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09-10-2001 CHCMHutchinson Charter Commission Meeting Minutes Monday, September 10, 2001 Members present: Chair Chuck Carlson, Roger Petersen, Carl Bretzke, Don Glas, Steve Auger, Jean Peterson, Mike Cannon, Walt Clay and Linda Remucal Members absent: Virgil Voigt, Ron McGraw, and Phil Graves Others present: Dick Schieffer, City Attorney, Ken Merrill, Finance Director, and Melissa Starke, Recorder Chair Carlson called the meeting to order at 4:00 p.m. Motion by Bretzke, second by Glas to approve the minutes from August 27, 2001 meeting with the exception of grammatical changes. Page 12 of the second draft was reviewed. Ken Merrill explained that he had sent these questions /sections into the City's advisor. It was recommended that Section 7.09 is worded sufficiently and should be left in the Charter. State law currently has sufficient language in regard to Section 7.11 and should be left as is in the Charter as well. These sections cover all the needs of the city. It was noted that "short-tern borrowing" and "current expenses" are two different terns. Section 7.07 will need further review once the additional language is included regarding the transfer of funds between departments. Section 11.0 (Transfer of Funds) was reviewed. Steve Auger noted that the Utilities Sub-committee had decided that no dollar amount should be stated in the Charter as to money transferred from the Utilities to the City. Mr. Auger reviewed the statute that the sub- connuittee had decided to substitute in this section. Mr. Schieffer noted that at the Utilities Commission meeting he had attended, the Commissioners felt that it would be difficult to formulate a dollar figure to transfer to the City. Mr. Schieffer also noted that the Charter was somewhat weaker than the language in the statute, whereas the Charter currently states that the Utilities Commission should transfer funds, however it does not state that they are not required to. Mr. Cannon asked Mr. Merrill if there has been discussion in the past between the Utilities Commission and the City Council as to the dollar amount that should be transferred. Mr. Merrill stated that there has but it has been somewhat difficult to agree on the amount that should be transferred and to define what a surplus is. It was noted that for budget purposes, it would be beneficial to have a date stated in the Charter as to the deadline that the Utilities Commission would have to notify the city of the amount that will be transferred to them. It was reiterated that the sub- connuittee is recommending to replace the first paragraph in Section 11.05 with State Statute and leave the second paragraph as is. Chair Carlson noted that the Council's request was to delete the words "net earnings" from the first sentence in the second paragraph. Mr. Clay recommended deleting the word "net" and just leave it as "earnings ". The Commission agreed to remove the word "net" from this sentence. Also, the deadline of September 1 will be coordinated into the statute in the first paragraph. Mr. Merrill noted that the City Council had requested that they have final authority on the transfer of funds from the Utilities. He questioned whether or not there should be language added in this section to the effect that an agreement will be entered into between the Utilities Commission and the City Council to transfer funds. There was discussion in regard to this issue as to whether or not this type of language should be added. Mr. Schieffer recommended simplifying the language in the statute and adding language indicating that it is mandatory for the Utilities Commission and the City Council to come to an agreement on the amount that shall be transferred. Mr. Schieffer will draft a new paragraph to reflect these changes for Section 11.0. Mr. Cannon noted that the City Council had requested that it be defined what the transferred funds would be used for. The Charter Commission decided that this should be the responsibility of the City Council. It was also noted that the City Council had requested an estimate from the Utilities Commission on the amount that would be transferred prior to September 1 as stated in the Charter. Mr. Merrill stated that receiving an estimate by September 1 is sufficient. There was discussion as to moving the Utilities Connuission deadline up to August 1. It was decided to leave the date at September 1 and strongly urge the Utilities Commission to meet that deadline. Chapter 12 Section 12.02 There was discussion as to who are elected and appointed officers. Mr. Schieffer explained that all Commissioners take the oath of office, therefore they are appointed officers. Mr. Schieffer will create language for this section that will include boards and commissions. Section 12.03 Mr. Merrill will verify that all officers and the mayor are covered under the bonds. Chair Carlson requested that Mr. Merrill verify with the League of MN Cities as to which employees need to be bonded. Section 12.0 The Council requested that the language in this section be changed to "resolution' in replace of "ordinance ". Mr. Clay recommended that the Charter Commission ask for clarification from the City Council as to the importance of this change. Chair Carlson requested Mr. Merrill research this information. The nest meeting is scheduled for September 24, 2001 at 4:00 mm. at the Citv Center. Chair Carlson noted that the proceedings for future steps will be that once the Charter Commission has made all of their proposed changes, the Charter will be open to the public for review. Once those changes have been incorporated, the Charter will then be presented to the Council. The entire Charter will be publicized as well. Motion by Glas, second by Auger, to adjourn. Motion carried unanimously Meeting adjourned at 5:25 p.m.