2022.11.10 Work Session Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Nov. 4, 2022
City Council Work Session Agenda
Thursday, Nov. 10, 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, Nov. 10, 2022 at
______ p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via
Zoom. The public may attend the meeting via Zoom by connecting to it through one of the
methods identified on the Notice of Nov. 10, 2022 Work Session.
I. Attendance
Council members Staff
____ Parsons ____ Therres
____ Adams ____ Gilchrist
____ Banks ____ Reuvers
____ Budziszewski ____ Sutter
____ Cummings ____ Olson
____ Kiser ____ Ray
____ LaRoche ____ Revering
____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Commission candidate interviews.
2. Closed session pursuant to Minnesota Statutes, section 13D.05, subdivision 3(b) for
an attorney-client protected discussion with the city’s attorneys regarding the
matter of David Bissen and Kathy Bissen v. City of Crystal and JUFH Enterprises LLC.*
3. Petition regarding Ordinance No. 2022 – 06.
III. Adjournment
The work session adjourned at ______ p.m.
* Denotes no supporting information included in the packet.
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: Nov. 4, 2022
CRYSTAL CITY COUNCIL
NOTICE OF NOV. 10, 2022 WORK SESSION
NOTICE IS HEREBY GIVEN that the City Council of the City of Crystal will hold a work session on
Thursday, Nov. 10, 2022 at 6:30 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N.,
Crystal, MN 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: Nov. 10, 2022, 6:30 p.m. Central Time (US and Canada)
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Meeting ID: 846 9823 2821
Passcode: 414141
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Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at
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1
CR205-30-833148.v2
Date: October 25, 2022
To: Anne Norris, Crystal City Manager
Chrissy Serres, Crystal City Clerk
From: Troy J. Gilchrist, City Attorney
Joseph L. Sathe, Assistant City Attorney
Re: Sufficient Referendum Petition Next Steps
The City received petition calling for a referendum on Ordinance 2022-06 (the “Ordinance”). The
City Clerk has determined the petition is sufficient as it contain more than the required 791
signatures of registered voters, and therefore the Ordinance will not go into effect unless approved
by a majority of voters at an election. The information in this memo explains the City’s next steps
and longer-term impacts of the referendum petition.
1. Required Council Action
At the next regular meeting of the City Council (November 15, 2022), the City Council must either
repeal the Ordinance or reaffirm it as enacted and schedule it for a vote at a special election or the
next regular election.
a. Repeal the Ordinance
If the Council chooses to repeal the Ordinance, the result is the same as if the Council were to put
the Ordinance to a vote at an election and a majority of voters cast votes against approval. The
Ordinance would not take effect and the City would be limited in its ability to enact the same or a
similar ordinance, as described in Section 3.
b. Reaffirm Ordinance and Call Election
If the Council votes to reaffirm the Ordinance, the Council must submit the Ordinance for voter
approval at a special election or at the next regular municipal election, as described in Section 2.
2. Calling an Election After Reaffirming Ordinance
If the City Council chooses to reaffirm the Ordinance and hold an election, the City Council
determines whether to call a special election or to submit the Ordinance to the voters at the next
Offices in
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Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
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Affirmative Action, Equal Opportunity Employer
2
CR205-30-833148.v2
regular municipal elections. The City Council also drafts the ballot question(s) in accordance with
City Charter Section 5.07.
i. Potential Election Dates
The next regular municipal election at which the referendum could be considered will be held in
November 2024. The deadlines for the November 8, 2022 regular election have already passed.
The next date the City could call a special election will be in 2023 as the deadlines for the
November 8, 2022 election have passed. Special election dates for 2023 are February 14, April 11,
May 9, August 8, and November 7.
In addition to choosing to submit the Ordinance for voter approval at a designated special election
or next general election, the City Council could initially choose to submit the Ordinance to voters
at the next regular municipal election with a condition that if the City is required to call a special
election for another purpose (e.g., to fill a council vacancy) the Ordinance may be considered at
that special election. This approach avoids the City incurring costs to hold a special election solely
to address the Ordinance.
ii. Ballot Question
The Council drafts and approves the ballot questions for a referendum. The ballot must “state the
substance of the ordinance as determined by the city council and contain appropriate instructions
for the voters to indicate ‘yes’ or ‘no’ on the question of its adoption.” Charter Section 5.07.
iii. Election Result
If a majority of voters vote against approval of an Ordinance, the Ordinance does not go into effect
and the City’s ability to enact the same or a similar ordinance is limited as described in Section 3.
If a majority of voters cast votes in favor of an Ordinance, then that Ordinance will become
effective upon adoption. While the Charter does not designate a specific date for “adoption”
following a referendum vote, a prudent approach would be to use the date of the election as the
“effective date” but to wait until the election results are certified to consider an ordinance effective.
3. Restrictions on Enacting Same or Similar Ordinance
If an ordinance is subject to a referendum petition, the City cannot avoid the petition by simply
readopting the same ordinance. However, Minnesota courts have recognized a city council can
adopt an ordinance on the same subject matters as long as it is enacted in good faith and without
the intent to defeat the referendum provision in the charter. If there are essential points of
difference between the original ordinance and a subsequent ordinance, it should be upheld as being
within the City Council’s discretion to adopt.