HomeMy WebLinkAbout07-21-2022 Charter Commission Packet
CHARTER COMMISSION
Public Safety Building—Training Room, 825 41st Ave NE
Thursday, July 21, 2022
7:00 PM
AGENDA
ATTENDANCE INFORMATION FOR THE PUBLIC
Members of the public who wish to attend may do so in-person, by calling 1-312-626-
6799 and entering meeting ID 885 1238 4309 or by Zoom
at https://us02web.zoom.us/j/88512384309. For questions please call the Administration Department
at 763-706-3610.
CALL TO ORDER
ROLL CALL/STATUS OF MEMBERSHIP
1. Current Opening on Charter Commission as Commissioner Schluender Did Not Reapply,
Application Sought Through 7/31/22.
APPROVAL OF AGENDA
APPROVAL OF MINUTES
2. Approval of April 21, 2022 Meeting Minutes.
CORRESPONDENCE
OLD BUSINESS
3. City Council Vacancies (Chapter 2 Section 9).
First Reading of Amendment to Chapter 2, Section 9.
NEW BUSINESS
ADJOURNMENT
Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is
made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements.
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CHARTER COMMISSION
Public Safety Building—Training Room, 825 41st Ave NE
Thursday, April 21, 2022
7:00 PM
MINUTES
CALL TO ORDER
Charter Commission President Steve Smith called the April 21, 2022 meeting to order at 7:00 pm.
ROLL CALL
Members present: Matt Abel, Kathy Ahlers, Larry Betzold, Tyler Eubank, Ben Harris, Bill Hugo, Cliff
Johnson, Carolyn Laine, Joe Schluender, Frost Simula, Steve Smith, Susan Wiseman, Nick Zeimet.
Members absent: Ramona Anderson, Gregory Sloat.
Also in attendance: City Attorney Jim Hoeft, City Clerk / Recording Secretary Sara Ion.
STATUS OF MEMBERSHIP
1. Reappointment of Commissioner Ahlers and Hugo.
City Clerk Ion stated that all paperwork was in order and filed for Commissioners’ Ahlers
and Hugo to continue their service.
2. Appointment of Commissioner Larry Betzold to Fill Position Left Vacant by Commissioner
Kaiser.
Commissioner Betzold introduced himself to the group and was welcomed as a new
member.
3. Election of 2022 Officers.
Commissioner Smith and Laine were nominated for President. A roll call vote was
conducted, and the votes were as follows: 7 votes for Smith (Abel, Betzold, Eubank, Harris,
Johnson, Schluender, Smith), 6 votes for Laine (Ahlers, Hugo, Laine, Simula, Wiseman,
Zeimet).
Commissioner Abel and Laine were nominated for Vice President. A roll call vote was
conducted, and the votes were as follows: 9 votes for Laine (Ahlers, Betzold, Eubanks,
Hugo, Laine, Schluender, Simula, Wiseman, Zeimet), 4 votes for Abel (Abel, Harris, Johnson,
and Smith).
Commissioner Simula was nominated for Secretary. There were no other nominations, and
Commissioner Simula accepted the nomination.
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City of Columbia Heights MINUTES April 21, 2022
Charter Commission Page 2
The Charter Commission Officers for 2022 will be President Smith, Vice President Laine,
and Secretary Simula.
APPROVAL OF AGENDA
Motion by Commissioner Abel, seconded by Commissioner Harris, to approve the agenda. Motion
passed unanimously.
APPROVAL OF MINUTES
Motion by Commissioner Simula, seconded by Commissioner Abel, to approve the October 21, 2021
Meeting Minutes. Motion passed unanimously.
CORRESPONDENCE
There was no correspondence at this time.
OLD BUSINESS
City Council Vacancies (Chapter 2 Section 9).
President Smith asked the City Clerk to present information related to what a special election would
look like for the City of Columbia Heights.
City Clerk Ion presented information related to a vacancy occurring beginning of a new year. A special
election cannot be called for after March 31st during an election year. She stated that there are many
other cities in Minnesota who are looking to revert to what the City of Columbia Heights has in place. A
special election necessitates the same amount of attention and resources as a regular election does
per our City Charter.
Commissioner Harris posed a question related to when special elections can be held. He clarified that
there are specific dates when a special election can be held and that these dates are dictated by State
Statute.
Clerk Ion also reviewed the current timeline in the Charter for appointment when a vacancy occurs.
President Smith stated that the timeline for appointment has also been a big topic of discussion.
