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HomeMy WebLinkAbout04-20-2017• a • April 7:00 c Council City Hall •, - 1. Call to Order 1A. Introduction of new member Tom Kaiser 1B. Oath of Office — Tom Kaiser James Guy Carolyn Laine 2. Roll Call /Status of Membership Resignation -Tim Utz 3. Approval of Agenda 4. Approval Minutes of January 19, 2016 5. Correspondence 6. Old Business A. Review of Charter Chapter 2, Section 9, Vacancies on the Council. 7. New Business B. Next Meeting Date: July 20, 2017 at 7:00 P.M., City Hall Conference Room 1 8. Adjournment The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611 to make arrangements. (TDD /763- 706 -3692 for deaf or hearing impaired only.) * A QUORUM OF THE COUNCIL MAY BE PRESENT Mayor Donna Schmitt > 3COLUMBIA Councilmembers ✓' Robert A. Williams John Murzyn, Jr. City of Columbia Heights Connie Buesgens 59040th Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 City Manager Visit our website at: www.columbiaheightsmn.gov Walter R. Fehst • a • April 7:00 c Council City Hall •, - 1. Call to Order 1A. Introduction of new member Tom Kaiser 1B. Oath of Office — Tom Kaiser James Guy Carolyn Laine 2. Roll Call /Status of Membership Resignation -Tim Utz 3. Approval of Agenda 4. Approval Minutes of January 19, 2016 5. Correspondence 6. Old Business A. Review of Charter Chapter 2, Section 9, Vacancies on the Council. 7. New Business B. Next Meeting Date: July 20, 2017 at 7:00 P.M., City Hall Conference Room 1 8. Adjournment The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611 to make arrangements. (TDD /763- 706 -3692 for deaf or hearing impaired only.) * A QUORUM OF THE COUNCIL MAY BE PRESENT MINUTES OF THE CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION JANUARY 19, 2017 7:00 P.M. CITY HALL - CONFERENCE ROOM 1 Call to Order President Steve Smith called the meeting to order at 7:00 p.m. Oath of Office — Rob Fiorendino Roll Call /Status of Membership Members present: Roger Johnson, Steve Smith, Tim Utz, Matt Abel, Lee Eric Penniston, Gregory Sloat, Ramona Anderson and Rob Fiorendino Members absent (excused) James Guy, Carolyn Laine and Mike Patiuk Members absent (unexcused) Jeffrey Diehm Also in attendance: City Attorney Jim Hoeft, Council Lia Secretary Katie Bruno President Smith added the following two items to the agenda; The Annual Report. Approval of Agenda Motion by Commissioner Anderson, seconded by Commissioner Bak Motion passed unanimously. Election of Officers - Commissioner Abel nominated Steve Smith for President, R Commissioner Utz indicated he would like to see someone Commissioner Bak nominated Matt Abel for Vice - President Commissioner Penniston volunteered to serve as Secretary Approval of Minutes st Simula, Susan Wiseman, ns and City Clerk /Recording n of Officers and Review of the rove the agenda as amended. otion passed unanimously. ifferent assume the role of Vice President. Motion passed unanimously. Motion passed unanimously. Motion by Commissioner Simula, seconded by Commissioner Penniston to approve the minutes from the October 20, 2016 meeting. Motion passed unanimously. Review of the Annual Report The Annual Report was distributed for review. Old Business -None New Business A. Review of Charter Chapter 2, Section 9, Vacancies on the Council. President Smith distributed a timeline summarizing the appointment process. Smith indicated the process is lengthy, and wondered if the commission would like to consider any changes. City Attorney Hoeft indicated this section of the Charter was revised in the past. Hoeft indicated the time period appears to be prolonged; noting that Council in the past wanted to be sure there was ample time for people to submit applications. Hoeft indicated State Statute would require a Special Election, even a more lengthy process. Commissioner Fiorendino questioned if any of the Charter requirements are addressed in State Law. Hoeft indicated the Charter is specific to the City of Columbia Heights. Commissioner Bak questioned if the appointment process has been used in the past. Hoeft indicated there was a time when a member needed to have a break in service. Hoeft indicated the only issue at that time was in regard to the interview process, relating to the open meeting requirement. Commissioner Penniston questioned the following language from Section 9 of the Charter: The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon uni form manner as a council. After said 30 day period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. Councilmember Buesgens indicated the Council intends to interview as quickly as possible in order to have a full council seated as soon as possible. City Attorney Hoeft indicated the council can decide on the appointee at any point following the interviews; however the appointment will not become effective until the said 30 day period. Hoeft indicated there is some leeway built into the timeframe, noting additional time may be necessary at various times. Hoeft suggested observing the process this time, and if necessary; revisit at a future meeting. Commissioner Utz questioned of there is an option for a Special Election in the current Charter. President Smith indicated there is not. Commissioner Anderson questioned if the role of the Charter -Com Smith indicated the Charter Commission is responsible to see that requirements. Commissioner Bak indicated the commission also n state laws. Commissioner Anderson questioned the need for a Charter. Hoeft appointment process ability, the Charter allows for the power of rE the Charter addresses the Police Department reporting to the Mav agreements address many of the personnel issues. Hoeft indicated removing that, and having the Police Department report to the Cit, change. Next Meeting Date: April 20, 2017 at 7:00 P.M., City Adjournment Motion by Bak, seconded by Anderson to adjourn, Meeting adjourned at 7:42 pm. Respectively Submitted, Katie Bruno, City Clerk /Recording Secretary ion is to protect the Charter? President processes follows the Charter to ensure we are not in conflict with dicated that in addition to the erendum, initiative and recall. Additionally r, although collective bargaining here was discussion in the past of Manager, the voters voted against the nference Room 1 s, Motion carried. CHARTER COMMISSION MEMBERS The City Charter is the document which enabled the City of Columbia Heights to become a self - governing city under the municipal home rule provisions of the Constitution and Statutes of Minnesota. The Charter Commission is charged with keeping the charter current under procedures authorized by State Statutes. The Charter Commission must have not more than fifteen, and not less than seven members, which are