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HomeMy WebLinkAbout01-16-2020 Charter Commission Packet Mayor Donna Schmitt Councilmembers Robert A. Williams John Murzyn, Jr. Connie Buesgens Nick Novitsky City Manager Kelli Bourgeois City of Columbia Heights 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763) 706-3600 Visit our website at: www.columbiaheightsmn.gov Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in advance. Please contact the City Clerk at 763-706-3611 or ntingley@columbiaheightsmn.gov, to make arrangements. * A QUORUM OF THE COUNCIL MAY BE PRESENT Meeting of the Charter Commission January 16, 2020 7 pm City Hall-Conference Room 1 1. Call to Order 2. Roll Call/Status of Membership 3. Approval of Agenda 4. Approval of October 17, 2019 Meeting Minutes 5. Election of Officers A. President B. Vice President C. Secretary 6. Correspondence 7. Old Business A. City Council Appointment Process 8. New Business A. Approve the 2019 Charter Commission Annual Report B. City Charter Review 9. Adjournment Next Meeting Date: April 16, 2020 at 7 pm, City Hall Conference Room 1 MINUTES OF THE CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION OCTOBER 17, 2019 7:00 P.M. CITY HALL-CONFERENCE ROOM #1 Call to Order President Steve Smith called the meeting to order at 7 p.m. Roll Call/Status of Membership Members present: Steve Smith, Ramona Anderson, Tyler Eubank, Rob Fiorendino, KT Jacobs, Tom Kaiser, Carolyn Laine, Patrick McVary Joe Schluender, Frost Simula, and Gregory Sloat Members absent: Matt Abel, Kathy Ahlers, Bill Hugo, and Susan Wiseman. Also in attendance: City Attorney Jim Hoeft, Mayor Donna Schmitt, and City Clerk/Recording Secretary Nicole Tingley Approval of Agenda Motion by Commissioner Anderson, seconded by Commissioner Fiorendino to approve the agenda as presented. Motion passed unanimously. Approval of June 28, 2018 Meeting Minutes and July 18, 2019 Meeting Minutes President Steve Smith clarified that minutes from June 28, 2018 are included because there is not any record of approved minutes from that special meeting. Motion by Commissioner Anderson, seconded by Commissioner Sloat, to approve the June 28, 2018 meeting minutes. Motion passed unanimously. Motion by Commissioner Schluender, seconded by Commissioner Anderson, to approve the July 18, 2019 meeting minutes. Motion passed unanimously. Correspondence-None Old Business-None New Business A. Modernizing the Charter Amendment Process League of Minnesota Cities Policy Comments President Smith explained that the League of Minnesota Cities (LMC) creates policies every year to use as a basis for advocating to the state on behalf of municipalities. Smith noted that this particular policy relates to making amendments to City Charters. Smith added that no action is necessary, but the LMC is seeking comments. Mayor Schmitt provided background information. In regards to the section stating “allowing cities to modify liquor provisions in the charter through an open and transparent process that does not require an election,” she stated that the City of Bloomington has liquor provisions in their charter and is having difficulty changing them. It was noted that this is not applicable to the City of Columbia Heights as there are not any liquor provisions in the charter. Next, concerning clarifying language regarding registered voters for charter amendment petitions, Mayor Schmitt shared that the City of St. Paul was sued after disqualifying signatures that were not registered voters at the time the petition was presented. Therefore, the LMC is advocating for a clarification that states signatures must be from eligible voters who are active status on the statewide registration system at the time of petition verification. The Charter Commission did not have any further comments to provide. Charter Commission Meeting October 17, 2019 Page 2 of 2 Commissioner Simula requested further advanced notice of meetings. Adjournment Motion by Commissioner Fiorendino, seconded by Commissioner Simula to adjourn. All Ayes, Motion carried. Meeting adjourned at 7:12 pm Respectfully Submitted, ___________________________________ Nicole Tingley, City Clerk/Recording Secretary AGENDA OLD BUSINESS ITEM NO. 7A MEETING DATE JANUARY 16, 2020 CITY OF COLUMBIA HEIGHTS – CHARTER COMMISSION ITEM: City Council Appointment Process DEPARTMENT: Administration BY/DATE: Nicole Tingley/January 9, 2019 BACKGROUND: Making changes to City Council Appointment Process (Chapter 2, Section 9) has been discussed at the Charter Commission. The primary discussion point has revolved around the length of the process. Commissioner KT Jacobs recommended that the Charter Commission review this again and make changes as City Council vacancies may occur with it being an election year. Attached for your reference are Chapter 2, Section 9 of the City Charter, excerpts of minutes from past discussions of this topic, proposed changes from Commissioner Frost Simula that were tabled, and Commissioner KT Jacob’s proposed changes. CHAPTER 2 (Section 9) FORM OF GOVERNMENT 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 31st 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) April 20, 2017 Charter Commission Minutes Excerpt A. Review of Charter Chapter 2, Section 9, Vacancies on the Council. President Smith suggested discussing the item tonight; requesting members submit any recommended changes to the City Clerk or himself prior to the next meeting. The recommend changes could then be incorporated into the charter; constituting a first reading. The second reading could take place at the October meeting, followed by recommendation to the council. President