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CR 92-175 Charter Amendements ; iii' Y '.. , ~ August 25, 1992 .... Council Report 92-175 . CHARTER AMENDMENTS Proposed Action Staff recommends that the Council approve the following motion: Approve Ordinance #92-714 for first reading. This action will continue the process of amending the City Charter. Overview The Hopkins Charter Commission has met several times during 1992. At its July 30 meeting the Commission unanimously recommended that the Hopkins City Council adopt Ordinance #92-714 in order to amend the City Charter. The Charter amendments have been published twice in the official newspaper. A public hearing is now required. If the Council approves this ordinance for first reading, second reading would be scheduled for -~ .' September 15. The City Council must approve the Ordinance unanimously and may not change any of the language contained within the Ordinance. Primarv Issues to Consider . What changes are being recommended in the Charter? j . Alternatives SuPPortim~ Information . Ordinance #92-714 a A. Genellie sistant City Manager . . ,. ' , , 1 Council Report #92-175 .\ Page 2 Analvsis of the Issues -What changes are being recommended in the Charter? 1. Removal of all' gender based language in the Charter. For example, replacement of Councilmen by Councilmembers. 2. Replacement of the term "officer" with "elected official" throughout the Charter. In addition the term "elector" is replaced by the term "voter" throughout the Charter. 3. A new section, Section 1.04 was added. This section deals with severability. Should any section of the Charter be found to be contrary to federal or state law, the rest of the Charter would be unaffected. 4. Removing language is Section 2.03, Subd. 2 that refers to the 1961 election. 5. Clarifying Section 2.03, Subd. 2 in regard to the City Council's role in certifying elections. 6. Amending Section 2.05 to bring it into conformance with state law. 7. In Section 2.06, the senior Councilmember is defined as the Councilmember who has served .the longest on the City Council. Amending Section 2.06 to clarify how the president pro tempore is selected and who serves as acting Mayor when the Mayor and president pro tempore are absent. 8. Amending Section 2.08 in regard to the investigation of city affairs. . 9. Amending Section 3.01 to change the manner in which special Council meetings are called. The new language refers to state law. 10. Removing Section 3.02 which refers to the City Clerk as the Secretary of the Council. 11. Amending Section 3.04, Subd. 1 by replacing reference to the "Secretary of the Council" to "City Clerk" . Language is also added to this section which would allow the printing' of a summary of an ordinance in the official newspaper. 12. Amending Section 3.04, Subd. 4 to remove the requirement that resolutions be read in full before the City Council. 13. Amending Section 4.03, Subd. 1 to change references to "City Manager" to "City Clerk". 14. Amending Section 4.04, Subd. 1 to change references to the City Manager to City Clerk and remove the language regarding how candidates for office are to appear on a ballot. State law determines this. ' 15. Amending Section 4.04, Subd. 2 by removing the use of an ordinance to call a primary election. 16. Minor wording changes are made to Section 6.01. 17.Amending Section 6.02, Subd. 2 by removing language referring to the City Manager as Superintendent of Police. 18. Amending Section 6.02, Subd. 3 by removing any reference to specific employees and adding language regarding hiring according to state and federal laws. 19. Deleting Section 6.02, Subd. 4. Health duties such as these are handled by Hennepin County. . 20. Amending Section 6.02, Subd. 5 and Section 6.03 to clarify the City Manager's authority to reorganize City administration and departments. , , Council Report #92-175 . Page 3 21. Amending Section 6.04 by simplifying language regarding the duties of the City Clerk. 