CR 2000-089 Revision Of City Charter Ordinance 2000-840
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.une 6, 2000
Council Report 2000-89
REVISION OF CITY CHARTER
ORDINANCE 2000-840
PI-oposed Action
Staff recommends that the Council approve the following motion: Approve Resolution 2000-34, accepting
Ordinance 2000-840, ordering its publication and setting a public hearing for July 5,2000.
This action will enable citizens to review the published ordinance and make comments at the public hearing.
Overview
The Hopkins City Charter was adopted in 1947. It was last updated in 1999. 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 2000-840 was drafted by city staff and distributed to the Charter Commission. The Commission
mct on May 16, 2000 and voted to recommend the adoption of Ordinance 2000-840 by the Hopkins City
e Council.
Thc proposed ordinance must now be published at least two weeks prior to a public hearing. The City Council
can only 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.
. Altematives
. Charter Commission Resolution 2000-1
. Resolution 2000-34
. Ordinance 2000-840
an s A. Genellie
sistant City Manager
.ouncil Report 2000-89
age 2
Analysis of the Issues
· What changes are being recommended in the Charter?
Ordinance 2000-840 would allow the City Council to adopt ordinances:
· establishing administrative penalties for violations of City ordinances;
· creating an administrative hearing process; and
. allow the administrative penalties and fees to be assessed ifnot paid.
. 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 affimlative 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
e 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.
The City Council can also propose amendments to the City Charter.
Minnesota Statute 410.12, Subd. 5, allows the Council to propose charter amendments to the voters by
ordinance. Any ordinance proposing such an amendment must be submitted to the charter commission.
Within 60 days thereafter, the charter commission must review the proposed amendment. After
reviewing the proposed amendment, the charter commission can approve or reject the proposed
amendment or suggest a substitute amendment. The commission then notifies the council of the action
taken. On notification of the charter commission's action, the council may submit to the voters the
amendment originally proposed by it or the substitute amendment proposed by the charter commission.
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This procedure could be used by the Council to secure an amendment to the Charter that the Charter
Commission was unwilling to recommend.
.ouncil Report 2000-89
age 3
Alternatives
1. Approve Resolution 2000-34, accepting Ordinance 2000-840, ordering its publication and setting a public
hearing for July 5,2000.
2. Do not approve Resolution 2000-34 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
CHARTER COMMISSION RESOLUTION NO. 2000-1
RESOLUTION RECOMMENDING AMENDMENT OF THE
HOPKINS CHARTER BY ORDINANCE
IT IS HEREBY RESOLVED by the Hopkins Charter Commission that the
Hopkins Municipal Charter be amended by Ordinance 2000-840 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 held at Hopkins City Hall on May 16,2000.
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By
Ja es A. Genellie, Secretary
opkins Charter Commission
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2000-34
RESO LUTION ACCEPTING CHARTER AMEN DM ENTS, ORDERI N G PU BLlCA TION
AND SETTING PUBLIC HEARING
WHEREAS, the Hopkins Charter Commission has presented to the Hopkins City
Council proposed Charter amendments in the form of Ordinance 2000-840, and
WHEREAS, the Hopkins Charter Commission has recommended that Ordinance 2000-
840 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 2000-840, orders it published in the official
newspaper, and sets a public hearing for July 5, 2000 at 7:30 p.m. for first
reading of said ordinance.
Adopted by the City Council of the City of Hopkins this Sixth day of June 2000.
By
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2000-840
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, SUED. 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.
Ordinances")
Chapter 12 ("Miscellaneous and Transitory Provisions-
would be amended as follows:
Section 12.14, Subd. 2, would be renumbered to Section 12.14, Subd.
4. Two new subdi vi s ions would be created using the following
language:
Subd. 2. Fines and Penalties. The Council may establish by
ordinance that a violation of a city ordinance is either a
misdemeanor or a petty misdemeanor, punishable in accordance with
state law. In addition, the Council may establish by ordinance a
procedure for imposing a civil penalty not to exceed $2000 for each
violation of a city ordinance. This procedure must provide an
opportunity for the accused to be heard by a neutral party, which
may be the City Council.
Subd. 3. Assessment of Fees and Civil Penalties. The Council may
provide by ordinance that fees and civil penalties imposed by the
city, including late payment penalties, may be assessed against
property which was the subject matter, or related to the subject
matter, of the fees and penalties, or property which was the
location of an activity, proposed use, delivery of city service, or
other circumstances which resulted in the fees and penalties. The
ordinance shall provide that the city must first attempt to obtain
voluntary payment of the fees and penal ties. The ordinance shall
further require the city to give notice and an opportunity to be
heard to the property owner listed on the official tax records
before the assessments are imposed. The assessments shall be
collected like special assessments.
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Section 2" The effective date of this ordinance shall be ninety
days after publication.
First Reading: June 6, 2000
Second Reading: June 20, 2000
Date of Publication: June 28, 2000
Date Ordinance Takes Effect: September 27, 2000
By
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date