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09-24-2001 CHCMCharter Commission Meeting September 24, 2001 Members present: Chair Chuck Carlson, Roger Petersen, Phil Graves, Don Glas, Virgil Voigt, Jean Peterson, Mike Cannon, Carl Bretzke, and Steve Auger Members absent: Linda Remucal, Ron McGraw and Walt Clay Others present: Attorney Dick Schieffer, Recorder Melissa Starke, and Ken Merrill, Finance Director With the exception in Section 12.0, page 2, "in place of changed from "replacing ", the minutes were approved as presented. Dick Schieffer, City Attorney, disbursed a portion of Revision 3 of the City Charter with the most current changes. Mr. Schieffer reviewed the changes made to Section 7.07 and Chapter 2. In section 2.02, the title was changed from "Departments" to "Boards and Commissions ". This section really only deals with boards and commissions and not departments. Departments are covered in Section 7.07. It was questioned by Phil Graves as to whether Hutchinson Area Health Care and Hutchinson Utilities are classified as departments. Mr. Schieffer stated that he will further research this issue. Ken Merrill expressed that the added information covers the actions of the city very well. However, he feels that the first sentence, in particular the phrase "sufficient unexpended balance ", could be misleading After further discussion, he feels that all wording is fine. Section 11.05 was reviewed. The Utilities Sub - Committee felt this wording was very appropriate. Mr. Merrill noted some concern with the wording of "surplus funds ". He feels that very rarely does an entity feel that they have "surplus funds ". Mr. Schieffer stated that state statute defines extra income as surplus. The last sentence will be re- worked as follows: the word "to" will be removed from the second line from bottom and a comma will be added after the word "shall" and after the word "systems ". Section 11.08 In the fourth line, "Hutchins" will be changed to "Hutchinson'. The last line will be changed to read "No member of the cormnission shall continue in office after the loss of any qualification required for appointment to that position'. Chair Carlson requested that Chapter 12 be designated to cover Hutchinson Area Health Care and the Miscellaneous Provisions chapter be changed to Chapter 13. Chapter 13 (Hutchinson Area Health Care) Phil Graves reviewed the draft of this new chapter. Mr. Graves explained that he, Gary Plotz, City Administrator and Marc Sebora, City Attorney had met prior to the Sub-committee meeting and they had drafted this chapter. Mr. Graves recommended providing the HAHC Board of Directors the draft of this chapter. He suggested this chapter be presented by the sub- cormnittee to the officers of the board. Mr. Graves noted that a section had been added concerning the financial obligations. Dr. Bretzke suggested that the last sentence in Section 11.02 also be added to section 13.04. There was general discussion in regard to paid cormnissioners. Mr. Graves suggested adding this issue to the discussion that the sub- committee has with the three board members of HAHC. Chapter 12 (Miscellaneous Provisions) Section 12.03 Ken Merrill explained that the City Administrator and City Finance Director are covered under broader bonds by the City. Elected officials are covered under errors and omissions. Mr. Merrill explained that the City has a bond that covers all employees. There was an explanation given as to how HAHC is operated and managed. Section 12.0 There was question as to the reason the Council is requesting this process be changed from ordinance to resolution. Mr. Schieffer explained the process used in regard to the vacation of streets. He noted that the same process and safeguards would take place whether it is accomplished by ordinance or by resolution. Roger Petersen brought up concerns in regard to when a resolution is needed and when an ordinance is needed, overall. Mr. Petersen will research the Charter and identify where the Charter Commission has decided that the process of resolution or ordinance is used. Mr. Petersen requested that the Council be asked when they will be using resolutions and ordinances. Final approval of the Charter will be delayed until the nest meeting. Section 12.05 needs to be confirmed as far as resolution versus ordinance. The question was raised as to the wording in section 12.11. This section gives the Council the choice of using ordinance, resolution or other appropriate measures to make provision to the Charter. Mr. Schieffer gave examples as to how the various processes are used. Mr. Schieffer stated that the League of MN Cities has a manual that differentiates between motions, resolutions and ordinances. Section 6.05 was further reviewed. Mr. Graves requested that additional language be added stating "subject to the provisions set forth in Chapters 11 and 12" to the second sentence in this section. This states that the City Administrator does not have the authority for purchases and contracts over HAHC and the Utilities. Chair Carlson was hoping that the Charter Commission would complete this project today. With that note, he disbursed a notice that he had drafted stating the Charter Connuission's intent after all revisions have been made. The only change that needs to be made to Carlson's letter is to note that additions will be shaded in the draft and not italicized. The nest meeting was scheduled for October 15, 2001 at 4:00 mm. at the Citv Center. Motion by R Petersen, second by Cannon to adjourn. The meeting was adjourned at 5:20 p.m.