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CR 2000-106 Revision of City Charter Ordinance 2000-840•u1Y 5, 2000 Proposed Action Staff recommends that the Council approve the following motion: Approve Ordinance 2000 -840 for first reading. This action will continue the process of amending the City Charter. Overview The Hopkins City Charter was adopted in 1947. It was last updated in 1999. The Hopkins Charter Commission met in April and May of this year and voted to make a number of changes in the City Charter. Ordinance 2000 -840 was drafted by city staff and distributed to the Charter Commission. The Commission met on May 16, 2000 and voted to recommend the adoption of Ordinance 2000 -840 by the Hopkins City •ouncil. Ordinance 2000 -840 would allow the City Council to adopt ordinances: • establishing administrative penalties for violations of City ordinances; • creating an administrative hearing process; and • allow the administrative penalties and fees to be assessed if not paid. Primary Issues to Consider • Why are these changes being recommended in the Charter? • What is the process for amending the City Charter? Supporting Information • Analysis of the issues. • Alternatives • Ordinance 2000 -840 s A. Genellie sistant City Manager REVISION OF CITY CHARTER ORDINANCE 2000 -840 Council Report 2000 -106 ouncil Report 2000 -106 a ge 2 • 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. 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. • Analysis of the Issues • Why are these changes being recommended in the Charter? In the last two years the Inspection department has dealt with over 600 nuisances. Over 60% are unlicensed or junk vehicles. While over 90% of the nuisances are cleaned up after the owners are notified, there are a few that take a long time to address. Failure of a property owner to remove junk cars or clean up debris means that the complaint will eventually end up in District Court. This process is slow and expensive. A number of cities have adopted an administrative citation process as an alternative means of enforcing city ordinances. Administrative citations are issued instead of District Court citations. The alleged violators may either pay the fine established by the City Council or may request a hearing. Hearings are held before neutral hearing officers. In limited situations, a dissatisfied offender may appeal a hearing officer's decision to the City Council. Cities that are currently using some form of administrative penalties include: Minnetonka, Mounds View, Roseville, White Bear Lake, Spring Lake Park, and Bloomington. grouncil Report 2000 -106 Page 3 • • Alternatives 1. Approve Ordinance 2000 -840 for first reading. 2. Do not approve Ordinance 2000 -840 for first reading and send the proposed ordinance back to the Charter Commission for further action. Staff recommends Alternative #1. • • • CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2000 -840 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. Chapter 12 ( "Miscellaneous and Transitory Provisions - Ordinances") would be amended as follows: Section 12.14, Subd. 2, would be renumbered to Section 12.14, Subd. 4. Two new subdivisions would be created using the following language: Subd. 2. Fines and Penalties. The Council may establish by ordinance that a violation of a city ordinance is either a misdemeanor or a petty misdemeanor, punishable in accordance with state law. In addition, the Council may establish by ordinance a procedure for imposing a civil penalty not to exceed $2000 for each violation of a city ordinance. This procedure must provide an opportunity for the accused to be heard by a neutral party, which may be the City Council. Subd. 3. Assessment of Fees and Civil Penalties. The Council may provide by ordinance that fees and civil penalties imposed by the city, including late payment penalties, may be assessed against property which was the subject matter, or related to the subject matter, of the fees and penalties, or property which was the location of an activity, proposed use, delivery of city service, or other circumstances which resulted in the fees and penalties. The ordinance shall provide that the city must first attempt to obtain voluntary payment of the fees and penalties. The ordinance shall further require the city to give notice and an opportunity to be heard to the property owner listed on the official tax records before the assessments are imposed. The assessments shall be collected like special assessments. • • • Section 2. The effective date of this ordinance shall be ninety days after publication. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: October 25, 2000 ATTEST: Terry Obermaier, City Clerk July 5, 2000 July 18, 2000 July 26, 2000 By APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date Gene Maxwell, Mayor