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2022.04.07 Work Session Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 1, 2022 City Council Work Session Agenda Thursday, April 7, 2022 at 6:30 p.m. Council Chambers/Zoom Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held on Thursday, April 7, 2022 at ______ p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. The public may attend the meeting via Zoom by connecting to it through one of the methods identified on the Notice of April 7, 2022 Work Session. I. Attendance Council members Staff ____ Adams ____ Norris ____ Banks ____ Therres ____ Budziszewski ____ Elholm ____ Cummings ____ Larson ____ Kiser ____ McGann ____ LaRoche ____ Ray ____ Parsons ____ Revering ____ Sutter ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Use of American Rescue Plan Act (ARPA) funds. 2. Inclusion/multi-cultural advisory commission. III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 1, 2022 CITY COUNCIL WORK SESSION NOTICE OF APRIL 7, 2022 WORK SESSION NOTICE IS HEREBY GIVEN that the City Council of the City of Crystal will hold a work session on Thursday, April 7, 2022 at 6:30 p.m. at Crystal City Hall, 4141 Douglas Dr. N., Crystal, Minnesota and via Zoom. The public may attend the meeting via Zoom by connecting to it through one of the methods identified below. Topic: City Council Work Session Time: April 7, 2022, 6:30 p.m. Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/85474620065?pwd=SjltZHVtUTJ2cEZHS2hEUkQ2U3FDdz09 Meeting ID: 854 7462 0065 Passcode: 414141 One tap mobile +13126266799,,85474620065#,,,,*414141# US (Chicago) +19292056099,,85474620065#,,,,*414141# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) Meeting ID: 854 7462 0065 Passcode: 414141 Find your local number: https://us02web.zoom.us/u/kc1bl9oLJS Memorandum DATE: March 28, 2022 TO: Mayor and City Council Anne Norris, City Manager FROM: Jodi Bursheim, Abdo Financial Solutions SUBJECT: Recommendation of use of Coronavirus Local Fiscal Recovery Funds established under the American Rescue Plan Act Background Congress adopted the American Rescue Plan Act in March 2021 (ARPA) which included $65 billion in recovery funds for cities across the country. After the deadline passed for local governments to request ARPA funds, nearly $12 million of the $377 million available to Minnesota’s cities with populations less than 50,000, also referred to as non-entitlement units of local government (NEUs), remained unrequested. As allowed by the US Treasury, the state of Minnesota has redistributed these remaining funds amongst eligible local governments who requested ARPA funds. The City received a total of $1,290,943.31 from the redistributed funds of the American Rescue Plan allotment including the additional funds distributed in November, 2021. A second distribution is expected mid-year 2022. Funds are available for appropriation through December 31, 2024. The US Treasury provided several options for use of these funds including: • Replace lost public sector revenue • Support the COVID-19 public health and economic response • Provide premium pay for eligible workers performing essential work • Invest in water, sewer, and broadband infrastructure The option that allows the most flexibility is using it for the replacement of lost public sector revenue. It is a standard allowance of up to $10 million which wouldn’t require the City to do any type of revenue calculation to justify the amount. This money can be spent on government services including any service traditionally provided by a government. Some examples would include, but not limited to: - Road building and maintenance and other infrastructure - Health services - General government administration, staff, and administrative facilities - Environmental remediation - Provision of police, fire, and other public safety services (including purchase of fire trucks and police vehicles) The costs must be incurred on or after March 3, 2021, obligated by December 31, 2024, and expended by December 31, 2026. The city must report whether they are electing the standard allowance in their April 30, 2022, Project and Expenditure Report. The choice indicated on that report cannot be changed later. RECOMMENDATION Staff is recommending the City Council approve the recommendation on the designated category of use of the Coronavirus Local Fiscal Recovery Funds established under the American Rescue Plan Act. The Council will discuss this at its April 7 work session for formal action at its April 19 meeting. ATTACHMENT The resolution the Council will consider at its April 19 meeting is attached. League of Minnesota Cities American Rescue Plan Act Resolution Page 1 CITY OF CRYSTAL RESOLUTION NO. 2022 - ____ A RESOLUTION TO ELECT THE STANDARD ALLOWANCE AVAILABLE UNDER THE REVENUE LOSS PROVISION OF THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 (“ARPA”) which included $65 billion in recovery funds for cities across the country. WHEREAS, ARPA funds are intended to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses. WHEREAS, The Fiscal Recovery Funds provides for $19.53 billion in payments to be made to States and territories which will distribute the funds to nonentitlement units of local government (NEUs). WHEREAS, The ARPA requires that States and territories allocate funding to NEUs in an amount that bears the same proportion as the population of the NEU bears to the total population of all NEUs in the State or territory. WHEREAS, $1,290,943.31 has been received to date by the City of Crystal (“City”) pursuant to ARPA. WHEREAS, The Coronavirus State and Local Fiscal Recovery Funds ensures that governments have the resources needed to fight the pandemic and support families and businesses struggling with its public health and economic impacts, maintain vital public services, even amid declines in revenue, and build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity. WHEREAS, In