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HomeMy WebLinkAbout10-16-2025 Charter Commission Packet ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person. For questions, please call the Administration Department at 763-706-3610. Call to Order Roll Call/Status of Membership Approval of Agenda Approval of Minutes 1. Approval of July 17, 2025 Meeting Minutes Correspondence Old Business 2. Second Hearing of Charter changes on Recall and related areas New Business 3. Motion on Mayoral duties and term Adjournment Please email President Laine at carolynlaine@gmail.com if you cannot attend. 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. CHARTER COMMISSION Columbia Heights City Hall, 3989 Central Ave NE, Shared Vision Thursday, October 16, 2025 7:00 PM AGENDA Call to Order Roll Call/Status of Membership Members present: Kathy Ahlers, Wolid Ahmed, Larry Betzhold, Christine Brown, Ben Harris, Leo James, Veronica Johnson, Carolyn Laine, Julie Rose, Frost Simula, Marsha Stroik, Susan Wiseman Members absent: Excused: Matt Abel, Bill Hugo Unexcused: Wolid Ahmed Also Present: Council Liaison Laurel Deneen, City Attorney Travis Lutz 1. Reappointment of Commissioner Harris Approval of Agenda Motion by Betzhold to approve, second by Wiseman. Motion passes. 2. Approval of April 10, 2025 Meeting Minutes Motion by Johnson, second by Brown. Motion passes. Correspondence Copy of letter from City Manager Aaron Chirpich regarding Board and Commission Training. Old Business 3. Changes to Recall elections, vacancies President Laine pointed out that current state laws mandate specific dates and processes for elections. These dates pose scheduling challenges when a recall and the election of a replacement are combined on the same ballot. Commissioner Abel mailed a suggestion to align the recall process with the existing process for filling a vacancy. President Laine agreed and proposed to simplify the recall into its own election, thereby allowing a vacancy to be filled according to the existing process. CHARTER COMMISSION Columbia Heights City Hall, 3989 Central Ave NE, Shared Vision Thursday, July 17, 2025 7:00 PM DRAFT MINUTES The proposal included the following changes: Chapter 5. Initiative, Referendum, and Recall Section 52. Form of Recall Ballot. Unless the officer whose removal is sought shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of the ballot at such election shall be as near as may be: "Shall A be recalled?" the name of the officer whose recall is sought being inserted in place of A, and the electors shall be permitted to vote separately "Yes" or "No" upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: "Candidates to fill the place of A, if recalled." But the officer whose recall is sought shall not be a candidate upon such ballot. In case a majority of those voting for and against the recall of any official shall vote in favor of recall, such official shall be thereby removed from office, and in that event the candidate who receives the highest number of votes for that office shall be elected thereto for the balance of the unexpired term. a vacancy shall be declared and shall be filled as set out in Section 9 of this charter. If the officer sought to be recalled shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of ballot at the election shall be the same as nearly as may be, as the form in use at a regular municipal election. Motion by Laine, second by Harris. Roll call vote: Ayes (11): Ahlers, Betzhold, Brown, Harris, James, Johnson, Laine, Rose, Simula, Stroik, Wiseman Nay (1): Sloat Motion passes. Chapter 2. Form of Government Section 9. Vacancies in the Council 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. Motion by Wiseman, second by James Roll call vote: Ayes (9): Ahlers, Betzhold, Brown, James, Johnson, Laine, Rose, Simula, Wiseman Nays (3): Harris, Sloat, Stroik Motion passes. Summary of all changes regarding recall Changes to Chapter 2 Form of Government Section 9, first hearing on July 17, 2025. “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.” Changes to Chapter 5 Initiative, Referendum and Recall New section, first hearing on October 17, 2024. “Section [#]. Right of Recall. The people of the City of Columbia Heights hereby reserve to themselves the right and power to remove from office at any time any or all of the elected officers of the City for malfeasance or nonfeasance in office in accordance with state law. For this purpose, the word ‘malfeasance’ means the performance of an act in their official capacity that is unlawful or wrongful, and the word ‘nonfeasance’ means the failure to act where there was a duty to act. The exercise of this power shall be designated as “the recall”.” Section 41, first hearing on January 16, 2025. “If the council shall fail to pass the proposed ordinance, or shall pass it on in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the council to vote of the electorate at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date soonest date that conforms with state law.” Section 44, first hearing on January 16, 2025. “In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more than forty-five days from the action of the council calling it at the soonest date that conforms with state law.” Section 48, first hearing on January 16, 2025. “Signatures must be from eligible voters who are on active status on the Statewide Voter Registration System at the time of the petition verification.” Section 50, first hearing on January 16, 2025. “The council shall at its next meeting, by motion, provide for the holding of a special recall election not less than thirty nor more than forty-five days thereafter, provided that if any other municipal election is to occur within sixty days after such meeting, the council may in its discretion provide for the holding of the recall election at that time at the soonest date that conforms with state law.” Section 52, first hearing on July 17, 2025. “Unless the officer whose removal