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CR 92-147 Revision City Charter , P' '. .- .. . Council Report 92-147 ' July 29,1992 REVISION OF CITY CHARTER' Proposed Action Staff recommends that the Council approve the following motion: Approve Resolution #92-65. accepting Ordinance #92-714. ordering its l>ublication and setting a l>ublic hearing for September 1. 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 . suggestions from the Commission the ordinance was revised and again given to the Charter Commission in June. The " 'Commission met again on July 30, 1992 and voted to recommend the adoption of Ordinance #92-714 tothe 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. Primarv Issues to Consider . What is the process for amending the City Charter? . What changes are being recommended in the Charter? ' Supportin2 Information . Analysis of the issues. . Resolution #92-65 . Ordinance #92-714 . "-"" ~ ~ (:\ '10 .council Report #92.:147 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 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 01' 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 voter!; 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 general or !;pecial 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 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. Anew 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 Councihnember 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 3.01.10 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. I by replacing reference to the "Secretary of the Council" to "City Clerk". 13. Amending Section 3.04, Subd. 4 to remove the requirementthat resolutions be read in full before the City Council. 14. Amending Section 4.03, Subd. I to change references to "City Manager" to "City Clerk". 15. Amending Section 4.04, Subd. I 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 a!ld federal laws. ~- - .~-~~~- ..._~ ,,- v . Council Report #92-147 Page 3 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 Attomey. 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. . ,- . -.-- c" . . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 92-65 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 #92-714, and WHEREAS, the Hopkins Charter Commission has recommended that Ordinance #92-714 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 #92-714, orders it published in the official newspaper, and sets a public hearing for September 1, 1992 at 7:30 p.m. for first reading of said Ordinance. Adopted by the City Council of the City of Hopkins this 4th day of August, 1992. By Nelson W. Berg, Mayor ATTEST: James A. Genellie, City Clerk . ----- ....__._-_._.~-~ ",,- -.. , 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, ~on 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 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. Section 2.03, Subd. 2 is amended as follows: Subdivision 2. The Mayor will serve for a term of two years, and the four Geuneilm6ll-Councilmembers shall serve for terms of four years each;~H~-at-{heri'-egular-.Qty--ele$oa-.fteld-ia-{herj'eaf--l.%l-,-{ht>-PNe Gaaneilm6ll-wBe-r6eei\'6-t:he-lHghest-Cftumber-o~.yet.es-sbalJ:..ee.-ele<<*fof-t:erms-ef-f6Ui'-'feQfS-eae&-aad-t:he-ethu tw&Geaacilmea-whe-afe-eleeted-5Ilall-S6l'V&.fof-ter-ms-ef-tw&'feafS-eaeh. The terms of all eleet:wt>effiGers-elected officials shall commence on July 1st and all shall serve until their successors are elected and qualify. Section 5. Section 2.03, Subd. 3 is amended as follows: Subdivision 3. ~he-GooneiJ.-shalI-be-judge-etthe--ele<<iOB-et-a1J.-ele<<i\'6-effiOOf'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 fOf 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. Section 2.05, Subd. 1 is amended as follows: Section 2.05. VACANCIES. Subdivision 1. A-\laeftB~-is-aBy.~€tive--effte&-shalI-be-deemed-t&-exist-ia--ease--ef t:he_failHfe_~-any_per'5en-eIeetea.46fet&-t&-.qualitY-eD-0f-befet:e-the-dat&-ef-the-seeOBd-fegulaf--Bleetiag-ef.{h8 GeuneiJ.-aftef'-4&-electiea--ef-sueh-emE:6f;-er-~ftasen-et4h&.eeath;ftsigaatiOB;-remeval-f{'~m--eff1ee;-{'-emoval fFom._t:he..(;~;-aF_OOBYiet:ien-ef_8:-fele~-ef_aBY.-saeh-p6l'SOB-whetheF-bef&re-Of-afier-.ftis-fJUalifl6atiOB;-0l'-by.FeasoR et{herfailuft>-af-any-eleeted-emtial-withem--geed-eaase--te-perfOfBl-aBY'-ef-t:he.Qut:ies-o~-lHs-offioo-fef-;l-peried-ef dH:e&inOBths: 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 lel!al 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 bv resolution declare such a vacancy to exist and ia-{hereast>-af-a-YaeQB~in4fta.