Smith requested a motion be made if the group intends to allow for public comment at tonight’s meeting. Commissioner Penniston indicated it would be most appropriate to allow public comment at the City Council meeting at the time an amendment is being considered. Commissioner Simula suggested the timeline be shortened. Councilmember Buesgens suggested the initial 45 day time period could be shortened. Hoeft indicated there are not any legal standards regarding the number of days, cautioning the commission to avoid shortening the period too much, requiring special council meetings be set to meet time frames. Commissioner Bak questioned the basis for concern with the time frame being too long. Commissioner Simula indicated he thinks the time frame was likely set to allow ample time to attract applicants; noting with 17 applications received, the community is passionate about serving. Jim Hoeft said in the past it was difficult to get applicants. Councilmember Buesgens suggested three weeks would be enough time for the application period. Hoeft indicated the tie votes resulted in the process being lengthened on the back end of the time frame. Commissioner Laine suggested the publication period could be shortened; allowing the appointment to be made the end of February. Commissioner Penniston stated the issues in question were a result of the Council’s implementation of the process, suggesting the council be given a written plan that addresses issues that may come up; i.e. tie votes. Commissioner Simula indicated he understood the Council did meet and establish a plan that was not made known to the public. Hoeft indicated the meetings were public work sessions scheduled prior to the regular council meetings. Councilmember Buesgens agreed it would be beneficial to have a consistent plan to address the entire process. Commissioner Simula indicated he sees two issues with the process. The first being the fact that some issues were not addressed by the council, because they were waiting to have the fifth member seated. The second being the tie votes, which implied the City Council has weak leadership. President Smith summarized the issues include the length of the process, the lack of a detailed plan and a process to address consistent tie votes. Commissioner Anderson suggested allowing the mayor to appoint in the event of a tie. Commissioner Penniston inquired about adopting a resolution, rather than amending the Charter. Hoeft stated the Charter is a good place to address vacancies, resolutions can change too frequently. Commissioner Laine asked the group to think about ranked choice voting. Laine indicated it can be difficult to follow along at a meeting if items are not voted on in the prescribed manner and suggested adding the requirement that the Mayor and Council receive parliamentary procedure training. Hoeft reported that the procedure does not dictate the substance of the process. President Smith suggested commissioners submit any suggestions or questions to him or the City Clerk prior to the July meeting. July 19, 2018 Charter Commission Minutes Excerpt A. Discussion of Council Appointment Process. President Smith distributed a summarized schedule of the current appointment process for a vacant council seat. Commissioner Laine contacted the City of Richfield, and reported that they hold a Special Election to fill a vacancy on the council, if there are more than 180 days remaining in the term. President Smith clarified that any proposed changes to the current charter, would not take effect for the 2018 election. Smith then asked the commission for feedback regarding the vacancy process. Commissioner Ahlers asked if the number of council members could be increased, noting that filling a vacancy may not be as urgent. President Smith indicated that a Special Election would be less costly. Commissioner Laine suggested the council process could be shortened. Commissioner Ahlers asked Councilmember Buesgens if the council had adequate time to review the applicants in 2016. Buesgens indicated that in her opinion the process was drawn out. Commissioner Laine shared information from Commissioner Simula, suggesting utilizing rank choice voting, for the appointment process. President Smith asked the commission to consider if this is something that needs to be addressed, or if our current procedure is adequate. Commissioners Laine and Schluender suggested a Special Election option be considered. Commissioner Abel stated his opinion that the current procedure works, noting in 2016 there were a high number of qualified candidates. Laine indicated that the appointment process gives the council the decision of something that should be made by the voters. President Smith summarized that the following considerations will be discussed at the October meeting: • Looking at the process followed by other cities; specifically Richfield. • How is it structured? • Have they utilized the process? • What section of the Charter would be affected? • The incorporation of rank choice voting, if a Special Election is held. President Smith stated rank choice voting could be considered as an option for a Special Election, to learn more about it. Commissioner Jacobs requested that cities used in comparisons be of similar size. Commissioner RL Frost Simula July 20, 2017 Proposed amendments to: CHAPTER 2 FORM OF GOVERNMENT Section 9, VACANCIES IN THE COUNCIL … 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 35 days from the date of said resolution. The council shall interview each of the applicants within 14 days from the close of the application period, and shall conduct said interviews in an agreed upon