CR 09-052 Revision of City Charter - Ordinance 2009-1006July 7, 2009 Council Report 2009 -052
REVISION OF CITY CHARTER
ORDINANCE 2009 -1006
Proposed Action
Staff recommends that the Council approve the following motion: Approve Resolution 2009 -035, accepting
Ordinance 2009-1006, ordering publication and setting a public hearing for August 3, 2 009.
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 2004. The Hopkins Charter
Commission met in April and June of this year and voted to make a change to the City Charter.
Ordinance 2009 -1006 was drafted by city staff and distributed to the Charter Commission. The Commission
met on June 30, 2009 and voted to recommend the adoption of Ordinance 2009 -1006 by 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 changes are being recommended in the Charter?
• What is the process for amending the City Charter?
Supporting Information
• Analysis of the issues.
• Alternatives
• Charter Commission Resolution 2009 -1
• Resolution 2009 -035
• Ordinance 2009 -1006
J s A. Genellie
ssistant City Manager
Council Report 2009 -052
Page 2
Analysis of the Issues
• What changes are being recommended in the Charter?
Ordinance 2009 -1006 would set the size of the Charter Commission at eleven members.
The Minnesota Legislature amended the law regarding the number of members a Charter
Commission may have. Commissions may now have between 7 and 15 members.
In December, the City received a notice from the Chief Judge's office indicating that 15 members needed
to be appointed to the Hopkins' Commission. City Charters may be amended to set the number of
Commissioners. Historically, the City of Hopkins' Charter Commission has had eleven members. The
Commission's By -laws state that there shall be eleven members. Staff is proposing that the Charter be
amended to fix the size of the charter commission at eleven members.
Minnesota Statutes Section 410.05 CHARTER COMMISSION.
Subdivision 1.Appointment.
The commission shall be composed of not less than seven nor more than 15 members, each of
whom shall be a qualified voter of the city. The size of the commission shall be determined
within the above limits by the court, except that where the commission is appointed pursuant to
a petition of the voters or resolution of the governing body of the city, the size of the
commission shall be as specified in such petition or resolution. Any city may by charter
provision fix the size of the charter commission at a figure which shall not be less than
seven nor more than 15 members, and such charter provision shall prevail over any
inconsistent provisions of this subdivision.
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. The City Council must adopt or reject the proposed ordinance in total. It cannot amend the
ordinance. 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.
Council Report 2009 -052
Page 3
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
petition, or it may reconsider its action in adopting the ordinance.
Alternatives
Approve Resolution 2009 -035, accepting Ordinance 2009 -1006, ordering its publication and setting a
public hearing for August 3, 2009.
2. Do not approve Resolution 2009 -035 and send the proposed ordinance back to the Charter Commission for
further action.
Staff recommends Alternative # 1.
CITY OF HOPKINS
Hennepin County, Minnesota
CHARTER COMMISSION RESOLUTION NO. 2009 -01
RESOLUTION RECOMMENDING AMENDMENT OF THE
HOPKINS CHARTER BY ORDINANCE
Whereas, the Hopkins Charter Commission has the authority under Minnesota Statute,
Section 410.12, subdivision 7 to recommend amendments to the City Charter;
and
Whereas, the Commission has determined that the Hopkins City Charter should be
amended;
Now Therefore be it resolved by the Hopkins Charter Commission that the Hopkins
Municipal Charter be amended by Ordinance 2009 -1006 enacted by the City Council of
the City of Hopkins pursuant to Minnesota Statute 410.12.
Passed and adopted at a regularly scheduled meeting of the Hopkins Charter
Commission on June 30, 2009.
By
Emir o ,Chair
ATTEST:
ices A. Genellie, Secretary
pkins Charter Commission
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2009 -035
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 2009 -1006, and
WHEREAS, the Hopkins Charter Commission has recommended that Ordinance 2009-
1006 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 2009 -1006, orders it published in the official
newspaper, and sets a public hearing for August 3, 2009 at 7:30 p.m. for first
reading of said ordinance.
Adopted by the City Council of the City of Hopkins this Seventh day of July 2009.
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2009 -1006
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. Section 1.05, is added as follows:
Section 1.05. COMMISSION STRUCTURE. The Charter Commission shall
have eleven members appointed pursuant to state law. Each member
shall be a citizen of the State of Minnesota and a resident of the
City of Hopkins.
Section 2. The effective date of this ordinance shall be ninety
days after publication.
First reading: August 3, 2009
Second reading: August 18, 2009
Date of Publication: August 27, 2009
Date Ordinance Takes Effect: November 26, 2009
so
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date