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01-11-2022 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JANUARY 11, 2022 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information fog° agenda iten2s in advance by city staff, committees and boards. Many decisions regarding agenda iten2s are based upon this information as well as: City policy and practices, inputfiron2 constituents, and other questions or information that has not yet been presented or discussed regarding an agenda iten2.) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, Chad Czmowski, Dave Sebesta and Pat May. Others present were Matt Jaunich, City Administrator, and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich noted a couple of changes to the agenda. He noted that Item 7(f) — Regional Radio Board appointment - can be removed as the City is no longer a member of the board. In addition, he noted that it has been suggested to add Item 15.1 — discussion of virtual City Council meetings. Motion by Czmowski, second by May, to approve the agenda with the revisions noted. Motion carried unanimously. 2. INVOCATION — Hunter's Ridge Community Church (The invocation is a voluntary expression of the private citizen, to andfor the City Council, and is not intended to affiliate the City Council with, or express the City Council's preferencefor, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15407 — Resolution Accepting Cash Donations to Hutchinson Police Department for Future Equipment Purchases Motion by May, second by Christensen, to approve Resolution No. 15407. Motion carried unanimously. PUBLIC COMMENTS (This is an opportunity fog° 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. Ifyou have a question, concern or comment, please ask to be recognized by the mayor state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain fi on2 personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of December 28, 2021 Motion by Christensen, second by Sebesta, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA (The iten2s 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 iten2s are not discussed) CITY COUNCIL MINUTES January 11, 2022 7. APPROVAL OF CONSENT AGENDA (a) Resolution No. 15409 - Appointing Matthew Jaunich as City Administrator for 2022 (b) Resolution No. 15410 - Designating Official Newspaper as Hutchinson Leader (c) Resolution No. 15406 - Designating Depositories of City Funds in Commercial Banks and Institutions (d) Selection of Council's Vice President — Chad Czmowski (e) Designation of Council Representatives to Boards & Commissions: 1. AIRPORT COMMISSION — Gary Forcier 2. HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY (EDA) — Chad Czmowski and Mary Christensen 3. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY (HRA) — Gary Forcier 4. LIBRARY BOARD — Mary Christensen 5. PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD — Chad Czmowski 6. PLANNING COMMISSION — Dave Sebesta 7. PUBLIC ARTS COMMISSION — Pat May 8. BICYCLE -PEDESTRIAN ADVISORY COMMITTEE — Pay May 9. SUSTAINABILITY BOARD — Pay May (f) Designation of Council Representatives to Other Standing Boards/Committees: 1. MID-MINNESOTA COMMISSION — Dave Sebesta 2. JOINT PLANNING BOARD — Dave Sebesta 3. HUTCHINSON DOWNTOWN ASSOCIATION — Gary Forcier 4. FIRE RELIEF ASSOCIATION — Fire Chief Mike Schumann, City Administrator Matthew Jaunich, Mayor Gary Forcier 5. RESOURCE ALLOCATION COMMITTEE — Gary Forcier and Chad Czmowski 6. WAGE COMMITTEE — Pat May and Dave Sebesta .REGIONAT RADIO DIO BOARD Dave Sebest 8. LABOR UNION NEGOTIATION COMMITTEE — Gary Forcier and Mary Christensen 9. MARKETING AND BRANDING COMMITTEE — Mary Christensen and Pat May (g) Designation of Council Representatives to Other Temporary Committees: 1. NEW POLICE/PUBLIC SAFETY FACILITY CORE PLANNING GROUPS — Gary Forcier and Mary Christensen 2. LAKES/RIVER BASIN STUDY TECHNICAL ADVISORY PANEL (TAP) —Gary Forcier and Chad Czmowski (h) Consideration for Approval of 2022 City Calendar 2 CITY COUNCIL MINUTES January 11, 2022 (i) Consideration for Approval of Resolution No. 15405 — Resolution to Sell at Auction Surplus Property (Creekside Semi -Trailer) (j) Consideration for Approval of Resolution 15408 — Resolution Amending the Minnesota Municipal Gas Agency Agreement (k) Claims, Appropriations and Contract Payments Motion by Czmowski, second by May, to approve consent agenda. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. - NONE COMMUNICATIONS, REQUESTS AND PETITIONS (The purpose of this portion of the agenda is to provide the Council with information necessary to craft wise policy. Includes items like monthly or annual reports and coniniunications f on2 other entities.) 