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2023.02.07 Work Session Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Feb. 3, 2023 City Council Work Session Agenda Tuesday, Feb. 7, 2023 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 Tuesday, Feb. 7, 2023 at ______ p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. If the agenda items are not completed in time for the regular City Council meeting at 7 p.m., the work session will be continued and resumed immediately following the City Council meeting. The public may attend the meeting via Zoom by connecting to it through one of the methods identified on the City Council Meeting Schedule for Tuesday, Feb. 7, 2023. I. Attendance Council members Staff ____ Cummings ____ Bell ____ Eidbo ____ Therres ____ Kamish ____ Gilchrist ____ Kiser ____ Elholm ____ LaRoche ____ Larson ____ Adams ____ Ray ____ Budziszewski ____ Revering ____ Sutter ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Council Member Section I vacancy and recruitment process. 2. Constituent issues.* 3. New business.* 4. Announcements.* 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. Memorandum DATE: Feb. 7, 2023 TO: Mayor and City Council FROM: Adam R. Bell, City Manager SUBJECT: Council Member Section I vacancy and recruitment process ____________________________________________________________________ At its Feb. 7 meeting, the Council is being asked to accept Council Member LaRoche’s resignation and declare the Section I council position vacancy. The Council will also need to discuss and approve the process for appointing an interim council member for the remainder of Council Member LaRoche’s term. Council Member LaRoche is moving, and as a result, will no longer be eligible to serve on the Council. According to Section 2.07 of the City Charter, the Council needs to declare a vacancy and subsequently appoint an eligible person to fill the position until the next regular election. Council Member LaRoche’s term on the Council expires on December 31, 2024, and because there are less than two years remaining of her term, a special election is not required. The next regular term for this seat will be on the 2024 ballot as normal. Councilmember LaRoche’s last day as an eligible resident is February 25, 2023; therefore, under state law, the vacancy will occur at 12:01 a.m. on the 25th. Until the vacancy is effective, Councilmember LaRoche is able to fully participate in her Council duties until that time. The Charter requirements do not specify a timeline for the appointment and filling of the vacancy. The Council can decide how long it wants to solicit and receive applications, conduct interviews, or make an appointment. This should be done as soon as reasonably possible; however, for such an important matter, the Council should make sure that the process is deliberate and thoughtful and that a sufficient amount of time is taken to receive and consider qualified candidates for the appointment. Based on these considerations, a proposed draft timeline and process overview to recruit applicants and make the appointment is shown below. This is the shortest and quickest timeframe that staff believes the appointment process can reasonably occur. The Council should discuss if this schedule and process are acceptable or if more time is needed or desired for any of the tasks. In addition, a draft candidate application packet is enclosed. If the Council would like any changes to the application materials, they should propose those changes at the February 7th Council meeting. *Proposed timeline with the shortest reasonable amount of time (16-day application window) Date Event or Task 1/31/23 Resignation notice made public and sent to SunPost, CCX and on the city website 2/07/23 Regular Council meeting includes formal announcement, acceptance of resignation and declaration of vacancy, and process approval 2/07/23 Work Session before/after regular Council meeting to discuss the process and timeline for filling the vacancy 2/08/23 Vacancy information sent to SunPost, CCX and on the city website 2/08—2/24/23 City receives applications 2/09/23 Notice of resignation published in SunPost 2/16/23 Notice of vacancy published in SunPost 2/21/23 Regular Council meeting 2/24/23 Deadline for applicant applications 2/27/23 Staff verifies the eligibility of applicants 2/27—3/03/23 Council reviews candidate applications 3/07/23 Council interviews candidates during a work session (Council can also schedule a special meeting between 3/09 and 3/21) 3/21/23 Council acts to appoint interim Councilmember 3/21/23 Councilmember is issued a certificate of election, sworn in, and able to serve immediately *Alternative timeline to allow more time for the recruitment process (28-day application window) Date Event or Task 1/31/23 Resignation notice made public and sent to SunPost, CCX and on the city website 2/07/23 Regular Council meeting includes formal announcement, acceptance of resignation and declaration of vacancy, and process approval 2/07/23 Work Session before/after regular Council meeting to discuss the process and timeline for filling the vacancy 2/08/23 Vacancy information sent to SunPost, CCX and on the city website 2/08—3/08/23 City receives applications 2/09/23 Notice of resignation published in SunPost 2/16/23 Notice of vacancy published in SunPost 2/21/23 Regular Council meeting 3/08/23 Deadline for applicant applications 3/09/23 Staff verifies the eligibility of applicants 3/10—3/21/23 Council reviews candidate applications 3/21/23 Council interviews candidates during a work session (Council can also schedule a special meeting between 3/16/23 and 4/06/23. 