22. A new Section 6.05 was added authorizing the City Council to appoint a City Attorney. This authority was moved from Section 6.04. 23. Renumbering and amending Section 6.05 to allow the City Manager to approve and sign contracts and agreements of up to $5,000.00 in value. 24. Renumbering and amending Section 6.06 changing the contract amount which requires sealed bids. 25. Amending Sections 7.04, 7.05, and 7.08 in regard to budgets. Language referring to specific dates was removed due to the impact of the State's Truth in Taxation law. 26. Clarifying Section 7.11, Subd. 3 by allowing the Council to approve investments through the adoption of a general policy on investments. 27. Amending Section 7.13 by changing the last date for submittal of the financial report to June 30. The new language also removes the requirement for publishing the Financial Report in the official newspaper. 28. Amending Section 9.03 by removing language referring to a specific interest rate. 29. Amending Section 12.04 by removing language referring to the first City Manager. . Alternatives 1. Approve Ordinance #92-714 for first reading. This action would continue the process of amending, the City Charter. 2. Return Ordinance #92-714 to the Charter Commission with suggestions for changes. This action would require at least one more meeting of the Charter Commission where the Commission could review the Council's suggestions. 3. Vote to not adopt Ordinance #92-714. This would end the process of the amending the City Charter. Staff recommends Alternative # 1. . , 1 . CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 92-714 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, ulon recommendation of and from the Hopkins City Charter Commission does hereby or ain 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. Removal of all gender based language in the Charter. Councilman has been changed to Councilmember. He and his have been changed by using the position's title or by inserting she and her. Section 2. The term "officer" has been replaced with the term "elected official" throughout the Charter. In addition the term "elector" has been replaced by the term "voter" throughout the Charter. Section 3. A new Chapter 1, Section 1.04 is added to read as follows: Section 1.04. SEVERABILITY. This Charter is subject to the laws of the' United States and the State of Minnesota. In the event any provision of this Charter shall be held contrary to law such provision shall be voided. All other provision of this Charter shall continue in full force and effect. . Section 4. Chapter 2, Section 2.03, Subd. 2 is amended as follows: Subdivision 2. The Mayor will serve for a term of two years, and the four Gooneilmtm-Councilmembers shall serve for terms of four years each;~ept-that-at-the-i'~gular--Gity.-elei:-tioa--held-ia--the-.yeaf--l%1-,-,thtHwe Gooneilmtm-whe-reeeive-the-highest--Bumber-e~-'Vet-es-shaU..ee.~lee-too..fef-terms-ef-.fe1H'-~aF5-eaeh--aad-the-et~ tW&G6UBeilmea-whe-al'e-eleeted-shall-S61'V&.fef.tel"ms-ettw&~aF5-eaeh. The terms of all eleetwe-efficers-elected officials shall commence on July 1st and all shall serve until their successors are elected and qualify. Section 5. Chapter 2, Section 2.03, Subd. 3 is amended as follows: Subdivision 3. *oo-GooneiJ.-shall-be-jadge.ef-the-~leetioo-ef.-all--eleetive-effieet's; After the City general election. the City Council shall. at their next regularly scheduled meeting. meet as the canvassing board and declare the results of the election. The candidate receiving the highest number of votes for a particular office is elected. If the election results in a tie. then the winner should be determined by lot in the presence of the Council acting as the canvassing board. Section 6. Chapter 2, Section 2.05, Subd. 1 is amended as follows: - Section 2.05. VACANCIES. Subdivision 1. A-weaRi:.y-ia-any.