uniform manner as a council. After said 14 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. Such appointment will be determined by ranked vote, with each seated council member casting no more than 3 votes each. Should the ranked vote result in a tie, the mayor shall make an appointment from the final two applicants. The individuals so appointed shall fill said vacancy until the next regular municipal election... Schedule for filling City Council vacancies Current Proposed Council resolution read, city hall & newspaper postings begin January 9, 2017 January 9, 2017 City hall posting ends January 23, 2017 January 23, 2017 Newspaper posting ends (latest possible date) February 8, 2017 February 8, 2017 Last application received, interviews begin February 23, 2017 February 13, 2017 Interview period ends, council deliberations begin March 25, 2017 February 27, 2017 Final appointment April 9, 2017 March 14, 2017 Proposed Changes for Council Appointment Process KT Jacobs 1/7/20 Here is what I would like to suggest for the Appointment process for Council vacancies. I believe the process in place is fine with the exception of the time line. In an attempt to keep is simple I would present the following change: If vacancy is the result of an election outcome, an appointment should be finalized no later than 30 days from the January Council meeting of Oath of Office following the election; if the vacancy is the result of other circumstances the appointment should be finalized no later than 60 days from the date of the resignation or vacancy, whichever occurs first. Reasons supporting the changes presented:  Rather than burdening the Council with each piece being accomplished at a particular time – remove those restrictions and give the latitude to go from beginning to end in a specified envelope of time, allowing Council to streamline the process;  If vacancy is result of an election, applications can be secured in November and December for the new Council to begin their review after they are (re)instated by Oath of Office; current time lines can result in an approximate loss of as much as 25% of a 2-year term having a substantial effect accomplishing City business and on the adequate representation of the constituency;  If vacancy is the result of other circumstances, 60 days would allow for both the application process and appointment within similar timelines as for an election vacancy. CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION 2019 ANNUAL REPORT MEMBERSHIP: The following members served in 2019: Matt Abel Bill Hugo Joe Schluender Kathy Ahlers KT Jacobs Frost Simula Ramona Anderson Tom Kaiser Gregory Sloat Tyler Eubank* Carolyn Laine Steve Smith Rob Fiorendino Patrick McVary Susan Wiseman *Appointed in 2019 Commissioner Steve Smith was reappointed in 2019. Mayor Donna Schmitt served as the Council Liaison for 2019. Currently, there are 15 commissioners. OFFICERS: The following members served as officers for the Charter Commission in 2019: President: Steve Smith Vice President: Frost Simula Secretary: Matt Abel MEETINGS: The Charter Commission held three meetings in 2019; January 17, July 18, and October 17. ISSUES DISCUSSED: The Commission discussed the following issues in 2019: Proclamations: The Charter Commission discussed the issue of proclamations in response to the decision of the Mayor to not issue a proclamation that was requested. Charter Commission Steve Smith clarified that proclamations are not a part of the charter or state statute. Commission members inquired about the City Council issuing a proclamation. City Attorney Jim Hoeft provided an overview of what a proclamation is. He stated that Proclamations are issued by the Mayor as the ceremonial head of the City and are completely under the purview of the Mayor. Hoeft added that if members of the City Council feel differently, they can make a motion or pass a resolution, but do not have the authority to issue a proclamation. Hoeft also noted that a proclamation is a ceremonial document that does not create, convey, modify, or terminate any rights. This was a discussion only and no action was taken. Modernizing the Charter Amendment Process: The Charter Commission discussed two policies related to charters proposed by League of Minnesota Cities to use as a basis for advocating to the state on behalf of municipalities. Mayor Schmitt provided information. The first one was to allow cities to modify liquor provisions in the charter though an open and transparent process that does not require an election. It was noted that this is not applicable to the City of Columbia Heights as there are not any liquor provisions in the charter. The second one was to clarify language regarding voters for charter amendment petitions. Specifically that petition signatures must be from eligible voters who are active status on the statewide registration system at the time of the petition verification. Charter Commissioners did not have any comments. This was a discussion only and no action was taken. Respectfully Submitted, ___________________________________ Nicole Tingley, City Clerk/Recording Secretary AGENDA NEW BUSINESS ITEM NO. 8B MEETING DATE JANUARY 16, 2020 CITY OF COLUMBIA HEIGHTS – CHARTER COMMISSION ITEM: Review City Charter DEPARTMENT: Administration BY/DATE: Nicole Tingley/January 9, 2019 BACKGROUND: In the past the Charter Commission has reviewed the City Charter divided into sections on a regular basis. Charter Commission President Steve Smith would like to discuss resuming this. Also please bring any suggestions of areas/sections/topics of the City Charter that you think should be reviewed by the Charter Commission.