 % BDGT MAY YTD BUDGET BALANCE USED ACTUAL BUDGET USED Storm Water Utility Sales 86,658 428,840 1,033,000 604,160 41.5 416,426 1,000,000 41.6 Sales - Other 462 2,337 3,500 1,163 66.8 - 3,500 - Licenses & Permits 2,905 3,945 4,800 855 82.2 1,575 4,800 32.8 Miscellaneous Revenues 1,366 3,540 14,350 10,810 24.7 12,683 15,350 82.6 TOTAL REVENUES 91,391 438,661 1,055,650 616,989 41.6 430,684 1,023,650 42.1 Wages & Benefits 22,182 103,810 290,084 186,274 35.8 97,912 276,724 35.4 Supplies 3,529 10,691 51,325 40,634 20.8 5,526 35,425 15.6 Services & Charges 26,441 33,025 212,150 179,125 15.6 22,759 196,350 11.6 Miscellaneous Expenses - 2,021 18,000 15,979 11.2 8,298 18,000 46.1 Transfers -Out - - - - - - - CapitalOutlay 746,600 746,600 99,889 739,000 13.5 Depreciation Expense - 254,000 254,000 - - 240,000 - Debt Service - 143,761 221,589 77,828 93.5 144,111 225,789 70.2 TOTAL EXPENDITURES 52,152 293,308 1,793,748 1,500,440 16.4 378,494 1,731,288 21.9 NET of REVENUES & EXPENDITURES 39,240 145,353 (738,098) (883,451) 52,191 (707,638) Oppenheimer & Co. Inc. SS Broad Street STATEMENT OF C)LPENIFEIMEk New York, 00 10004 Trans ctsBu in ACCOUNT M,�71r1. Transacts Business on All Principal Exchanges Assets maturing during the next 60 days appear at the end of this statement. Special Message This statement has been provided to you through electronic delivery. Thank you for helping us 'Go Green'! Portfolio Summary This Previous Estimated Period Period Annual Income 05/31/22 04/30/22 Advantage Bank Deposits' $62425 $0.00 $0.03 Mutual Funds 18,915,201.09 5,618,077.45 43,618.45 Government Agency Bonds 470,900.00 467,870.00 5,900.00 Municipal Bonds 7,734,576.40 8,964,206.60 134,45320 Certificates of Deposit 5,347,725.25 5,361,366.85 128,992.50 C $hA*MrAIMIN" I;Pm 15 3742t5 Total Asset Value '$32.470AMi4 $20.41105.45 '�912,tiB 61S Net Value of Accrued Interest $57,062.89 $70,596.33 Total Asset Value does not include Direct Investments, Accrued Interest or unpriced securities Eligible for FDIC insurance up to standard maximum insurance amounts; Not SIPC insured. Account Number: D25-5019707 Tax ID Number: ON FILE For the Period: 05/01/22 - 05/31/22 Last Statement: 04/30/22 Page 1 of 13 CITY OF HUTCHINSON MINNESOTA III HASSAN ST SE HUTCHINSON MN 55350-2522 Financial Professional SULLIVAN,C/FAY,J 5HX (800)258-3387 Internet Address: www.opco.com Income Summary Office Serving Your Account 100 SOUTH 5TH ST SUITE 2200 MINNEAPOLIS, MN 55402 Reportable This Period Year to Date Corporate Interest $15,178.58 $60,249.32 Municipal Interest 23,842.50 110,002.83 Government Interest 0.00 2,950.00 Dividends 1,164.02 1,994.42 Tatar Reportable 640ISLI0 61T6,196,57 Non -Reportable Municipal Accrued Int Paid $-611.11 $-6,042.93 Corporate Accrued Int Paid 0.00 -20.14 70hlN*nAW b1* W1,11 6$,MAY PPENHEIMEK Executive Summary CITY OF HUTCHINSON report as of 0610112022 XXXXXX9707 Summary Totals Original Face $13,895,000 Current Face (Par) $13,895,000 Market Principal $13,553,202 Accrued Interest $56,460 Cash & Cash Alternatives $0 Fixed Income Funds $0 Equity Balance $0 Total Portfolio Value $13,609,661 Next 12mo Cpn Cash Flow $250,878 Generic Annual Cpn Cash Flow $269,346 Weighted Averages Coupon* 1.938 % Maturity" 2.16 yrs Duration 2.08 Yield to Worst 2.697 % Yield to Maturity 2.697 % Market Price' 97.540 Tax Lots Holdings Included 44 of 44 'Par-Wtd, all else Mkt-Wtd. * Avg lire used for principal paydowns, and perpetual securities are assigned a 40 year maturity. 60% 40% . Muni - 57.1 % CD- 39.5% Agy - 3.5% 20% 0% I On'Oti�O On'O�'O�'On'On�O O�O�O�O�O�yO O�^O O�ObObO�'Ob0�0�'ObO�'O�'O�'Oy Oy~�'�a\ Qe Moody's S&P 0 Fed Tax -Exempt Fed Taxable Subj to Cap Gains Subj to AMT $42,000 UST/AGY/CD - PR/ETM P,aa $35,000 AAA AA $28,000 AA A A 6 $21,000 Bea BBB Be $14,000 BB <BB $7,000 NR NR None None d{'+ {'+ d{'+ 0% 20% 40% 60% 80% 100% o& Imo `o `�2 P,4 slo 40% 20% 0% ' O~O1'O''Op0yo60� 000°i'10;ti~;ti1';ti'';tiptiy;tit'1A;ti0;ti°�ry0;1",ry�',ry'';1.pryyry6;1�,ry0,ry°i;+rOOx 0o'OtiOtiO'iOPO<'iOro'O'�'0009'.tiO.ti'1.ti'4.ti'�.tiP,tiy.tiH,tit.ti0.ti9',yO,y'1,t'L,y'�,yP,�y,y6,y1,tO,yO '� Includes coupon cash flows for the next 12 months, from 06/01/2022 to 05r31/2023. Includes all tax lot holdings with recognized CUSIP, quantity, market price and full analytical calculations on reporting date. Includes coupon cash flows for the next 12 months, Bom 06/012022 to 05411/2023. Projected Principal Paydowns for CMOs are produced by applying current pool speeds which are updated weekly. Assuming similar market conditions going forward, Projected Principal Paydowns for Pass-7hru securities are produced by calculating and applying concurrent historical speeds to future paydown schedules. Page 3 of 23 PPENHEIMEK Totals & Averages @ Current Market CITY OF HUTCHINSON report as of 0610112022 XXXXXX9707 Original Face Value Current Face Value Valid Tax Lot Holdings Unrecognized Tax Lot Holdings Total Tax Lot Holdings $13,895,000 $13,895,000 44 0 44 Valid Tax Lot Holdings' includes all tax lot holdings with recognized CUSIP and quantity. Priced Original Face Value $13,895,000 Priced Current Face Value $13,895,000 Tax Lot Holdings Included 44 of 44 Priced Market Principal $13,553,202 Average Coupon 1.938% Average Market Price 97.540 Includes all tax lot holdings with recognized CUSIP, quantity and market price on reporting date. Average coupon and market price weighted by market principal. Portfolio Totals Original Face Value Current Face Value Market Principal Value Accrued Interest Total Market Value Cash & Cash Alternatives Fixed Income Funds Equity Balance Total Portfolio Value Next 12mo Cpn Cash Flow Generic Annual Cpn Cash Flow Tax Lot Holdings Included Portfolio Averages $13,895,000 Coupon $13,895,000 Maturity $13,553,202 Duration $56,460 Convexity $13,609,661 Current Yield $0 Yield to Worst $0 Yield to Maturity $0 After Tax YTW $13,609,661 Taxable Equivalent YTW $250,878 After Tax YTM $269,346 Taxable Equivalent YTM 44 of 44 Market Price 1.938% 2.16 yrs 2.08 0.065 1.987% 2.697% 2.697% 2.697% 2.697% 2.697% 2.697% 97.540 Includes all tax lot holdings with recognized CUSIP, quantity, market price and full analytical calculations on reporting date. Portfolio average values are market -weighted, unless otherwise rioted. Coupon and market price are par -weighted. All prices have been normalized to par. Average life used for principal paydowns, and perpetual securities are assigned a 40 year maturity. Includes coupon cash flows for the next 12 months, from 0610112022 to OY31/2023. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.00%, a State of WA, and a State Tax rate of WA. Generic Annual Cpn Cash Flow is simply coupon rate times current face value, and does not consider acquisition date, redemption dates, long/short first coupons, ex -dividend dates, payment delays, etc. Duration and convexity figures represent modified duration to worst. Page 4 of 23 PPENHEIMEK Totals & Averages @ Acquisition CITY OF HUTCHINSON report as of 0610112022 XXXXXX9707 Original Face Value Current Face Value Valid Tax Lot Holdings Unrecognized Tax Lot Holdings Total Tax Lot Holdings $13,895,000 Portfolio Totals Portfolio Averages $13,895,000 Original Face Value $13,895,000 Yield to Worst (cost) 2.075% 44 Face Value at Acquisition $13,895,000 Yield to Worst (mkt) 2.697% 0 Original Principal Cost $13,865,927 Yield to Maturity (cost) 2.075% 44 Adjusted Principal Cost $13,827,606 Yield to Maturity (mkt) 2.697% Current Market Principal $13,553,202 Original Acquisition Price 99.791 Estimated Gain/(Loss) -$274,405 Adjusted Cost Price 99.515 Tax Lot Holdings Included 44 of 44 Current Market Price 97.540 Valid Tax Lot Holdings' includes all tax lot holdings with recognized CUSIP and quantity. Original Face Value $13,895,000 Face Value at Acquisition $13,895,000 Tax Lot Holdings Included 44 of 44 Original Principal Cost $13,865,927 Average Acquisition Price 99.791 Includes all tax lot holdings with recognized CUSIP, quantity, acquisition date/price, full analytical calculations at acquisition, market price, and full analytical calculations on reporting date. Average values Qa cost are weighted by respective original total acquisition costs. Includes all tax lot holdings with recognized CUSIP, quantity, and acquisition date/price. All prices have been normalized to par. Average acquisition price is weighted by original principal cost. Average life used for principal paydowns, and perpetual securities are assigned a 40 year maturity. Page 5 of 23 PPENHEIMEK Position Details report as of 0610112022 CITY OF HUTCHINSON XXXXXX9707 CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Adj Cost Px Accr Int % Adj Cost 13281 NYX4 205 xmooa9707 Aal/AA CAMDEN CNTY N J IMPT AUTH REV- 0.591% 99.917 Maturity 07/15/2022 1.301%(w) 1.301% 1.301% 09/1012020 $205,045 $204,830 ($215) Muni 1.48% Held IAa1/-) CROSSROADS REDEV PROJ 07/152022 0.12 Cuff Yield - 0.591% 100.351 / 0.400% 100.022 $464 (0.1%) Material Events I Federally Taxable I S&P Outlook Stable I Revenue I Government I Semi -Annual Pay 15721 UCT4 245 xmooa9707 -/- CFBANK FAIRLAWN OH 3.250% 100.292 Maturity 07/19/2022 0.931%(w) 0.931% 0.931% 12/19/2018 $245,000 $245,715 $715 CD 1.76% Held FDIC Cert A, 28263 07/192022 0.13 Cuff Yield - 3.241 % 100.000 / 3.250% 100.000 $327 0.3% Death Put I I CFBK I Monthly Pay I Restricted Stales: CAPR,TN,TX 02587DV47 245 xxxxxx9707 -/- AMERICAN EXPRESS CENTURIAN BK 2.350% 100.239 Maturity 08/08/2022 1.018% (w) 1.018% 1.018% 08/08/2017 $245,000 $245,586 $586 CD 1.76% Held CTF DEP PROGRAM BOOK ENTRY 08/o82022 0.18 Cuff Yield - 2.344% 100.000 / 2.350% 100.000 $1,814 0.2% FDIC Cent A, 27471 Death Put I I AXP I Semi -Annual Pay I Restricted Stales: OH, TX 01748DAY2 245 xxxxxx9707 -/- ALLEGIANCE BK TEX HOUSTON 2.200% 100.391 Maturity 11/03/2022 1.264% (w) 1.264% 1.264% 11/03/2017 $245,000 $245,958 $958 CD 1.76% Held FDIC Cert A, 58629 11/032022 0.41 Cuff Yield - 2.191 % 100.000 / 2.200% 100.000 $0 0.4% Death Put I I ABTX I Monthly Pay I Restricted Stales: TX 254672WU8 245 xxxxxx9707 -/- DISCOVER BK 2.450% 100.532 Maturity 11/18/2022 1.286% (w) 1.286% 1.286% 05/09/2017 $245,000 $246,303 $1,303 CD 1.76% Held FDIC Cert A, 5649 11/1 &2022 0.46 Cum Yield - 2.437 % 100.000 / 2.450% 100.000 $263 0.5% Death Put I I DFS I Semi -Annual Pay 214201GK5 150 xxxxxx9707 Al/- COOK CNTY ILL SCH DIST NO 0.000% 98.287 Maturity 12/01/2022 3.525% (w) 3.525% 3.525% 10/27/2020 $149,382 $147,430 ($1,951) Muni 1.08% Held (-/-) 089MAYWOOD 12/012022 0.49 Cuff Yield - 0.000% 98.34110.800% 99.588 $0 (1.3%) Material Events I Federally Taxable I State Taxable I General Obligation I Education I AGMC Insured 949495AQ8 245 xxxxxx9707 -/- WELLS FARGO NATL BK WEST LAS V 1.900% 100.229 Maturity 01/17/2023 1.531 % (w) 1.531 % 1.531 % 01/17/2020 $245,000 $245,561 $561 CD 1.76% Held FDIC Cert A, 27389 01/17/2023 0.62 Cuff Yield - 1.896% 100.000 / 1.900% 100.000 $217 0.2% Death Put I I WFC I Monthly Pay 58404DDMO 245 xxxxxx9707 -/- MEDALLION BK UTAH 2.850% 100.862 Maturity 03/06/2023 1.702% (w) 1.702% 1.702% 03/05/2019 $245,000 $247,112 $2,112 CD 1.76% Held FDIC Cert A, 57449 03/062023 0.75 Cuff Yield - 2.826% 100.000 / 2.850 % 100.000 $555 0.9% Death Put I I MEDBNK I Monthly Pay I Restricted Stales: AL,OH,TX 149159MQ5 245 xxxxxx9707 -/- CATHAY BK LOS ANGEL CALIF 3.150% 101.015 Maturity 06/08/2023 2.132%(.) 2.132% 2.132% 06/08/2018 $245,000 $247,487 $2,487 CD 1.76% Held FDIC Cert A, 18503 06/0&2023 0.98 Cuff Yield - 3.118 % 100.000 / 3.150% 100.000 $3,742 1.0% Death Put I I CATY I Semi -Annual Pay I Restricted Stales: CA NY Includes all tax lot holdings with recognized CUSIP. For preferred securities, # of shams is displayed instead of current face value, which is represented in thousands (000). The (w) in the Yield column indicates which yield value is the Yield to Worst (YTM9. Duration figure represents modified duration to worst. ATY(TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0091, a State of WA, and a State Tax rate of WA. Page 6 of 23 PPENHEIMEK Position Details (continued...) CITY OF HUTCHINSON report as of 061012022 XXXXXX9707 CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Adj Cost Px Accr Int % Adj Cost 856425AR4 245 xxxxxx9707 4- STATE BANK OF LISMORE LISMORE 3.100% 100.978 Maturity 06/27/2023 2.171%(w) 2.171% 2.171% 06/2712018 $245,000 $247,396 $2,396 CD 1.76% Held MN 06/272023 1.05 Cuff Yield - 3.070% 100.000 / 3.100% 100.000 $146 1.0% FDIC Cert A, 8190 Death Put I I SBKLIS I Monthly Pay 45581 EAX9 245 xxxxxx9707 -/- INDUSTRIAL& COML BK CHINA USA 3.300% 101.193 Maturity 06/30/2023 2.175% (w) 2.175% 2.175% 08/30/2018 $245,000 $247,923 $2,923 CD 1.76% Held FDIC Cert A, 24387 0613012023 1.06 Cuff Yield - 3.261% 100.000 / 3.300% 100.000 $89 1.2% Death Put I I INDCMB I Monthly Pay I Restricted States: NON-USACCOUNTS 75472RAW1 245 xxxxxx9707 -!- RAYMOND JAMES BK NATL ASSN 1.700% 99.319 Maturity 08/14/2023 2.278% (w) 2.278% 2.278% 02/14/2020 $245,000 $243,332 ($1,668) CD 1.76% Held FDIC Cert#., 33893 081142023 1.17 Cuff Yield - 1.712% 100.000 / 1.700% 100.000 $1,244 (0.7%) Death Put I I RJF I Semi -Annual Pay 59833LAF9 245 xxxxxx9707 -/- MIDWEST INDPT BK MO 3.150% 101.032 Maturity 09/18/2023 2.339% (w) 2.339% 2.339% 09/17/2018 $245,000 $247,528 $2,528 CD 1-76% Held FDIC Cert A, 25849 09/182023 1.26 Cuff Yield - 3.118% 100.000 / 3A 50% 100.000 $359 1.0% Death Put I I MIDINB I Monthly Pay 61760ARSO 245 xxxxxx9707 d- MORGAN STANLEY PRIVATE BK 3.550% 101.461 Maturity 11/082023 2.504% (w) 2.504% 2.504% 11/08/2018 $245,000 $248,579 $3,579 CD 1-76% Held NATL 11/082023 1.39 Cum Yield - 3.499% 100.000 / 3.550% 100.000 $620 + 5% FDIC Cert A, 34221 Death Put. I MS I Semi -Annual Pay 54627CAX1 250 xxxxxx9707 Aaal- LOUISIANA HSG CORP MULTIFAMILY 0.550% 97.119 Next Call 06/222022 56.630% 56.630% 56.630% 05/11/2022 $240,758 $242,798 $2,040 Muni 1.80% Held (-/-) HSG REV - HOLLYWOOD ACRES LLC 12/012023 1.47 Maturity 12/012023 2.527% (w) 2.527% 2.527% 96.303 / 3.000 % 96.303 $8 0.8% - HOLLYWOOD HEIGHTS PROJS Cuff Yield - 0.566% Material Events I Revenue I Housing I Semi -Annual Pay 538036CZ5 245 xxxxxx9707 -P LIVE OAK BANKING COMPANY 2.500% 99.979 Maturity 12/132023 2.514% (w) 2.514% 2.514% 12/13/2017 $245,000 $244,949 ($51) CD 1.76% Held