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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.