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11-02-2015 CHCMCHARTER COMMISSION MINUTES November 2, 2015 5:30 p.m. Members Present: Marlin Torgerson, Roger Tiede, James Brodd, John Hassinger, Don Walser, Chris Kleiman, Steve Mulder, Mary Inglis Member Absent: Mark Lewandowski Others Present: Marc Sebora, City Attorney; Matt Jaunich, City Administrator; Council Member John Lofdahl 1. Swear in New Members Marc Sebora, City Attorney, swore in the newest Charter Commission members — Dr. Steve Mulder, James Brodd, John Hassinger and Roger Tiede 2. Appoint Charter Commission Chair Marlin Torgerson nominated Don Walser as the Chairperson. Chris Kleiman seconded the nomination. All members voted in favor of appointing Don Walser as Chair of the Charter Commission. 3. Call to order Chair Walser called the meeting to order. Dr. Mulder asked if staff or a current Charter Commission member could provide information as to the role of the Charter Commission and their authority and purpose. Marc Sebora, City Attorney, provided an overview on the duties of the Charter Commission, which mainly includes reviewing the City's Charter on an annual basis to determine if any revisions should be made. In addition, the Charter Commission may meet more than once annually dependent on the needs of the community. Mr. Sebora described the ways revisions may be made to the Charter. 4. Section 2.04 - Mayoral terms Marc Sebora, City Attorney, explained that the Charter currently reads that the mayor shall serve for two years and council members shall serve four years. The Charter Commission had discussed this topic approximately one year ago and determined to leave the Charter as written. Upon Council Member John Lofdahl's election into office, he had asked that the Charter Commission revisit this topic. Council Member Lofdahl noted that he believes it is most sensible to have the mayor's term be the same length as all of the other council members. He stated that Hutchinson is in the minority to have the mayor's term be shorter than the other council members. Marlin Togerson provided an update to the Charter Commission on the number of times this topic has been addressed by the Commission — which has been four times in the last four years, with each time the Charter Commission determining to leave the Charter as written. Mr. Torgerson noted that officials in the legislature are voted on every two years so it is not abnormal for a two-year term. Mr. Torgerson explained that he feels those running for mayor should acquire knowledge and information prior to running for office and not necessarily use their first term or two to get caught up to speed. Mr. Torgerson also asked what the compelling reason is to change the mayor's term to four years other than other cities have it. Chris Kleiman asked what the difference is between the mayor and the council members duties/authority and how the terms should be different. Mr. Torgerson noted that the mayor for the most part runs the meetings and the remaining council members have much authority when it comes to decision making. Council Member Lofdahl expressed that he feels the mayor, for the most part, does not have any more authority than other council members. Roger Tiede expressed that he feels by having the people voting on the mayor's office every two years, it provides a vote of confidence. Chris Kleiman felt that the council members should be just as accountable to the people as the mayor and perhaps the council members' terms should be two years like the mayor's. Dr. Mulder pointed out that the learning curve for the mayor's office may substantiate a four year term for the mayor's seat. Chris Kleiman noted that an argument may be made that qualified candidates may not be running for mayor's office because of the two year term and having to run for office every two years. Steve Cook, member of the audience and former mayor, spoke before the Charter Commission. Mr. Cook noted that the only other Charter city that is considered a regional center that has a two year term for mayor is Bemidji. That is out of 22 Charter cities that are regional centers. Mary Inglis commented that she agrees with the explanation that all council members should be as accountable as the mayor. Steve Cook noted that the Charter does give the mayor some additional authorities and responsibilities. Mr. Cook also believes that a four year term for the mayor allows for learning curve, stability and ability to study things and carry them out are advantages for a four-year mayor term. Mr. Sebora explained that the Charter Commission can absorb the information this evening and not necessarily take any action, but rather have another meeting where action can be taken. However, by all means, the Charter Commission can act on any of the items this evening. Mr. Hassinger noted he would like time to absorb the information and take action at a future meeting. Mr. Cook noted that when he brought this topic up the last time, it was his wish to have it brought to the people for a vote. Mr. Kleiman concurred that if the Charter Commission would agree to increasing the mayor's term to four years, he would agree to put it forth before the voters at the next general election in 2016. The Charter Commission determined this item would be tabled until the next meeting. 5. Section 2.09 — Vacancies in the Council Marc Sebora, City Attorney, explained that this topic came up after the election of the current mayor, Gary Forcier. Mayor Forcier was a council member when he got elected as mayor, which left his council seat vacant for the remaining two years of his term. The way the Charter currently reads, a special election was held to fill the remaining two years of the term. In this specific instance, only one individual filed for the seat and a special election was held where the one individual ran unopposed. Only 73 voters voted at the election. There are concerns with the cost of holding an election for one unopposed office. Discussion was held regarding appointing versus holding a special election. James Brodd suggested holding the special election in November when other elections are held. It was noted that elections are not held every November, but rather only in the even years. Steve Cook suggested that an appointment be made to complete the remainder of a term and if no one files against the person appointed, then no election would be held. James Brodd suggested that the appointments be for up to two years and then voted on at the next election. Kleiman noted that his concern is that if the Charter would be revised in this fashion, the Charter is being reverted to what it once read prior to it being changed via citizen petition. Staff will need to research if once a city calls an election, does it need to follow through if no one files for office or only one person files and runs unopposed. This item will be tabled for further discussion. 6. Section 3.01 - Organizational meeting date Marc Sebora explained that this item was mentioned by Council Member Chad Czmowski. Council Member Czmowski suggested having the organizational meeting be designated as a Monday following New Year's Day. This is due to a scenario where New Year' Day fell on a Thursday and then the organizational meeting had to be held on a Friday when many were still on holiday vacation. Matt Jaunich noted Section 2.04 will need to be revised as well if a change is made to Section 3.01. Staff will draft language. 7. Section 4.011 — Primary municipal election Matt Jaunich, City Administrator, noted that a technical change is being suggested. The Charter currently reads that the Primary election will be held generally the first Tuesday following the second Monday in September. Several years ago, state law changed the primary election to be held the first Tuesday following the first Monday in August. Staff is suggesting that the Charter language simply references state law for when the primary election is held and not indicate a specific month since that can be changed by the legislature. Staff will draft language for the Charter Commission to consider at a future meeting. 8. Chapter 6 — Council involvement in the hiring of department directors Marc Sebora explained that this item came about following an appointment he made to the EDA Director position while he was the acting city administrator. Mr. Sebora noted that when he hired the position, the council members were not involved in the hiring of the position due to the Charter indicating that the city administrator shall appoint, supervise, remove/transfer all head of departments and city employees. Mr. Sebora noted that some council members would like input on filling department head positions prior to the position being filled. Council Member Lofdahl expressed that he believes that council members expressed that they believe department head positions should be advertised or posted before they are filled. Discussion was held on having adequate personnel policies to follow and may include posting openings for all positions. Language could be included to allow for extenuating circumstances. The Charter concurred that the hiring of department directors is a policy decision of the Council and not necessarily something that needs to be identified in the Charter. This will be ratified at the next Charter Commission meeting. 9. Chapter 7 — Taxation and Finances Matt Jaunich noted that the suggested revisions are also technical in nature. Section 7.05 requires the City Administrator to prepare and submit to the Council a recommended five-year capital improvement program no later than June 1 each year. Staff is recommending that that date be pushed back a bit later in the year. Section 7.06 states that the budget shall be considered by the first regular monthly meeting of the council in September and at subsequent meetings until a budget is adopted for the ensuing year. Staff is also recommending that this date be pushed back later in the year. Proposed language will be presented at the next meeting. 10. Chapter 10 —Franchises Marc Sebora explained that in Section 10.01 the Charter requires that if any permanent or semi-permanent fixtures are placed on public property, a franchise must be granted. Granting a franchise is adopted by ordinance, which requires two readings and a public hearing to grant these franchises. Mr. Sebora suggested perhaps language could be added/revised giving the Council the authority to grant use of public right-of-way for relatively minor placements. Chair Walser asked if the League of Minnesota Cities may have addressed this and model language could be used from them. Roger Tiede suggested income-producing and non -income producing classifications when granting franchises. Potential language will be brought before the Charter Commission at their next meeting. 11.Items From the Floor Brodd motioned to have the next meeting December 1, 2015, at 5:30 p.m. seconded by Kleiman. Motion carried unanimously. 12. Adj ourn Upon motion, the meeting was adjourned at 6:45 p.m.