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IV.7. Resolution 2018-01 Authorizing Publication and Hearing for Charter Amendment; Domeier (CR2018-004) January 2, 2018 Council Report 2018-004 Resolution 2018-01 Authorizing Publication and Hearing for Charter Amendment Proposed Action Staff recommends that the Council approve the following motion: Approve Resolution 2018-001 Accepting Charter Amendment, Ordering Publication and Setting Public Hearing. Approval of this motion will enable citizens to review the published ordinance and make comments at the public hearing. Overview On September 28, 2017 the Hopkins Charter Commission considered amendments to Chapter 6 – Administration of City Affairs, specifically Sections 6.04, 6.06 and 6.07. Ordinance 2018-1128 was drafted by City staff and distributed to the Charter Commission. The Commission met on December 14, 2017 and voted to recommend adoption of the Ordinance. The Hopkins City Charter was adopted in 1947. It was last updated in 2015. The Hopkins Charter Commission met in September and December 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  Resolution 2018-001  Ordinance 2018-1128  Charter Commission Resolution 2017-01  Draft Charter Commission Meeting Proceedings December 14, 2017  Charter Commission Meeting Proceedings September 28, 2017 Amy Domeier, City Clerk Council Report 2018-0004 Page 2 Analysis of the Issues  What changes are being recommended in the Charter? The Charter Commission should review Chapter 6 – Administration of City Affairs, specifically Sections 6.04, 6.06, and 6.07. These sections of the Charter have the greatest impact on current City operations. Included in this memorandum is the current language of these sections accompanied by some brief discussion outlining the identified concerns of staff related to the existing language. Additionally, staff has prepared some examples of language that may be starting points for the Charter Commission’s review and discussion. The Charter Commission is not bound to accept any of these examples, and they are only offered to provide examples for alternative approaches. The goal is for the Charter Commission to review the current language, consider staff’s identified concerns in light of those provisions, and consider potential amendments to those sections of the City Charter as discussed herein.  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 ordinance may be filed with the City Clerk. The petition must be signed by registered voters equal in number 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. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018-001 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 2018-1128; and WHEREAS, the Hopkins Charter Commission has recommended that Ordinance 2018-1128 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 2018-1128, order it published in the official newspaper, and sets a public hearing for February 5, 2018 at 7 p.m. for first reading of said ordinance. nd Adopted by the City Council of the City of Hopkins this 2 day of January, 2018. By__________________________ Molly Cummings, Mayor ATTEST: ________________________ Amy Domeier, City Clerk CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2018-1128 RESOLUTION RECOMMENDING AMENDMENT OF THE HOPKINS CHARTER BY ORDINANCE 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 6.04, Subordinate Employees, is amended as follows: Section 6.04. SUBORDINATE EMPLOYEES. There shall be a City Clerk subordinate to the City Manager. The City Clerk shall be subject to the direction of the City Manager, and shall have such duties as provided by law. There shall be employees subordinate to the City Manager as the council may establish by ordinance or resolution. The council may, by ordinance or resolution, abolish positions which have been created and it may combine the duties of various positions as it may see fit. Section 2. Section 6.06, Purchases and Contracts, is amended as follows: Section 6.06. PURCHASES AND CONTRACTS. The City Manager shall be the chief purchasing agent of the City. Contracts or purchases for the City for merchandise, materials, or equipment, if budgeted or for any kind of construction work, repair or maintenance of real or personal property or personal services may be made or let by the City Manager when the amount of such contract or purchase does not exceed $10,000. All other purchases shall be made and all other contracts shall be approved by the council. Each contract made by the City Manager shall be made or let in conformance with applicable state law and city ordinances. All contracts, in excess of $10,000 to which the City shall be a party, shall be signed by the Mayor and by the City Manager in behalf and in the name of the City. The City Manager shall be the chief purchasing agent of the City as provided herein. All City purchases and contracts shall be made or let by the City Manager when the amount involved does not exceed an amount established at least annually by the City Council by resolution. All other purchases and contracts shall be reviewed and approved by the City Council. Contracts shall be made in compliance with Minnesota law, including all applicable competitive bidding requirements. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the mayor and the City Manager on behalf of the City and shall be executed in the name of the City. The City Council may, by ordinance or resolution, adopt further regulations regarding the process for the making of bids and the letting of contracts, including the further delegation of authority to the City Manager as the City Council deems appropriate and remove Section 6.07 Contracts/Bids. Section 3. Section 6.07, Contracts/Bids, is deleted in its entirety. Section 4. The effective date of this ordinance shall be effective 90 days after publication. First Reading: February 5, 2018 Second Reading: February 20, 2018 Date of Publication: March 1, 2018 Date Ordinance Takes Effect: May 30, 2018 By_____________________ Molly Cummings, Mayor ATTEST: _______________________ Amy Domeier, City Clerk CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA CHARTER COMMISSION RESOLUTION NO. 2017-01 RESOLUTION RECOMMENDING AMENDMENT OF THE HOPKINS CHARTER BY ORDINANCE 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 City Charter be amended by Ordinance 2018-1128 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 December 14, 2017. By__________________________ Jim Genellie, Chair Hopkins Charter Commission ATTEST: ________________________ Amy Domeier, City Clerk Hopkins Charter Commission Minutes of the Hopkins Charter Commission December 14, 2017 CALL TO ORDER/ROLL CALL The Hopkins Charter Commission met on December, 2017 in the Raspberry Room at City Hall, st 1010 1 St. S., Hopkins. Present were Commission Members Datta, Dunn, Fischer, Folk, Genellie, Johnson, Ringuette and Shirley. Commission Members Kerssen and Meland were absent. Also present was City Clerk Domeier. The meeting was called to order at 6:30 p.m. by Chair Genellie. