Loading...
IV.5. Revision of City Charter Ordinance 2015-1086 (CR 2015-014); Domeierj. � February 17, 2015 ��� /� Council Report 2015-014 REVISION OF CITY CHARTER ORDINANCE 2015-1086 Proposed Action Staff recommends that the Council approve the following motion: Approve Resolution 2015-010, accepting Ordinance 2015-1086, ordering its publication and setting a public hearing for March 16, 2015. This action will enable citizens to review the published ordinance and make comments at the public hearing. Overview The Hopkins City Charter was adopted in 1947. It was last updated in 2012. The Hopkins Charter Commission met in May of 2014 and February of this year and voted to make a change to the City Charter. Ordinance 2015-1086 was drafted by city staff and distributed to the Charter Commission. The Commission met on February 10, 2015 and voted to recommend the adoption of Ordinance 2015-1086 by the Hopkins City Council. The proposed ordinance must now be published at least two weeks prior to a public hearing. The City Council can only consider adoption after the public hearing. Primary Issues to Consider • What changes are being recommended in the Charter? • What is the process for amending the City Charter? Supporting Information • Analysis of the issues. • Alternatives • Charter Commission Resolution 2015-01 • Resolution 2015-010 • Ordinance 2015-1086 Amy Domeier, City Clerk r Council Report 2015-014 Page 2 Analysis of the Issues • What changes are being recommended in the Charter? The Hopkins Charter Commission is recommending a Charter Amendment that would raise the filing fee for the City Council election from $5.00 to $25.00. The Commission discussed the experience of Minneapolis where 35 people filed for mayor in the 2013 election. The City of Hopkins has not faced anywhere near that number of candidates for any office. However the City has had several candidates in the last few years who filed but did not campaign. (For example, they did not put signs up, respond to newspaper requests for information, or attend League of Women Voters events.) The Hopkins' filing fee has been $5.00 since 1947. This is the equivalent of $53.00 in current dollars. The commission looked at the Minneapolis experience, the current value of the 1947 fee and what are other filing fees for other offices in state law. For example the fee set for a county office is $50 while the filing fee for the office of soil and water conservation district supervisor is $20. The Commission also considered that even if the filing fee was raised, state law allows the filing of a petition instead of the fee. The petition has to be signed by the lesser of 500 signatures or five percent of the total number of votes cast at the preceding general election at which the office was on the ballot. For Hopkins, 5% of the total number of votes cast in the 2013 municipal election would equal 84 voters. • What is the process for amending the City Charter? The City Charter may be amended by Ordinance using the following procedure: Upon recommendation of the Charter Commission, the City Council may enact a Charter Amendment by Ordinance. Such an ordinance, if enacted, shall be adopted by the Council by an affirmative vote of all its members after a public hearing upon two weeks published notice containing the text of the proposed amendment and shall be approved by the Mayor and published as in the case of other ordinances. The City Council must adopt or reject the proposed ordinance in total. It cannot amend the ordinance. An ordinance amending a City Charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Council Report 2015-014 Page 3 Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the City Clerk. Such petition shall be signed by qualified voters equal in number to 2% of the total number of votes cast in the City at the last date general election or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the Charter Commission, the Council, or by petition of the voters, except that the Council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. Alternatives Approve Resolution 2015-010, accepting Ordinance 2015-1086, ordering its publication and setting a public hearing for March 16, 2015. 2. Do not approve Resolution 2015-010 and send the proposed ordinance back to the Charter Commission for further action. Staff recommends Alternative 41. 0 AWKSIANSUIRM Hennepin County, Minnesota Whereas, the Hopkins Charter Commission has the authority under Minnesota Statute, Section 410.12, subdivision 7 to recommend amendments to the City Charter; and Whereas, the Commission has determined that the Hopkins City Charter should be amended; Now therefore be it resolved by the Hopkins Charter Commission that the Hopkins Municipal Charter be amended by Ordinance 2015-1086 enacted by the City Council of the City of Hopkins pursuant to Minnesota Statute 410.12. Passed and adopted at a regularly scheduled meeting of the Hopkins Charter Commission on February 10, 2015. By Cha" ATTEST: Amy Domeier, City Clerk Hopkins Charter Commission CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2015-010 RESOLUTION ACCEPTING CHARTER AMENDMENT, ORDERING PUBLICATION AND SETTING PUBLIC HEARING WHEREAS, the Hopkins Charter Commission has presented to the Hopkins City Council a proposed Charter amendment in the form of Ordinance 2015-1086, and WHEREAS, the Hopkins Charter Commission has recommended that Ordinance 2015- 1086 be approved by the Hopkins City Council in accordance with Minnesota Statute 410.12, NOW THEREFORE BE IT RESOLVED that the City Council of the City of Hopkins hereby accepts Ordinance 2015-1086, orders it published in the official newspaper, and sets a public hearing for March 16, 2015 at 7:00 p.m. for first reading of said ordinance. Adopted by the City Council of the City of Hopkins this 17th day of February 2015. Kristi Halverson, Mayor Pro Tem ATTEST: Amy Domeier, City Clerk CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2015-1086 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF HOPKINS UPON RECOMMENDATION OF THE HOPKINS CHARTER COMMISSION PURSUANT TO M.S.A. CHAPTER 410.12, SUBD. 7 The City Council of the City of Hopkins, upon recommendation of and from the Hopkins City Charter Commission does hereby ordain and thus amend and adopt the following changes, deletions, and amendments of or from the following chapters and sections of the Hopkins City Charter: Section 1. Section 4.02, Subdivision 1 is amended as follows: Section 4.02. CANDIDATES. Subdivision 1. A candidate for a city office shall file an affidavit with the City Clerk, or application on behalf of any qualified voter of the City whom they desire to be a candidate may be made as per Chapter 205, MUNICIPAL ELECTIONS, of the Minnesota State Statutes. In either case, the filing fee shall be $x-00 $25.00. Such affidavit or application shall state that the candidate is a qualified voter of the City of Hopkins, and name the office for which she or he is a candidate. Section 2. The effective date of this ordinance shall be ninety days after publication. First reading: Second reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: Amy Domeier, City Clerk March 16, 2015 April 7, 2015 April 16, 2015 July 15, 2015 By Eugene Maxwell, Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date