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CR2002-040 Ord 869 Amending Charter . .arch 19, 2002 Council Report 2002-40 FIRST READING OF ORDINANCE 2002-869 Proposed Action Staff recommends that the Council approve the following motion: Approve Ordinance 2002-869 for first reading. This action will continue the process of amending tlle City Charter. Overview Ordinance 2002-869 would change the date that ordinances become effective from 20 days after publication to the day ofpubJication or a specific date set by the City Council. State law does not require either a second reading of an ordinance or a waiting period between publication and the effective date of an ordinance. The purpose of the twenty-day period may have been to give individuals time to become familiar with an ordinance prior to enforcement. However, many of the ordinances that the .ity Council passes do not fall into the category of "enforcement" ordinances. For example, in 2001 only one of the thi11een ordinances adopted by the City Council was this type of ordinance. There may be times when the twenty-day waiting period causes an inconvenient delay in the adoption of an ordinance, If a new "enforcement" ordinance were to be adopted, staff would argue that twenty days is probably insufficient notice. In these cases the Council could choose a later date for the ordinance to become effective. Due to a delay in the publication of the ordinance, staff is recommending that the public hearing be continued until April 2. Supportin2, Information . Ordinance 2002-869 "I ,) I //' . / l ~~~.. - ~,::,-_........... L ( /7'((1.. ~{ L{ James A. Genellie Assistant City Manager . .ouncil Report 2002-40 Page 2 Analvsis of the Issues . What changes are being recommended in the Charter? . Ordinance 2002-869 would change the date that ordinances become effective from 20 days after publication to the day of publication or a specific date set by the City Council. . What is the process for amending the City Charter? The City Chmier may be amended by Ordinance using the following procedure: Upon recommendation of the Charter Commission, the City Council may enact a Chmier Amendment by Ordinance. Such an ordinance, if enacted, shall be adopted by the Council by an affinnative 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. . 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 Chmier 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 2002-869 for first reading. I Do not approve Ordinance 2002-869 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 2002-869 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 0= aIld 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 tht:' Hopkins City Charter: Section 1. Section 3.03, Subdivision 1 lS amended as follows: Section 3.03. ORDINANCES, RESOLUTIONS AND MOTIONS. Subdivisiun 1. Except as otherwise provided in this Charter, all legislation shall be by ordinance. The enacting clause of all City Ordinances shall provide either one of the following enacting clauses: "Be it ordained by the Council of the City of Hopkins" or "The Council of the City of Hopkins hereby ordains as follows". Every ordinance shall be presented in writing and every ordinance, other than emergency ordinances, shall have two public readings and at least . three days shall elapse between the first and the second readings thereo f . Every ordinance passed by the Council shall be signed by the Mayor and the City Clerk, and shall be filed with the City Clerk. Every Ordinance that has been adopted shall be published at least once in the official newspaper of the City within 30 days after its passage by the Council. All ordinances, except emergency ordinancesr shall take effect 20 d.:J.'y':J .:J.ftcr on the date of thpir publicationr unless a later date is fixed therein, in which event they shall take effect at such later date. Ordinances adopted by the voters of the City shall take effect at the time fixed therein, or, if no such time is designated thereinr then immediately upon the adoption thereof. Section 3. The effective date of this ordinance :.:5hall be ninety day:.:5 after publication. First reading: March 19, 2002 Second reading: April " 2002 L. , Date of Publication: April 10, 2002 Date Ordinance Takes Effect: July 10, 2002 . By . Gene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk A~PROVED AS TO FORM AND LEGALITY: City Attorney Signature Date . .