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Home My WebLink About07-19-2018 Charter Commission Packet Mayor Donna Schmitt Councilmembers Robert A. Williams John Murzyn, Jr. Connie Buesgens Nick Novitsky City Manager Walter R. Fehst 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 kbruno@columbiaheightsmn.gov, to make arrangements. * A QUORUM OF THE COUNCIL MAY BE PRESENT Meeting of the Charter Commission July 19, 2018 7:00 p.m. City Hall-Conference Room 1 1. Call to Order 2. Roll Call/Status of Membership 3. Approval of Agenda 4. Approval Minutes of April 19, 2018 5. Correspondence 6. Old Business A. Discussion of Council Appointment Process. 7. New Business- None Next Meeting Date: October 18, 2018 at 7:00 P.M., City Hall Conference Room 1 MINUTES OF THE CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION APRIL 19, 2018 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. Roll Call/Status of Membership Members present: Steve Smith, Matt Abel, Kathy Ahlers, Ramona Anderson, Bill Hugo, Roger Johnson, Tom Kaiser, Gregory Sloat, Frost Simula, and Carolyn Laine (arrived at 7:29) Members absent (excused): Susan Wiseman, Eric Penniston, Mike Patiuk, James Guy and Rob Fiorendino Also in attendance: City Attorney Jim Hoeft, Council Liaison Connie Buesgens, and City Clerk/Recording Secretary Katie Bruno President Smith announced Eric Penniston and James Guy have resigned from the Commission. Commissioner Roger Johnson announced he will be resigning, he is moving out of the City. Approval of Agenda Motion by Commissioner Abel, seconded by Commissioner Simula to approve the agenda as presented. Motion passed unanimously. Approval of Minutes Motion by Commissioner Abel, seconded by Commissioner Sloat to approve the minutes from the January 18, 2018 meeting. Motion passed unanimously. Correspondence - None Old Business A. Update regarding Council action; Chapter 2-Section 7; Elective offices (changing the term of the Mayor from two years to four years.) President Smith reported the City Council considered the Ordinance (1643) at their February 12th meeting. Councilmember Buesgens reported the council voted 4-1 to deny the ordinance, the 4 opposing councilmembers stated they would prefer any decision to change the term of the Mayor be made by the voters. City Attorney Jim Hoeft explained the Charter Commission has three options; make no changes, make a substantive change to the original recommendation and send back to the Council for consideration, or the Charter Commission could authorize the item be placed on the ballot. Commissioner Ahlers commented that she thinks the item should be a ballot question, being that this is a regular election year, costs would be minimal. Commissioner Anderson commented that there has not been any issues in the past with the two year mayoral term, and sees no reason to make a change. Motion by Commissioner Anderson, seconded by Commissioner Sloat to leave the Charter as is. 4 Ayes, 5 Nays, Motion failed. Charter Commission Meeting April 19, 2018 Page 2 of 3 Ayes: Abel, Anderson, Sloat, Smith. Nays: Ahlers, Hugo, Johnson, Kaiser, and Simula. Motion by Commissioner Johnson, seconded by Commissioner Ahlers to place the item on the ballot for the next regularly scheduled election. 7 Ayes, 2 Nays, Motion carried. Ayes: Abel, Smith, Ahlers, Hugo, Johnson, Kaiser, and Simula. Nays: Anderson, Sloat B. Second Reading of Chapter 2-Sections 10 and 53; the Mayor’s direction of the Police Department President Steve Smith clarified that the Charter Commission adopted a first reading of the item at their January 18th meeting. The second reading is being proposed tonight, the language is as follows: Section 10. THE MAYOR. 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. And Section 53. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs. except that the police department and the enforcement of the laws pertaining to said department shall be under the sole control of the mayor. Commissioner Kaiser stated he is not in favor of the change, as it limits the Mayor’s power. Commissioner Ahlers clarified that it is her understanding that the Mayor has historically delegated the management of the Police Department to the City Manager, and this would allow the “form to fit the function.” Commissioner Anderson stated that the mayor is elected by the residents, and the City Manager is appointed, and difficult to terminate, requiring a unanimous vote by the council. City Attorney Jim Hoeft clarified that a majority of the council can terminate the City Manager’s employment contract. Commissioner Hugo stated he feels the City Manager would likely have more skills in personnel matters and management of staff than an elected Mayor would have. Smith indicated that the majority of charter cities surveyed have the Police Department under the direction of the City Manager. Motion by Commissioner Smith, seconded by Commissioner Hugo to take the direction of the Police Department from the Mayor to the City Manager. 6 Ayes, 3 Nays. Motion Carried. Ayes: Abel, Smith, Ahlers, Hugo, Johnson, and Simula. Nays: Anderson, Kaiser, and Sloat C. Discussion of Council Appointment Process. President Smith reported that the Chief Judge makes the appointments to the Charter Commission. City Attorney Hoeft indicated he was contacted by the judge, and asked to submit the names of candidates together, rather than individually. Hoeft also clarified that interested applicants should submit an application; to the City even if they have done so in the past. There was a lengthy discussion regarding whether applications should be submitted to the City or directly to the Chief Judge. Hoeft indicated the Chief judge has requested all applications go through the City. New Business Commissioner Simula requested his suggestions from July 2017 regarding council vacancies be added to the July agenda. Commissioner Smith requested commissioners submit any ideas for the upcoming agenda. Commissioner Ahlers suggested the consideration of rank choice voting be added to the next agenda. Charter Commission Meeting April 19, 2018 Page 3 of 3 Adjournment Motion by Commissioner Abel, seconded by Commissioner Simula to adjourn. All Ayes, Motion carried. Meeting adjourned at 7:46 p.m. Respectively Submitted, ____________________________________ Katie Bruno, City Clerk/Recording Secretary 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) 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