WILMINGTON NC 12/132023 1.50 Cuff Yield - 2.501% 100.00012.500% 100.000 $34 (0.0%) FDIC Cert A, 58665 Death Put I I LIVOAK I Monthly Pay 03784JSL9 245 xxxxxx9707 -/- APPLE BANK FOR SAVINGS 0.600% 96.810 Maturity 01/222024 2.600% (w) 2.600% 2.600% 01/26/2022 $243,456 $237,184 ($6,272) CD 1.76% Held FDIC Cert A, 16068 01222024 1.60 Cuff Yield - 0.620% 99.370 / 0.920 % 99.370 $536 (2.6%) Death Put I I APPBNK I Semi -Annual Pay I Restricted States: TX 06251AV80 245 xxxxxx9707 -/- BANK HAPOALIM B M NEW YORK 3.200% 100.966 Maturity 01/232024 2.593% (w) 2.593% 2.593 % 01/23/2019 $245,000 $247,367 $2,367 CD 1-76% Held FDIC Cert A, 33686 01232024 1.57 Cuff Yield - 3.169% 100.000 / 3.200% 100.000 $2,814 1.0% Death Put I I Foreign I Emerging I HAPOAL I Semi -Annual Pay I Restricted States: MT,TX Includes all tax lot holdings with recognized CUSIP. For preferred securities, # of shares is displayed instead of current face value, which is represented in thousands (000). The (w) in the Yield column indicates which yield value is the Yield to Worst (YTM9. Duration figure represents modified duration to worst. ATY(TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0091, a State of WA, and a State Tax rate of WA. Page 7 of 23 PPENHEIMEK Position Details (continued...) CITY OF HUTCHINSON report as of 0610112022 XXXXXX9707 CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Adj Cost Px Accr Int % Adj Cost 20033AP91 245 xrzroorx9707 r- COMENITY CAP BK UTAH 3.100% 100.765 Maturity 02/15/2024 2.640% (w) 2.640% 2.640% 02/1512019 $245,000 $246,874 .1 F7-I CD 1-76% Hord FDIC Cert#. 57570 0211WO24 1.65 Cuff Yield - 3.076% 100.000 / 3.100% 100.000 $395 � � Death Put I I ADS I Monthly Pay I Reshicted Stales: OH,TX 057864AZ3 485 xxx>orx9707 Aa2/AA BALDWIN CNTY ALA PUB BLDG AUTH 3.000% 101.732 Maturity 03/01/2024 1.984% (w) 1.984% 1.984% 03/20/2020 $489,098 $493,400 %4,aU2 Muni 3.49% Held (A821-) BLDG REV - JAIL PROJ 0310112024 1.68 Cuff Yield - 2.949% 101.86712.500% 100.845 $3,718 ^ 7% Material Events I S&P Outlook Stable I Extraordinary Calls I Revenue I Government I Semi -Annual Pay 65621XAN9 580 xxxxxx9707 -IAA+ NORMANDY SCHS COLLABORATIVE 0.550% 96.285 Maturity 03/01/2024 2.745% (w) 2.745% 2.745% 12/07/2021 $577,048 $558,453 Muni 4.17% Held (-/A-) MO JT EXECUTIVE GOVERNING BRD 03/01/2024 1.71 Cuff Yield - 0.571% 99.491 I0.780% 99.491 $815 (3.2%) ST LOUIS CNTY Federally Taxable I Stale Taxable I S&P Outlook Stable I General Obligation I Education I Semi -Annual Pay 90348JJQ4 245 xxxxxx9707 -/- UBS BK USA SALT LAKE CITY UT 2.900% 100.296 Maturity 04/03/2024 2.734% (w) 2.734% 2.734% 04/03/2019 $245,000 $245,725 $725 CD 1.76% Held FDIC Cent A, 57565 04/032024 1.78 Cuff Yield - 2.891% 100.000 / 2.900% 100.000 $0 0.3% Death Put I I UBS I Monthly Pay 438701Y73 675 xxxxxx9707 Aa2l- HONOLULU HAWAII CITY & CNTY 0.545% 94.797 Maturity 07/01/2024 3.152% (w) 3.152% 3.152% 03/07/2022 $658,112 $639,880 ($18,232) Muni 4.86% Held (Aa21-) WASTEWTR SYS REV 07/01/2024 2.03 Cuff Yield - 0.575% 97.49811.650% 97.498 $1,553 (2.8%) Material Events I Federally Taxable I Make Whole Call I Pro -Rats I Revenue I Utilities I Semi -Annual Pay 20056UAV6 500 xxxxxx9707 -/AA COMMERCE CALIF CMNTY DEV 3.000% 100.083 Maturity 08/01/2024 2.959% (w) 2.959% 2.959% 05/09/2017 Muni 3.60% Held (-/A) COMMN SUCCESSOR AGY TAX 08/012024 2.06 Cuff Yield - 2.998% 105.319 / 2.200% ALLOCATION Federally Taxable I S&P Outlook Stable I DID I Revenue I Government I AGMC Insured I Semi -Annual Pay 438687KT1 1,000 xxxxxx9707 Aal/- HONOLULU HAWAII CITY & CNTY 1.832% 97.530 Maturity 08/01/2024 3.021% (w) 3.021% 3.021 % 10/30/2019 Muni 7.20% Held (As1/-) 08/012024 2.08 Cuff Yield - 1.878% 99.600/1.920% Material Events I Federally Taxable I Make Whole Call I General Obligation I Government I Semi -Annual Pay 20772,13,19 570 xxxxxx9707 Aa3/A+ CONNECTICUT ST 2.400% 98.312 Maturity 08/152024 3.200% (w) 3.200% 3.200% 07/11/2019 Muni 4.10% Held (Aa3y 081152024 2.11 Curr Yield - 2.441 % 99.808 12.440 % Material Events I Federally Taxable I S&P Outlook Positive I General Obligation I Govemment I Semi -Annual Pay 64971QJ38 500 xxxxxx9707 Aal/AAA NEW YORK N Y CITY TRANSITIONAL 2.600% 98.545 Next Call 11/012022 6.215% 6.215% 6.215% 05/09/2017 Muni 3.60% Held (As1/--) FIN AUTH REV 1110112024 2.31 Maturity 11/012024 3.231% (w) 3.231% 3.231 % 97.35012.998% Cuff Yield - 2.638% Material Events I Federally Taxable I S&P Outlook Stable I Callable I Revenue I Government I Semi -Annual Pay Includes all tax lot holdings with recognized CUSIP. For preferred securities, # of shams is displayed instead of current face value, which is represented in thousands (000). The (w) in the Yield column indicates which yield value is the Yield to Worst (YTW). Duration