May 2021, the US Department of Treasury (“Treasury”) published the Interim Final Rule describing eligible and ineligible uses of funds as well as other program provisions, sought feedback from the public on these program rules, and began to distribute funds. WHEREAS, on January 6, 2022, the Treasury issued the final rule. The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in the comment process. WHEREAS, the final rule offers a standard allowance for revenue loss of up to $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. League of Minnesota Cities American Rescue Plan Act Resolution Page 2 WHEREAS, recipients that select the standard allowance may use that amount, in many cases their full award, for government services, with streamlined reporting requirements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRYSTAL, MINNESOTA, THAT THE CITY ELECTS THE STANDARD ALLOWANCE AVAILABLE UNDER THE REVENUE LOSS PROVISION OF THE AMERICAN RESCUE PLAN ACT IN THE AMOUNT OF $1,290,943.31 TO BE USED FOR THE GENERAL PROVISION OF GOVERNMENT SERVICES. Adopted by the City Council of Crystal, Minnesota this 19th day of April, 2022. ________________________ Jim Adams, Mayor Attested: _________________________ Chrissy Serres, City Clerk Memorandum DATE: March 30, 2022 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Continued discussion – follow up to draft work plan regarding inclusion – creating equity and inclusion commission ____________________________________________________________________ Since last year, the City Council has spent significant time on defining its strategic priority of making Crystal “an inclusive community so all feel welcome” so that the diversity within our community is valued and appreciated. A consultant, ImpactLives, was hired to lead several community conversations. The executive summary of these conversations included the shared meanings of diversity, equity and inclusion and identified key opportunity areas. From this report, staff developed a draft work plan to address the key opportunity areas which Council discussed and updated over several work sessions. The Council has spent several recent work sessions discussing one of the policy matters identified in the work plan, what an advisory commission focused on inclusion might look like. Based on the discussion at the February 10 work session, City Attorney Gilchrist drafted the attached ordinance creating an Equity and Inclusion commission and proposed bylaws for that commission. Both documents were loosely based on Golden Valley’s equity commission which was the basis for much of the Council’s February conversation. At the March 15 work session, the Council discussed the City Attorney’s draft language for an equity and inclusion commission and requested alternative language referencing our multicultural community. Attached are: - Original equity and inclusion commission ordinance and bylaws as presented at the March 15 work session - Multicultural advisory commission ordinance and bylaws based on the March 15 work session discussion - Draft language submitted by Council Member LaRoche At the April 7 work session, the Council should review which approach is preferred and whether any additional changes are needed. Attach: DRAFT 3-3-22 1 CR205-30-781348.v3 CITY OF CRYSTAL ORDINANCE No. 2022-____ AN ORDINANCE ESTABLISHING THE EQUITY AND INCLUSION COMMISSION The City of Crystal ordains: ARTICLE I. Legislative Findings. 1.01. Pursuant to Section 2.02 of the Crystal City Charter: “The council may by ordinance establish boards or commissions to advise the council with respect to any municipal function or activity, to investigate any subject of interest to the city, or to perform quasi- judicial functions.” 1.02. Chapter III, Section 305 of the City Code provides for the creation and operation of City commissions. 1.03. The City Council determines it in the best interests of the City to establish a commission to assist the City Council in fostering a community that is safe, welcoming to all members, and dedicated to equity and inclusion. ARTICLE II. Commission Established. The City Council hereby establishes a commission as follows: 2.01. Establishment. The “Equity and Inclusion Commission” (“Commission”) is hereby established for the City of Crystal. 2.02. Purpose. The purpose of the Commission is to promote and nurture a safe and welcoming community dedicated to the values of equity and inclusion. 2.03. Duties. The Commission shall advise and make recommendations to the City Council in matters relating to diversity, equity, and inclusion. In accordance with its bylaws and annual work plan, and through the collaboration and cooperation of City staff, the Commission shall: (a) Analyze the City’s processes, procedures, policies, and ordinances as directed by the City Council on matters of equity and inclusion; (b) Present the results of programs of research and recommend changes to process, procedures, policies, and ordinances to the City Council based on those results; (c) Regularly review and evaluate the City’s community outreach methods and activities to ensure messaging reaches diverse populations and provide inclusive participation opportunities; DRAFT 3-3-22 2 CR205-30-781348.v3 (d) Communicate the City’s equity and inclusion work and facilitate community engagement and feedback as approved by the City Council; and (e) Collaborate with organizations to host and promote events that educate the community on issues of equity and inclusion, and other issues and to promote awareness and appreciation of diversity. 2.04. Members. The Commission shall be made up of seven members appointed by the City Council. Prospective members will participate in the application and interview process established by the City Council. The Commission shall be appointed on an at large basis. The City C ouncil shall seek to have said appointments reflect the diverse voices and perspectives in the community. 