4/04/23 Council acts to appoint interim Councilmember 4/04/23 Councilmember is issued a certificate of election, sworn in, and able to serve immediately CR205-30-854140.v1 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2023- _______ A RESOLUTION ACCEPTING A RESIGNATION AND DECLARING A VACANCY IN OFFICE WHEREAS, Council Member Nancy LaRoche submitted a written notice of resignation of her position representing Section 1, Wards 1 & 2 on the Crystal City Council effective February 25, 2023; and WHEREAS, Minnesota Statutes, section 351.01 indicates the City Council is to act by resolution to accept a resignation; and WHEREAS, Crystal City Charter, Section 2.07 indicates the City Council must act by resolution to declare a vacancy to exist in the position and to forthwith appoint an eligible person to fill the office in accordance with Minnesota Statutes, section 412.02, subdivision 2a; and WHEREAS, the referenced statute indicates when less than two years remains in the unexpired term, which is the case here, the person the City Council appoints to fill the vacancy serves until the next general election. NOW, THEREFORE, BE IT RESOLVED, by the City Council as follows: 1. The City Council accepts the resignation of Council Member Nancy LaRoche and declares a vacancy in the office effective as of 12:01 a.m. on February 25, 2023. 2. The City Council will undertake an application process to select an eligible person to appoint to fill the vacancy on the City Council in accordance with the City Charter. 3. The City Council would like to thank Council Member Nancy LaRoche for her years of dedicated service to the City of Crystal. Adopted by the City Council this 7th day of February 2023. ____________________________ Jim Adams, Mayor ATTEST:____________________________ Chrissy Serres, City Clerk Crystal City Council Section I Vacancy Application Packet HOW TO APPLY FOR THE OFFICE VACANCY 1. Residents must reside in Section I of the City and complete the City Council Vacancy Application to be considered as an applicant to serve on the City Council until the next municipal election on November 5, 2024. 2. Information within the application will be verified to determine eligibility. All eligible applicants’ names and addresses will be forwarded to the City Council, posted on the City Web site, and made available to the general public, upon request. 3. The City Council Vacancy Application must be returned to City Hall at 4141 Douglas Drive North by or before 4:00 p.m. _[DATE]____________. Late applications will not be accepted. This vacancy process is not a substitute for filing for office. 4. The City Council will conduct interviews with qualified applicants on ________________, 2023 by appointment only. GENERAL INFORMATION The Crystal City Council is comprised of a mayor and six council members. Crystal municipal government is divided into four wards and two sections. Council members must reside in the ward or section of the city in which they are running for office. All candidates running for an elective office must be at least 21 years of age upon assuming office. Municipal offices are non-partisan. Regular City Council meetings are held on the first and third Tuesday of each month at 7:00 p.m. in the Council Chambers unless otherwise specified by the Council. Council members also meet as the Economic Development Authority (EDA) before the first regular City Council meeting each month. The Council meets in work sessions on regular meeting nights before and after meetings to review and discuss a variety of issues. The Council also conducts a work session at 6:30 p.m. on the second Thursday of each month, as needed. Additional meetings and work sessions may be scheduled, as needed. The Council does not receive additional compensation for additional meetings. The primary objective of the mayor or council member is to identify and discuss issues impacting Crystal, receive and consider public input, and make appropriate decisions and policies in a manner that encourages full and open discussion. The major areas of responsibility for a council member are:  Regularly and thoroughly prepares for each Council Meeting, EDA Meeting, and Work Session  Responds to constituent requests for information or assistance with problem resolution; including daily checking his/her city voicemail box for messages  Participates in committees or task forces to provide information for the City Council’s consideration  Discusses issues impacting the city with State Legislators, Met Council Representatives, and other local governments  Establishes policies to guide the city  Annually evaluates the performance of the City Manager  Establishes and modifies goals and objectives for the city  Reviews and approves an annual budget and tax levy  Reviews and approves a capital improvements program for the