-effKlt>O~4h&May9f ef-~ shall forthwith ~point an eligible person to fill the same. ...... ... 2 ,_'c.. . Section 7. Section 2.06, Subd.l 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 chosen.by the full City Council at the ftrst Council meeting in July after a municipal election. The president pro tempore whe-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. Section 2.08 is amended as follows: Section 2.08. INVESTIGATION OF CITY AFFAIRS. The Mayor, the Council, and1m'the City Manager;-ef either-ehhem,.m!dLor any efflcef-individual formally authorized by them;-er-~ef--ef-them, shall have power to make investigations into the City' s affairs-l&tlUbpoena-witB:esse&;a6miBister--eaths;-and-~-elDflel-tbe-pl'edacaeB--ef geeks-ftBd~. The Council shall provide for the annual examination or audit of the account of the City. Section 9. 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 less than once each month. The Mayor or any two members of the Council may call-speeial-meNing&Uf>6B--al.teast-{W6lye..beuFs-netie&te-eaeh~-ef-lhe-Geatleil.--Sach-netiee shan.e&deliv6f'edjl6f59BaDy.t&-each-membei:-Ol'-shall-be-left-wilh-semeftspensi9l&-pt>fS8D-at-the-membef!s-usual pIae&elftsidenee:a s~ecial 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. Section 3.02 is deleted in its entirety and all following sections are renumbered. . . Section 11. 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 satisfted 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. Section 3.03, Subd. 4 is amended as follows: Subdivision 4. Every resolution shall be presented in writing-aad-fead-iB-.full..:eefec-e-a--YOt-e-is-takeIHbereen; UBles&4:h&readia~el-a-feselatiea-is-4ispensed-with-~-ananimeus-eeaseBt. Section 13. 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. Sections 4.03 and 4.04 are amended by replacing the word "Manager" with the word "Clerk". Section 15. Section 4.04, Subd. 2 is amended by deleting the words "ordinance or". II' -_.- --~ MR - _1IIl/ffiINf;~.liil~~.~,~~ ~ ,[-: ,~, '4 , 3 Section 16. Section 6.01 is amended by replacing the words "administrative officer" with "administrator" and "removable" with "removed". Section 17. Section 6.02, Subd. 2 is amended as follows: Subdivision 2. He- The Manager sball.t*H:he-~-ehBe-JileIWe-DepartmeRt;-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 Council or other <\ppropriate agencies;-an6-tlte-laws-etthe..(;ity;-Stat&-aad-NatiOR-afe-enfer-GeEl. Section 18. 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 Gi~"(;ler*.-th&-Gi~-Assessef-ane.all etB6foQty.-effieeF&-aad-employees. All appointments te-MYY!. be upon merit and fitness alone and in conformance with state. and federal laws. Section 19. Section 6.02, Subd. 4 is deleted. Section 20. Section 6.02, Subd. 5 is amended as follows: Subdivision~. . He-The Manager shall exercise control over all departments and divisions of the City administration-ei'&ated-~{his-GBat:ter-ef.wJHeh-may*iiefeaft6l'-Q'eated.ey.th&-Geuneil. , , Section 21. Section 6.03 is amended as follows: . . Section 6.03~ DEPARTMENTS OF ADMINISTRATION. {Jpes-tlte-feeemmeRdatieD4the City Manager;-tBe eoBBeil may create such departments-.muJ, divisions /HlQ.-9ufea:as..for the administration of the City's affairs;-anEl maY-e:&aet-sueltildmiBisti'ittiYe-~.fef-the-Gi~;-as may seem necessary, and may from time to time alter the same. Section 22. Section 6.04 is amended as follows: Section 6.04. SUBORDINATE GFFIGER-SEMPLOYEES. There shall be a City Clerk-anQ.'6Ueh-eth6fo~ffleel'6 subordinate to the City Manager-as--the-GeBBeil-may-er&ate-.ey.~fElinaDee. The City Clerk shall be subject to the direction of the City Manager, and shall have such duties m.OODB6etien-with-t:lte-keepmg.ef-the-paaHe-t=ecerd;-the eustedy.-aad-di59ufseBieRts-ef-tlte-pubJie.-amas.,--aad-the-genei'al--admiaistfatieD-ef-tB&..(;ity',s._affair,s._as--shaU-be OfdaiBed-~-the-GeBBeil-er-as provided by law. --H&-m~.ee.4esigaated-te-IWt-il5.seefewy.ef-tB&.(;:~UBeil-anQ.-aIse as--T-f'8asu:r-ef~--+he-{;;eUBeil-may-.ey.~f(liBaae-e-abalish-effiees-whieltiiave-.eeeB--efeated~by_Ofdinanee;_-aad-may eombiB&-the-dutie&~f-vaf'-ieU&~ffK!e&il5-it-may.see-f.'if; Section 23. A new Section 6.05 is added to read as follows: Section 6.05. CITY A TIORNEY. The City Council may appoint a city attorney to advise the Council on legal matters. Section 24. Section 6.05 is renumbered to Section 6.06 and is amended as follows: Section 6.