2.05. Qualifications. Commission members must be residents of the City, or owners of businesses within the City, and be at least 15 years old. 2.06. Removal. Commission members may be removed from the Commission, with or without cause, upon a majority vote of the City Council. 2.07. Vacancies. The City Council will appoint to fill any vacancies occurring on the Commission. The person appointed to fill a vacancy shall serve the remainder of the unexpired term. 2.08. Reappointment. A member seeking reappointment shall be required to work through the application and interview person in the same manner as any other applicant for the position. 2.09. Term. Commission members shall be appointed to a three-year term. Terms shall commence on January 1. Terms shall be staggered as follows to help ensure continuity in the Commission’s work: (a) One term shall expire on December 31, 2023. (b) Three terms shall expire on December 31, 2024. (c) Three terms shall expire on December 31, 2025. 2.10. Other Commissions. Commission members may not serve on other City boards or commissions concurrently with serving on the Commission. 2.11. Compensation. Commission members shall serve without compensation and are not eligible for reimbursement of expenses incurred in conducting the work of the Commission. 2.12. Liaisons. The Commission shall have a liaison as appointed by the City Council. DRAFT 3-3-22 3 CR205-30-781348.v3 2.13. Operations. The Commission shall conduct itself in accordance with this ordinance, Section 305 of the City Code, and all other applicable laws and ordinances. 2.14. Sunset; Extension. The Commission sunsets ____ years from the effective date of this Ordinance, unless the City Council acts by resolution to extend its term. ARTICLE III. Effective Date. This ordinance is effective upon adoption and 30 days after publication. This is a special ordinance and shall not be codified in the City Code. First Reading: ____________, 2022 Second Reading: __________, 2022 Council Adoption:_________, 2022 Publication: Effective Date: BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk DRAFT 3-3-22 1 CR205-30-781349.v3 CITY OF CRYSTAL EQUITY AND INCLUSION COMMISSION BYLAWS AND OPERATIONAL PROCEDURES ARTICLE I MISSION AND DUTIES 1.1 Mission. The Crystal City Council adopted Ordinance No. 2022-___ (“Ordinance”) on _________, 2022 to establish the Equity and Inclusion Commission (“Commission”). The Ordinance is attached to and made part of these Bylaws and Operations Procedures (“Bylaws”). The mission of the Commission is to promote and nurture a safe and welcoming community dedicated to the values of social equity, inclusion, and justice. 1.2 Duties. The Commission is advisory to the City Council and its duties are set out in the Ordinance. The Commission must conduct its business in accordance with Section 305 of the Crystal City Code and other applicable laws. ARTICLE II MEMBERS AND TERMS 2.1 Appointment of Members. The City Council is to appoint seven members to the Commission. The City Council evaluates potential members using the application and interview process established by the City Council. The appointed members serve at the pleasure of the City Council, are volunteers (not City employees), and are not entitled to any compensation or reimbursement of expenses. Only members personally present at a meeting may vote, no proxies or alternate members are allowed. 2.2 Terms. Appointments are made effective January 1 of each year. The City Council shall appoint regular members of the Commission for three-year staggered terms. The terms of Commission members are fixed and determined at the time of appointment in accordance with the Ordinance. The City Council fills any vacancies that may occur by appointment for the unexpired terms. A vacancy shall be deemed to exist if a regular member ceases to meet residency requirements. ARTICLE III OFFICERS 3.1 Officers. The Commission shall elect a Chairperson and Vice-Chairperson from among its members at its regular annual meeting (no later than the second meeting after January 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate duties of their position to other Commissioners as deemed appropriate by the Commission. DRAFT 3-3-22 2 CR205-30-781349.v3 (a) Chair Responsibilities. The Chair is responsible for the following: (1) Working with staff liaisons to develop meeting agendas; (2) Conducting and presiding at all meetings; (3) Ensuring the Commission conducts its activities within the stated mission and bylaws of the Commission; (4) Monitoring and ensuring the progress of the Commission; and (5) Reporting to the City Council. (b) Vice-Chair Responsibilities. The Vice-Chair is responsible for the following: (1) Performing the duties of the Chair in the absence or incapacity of the Chair; and (2) Performing all other duties as prescribed by the Commission. ARTICLE VI MEETINGS 4.1 Meetings. All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City Code. This means all discussion of Commission business among a quorum of members must occur at a meeting which has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion; however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion. 4.2 Regular Meeting. The regular meeting of the Commission shall be held on the fourth Tuesday of every month at City Hall at 6:30 pm. The Commission may, by a majority vote, change its regular meeting dates or times for any reason provided proper public notice of the change is provided. 