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HomeMy WebLinkAbout11-10-2025 Special City Council Meeting - Closed Executive Session Packet SPECIAL CITY COUNCIL MEETING - CLOSED EXECUTIVE SESSION FOR CITY MANAGER REVIEW Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Rachel James Justice Spriggs Laurel Deneen City Manager Aaron Chirpich City Hall—Shared Vision Room, 3989 Central Ave NE Monday, November 10, 2025 5:30 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC This meeting is closed pursuant to Minn. Stat. § 13D.05,Subdivision 3(a) and members of the public will not be able to attend. For questions please call the Administration Department at 763 -706-3610. CALL TO ORDER/ROLL CALL MISSION STATEMENT Columbia Heights is a vibrant, healthy and connected City. We are here to actively support the community, deliver equitable services, build and strengthen connections, improve upon our past, and uphold our successes. We strive to be better and ensure Colum bia Heights is a great place for everyone, today and in the future. Columbia Heights City Council and Staff Norms. While we are accountable to each other for these norms, the Mayor and City Manager will help us adhere to them with respectful reminders and reinforcement as needed. EXECUTIVE SESSION 1. Executive Session: City Manager Performance Evaluation. Closed per Minn. Stat. 13D.05, Subdivision 3(a). 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. 1 Columbia Heights City Council and Staff Norms While we are accountable to each other for these norms, the Mayor and City Manager will help us adhere to them with respectful reminders and reinforcement as needed. Behavioral Norms 1. We will assume others best intentions. 2. We will exercise humility. 3. We will praise publicly and criticize privately. 4. We will focus on the policy and not personalities. 5. We will do our best to de-escalate contentious interactions. 6. We will provide reasonable notice to the Mayor and City Manager of any changes or additions we wish to make at a Council meeting so that the Mayor is prepared to manage the meeting. 7. We will show respect for one another by: a. Paying attention to others when they are speaking. b. Not interrupting others. c. Listening to understand others, not simply to respond to them. d. Honoring each other in public and protecting one another in their absence. e. Not bullying others. Operational Norms 1. Council members and staff will respect the Mayor’s role to chair our meetings by: a. Waiting to be called on before speaking so that others can consider our contributions. b. The Mayor and City Manager will bring closure to policy discussions, public comment, and other similar “final word” situations. 2. Once a decision has been made by the Council, we will support the implementation of that decision even if we did not support the decision itself. 3. If Council has a request of staff, they will direct their request to the City Manager and the Division Director for coordination with staff unless the City Manager decides otherwise. 4. If Council has a question about a staff member, they will raise that with the City Manager privately before raising it publicly. 5. When Council is considering a topic, it is incumbent upon Council members to ask sufficient questions to ensure they are making informed decisions. 6. Council and staff will address each other by their titles when engaging each other in any official capacity and will use first names in informal settings. 2 ITEM: Executive Session: City Manager Performance Evaluation. Closed per Minn. Stat. 13D.05, Subdivision 3(a). DEPARTMENT: Administration BY/DATE: Sara Ion / November 3, 2025 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Community that Grows with Purpose and Equity X High Quality Public Spaces X Safe, Accessible and Built for Everyone X Engaged, Effective and Forward-Thinking X Resilient and Prosperous Economy X Inclusive and Connected Community CLOSED EXECUTIVE SESSION SCRIPT: May I hear a motion (and a second) to go into a closed meeting pursuant to Minnesota Statue Section 13D.05, Subdivision 3(a) to evaluate the City Manager’s performance. Motion Second Vote The date is November 10, 2025. It is ____ p.m. This is a closed meeting held pursuant to Minn. Stat. Sec. 13D.054, Subd. 3(a) to evaluate the City Manager’s performance. Present are: (name all present) Now that the discussion for Agenda Item 1 is completed, can I hear a motion (and a second) to reconvene the open session? Motion Second Vote We will now re-convene the open session. ATTACHMENTS: City Attorney Memo re Closed Session for City Manager Review Procedure CITY COUNCIL MEETING AGENDA SECTION EXECUTIVE SESSION MEETING DATE NOVEMBER 10, 2025 3 Item 1. 