8. HUTCHINSON PARKS & TRAILS MAP — JOSIE MYERS PRESENTATION Council Member Czmowski introduced Josie Myers, a Hutchinson native who is a graduate student at Kent University. Myers has developed a map of Hutchinson parks and trails as part of a project she did for her studies. Josie Myers presented before the Council. Ms. Myers explained that she is a graduate student studying geography and cartography and created a map of Hutchinson's parks and trails. Ms. Myers explained how she created the map, which included watercolor depictions. Ms. Myers explained that she was able to share her map at a cartography expo and share a lot of information about Hutchinson and its parks and trails system. Ms. Myers noted that she is donating the map to the City. 9. LIQUOR HUTCH YEAR END REPORT Candice Woods, Liquor Store Manager, presented before the Council. Ms. Woods provided a brief update on the year 2021 at Liquor Hutch. Information presented was on sales, transfers to the general fund, sales by department, current trends, 2021 challenges, advertising tools, successful promotions, 2022 challenges/goals, and 2022 capital improvements. Ms. Woods spoke about legislative issues related to the liquor industry. Ms. Woods also spoke about 3.2% malt liquor and noted that beer producers are making many products that meet the 3.2% law. These products are in liquor stores and grocery stores/gas stations. Information has been spread throughout the community that 3.2% malt liquor is not available from vendors, which is simply not true. UNFINISHED BUSINESS 10. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 21-828 — AN ORDINANCE AMENDING SECTION 31.25 OF THE HUTCHINSON CITY CODE — LIBRARY BOARD Marc Sebora, City Attorney, noted that the revision to this ordinance allows for one member of the Library Board reside outside of city limits. Motion by Christensen, second by Czmowski, to approve second reading and adoption of Ordinance No. 21-828. Motion carried unanimously. CITY COUNCIL MINUTES January 11, 2022 NEW BUSINESS 11. APPROVE/DENY AWARDING BID FOR BURICH ARENA — EAST RINK RE -ROOF AND FACADE PROJECT Matt Jaunich noted that this project has been included in the City's capital improvement plan for several years and bids were recently opened. Mr. Jaunich introduced Pete Filippi from Contegrity Group, project manager. Mr. Filippi noted that two bids were received for general construction and three bids were received for the masonry think brick portion of the project. The general construction portion of the bid had two alternates included. The low bid on the general construction portion of the project came in from Vos Construction Inc. in the amount of $1,595,500. The two alternates included in the bid totaled $264,150 for a total bid amount of $1,859,650. The low bid on the masonry thin brick portion of the project came in from Matt Rausch Masonry in the amount of $371,201. The cost of this project is approximately $1 million higher than estimated in November 2020. However, the bids do appear to be fair and the significant increase in costs is in direct relation to the increase in material costs that have been seen over the past year. With these increased costs, and large projects scheduled for 2022, the Council has to make some tough decisions on projects to proceed with. The new police facility is currently under construction and cannot be halted. The other project recently discussed and contemplated for 2022 is the proposed splash pad. Staff is recommending that the Council proceed with the Burich Arena East Rink Re -roof and Facade project as it has been delayed three times for other projects. The need to replace the leaking roof will not go away and needs to be addressed. This project is in the system that needs to be repaired/upgraded and should be a priority over building something new. This facility is in use year- round. Therefore, staff is recommending that the splash pad project be delayed to 2023/2024. Staff is proposing to use funds from one or some of the following sources to make up the difference in the estimate to the bids received: reserve funds; capital projects fund; facility plan currently has $650,000 allocated to this project and will have another $700,000 allocated to this project in 2022; and there may be some use of COVID-ARP funds. Although there are funds available to do all three projects in 2022 (including the splash pad), it could be detrimental to the City's bond rating. Mr. Jaunich noted that if the splash pad project does not proceed in 2022, staff will continue on plans and development and looking at private funding sources. It will also allow staff to determine funds available after the sale of the old police facility, the EOC and potentially the Event Center. Council members felt that the City needs to take care of its current facilities and assets and make improvements/repairs as needed. Motion by May, second by Christensen, to approve awarding bid for Burich Arena. Motion carried unanimously. Mr. Filippi provided an update on the new police facility project. 