4.3 Annual meeting. The annual meeting of the Commission shall be a regular meeting, typically the first meeting after January 1 of each year, at which time elections will be held. 4.4 Special Meetings. A special meeting of the Commission may be called by the Chair or two members, or by the City Council, for the purpose of transacting any business designated in the DRAFT 3-3-22 3 CR205-30-781349.v3 meeting notice. The notice for all special meetings shall be posted in compliance with the Minnesota State Statutes governing public meetings. The staff liaison shall notify Commissioners at least three days prior to the meeting of the date, time, place and purpose of the special meeting. A special meeting must also be posted in accordance with the requirements of the Minnesota Open Meetings Law. 4.5 Attendance. Members are expected to attend all meetings, including the annual Commission meeting. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaison will track attendance at each meeting. 4.6 Agenda. The agenda for regular and special meetings of the Commission shall be prepared by the staff liaison. Items to be placed on the agenda may be proposed by the Chair, a Commission member, the staff liaison, or at the request of the City Council. Residents, businesses, or other interested parties may contact the staff liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the City Council will be placed on the agenda for consideration. Agenda topics requested by other parties will be placed on an appropriate future agenda at the discretion of the staff liaison. The agenda shall be approved at each meeting prior to discussion of any items on the agenda. At the time of agenda approval, items may be removed, and the order of business may be modified by a majority vote of members present at the meeting. No item shall be added to the agenda unless deemed as urgent by the staff liaison. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. 4.7 Recordkeeping. All minutes and resolutions shall be in writing and shall be kept in accordance with applicable laws, rules, and City procedures. 4.8 Work Plan. The Commission will draft an annual work plan that details proposed activities and projected timelines for the upcoming year. The Commission shall submit the work plan to the City Council for review and approval. The Commission shall annually report to the City Council on its progress completing the items identified in the approved work plan. ARTICLE V PERFORMANCE 5.1 Performance of Duties. Commission Members are expected to adequately prepare for meetings. Commission Members unable to complete an assigned task should notify Commission chair as soon as possible. The Commission staff liaison may ask the City Council to review a Commission Member’s appointment based upon their assessment of significant lack of performance. DRAFT 3-3-22 4 CR205-30-781349.v3 ARTICLE VI ADVISORY 6.1 Advisory. The Commission is advisory to the City Council. The Commission has no other official status or independent authority other than to gather, discuss, and make recommendations to the City Council. ARTICLE VII AMENDMENTS AND REVISIONS 7.1 Amendments and Revisions. The Commission will review these bylaws no later than the second meeting after January 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended by any regular monthly Commission meeting with a majority of members present, provided that notice of proposed changes and amendments is provided to each member at least 10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. Adopted on the ____ day of ___________, 2022. __________________________ Chairperson DRAFT 3-3-22 1 CR205-30-781348.v3 CITY OF CRYSTAL ORDINANCE No. 2022-____ AN ORDINANCE ESTABLISHING THE CITY COUNCIL’S MULTI-CULTURAL ADVISORY COMMISSION The City of Crystal ordains: ARTICLE I. Legislative Findings. 1.01. Pursuant to Section 2.02 of the Crystal City Charter: “The council may by ordinance establish boards or commissions to advise the council with respect to any municipal function or activity, to investigate any subject of interest to the city, or to perform quasi- judicial functions.” 1.02. Chapter III, Section 305 of the City Code provides for the creation and operation of City commissions. 1.03. The City Council determines it in the best interests of the City to establish a commission to assist the City Council in fostering a community that is safe, welcoming to all cultures. ARTICLE II. Commission Established. The City Council hereby establishes a commission as follows: 2.01. Establishment. The “City Council’s Multicultural Advisory Commission” (“Commission”) is hereby established for the City of Crystal. 2.02. Purpose. The purpose of the Commission is to represent our multi-cultural community, to promote and nurture a safe and welcoming community dedicated to fighting discrimination, civil rights violations and help fight discrimination by Government, businesses, banks and other institutions doing business in the City of Crystal either directly or through the use of an outside contractor, who discriminate against, or advocate for or cause adverse treatment of, any citizen or business based on subjective or arbitrary standards such as social media post; participation or membership in any clubs, associations, or unions, etc.; political affiliation; employer; or social credit, environmental, social and governance, or similar value-based or impact criteria. 2.03. Duties. The Commission shall advise and make recommendations to the City Council in matters relating to discrimination and civil rights violations. In accordance with its bylaws and annual work plan, and through the collaboration and cooperation of City staff, the Commission shall: (a) Analyze the City’s processes, procedures, policies, and ordinances as directed by the City Council; DRAFT 3-3-22 2 CR205-30-781348.v3 (b) Present the results of programs of research and recommend changes to process, procedures, policies, and ordinances to the City Council based on those results; (c) Regularly review and evaluate the City’s community outreach methods and activities to ensure messaging reaches diverse populations and provide participation opportunities for all cultures; (d) Communicate the City’s multi-cultural work and facilitate community engagement and feedback as approved by the City Council; and (e) Collaborate with organizations to host and promote events that educate the community on being a multicultural community, and other issues and to promote awareness and appreciation of all cultures. 