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CR 94-220 Revision Of City Charter '-ovember 29,1994 ~ Council Report 94-220 REVISION OF CITY CHARTER Pro Dosed Action Staff recommends that the Council approve the following motion: Approve Resolution #94-108. accepting Ordinances #94-748 and #94-749. ordering their publication and setting a public hearing for January 3. 1995, This action will enable citizens to review the published ordinances and make comments at the public hearing. Overview The Hopkins City Charter was adopted in 1947. It was last updated in 1993. The Hopkins Charter Commission met in November and voted to make two changes in the City Charter. Ordinances #94-748 And #94-749 were drafted by city staff and distributed to the Charter Commission, The Commission met on November 15, 1994 and voted to recommend the adoption of Ordinance #94-748 by the Hopkins City Council. The Commission met again on November 29, 1994 and voted to recommend the . adoption of Ordinance #94-749. The proposed ordinances 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 is the process for amending the City Charter? . What changes are being recommended in the Charter? SUDDortine Information . Analysis of the issues. . Resolution #94-108 . Ordinances #94-748 and #94-749 '. I c:":' //~:k {// . . ~ouncil Report #94-220 Page 2 Analvsis of the Issues . 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. An ordinance amending a City Charter shaH 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. . What changes are being recommended in the Charter? Currently, City elections are held in May of odd numbered years. The Minnesota Legislature adopted a law in 1994 which requires all local elections to be held in November. The local unit of government has the choice of when to move its elections to November, it must be done by 1998, and whether to have its elections in odd or even numbered years. The Charter Commission is recommending that the City of Hopkins continue to have its election in odd numbered years, and that the change be made in 1995. The Charter Commission felt that Hopkins should continue to hold its elections in odd numbered years for the following reasons: 1. The Hopkins school district and several surrounding communities will be holding their elections in November of odd numbered years. 2. More attention will be given to local races if they are not on the same ballot as state and national contests. The Commission also felt that, if the City must change its election date, it should be done as soon as possible. The effect of this change would be to move the 1995 election from May to November. Councilmembers' terms would begin on first day of January following the election. .The second recommended change to the Charter is more of a housekeeping measure. The language in Section 2.07 concerning salary and expenses was somewhat unclear. This Section has now been split into two subdivisions, the first concerning salaries and the second concerning expenses. . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 94.108 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 Ordinances #94-748 and #94-749, and WHEREAS, the Hopkins Charter Commission has recommended that Ordinances #94-748 and #94-749 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 Ordinances #94-748 and #94-749, orders them published in the official newspaper, and sets a public hearing for January 3, 1994 at 7:30 p.m. for first reading of said ordinances. Adopted by the City Council of the City of Hopkins this sixth day of December, 1994. By Charles D. Redepenning, Mayor ATTEST: James A Genellie, City Clerk . CITY OF HOPKINS . HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 94-748 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 change s , deletions, and amendments of or from the following chapters and sections of the Hopkins City Charter: Section 1. Section 2.03, Subdivision 2 is amended as follows: Subdivision 2. The Mayor will serve for a term of two years, and the four Councilmembers shall serve for terms of four years each. The terms of all elected officials shall commence on July January 1st and all shall serve until their successors are elected and qualify. Section 2. Section 2.06, Subdivision 1 is amended as follows: Section 2.06. THE MAYOR. Subdivision l. The Mayor shall be the . presiding officer of the Council and shall vote on all motions before the Council as any other member thereof. A president pro tempore shall be chosen by the full City Council at the first Council meeting in July January after a municipal election. The president pro tempore shall serve as presiding officer in the Mayor's absence, and as Acting Mayor in case of the Mayor's disability or absence from the City. In cases where the Mayor and the President Pro Tempore are both absent, the Councilmember, who has served the longest, shall perform as acting Mayor. Section 3. Section 4.01, Subdivision 1 is amended as follows: Section 4.0l. MUNICIPAL ELECTIONS. Subdivision 1. The regular election for the choice of the elected officials of the City shall be held on the third Tucodo.y in Hay first Tuesday after the first Monday in November in odd numbered years beginning in 1995. The City Manager shall give notice of all elections in the manner prescribed by the laws of Minnesota for cities of the same classification as Hopkins, but failure to give such notice shall not invalidate such election. . . First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: Mayor Attest: city Clerk . . CITY OF HOPKINS . HENNEPIN COUNTY, MINNESOTA ORDINANCE N9- 94-749 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 change s, deletions, and amendments of or from the following chapters and sections of the Hopkins City Charter: Section 1. Section 2.07 is amended as follows: SMl\RIES Scction 2.07. SJI..Ll\...'l.IES }\ND EXPENSES. Thc HJyor nnd members of the City Council :JhJll eJch recei7e In annunl onlary no the Council mJY by ordinJncc eotJblioh in ouch nmount JD thcy deem reJoonablc. No change ln ouch sJlo.ric:J ohall tJ]ce effect until after the ne}{t oucceeding municipal elcction. The Hayor and Councilmember:J ohall be pnid J rea:Jonnblc Dum. . for CJch day and/or thcir reJ:Jonable expenocD incurred 'dhilc trJveling outsidc of the City on thc City's buoine:J:J. Thc City HDnJgcr and nll other employec:J of thc City OhDll reCCl ToTC ouch DJIJricD, '.:Jgco, and expcnDcD 0.0 from time to time mDY bc fixcd by the City Council. SALARIES AND EXPENSES Section 2.07. SALARIES. Subdivision 1. The Mayor and members of the city Council shall each receive an annual salary as the Council may by ordinance establish ln such amount as they deem reasonable. No change in such salaries shall take effect until after the next succeeding municipal election. The City Manager and all other employees of the City shall receive such salaries as from time to time may be fixed by the City Council. Subdivision 2. EXPENSES. The Mayor and Councilmembers shall be paid a reasonable sum for each day and/or their reasonable expenses incurred while traveling outside of the City on the City's business. The City Manager and all other employees of the City shall be paid their reasonable expenses incurred while traveling outside of the City on the City's business. . First Reading: . Second Reading: Date of Publication: Date Ordinance Takes Effect: Mayor Attest: city Clerk . .