~. 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 ~;OOO$5.000. All contracts aad-beads, 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. ...: .:;,-... 4 i Section 25. Section 6.06 is renumbered to Section 6.07 and is amended as follows: Section 6.061. CONTRACI'S/BIDS. In all cases of work to be done by contract, or for the purchase of personal property of any kind, where the amount involved is more than ~;OOG.oo$15.000 the City Manager shall advertise for bids in such manner as may be designated by the Council. Contracts over ~;OOG.oo$15.000 shall be let to the lowest responsible bidder. The Council may reject any and all bids. Competitive bids shall not be necessmy tl*eep~in those cases where from the nature of the work to be done or the kind of property to be purchased it is apparent that competitive bids thefefef-will not be received, and also in those cases where the Council shall by emergency ordinance otherwise provide, and except also in any contract for a local improvement made under M.SA. 429.041 or any other law having an inconsistent provision relating to contract for local governments. Nothing contained in this section shall prevent the purchase of real or yersonal property on the installment payment plan. Further regulations for the making. receipt and opening 0 bids and letting of contracts may be made by motion, resolution or ordinance. If at any time in the future there should be enacted any statute by the State of Minnesota providing for an amount larger than ~;OOG.oo$15.000 before the requirement of competitive bids, the City Council may pass and adopt ordinances in conformity with such statutes alld thereafter proceed thereunder. . Section 26. Section 7.02 is amended as follows: Section 7.02. FISCAL YE.t\R. The Fiscal year of the city shall be the calendar yeareBd-eaeft..year--aflo~mbef ;'lst. Section 27. Section 7.04 is amended as follows: The budget shall be submitted to the Council at--it&-fwst-i'-egular--meetiBg-br.:8ept-embefat a regular Council meeting. in a manner prescribed by state statute. not less than 30 days prior to final approval. It shall be a public . record open to public inspection by anyone and the City Manager shall cause sufficient copies thereof to be "', '\ prepared for distribution ,to the Mayor, members of the Council and interested persons. Section 28. Section 7.05 is amended as follows: Section 7.05. PASSAGE OF THE BUDGET. The Council shall hold a public hearing on the budget-at--its seeead-i'-egulaf"-meeting-iB-SepteiBOOf and it shall make such changes therein as it deems necessary and adopt the budget by Resolution-aet-later-than--th~fust-fegalaf.(;euaeil-meeting-iB-Getebef. Section 29. Section 7.07 is amended by deleting the words "and no other." Section 30. Section 7.08 is amended as follows: Section 7.08. LEVY AND COLLECTION OF TAXES. On or before the fust-last regular meeting in Getebef December each year the Council shall levy the taxes necessary to meet the requirements of the budget for the ensuing fiscal year. The City Manager shall transmit to the County Auditor annuallY;'flot--latef-taaa.Geteber-~h; a statement of all the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in like manner as State and County taxes. Section 31. Section 7.10 is amended by adding the words "or her or his designees". Section 32. Section 7.11, Subd. 3 is amended by deleting the words "after approval" and adding the words "according to policies adopted". -' ~. -- ~, k . 5 Section 33. Section 7.13 is amended as follows: 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-ame:tJBf.-ef-mene)"m.~-T~ the-stalus--6f-aD-fuads;-the-amewlf~p6Bt--0F--ehaFgeable-against-eaeh-ef..4&-ans:ual-badget-aDawanee&--an&.4e balanee&-left.m-each;-and-sueh-ethefcontainin~ information relative to the finances of the City as the Council may require. Befef&-Fe9r-Hftl'Y-mst-IMlehEach year; the City Manager shall submit a report to the Council. no later than June 30. covering the entire financial operations of the City for the past year. This report shall follow the style and form, as far as practicable, prescribed bf-the-Pablie-:Bxamia&f-ef.-Minseseta-for annual City fmancial reports andit-&BaJI..be-published.iB.-effIeial.(;ity~copies will be made available to interested parties. . Section 34. 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. Section 12.02 is amended by deleting the words "or City Manager". Section 36. 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 .