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IV.9. First Readiing: Revision of City Charter Ordinace 2015-1086; Domeier March 16, 2015 Council Report 2015-035 REVISION OF CITY CHARTER ORDINANCE 2015-1086 Proposed Action Staff recommends that the Council approve the following motion: Approve for First Reading Ordinance 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. Approval of this motion will continue the process for amending the City Charter. Overview Draft Ordinance 2015-1086 would amend wording in the City Charter related to the candidate filing fees. The proposed change is to raise the filing fee from $5.00 to $25.00. If the Ordinance is adopted it will take effect on July 15, 2015. The candidate filing period for the 2015 municipal election is July 28 through August 11. 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 adoption of the Ordinance. The proposed Ordinance was published two weeks prior to the March 16 hearing. The Hopkins City Charter was adopted in 1947. It was last updated in 2012. The Hopkins Charter Commission met in May, 2014 and February of this year and voted to make a change to the City Charter. 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 Ordinance 2015-1086 Amy Domeier, City Clerk Council Report 2015-1035 Page 2 Analysis of the Issues What changes are being recommended in the Charter? recommending a Charter Amendment that would raise the is the equivalent of $53.00 in current dollars. The Commission discussed the experience of Minneapolis where 35 people filed for Mayor during the 2013 election. Hopkins has not faced anywhere near that number of candidates for any office. However, the City has had several candidates file in the last few years who made no attempt to campaign, not even showing up for the League of Women Voters Candidate Forum. The Commission looked at the Minneapolis experience, the current value of the 1947 fee and other filing fees for offices in state law. For example, the fee set for a county office is $50 while the fee for the soil and water conservation district supervisor office is $20. The current $5.00 fee does not even cover the costs involved in candidate filing. 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 the City Charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the The petition must be signed by registered voters equal in number ordinance may be filed with the City Clerk. to at least five percent of the registered voters in the city 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 1. Approve Ordinance 2015-1086 for first reading; or 2. Do not approve Ordinance 2015-1086 for first reading and send the proposed ordinance back to the Charter Commission for further action. Staff recommends Alternative #1. 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 $5.00 $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: March 16, 2015 Second reading: April 7, 2015 Date of Publication: April 16, 2015 Date Ordinance Takes Effect: July 15, 2015 By Eugene Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date