03-03-2014 CHCMCHARTER COMMISSION
MINUTES
March 3, 2014, 5:30 p.m.
Members Present: Chair Deb Roepke, Roger Stearns, Don Walser, Chris Kleiman, Lyle
Mullins, Mark Lewandowski,
Members Absent: Marlin Torgerson, Steve Bauer and Mary Inglis
Others Present: Marc Sebora, City Attorney and Steve Cook, Mayor
Chair Roepke called the meeting to order at 5:30 p.m.
1. Minutes from November 18, 2013
Mark Lewandowski noted a correction to the minutes in Section 4. Lewandowski
stated the language should be changed noting that he does not have an issue with
putting the amendment question before the voters.
Motion by Walser, second by Lewandowski, to approve the minutes with the
correction noted. Motion carried unanimously.
2. Hutchinson Utilities Commission Members
Chair Roepke explained that at the last meeting the Charter Commission considered
allowing non - residents to serve on the HUC Board. Chair Roepke clairified that the
HUC is requesting non - residents the ability to serve on the board if they own
property or a business in the City of Hutchinson. Mayor Cook explained that he
spoke to HUC Commissioner Dwight Bordson who clarified that the request is that
only one of the HUC board seats have this ability and the other four seats must be
residents of the City. Again, the individual can reside outside city limits but must
own property or a business within city limits.
Roger Stearns expressed that he likes the language in the Charter currently as
written. Don Walser asked if the resident could live anywhere and rent property as
long as they owned a business. Chris Kleiman asked for the reasoning or if any
problems exist currently. Kleiman asked if there is a compelling reason that should
be considered for this change. Mayor Cook likened it to the hospital board in that
additional expertise can be drawn from those who don't reside within city limits.
Kleiman noted that a motion was passed at the last meeting leaving the language as
written. Walser invited an HUC Commissioner to attend a future meeting and
explain in more detail the reasoning behind their request.
3. Approve Amending Language to Section 5.02
The Commission reviewed the proposed revised language to Section 5.02 as they
had discussed at the prior meeting. The proposed language is to provide consistency
from voting year to voting year in making the petition requirement related to the
number of registered voters and not to the number voted in the last election as
currently written. The amendment is proposed to read:
"An initiative, referendum or recall, shall be initiated by a petition signed by
registered voters of the City equal in number to 10 percent of total votes east iN
registered voters as of the last Fegttla city election."
Motion by Lewandowski, second by Kleiman, to approve the language amendment
as presented. Motion carried unanimously.
Attorney Sebora noted that the proposed language amendment will need to be
forwarded to the City Council for their consideration.
4. Approve Language to Add to Section 5
The Commission reviewed additional language to Section 5.03 which would not
allow any pecuniary or other awards for circulating or signing a petition. The
additional language is the first sentence from an ordinance adopted by the council.
Kleiman expressed that violations /penalties should not be included in the Charter
but rather in the City code only. Kleiman felt that if a prohibition is noted in the
Charter, that should be fair warning that penalties may apply. Walser suggested that
the word "can" be changed to "shall ". The amendment is then proposed to read:
"No member of any initiative, referendum, or recall committee, no person
circulating a paper for signatures, and no signer of any such paper, or any other
person, shall accept or offer any pecuniary or other reward for service rendered in
connection with the circulation."
Motion by Kleiman, second by Lewandowski, to accept the language as amended.
Attorney Sebora noted that this proposed language amendment will also need to be
forwarded to the City Council for their consideration.
5. Accepting Ordinance No. 14 -720 — An Ordinance amending Length of Mayoral
Term
Chair Roepke explained that the City Council has asked the Charter Commission to
review an ordinance that they recently adopted to change the mayoral term from two
years to four years. Attorney Sebora explained that the Charter Commission has 60
days to review the ordinance and propose changes, accept it or reject it.
Roger Stearns noted that he does not have any issues with the proposal, albeit there
are pros and cons to the change. Chris Kleiman spoke of executive and legislative
terms. Kleiman noted that he received a call from Marlin Togerson who could not
attend the meeting today. Kleiman noted that Torgerson informed him he is
strongly opposed to the change based on his past experience serving as mayor.
Kleiman noted he himself is not strongly opposed to the suggested change. Chair
Roepke stated she does not have a strong opinion on this matter either way.
An audience member, Craig Bishop, approached the Commission. Mr. Bishop
expressed that he isn't aware of any issues that have arisen with the two year term
limit so it seems unusual to him to change the terms when things have been running
smoothly.
Mayor Cook offered his opinion on four year term limits for the mayor and
commented on the number of other cities who have four year mayor term limits.
Mayor Cook is suggesting that if this change is approved, that it go into effect for
the 2016 mayor's term.
Audience member, Jim Bobier — Acoma Township, asked the source of the
proposed changes that the Charter Commission has considered at its last few
meetings. Kleiman explained that he had raised the petition requirement issue
thinking that the original requirement of 20% was too high. The mayoral term limit
was suggested by Steve Cook. Mayor Cook commented that serving as mayor he
can see the benefits to a four -year term limits, which is the same as the other four
Council Members. An overwhelming number of other cities have four year mayoral
term limits. Kleiman expressed that he feels the full Council should have the same
terms. Some discussion was held regarding the powers and duties of the mayor and
the appointments to boards the mayor can make.
Motion by Kleiman, second by Stearns, to table this item and hold the next meeting
to discuss this item within 60 days. Motion carried unanimously.
6. Adj ourn
Motion by Kleiman, second by Lewandowski, to adjourn at 6:05 p.m. Motion
carried unanimously.