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2025.04.17_Charter Commission Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 11, 2025 Charter Commission Meeting Agenda Regular Meeting Thursday, April 17, 2025 at 6:30 p.m. Conference Room A 1. Call to order and roll call. 2. Approval of the minutes from the Jan. 16, 2025 meeting. 3. Reports of the Chair.* 4. Unfinished business.* 5. New business. a. Discuss amending bylaws to remove “Reports of the Chair” as a business meeting agenda item.* b. Review election costs related to filling a council vacancy. 6. Adjournment. *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. Page 1 of 1 City of Crystal Charter Commission Annual Meeting Minutes Jan. 16, 2025 1. Call to order and roll call Pursuant to due call and notice thereof, the meeting of the Crystal Charter Commission was held at 6:30 p.m. on Jan. 16, 2025, in conference room A at city hall, 4141 Douglas Dr. N., Crystal, MN. Commission Chair Jeff Kolb called the meeting to order. Attendance Commissioners present: Jeff Kolb, Joe Selton, Jeff Munson, Naomi Davidson, Joel Franz, Wade Girard, Holly Knox and James Oathout. City staff present: City Manager Adam R. Bell and City Clerk Chrissy Serres. 2. Approval of the minutes from the Jan. 18, 2024, meeting Moved by Commissioner Davidson and seconded by Commissioner Munson to approve the minutes from the Jan. 18, 2024 meeting. Motion carried. 3. Reports of the Chair There were no reports of the Chair. 4. Unfinished business There was no unfinished business. 5. New business items for April 17, 2025 meeting a. Discuss amending bylaws to remove “Reports of the Chair” as a business meeting agenda item. b. Review election costs related to filling a council vacancy. 6. Election of officers Moved by Commissioner Oathout and seconded by Commissioner Davidson to approve the following slate of officers: • Chair: Jeff Kolb • Vice Chair: Joe Selton • Secretary: Jeff Munson Motion carried. 7. The next meeting is April 17, 2025, at 6:30 p.m. 8. Adjournment Moved by Commissioner Kolb and seconded by Commissioner Oathout to adjourn the meeting. Motion carried. The meeting adjourned at 7:04 p.m. STAFF REPORT Council vacancy and election costs DATE: April 11, 2025 FROM: City Manager Adam R. Bell City Clerk Chrissy Serres TO: Crystal Charter Commission RE: Council vacancy and election costs At its Jan. 16 meeting, the Charter Commission discussed different aspects of City Charter Section 2.07, specifically regarding the two processes in which a council vacancy is filled: 1) by council appointment or 2) by holding a special election. After discussion, there was sufficient support to place this topic on the April 17 meeting agenda. Moreover, the Commission requested additional information about costs associated with administering elections. Applicable Election Law City Charter Section 2.07 provides that a council vacancy shall be filled in accordance with Minnesota Statutes, Section 412.02, Subdivision 2(a). A special election is required to fill a vacancy on the council when both of the following circumstances are true: 1. The vacancy happened before the first day to file affidavits of candidacy for the next regular election; and 2. There are more than two years remaining in the unexpired term. Furthermore, if the vacancy occurs on or after the first day to file affidavits of candidacy or when less than two years remain in the unexpired term, state law does not require a special election to fill the vacancy. A special election can be scheduled at various times during the year and may be held in conjunction with a regularly scheduled election. Minnesota Statutes, Section 205.10 governs special elections and provides for most special elections to be held on one of the following dates: • Second Tuesday in February. • Second Tuesday in April. • Second Tuesday in May. • Second Tuesday in August. • First Tuesday after the first Monday in November. Cost of Elections In exploring the idea of requiring a special election for a council vacancy, there are a few important things to note about costs related to election administration. Any change in elections incurs costs for education and training. City expenditures related to a special election are influenced by several factors, including the specific office in question (e.g., ward, section, or mayoral seat), the timing of the election, and associated costs for printing and disseminating public information materials. Because Crystal’s municipal elections are conducted in even- numbered years in conjunction with all the school board and state and federal elected offices, the city does not budget for elections in odd-numbered years and would incur additional costs for administering a municipal special election. The City of Crystal conducts municipal elections in conjunction with the other elected offices mentioned above. In 2024, the city’s costs of administering the Presidential Nomination Primary, primary, and general elections amounted to approximately $77,700. Therefore, the estimated cost of administering a single special election ranges from $10,000 to $20,000 or more, depending on factors such as whether a primary is required, the number of polling places, required staffing, equipment use, and voter outreach. As noted, because these expenses are not typically included in the city’s annual budget, it would require reallocation of funds from other essential city services or an increase in appropriations. In contrast, filling vacancies by the appointment process incurs minimal to no additional cost, as it relies on internal city council procedures and existing administrative support. Voter Education Types of informational materials to inform voters of a potential special election could include, but are not limited to: • City website • Crystal Connection quarterly newsletter • Sun Post newspaper • Channel 12 • Printed materials • Direct mailings: o 9,479 households (according to Met Council’s estimate as of April 1, 2023) o 14,172 registered voters (as of April 10, 2025) Registered