figure represents modified duration to worst. ATY(TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0091, a State of WA, and a State Tax rate of WA. Page 8 of 23 $508,390 $500,415 ($7,975) 101.678 $5,083 (1.6%) $996,000 $975,300 ($20,700) 99.600 $6,208 (2.1%) $568,906 $560,378 ($8,527) 99.808 $4,104 (1.5%) $486,750 $492,725 $5,975 97.350 $1,156 1.2% PPENHEIMEK Position Details (continued...) CITY OF HUTCHINSON report as of 0610112022 XXXXXX9707 Position Details CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Adj Cost Px Accr Int % Adj Cost 795451BAO 245 xmooa9707 -/- SALLIE MAE BK MURRAY UTAH 1.000% 95.222 Maturity 12/16/2024 2.967% (w) 2.967% 2.967% 12/15/2021 $245,000 $233,294 ($11,706) co 1.76% Held FDIC Cart A, 58177 12/162024 2.46 Cuff Yield - 1.050 % 100.000 / 1.000% 100.000 $1,141 (4.e%) Death Put I I SALLMA I Semi -Annual Pay I Restricted States: OH,TX 287299MR9 150 xmooa9707 -/AA+ ELK GROVE VILLAGE ILL 1.000% 94.803 Maturity 01/01/2025 3.114% (w) 3.114% 3.114% 11/01/2021 $150,000 $142,204 ($7,796) Muni 1.08% Held (,/) 01/01/2025 2.50 Cuff Yield - 1.055 % 100.000 / 1.000% 100.000 $633 (5.2%) Federally Taxable I Stale Taxable I S&P Outlook Stable I Short First Coupon I General Obligation I Government I Semi -Annual Pay 696583GV9 460 xxxxxx9707 Aal/AAA PALM BEACH FLA REV 2.500% 98.896 Maturity 01/01/2025 2.947% (w) 2.947% 2.947% 01/08/2020 $465,166 $454,922 ($10,244) Mu-i 3.31% Held (As1/--) 01/01/2025 2.45 Cuff Yield - 2.528% 102.12012.050% 101.123 $4,856 (2.2%) Material Events I Federally Taxable I S&P Outlook Stable I Revenue I Government I Semi -Annual Pay 59013KFJO 245 xxxxxx9707 -/- MERRICK BK SOUTH JORDAN UTAH 1.800% 96.956 Maturity 01/31/2025 2.989% (w) 2.989% 2.989% 01/31/2020 $245,000 $237,542 ($7,458) CD 1.76% Held FDIC Cart A, 34519 01/31/2025 2.59 Cuff Yield - 1.857 % 100.000 / 1.800% 100.000 $36 (3.0%) Death Put I I MERICK I Monthly Pay I Restricted States: OH,TX 16166NCL7 300 xxxxxx9707 -/AA- CHASKA MINN ECONOMIC DEV 3.430% 99.976 Maturity 02/01/2025 3.438% (w) 3.438% 3.438% 02/03/2020 $312,642 $299,928 ($12,714) Muni 2.16% Held (-/-) AUTHLEASE REV 02/012025 2.50 Cum Yield - 3.431% 107.752/1.800% 104.214 $3,487 (4.1%) Material Events I Federally Taxable I State Taxable I S&P Outlook Stable I Revenue I Indusaial I Semi -Annual Pay 05465DAE8 245 xxxxxx9707 -/- AXOS BK SAN DIEGO CALIF 1.650% 96.297 Maturity 03/26/2025 3.024% (w) 3.024% 3.024% 03/26/2020 $245,000 $235,928 ($9,072) CD 1.76% Held FDIC Cart A, 35546 03/262025 2.74 Cuff Yield - 1.713 % 100.000 / 1.650% 100.000 $89 (3.7%) Death Put I I BOR I Monthly Pay 59334PJA6 375 xxxxxx9707 -/AA MIAMI-DADE CNTY FLA TRAN SYS 0.900% 92.577 Maturity 07/01/2025 3.463% (w) 3.463% 3.463% 11/23/2021 $373,012 $347,164 ($25,849) Muni 2.70% Held (a) SALES SURTAX REV 07/012025 2.98 Cuff Yield - 0.972% 99.470 / 1.050% 99.470 $1,425 (6.9%) Material Events I Federally Taxable I S&P Outlook Stable I Revenue I Government I Semi -Annual Pay 052405FP7 245 xxxxxx9707 Aa3/AA AUSTIN TEX CMNTY COLLEGE 0.992% 93.382 Maturity 08/01/2025 3.210% (w) 3.210% 3.210% 04/29/2022 $229,482 $228,786 ($696) Muni 1.76% Held (Aa3/--) DISTPUB FAC CORP LEASE REV 08/012025 3.06 Cuff Yield - 1.062% 93.666 / 3.050% 93.666 $824 (0.3%) Material Events I Federally Taxable I S&P Outlook Stable I Extraordinary Calls I Revenue I Education I Semi -Annual Pay 29278TMJ6 245 xxxxxx9707 -/- REGIONS BK BIRMINGHAM ALA 2.000% 96.449 Maturity 10/31/2025 3.098% (w) 3.098% 3.098% 10/31/2019 $245,000 $236,300 ($8,700) CD 1.76% Held FDIC Cart A, 57293 10/312025 3.28 Cuff Yield - 2.074 % 100.000 / 2.000% 100.000 $40 (3.6%) Death Put I I RF I Monthly Pay I Restricted States: OH,TX Includes all tax lot holdings with recognized CUSIP. For preferred securities, # of shams is displayed instead of current face value, which is represented in thousands (000). The (w) in the Yield column indicates which yield value is the Yield to Worst (Y7M9. Duration figure represents modified duration to worst. ATY(TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0091, a State of WA, and a State Tax rate of WA. Page 9 of 23 PPENHEIMEK Position Details (continued...) CITY OF HUTCHINSON report as of 0610112022 XXXXXX9707 Position Details CUSIP Curr Face Account # Mdy / S&P Coupon Mkt Px Acq Date Tot Adj Cost Mkt Principal Unreal GIL Asset % Port Held (Underlying) Issue Description Maturity Duration Px To Date Yield ATY TEY Acq Px / Yid Ad} Cost Px Accr Int % Adj Cost 47770VBF6 310 xmoorx9707 Aa3/AA+ JOBSOHIO BEVERAGE SYS OHIO 2.034% 95.441 Maturity 01/01/2026 3.398%(w) 3.398% 3.398% 04/29/2022 $298,815 $295,867 ($2,948) Muni 2.23% Held (Aaw--) STATEWIDE LIQUOR PROFITS REV 01/01/2026 3.38 Cuff Yield - 2.131% 96.392 / 3.080% 96.392 $2,662 (1.0%) Federally Taxable I