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04-28-2014 CHCMCHARTER COMMISSION MINUTES April 28, 2014, 5:30 p.m. Members Present: Chair Deb Roepke, Roger Stearns, Don Walser, Chris Kleiman, Mark Lewandowski and Marlin Torgerson. Members Absent: Steve Bauer, Lyle Mullins and Mary Inglis Others Present: Marc Sebora, City Attorney 1. Call to Order Chair Roepke called the meeting to order at 5:30 p.m. 2. Approve Minutes from March 3, 2014 Motion by Walser, second by Kleiman, to approve the minutes as presented. Motion carried unanimously. 3. Consideration of Accepting Ordinance No. 14-720 — An ordinance amending length of mayoral term Chair Roepke noted that this item was discussed at the last Charter Commission at which it was tabled for further review. Chair Roepke noted that public comment was received at the last meeting. Chair Roepke reviewed the ordinance as adopted by the City Council on February 11, 2014. The proposed ordinance increases mayoral terms from two years to four years. City Attorney Marc Sebora explained the process to be followed when considering the ordinance. Marlin Torgerson noted that the state and federal legislators serve two year terms. Torgerson also did not feel that a $20 filing fee should be a hindrance to serving two year terms. Torgerson explained that it has been noted that it takes a couple of years for a new mayor to get acquainted with city business and he feels that there are other mechanisms to get educated and it shouldn't take a full two years to get up to speed. Motion by Torgerson, second by Stearns, to recommend to the City Council to reject Ordinance No. 14-720. Kleiman noted that he does not understand why the mayor has a two year term for mayor and council members have four year terms when typically the executive office serves a longer term. Torgerson stated that council members make decisions, however the mayor runs the meetings and conducts all public relations for the city. Torgerson commended the directors on the jobs they do, however the mayor runs council meetings and is the public figure head for the city. Torgerson explained that if a dysfunctional mayor gets elected into office, a two year term will allow for him or her to be removed sooner. Stearns noted that there are people who cannot commit to a four-year term, however a two-year term may seem more enticing. Mayor Steve Cook, 728 Juul Road, presented before the Commission. Mayor Cook explained that state statute allows statutory cities to have four-year mayoral terms. Mayor Cook distributed a list of cities that have four-year mayoral terms. Out of the regional centers, only Bemidji and Hutchinson have two-year mayoral terms. Mayor Cook read from the Charter the responsibilities that is allotted to the mayor. Mayor Cook noted that continuity and stability comes from a four-year term and fosters better long range planning. The mayor noted that one City commented that they had a revolving door with two-year mayoral terms and wished for longer terms. A longer term allows for better work to be completed on large projects that take time to complete. Mayor Cook reminded the Commission that the procedure being followed allows the voters to speak their voice through putting this item on the ballot. Paul Ackland, 167 Elk Drive, presented before the Council. Mr. Ackland spoke of his years of service in city government, both as mayor, Council Member and HUC Member. Mr. Ackland stated that he opposes the ordinance. Ackland stated that the mayor is the parliamentarian of meetings and if the right mayor is not in office, havoc can be wreaked on the Council. Ackland suggested that the Charter Commission consider discussing term limits for mayor and council members. Cook asked what to do if there is a bad council member and how that differs from the mayor seat. Roger Stearns noted that he believes Cook doesn't have the experience that Ackland has had with an insufficient mayor as has been in office in the past. Torgerson noted that he has received several phone calls from people with all of them wanting two-year mayoral terms to remain. Chair Roepke stated that she was rather neutral on this topic, however is under the impression that two year terms are working and there have not been any issues with them. Lewandowski stated that he is all for the voters deciding on this topic. Kleiman stated that when the Charter was written, two year term limits was all that was allowed via state statute. Kleiman noted that his main concern is that currently the mayor's term is not the same as the council members' terms. Kleiman does not understand as to why the terms should be different and he agreed that the voters should speak at an election. Kleiman's main wish is that the terms all be harmonized, either all two years or all four years. Walser noted that the mayor can take action on things where the Council does not need to decide. And the opinion of the Commission is a small number compared to the number of registered voters. Torgerson noted that most City Councils have the mayor vote in terms of a tie or for the purpose of continuing discussion. Craig Lenz, 550 Campbell Court, noted that he was a Council Member, Planning Commission member and HUC Commissioner in the past. Lenz noted that the Charter Commission's recommendation is very important and should not be taken lightly. Lenz stated that he is in favor of keeping the mayor's terms at two years. Lenz does not believe that it takes two years for an individual to get acclimated to the mayor's seat. John Mlinar, 704 Hilltop Drive, presented before the Commission. Mlinar noted that he served on the City Council for more than 20 years and served under several different mayors. Former Mayor Stearns had told him that it should not take more than a year to learn the job of mayor with resources such as staff, the League of Minnesota Cities and other tools. Mlinar said the question needs to be asked, "Is it broken?". Mlinar noted he is in favor of a two year mayoral term. Mlinar stated that some individuals may not be able to commit to a four-year term, especially with the additional public demands of the mayor. Mlinar feels it is important for the voters' voices to be heard every two years on the mayor seat. Mlinar spoke that perhaps with longer terms, relationships are established that are not with shorter terms. Mlinar also spoke that he believes perhaps term limits should be put in place as name recognition sometimes is a shoe -in at elections. Two year terms may also make mayors be accountable. Mlinar feels that the four-year terms of the council members provides continuity to the mayor's seat. Mlinar noted that the mayor is the "boss" in town and that should not be abused. Lewandowski asked the city attorney to speak to term limits. City Attorney Sebora explained that term limits have been discussed in the past by the Charter Commission. Sebora explained that the Minnesota Supreme Court has ruled that it is unconstitutional for cities to enact term limits for their city councils. Roll call vote was taken: Kleiman — nay; Stearns — aye; Lewandowski — nay; Roepke — aye; Torgerson — aye; Walser — aye. Motion carried 4 to 2. Mlinar noted that there are different procedures for Charter amendments. Mlinar felt that this topic should have come to the Charter Commission first and not prepared and recommended by the Council. Cook noted that this was brought to the Charter Commission first and they requested that the Council discuss the topic before they consider it. 4. Items From the Floor Torgerson asked why the HUC Commission item of residency was brought up and pulled off the agenda. Roepke explained that at the last meeting the Commission determined that the item would be considered only if HUC Commissioners were in attendance. Roepke explained that she spoke with HUC Commission President, Anthony Hanson, who stated that the Commission was not prepared at this time to put together a language amendment for the Charter Commission to consider. Steve Cook mentioned that he had brought up this item approximately a year or more ago when initiatives and referendums were discussed. Mayor Cook noted that there are a handful of other city boards that allow non-residents to serve on their boards. He wanted it known that he had thought of this option and it was not being driven by the HUC. Cook feels that there are most likely well-qualified individuals that whom reside outside city limits that still have a tie to the City through business or other property ownership. Cook also noted that this concept would only allow for one member of the HUC Commission to serve in this capacity. 5. Adj ourn Motion by Torgerson, second by Lewandowski, to adjourn at 6:20 p.m. Motion carried unanimously.