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12-03-2001 CHCMCharter Commission Minutes Monday, December 3, 2001 Members Present: Chair Chuck Carlson, Jean Peterson, Don Glas, Roger Petersen, Linda Remucal, Walt Clay, Mike Cannon, Steve Auger, Ron McGraw, Carl Bretzke Others Present: City Attorney, Dick Schieffer, City Adminstrator, Gary Plotz and Randy_ DeVries, Director Water/Wastewater/Resource Recovery Members Absent: Phil Graves and Virgil Voigt Chair Carlson called the meeting to order at 4:00 p.m. Motion by Walt Clay, second by Steve Auger to approve meeting minutes from October 29, 2001. Motion carried unanimously. Attorney Schieffer presented a new chapter of the City Charter. Mr. Schieffer explained that Gary Plotz, City Administrator, had revised the draft Charter that Mr. Schieffer had previously mailed out. Mr. Schieffer explained the changes in the new chapter, Chapter 13, entitled, "Public Ownership of Waste Management Facilities and Related Programs and Services ". Gary Plotz, City Administrator, explained that he, Dick Schieffer and Randy DeVries, Director Water/Wastewater/Resource Recovery, have been working on the draft of Chapter 13. He explained that Randy DeVries manages the Waste Management Facilities. Mr. Plotz explained that the compost site is the only facility of its kinds in Minnesota. Therefore, there is no current legislation that allows cities to manage soil facilities, however there is legislature that allows cities to manage waste facilities. Mr. Plotz explained further that the compost facility has bagging capabilities and has entered into an agreement with a local manufacturer to bag corn. The wording in this Chapter is rather lengthy, but is due to the fact that the compost facility has other capabilities in addition to soil and waste management. Dick Schieffer explained that state statute does not cover much in regard to the activities that the compost facility takes part in. Therefore, he, Mr. Plotz and Mr. DeVries agreed to put language in the Charter so as to cover activities other than waste collection. This chapter covers non - compost and non - garbage bagging. Walt Clay questioned whether or not the first section limits bagging activities to Minnesota exclusively. Mr. Schieffer explained that this does not limit where the source of the products originate. Mr. Ploz explains that this chapter allows the City Council the ability to approve bagging ancillary items. The majority of the bagging will be soil, however there may be some variations (i.e. corn). There are additional plans to expand the area of garbage collection and bring in other municipalities to use the compost facility for garbage waste and collection. Mr. Plotz also explained that city staff is working on marketing the bagging products and will be in a trade show in the near future. Chair Carlson noted that the Miscellaneous Chapter will be numbered Chapter 14 and this Chapter is now labeled Chapter 13. Motion by Remucal, second by R Petersen to approve Chapter 13, "Public Ownership and Operation of Waste Management Facilities and Related Programs and Services ", with the exception of a few grammatical changes Chair Carlson stated that Phil Graves had reported to him that the Hutchinson Area Health Care Board had agreed to five -year terns, therefore, there will be no changes to Chapter 12. Chair Carlson stated that he had sent a letter to the City Council requesting that Dick Schieffer be retained as City Attorney if the City should hire a new attorney in 2002. Mr. Plotz stated that the council is in agreement with retaining Mr. Schieffer for the City Charter project. He also explained that the City has opened up for advertising a request for proposals for the City Attorney position from the private sector. Chair Carlson presented the Charter Commission's annual report. The Commission members reviewed it for any revisions. No changes were noted. A public hearing was scheduled for January 31, 2002, at 7:00 p.m. at the City Center for the public to review the new draft of the City Charter. Copies of the red -lined or corrected Charter will be available at the City Center and advertising of the availability of the red -lined Charter will be in the Hutchinson Leader and on the local radio station. After the public hearing, the corrected Charter will be presented to the City Council for approval. Chair Carlson approached the Charter Connuission with the issue of city employees not being able to hold city offices, as expressed by two candidates in the 2001 Special Election. The topic of city officials holding residence in Hutchinson was also addressed. Dick Schieffer noted that statutory cities require city officials to reside within city limits. Section 2.07 was reviewed. Mr. Schieffer explained that typically the reason for this limitation is due to the fact that a city employee could be voting on that employee's compensation or other related issues. Walt Clay requested that Dick Schieffer research and be prepared for this topic, as it may be addressed by local residents at the public hearing. Gary Plotz detailed some of the background behind the issue of city employees not being able to hold city office. He further explained the disciplinary process for city employees. An example he gave of this situation would be if he indirectly supervised a city employee and decided to dismiss that employee. The City of Hutchinson has an appeal process and if that employee would decide to appeal Mr. Plotz's decision, and also hold office on the City Council, that employee is ultimately deciding whether or not he /she could/should still be employed and overturn Mr. Plotz's decision. Mr. Plotz also stated that there is an ordinance restricting city officials from becoming city employees within two years of leaving public office. It was noted that in the City Charter it states that officials may not become employees within one year. The Charter would overrule an ordinance. Motion by Glas, second by Clay to approve the annual report of the Charter Commission to submit to the district judge. Motion carried unanimously. Motion by Bretzke, second by J Peterson to set public hearing for January 31, 2002 at 7:00 p.m. Motion carried unanimously. Motion by Auger, second by Remucal to adjourn. Motion carried unanimously. Meeting adjourned at 4:50 p.m.