is sought shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of the ballot at such election shall be as near as may be: "Shall A be recalled?" the name of the officer whose recall is sought being inserted in place of A, and the electors shall be permitted to vote separately "Yes" or "No" upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: "Candidates to fill the place of A, if recalled." But the officer whose recall is sought shall not be a candidate upon such ballot. In case a majority of those voting for and against the recall of any official shall vote in favor of recall, such official shall be thereby removed from office, and in that event the candidate who receives the highest number of votes for that office shall be elected thereto for the balance of the unexpired term. a vacancy shall be declared and shall be filled as set out in Section 9 of this charter. If the officer sought to be recalled shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of ballot at the election shall be the same as nearly as may be, as the form in use at a regular municipal election.” New Business Adjournment Motion by Sloat, second by Betzhold. Motion passes. Next meeting October 16, 2025 @ 7pm Oct. 16, 2025 Second Hearing for Proposed Charter changes to: Chapter 5 Initiative, Referendum and Recall: Section 41. ACTION OF COUNCIL ON PETITION. …. If the council shall fail to pass the proposed ordinance, or shall pass it on in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the council to vote of the electorate at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date soonest date that conforms with state law. …. (first hearing on January 16, 2025) Section 44. THE REFERENDUM. …. In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more than forty- five days from the action of the council calling it at the soonest date that conforms with state law. (first hearing on January 16, 2025) Section 47. THE RECALL. Right of Recall: The people of the City of Columbia Heights hereby reserve to themselves the right and power to remove from office at any time any or all of the elected officers of the City for malfeasance or nonfeasance in office in accordance with state law. For this purpose, the word ‘malfeasance’ means the performance of an act in their official capacity that is unlawful or wrongful, and the word ‘nonfeasance’ means the failure to act where there was a duty to act. The exercise of this power shall be designated as “the recall.” …. (first hearing on October 17, 2024) Section 48. RECALL PETITIONS. The petition for the recall of any official shall consist of a certificate identical with that filed with the city clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Signatures must be from eligible voters who are on active status on the Statewide Voter Registration System at the time of the petition verification. Each signature paper shall be substantially the following form: …. (first hearing on January 16, 2025) Section 50. RECALL ELECTION. If the petition or amended petition be found sufficient, …. The council shall at its next meeting, by motion, provide for the holding of a special recall election not less than thirty nor more than forty-five days thereafter, provided that if any other municipal election is to occur within sixty days after such meeting, the council may in its discretion provide for the holding of the recall election at that time at the soonest date that conforms with state law. (first hearing on January 16, 2025) Section 52. FORM OF RECALL BALLOT. Unless the officer whose removal is sought shall have resigned within ten days after the receipt by the Council of the completed recall petition, the form of the ballot at such election shall be as near as may be: “Shall A be recalled?” the name of the officer whose recall is sought being inserted in place of A., and the electors shall be permitted to vote separately “Yes” or “No" upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: “Candidates to fill the place of A, if recall.” But the officer whose recall is sought shall not be a candidate upon such ballot. In case a majority of those voting for and against the recall of any official shall vote in favor of recall, such official shall be thereby removed from office, and in that event the candidate who receives the highest number of votes for that office shall be elected thereto for the balance of the unexpired term, a vacancy shall be declared and shall be filled as set out in Section 9 of this Chapter. If the officer sought to be recalled shall have resigned within ten days after the receipt by the Council of the completed recall petition, the form of the ballot at the election shall be the same as nearly as may be, as the form in use at a regular municipal election. (first hearing on April 10, 2025) Chapter 2 Form of Government: SECTION 9. VACANCIES IN THE COUNCIL. [last sentence] 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. (first hearing on April 10, 2025) Motion regarding changes to Mayoral duties and term: First Hearing 1) City Manager controls and directs all departments, adding here the police department 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. 