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03-25-2002 CHCMCharter Commission Meeting Monday, March 25, 2002 Members Present: Chair Chuck Carlson, Jean Peterson, Phil Graves, Don Glas, Roger Petersen, Mike Cannon and Ron McGraw Members Absent: Walt Clay, Carl Bretzke, Linda Remucal, Virgil Voigt and Steve Auger Others Present: Dick Schieffer, Legal Counsel and Melissa Starke, Recorder Chair Carlson called the meeting to order at 4:10 p.m. The minutes from February meeting need to be changed to reflect a second by Cannon to the motion made by Walt Clay. Motion by Cannon, second by R Petersen to approve the minutes from February. Dick Schieffer, Legal Counsel, reported on the recommendations made by Duke Addicks, Legal Counsel for the League of MN Cities. Recommended changes were made as follows: Section 2.08 Mr. Schieffer noted that the language recommended would be okay to include in this section, but is not necessarily important. Motion by McGraw, second by J Peterson to approve the additional language, "as such statute may be amended from time to time" to Section 2.08. Motion carried unanimously. Section 3.04 Additional language was recommended by Duke Addicks that is included in the Open Meeting Law. This language requires that a roll call vote be taken for each appropriation of money, except for judgments, claims and amounts fixed by statute. Mr. Schieffer noted that the term "appropriation" can be open to interpretation. For example, appropriation may mean to one individual approving the entire budget at the beginning of each year. Appropriation may mean to another, each time expenditures are made, rather than those listed as exceptions. Mr. Schieffer recommended including this language in this section. Motion by McGraw, second by R Petersen, to approve the recommendation of the additional language to section 3.04. Motion carried unanimously. Section 4.03 The word "registered" was added before "voter ". Motion by Glas, second by Graves, to approve the additional wording. Motion carried unanimously. Steve Auger joined the meeting. Sections 5.03, 5.05, 5.06, 5.07, 5.08 and 5.09 Section 5.03 — The words sufficient and regular are defined. The word "regular" was added to sections 5.06, 5.07 and 5.09. In section 5.08, the three statements of grounds were added. Ron McGraw suggested the word "serious" be injected before the word "malfeasance" in section 5.08. Motion by Graves, second by Cannon to adopt the changes as presented in section 5.03 — 5.09. Motion carried unanimously. Section 6.01 Wording is included to refer to Minnesota Statute 415.16, Subd. 2. regarding the City Administrator residing outside city limits. Motion by J Peterson, second by Auger to approve the changes as presented. Motion carried unanimously. Phil Graves commented on Section 12.08. Mr. Graves noted that HAHC is contemplating selling Burns Manor Nursing Home. Mr. Graves has concerns that if the sale of the hospital has to approved by a vote of the people, he does not feel that the public could be convinced to sell, due to the complexity of the issues at hand. Mr. Graves recommended that the sale of the hospital be left as initially drafted and be the decision of the Council. Mr. Graves explained that the HAHC board would not necessarily be comprised totally of citizens of Hutchinson if the hospital became a private entity. Mr. Graves explained that the benefit of the hospital going from public to private is that the physicians would be able to join the hospital organization. The reason for the sale of the hospital being approved by public vote included in the Charter is to have it worded parallel to the Utilities Commission. Current ordinance states that the sale of the hospital requires the approval of the City Council, and not a public vote. Phil Graves suggested that the words "and by a majority vote..." and the last sentence be removed from section 12.08. The section would end after the words "City Council ". It was discussed that Section 12.03 grants the powers and duties of the HAHC board and the subject of the sale of HAHC would default to this section. Discussion was held as to how this would effect the language regarding the sale of the Utilities Commission. Mr. Schieffer noted that the language used for the Utilities mirrors state statute. Motion by McGraw, second by J Peterson, to delete the language after City Council in Section 12.08. Motion carried unanimously. Motion by R Petersen, second by Auger to adjourn. Motion carried unanimously.