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VII.3. Resolution Receiving Proposed Charter Amendmen Transitioning to Even-Year Elections; DomeierDOCSOPEN\HP145\8\1025460.v1-5/1/25 CITY OF HOPKINS City Council Report 2025-073 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Amy Domeier, City Clerk Date: May 6, 2025 Subject: Resolution Receiving Proposed Charter Amendment, Adopting Title and Ballot Question Language Pertaining to Proposed Amendment to the City of Hopkins City Charter and Ordering Special Election (Transitioning to Even-Year Elections) _____________________________________________________________________ RECOMMENDED ACTION MOTION TO Adopt Resolution 2025-032, A Resolution Receiving Proposed Charter Amendment, Adopting Title and Ballot Question Language Pertaining to Proposed Amendment to the City of Hopkins City Charter and Ordering Special Election (Transitioning to Even-Year Elections). OVERVIEW This action includes three components related to the proposed amendment to transition from odd-year elections to even-year elections: (1) The City Council acknowledging receipt of the Charter Commission’s proposal to present the charter amendment to voters; (2) Calling a special election concurrent with the November 4 general election for voters to consider the amendment; and (3) adopting title and ballot question language pertaining to the amendment. There are numerous ways to amend a charter. Previously, the Council received a recommendation to adopt the same amendment by ordinance, however, the amendment did not receive a unanimous vote as required by the charter-amendment- by-ordinance process. The current proposal includes the same charter amendment, but uses the method where the amendment is presented to voters. Attached to this memo is a timeline of the events surrounding the proposed amendment. The proposed resolution also includes background on the history of this item. The text of the amendment is as follows: Section 4.01. Municipal Elections. Administration DOCSOPEN\HP145\8\1025460.v1-5/1/25 1. The regular election for the choice of the elected officials of the city shall be held on the 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 state law for cities of the same classification as this city, but failure to give such notice shall not invalidate such election. The regular city election is held on the first Tuesday after the first Monday in November of even numbered years. The election is held at the place or places designated by resolution of the city council. Notice of the election is given in the manner provided by law. Failure to give notice of the election does not invalidate the election. 2. The council may, by resolution, order a special election on any question which it desires to submit to a vote of the voters, fix the time for holding the same, and provide all means for holding such special election. The procedure at such election shall conform as nearly as possible to that herein provided for other municipal elections. SUPPORTING INFORMATION • Charter Amendment Timeline • Draft Resolution 2025-032 DOCSOPEN\HP145\8\1025460.v1-5/1/25 Charter Amendment Timeline May 29, 2024 Charter Commission • Reviewed proposed changes to the Hopkins City Charter which included Chapter 2, Section 2.03 related to Municipal Elections. July 31, 2024 Charter Commission • Voted 8-3 to move forward with proposed Ordinance. October 1, 2024 City Council • Held First Reading and Public Hearing of proposed Ordinance. • The City Council voted 4-1 to move to Second Reading. • Motion failed – required unanimous vote. November 20, 2024 Charter Commission • Voted 7-4 to move forward again with proposed Ordinance. January 21, 2025 City Council • Held First Reading and Public Hearing of proposed Ordinance. • The City Council voted 4-1 to move to Second Reading. • Motion failed – required unanimous vote. April 1, 2025 Charter Commission • Voted 10-0 to move forward with proposed Ordinance and Submitting the Amendment to Voters. May 6, 2025 City Council • Considers Resolution 2025-032, A Resolution Receiving Proposed Charter Amendment, Adopting Title and Ballot Question Language Pertaining to Proposed Amendment to the City Hopkins City Charter and Ordering Special Election (Transitioning to Even-Year Elections) November 4, 2025 Special Election (at the same time as the General Election) November 6, 2025 City Council • Canvass results of Special Election and General Election at Special Meeting starting at 5 p.m. 2026 If amendment is approved by voters, staff will start implementation. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2025-032 RESOLUTION RECEIVING PROPOSED CHARTER AMENDMENT, ADOPTING TITLE AND BALLOT QUESTION LANGUAGE PERTAINING TO PROPOSED AMENDMENT TO THE CITY OF HOPKINS CITY CHARTER AND ORDERING SPECIAL ELECTION WHEREAS, on July 31, 2024, the Hopkins Charter Commission (“Charter Commission”) submitted to the City Council a proposed amendment to the Hopkins City Charter (“Charter Amendment”) for consideration for adoption by the City Council by ordinance in accordance with Minnesota Statutes, section 410.12, subd. 7; and WHEREAS, the proposed Charter Amendment would amend Chapter 4 of the City Charter by adding language to transition the City’s general elections from odd-year elections to even-year elections; and WHEREAS, in accordance with Minnesota Statutes, section 410.12, subd. 7, notice of the public hearing and proposed Charter Amendment was published within one month of receiving the proposed Charter Amendment from the Charter Commission, and the public hearing was held at least two weeks but not more than one month after the notice was published; and WHEREAS, on October 1, 2024, the Charter Amendment did not receive an affirmative vote of all members of the City Council, and therefore, it was not approved; and WHEREAS, on November 20, 2024, the Hopkins Charter Commission (“Charter Commission”) submitted to the City Council a proposed amendment to the Hopkins City Charter (“Charter Amendment”) for consideration for adoption by the City Council by ordinance in accordance with Minnesota Statutes, section 410.12, subd. 7 and; and WHEREAS, the proposed Charter Amendment would amend Chapter 4 of the City Charter by adding language to transition the City’s general elections from odd-year elections to even-year elections; and WHEREAS, in accordance with Minnesota Statutes, section 410.12, subd. 7, notice of the public hearing and proposed Charter Amendment was published within one month of receiving the proposed Charter Amendment from the Charter Commission, and the public hearing was held at least two weeks but not more than one month after the notice was published; and 2 WHEREAS, on January 21, 2025, the Charter Amendment did not receive an affirmative vote of all members of the City Council, and therefore, it was not approved; and WHEREAS, on April 1, 2025, the Charter Commission transmitted the proposed Charter Amendment, in accordance with Minnesota Statutes, section 410.12, subd. 1, attached hereto as Exhibit A, to be submitted to the City’s voters in the City’s next general election on November 4, 2025, in accordance with Minnesota Statutes, section 410.12, subd. 4; and WHEREAS, the proposed Charter Amendment was accepted by a unanimous vote of the actual membership of the Charter Commission; and WHEREAS, in accordance with Minnesota Statues, section 410.12, subdivision 4, the City Council is required to fix the form of the ballot and submit charter amendments to the voters as in the case of the original charter; and WHEREAS, the City Council hereby finds and determines as follows: 1. The Charter Commission has duly submitted a proposed amendment to the City Charter in accordance with Minnesota Statutes, section 410.12, subdivisions 1 and 4; 2. The proposed Charter Amendment will be submitted to the voters of the City at the special election to be held (at the same time as the general election) on Tuesday, November 4, 2025, and the election will be held and conducted in accordance with the laws of the State of Minnesota relating to municipal elections and the City's Charter; 3. The proposed Charter Amendment is not unlawful and does not violate the Constitution of the United States of America, the Constitution of the State of Minnesota or any other federal or state laws, rules or regulations; and 4. The form of the ballot, and the language of the title and the question to be posed to the City’s voters in the ballot, is sufficient to identify the proposed Charter Amendment clearly and has been approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins, based on the recitals and the findings contained herein, as follows: 1. The City Clerk is authorized and directed to cause a notice of election or sample ballot, or both, in substantially the form attached hereto as Exhibit B to be posted and published as required by law and as follows: 3 (a) The notice of election, including the complete text of the proposed Charter Amendment, will be published in the official newspaper of the City once a week for two successive weeks prior to the election; (b) The notice of election and a sample ballot will be posted in the office of the City Clerk and made available for public inspection at least two weeks prior to the election, and a sample ballot will be posted at each polling place on election day; and (c) The sample ballot will be published in the official newspaper of the City at least two weeks prior to the election. 