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING Motion by Dunn. Second by Ringuette. Motion to Approve the September 28, 2017 Charter Commission Regular Meeting Proceedings Ayes: 8 Nays: 0. Absent: Kerssen and Meland. Motion carried. OLD BUSINESS 5.1. 2017 Charter Amendment: Chapter 6 Chair Genellie summarized the proposed changes to Chapter 6. Mr. Genellie also explained the process for Charter amendments. Motion by Shirley. Second by Datta. Motion to Adopt Resolution 2017-01 a Resolution Recommending Amendment of the Hopkins City Charter by Ordinance. Ayes: 8 Nays: 0. Absent: Kerssen and Meland. Motion carried. NEW BUSINESS 6.1. Set Next Meeting Date The next Charter Commission meeting was set for Thursday, February 8 at 6:30 p.m. The meeting st will be held in the Raspberry Room at City Hall, 1010 1 St. S., Hopkins. ADJOURNMENT There being no further business to come before the Charter Commission and upon a Motion by Folk, Second by Dunn, the meeting was unanimously adjourned at 6:47 p.m. Respectfully Submitted, Amy Domeier, City Clerk Minutes of the Hopkins Charter Commission September 28, 2017 CALL TO ORDER/ROLL CALL The Hopkins Charter Commission met on September 28, 2017 in the Raspberry Room at City Hall, st 1010 1 St. S., Hopkins. Present were Commission Members Datta, Dunn, Fischer, Folk, Genellie, Johnson, Kerssen, Meland, Ringuette and Waters. Commission Member Shirley was absent. Also present were City Attorney Riggs, and City Clerk Domeier. The meeting was called to order at 6:30 p.m. by the City Clerk Domeier. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING Motion by Kerssen. Second by Waters. Motion to Approve the February 20, 2015 Charter Commission Regular Meeting Proceedings Ayes: 10 Nays: 0. Absent: Shirley. Motion carried. ELECTION OF OFFICERS Motion by Johnson. Second by Folk. Motion to Elect Commissioner Genellie as Chair of the Hopkins Charter Commission. Ayes: 10 Nays: 0. Absent: Shirley. Motion carried. Motion by Fischer. Second by Ringuette. Motion to Elect Commissioner Kerssen as Vice-Chair of the Hopkins Charter Commission. Ayes: 10 Nays: 0. Absent: Shirley. Motion carried. NEW BUSINESS 7.1. Charter Commission Membership City Clerk Domeier provided a summary of the Charter Commission Membership including its purpose, duties and objectives and member responsibilities. City Attorney Riggs explained differences between charter and statutory cities. Per the recommendation of City Attorney Riggs, City Clerk Domeier will provide members with the LMC Handbook Chapter 4 and Minnesota Statute 410. 7.2. 2017 Charter Amendment: Chapter 6 City Attorney Riggs provided a summary of the proposed changes to Chapter 6. Discussion was held regarding the proposed changes to Sections 6.04, 6.06, and 6.07. Based upon that discussion, changes were proposed to the language in the Charter. Motion by Ringuette. Second by Kerssen. Motion to amend Section 6.04 Subordinate Employees as follows: There shall be employees subordinate to the City Manager as the council may establish by ordinance or resolution. The council may, by ordinance or resolution, abolish positions which have been created and it may combine duties of various positions as it may see fit. Ayes: 10 Nays: 0. Absent: Shirley. Motion carried. Motion by Kerssen. Second by Fischer. Motion to amend Section 6.06 Purchases and Contracts as follows: The City Manager shall be the chief purchasing agent of the City as provided herein. All City purchases and contracts shall be made or let by the City Manager when the amount involved does not exceed an amount established at least annually by the City Council by resolution. All other purchases and contracts shall be reviewed and approved by the City Council. Contracts shall be made in compliance with Minnesota law, including all applicable competitive bidding requirements. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the mayor and the City Manager on behalf of the City and shall be executed in the name of the City. The City Council may by ordinance adopt further regulations regarding the process for the making of bids and the letting of contracts, including the further delegation of authority to the City Manager as the City Council deems appropriate and remove Section 6.07 Contracts/Bids. Discussion was held regarding the formatting of the paragraph. Commissioner Ringuette suggested amendments to the proposed language including grammatical and adding that resolutions may be used in making regulations regarding bids and contracts. Motion by Ringuette. Second by Kerssen. Motion to amend Section 6.06 Purchases and Contracts as follows: The City Manager shall be the chief purchasing agent of the City as provided herein. All City purchases and contracts shall be made or let by the City Manager when the amount involved does not exceed an amount established at least annually by the City Council by resolution. All other purchases and contracts shall be reviewed and approved by the City Council. Contracts shall be made in compliance with Minnesota law, including all applicable competitive bidding requirements. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the mayor and the City Manager on behalf of the City and shall be executed in the name of the City. The City Council may, by ordinance or resolution, adopt further regulations regarding the process for the making of bids and the letting of contracts, including the further delegation of authority to the City Manager as the City Council deems appropriate and remove Section 6.07 Contracts/Bids. Ayes: 10 Nays: 0. Absent: Shirley. Motion carried. 7.3. Set Next Meeting Date The next Charter Commission meeting was set for Thursday, December 14 at 6:30 p.m. The st meeting will be held in the Raspberry Room at City Hall, 1010 1 St. S., Hopkins. ADJOURNMENT There being no further business to come before the Charter Commission and upon a Motion by Kerssen, Second by Johnson, the meeting was unanimously adjourned at 7:25 p.m. Respectfully Submitted, Amy Domeier, City Clerk