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. The city manager’s duties shall be: (a) To see that this charter and the laws, ordinances and resolutions of the city are enforced; (b) To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the departments, all appointments to be upon merit and fitness alone; (c) To exercise control over all departments and divisions of the city administration created by this charter or which may be hereafter created by the council except as herein provided; (d) To attend all meetings of the council, with the right to take part in the discussions but having no vote; but the council may at its discretion exclude the city manager from meetings at which the city manager’s removal is considered; (e) To recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the city’s affairs; (f) To keep the council fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budget; (g) To prepare and to submit to the council for adoption an administrative code incorporating the details of administrative procedures, and from time to time to suggest amendments to the same; and (h) To perform such other duties as may be prescribed by this charter or required of the city manager by ordinances or resolutions adopted by the council. ---------------------------------------------------------------------------------------------------------------------------- 2) Mayor’s term of office reverts to the same as all other council members 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 four years and until a successor is elected and qualified. The council shall be judge of the election of the mayor and council members. Correspondence from Aaron Chirpich, City Manager and from LMC: (over) Fw: Charter City Petition Requirements Aaron Chirpich <AChirpich@columbiaheightsmn.gov> Tue, Sep 16, 2025 at 9:29 AM To: Carolyn Laine <carolynlaine@gmail.com> Cc: Amáda Márquez Simula <AMarquezSimula@columbiaheightsmn.gov> President Laine, (Council blind copied) Please see the notice from the League of Minnesota Cities in the email below. It looks like the City will need to update our Charter election petition format to align with state law. The League provides a good model for us to work with that is linked in their email. In addition to the petition changes detailed below, the City Council has interest in discussing some additional amendments to the Charter. At a recent work session, the Council discussed a desire to work with the Charter Commission to see if there is support for the following: • Mayoral Term Length: Currently, the Mayor serves a two-year term. Many cities across Minnesota and the nation have shifted to four-year Mayoral terms, which offer more stability, reduce the frequency and cost of campaigning, and allow for more consistent long-term planning. A longer term may also support deeper engagement with staff, residents, and regional partners. • Language Concerning Oversight of the Police Department: The Charter states that the Mayor has the “appointment, control, and direction of all police officers of the city.” In practice, however, this structure does not reflect how city operations are carried out. The Mayor appoints the Police Chief, but does not exercise control or direction over police personnel. The Police Chief reports to the City Manager, who oversees day-to-day operations, policy implementation, and departmental performance. Please let me know your thoughts on these items. The Council is very interested in the idea of a joint work session to discuss potential Charter amendments if the Commission wants to consider that option. Thank you for your dedication and service to the residents of Columbia Heights! Aaron Aaron Chirpich - MPA | City Manager City of Columbia Heights | Administration Department 3989 Central Avenue NE | Columbia Heights, MN 55421 achirpich@columbiaheightsmn.gov Direct: 763-706-3609 | Main: 763-706-3600 Correspondence from Aaron Chirpich, City Manager and from LMC: (over) From: Rosene, Josephine <JRosene@lmc.org> Sent: Tuesday, August 26, 2025 11:34 AM Subject: Charter City Petition Requirements Good afternoon, The League is reaching out to charter cities across the state to bring to attention an important compliance issue regarding requirements for petitions submitted by city residents. Under Minnesota Rule 8205.1010, all petitions for elections in the state must include a space for signatories to provide their year of birth. Petitions must include each signatory’s year of birth to confirm that each individual who signs the petition is in fact a qualified voter in the city. Upon review, it appears that your city’s current charter provisions and/or model petition forms may not include this required field. To ensure alignment with state regulations, the League recommends that charter cities notify their charter commissions of this requirement so they can consider any necessary updates to charter language and/or petition forms. The League recently developed a Proposed Petition model form that charter cities can use to guide any required updates to their charter provisions and/or model petition forms. You can find the model form, along with the recently updated Handbook for Minnesota Cities Chapter 4: The Home Rule Charter City, on the League’s website using this link: Handbook for Minnesota Cities Chapter 4: The Home Rule Charter City - League of Minnesota Cities. If you have any questions, please feel free to reach out to the League’s Research Department by email at research@lmc.org or by phone at (651) 281-1200. Thank you for your attention to this matter and for your continued commitment to maintaining transparent and compliant election procedures. Best, Josie Rosene (she/her) | Staff Attorney Phone: (651) 281-1205 jrosene@lmc.org League of Minnesota Cities | 145 University Ave. West | St. Paul, MN 55103 City of Columbia Heights | Administration 590 40th Ave NE, Columbia Heights, MN 55421 ▪ Ph: 763-706-3610 ▪ Fax: 763-706-3601 ▪ www.columbiaheightsmn.gov MEMORANDUM To: Charter Commission From: Kelli Bourgeois, City Manager Date: April 12, 2023 RE: Recommended Charter Amendments As you may know, I am leaving my position as city manager for Columbia Heights effective tomorrow. Before I leave, I wanted to share a couple Charter amendment suggestions I ask that you consider. I understand both of these items have been considered in the past but given the changes we have seen in the size and complexity of municipal operations I feel they both warrant consideration and action at this time. I discussed both these items with the Mayor and Council at their April Work Session so they are aware I of my recommendations as well. MAYOR OVERSIGHT OF THE POLICE DEPARTMENT The first item is amending Sections 10 and 53, removing the Mayor from overseeing the Police Department and making that a duty of the City Manager. I have the utmost respect for our current Mayor and the past Mayors I have worked for in Columbia Heights and this is not meant to be a slight to Mayor Márquez Simula or our previous Mayors. I believe with the complexities involved in policing in today’s world as well as the fact that most of the duties outlined as the Mayor’s role in Charter are delegated by Statute or Rule to the Chief Law Enforcement Officer (the Police Chief), and finally that any decision that impacts the budget must be made by the full City Council, the Mayor is ineffectual as the overseer of the Police Department. In addition, given these restrictions on the Mayor’s ability to act as the Charter states, I believe it puts the Mayor in a potentially contentious and unfair position with the public because the expectation is that the Mayor has carte blanche to do the will of the public whereas, the Mayor’s hands may be tied due to the Statutory and budget constraints identified. I recommend the Charter draft an Ordinance to be adopted by the City Council amending Sections 10 and 53 of the Charter to read: 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 Charter Commission Mayor Term and Police Oversight Memo April 12, 2023 Page 2 Page 2 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 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. The city manager’s duties shall be: (a) To see that this charter and the laws, ordinances and resolutions of the city are enforced; (b) To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the departments, all appointments to be upon merit and fitness alone; (c) To exercise control over all departments and divisions of the city administration created by this charter or which may be hereafter created by the council except as herein provided; (d) To attend all meetings of the council, with the right to take part in the discussions but having no vote; but the council may at its discretion exclude the city manager from meetings at which the city manager’s removal is considered; (e) To recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the city’s affairs; (f) To keep the council fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budget; (g) To prepare and to submit to the council for adoption an administrative code incorporating the details of administrative procedures, and from time to time to suggest amendments to the same; and (h) To perform such other duties as may be prescribed by this charter or required of the city manager by ordinances or resolutions adopted by the council. (Ordinance No. 1086, passed June 11, 1984) MAYOR TERM OF OFFICE The second item I’d like to ask you to consider is amending the Charter to change the mayoral term from two years to four years. Currently, the four councilmember terms are staggered 4 year terms with two seats open each election, and the mayor term is a 2 year term that is open at each election. It would make sense to change the mayor term to a four year term to 1) make it consistent with the other councilmember terms, and 2) to make the position more effective and reduce staff time needed to onboard a new mayor. Again, this is not meant to disparage our current or former mayors at all. Charter Commission Mayor Term and Police Oversight Memo April 12, 2023 Page 3 Page 3 Columbia Heights operates as a weak mayor form of government whereby the Mayor has no more power than any other Councilmember when it comes to votes and actions of the city council. However, the Mayor does have administrative, ceremonial, and procedural duties the other Councilmembers don’t have. I would estimate generally it takes a new Mayor a full year to learn their roles and functions and to hit a rhythm with staff. Currently, with a two year term that only leaves one year of the term for the Mayor and staff to work highly efficiently and effectively together. Then add in having to campaign for another election less than one year later it is a lot to ask of a part time elected official. Staff feels changing the mayoral term to a four year term would be beneficial to staff, the community and to the person serving as Mayor. It provides continuity, efficiency, and stability that can be lost when Mayors change over every two years. With that, I recommend the Charter draft an Ordinance to be adopted by the City Council amending Section 7 of the Charter to read as follows: 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 four 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) A note on the adoption and implementation of these charter amendments should they move forward. The mayoral oversight of the police department can be adopted by the Council via the standard Ordinance process and this would be effective following publication in the newspaper: • Initial charter action to make the amendment; • A second motion by Charter Commission to amend the charter; • City Council first reading of an Ordinance amending the Charter; • If the first reading is approved by a 5/0 vote, then a second reading of the Ordinance; • If the second reading is approved by a 5/0 vote, then the ordinance is published in the newspaper and effective 30 days after publication. Per State Statute, changing the mayoral term from two to four years requires a different implementation timeline. The general Ordinance review process is the same as above however the ordinance doesn’t become effective until the next election which would be held in 2024 for the mayoral term beginning in 2025. Therefore, the current Mayoral term would remain two years and expire the end of 2024. Thank you for taking the time to consider my recommendations. Although I won’t be on staff in Columbia Heights when the Charter Commission discusses these recommendations, I would be happy to discuss my thoughts with you at any time. Otherwise, I wish you the best and appreciate the time and effort you all put into making Columbia Heights the wonderful city it is!