&leetiv&-effie&-shall-be-deemed-ta--exist-ia--c-aS&-ef too-faihlf~H*-any-per~&-elected-46fet&-te--qualify-en-ef-befer~-the-dat6--ef-too-seeood-fegWaf--mootiag-et-the Goonea-after4&-eIectioa--ef-sueh-effie&f;-er--by.Teasen-ef.4&-ileath;~TesignatieB;-remEWal-.fi'-em-:effIee;-i'-emeval frem-the-Gity;-er-oonYietien-ef-a-felony-ef-aay.-sueh-p6Fsoo-whether-befere-eF-aftet:-.ftis~~lifteatieB;-9f-by-r~roB ef.-the-.failUfe--ef-any-eleeted-effieiaJ,.Wl.theut--geed-ealiS&-te-perfeFm-aay.-ef-the-eutles-e~-his-office-feF-a-peried-ef thfe6--meatbfr. 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 exist and ia--th6-eftse--ef-a-weaney-in4he-effle6-ef4&Mayef eF-Geuooilmaa shall forthwith appoint an eligible person to fill the same. ' 'f,,.' , 2 . Section 7. Chapter 2, Section 2.06, Subd.1 is amended as follows: . Section 2.06. THE MAYOR. Subdivision 1. 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 chosenby the full City Council at the first Council meeting in July after a municipal election. The president pro tempore wOO-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 8. Chapter 2, Section 2.08 is amended as follows: Section 2.08. INVESTIGATION OF CITY AFFAIRS. The Mayor, the Council, andh the City Manager;-ef either-of:-them, and/or an~ emcer-individual formally authorized by them;-er-e-it-her-ef-them, shall have powerto make investigations into t e City's affairs-ta-subpoena-witaess6&;oomiRister--eat-hs;-and-oompel-the-pFedoohea--ef beoks-aad"f}apel'S. The Council shall provide for the annual examination or audit of the account of the City. Section 9. Chapter 3, Section 3.01 is amended as follows: Section 3.01. COUNCIL MEETINGS. The Council shall meet at such time as may be prescribed by ordinance or resolution, except that they shall meet not lessthan once each month. The Mayor or any two members of the Council may call-speeial-meetings.upea--at.J.east-tW6lYe-heufs-netiee-t(}-ea€hmembeF..ef-the-Gouneil.--&\K\h-netke 'shall.ee.delivered"f}efSeUally-ta-.each-member-Of-shall-be-left-with-50me--i'espensible--per-sen-at-the-memoor!s-l:lSUal plaee-(}f-i'esidenee:a special meeting. The rules for calling a special meeting. as set out in the Laws of the State of Minnesota. shall be followed. ,All meetings of the Council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. Section 10. Chapter 3, Section 3.02 is deleted in its entirety and all following sections are renumbered. . Section 11. Chapter 3, Section 3.03, Subd. 1 is amended by replacing the words "Secretary of the City Council" with the words "City Clerk, by deleting the words "and by hIm recorded and' preserved", and by adding the following language: . The publication requirement shall also be satisfied where. in the case of lengthy ordinances. the City Council determines that publication of the title and a summary of the ordinance would clearly inform the public of the intent and effect of the ordinance. In such cases 'the state law regarding the publication of ordinance summaries will be followed. Section 12. Chapter 3, Section 3.03, Subd. 4is amended as follows: Subdivision 4. Every resolution shall be presented in writing-aad-rood-iR-.full-bcfere--a-~.e-is-takoo-thereen; ualess-t-he-re-adiRg-(}f-a-feselm:ioa-is-dispensed-with-hy-unanimeus-eoB:Seat. Section 13. Chapter 4, Section 4.04, Subd. 1 is amended by deleting the following language: "The names of the candidates for each office to be voted on shall be arranged in the alphabetical order of their surnames." Section 14. Chapter 4, Sections 4.03 and 4.04 are amended by replacing the word "Manager" with the word "Clerk". Section 15. Chapter 4, Section 4.04, Subd. 2 is amended by deleting the words "ordinance or". . I <, .- " 3 . Section, 16. Chapter 6, Section 6.01 is amended by replacing the words "administrative officer" with "administrator" and "removable" with "removed". Section 17. Chapter 6, Section 6.02, Subd. 2 is amended as follows: Subdivision 2. He- The Manager shall.ee.