city  Attends additional meetings and functions as a liaison to a city commission or other agencies serving the city CRYSTAL CITY CHARTER The Crystal City Charter was originally adopted in 1960 and has been studied and amended over the years. Please read the City’s Charter to learn more about the structure of the Crystal government and its officers, nominations, and elections. Excerpts from the City Charter are continued on the next pages: CITY CHARTER - Chapter 2 FORM OF GOVERNMENT Section 2.01. Council-Manager Plan. The form of government established by the City Charter is the Council-Manager Plan. The council exercises the legislative power of the city and determines matters of policy. The city manager is responsible to the council for the proper administration of city affairs. Section 2.02. Boards and Commissions. There are no separate administrative boards or commissions except those established for the administration of a municipal function jointly with another political subdivision. The council performs the duties and exercises the powers of administrative boards or commissions. 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. (Crystal advisory commissions/boards include: Planning, Parks & Recreation, Environmental, Employee, Charter, Inclusion and Diversity, and Joint Fire.) Section 2.03. Council Members: Qualifications and Terms. The council is composed of a mayor and six (6) council members who must be eligible voters of the city and must further qualify for office as provided in the City Charter. The mayor and council members may hold another compatible public office. The mayor and council members must be residents of the city. The resident council members must satisfy the residence requirements. The mayor is elected at large. A ward resident council member is elected by the eligible voters of the ward in which the council member resides. A section resident council member is elected by the eligible voters of the section in which the council member resides. The mayor and council members are elected on the date, in the years and for the terms specified by ordinance adopted by the council in accordance with law. Section 2.06. Incompatible City Offices. A member of the council may not be appointed city manager. A member of the council may not be a city officer or be employed by the city for pay. A member of the council may not, for a period of one year after expiration of the member’s term of office, be a city officer or be employed by the city for pay. Section 2.07. Council Vacancies. A vacancy in the office of mayor or council member exists for the following reasons: (a) failure of a person elected thereto to qualify on or before the date of the second regular meeting of the council in the year subsequent to the election (b) death of the member (c) resignation of the member (d) the member ceasing to be a resident of the city or of the ward or section from which elected (e) continuous absence from the city for more than three months (f) conviction of the member of a felony either before or after qualification for the office (g) failure of the member without good cause to perform the duties of office for a period of three months (h) removal of the person from office (i) any reason specified by law. When a vacancy occurs, the council must by resolution declare the vacancy to exist and forthwith appoint an eligible person to fill the office. The office shall then be filled by election in accordance with Minnesota Statutes, Section 412.02, subdivision 2a, as amended. Section 2.08. The Mayor. The mayor is the presiding officer of the council. The council must choose from its members a mayor pro tem who holds office at the pleasure of the council and serve as mayor in the mayor’s disability or absence from the city or when a vacancy in the office of mayor exists. The mayor: (a) exercises all powers and performs all duties conferred upon the mayor by this charter, the ordinances of the city, and laws of the state; (b) is the official head of the city for ceremonial purposes, for purposes of the service of civil process, and for responding to emergencies; and (c) may study the operation of the city government and must report to the council any neglect, dereliction of duty, or waste on the part of any officer or department of the city. Nothing in this section modifies the provisions of section 2.11. Section 2.09. Salaries. The annual salaries of the mayor and council members are fixed by ordinance in the manner provided by law. Calendar year mayor salary council member salary 2023 $11,864.19 $9,126.98 Section 2.10. Investigation of City Affairs. The council and the city manager, or either of them, and any officers formally authorized by them, may make investigations into the city’s affairs, subpoena witnesses, administer oaths, and compel the production of books and papers. The council may provide for an examination or audit of the accounts of any officer to department of the city government. The council may conduct surveys or research studies of subjects of municipal concern. Section 2.11. Interference with Administration. The council and the city manager, or either of them, and any officer or officers formally authorized by them, or either of them, may make