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V.1. First Reading: Ordinance 2018-1128 Revisions to City Charter; Domeier February 5, 2018 Council Report 2018-030 First Reading: Ordinance 2018-1128 Revisions to City Charter Proposed Action Staff recommends that the Council approve the following motion: Approve for First Reading Ordinance 2018- 1128 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 the motion will continue the process for amending the City Charter. A second reading of Ordinance 2018-1128 is scheduled for February 20, 2018. Overview A public hearing is required for the first reading of Ordinance 2018-1128. The proposed Ordinance was published two weeks prior to the hearing. 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  Analysis of the issues  Alternatives  Ordinance 2018-1128  Chapter 6: Administration of City Affairs Amy Domeier, City Clerk Council Report 2018-030 Page 2 Analysis of the Issues  What changes are being recommended in the Charter? The Charter Commission reviewed and recommended changes to 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. Section 6.04 – Subordinate Employees: This section was amended to include all employees in the City rather than just the City Clerk. Section 6.06 – Purchases and Contracts: This section was amended to include reference to the City Council’s ability to set an amount by resolution for contracts made or let by the City Manager. The proposed language also provides for the City Manager to have discretion on seeking approval for expenditures. City contracts must be made in compliance with applicable Minnesota laws. Section 6.07 – Contracts/Bids: This section was removed as it was considered duplicative and/or contradictory language to section 6.06.  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. Alternatives 1. Approve Ordinance 2018-1128 for first reading; or 2. Do not approve Ordinance 2018-1128 for first reading and send the proposed ordinance back to the Charter Commission for further action. Staff recommends Alternative 1: Approve Ordinance 2018-1128 for first reading. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2018-1128 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 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 CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS THE CITY MANAGER Section 6.01 THE CITY MANAGER. The City Manager shall be the Chief administrator of the City. The Manager shall be chosen by the Council solely on the basis of her or his training, experience and administrative qualifications. The choice shall not be limited to inhabitants of the City or State. The City Manager shall be appointed for an indefinite period, and shall be removed by the Council at any time. If removed at any time after one year of service the Manager may demand written charges and a public hearing on the same before the Council prior to the date on which his or her final removal shall take effect, but pending and during such hearing the Council may suspend the Manager from office. During the absence or disability of the City Manager the duties of this office shall be performed by some properly qualified person designated by the Council. Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. Subdivision 1. Subject to the provisions of this Charter and any regulations consistent therewith which may be adopted by the Council, the City Manager shall control and direct the administration of the City's affairs. The Manager shall have the powers enumerated in the following subdivisions of this section. Subdivision 2. The Manager shall see that this Charter and the Ordinances and Resolutions of the City are enforced and shall report any non-compliance to the City Council or other appropriate agencies. Subdivision 3. Except as in this Charter otherwise provided, the Manager shall appoint and may remove all employees. All appointments shall be upon merit and fitness alone and in conformance with state and federal laws. Subdivision 4. The Manager shall exercise control over all departments and divisions of the City administration. Subdivision 5. The Manager shall attend all meetings of the Council with the right to take part in the discussions but having no vote; but the Council may at its discretion exclude the Manager from meetings at which the manner of her or his administration of the office of Manager is considered. Subdivision 6. The Manager shall recommend to the Council for adoption such measures as he or she may deem necessary for the welfare of the people and the efficient administration of the City's affairs. Subdivision 6a. There shall be a Hopkins Police Department Review Committee. The Committee shall be three (3) Hopkins residents, appointed by the City Council, who shall not at the time of their service be Hopkins employees or elected or appointed officials. The Committee shall, upon the request of a Hopkins Police Department employee, review, and sustain, overturn or modify a discharge or discipline action against the employee. The Committee’s review shall be an alternative to any arbitration or other type of hearing available to the employee, through a collective bargaining agreement or by state or federal law. The Committee shall have the power to administer oaths and to compel attendance of witnesses and the production of books, papers and documentary evidence. The hearing shall be conducted pursuant to the standards and procedures established by the City Council by ordinance. Subdivision 7. The Manager shall prepare the budget annually and submit it to the Council and be responsible for its administration after adoption; prepare and submit to the Council at the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year; and keep the Council advised of the financial condition and future needs of the City. Subdivision 8. The Manager shall perform such other duties as may be prescribed by this Charter or required of her or him by ordinances or resolutions adopted by the Council. Section 6.03. DEPARTMENTS OF ADMINISTRATION. The City Manager may create such departments and divisions for the administration of the City's affairs as may seem necessary, and may from time to time alter the same. SUBORDINATE EMPLOYEES 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. CITY ATTORNEY Section 6.05. CITY ATTORNEY. The City Council may appoint a city attorney to advise the Council on legal matters. PURCHASES AND CONTRACTS 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. CONTRACTS Section 6.07. CONTRACTS/BIDS. In all cases of work to be done by contract, or for the purchase of personal property of any kind, where the amount involved is more than $25,000 the City Manager shall advertise for bids in such manner as may be designated by the Council. Contracts over $25,000 shall be let to the lowest responsible bidder. The Council may reject any and all bids. Competitive bids shall not be necessary in those cases where from the nature of the work to be done or the kind of property to be purchased it is apparent that competitive bids will not be received, and also in those cases where the Council shall by emergency ordinance otherwise provide, and except also in any contract for a local improvement made under M.S.A. 429.041 or any other law having an inconsistent provision relating to contract for local governments. Nothing contained in this section shall prevent the purchase of real or personal property on the installment payment plan. Further regulations for the making, receipt and opening of bids and letting of contracts may be made by motion, resolution or ordinance. If at any time in the future there should be enacted any statute by the State of Minnesota providing for an amount larger than $25,000 before the requirement of competitive bids, the City Council may pass and adopt ordinances in conformity with such statutes and thereafter proceed thereunder.