2.04. Members. The Commission shall be made up of seven members appointed by the City Council. Prospective members will participate in the application and interview process established by the City Council. The Commission shall be appointed on an at large basis. The City C ouncil shall seek to have said appointments reflect the diverse voices and perspectives in the community. 2.05. Qualifications. Commission members must be residents of the City, or owners of businesses within the City, and be at least 15 years old. 2.06. Removal. Commission members may be removed from the Commission, with or without cause, upon a majority vote of the City Council. 2.07. Vacancies. The City Council will appoint to fill any vacancies occurring on the Commission. The person appointed to fill a vacancy shall serve the remainder of the unexpired term. 2.08. Reappointment. A member seeking reappointment shall be required to work through the application and interview person in the same manner as any other applicant for the position. 2.09. Term. Commission members shall be appointed to a three-year term. Terms shall commence on January 1. Terms shall be staggered as follows to help ensure continuity in the Commission’s work: (a) One term shall expire on December 31, 2023. (b) Three terms shall expire on December 31, 2024. (c) Three terms shall expire on December 31, 2025. 2.10. Other Commissions. Commission members may not serve on other City boards or commissions concurrently with serving on the Commission. DRAFT 3-3-22 3 CR205-30-781348.v3 2.11. Compensation. Commission members shall serve without compensation and are not eligible for reimbursement of expenses incurred in conducting the work of the Commission. 2.12. Liaisons. The Commission shall have a liaison as appointed by the City Council. 2.13. Operations. The Commission shall conduct itself in accordance with this ordinance, Section 305 of the City Code, and all other applicable laws and ordinances. 2.14. Sunset; Extension. The Commission sunsets ____ years from the effective date of this Ordinance, unless the City Council acts by resolution to extend its term. ARTICLE III. Effective Date. This ordinance is effective upon adoption and 30 days after publication. This is a special ordinance and shall not be codified in the City Code. First Reading: ____________, 2022 Second Reading: __________, 2022 Council Adoption:_________, 2022 Publication: Effective Date: BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk CITY OF CRYSTAL City Council’s Multicultural Advisory Commission BYLAWS AND OPERATIONAL PROCEDURES ARTICLE I MISSION AND DUTIES 1.1 Mission. The Crystal City Council adopted Ordinance No. 2022-___ (“Ordinance”) on _________, 2022 to establish the (“Commission”). The Ordinance is attached to and made part of these Bylaws and Operations Procedures (“Bylaws”). The mission of the Commission is to represent our multicultural community, to promote and nurture a safe and welcoming community dedicated to fighting discrimination, civil rights violations and help fight discrimination by Government, businesses, banks and other institutions doing business in the City of Crystal either directly or through the use of an outside contractor, who discriminate against, or advocate for or cause adverse treatment of, any citizen or business based on subjective or arbitrary standards such as social media post; participation or membership in any clubs, associations, or unions, etc; political affiliation; employer; or social credit, environmental, social and governance, or similar value-based or impact criteria. 1.2 Duties. The Commission is advisory to the City Council and its duties are set out in the Ordinance. The Commission must conduct its business in accordance with Section 305 of the Crystal City Code and other applicable laws. ARTICLE II MEMBERS AND TERMS 2.1 Appointment of Members. The City Council is to appoint seven members to the Commission. The City Council evaluates potential members using the application and interview process established by the City Council. The appointed members serve at the pleasure of the City Council, are volunteers (not City employees), and are not entitled to any compensation or reimbursement of expenses. Only members personally present at a meeting may vote, no proxies or alternate members are allowed. 2.2 Terms. Appointments are made effective January 1 of each year. The City Council shall appoint regular members of the Commission for three-year staggered terms. The terms of Commission members are fixed and determined at the time of appointment in accordance with the Ordinance. The City Council fills any vacancies that may occur by appointment for the unexpired terms. A vacancy shall be deemed to exist if a regular member ceases to meet residency requirements. ARTICLE III OFFICERS 3.1 Officers. The Commission shall elect a Chairperson and Vice-Chairperson from among its members at its regular annual meeting (no later than the second meeting after January 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate duties of their position to other Commissioners as deemed appropriate by the Commission. (a) Chair Responsibilities. The Chair is responsible for the following: (1) Working with staff liaisons to develop meeting agendas; (2) Conducting and presiding at all meetings; (3) Ensuring the Commission conducts its activities within the stated mission and bylaws of the Commission; (4) Monitoring and ensuring the progress of the Commission; and (5) Reporting to the City Council. (b) Vice-Chair Responsibilities. The Vice-Chair is responsible for the following: (1) Performing the duties of the Chair in the absence or incapacity of the Chair; and (2) Performing all other duties as prescribed by the Commission. ARTICLE VI MEETINGS 4.1 Meetings. All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City Code. This means all discussion of Commission business among a quorum of members must occur at a meeting which has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion; however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion. 4.2 Regular Meeting. The regular meeting of the Commission shall be held on the third Thursday of every month at City Hall at 6:30 pm. The Commission may, by a majority vote, change its regular meeting dates or times for any reason provided proper public notice of the change is provided. 