1 MEMORANDUM TO: Columbia Heights Mayor, City Council and Human Resources Director FROM: Scott Lepak, City Attorney RE: Process for Closed Meeting to discuss the City Manager's performance evaluation DATED: November 5, 2025 The City Manager has an upcoming review of his performance over the prior year and Council will be reviewing this in a closed portion of the regular meeting occurring on November 10, 2025. This memorandum is intended to assist in the process associated with this meeting. The applicable law is at Minn. Stat. Sec. 13D.05: Subd. 3.What meetings may be closed. (a) A public body may close a meeting to evaluate the performance of an individual who is subject to its authority. The public body shall identify the individual to be evaluated prior to closing a meeting. At its next open meeting, the public body shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of the individual who is the subject of the meeting. https://www.revisor.mn.gov/statutes/cite/13D.05 As an aside, the City Manager has not and has indicated he will not be requesting that this be an open meeting. The process will be as follows: 1. The Human Resources Director has received all of the evaluations back that were distributed and is compiling the responses into a document for Council consideration and convenience. 2. The November 10, 2025 agenda will include the following: Closed meeting pursuant to Minn. Stat. Sec. 13D.05, Subd. 3 to evaluate the performance of the City Manager. 3. At the time for consideration of the agenda item, the following is requested during the open meeting: Mayor – our next agenda item is listed as a closed meeting to evaluate the City Manager’s performance. I am looking for a motion and second to go into a closed meeting pursuant to Minnesota Statutes Section 13D.05, Subdivision 3(a) to evaluate the City Manager’s performance. 4 Item 1. 2 Motion, Second Vote 4. The meeting will then take place in an area that is not open to the public at the time of the discussion. 5. The City Manager will not be present at this closed meeting in order to allow candid discussion by the Council. 6. The City Attorney will be outside of the meeting but available as needed for procedural or legal questions. 7. The City Clerk will go into the start of the meeting to assist with the recording of the meeting and will leave after assuring the meeting is being recorded and the initial information is included on the recording. The recording must be kept for at least three years after the meeting. 8. The closed meeting will start with a brief statement from either the Mayor or the City Clerk: The date is November 10, 2025. It is ____ p.m. This is a closed meeting held pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(a) to evaluate the City Manager’s performance. Present are: (name all present) 9. The Council will discuss the evaluation. The Council will arrive at its evaluation determination upon review of the materials provided by the Human Resources Director with a goal of consensus. There does not need to be a motion where a determination is arrived at through consensus. The City Manager’s contract has the following provision related to the performance review: Annual Employee performance reviews shall be reasonably related to the Employee’s written job description and shall be based on goals for the Employee’s performance that are jointly developed. Employer shall provide Employee with a summary written statement of the evaluation and provide Employee an opportunity to discuss the evaluation with the Council. The City Manager contract has a provision related to a wage increase in his contract. The City Manager’s current wage is $182,000. The relevant part of the contract provides: 5 Item 1. 3 Based on Employee’s performance at the 12-month review, and annually thereafter for the term of this Agreement, the City Council agrees to consider a 3.0% merit increase of the Employee’s annual base salary. If the City Council fails to complete an annual review in a timely manner (one month from the anniversary of the effective date of this agreement and annually thereafter), then the Employee will automatically receive the 3.0% merit increase described above. This agreement will be deemed to have been amended automatically to reflect any salary adjustments that are made to the base salary of the Employee. The Cost of Living Adjustment (COLA) will be the same for Employee as enjoyed by other management employees. The general COLA for other management employees is four percent (4%). This would result in a salary of $189,280. The Council will need to determine whether to provide the three percent (3%) merit increase. This would result in a salary of $194,958.40. 10. The Council will return to the open meeting and resume the next order of business (or if no order of business is remaining, move to adjourn). 11. At the next open meeting, the Council must summarize its conclusions regarding the evaluation and make the salary determination. a. The City Attorney will assist with this communication so that private or confidential data is not released in its summary. b. For 2025, the summary will also note the City is utilizing a new system for evaluation so scores or summaries from prior years or prior City Managers will not translate for comparison purposes. c. The requested council action will also include the salary increase determined by the City Council (note the COLA is automatic so the issue would be the merit). 4776186.1 6 Item 1.