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1992-714 ',-, 1 o 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, upon recommendation of and from the Hopkins City Charter Commission does hereby ordain 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 In addition the term "elector" has been replaced by the term "voter" throughout the Charter.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. o 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 GoaneilmeB-Councilmembers shall serve for terms of four years each;~~-~Ba~-at-th&-I"-egulai"--Gity--ele~t-iea-.fteld-Hrth&~ar--l~,-the--iwe GoaneilmeB-whe-reeeive-the-IHgBest-ilumber-ef~-es-shall-h&-eleeted-fef-terms-ef-fear-j1em=s-eaeh--aad-the-ethei: twa--GeUfleilmea-wh&-m:e-eleeted-shall-sefV&fef-terms4twa-.yem=s-eaeh.. The terms of all eleetive-etIieerfrelected officials shall commence on July 1st and all shall serve until their successors are elected and qualify. Section S. Chapter 2, Section 2.03, Subd. 3 is amended as follows: Subdivision 3. +he-Geuneil-shall-be-jadge-eftlwr-eleetiaB-ef-all--eleetive-effieefS: 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: o Section 2.05. VACANCIES. Subdivision 1. A-vaeaBey-iB-aBy.6Ieetiv6-effie&-shall-be-deemed-t~-exist-iB:--ease-ef the-failaFe-ef-any-per5Gn-eI~~Q..a6f@t&.fe-.qaalify-eB-ef-oofer-e-the-date--ef-the-seeaBd-fegalar--Bl6etiBg4the Goaneil-aftef-.a&-eI~a--ef-sueh-efBe-ef;-er-~-feasen-ef..a&.Qaath;--fesignatiaB;-remeval-.fi'-em--eff1e6;-i'-emeval frem-the-G~;-6r-roBYietien-ef-a-feleay-ef-aBy.-slleh-f)&fs9B-whether-oofer:e-E)f--afier-.ms~alifleatiaB;-eF-by-reasoR ef.the-failufe--6f-any-eleeted-ef.fieial-withem--geed-eaas&4<+-perfE)f-Bl-aBy.-ef-the-ElutieS-()~-Itis-eftiee-fef--a-peried-ef tlH=e&meaths: A vacancv 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 m..the-eil:se--ef-a-vaeaaeym4he-eff1ee-ef-$.&Ma-yef E)f-~~ shall forthwith appoint an eligible person to fill the same. o o o 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 chosen.by the full City Council at the frrst Council meeting in July after a municipal election. The president pro tempore wile-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 Mavor. Section 8. Chapter 2, Section 2.08 is amended as follows: Section 2.08. INVESTIGATION OF CITY AFFAIRS. The Mayor, the Council, and1m' the City Manager;--ef either-ef-fltem,.muUor any effioor-individual formally authorized by them;-er--eithef--ef-tB6m, shall have power to make investigations into the City' s affairs-t~5Hbpeena-witaesse&;admiBister--6aths;-aBd-oompel-lhe-f)feducae&-af beoks-aBd~. 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 less than once each month. The Mayor or any two members of the Council may ca11-spe€ial-meeangs-ut>6&-at-least-tw6Iw-beuFs-netie&te-eaeh~-ef-the-Goaneil.--SlK.ft-netiee shall-h&deliv6fed1leffiellally-te--eai:.ft-memoo-et:-shallbe-Iett-with-soJB6-fespeDsi91&-PefSeD-at-tB6-mtmloor!s-asaaI plae&ef-fesidenee: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 hnn 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. 4 is amended as follows: Subdivision 4. Every resolution shall be presented in writing-aad-read-iB-.f.ull.-gefar-e-a--vet-e-is-takes-tbereen; UBless-the-r-eadH1g-ef-a-feselatioa-is-aispensea-witk-ey-unanimeus-eoaseBt. 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". ( o o o 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. Me- The Manager shall*-th&8upefYiser-efiB&PeIroe-DepaftmeBt;-an6 shall see that this Charter .mW the Ordinances and Resolutions of the CitY. are enforced and shall report any non-compliance to the City Council or other ~l'propriate agencies;-and-the-laws4the-G~;Stat&-aad-Natie&-m:e-mfer-eed. 