CR 2000-107 Revision Of City Charter Ordinance 2000-843
.uly 5, 2000
Council Report 2000-107
REVISION OF CITY CHARTER
ORDINANCE 2000-843
Proposed Action
Staff recommends that the Council approve the following motion: Approve Ordinance 2000-843 for first
reading.
This action will continue the process of amending the City Charter.
Overview
The Hopkins Charter Commission met in April and May of this year and voted to make a number of changes
in the City Charter.
Ordinance 2000-843 was drafted by city staff and distributed to the Charter Commission. The Commission
met on May 16, 2000 and voted to recommend the adoption of Ordinance 2000-843 by the Hopkins City
.-ounci!. Ordinance 2000-843 would limit the term of an appointed Council Member to a maximum of two
~ears by requiring a special election if the appointment to fill the vacancy occurs with more than two years
remaining in a term.
The City Council can 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
. Ordinance 2000-843
es A. Genellie
ssistant City Manager
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aouncil Report 2000-107
'Wf>age 2
Analysis of the Issues
. What changes are being recommended in the Charter?
The City Attomey has interpreted the language in the Charter regarding the filling of vacancies to mean
that whenever a vacancy occurs during a Council Member's term, the City Council will appoint a
replacement for the remainder of the term. For example, if a new Council Member was swam in at the first
meeting in January and then died the following day, the City Council would appoint a replacement for the
remainder of the four year term.
Minnesota state law handles this situation differently. If a vacancy occurs with more than two years
remaining in a term, the Council appoints someone to serve until a special election is held which can be at
the next scheduled Council election. At that election a Council Member is elected to fill out the remaining
two years of the term. If a vacancy occurs with less than two years remaining in a term, the Council
appoints someone to serve the remainder ofthe term.
Ordinance 2000-843 would limit the term of an appointed Council Member to a maximum of two years by
requiring a special election if the appointment to fill the vacancy occurs with more than two years
remaining in a term.
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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.
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.
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aouncil Report 2000-107
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Alternatives
1. Approve Ordinance 2000-843 for first reading.
2. Do not approve Ordinance 2000-843 for first reading and send the proposed ordinance back to the Charter
Commission for further action.
Staff recommends Alternative #1.
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2000-843
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 2.05 would be amended as follows:
Section 2.05. VACANCIES. Subdivision 1. A vacancy occurs if an
elected official dies, is convicted of a felony, is in violation of
the official oath, resigns, ceases to maintain a legal residence in
the City, fails to qualify for office, or fails, without good
cause, to perform any of the duties of her or his office for a
period of three months. In each such case the Council shall by
resolution declare such a vacancy to exi st and shall forthwith
appoint an eligible person to fill the same.
If the vacancy occurs before the first day to file affidavits of
candidacy for the next regular city election and more than two
years remain in the unexpired term, a special election shall be
held at the next regular city election and the appointed person
shall serve until the qualification of a successor elected at a
special election to fill the unexpired portion of the term. If the
vacancy occurs on or after the first day to file affidavits of
candidacy for the regular city election or when less than two years
remain in the unexpired term, there need not be a special election
to fill the vacancy and the appointed person shall serve until the
qualification of a successor. A person appointed to fill a vacant
position can file an affidavit of candidacy to seek election to the
position.
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Section 2. The effective date of this ordinance shall be ninety
days after publication.
First Reading: July 5, 2000
Second Reading: July 18, 2000
Date of Publication: July 26, 2000
Date Ordinance Takes Effect: October 25, 2000
By
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date