Clerk Ion stated that the timeline, budget, and staffing needs for a special election look a lot like the
general election we are holding this year. All the polling locations, election judges, election assistant,
public works staff, and administrative needs are the same for a special election.
Commission Harris asked about the costs and budget needed for a special election.
Clerk Ion clarified that yes, the city would need to start budgeting for a special election now if this is
something that the Charter Commission would want to add to the Charter. The cost related to a special
election would be similar to a regular election. The Council would need to plan ahead and have this
added to the budget.
Commission Johnson asked how long a seat would be open if there was a special election to fill a
vacancy.
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City of Columbia Heights MINUTES April 21, 2022
Charter Commission Page 3
Commissioner Laine stated that there may be confusion between an appointment and a special
election. There was clarification that currently an appointment would occur within 100 days with the
current Charter language. She asked if the Commission wants to make the time to appoint shorter, and
if the Commission would like the voters to have a choice on who is serving on the Council with a special
election after an appointment is made.
Commission Johnson stated that he was under the assumption that they were replacing the
appointment process with a special election at the last meeting.
Commissioner Laine stated that when she reviewed the last meeting minutes, she had a hard time
following what the conversation was that the Commission was having. Therefore, she is clarifying what
action the Commission wants to take.
Commissioner Harris also stated that there is also a conversation related to how to handle what
happens when a tie occurs.
Commissioner Laine stated that there is some language proposed to address when a tie occurs in the
packet.
Commissioner Simula stated discussion of having a special election is moot because it is part of the
Charter. It is called for if there is two years remaining in the term. The Council can call for a special
election.
Commission Ahlers stated that she did not feel that the budget for an election is a big concern and is
only a small fraction of the large city budget.
Commission President Smith asked for City Attorney Hoeft to address the Commission as well about
Special Elections.
City Attorney Hoeft stated that the conversation did start with shortening the appointment time
frame. There has also been ongoing conversations related to special elections. Councilmembers are
elected to four-year terms, and if a vacancy was to occur at the beginning of a four-year term there
would be an appointment made and then and election for their position at the next regularly
scheduled election to fill their open seat. What the City Clerk is alluding to, is that we do not know
when an opening may occur on the Council, or when an election will need to occur. Even if there is
language in the Charter, it maybe unnecessary because there could be an election in a time shorter
than two years. There could be situations where special election could not be held because of the
timelines are not aligned with the general election.
City Clerk Ion clarified that there if Commission were to move forward with special election language
there could be situations where a special election is held and a councilmember is sworn in for six to
eight months, and a general election is held again for that council seat.
Commissioner Harris clarified that we would need to make sure that special elections were always
budgeted for.
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City Clerk Ion clarified that this was correct. She clarified that the timeline for elections, staffing and
budget are something that need to be considered when adding special election to the Charter.
Budgeting for this impacts the city in a lot of different ways.
Commissioner Ahlers asked for clarification on how often money is reallocated by the City Council to
cover an unexpected expense.
Attorney Hoeft stated that the availability of funds is not an issue. If the Charter is changed to add a
special election. The Council would set a new fund and could pre-fund a special election right away. If
the Council did not pre-fund a special election, there could be an interfund transfer if needed. This
would need a four fifth vote of the council, because it is a modification of the budget.
Commissioner Ahlers asked how often modifications of the budget were completed by the Council.
Attorney Hoeft stated it was possible this is done less than four times a year.
Commissioner Smith Clarified the current appointment process that is currently set in the City Charter.
Commissioner Harris stated that by adding a special election process we are becoming beholden to
State Statutes and would need to hold special elections at specified times.
Commissioner Johnson asked if we need to wait for the actual vacancy to occur in the Council.
Attorney Hoeft stated, yes we do.
Commissioner Simula stated that there is language in the packet that establishes shortening the
appointment language and adding special election language at the discretion of the council.
Commissioner Harris feels that carrying the budget and preparing for staffing for a special election is a
concern for having the special election language in the Charter.
Commission President Smith asked for clarification on the appointment process and asked about
putting the special election language aside.
Commissioner Wiseman confirmed that she would like to move forward with tightening the language
for appointment, since there is language related to special, elections existing in the Charter.
Commission President confirmed this language.
Commissioner Harris clarified the timeline.
Commissioner Ahlers was unsure if the language was being changed to “shall” have a special election
to “must” have a special election.