investigations into the city's affairs, subpoena witnesses, administer oaths, and compel the production of books and papers. The council may provide for an examination or audit of the accounts of any officer or department of the city government. The council may conduct surveys or research studies of subjects of municipal concern. COUNCIL DESCRIPTION POSITION TITLE: City Council Member RESPONSIBLE TO: Citizens of Crystal PRIMARY OBJECTIVE OF POSITION To identify and discuss issues impacting the City of Crystal, receive and consider public input, and make appropriate decisions and policies in a manner that encourages full and open discussion. MAJOR AREAS OF RESPONSIBILITY I. Regularly attends and thoroughly prepares for each Council & EDA Meeting and work sessions • Thoroughly reads and reviews agenda materials supplied • Becomes familiar with the City Comprehensive Plan, City Charter, and other city documents and understands how these documents impact City policy • Conducts site visits as appropriate • Solicits and receives input from affected parties and the general public • Disqualifies self from participation where actual or potential conflict of interest occurs • Participates in discussion of issues keeping a city-wide perspective and respect of other councilmember's view of the impact of a proposal • Assumes responsibility and directs requests to the City Manager for necessary and appropriate research II. Responds to constituent requests for information or assistance with problem resolution; daily checks his/her city voicemail box for messages III. Serves as Council liaison to a city commission or participates in a committee or task force serving Crystal • Responsible for keeping the Council informed of commission, committee or task force activities and provides relevant information for Council consideration • Assumes a constructive and active role by attending additional meetings and work sessions IV. Discusses pertinent legislative issues impacting the City with appropriate representatives V. Annually evaluates the performance of the City Manager VI. Establishes and modifies goals, objectives, and policies for the City VII. Reviews and approves an annual budget & tax levy and capital improvements programs Name: Home Phone: Home Address: Work Phone: Mobile Phone: Email: Are you an registered voter in the state of Minnesota? Yes No What is your occupation? How will your professional work experience help you as a council member? Name and location of college, university, technical, professional, business, or trade school you have attended: Field of study: Degree or Certificate: Describe your community involvement in Crystal: Being part of the city council involves many time commitments including two regular meetings each month (first and third Tuesdays at 7 p.m.), EDA Meetings (first Tuesday before Council meeting), work sessions before and after council meetings, and one work session each month (second Thursday at 6:30 p.m.). Council members serve as a liaison to an advisory commission and these commissions meet one evening each month. Does your schedule allow you to attend these meetings? Yes No CITY COUNCIL VACANCY APPOINTMENT APPLICATION Application deadline: 4:00 p.m. __________, 2023 Please type or print answers to each question. Please describe any business holdings or financial interest you or any member of your family may have with any business, developer or property owner that could create a conflict of interest for you in your role as a council member. What do you think are the three major issues facing Crystal? 1. __________________________________________________________________________________ 2. __________________________________________________________________________________ 3. __________________________________________________________________________________ If you could change one thing about Crystal, what would it be? Name one thing about Crystal you do NOT want changed and why? Why should the City Council appoint you to the vacant position? “I affirm that the information within this application is true and correct. I am applying for the office of Section I Council Member and am eligible to vote in Minnesota, I am, or will be on assuming office, 21 years of age or more, have maintained residence in Section I at the time of application, and meet any other qualifications for the office prescribed by law. Further, I have not been convicted of an offense for which registration is required under MN Statutes, section 243.166.” Applicant’s Signature Date Please note: If you are appointed to the City Council, your home address, home phone number, and email will be made available to the general public. Upon verification of eligibility, the information within this application is public and may be made available to the general public for inspection, upon request. RETURN APPLICATION TO: Crystal City Hall Attention: City Clerk 4141 Douglas Drive Crystal, MN 55422 Fax: 763-531-1188 Chrissy.Serres@crystalmn.gov For office use only Applicant resides in Section I? Yes No Registered voter? Yes No SVRS Voter ID: ____________ Applicant is: Eligible Not eligible [Date] time of interview: _________ Date received: ___________ Initials: _______ application sent to city clerk 