2. The City Clerk is authorized and directed to provide written notice of the election to the Hennepin County Auditor at least 90 days before the election, including the date of the election and title and language for the ballot question. 3. The polling places, hours of election and the respective judges for the election will be those established by the City for general elections. The polls will be open from 7:00 a.m. until 8:00 p.m. 4. The City Clerk is authorized and directed to prepare the ballot in substantially the following form, subject to the requirements of Minnesota Statutes, section 206.61: SPECIAL ELECTION BALLOT CITY SPECIAL ELECTION CITY OF HOPKINS November 4, 2025 INSTRUCTIONS TO VOTERS: To vote, completely fill in the oval next to your choice like this: City Questions To vote for a question, fill in the oval next to the word “Yes” on that question. To vote against a question, fill in the oval next to the word “No” on that question. City Question PROPOSED CHARTER AMENDMENT TRANSITIONING TO EVEN-YEAR ELECTIONS Should the Hopkins City Charter be amended to transition from odd-year city general elections to even-year city general elections? A “yes” vote is a vote to move to even-year elections. A “no” vote is a vote to keep odd-year elections.” Yes No 4 5. The City Clerk is authorized and directed to provide each polling place with at least two sample ballots which are facsimiles of the card to be voted on in that precinct, in accordance with Minnesota Statutes, section 206.62. 6. The City Clerk is authorized and directed to take any such further actions as may be necessary to submit the ballot question to the City’s voters at the November 5, 2025, election in accordance with applicable law and to carry out the intent of this Resolution. 7. The City Council shall meet in City Hall on November 6, 2025, at 5 p.m. to canvass the results of the election and to declare the results thereof. Adopted by the City Council of the City of Hopkins on this 6th day of May 2025. By:___________________________ Patrick Hanlon, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk A-1 EXHIBIT A Proposed Charter Amendment Chapter 4 of the City Charter of the City of Hopkins is hereby amended by adding the double-underlined material as follows: Section 4.01. Municipal Elections. 1. The regular election for the choice of the elected officials of the city shall be held on the 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 state law for cities of the same classification as this city, but failure to give such notice shall not invalidate such election. The regular city election is held on the first Tuesday after the first Monday in November of even numbered years. The election is held at the place or places designated by resolution of the city council. Notice of the election is given in the manner provided by law. Failure to give notice of the election does not invalidate the election. 2. The council may, by resolution, order a special election on any question which it desires to submit to a vote of the voters, fix the time for holding the same, and provide all means for holding such special election. The procedure at such election shall conform as nearly as possible to that herein provided for other municipal elections. . B-1 EXHIBIT B Notice of Special Election NOTICE OF SPECIAL ELECTION CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Hopkins, Hennepin County, Minnesota, on Tuesday, the 4th day of November 2025, at which the following proposition will be submitted to the voters of the City for their approval or rejection: PROPOSED CHARTER AMENDMENT TRANSITIONING TO EVEN-YEAR ELECTIONS Should the Hopkins City Charter be amended to transition from odd-year city general elections to even-year city general elections? A “yes” vote is a vote to move to even-year elections. A “no” vote is a vote to keep odd-year elections.” Yes No The polling places for said election are as follows: Precinct 1: Alice Smith Elementary School, 801 Minnetonka Mills Rd Precinct 2: Zion Lutheran Church, 241 5th Ave N Precinct 3: Hopkins Pavilion, 11000 Excelsior Blvd. Precinct 4: Hopkins Activity Center, 33 14th Ave N Precinct 5: Hopkins Fire Station, 101 17th Ave S The polls for said election will be open at 7:00 a.m. and will remain open until closing at 8:00 p.m. Any qualified registered voter of the City is entitled to vote at said election at the polling place for the precinct in which the voter resides, and any resident of the City not previously registered as a voter may register on election day. BY ORDER OF THE CITY COUNCIL Amy Domeier, City Clerk Dated: __________________, 2025.