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 tl1e Gity~ledi;tbe-Gity-AssesSOf-an6-all eHit)fo~-effIeef&-and-employees. All appointments ta-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 ~..4. Re- The Manager shall exercise control over all departments and divisions of the City administration-er-eated-~-t.ms-GhaFter-of-wlHeh-lBay-h&.fiefeaft6f~rooted~tbe-Goaneil. Section 21. Chapter 6, Section 6.03 is amended as follows: Section 6.03. DEPARTMENTS OF ADMINISTRATION. YpaB-the-feeenHBeBdatieB-ef-the City Manager;-Hie oollBeH may create such departments:and divisions aDa..ew:ea:as-for the administration of the City's affairs;-ana maY-eBaet-sueh--aamiBisti"atPie-i!ede-fof-the-Gity;-as 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 QFFIGeRSEMPLOYEES. There shall be a City Clerk-ane.-SUeB-ether--6ff1eef-s subordinate to the City Manager..,as-the-eellBeil-may-ere-ate-by.enliaanee. The City Clerk shall be subject to the direction of the City Manager, and shall have such duties itH!eDBeetien-with4B6-kooping-of~e-pahlie-feCMd;the e-ustedy-imd-diseufs6Bltmts-ef-the-pablW--fands-,--aBd-the-genera-l--administ-l"iltien-ef.ae--Gity'-s--affair-s--as--shall-be afd.a.iBed-~-the-eellBeil-er-as provided by law.--He--m~b&desigaated~-a(:-t-ftS-Seef~ef.ae--Ge\lBt:il-ane.aIse a&-T-feasar-er;,--+he-GellBeil-may-bY--6rdiBaBee-abeHsh-9fHees-whieh-.fitwe-.eeen~rooted-by-OftIinanee;--aBd-may oombiB-e-the-datit)&-6f.:yar-ioa&-effleeS-as-it-may-soo-~ 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.~.Q. PURCHASES AND CONTRACTS. 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 ~;OOG$5.000. All contracts aad..eeBds, 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 o Section 25. Chapter 6, Section 6.06 is renumbered to Section 6.07 and is amended as follows: Section 6.081. CONTRACTS/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 necessary eeept-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 ~herefer-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 personal property on the installment payment plan. Further regulations for the making, receipt and opening of 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 and thereafter proceed thereunder. Section 26. Chapter 7, Section 7.02 is amended as follows: Section 7.02. FISCAL YEAR. The Fiscal year of the city shall be the calendar yeareBd-eacB-year--en~mbef ~lst. Section 27. Chapter 7, Section 7.04 is amended as follows: o The budget shall be submitted to the Council at..-~-fifst-{'-egular--meetiBg-iB:--S6pt-embefata 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. Chapter 7, Section 7.05 is amended as follows: Section 7.05. PASSAGE OF THE BUDGET. The Council shall hold a public hearing on the budget-tK--~ seeeBd-r-egular-meeting-iB-8eptemeef and it shall make such changes therein as it deems necessary and adopt the budget by Resolution-B6~-later-than-t-h&first-regalaF.{;euBC-il-meeting-iB-Gc~f. Section 29. Chapter 7, Section 7.07 is amended by deleting the words "and no other." Section 30. Chapter 7, Section 7.08 is amended as follows: Section 7.08. LEVY AND COLLECTION OF TAXES. On or before the fu:st-last regular meeting in Oc~f December each year the Council shall levy the taxes necessary to meet the requirements of the budget for the ensuing flScal year. The City Manager shall transmit to the County Auditor annuallY;-Bof-l~f-tfta&.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. 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 "according to policies adopted". o o o 0- 5 Section 33. Chapter 7, 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-~-ef-meney.m.a-e.Qt.y-TTea&lIfY; the-statiiS--6f-aU-fuads;-tl1e-ameam.-sf)6at--er--c-hafgaable-agamst-eaeh4.ae--anaual-badget-aUewanees--anEl-~e balanee&~m-eacB;-anQ.&ueh-ethefcontaining information relative to the fmances of the City as the Council may require. Befere-~ilafY-f1fst-eaehEach year; the City Manager shall submit a report to the Council. no later than June 30. covering the entire fmancial operations of the City for the past year. This report shall follow the style and form, as far as practicable, prescribed by-the-Fablie-Bxamiaef-ef-MinBeset-a-for annual City financial reports and i~-&ItaIl-be-fXiblisbed-iB.-eff1eial..{;~~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: Date of Publication: September 15, 1992 September 23, 1992 Date Ordinance Takes Effect: December 23, 1992 Attest: