Loading...
11-18-2013 CHCMCHARTER COMMISSION MINUTES November 18, 2013, 5:30 p.m. Members Present: Chair Deb Roepke, Marlin Torgerson, Don Walser, Chris Kleiman, Lyle Mullins, Mark Lewandowski, Steve Bauer and Mary Inglis Members Absent: Roger Stearns Others Present: Marc Sebora, City Attorney and Steve Cook, Mayor Chair Roepke called the meeting to order at 5:30 p.m. 1. Hutchinson Utilities Commission Members Chair Roepke stated that the HUC had asked that the Charter Commission consider allowing customers in the service territory of the HUC to serve on the HUC Board even if they reside outside of city limits. Attorney Sebora distributed a map of the service territory of the HUC as well as a copy of the excerpt from the City Charter that notes that HUC Commissioners must be registered voters of the City of Hutchinson. Marlin Torgerson asked if an issue had been brought up regarding a lack of representation of those who reside in city limits. Attorney Sebora responded that that is not the case. Chris Kleiman asked if there is knowledge as to the number of those customers who do not reside within the city limits but are customers in the service territory. Attorney Sebora stated that he did not have that information but that it is probably small. Mark Lewandowski brought up a point that these individuals would not contribute to the tax base of the City since they are not residential property owners. Don Walser also mentioned that these individuals may only be concerned of their rates and would not have City property taxes at heart. Mayor Cook noted that there is an opening on the HUC and some of the interested persons, who would be qualified, do not reside in the City of Hutchinson. Don Walser expressed that HUC Board Members are truly owners of the HUC as residents, but if that was changed to allow a non - resident to serve, they are no longer owners but rather customers only. Marlin Torgerson noted since HUC is owned by the citizens, they should control all the interests of it. If services are being provided outside city limits, they are at the request of those who want the service. Motion by Lewandowski, second by Kleiman, to leave the City Charter as written as related to HUC members. Motion carried unanimously. 2. Recall Petition Requirements Marc Sebora, City Attorney, presented before the Commission. Mr. Sebora explained that the Charter Commission had recommended to the City Council to change the percentage requirement from 20% to 10 %, mainly due to the voter turnout from the switch to the odd to even year elections. That final action of the change is pending with the Council due to procedural issues. Mayor Cook noted that he, as well as some other Council Members, had suggested that perhaps the petition percentage requirements for a recall, which is to pull a Council Member out of office, should be higher. Mayor Cook expressed that he felt a recall is a serious action and should require a larger percentage requirement on petitions. Mayor Cook had information from other communities, with a good majority of them requiring 20 -25 %, some not allowing recalls at all, and a few with a 10% requirement. Chris Kleiman expressed that he felt 600 signatures is a large number of signatures to obtain. Mr. Kleiman also noted that a recall must state that an officer has had serious infractions and allege it in the petition, with city administrator approval (Section 5.08 of City Charter). Mr. Kleiman noted the recall requirements should be kept in mind when considering the petition requirements. Mr. Kleiman also suggested that initiative and referendum requirements should be singled out from the recall requirements. Mr. Kleiman reminded the Charter Commission that a 5% signature requirement is needed for Charter amendments. Mr. Kleiman noted that Willmar has petition requirements based on registered voters and not of those who voted in the last election. This type of system would alleviate the fluctuation in signature requirements from year to year. Mary Inglis agreed that setting a requirement of registered voters would be a more stable requirement, and in the end a more fair requirement. Chris Kleiman suggested changing the language to "registered voters as of the date of the last election" as opposed to "total votes in the last regular election" as it is worded now for all petition requirements. Mark Lewandowski and Chris Kleiman suggested keeping the recall requirements at 10 %, as for initiative and referendum requirements. Kleiman's main reason was due to the requirements needed for the allegations related to a recall being so high. Motion by Inglis, second by Lewandowski, to amend the language to 10% of registered voters as of the last city election. Motion carried unanimously. Marc Sebora stated that would like the Charter Commission to meet after the holidays and he will have before them language to consider and pass on to the City Council. 3. Expenditures by Petitioners Marc Sebora, City Attorney, distributed an ordinance that was passed by the Council in September 2013 prohibiting individuals from paying others to circulate petitions or to accept payments for signing petitions. The Council felt that petitions should be a grass roots effort and not be something done for a financial gain. Even though this ordinance was adopted, the Council expressed that perhaps this language should be included in the Charter as well due to the topic of petitions throughout the Charter. Chris Kleiman asked if the ordinance is overbroad in that it might prohibit conduct that the Charter Commission wishes not to prohibit, such as a lunch before a committee goes out to gather petition signatures. Marlin Torgerson expressed that perhaps this type of language might be "overkill ". Mr. Torgerson did not feel it needed to go into the Charter, especially since it is an ordinance. Mayor Cook noted that many people go to the Charter to find out the requirements for petitioning and if the language is included, it is all in one place, which provides consistency. Mr. Kleiman suggested that the first sentence of the ordinance be included in the Charter. Because the Council has already taken action on this item with adoption of the ordinance, perhaps it is wise to include the first sentence of the ordinance to make individuals aware of the prohibition. Motion by Kleiman, second by Torgerson, to add to Section 5.03 the first sentence of Ordinance No. 13 -716 as adopted by the City Council. Roll call vote was taken: Roepke — aye; Torgerson — aye; Kleiman — aye; Mullins — aye; Bauer — aye; Inglis — aye; Lewandowski — nay; Walser - nay. Motion carried 6 to 2 4. Mayor Term Mayor Cook distributed information from other cities and their mayor terms. Litchfield and Glencoe have four -year terms. Mayor Cook noted that if the Charter Commission is open to changing the Hutchinson's mayor term from two to four years, he suggested placing the item on the 2014 ballot for the voters to decide. He suggested that if it is placed on a ballot, it should go into effect in 2016. Marc Sebora confirmed that, according to the Supreme Court, cities cannot enact term limits for city officials. Mary Inglis noted that if the Charter Commission would agree to the term increase, it would be best to place it on the ballot at the 2016 election. Marlin Torgerson expressed that he feels a two year term limit is adequate for a mayor. Mr. Torgerson noted that even though many other cities have four -year terms for mayor, he likes Hutchinson to lead and not to follow. Chris Kleiman noted that Hutchinson is definitely in the minority with a two -year term for mayor. Mr. Kleiman wondered what the public policy benefit is for a two - year term limit for mayor and a four -year term limit for other council members. Mark Lewandowski expressed that he does not have an issue with putting this question before the voters. When asked, Mayor Cook noted that in a mayor's first term especially, it takes two years to become familiar with city business, and then it is time to run again for office. Mayor Cook noted it would be consistent with other Council seats. Mayor Cook mentioned that the mayor does have some other duties from Council Members. Chris Kleiman noted that a two -year term allows voters to speak more often on the mayor seat and it allows the office of mayor to get out of the position sooner if desired. Mr. Kleiman feels it would be more onerous if the mayor's seat was contested more frequently. Mary Inglis suggested that Steve Cook discuss this topic with the Council and then provide feedback to the Charter Commission at a later meeting. 5. Items From the Floor 6. Adj ourn Motion by Kleiman, second by Mullins, to adjourn at 6:50 p.m. Motion carried unanimously.