12. APPROVE/DENY CITY OF HUTCHINSON COVID-19 VACCINATION, TESTING AND FACE COVERING POLICY Matt Jaunich presented before the Council. Mr. Jaunich provided an updated policy to the Council with recent updates provided by the CDC. Mr. Jaunich explained that on January 10, 2022, OSHA put into effect a COVID-19 Vaccination and Testing Emergency Temporary Standard to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID-19 by strongly encouraging vaccination. The ETS requires that employers develop, implement and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination. The City is not mandating vaccines for all employees so the proposed policy includes the regular testing and face covering requirements for unvaccinated employees. Face coverings are required as of January 10, 2022, and regular testing is required to begin February 9, 2022. 11 CITY COUNCIL MINUTES January 11, 2022 Motion by May, second by Forcier, to approve City of Hutchinson COVID-19 Vaccination, Testing and Face Covering policy. Council Member Sebesta noted that it is difficult for him to adopt a policy when it is something he does not need to comply with because he is an elected official and not an employee and clarified that this policy requires Council action. Council Member Czmowski suggested that perhaps the Council set a policy for themselves that mirrors what is required for employees. All Council Members had concerns with the liability and OSHA fines for non-compliance. Mr. Jaunich explained that a City policy isn't necessarily required, however the City still needs to comply with the OSHA ETS and a policy assists with expectations/requirements of the City and employees. Roll call vote was taken: Christensen — aye; Sebesta — nay; May — aye; Czmowski — aye; Forcier — aye. Motion carried 4 to 1. 13. APPROVE/DENY AMENDING CITY POLICY NO. 3.27 SICK/VACATION LEAVE DONATION Mr. Jaunich noted that this proposed policy expands the definition of immediate family to be consistent with the language in the City's sick leave use policy in the City personnel policy. Motion by Czmowski, second by Christensen, to approve amending City Policy No. 3.27. Motion carried unanimously. 14. APPROVE/DENY SETTING DATE FOR CITY ADMINISTRATOR'S ANNUAL PERFORMANCE REVIEW Motion by May, second by Christensen, to set City Administrator's annual performance review for January 25, 2022, at 4:00 p.m. Motion carried unanimously. 15. APPROVE/DENY RESCHEDULING FEBRUARY 8, 2022, CITY COUNCIL MEETING TO 4:00 P.M. Mr. Jaunich reminded the Council that the City special election is being held February 8, 2022, and no public meetings can be held between 6:00-8:00 p.m. Motion by Czmowski, second by Christensen, to set February 8, 2022, City Council meeting to 4:00 p.m. Motion carried unanimously. 15.1 DISCUSSION OF VIRTUAL CITY COUNCIL MEETINGS Council Member Czmowski asked Mr. Jaunich the process to use if the Council should desire to go back to virtual Council meetings due to the rise of COVID-19 numbers. Mr. Jaunich explained that if the entire Council wants to meet virtually, or a majority, the Council needs to take action for that. If just one or two members wish to attend virtually, they can attend remotely and it will be noted on the record. The majority of the Council noted they prefer meeting in person and can wear masks if they desire. GOVERNANCE (The purpose of this portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 16. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS a) Hutchinson Utilities Commission Minutes from November 24, 2021 b) Economic Development Authority Board Minutes from December 1, 2021 MISCELLANEOUS 17. STAFF UPDATES Matt Jaunich — City offices will be closed on Monday, January 17, 2022, in honor of Martin Luther CITY COUNCIL MINUTES January 11, 2022 King, Jr. Day. 18. COUNCIL/MAYOR UPDATE 19. CLOSED SESSION PURSUANT TO MINNESOTA STATUTE §13D.05, Subd. 3(c) TO DISCUSS SALE OF REAL PROPERTY LOCATED AT 1005 HWY 15 SOUTH Motion by May, second by Czmowski, to convene into closed session at 7:13 p.m. Motion carried unanimously. Motion by Christensen, second by May, to reconvene into open session at 7:43 p.m. Motion carried unanimously. ADJOURNMENT Motion by Czmowski, second by Sebesta, to adjourn at 7:44 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Matthew Jaunich Mayor City Administrator