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07-16-2001 CHCMHutchinson Charter Commission Meeting Minutes Tuesday, July 16, 2001 Members Present: Chuck Carlson - Chair, Linda Remucal, Don Glas, Steve Auger, Walt Clay, Mike Cannon, Ron McGraw, Virgil Voigt, Carl Bretzke, and Roger Peterson Members Absent: Jean Peterson and Phil Graves Others Present: Gary Plotz, City Administrator; Dick Schieffer, City Attorney; Brenda Ewing, observer; and Melissa Starke, Recorder Chair Carlson called the meeting to order at 4:00 p.m. Motion by Clay, second by Glas to approve the minutes as presented. Motion passed unanimously. Virgil Voigt reported that due to travel and prior commitments, the sub - committee appointed to review the Utilities issues did not have an opportunity to meet. Voigt questioned why this sub - committee differs from the sub - committee consisting of Phil Graves, Gary Plotz and legal counsel in regards to open meeting requirements. Carlson's interpretation is that if a meeting is put on the City Calendar it does not violate the Open Meeting Law. Mr. Plotz noted that the sub - committee he is serving on does not consist of charter commission members. Attorney Dick Schieffer was not yet present, so the subject will be brought up again later in the meeting when legal counsel is available. Clay and Voigt questioned as to when in August the Charter review process needs to be completed. Chair Carlson was unsure as to the reasoning for the deadline in August. Plotz stated the reasoning may be due to the election filing deadlines. Plotz suggested the Mayor be contacted for clarification and if there are various sections or issues (gender, etc.) that are preferred to be addressed by August. Clay noted it may be preferable to present a full and complete draft to the citizens for a vote. McGraw stated that the Commission should take the time needed to completely review the Charter and not make hasty decisions due to an arbitrary deadline. Plotz informed the Commission that he has been doing some research on other cities and their policies regarding utilities commissions. This issue, alone, may need more time for the Commission to complete their revisions. Chair Carlson proceeded with the review of the Charter draft presented by Dick Schieffer. Chapter 1— no changes Chapter 2 Section 2.06 — Remucal pointed out that in the draft it refers to mayor pro -tem and in the original charter it refers to the mayor only. Pro -tem needs to come out of the draft, 1St paragraph, 3rd line from the bottom. Clarification was asked for in regards to the mayor taking command of the police and the fact that Mr. Torgerson did not want that responsibility. Mr. Schieffer explained that someone needs to take command and the statute states that the mayor is the chief law enforcer of a community. This verbage would be in line with the way other cities operate. Mr. Schieffer explained that this is also how the state operates. Section 2.07 — Remucal raised the question of the inconsistency of the terms council member and elective officer used throughout the Charter. The word "for" will be used instead of "under" (i.e. 5th line: office or employment for the city). Section 2.04 — The words "elected" or "appointed" need to be added in this paragraph. Dick Schieffer will create the new wording and bring it to the Commission. Section 2.09 — Remucal asked whether or not the last sentence refers to the mayor and /or councilmembers. Dick Schieffer stated the original charter implied that it does. McGraw motioned, Peterson second to approve Chapter 2. Motion carried unanimously. Chapter 3 Section 3.03 — Clay questioned the fact that the Council is able to make their own rules regarding how they will operate. Schieffer explained that this means that the Council can decide how to conduct the City Council meeting. The word "elected" will be eliminated after "elective officers" in line three. Section 3.05 — It was stated that the ordinance does not have to be read aloud at the City Council meeting. The only stipulation is that it is presented in writing. Section 3.07 — "Council member" changed to "elective officer ". Section 3.08 — "Two other members" changed to "mayor, or mayor pro -tem or one council member" to designate the proper chain of command. Cannon motion, Peterson second to approve Chapter 3. Motion carried unanimously. Chapter 4 Section 4.01 — "approximate" changed to "appropriate ". Section 4.03 — "no earlier than 60 days or later than 45 days" (second sentence). Motion by Peterson, second by McGraw to approve Chapter 4. Motion carried unanimously. Chapter 5 Section 5.02 — "addresses" should be singular. Steve Cook requested in writing that the Charter Commission change the petition percentages from 20% to 10 %. Clay suggested leaving it at 20% such as was voted on by the voting citizens at the 2000 election. The consensus of the group is to leave it at 20 %. Section 5.08 — "his recall" changed to "the recall ". Auger motioned, Voigt second to approve Chapter 5. Motion carried unanimously. Chapter 6 (draft) Section 6.02 — "he" removed in the 3rd line. Subd. 3. — "Facilities" changed to "facilities ". A point of concern raised by Gary Plotz, City Administrator, is the fact that it states "the direction and supervision of all departments, office, and agencies" would fall under the City Administrator. Plotz inquired whether or not this wording would include HRA and EDA under the agency category. These are agencies that he does not direct. Cannon, Remucal and Roger Peterson were appointed to further research this information. The rest of this section will be discussed at a future meeting. Section 6.04 — Mr. Plotz explained that new employees are not brought in by ordinance, but by resolution. He also explained that the hiring or transferring of employees is brought before the Council for budgetary purposes. Mr. Schieffer will bring sample language from other Charters as it pertains to this section. Chair Carlson asked for a sub - committee to work on an additional chapter in relation to Hutchinson Area Health Care. Glas, Bretzke, and Jean Peterson were appointed to this sub- committee. The next meeting was scheduled for 4:00 p.m. on July 30, 2001 at City Center. Voigt raised the question again to the fact that the sub - committee created to review HAHC in relation to the Charter did not have to meet Open Meeting Law requirements. The sub- committee created to view the Utilities Commission was open to the public. Mr. Schieffer explained that the HAHC group was serving more administrative tasks between the City Administrator and the Hospital Administrator as to how things are done between the two. The difference with the Utilities sub - committee is that this group consists of all Charter Commission members, and, whereas the Charter Commission is open to the public, this sub - committee would be open to the public as well. Motion by Clay, second by Auger to adjourn. The meeting adjourned at 5:33p.m.