-th~&apeA'iser-ehh60Polioo-Depm:tmoot;-an6 shall see that this Charter and the Ordinances and Resolutions of the CitY. are enforced and shall report any non-compliance to the City Councilor other appropriate a2:encies;-and-the-laws4-the-GKy;State-ilBd-Natioa-are-enfer<:-ed. Section 18. Chapter 6, Section 6.02, Subd. 3 is amended as follows: Subdivision 3. Except as in this Charter otherwise provided, he-the Manager shall appoint and may remove the ,Gity-Gler*.-the-Gi~-Assessef-and-all ether~-itY'-effleeffi;md-employees. All appointments to-shall be upon merit and fitness alone and in conformance with state and federal laws. Section 19. Chapter 6, Section 6.02, Subd. 4 is deleted., Section 20. Chapter 6, Section 6.02, Subd. 5 is amended as follows: Subdivision ~j. He-The Manager shall exercise control over all departments and divisions of the City administration-ere-ated-by-this-GhaFter-or-whieh-may.ooher-eafte-r-€reatro.ey.the-Gooneil. Section 21. Chapter 6, Section 6.03 is amended as follows: Section 6.03. DEPARTMENTS OF ADMINISTRATION. Ypea-the-feoommoodatien4the City Manager;4.e . eeaneil may create such departments::and divisions and-.eureall5-for the administration of the City's affairs;-and may-ooaet-sueh--admiaistr-afiYe-<:-ede--fOF-the-Gity;-a~ may seem necessary, and may from time to time alter the same. Section 22. Chapter 6, Section 6.04 is amended as follows: Section 6.04. SUBORDINATE GFFlGERSEMPLOYEES. There shall be a City Clerk-ana.-sueh-ether-effleer-s subordinate to the City Manager-as--th60~eaneil-may-ere-at60by-erdinanee. The City Clerk shall be subject to the, direction of the City Manager, and shall have such duties ia-oonneetien-with4he-keeping-ehh60poolie-reoorJ;-the eustedy--aad-diseufsemoots-ef-the-puboo:'fand&;-aad-the-genera~-administ-r-atien-ef-the--Gity'-s--affak-s--atr-shall-be efdaiaed-by-th60~eaneil-er-as provided by law.--lIe-iUay..a60-designated-te-ai:-t-as-Sooretary-ef-the-.(;:eUBc-il-ana.alse a&.T-reaslK-er:--+he.~eaneil-may-by--erdiBaac-e-abolish~emoos-whieh-.fitw~.aee&-€reated-by-ofdinanee;-;md-may cembiBe--th60dmies-ef~ar-iea&efflees-as-it-may-see-Hh Section 23. A new Chapter 6, Section 6.05 is added to read as follows: Section 6.05. CITY ATTORNEY. The City Council may appoint a city attorney to advise the Council on legal matters. Section 24. Chapter 6, Section 6.05 is renumbered to Section 6.06 and is amended as follows: Section 6.~1i. PURCHASES AND CONTRACfS. The City Manager shall be the chief purchasing agent of the City. All purchases in behalf of the City shall be made, and all contracts let by the City Manager subject to the approval of the Council. Such approval must be secured in advance whenever the amount of such purchase or contract exceeds ~;GOO$5.000. All contracts aad-..oooos, in excess of this amount to which the City shall be a party~ shall be signed by the Mayor and by the City Manager in behalf and in the name of the City. . .,..:"; ~ 'Ii> ' . 4 . Section 25. Chapter 6, Sectian 6.06 is renumbered to' Sectian6.07 and is amended as fallaws: Sectian6.06]. CONTRACTS/BIDS. In all cases afwark to' be dane by cantract, ar far the purchase af persanal praperty af .any kind, where the amaunt invalved is mare than ~;GOO.oQ$15.000 the City Manager shall advertise far bids in such manner as may be designated by the Cauncil. Cantracts aver ~;GOO.oQ$15.000 shall be let to' the lawest respansible bidder. The Cauncilroay reject any and all bids. Campetitivebidsshall nat be necessary 6*e613~in thase cases where fram the nature af the wark to' be dane ar the kindaf praperty to' be purchased it is apparent that campetitive bids therefer-will nat be received, and also' in thase cases where the Cauncil shall by emergency ardinance atherwisepravide, and except also' in any cantract far a lacalimpravement made under M.SA. 429.041 ar any ather law having anincansistent pravisianrelating to' cantract far lacal gavernments. Nathing cantainedin this