4.3 Annual meeting. The annual meeting of the Commission shall be a regular meeting, typically the first meeting after January 1 of each year, at which time elections will be held. 4.4 Special Meetings. A special meeting of the Commission may be called by the Chair or two members, or by the City Council, for the purpose of transacting any business designated in the meeting notice. The notice for all special meetings shall be posted in compliance with the Minnesota State Statutes governing public meetings. The staff liaison shall notify Commissioners at least three days prior to the meeting of the date, time, place and purpose of the special meeting. A special meeting must also be posted in accordance with the requirements of the Minnesota Open Meetings Law. 4.5 Attendance. Members are expected to attend all meetings, including the annual Commission meeting. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaison will track attendance at each meeting. 4.6 Agenda. The agenda for regular and special meetings of the Commission shall be prepared by the staff liaison. Items to be placed on the agenda may be proposed by the Chair, a Commission member, the staff liaison, or at the request of the City Council. Residents, businesses, or other interested parties may contact the staff liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the City Council will be placed on the agenda for consideration. Agenda topics requested by other parties will be placed on an appropriate future agenda at the discretion of the staff liaison. The agenda shall be approved at each meeting prior to discussion of any items on the agenda. At the time of agenda approval, items may be removed, and the order of business may be modified by a majority vote of members present at the meeting. No item shall be added to the agenda unless deemed as urgent by the staff liaison. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. 4.7 Recordkeeping. All minutes and resolutions shall be in writing and shall be kept in accordance with applicable laws, rules, and City procedures. 4.8 Work Plan. The Commission will draft an annual work plan that details proposed activities and projected timelines for the upcoming year. The Commission shall submit the work plan to the City Council for review and approval. The Commission shall annually report to the City Council on its progress completing the items identified in the approved work plan. ARTICLE V PERFORMANCE 5.1 Performance of Duties. Commission Members are expected to adequately prepare for meetings. Commission Members unable to complete an assigned task should notify Commission chair as soon as possible. The Commission staff liaison may ask the City Council to review a Commission Member’s appointment based upon their assessment of significant lack of performance. ARTICLE VI ADVISORY 6.1 Advisory. The Commission is advisory to the City Council. The Commission has no other official status or independent authority other than to gather, discuss, and make recommendations to the City Council. ARTICLE VII AMENDMENTS AND REVISIONS 7.1 Amendments and Revisions. The Commission will review these bylaws no later than the second meeting after January 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended by any regular monthly Commission meeting with a majority of members present, provided that notice of proposed changes and amendments is provided to each member at least 10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws . Adopted on the ____ day of ___________, 2022. Memorandum DATE: March 21, 2022 TO: Mayor and City Council and Anne Norris, City Manager FROM: Nancy LaRoche, City Council Section 1 SUBJECT: Proposed edits to draft work plan regarding inclusion — creating equity and inclusion commission After getting input from residents, please see the attached pages for suggested ordinance and bylaws edits on the new commission: including a name change which I hope may offer a compromise. As we discussed the need for outreach and participation, I remembered similar goals of the Outreach Task Force and incorporated language of duties reminiscent of that organization. Edits are highlighted in yellow for added text, and strike-throughs for deleted text. Please let me know if you have any questions, and I look forward to discussing more at our next work session. Thanks! Attach: DRAFT 3-21-2022 1 CR205-30-781348.v3 CITY OF CRYSTAL ORDINANCE No. 2022- AN ORDINANCE ESTABLISHING THE OUTREACH, INCLUSION, AND CIVIL RIGHTS COMMISSION The City of Crystal ordains: ARTICLE 1. Legislative Findings. 1.01. Pursuant to Section 2.02 of the Crystal City Charter: "The council may by ordinance establish boards or commissions to advise the council with respect to any municipal function or activity, to investigate any subject of interest to the city, or to perform quasijudicial functions." 1.02. Chapter Ill, Section 305 of the City Code provides for the creation and operation of City commissions. 