09-18-2000 CCMMINUTES
SPECIAL MEETING — HUTCHINSON CITY COUNCIL
MONDAY, SEPTEMBER 18, 2000
Mayor Torgerson called the meeting to order at 7:00 a.m. with the following members present:
Mayor Marlin Torgerson, Council Members Jim Haugen, John Mlinar, Kay Peterson and Duane
Hoversten. Also present: Finance Director Kenneth B. Merrill and City Attorneys Marc A.
Sebora and Richard Schieffer. Guests: Steve Cook, Mike Ribich and Attorney William Moeller
of New Ulm.
CONSIDERATION OF WORDING OF CHARTER AMENDMENT BALLOT
QUESTIONS (TABLED SEPTEMBER 11, 2000)
Question No. 2 ( Qption 2)
There was discussion regarding filling a vacancy on the City Council. It was determined
that the City Council would not need to hold a special election if an election would be
held by a certain period of time from the vacancy. It was decided to change the phrase
"vacant seat" in the third line to read "temporary appointment, if any has been made to
the City Council,...."
Cook wanted the additional verbiage of "at or before the next regular City election..."
inserted in the last line of option 2 after the words "special election." Schieffer thought
the addition was going beyond the need for details and the essence of the question.
It was the consensus of the City Council to accept the additional verbiage.
Peterson expressed a concern about the time in between the appointment of a City
Council person and the next election.
Schieffer reported that the City Charter already addressed the appointment by City
Council to fill a vacancy. They would be changing the option of having a special election
in certain circumstances.
The Mayor thought it was important that the City Charter allowed for an appointment by
the City Council.
Attorney William Moeller stated he interpreted the statement to not allow the City
Council to make an appointment without a special election. He thought it would be an
arguable position since it would preclude any other way to fill the vacancy. The City
would not want an arguable position in the wording.
A
Question No. 3 (Option 2)
The request was made by Cook to add the word "presently" to the third line of the
question within the parenthesis so that it would read: (when local school elections are
presently held).
Motion by Peterson, second by Mlinar to approve the addition of the word "presently" to
Question #3. Motion unanimously carried.
Question No. 4 (Qption 2)
Cook stated the question regarding special elections is: "Do you have a special election
pertaining to questions not conducted during the November general election ?"
Schieffer responded that the State law defines that even if an election was held during the
general election, it would be considered a special election if there were a ballot. He
stated that if everything were added into the question, it would be so complicated and
detailed that the public would not be able to comprehend the question and become
confused. The City Attorney stated a ballot question is one that does not involve the
election of a person to public office.
Cook commented that if a special election were held during the November general
election, it would not have to be a mail ballot election.
Motion by Hoversten, second by Peterson to use option 2 and the added amendment in
the last line after the word elections, to read: "not conducted during the November
general election...." Motion unanimously carried.
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Cook requested the word "permits" in the first line of the text be changed to "requires."
Schieffer thought either word would be appropriate since it did not change the question.
It was the consensus of the Council Members to change the word to "requires."
2. CONSIDERATION OF SETTING AN ELECTION DATE TO CONSIDER PROPOSED
AMENDMENTS TO THE HUTCHINSON CITY CHARTER (TABLED SEPTEMBER
11, 2000)
Following discussion, Mlinar moved to set November 7, 2000 as the election date to
consider the proposed City Charter amendments and to adopt Resolution No. 11572.
The motion was seconded by Hoversten and carried unanimously.
The meeting adjourned at 8:05 a.m.