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12-01-2015 CHCMCHARTER COMMISSION MINUTES December 1, 2015 - 5:30 p.m. 1. Call to Order Chair Walser called the meeting to order at 5:30 p.m. Members Present: Marlin Torgerson, Roger Tiede, James Brodd, John Hassinger, Don Walser, Chris Kleiman, Steve Mulder, Mary Inglis and Mark Lewandowski Others Present: Marc Sebora, City Attorney and Matt Jaunich, City Administrator 2. Member Introductions Charter Commission members and staff introduced themselves. Chair Walser spoke about members of the audience speaking during the meeting. Marc Sebora noted that the meeting tonight is a Charter Commission meeting, however three council members are in attendance. Since it was not noticed as a Council meeting, John Lofdahl agreed to leave. 3. Approval of November 2, 2015, Minutes Motion by Brodd, second by Kleiman, to approve the minutes as presented. Motion carried unanimously. 4. Section 2.04 - Mayoral terms Matt Jaunich, City Administrator, spoke before the Charter Commission. Mr. Jaunich noted that the Commission had asked staff to provide information on other cities and their mayoral term lengths. Mr. Jaunich explained that the research he conducted showed that of the 17 regional centers he surveyed, only two have a mayor with a two-year term - those being Hutchinson and Bemidji. The LMC provided information that showed that roughly 25% of the 852 Minnesota cities have a four-year Mayoral term. Motion by Torgerson, second by Brodd, to maintain the two-year mayoral term. Motion was open for discussion. Hassinger spoke that he feels that the current system is working satisfactorily for the City. He stated that he likes the idea that the figure head of the City can be evaluated every couple of years. He noted that he would be agreeable to a four-year term, however he feels that the current two-year mayoral term system is working for the city. Hassinger also expressed that he felt most individuals running for the mayor's seat would have some education prior to taking seat. Torgerson noted that the Charter has been evaluated several times on this topic and at no time has the mayoral term length been changed. Torgerson spoke about former council members that are in favor of the two-year mayor term. He also spoke about the fact that he served five two-year terms as mayor and he had no problems campaigning or working on his election. Mulder spoke about comments offered at the last Commission meeting in relation to mayoral terms and the benefits to four-year terms - those being the learning curve and implementing strategic plans. Kleiman noted that the LMC provided data that four-year mayoral terms are becoming more common. Kleiman suggested that this issue be forwarded to the City Council and request that this issue be placed as a question on the next election's ballot. Inglis spoke about the advantages of making all council members' terms the same since each position carries the same authority. Brodd asked Jaunich to explain the weak -mayor system, which is what the City of Hutchinson has. Jaunich explained that the mayor in Hutchinson has no more authority than a Council Member. There are some figure head duties, but, overall the mayor has no greater authority than a council member. Brodd commented that the current system works with a two year mayoral term. Discussion was held regarding council member seats and the mayor seats having consistent terms. Steve Cook, audience member, spoke before the Charter Commission on the advantages of a four-year mayoral term. Four years gives the mayor more time to learn, more time to build relationships and provides an opportunity to be held accountable — all of these just like the other council members. Cook commented that the mayor can second motions and can break tie votes, but is also more than just a figurehead. Cook spoke about the issue that has been raised about what to do if a "bad mayor" is in office. Cook noted that there are other mechanisms to address these types of issues. Cook said he brought this up initially approximately five years ago when he was mayor. His main intention was to bring it forward for the citizens to vote on the matter. The motion was called. Show of hands: six — aye; three — nay. Motion passed six to three. Another revision in Section 2.04 was reviewed. Language currently reads that elective office shall begin the first business day of January. The proposed language states that elective office shall begin the "first Monday in January" or if the first Monday is a holiday, the term shall begin the first Tuesday in January. Motion by Kleiman, second by Inglis, to amend Sections 2.04 and 3.01 as noted. Section 3.01 addresses changing the first meeting of the Council following a regular municipal election from the first business day in January to the first Monday in January or the first Tuesday in January if Monday is a holiday. Motion carried unanimously. 5. Section 2.09 — Vacancies in the Council Marc Sebora explained that this item came about after the City holding a special election to fill a vacancy on the Council when a council member was elected as mayor. Only one candidate filed for office and a special election was held for one candidate that ran unopposed. Various options to fill the vacancies have been proposed. These include increasing the time period that a person can be appointed for, such as to the next regular municipal election; appointing a person for the remainder of the vacant term; or the appointee remaining in office until the first Monday in January of the year following the next general election. Motion by Brodd, second by Kleiman, to select the option of appointing a candidate if the term is two years or less and if the term is more than two years having a special election at the next regular election and removing the other options from the proposed language. Steve Cook reminded the Charter Commission that the people voted on this topic several years ago changing the appointment length from two years to one year. Cook expressed that having costs of elections play a role in this decision is against democracy. Motion carried unanimously. 6. Section 3.01 - Organizational meeting date Voted above. 7. Section 4.011 — Primary municipal election Motion by Brodd, second by Hassinger, to approve the proposed language which removes a specific date reference to September. Motion carried unanimously. 8. Section 4.02 — Special Elections The proposed language allows the Council to cancel an election. Motion by Brodd, second by Tiede, to approve proposed language in Section 4.02. Motion carried unanimously. 9. Chapter 7 — Taxation and Finances Matt Jaunich noted that staff is requesting a couple of date changes for submittal of the capital plan and budget. These coincide with what is allowed by law. Motion by Brodd, second by Torgerson, to approve proposed revisions in Section 7.05 and 7.06. Motion carried unanimously. 10. Chapter 10 —Franchises Hassinger noted that the proposed language appears to simplify the franchise process. Mr. Sebora explained that the City Council must approve all franchise uses. Motion by Tiede, second by Lewandowski, to approve the proposed changes to Section 10.01. Motion carried unanimously. Motion by Brodd, second by Kleiman, to forward the proposed recommendations to the City Council for their approval. Motion carried unanimously. I L Items From the Floor Marlin Torgerson thanked the city administrator and city attorney for all of the information presented. 12. Adj ourn Motion by Brodd, second by Kleiman to adjourn at 6:30 p.m. Motion carried unanimously.