1.03. The City Council determines it in the best interests of the City to establish a commission to assist the City Council in fostering a community that is safe, welcoming to all members, and dedicated to protecting civil rights. ARTICLE Il. Commission Established. The City Council hereby establishes a commission as follows: 2.01. Establishment. The "Outreach, Inclusion, and Civil Rights" ("Commission") is hereby established for the City of Crystal. 2.02. Purpose. The purpose of the Commission is to promote and nurture a safe and welcoming community dedicated to protecting civil rights. 2.03. Duties. The Commission shall advise and make recommendations to the City Council in matters relating to outreach, inclusion, and civil rights. In accordance with its bylaws and annual work plan, and through the collaboration and cooperation of City staff and City Council, the Commission shall: (a) Analyze the City's processes, procedures, policies, and ordinances as directed by the City Council on matters of outreach, inclusion, and civil rights. (b) Present the results of programs of research and recommend changes to process, procedures, policies, and ordinances to the City Council based on those results; DRAFT 3-21-2022 2 CR205-30-781348.v3 (c) Regularly review and evaluate the City's community outreach methods and activities to ensure messaging reaches diverse populations and provide inclusive participation opportunities; (d) Communicate the City's outreach, inclusion, and civil rights work and facilitate community engagement and feedback as approved by the City Council; and (e) Collaborate with organizations to host and promote events that educate the To facilitate discussion within the community on issues of outreach, inclusion, and civil rights, and other issues and to promote awareness and appreciation of diversity. (f) Track and promote vacant and available positions on boards, commissions, task forces, and committees that are appointed by the City Council. (g) Review applications for boards, commissions, task forces, and committees applicants, and recommend appointments to the City Council. (h) Promote City volunteer, involvement, and employment opportunities within the community. 2.04. Members. The Commission shall be made up of seven members appointed by the City Council. Prospective members will participate in the application and interview process established by the City Council. The Commission shall be appointed on an at large basis. The City Council shall seek to have said appointments reflect the diverse voices and perspectives in the community. 2.05. Qualifications. Commission members must be residents of the City, or owners of businesses within the City, and be at least 15 years old. 2.06. Removal. Commission members may be removed from the Commission, with or without cause, upon a majority vote of the City Council. 2.07. Vacancies. The City Council will appoint to fill any vacancies occurring on the Commission. The person appointed to fill a vacancy shall serve the remainder of the unexpired term. 2.08. Reappointment. A member seeking reappointment shall be required to work through the application and interview person in the same manner as any other applicant for the position. 2.09. Term. Commission members shall be appointed to a three-year term. Terms shall commence on January l . Terms shall be staggered as follows to help ensure continuity in the Commission's work: (a) Two terms shall expire on December 31, 2023. DRAFT 3-21-2022 3 CR205-30-781348.v3 (b) Two terms shall expire on December 31, 2024. (c) Three terms shall expire on December 31, 2025. 2.10. Other Commissions. Commission members may not serve on other City boards or commissions concurrently with serving on the Commission. 2.11. Compensation. Commission members shall serve without compensation and are not eligible for reimbursement of expenses incurred in conducting the work of the Commission. 2.12. Liaisons. The Commission shall have a liaison as appointed by the City Council. 2.13. Operations. The Commission shall conduct itself in accordance with this ordinance, Section 305 of the City Code, and all other applicable laws and ordinances. 2.14. Sunset• Extension. The Commission sunsets years from the effective date of this Ordinance, unless the City Council acts by resolution to extend its term. ARTICLE Ill. Effective Date. This ordinance is effective upon adoption and 30 days after publication. This is a special ordinance and shall not be codified in the City Code. First Reading:, 2022 Second Reading:, 2022 Council Adoption:, 2022 Publication: Effective Date: BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: Christina Serres, City Clerk DRAFT 3-3-22 1 Submitted by Nancy LaRoche CITY OF CRYSTAL OUTREACH, INCLUSION, AND CIVIL RIGHTS COMMISSION BYLAWS AND OPERATIONAL PROCEDURES ARTICLE 1 MISSION AND DUTIES 1.1 Mission. The Crystal City Council adopted Ordinance No. 2022- ("Ordinance") on 2022 to establish the Outreach, Inclusion, and Civil Rights Commission ("Commission"). The Ordinance is attached to and made part of these Bylaws and Operations Procedures ("Bylaws"). The mission of the Commission is to promote and nurture a safe and welcoming community dedicated to protecting civil rights. 1.2 Duties. The Commission is advisory to the City Council and its duties are set out in the Ordinance. The Commission must conduct its business in accordance with Section 305 of the Crystal City Code and other applicable laws. ARTICLE 11 MEMBERS AND TERMS 2.1 Appointment of Members. The City Council is to appoint seven members to the Commission. The City Council evaluates potential members using the application and interview process established by the City Council. The appointed members serve at the pleasure of the City Council, are volunteers (not City employees), and are not entitled to any compensation or reimbursement of expenses. Only members personally present at a meeting may vote, no proxies or alternate members are allowed. 