Voter Count by Precinct Ward and Precinct Voter Count W1P1 3,669 W2P1 1,354 W2P2 2,215 W3P1 3,565 W4P1 3,369 Total 14,172 Training City staff and election judges would require additional training, and additional staffing would be required to provide early voting at city hall and at the polls on election day. Staff and the city attorney will be at the April 17 meeting of the Charter Commission to answer questions. DATE: April 11, 2025 FROM: City Manager Adam R. Bell TO: Crystal Charter Commission RE: Charter Amendment to require special elections for all Council vacancies INTRODUCTION The Charter Commission has received a proposal to amend the City Charter to require that all vacancies on the City Council be filled by special election, replacing the current process which allows the Council to fill vacancies by appointment depending on the timing of the vacancy. This report evaluates the proposal from a staff perspective, considers the implications of mandating special elections, and presents arguments in support of retaining the existing appointment-based system. This memorandum is separate from the staff report outlining the special election cost and vacancy process as it is my opinion as the City Manager. BACKGROUND As explained in the staff report, under the current City Charter, when a vacancy occurs on the City Council, the Council has the authority to appoint a qualified individual to serve for the remainder of the unexpired term or until the next regular election, as prescribed by Minnesota Statutes. The existing process provides the city with both the adaptability and effectiveness needed to sustain a robust, fully operational governing body. In recent history, the City of Crystal has experienced only three vacancies on the City Council. This relative infrequency suggests that the existing appointment process is sufficient to address such occurrences in a timely and cost-effective manner. Arguments Against Requiring Special Elections for All Vacancies 1. Financial Impact Conducting a special election is a costly endeavor for the city. As the staff report explains, the estimated cost of administering a single special election ranges from $10,000 to $20,000 or more, depending on factors such as the number of polling places, required staffing, equipment use, and voter outreach. Because these expenses are not typically included in the city’s annual budget, it would require reallocation of funds from other essential city services or an increase in elections appropriations to mitigate the draw on the General Fund balance. In contrast, filling vacancies by appointment involves negligible cost and utilizes existing city resources. 2. Time Constraints and Delayed Representation As noted, the current system offers the city flexibility and efficiency in maintaining a full and functional governing body. Special elections can take several months to organize, during which the Council seat remains vacant. This prolonged absence may hinder the Council’s effectiveness, reduce representation for the affected ward, and place additional responsibilities on the remaining members. The appointment process enables the Council to act quickly, often within weeks if it so chooses, thereby minimizing disruption and restoring full representation in a timely manner. The most recent vacancy appointment was completed in less than three months after a transparent process. This appointment could have been completed in an even shorter amount of time, but the Council was deliberate and thoughtful in making the appointment. 3. Infrequency of Vacancies The City of Crystal has experienced only three council vacancies in recent history (2007, 2010, and 2023). Mandating a special election for every vacancy, regardless of context or remaining term length, imposes a rigid and disproportionate response to a relatively rare occurrence. The appointment system has historically worked well, offering a pragmatic approach tailored to the needs and circumstances of the city. Granted, this argument works both ways in that the additional cost and burden of a special election is a rare occurrence, but it still does not consider the increased burden on the city staff and finances. Furthermore, if special elections are required for all vacancies, and depending on when the vacancy occurs and the resulting special elections take place, there could be a relatively short time before the next regular election, which creates additional complications and an increased burden. 4. Preservation of Local Control and Flexibility The appointment process ensures that the Council can identify and appoint qualified individuals who are familiar with the city’s needs and priorities. These appointments are conducted transparently in open meetings, with public input and Council deliberation. Requiring special elections eliminates this flexibility and imposes a uniform process that may not suit every situation. 5. Acknowledgment of Special Election Benefits It is important to acknowledge that special elections promote direct democratic participation by allowing voters to choose their representatives. In some circumstances, particularly when a significant portion of a term remains or there is high public interest, a special election may be warranted. However, mandating special elections for all vacancies, regardless of context, does not account for the balance between democratic ideals and administrative practicality. CONCLUSION While public input and electoral participation are valued and essential to a well-functioning government, the current process of allowing City Council vacancies to be filled by appointment offers a balanced and effective approach that reflects Crystal's operational needs. As City Manager, I respectfully advise retaining the existing charter provisions because vacancies are rare, special elections demand significant time and resources, and transparency is already maintained through open appointments. Mandating a special election for every council vacancy would introduce unnecessary rigidity and expense.