S&P Outlook Stable I Make Whole Call I Pm-Rata I Revenue I Industrial I Semi -Annual Pay 678553BUI 300 xmoorx9707 Aa2/AA+ OKLAHOMA CITY OKLA ECONOMIC 1.118% 92.684 Maturity 03/01/2026 3.207% (w) 3.207 % 3.207 % 02/10/2022 Muni 2.16% Held (AaZf) DEV TR TAX APPORTIONMENT- OY0112026 3.61 Cuff Yield - 1.206% 97.611/1.730% INCREMENT DIST NO 8 PROJ Material Events I Federally Taxable I S&P Outlook Stable I Make Whole Call I Long First Coupon I Revenue I Government I Semi -Annual Pay 032879UV8 500 xxxxxx9707 -/AA ANCHOR BAY MICH SCH DIST 1.250% 91.964 Maturity 05/01/2026 3.465% (w) 3.465% 3.465% 07/16/2020 Muni 3.60% Held (-/-) 05/012026 3.76 Cuff Yield - 1.359% 100.726/1.120% Material Events I Federally Taxable I S&P Outlook Stable I General Obligation I Education I Semi -Annual Pay 71884AH28 135 xxxxxx9707 Aa2/AAA PHOENIX ARIZ CIVIC IMPT CORP 1.157% 92.569 Maturity 07/01/2026 3.111%(w) 3.111% 3.111% 12/14/2021 Muni 0.97%% Held (AaZf) EXCISE TAX REV 07/012026 3.91 Cuff Yield - 1.250% 99.370 / 1.300% Material Events I Federally Taxable I S&P Outlook Stable I Make Whole Call I Revenue I Government I Semi -Annual Pay 89235MLD1 245 xxxxxx9707 -/- TOYOTA FINL SVGS BK HEND NV 0.950% 91.462 Maturity 07/22/2026 3.168% (w) 3.168% 3.168% 07/22/2021 CD 1.76% Held FDIC Cert A, 57542 07/22/2026 3.98 Cuff Yield - 1.039 % 100.000 / 0.950% Death Put I I TOYFBN I Semi -Annual Pay I Restricted States: OH,TX 798306WQ5 140 x oocor9707 Aa2l- SAN JUAN CALIF UNI SCH DIST 1.201% 91.443 Maturity 08/01/2026 3.425% (w) 3.425% 3.425% 11/12/2021 Muni 1.01% Held (A82/--) 08/012026 3.98 Cuff Yield - 1.313% 100.000/1.201% Federally Taxable I Make Whole Call I General Obligation I Education I Semi -Annual Pay 3130APC45 500 xxxxxx9707 Aaa/AA+ FEDERAL HOME LOAN BANKS 1.180% 94.180 Next Call 06/26/2022 93.830 % 93.830 % 93.830% 10/26/2021 Agy 3.60% Held 10262026 4.24 Maturity 10/26/2026 2.588 % (w) 2.588 % 2.588 % 100.000 / 1.180% Cuff Yield - 1.253% Moody's Outlook Stable I S&P Outlook Stable I FHLB I Semi -Annual Pay 71884AH36 175 xxxxxx9707 Aa2/AAA PHOENIX ARIZ CIVIC IMPT CORP 1.257% 90.992 Maturity 07/01/2027 3.193% (w) 3.193% 3.193% 04/01/2022 Muni 1.26% Held (A82/-) EXCISE TAX REV 07/012027 4.82 Cuff Yield - 1.381% 92.05012.900% Material Events I Federally Taxable I S&P Outlook Stable I Make Whole Call I Revenue I Government I Semi -Annual Pay Includes all tax lot holdings with recognized CUSIP. For preferred securities, # of shams is displayed instead of current face value, which is represented in thousands (000). The (w) in the Yield column indicates which yield value is the Yield to Worst (YTM9. Duration figure represents modified duration to worst. ATY(TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.0091, a State of WA, and a State Tax rate of WA. Page 10 of 23 $292,833 $278,062 ($14,781) 97.611 $857 (5.0%) $502,475 $459,820 ($42,655) 100.495 $556 (8.5•16) $134,150 $124,968 ($9,181) 99.370 $659 (6.8%) $245,000 $224,082 ($20,918) 100.000 $842 (8.5•16) $140,000 $128,020 ($11,980) 100.000 $570 (8.6%) $500,000 $470,900 ($29,100) 100.000 $590 (5.8%) $161,088 $159,236 ($1,851) 92.050 $929 (1.1%) r ppENHEIMEK Coupon Cash Flow - Year 1 CITY OF HUTCHINSON report as of 0610112022 XXXXXX9707 Coupon Cash Flow by Asset Class 'Type Time Period: 0610112022 - 0513112023 Jun'22 Jul'22 Aug'22 Sep'22 Oct'22 Nov'22 Dec'22 Jan'23 Feb'23 Mar'23 Apr23 May'23 Jw123 Total %Tot Agency $2,950 $2,950 $5,900 2.4 Agency Pass-Thru - - - - Asset -Backed - - - - - CD $12,057 $12,583 $11,257 $6,311 $6,157 $13,721 $10,812 $11,745 $7,462 $5,092 $4,864 $9,071 $111,131 44.3% CMO - - - - - - - - - - - - - - Corporate - - - - - - - - - - Muni: Fed Tax - $15,666 $30,701 $3,272 $9,625 - $15,060 $30,701 $3,272 $9,625 $117,922 47.0% Muni: Tax -Exempt $688 - - $7,275 - $688 - - $7,275 - $15,925 6.3% Muni: Subj AMT - - - - - - Pfd: Fed Tax Pfd: Tax -Exempt Pfd: Cap Gains Treasury Total $12,744 $28,249 $41,957 $16,858 $9,107 $23,346 $11,499 $26,805 $38,163 $15,639 $7,814 $18,696 $250,878100.0% Fed Tax -Exempt $688 - - $7,275 - - $688 - - $7,275 - - $15,925 6.3% Fed Taxable 1 $12,057 $28,249 $41,957 $9,583 $9,107 $23,346 $10,812 $26,805 $38,163 $8,364 $7,814 $18,696 $234,953 93.7% Subj to Cap Gains Subj to AMT Fed Tax -Exempt 0 Fed Taxable 0 Subj to cap Gains 0 Subj to AMT $42,000 $35,000 $28,000 $21,000 $14,000 $7,00 $i o Jun'22 Aug'22 Sep'22 Ocr22 Nov'22 Dec'22 Jari Feb'23 Mar23 Apr23 May'23 Jun'23 Includes all tax holdings with recognized CUSIP, quantity, market price and full analytical calculations on reporting date. Includes coupon cash Mows for the next 12 months, from 06/01/2022 to 0&3112023. Totals are the sum of rounded displayed values. The cash flows displayed are only estimates. Your actual interest and principal payments may be higher or lower than these estimates. Projected Principal Paydowns for CMOs are produced by applying current pool speeds which are updated weekly. Assuming similar market conditions going forward, Projected Principal Paydowns for Pass-Thru securities are produced by calculating and applying concurrent historical speeds to future paydown schedules. Page 11 of 23 PPENHEIMEK Maturity & Duration - All CITY OF HUTCHINSON report as of 0610112022 XXXXXX9707 60% 20% m e e o � m 0% I Ory'l.O.tn)O.tpOryy O.t(�Ory1 Ory0OryoiO,�oO,'yO,'1.O,�n�O.