Loading...
CR 2000-090 Revision Of City Carter Ordinance 2000-843 .June 6, 2000 Council Report 2000-90 REVISION OF CITY CHARTER ORDINANCE 2000-843 Proposed Action Staff recommends that the Council approve the following motion: Approve Resolution 2000-35, accepting Ordinance 2000-843, 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 2000-843 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 . Council. The 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. . Altelllatives . Charter Commission Resolution 2000-2 . Resolution 2000-35 · Ordinance 2000-843 c . at sA. Genellie ssistant City Manager . .Council Report 2000-90 Page 2 Analysis of the Issues · What changes are being recommended in the Charter? The City Attorney 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 sworn 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. Milmesota 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 teml, the Council appoints someone to serve the remainder of the 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. . · 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. . .Council Report 2000-90 Page 3 The City Council can also propose amendments to the City Charter. Mi nnesota 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. This procedure could be used by the Council to secure an amendment to the Charter that the Charter Commission was unwilling to recommend. Alternatives I. Approve Resolution 2000-35, accepting Ordinance 2000-843, ordering its publication and setting a public hearing for July 5,2000. .2. Do not approve Resolution 2000-35 and send the proposed ordinance back to the Charter Conm1ission for further action. Staffrecommends Alternative #1. . . . . CITY OF HOPKINS Hennepin County, Minnesota CHARTER COMMISSION RESOLUTION NO. 2000-2 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 2000-843 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. I) /7 4/ r /l By ,.dZvv~ VI.'dU,-J!Jt1 / James C. Shirley, Ch~r Hopkins Charter Commission J es A. Genellie, Secretary opkins Charter Commission . . . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2000-35 RESOLUTION ACCEPTING CHARTER AMENDMENTS, ORDERING PUBLICATION AND SETTING PUBLIC HEARING WHEREAS, the Hopkins Charter Commission has presented to the Hopkins City Council proposed Charter amendments in the form of Ordinance 2000-843, and WHEREAS, the Hopkins Charter Commission has recommended that Ordinance 2000- 843 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 2000-843, 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 . . . 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! 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. 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 resol ution declare such a vacancy to exist 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. . . . 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