CR 92-147 Revision Of City Charter
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-JUlY 13, 1992 Council Report 92-147
REVISION OF CITY CHARTER
ProDosed Action
Staff recommends that the Council approve the following motion: Accept Ordinance #92-714. order its publication and set public
hearin~for August 18. 1992.
This action will continue the. process of amending the Hopkins City Charter. 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 1983. Since that time state laws and municipal practices
have changed. The Hopkins Charter Commission met on April 23, 1992 and voted to make a number of changes in the City
Charter,
Ordinance #92-714 was drafted by city staff and distributed to the Charter Commission in May. Based upon comments and
.uggestions from the Commission the ordinance was revised and again given to the Charter Commission in June. The
Commission met again on July 21, 1992 and voted to recommend the adoption of Ordinance #92-714 to 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 is the process for amending the City Charter?
. What changes are being recommended in the Charter?
SUDDortinf! Information
. Analysis of the issues.
. Ordinance #92.714
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. Council Report #92-147
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Analysis of the Issue~
-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 approvCd by the Mayor and published as in the
case of other ordinances. 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 ge~eral 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?
. 1. Removal of all gender based language in the Charter. For example, replacement of Councilmen by Councilmembers.
2. Replacement ofthe 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 Section2.03, 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.
8. 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.
9. Amending Section 2.08 in regard to the investigation of city affairs.
10. Amending Section 3.01 to change the manner in which special Council meetings are called. The new language refers to
state law.
11. Removing Section 3.02 which refers to the City Clerk as the Secretary of the Council.
12. Amending Section 3.04, Subd. 1 by replacing reference to the "Secretary of the Council" to "City Clerk".
13. Amending Section 3.04, Subd. 4 to remove the requirement that resolutions be read in fullbefore the City_Council.
14. Amending Section 4.03, Subd. 1 to change references to "City Manager" to "City Clerk",
15.' 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.
. 16. Amending Section 4.04, Subd. 2 by removing the use of an ordinance to call a primary election.
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.
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19. Deleting Section 6.02, Subd. 4. Health duties such as these are handled by Hennepin County.
20. Amending Section 6.03 to clarify the City Manager's authority to reorganize City administration and departments.
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. 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. Amending Section 6.06 to bring it into compliance with State law, '
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 refeqing to a specific interest rate.
29, Amending Section 12.04 by removing language referring to the first City Manager.
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