CR2012-038 Revision of City Charter, Ordinace 2012-0384cMay 1, 2012 a Council Report 2012-038
REVISION OF CITY CHARTER
ORDINANCE 2012-1045
Proposed Action
Staff recommends that the Council approve the following motion: Approve Resolution 2012-024, accepting
Ordinance 2012-1045, ordering its publication and setting apublic hearing for June 5, 2012.
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 2009. The Hopkins Charter
Commission met in May of 2011 and April of this year and voted to make a change to the City Charter.
Ordinance 2012-1045 was drafted by city staff and distributed to the Charter Commission. The Commission
met on April 24, 2012 and voted to recommend the adoption of Ordinance 2012-1045 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 2012-01
• Resolution 2012-024
• Ordinance 2012-1045
am A. Genellie
sistant City Manager
Council Report 2012-038
Page 2
Analysis of the Issues
• What changes are being recommended in the Charter?
Section 3.03 requires that an ordinance be passed to amend an existing ordinance. Hopkins, like most
cities, combines its ordinances into a City Code. The proposed amendment would add language
referencing the City Code to Section 3.03. In addition, Section 3.03 currently requires that the ordinance or
section being amended shall be referred to by "title, date of passage, and section number or numbers."
Since the City Code is a compilation of all the ordinances, a given section may have been amended a
number of times by a variety of ordinances. It is difficult to pick out a single "date of passage." Simply
using the title and section numbers will make it clear as to what part of the code is being amended or
repealed.
Section 4.02 spells out how someone becomes a candidate for city office. It also establishes the filing
period by stating how many days prior to the election an affidavit will be accepted. The state of Minnesota
changed the filing dates in 2010 to accommodate the federal requirements to mail absentee ballots 45 days
prior to the election.
Rather than amend the Charter to adopt the new timelines, the proposed amendment deletes this language.
Section 4.03 of the Charter applies general election laws to Hopkins unless there is different language in
the Charter. By deleting the filing period in the Charter, the City's filing period will automatically match
that required by the State of Minnesota.
Section 4 of the Commission's By-laws states: "The Commission shall take no formal action upon any
proposed changes to said Charter at the meeting at which said proposed changes were first submitted."
The proposed changes were first submitted at the May 2, 2011 Charter Commission meeting. The
Commission then scheduled a second meeting for May 16, 2011 to adopt a resolution recommending that
the City Council adopt the Charter amendments. Unfortunately there was not a quorum at the May 16
meeting so no action was taken. The Commission then approved a new resolution at its April 24, 2012
meeting.
• 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 2012-038
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
1. Approve Resolution 2012-024, accepting Ordinance 2012-1045, ordering its publication and setting a
public hearing for June 5, 2012.
2. Do not approve Resolution 2012-024 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. 2012-01
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 2012-1045 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 April 24, 2012.
Chair
ATTEST:
James A. Genellie, Secretary
Hopkins Charter Commission
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2012-024
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 2012-1045, and
WHEREAS, the Hopkins Charter Commission has recommended that Ordinance 2012-
1045 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 2012-1045, orders it published in the official
newspaper, and sets a public hearing for June 5, 2012 at 7:30 p.m. for first
reading of said ordinance.
Adopted by the City Council of the City of Hopkins this First day of May 2012.
so
ATTEST:
Kristine Luedke, City Clerk
Gene Maxwell, Mayor
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2012-1045
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 3.03, Subdivision 6 is amended as follows:
No section of the City Code or city ordinance er semien—thereeT
shall be amended or repealed except by ordinance, and every
amendment or repeal shall refer to the section or ordinance so
amended or repealed by title, date—ef passage and section number or
numbers. All previous amendments must be consolidated in a
rewording of the section amended each time that the section is
changed.
Section 2. Section 4.02, Subdivision 1 is amended as follows:
A candidate for a city office shall file an affidavit
e,eetien with the City Clerk, or application on behalf of any
qualified voter of the City whom they desire to be a candidate may
be made as per Chapter 205, MUNICIPAL ELECTIONS, of the Minnesota
State Statutes. In either case, the filing fee shall be $5.00.
Such affidavit or application shall state that the candidate is a
qualified voter of the City of Hopkins, and name the office for
which she or he is a candidate.
Section 3. The effective date of this ordinance shall be ninety
days after publication.
First reading: June 5, 2012
Second reading: June 19, 2012
Date of Publication: June 28, 2012
Date Ordinance Takes Effect: September 27, 2012
Gene Maxwell, Mayor
ATTEST:
Kris Luedke, City Cler
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date