�DO,�yO,�(�0,,10,,0O,,oiObo ObyOp'1.Obn�ObbObaJOpbObA b0Op0Oy0Oy'1 Qe 40% m e e 20% e v 0 v 0% ' o~ oti o� bb oh of° 01 b0 gi ,ti0 ,ti'1 ,ti'L ,ti'� ,tib ,tih ,tib ,tit ,ti0 1b .10 .1'1 .t'L .1'� ryb .1h 'Lf° .11 ,y0 .10 .�O px 00 oti oti o� oor by rid off' oe oa' do titi titi tip' tia tih' tiFi tip' tie tiA tic' .yti titi ti� ,yo tih' .yd tip' ,ye .ya' '� Displays represent % ufmarket principal for all tax lot holdings with a recognized CUSIP, quantity, current market price and full analytical tabulations Average Ilfe used for principal paydowns, and perpetual securities are assigned a 40 year maturity. Duration figure represents modified duration to worst. Year Curr Face % Mkt Principal % Range Curr Face % Mkt Principal % 2022 $1,335,000 9.61% $1,335,823 9.86% 00-01 $2,070,000 14.90% $2,075,982 15.32% 2023 $2,455,000 17.67% $2,462,664 18.17% 01-02 $3,765,000 27.10% $3,751,508 27.68% 2024 $5,535,000 39.83% $5,430,996 40.07% 02-03 $5,265,000 37.89% $5,119,680 37.77% 2025 $2,265,000 16.30% $2,182,774 16.11% 03-04 $2,120,000 15.26% $1,975,895 14.58% 2026 $2,130,000 15.33% $1,981,709 14.62% 04-05 $675,000 4.86% $630,136 4.65% 2027 $175,000 1.26% $159,236 1.17% 05-06 2028 06-07 2029 07-08 2030 08-09 2031 09-10 2032 10-11 2033 11-12 2034 12-13 2035 13-14 2036 14-15 2037 15-16 2038 16-17 2039 17-18 2040 18-19 2041 I 19-4 2042 I 20-21 2043 I 21-22 20" 22-23 2045 I 23-24 2046 24-25 2047 I 25-26 2048 26-27 2049 27-28 2050 28-29 2051 29-30 2052+ 30+ Perpetual Page 12 of 23 EDA Board Meeting Hutchinson Enterprise Center 11:30 AM Wednesday, June 1st, 2022 MEETING MINUTES Members present in bold. EDA Board Members Mike McGraw Jonny Block Mike Cannon Corey Stearns Chad Czmowski Mary Christensen Jeremy Carter Staff Miles Seppelt, EDA Director Matt Jaunich, City Administrator Andy Reid, Finance Director Maddie Newcomb, EDA Program Manager Guests Kirk Quade Dan Morris I. Call to Order Meeting called to order at 11:34 AM. II. Review Agenda III. Review Minutes Economic Development Authority Financial Summary as of April 2022 Operations Cash Available $94,644 Reserved $56, 736 Unreserved $33,215 Economic Development Loan Fund Cash Available $157,193 Zephyr Wind Services $70,851 Laser Dynamics Balance (forgivable) $23,000 Innovative Foam Balance (forgivable) $14,355 Advances to other funds (Enterprise $246,052 Center) Downtown Revolving Loan Fund Cash Available $440,414 Loans Receivable $306,005 Capital Assets $201,329 Total Assets $1,084,661 MIF Loan Fund Cash Available $7,316 MOXY Loan Receivable $10,004 Enterprise Center Fund Cash Available $45,859 SHOPKO TIF District (TIF 4-5) Cash Available $289,537 Interfund Loans Receivable $397,785 MEDICAL CLINIC TIF District (TIF 4-16) Interfund Loan Payable $260,412 a. April 201t' Finance Team meeting M/S/P: Stearns, Cannon to approve the minutes as written. Passed unanimously. b. April 27th EDA Board Meeting M/S/P: Block, Christensen to approve the minutes as written. Passed unanimously IV. Review of EDA Financial Statements Staff provided an update on the EDA financials. (Please refer to table) M/S/P: Czmowski, Stearns to approve the financial report as presented. Passed unanimously. V. Director's Report A. Marketing Plan: FB = 750, T = 98, Facebook updates = 6, Twitter updates = 8, Website updates = 2 B. Business Retention & Expansion — one BR&E visit in April with Goebel Fixture Company, they are diversifying projects and doing well. They would hire 10 people right now if they could. C. River House — new tentative opening is the end of July. D. Central Hydraulics — project is on hold due to high construction costs. Kirk Quade remarked they just renewed a 1-year lease with him. E. Hutch Uptown Commons (requested grant adjustment of $157,500) — staff submitted the request to add the inflation adjustment amount to the FEMA grant and will alert the board with any replies or decisions from FEMA. Staff met with property owners and the relocation consultant to discuss the full compensation package they'll receive. The consultant will meet individually with the property owners this week. VI. Kirk Quade Project Consider sale of lot for a 30,000-sf building project • Kirk Quade currently rents to a