appointed by the Chief Judge of Anoka County District Court. They are appointed for four year terms. Meet quarterly at City Hall at 7:00 p.m. MEMBER'S NAME TERM EXPIRES ABEL, Matthew (Vice President) 8 -2017 ANDERSON, Ramona 6 -2017 BAK, Lee 12 -2018 DIEHM, Jeffrey 1 -2019 FIORENDINO, Rob 10 -2020 GUY, James R. 3 -2020 JOHNSON, Roger 2 -2020 KAISER, Tom 3 -2020 LAINE, Carolyn 3 -2020 PATIUK, Michael 2 -2020 PENNISTON, Eric (Secretary) 5 -2018 SIMULA, Frost 6 -2017 SLOAT, Gregory 1 -2019 SMITH, Stephen (President) 10 -2019 WISEMAN, Susan 2 -2020 City Council Liaison: Councilmember Connie Buesgens cbuesgens @columbiaheightsmn.gov City Attorney, Jim Hoeft City Clerk /Recording Secretary, Katie Bruno kbruno2columbiaheightsmn.gov (763) 706 -3611 Revised 4 -2017 CHAPTER 2 • • Section 6. FORM OF GOVERNMENT. The form of government established by this charter shall be known as the "Council- Manager Plan." Section 7. ELECTIVE OFFICES. The council shall be composed of a mayor and four council members who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four council members shall serve for a term of four years and until their successors are elected and qualified. The Mayor shall serve for a term of two years and until a successor is elected and qualified. The council shall be judge of the election of the mayor and council members. (Ordinance No. 1466, passed December 15, 2003) (Ordinance No. 1300, passed April 10, 1995) Section 8. INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of that member's term as council member no former member shall be appointed to any paid office or employment under the city which office or employment was created or the emoluments of which were increased during that member's term. (Ordinance No. 1086, passed June 11, 1984) Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after- qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period of two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for a period of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon uniform manner as a council. After said 30 day period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. The individuals so appointed shall fill said vacancy until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31 st in the year of a regular municipal election, then the appointment process as set forth herein shall not take effect and any such vacancy shall continue to ►. exist until said election, at which time the vacancy shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. (Ordinance No. 1331, passed September 23, 1996) (Ordinance No. 1086, passed June 11, 1984) Section 10. THE MAYOR. The mayor shall be the presiding officer of the council, and shall exercise all powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city, and the laws of the state. A president pro tempore shall be chosen who shall serve as president in the mayor's absence, and who shall, in the mayor's absence, exercise all powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city and the laws of the state. In the absence of both the mayor and the president pro tempore, the council member with the most seniority (as determined by consecutive uninterrupted years of service to date) shall exercise and perform said powers and duties. The mayor shall have the appointment, control, and direction of all police officers of the city, and shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. In the event of a vacancy in the office of mayor, whether by death, resignation, or any other cause, the council shall order a special election to fill the vacancy for the unexpired term except in the case of a recall, the vacancy shall be filled in the manner provided by this charter. (Ordinance No. 1389, passed April 26, 1999) (Ordinance No. 1086, passed June 11, 1984) Section 10A. (Deleted per Ordinance No. 1584, passed August 23, 2010) Section 11. THE CITY MANAGER. The city manager shall be the chief administrative officer of the city. The city manager shall be chosen by the council solely on the basis of executive and administrative qualifications and the choice shall not be limited to inhabitants of the city or state. The city manager shall be appointed for an indefinite period and shall be removable by the council at any time. If removed at any time after one year of service, such person may demand written charges. Such demand shall be in writing and shall be served upon the mayor or any member of the council within one week after the date of the resolution of suspension or removal and written charges shall be served upon the city manager within fifteen days after the service of such demand upon the mayor or any member of the council and public hearing shall be had on said charges before the city council within thirty days after the service of such charges, but the city council and the city manager may consent to a hearing on said charges at a later date, but the removal of the city manager shall not take effect until such hearing shall have been held, but pending such hearing the city council may suspend the city manager from office. During the absence or disability of the city manager, the duties of that office shall be performed by some properly qualified person designated by the council. (Ordinance No. 1086, passed June 11, 1984) Section 12. OATH OF OFFICE. Every officer of the city shall, before entering upon the duties of the office, take and subscribe an oath of office in substantially the following form: I do solemnly swear [or affirm] to support the constitution of the United States and of this state, and to discharge faithfully the duties devolving upon me as of this city to the best of my judgment and ability. (Ordinance No. 1086, passed June 11, 1984) -3- Section 13. SALARIES. The mayor and council members shall by ordinance fix their own salaries in such amount as they deem reasonable. No change in salary shall take effect until after the next succeeding municipal election. (Ordinance No. 1388, passed April 26, 1999) (Ordinance No. 1086, passed June 11, 1984) Section 14. CITY OFFICERS NOT TO ACCEPT FAVORS OR CONTRACTS. (Deleted from Charter before 1950). Section 15. OFFICIAL BONDS. By resolution, the council shall establish bonding and insurance requirements for all city employees as security for the faithful performance of their respective duties and the safekeeping of the public funds. (Ordinance No. 1480, passed January 24, 2005) M Schedule for filling City Council vacancies Council resolution read Two week city hall posting Newspaper posting for 2 weeks Completed within 30 days Last application within 45 days 30 day interview period January 9, 2017 January 23, 2017 February 8, 2017 February 23, 2017 March 25, 2017 Final appointment April 9, 2017