2.2 Terms. Appointments are made effective January I of each year. The City Council shall appoint regular members of the Commission for three-year staggered terms. The terms of Commission members are fixed and determined at the time of appointment in accordance with the Ordinance. The City Council fills any vacancies that may occur by appointment for the unexpired terms. A vacancy shall be deemed to exist if a regular member ceases to meet residency requirements. ARTICLE 111 OFFICERS 3.1 Officers. The Commission shall elect a Chairperson and Vice-Chairperson from among its members at its regular annual meeting (no later than the second meeting after January 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such DRAFT 3-3-22 2 Submitted by Nancy LaRoche election shall be for the unexpired term of said office. Officers may also delegate duties of their position to other Commissioners as deemed appropriate by the Commission. (a) Chair Responsibilities. The Chair is responsible for the following: (1) Working with staff liaisons to develop meeting agendas; (2) Conducting and presiding at all meetings; (3) Ensuring the Commission conducts its activities within the stated mission and bylaws of the Commission; (4) Monitoring and ensuring the progress of the Commission; and (5) Reporting to the City Council. (6) Serves as a liaison to the Crystal Police Department’s Multicultural Advisory Committee (MAC) (b) Vice-Chair Responsibilities. The Vice-Chair is responsible for the following: (1) Performing the duties of the Chair in the absence or incapacity of the Chair; and (2) Performing all other duties as prescribed by the Commission. (3) Serves as a liaison to the Crystal Police Department’s Multicultural Advisory Committee (MAC) in the absence of the Chair. ARTICLE VI MEETINGS 4.1 Meetings. All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City Code. This means all discussion of Commission business among a quorum of members must occur at a meeting which has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion; however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion. DRAFT 3-3-22 3 Submitted by Nancy LaRoche 4.2 Regular Meeting. The regular meeting of the Commission shall be held on the fourth Tuesday of every month at City Hall at 6:30 pm. The Commission may, by a majority vote, change its regular meeting dates or times for any reason provided proper public notice of the change is provided. 4.3 Annual meeting. The annual meeting of the Commission shall be a regular meeting, typically the first meeting after January 1 of each year, at which time elections will be held. 4.4 Special Meetings. A special meeting of the Commission may be called by the Chair or two members, or by the City Council, for the purpose of transacting any business designated in the meeting notice. The notice for all special meetings shall be posted in compliance with the Minnesota State Statutes governing public meetings. The staff liaison shall notify Commissioners at least three days prior to the meeting of the date, time, place and purpose of the special meeting. A special meeting must also be posted in accordance with the requirements of the Minnesota Open Meetings Law. 4.5 Attendance. Members are expected to attend all meetings, including the annual Commission meeting. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaison will track attendance at each meeting. 4.6 Agenda. The agenda for regular and special meetings of the Commission shall be prepared by the staff liaison. Items to be placed on the agenda may be proposed by the Chair, a Commission member, the staff liaison, or at the request of the City Council. Residents, businesses, or other interested parties may contact the staff liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the City Council will be placed on the agenda for consideration. Agenda topics requested by other parties will be placed on an appropriate future agenda at the discretion of the staff liaison. The agenda shall be approved at each meeting prior to discussion of any items on the agenda. At the time of agenda approval, items may be removed, and the order of business may be modified by a majority vote of members present at the meeting. No item shall be added to the agenda unless deemed as urgent by the staff liaison. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. 4.7 Recordkeeping. All minutes and resolutions shall be in writing and shall be kept in accordance with applicable laws, rules, and City procedures. 4.8 Work Plan. The Commission will draft an annual work plan that details proposed activities and projected timelines for the upcoming year. The Commission shall submit the work plan to the City Council for review and approval. The Commission shall annually report to the City Council on its progress completing the items identified in the approved work plan. DRAFT 3-3-22 4 Submitted by Nancy LaRoche ARTICLE V PERFORMANCE 5.1 Performance of Duties. Commission Members are expected to adequately prepare for meetings. Commission Members unable to complete an assigned task should notify Commission chair as soon as possible. The Commission staff liaison may ask the City Council to review a Commission Member's appointment based upon their assessment of significant lack of performance. ARTICLE VI ADVISORY 6.1 Adyjsuy. The Commission is advisory to the City Council. The Commission has no other official status or independent authority other than to gather, discuss, and make recommendations to the City Council. ARTICLE Vll AMENDMENTS AND REVISIONS 7.1 Amendments and Revisions. The Commission will review these bylaws no later than the second meeting after January I every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended by any regular monthly Commission meeting with a majority of members present, provided that notice of proposed changes and amendments is provided to each member at least 10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. Adopted on the day of , 2022. Chairperson