sectian shall prevent the purchase af real ar persanal praperty an the installment payment plan. Further regulatians far the making, receipt and apening af bids and letting af contracts may be made by matian, resalutian ar ardinance. If at any time in the future there shauld be enacted any statute by the State af Minnesata praviding far an amaunt larger than $-1;GOO.oQ$15.000 befare the requirement af competitive bids, the City Cauncil may pass and adaptardinances in canfarmity with such statutes and thereafter praceed thereunder. Section 26. Chapter 7, Sectian 7.02 is amended as fallaws: Sectian 7.02. FISCAL YEAR. The Fiscal year af the city shall be the calendar yearood-eooh-year--en--Dec-enlber 3-1st Section 27. Chapter 7, Sectian 7.04 is amended as fallaws: The budget shall be submitted to' the Cauncilat--il&-fiFst-:r-egular--mootffig-ia--Sept-emberat a regular Cauncil meeting. in a manner prescribed by state statute, nat less than 30 days priar to' finalappraval. It shall be a public recard apen to' public inspectian by anyone and the City Manager shall cause sufficient capies thereaf to' be . prepared far distributian to' the Mayar, members af the Cauncil and interested persons. Section 28. Chapter 7, Sectian 7.05 is amended as follaws: Sectian 7.05., PASSAGE OF THE BUDGET. The Cauncil shallhalda public hearing anthebudget-~-its seeend:r-egular-meeting-ifl.-September and it shall make such changes therein as it deems necessary and adapt the budget by. Resalutian-aet-later-than--the-first-regulaF-C-euooil-meeting-ffi-Gc-teber. Section 29. Chapter 7, Sectian 7.07 is amended by deleting the words "and no' ather." Section 30. Chapter 7, Section 7.08 is amended as fallaws: Section 7.08. LEVY AND COLLECTION OF TAXES. On ar before the first-last regular meeting in Gc-teber December each year the Cauncil shall levy the taxes necessary to' meet the requirements of the budget far the ensuing fiscal year. The City Manager shall transmit to' the Caunty Auditar annuallY;-Bot-.J.ater-thaa-Geteber-.lQth; a statement af all the taxes levied, and such taxes shall be callected and the payment thereaf be enforced with and in like manner as State and County taxes. Section 31. Chapter 7, Section 7.10 is amended by adding the words "or her or his designees". Section 32. Chapter 7, Section 7.11, Subd. 3 is amended by deleting the words "after approval" and adding the words "accarding to' palicies adapted". . :";'-"'- i " , . 5 Section ,33. Chapter 7, Section 7.13 is amended as follows: I . Section 7.13. ACCOUNTS AND REPORTS. The City Manager shall be the chief accounting officer of the City and he-shall submit to the Council a: statement each month-shewing-the-ameunt--ef-meney-m4t).(:-itj'-T-reasur-y; the-stat-us--ef-aU-fuads;--too-ameunt--t;p6at--er-ooaFgooble-against-eaelr44t)-anaual-badget-allewanees--and--tile balanees-.J.eti-m-eoofl;-and-sueh-ethefcontaining information relative to the fmances of the City as the Council may require. Bef-ef6--Fe9rilm:y-fifst-eaehEach year; the City Manager shall submit a report to the Council. no later than June 30. covering the entire fmandal operations of the City for the past year. This report shall follow the style and form, as far as practicable, prescribed by-the-P-ublie-Exammef-ofMinooseta-for annual City fmandaI reports and it-shall-be-published.m-too-emeial-Gity~copies will be made available to interested parties. Section 34. Chapter 9, Section 9.03 is amended by deleting the words "at the rate of six percent per annum" and by adding the words "set at current rates of by state law". Section 35. Chapter 12, Section 12.02 is amended by deleting the words "or City Manager". Section 36. Chapter 12, Section 12.04 is amended by deleting references to the first City Manager. First Reading: September 1, 1992 Second Reading: September 15, 1992 Date of Publication: September 23, 1992 . Date Ordinance Takes Effect: December 23, 1992 Mayor Attest: City Clerk .