seed genetics company in need of more space. The existing lot this building is on is not an option. • The company has 15 FT employees and about 15 seasonal/part-time employees, they are projecting another 10-15 jobs over the next two years, a mix of part-time and full-time. • Quade would like to do a 30,000 sf post -frame building for warehouse/office space. • Kirk Quade spoke about his project and noted that there is no visual difference between a post -frame or steel -frame structure. He also said that this project is moving forward once a lot has been approved and contractors are lined up. He noted that 1150 Benjamin Ave is his number one choice but would consider other lots as long as they could have southern exposure. • Dan Morris, Kirk Quade's builder for this project, remarked that this building would meet all state codes and even exceed some, he mentioned insulation as an example. No colors have been picked for the fagade. The building would have 16' sidewalls, 14' overhead doors and 72' trusses. • Discussion on building costs, layout and design. • Kirk Quade and Dan Morris left the meeting at 12:18pm. • Discussion on the mission of the industrial park and past projects. • Mike Cannon left the meeting at 12:30pm prior to the vote. • Discussion on project considerations and public assistance. M/S/P: Stearns, Block to offer lot 1020 51h Ave SE for $1 per sq. ft. to Kirk Quade for a total of $248,531 (no public assistance). Passed unanimously. VII. FireLake Manufacturing Loan $35,000 • Consider leasehold improvement loan from Economic Development Loan Fund • Hutchinson EDA, SWIF & MMDC would each do $35k • SWIF & MMDC must be in shared first position on the loan as they are using Federal dollars, we'd have to be 2nd lain position. • Propose 7-year term at 5% • Leasehold Improvement include utilities, offices/bathrooms, and electrical work • Collateral would include: UCC on all inventory/fixtures, personal guarantee from Kent Wischmann, and a life insurance assignment. • It was noted that a subordinate collateral position was fairly standard for the EDA. • Loan Committee met to review financials. Company financial rations are healthy, credit check on company principal was good. M/S/P: Block, Stearns to approve the loan for FireLake Manufacturing in the amount of $35,000 for a 7-year term at 5% interest. Passed unanimously. Vill. Hay Land Rental Scott Lang had the highest bid at $75 / acre for a total of $1,735.84 for 22.84 acres M/S/P: Czmowski, Christensen to award Scott Lang rental of the EDA Hay Land for 2022 at $76 per acre. Passed unanimously. IX. Grant & Loan Program Applications — none. X. Other Business — none. XI. Set Next Meeting — 11:30 AM Wednesday, June 22"d, 2022 XII. Adjourn — M/S/P: With no further business to attend to, the meeting adjourned at 12:52pm. Respectfully Submitted, Madison Newcomb EDA Program Manager EDA Board Special Meeting Hutchinson Enterprise Center 11:30 AM Friday, June 1Oth, 2022 MEETING MINUTES Members present in bold. EDA Board Members Mike McGraw Jonny Block Mike Cannon Corey Stearns Chad Czmowski Mary Christensen Jeremy Carter Staff Miles Seppelt, EDA Director Matt Jaunich, City Administrator Andy Reid, Finance Director Maddie Newcomb, EDA Program Manager I. Call to Order Meeting called to order at 11:36 AM. II. Review Agenda III. Consider provision and structure of public assistance for Kirk Quade project ■ Staff gave an overview of building project — 344' X 72' plus 3,726 sq. ft of offices, roughly $3 million - post frame construction project. 10-year lease with renter at roughly $8 per sq. ft., triple net ■ Initial offer was 1020 51h Ave SE for $1 per sq. ft for a total of $248,531 — no public assistance. ■ Discussion on available lots EDA has to offer. ■ Discussion on if this project merits public assistance and potential risks for the City/EDA. ■ Discussion on 3 options for this project: 1. Stay with original offer. 2. TIF with $1 lot, City gets reimbursed over 8 years plus interest. 3. TIF with up front cost for the lot ($248k), Quade gets reimbursed over 8 years plus interest. ■ Discussion on the flexibility the EDA Board has with potential projects. M/S/P: Czmowski, Block to offer Kirk Quade the lot, 1020 5th Ave SE, with an Economic Development TIF district and an upfront cost of $248,531 and $15,000 TIF application fee to be reimbursed to him over 8 years plus interest, up to the limit of available tax increment. Passed unanimously. IV. Other Business Discussion of open seat on the EDA Board. Will explore options and considerations and bring back next month. V. Adjourn — M/S/P: With no further business to attend to, the meeting adjourned at 12:35pm. Respectfully Submitted, Madison Newcomb EDA Program Manager