City Clerk Ion read the language in the City Charter, Chapter 4, Section 29 into the record:
“SPECIAL ELECTIONS. The council may by resolution order a special election, fix the time of holding the
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Charter Commission Page 5
same, and provide all means for holding such special election. The procedure at such election shall
conform as nearly as possible to that herein provided for other municipal elections.”
Commissioner Harris read the proposed amendments from the packet into the record:
“Special elections must be held at the earliest date possible under state law. Candidates must file for
office no later than four weeks before the election. If a special election occurs in the same year
as a regular municipal election, the council may at its option schedule the special election to
occur in conjunction with the regular municipal election rather than at the earliest possible date
under state law.”
Commissioner Laine stated that she would like to make a motion to shorten the process from 105 days
to 45 days to make an appointment to the Council when there is a vacancy.
Attorney Hoeft stated that he would like the entire motion to read. Wiseman seconded the motion.
Commissioner Laine stated her motion:
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 posted in a designated city
publication for a period of two (2) weeks as soon as possible after the date of the adoption of said
resolution. 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. At its option, the
council may interview each of the applicants and shall conduct said interviews in an agreed upon
uniform manner as a council. The council shall make its appointment from the pool of applicants within
forty-five (45) days of the vacancy resolution, whether done so at a regular council meeting or a special
meeting. If the council fails to make the appointment within forty-five (45) days, or, if before the end of
the forty-five (45) days, votes three times on the appointment and is unable to fill the vacancy, the
mayor must, within fifteen (15) days, appoint a person from the remaining applicants under
consideration to fill the vacancy. The individuals so appointed shall filled said vacancy until the next
regular state or municipal election.
Commissioner Harris clarified where the motion ended.
Commissioner Laine stated that the language of the motion did not include anything related to a
special election, just what was read.
Commissioner Johnson clarified that there will be additional conversation about the motion.
Attorney Hoeft stated that the motion has been made and seconded. The motion has been made to
change the timeline for appointment and for the mayor to be able to make the appointment if there is
a tie.
Commissioner Laine pointed out that Statutory Cities do allow the mayor to appoint when there is a
tie.
Commissioner Ahlers asked for clarification on what occurred the last time when there was tie.
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City of Columbia Heights MINUTES April 21, 2022
Charter Commission Page 6
Attorney Hoeft stated that there were seven votes, and the Council made the determination on who
they would vote to appoint. The mayor did not break the tie.
Commissioner Johnson stated that he does not like the mayor having the ability to have a tie breaking
vote.
Commissioner Schluender stated that the mayor would be deciding between two candidates when
breaking a tie vote.
Commissioner Smith stated we were coming to an hour, and he asked for people to consider the
motion that was made.
Commissioner Laine stated that the new proposal is that we are dropping of the language of the
special election and moving forward with the tightening of the language of the appointment time
period.
Commissioner Wiseman called the question, for the first reading on July 21, 2022. Commissioner Abel,
Ahlers, Betzold, Eubank, Harris, Hugo, Laine, Schluender, Simula, Smith, Wiseman, Zeimet voted Aye.
Commissioner Johnson voted Nay. The motion passed.
NEW BUSINESS
Motion by Commissioner Ahlers, seconded by Commissioner Able to approve the 2021 Charter
Commission Annual Report. All Ayes.
ADJOURNMENT
Motion by Commissioner Laine, seconded by Commissioner Harris, to adjourn the meeting. All Ayes.
Meeting adjourned at 8:15pm.
Respectfully Submitted
_______________________________________
Sara Ion, City Clerk/Recording Secretary
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Item 2.
CHAPTER 2
FORM OF GOVERNMENT
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 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
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Item 3.
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)
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CHAPTER 2
FORM OF GOVERNMENT
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. VACANCIESIN THECOUNCIL.A vacancy in the councilshallbe deemedto
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. Ineach such case, at the next regular meeting following receiptof noticeby the councilof
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 postedpublished in a designated publication 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 submittedto city hall,
to the attentionof the City Clerk, within 45 days from the date of said resolution. At its option,
Tthe council mayshall 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, tThe council shall make its appointment from the pool of
applicants within 15 forty-five (45) days of the vacancy resolution, whether done so at a regular
council meeting or aspecial meeting.If the council fails to make the appointment within the forty-
five (45) days, or, if before the end of the forty-five (45) days, votes three times on the appointment
and is unable to fill the vacancy, the mayor must, with fifteen (15) days, appoint a person from the
remaining applicants under consideration to fill the vacancy.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
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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)
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Item 3.