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06-04-2002 CHCMCharter Commission Joint Meeting with City Council June 4, 2002 5:00 p.m. Members Present: All Council members, Chuck Carlson, Virgil Voigt, Don Glas, Steve Auger, Ron McGraw, Mike Cannon, Jean Peterson, Carl Bretzke, Roger Petersen Members Absent: Others Present: Marc Sebora, Dick Schieffer Charles Carlson, Chair of Charter Commission, presented the changes that are proposed to the current City Charter. The main changes throughout the Charter include changes to the gender specifications and grammatical changes. The City Charter was also altered to be in concert with state law. The most riveting changes are to Chapter 11, which include the transfer of funds from the Utilities to the City of Hutchinson. A new chapter was added, Chapter 12, "Public Ownership and Operation of Hutchinson Area Health Care ". The biggest issue with this chapter is that the sale of HAHC would be at the discretion of the City Council. Another chapter was added, Chapter 13, "Public Ownership and Operation of Waste Management Facilities and Related Services ", which are enterprise funds of the City. The Charter Commission voted unanimously to approve the corrected Charter. The Charter Commission also had Duke Addicks, LMC Legal Counsel, review the Charter as well. It is now at the discretion of the Council as how to proceed. The options available are (Dick's letter). Mr. Carlson also distributed a letter from Steve Cook requesting that the Charter Commission accept a petition to place two proposed charter amendments on the November ballot. Mayor Torgerson noted that the section of the corrected charter that has received the most publicity is in relation to Chapter 11, specifically the transfer of funds from the Utilities to the City. Mayor Torgerson read the original version and the corrected version. Mayor Torgerson stated that in the past 18 years, the transfer of funds has not operated as the original charter reads, but rather as the corrected charter reads. There have never been any issues. John Mlinar questioned the term "surplus" and suggested using another term, such as "fund balance ". Dick Schieffer, Charter Commission Attorney, stated that the term "surplus" is used in state statute and is familiar to the courts. Mr. Schieffer's recommendation to the Charter Commission was to comply with familiar terms and not create a new term that would be up for interpretation. Mayor Torgerson stated that Section 11.05 has some clarity as to what should not be considered surplus funds. There was some discussion as to a "rebate" that could be given to the residents of Hutchinson from any surplus funds. Dick Schieffer noted that surplus funds could be considered a "rebate" as to the fact that these funds would be transferred into the general fund, which if the general fund has higher dollars in it, taxes could be lower. Kay Peterson stated that she appreciated having the clean, corrected copy and the redlined copy. It helped point out the changes more clearly. The Mayor commended the Charter Commission on the hard work they had feated on the City Charter. Mr. Torgerson asked Dick Schieffer his opinion on the proceedings of the Council. Dick Schieffer explained that there are two options to adopt the amendments to the Charter. Option 1 is to adopt them by public vote. Option 2 is to adopt them by ordinance, with all five council members voting in favor of the amendments. After a published public hearing the amendments become effective 90 days after publication. Petition may be brought forth. Motion by Peterson, second by Mlinar to publicly receive the proposed revised Charter from the Charter Commission. Motion carried unanimously. Chuck Carlson commented that this Charter Commission had Hutchinson at heart and they had done a lot of hard work. It was clarified that the Charter Commissions terms expire in the month of August. Some members in 2002 and some in 2004. Jean Peterson commented that this is the third citizens committee that she has served on with Chuck Carlson and she commended him for his amiable leadership on all the committees that he serves on. Ms. Peterson also commended Dick Schieffer on all of his legal advice and helpful answers during the process. Mayor Torgerson invited the Charter Commission to attend the Council meeting when they vote on the procedure /option to use to adopt the amendments. This item will be on the agenda either June 11 or June 25. John Mlinar commented that the Charter definitely needed some updating and it is very apparent that the best interest of Hutchinson was considered throughout the entire process. Motion by Mlinar, second by Peterson to adjourn at 5:35 p.m. Motion carried unanimously.