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09-28-2017 Charter Commission Regular MeetingHOPKINS CHARTER COMMISSION AGENDA Thursday, September 28, 2017 6:30 pm RASPBERRY ROOM AT HOPKINS CITY HALL 1010 1ST ST. S., HOPKINS, MN 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF THE MINUTES FROM PREVIOUS MEETING 1. February 10, 2015 Charter Commission Regular Meeting Proceedings 4. ELECTION OF OFFICERS 1. Motion to Elect the Chair of the Hopkins Charter Commission 2. Motion to Elect the Vice-Chair of the Hopkins Charter Commission 5. REPORTS 6. OLD BUSINESS 7. NEW BUSINESS 1. Charter Commission Membership 2. 2017 Charter Amendment: Chapter 6 3. Set Next Meeting Date 8. ADJOURNMENT UNAPPROVED 1 Minutes of the Hopkins Charter Commission February 10, 2015 The Hopkins Charter Commission met on February 10, 2015 in the Conference Room at the Center for the Arts, Hopkins. Present were Commission members Dorothy Boen, David Day, Roger Gross, Fran Hesch, Karen Jensen, Roger Johnson, Steve Lewis, Emily Wallace-Jackson and staff member Amy Domeier. The meeting was called to order at 6:30 p.m. by the Commission Chair, Emily Wallace- Jackson. Approval of the Minutes of the Previous Meeting Commissioner Boen moved and Commissioner Hesch seconded a motion to approve the minutes of the May 13, 2014 meeting. The motion was approved unanimously. Election of Officers Commissioner Hesch moved and Commissioner Wallace-Jackson seconded a motion to elect Commissioner Jensen as Vice-Chair of the Hopkins Charter Commission. The motion was approved unanimously. Commissioner Gross moved and Commissioner Johnson seconded a motion to elect Commissioner Wallace-Jackson as Chair of the Hopkins Charter Commission. The motion was approved unanimously. Reports There were no reports. Old Business 2014 Charter Amendment: City Clerk Domeier provided a summary of the proposed amendment to raise the filing fee for City Council election from $5.00 to $25.00. Commissioner Day moved and Commissioner Jensen seconded a motion to approve Resolution 2015-01 a Resolution Recommending Amendment of the Hopkins Charter by Ordinance. The motion was approved unanimously. Commissioner Hesch moved and Commissioner Lewis seconded a motion to approve Ordinance 2015-1086 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 motion was approved unanimously. City Clerk Domeier explained the process for moving forward with the amendment. Brief discussion was held about the Council offices that would be on the 2015 ballot. UNAPPROVED 2 New Business There was no new business. Commissioner Lewis moved and Commissioner Day seconded a motion to adjourn. The meeting adjourned by unanimous consent at 6:44 p.m. CITY OF HOPKINS Memorandum To: Hopkins Charter Commission Members From: Amy Domeier, City Clerk Date: September 19, 2017 Subject: Charter Commission Membership _____________________________________________________________________ The Charter Commissioner consists of eleven members that are recommended by the Mayor and appointed by the Chief Judge of the District Court of Hennepin County. Terms are four-years long and members are allowed to serve up to two terms. Commission Purpose The Commission was created to promulgate changes to the Charter of the City of Hopkins, as revised, for the improvement in the management and operation of the City government. Commission Duties and Objectives The Commission shall meet at least once during each calendar year. The Commission shall also meet upon presentation of a petition signed by at least ten percent of the number of voters of the municipality, as shown by the returns of the last annual municipal election, or upon resolution approved by a majority of the governing body of the city requesting the commission to convene, the commission shall meet to consider the proposals set forth in such petition or resolution. The Commission shall act upon written requests for changes to said Charter as proposed by other persons who are either residents of the City of Hopkins or employees of the City of Hopkins. The Commission shall be responsible for submitting recommended changes to said Charter for action by the City Council. Commission Member Responsibilities Commissioners should become familiar and abide by the Charter Commission Bylaws; attend a majority of meetings; actively participate in Commission activities; share views and opinions on matters of Commission business; and participate on subcommittees (if any). City Clerk 507800v3 SJR HP145-8 CITY OF HOPKINS Memorandum To: Hopkins Charter Commission Members From: Amy Domeier, City Clerk Date: September 25, 2017 Subject: 2017 Charter Amendment: Chapter 6 The Charter Commission should review Chapter 6 – Administration of City Affairs, specifically Sections 6.04, 6.06, and 6.07. These sections of the Charter have the greatest impact on current City operations. Included in this memorandum is the current language of these sections accompanied by some brief discussion outlining the identified concerns of staff related to the existing language. Additionally, staff has prepared some examples of language that may be starting points for the Charter Commission’s review and discussion. The Charter Commission is not bound to accept any of these examples, and they are only offered to provide examples for alternative approaches. The goal is for the Charter Commission to review the current language, consider staff’s identified concerns in light of those provisions, and consider potential amendments to those sections of the City Charter as discussed herein. Section 6.04 – Subordinate Employees Current language: There shall be a City Clerk subordinate to the City Manager. The City Clerk shall be subject to the direction of the City Manager, and shall have such duties as provided by law. Discussion: Staff proposes updating this section to include all employees in the City rather than just the City Clerk. One potential option would be to model this section after state law, which dictates that the City Manager shall be the administrative head of the City with authority to fill all subordinate positions. Some additional examples include the following: Proposed language: There shall be officers subordinate to the City Manager as the council may establish by ordinance or resolution. The council may, by ordinance or resolution, abolish offices which have been created and it may combine the duties of various offices as it may see fit. [OR] There may be such other officers subordinate to the City Manager as the City Council may establish by ordinance or resolution. Such other officers shall be subject to the direction of the City Manager and shall have such duties in connection with the City Clerk 507800v3 SJR HP145-8 keeping of the public records, the custody and disbursement of the public funds, and the general administration of the City’s affairs as the City Council may prescribe. The City Manager or such other officers may be designated to act as secretary of the City Council and also as treasurer. The City Council may by ordinance or resolution abolish offices which have been created by ordinance or resolution and it may combine the duties of various offices as it may see fit. Section 6.06 – Purchases and Contracts Current language: The City Manager shall be the chief purchasing agent of the City. Contracts or purchases for the City for merchandise, materials, or equipment, if budgeted or for any kind of construction work, repair or maintenance of real or personal property or personal services may be made or let by the City Manager when the amount of such contract or purchase does not exceed $10,000. All other purchases shall be made and all other contracts shall be approved by the council. Each contract made by the City Manager shall be made or let in conformance with applicable state law and city ordinances. All contracts, in excess of $10,000 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. Discussion: Staff proposes updating this Section to include reference to the City Council’s ability to set an amount by resolution for contracts made or let by the City Manager. The Charter Commission should consider what level of discretion is appropriate for the City Manager, including in light of the impact that limited discretion could have on certain contracts or projects (e.g., delays to seek City Council approval resulting in increased costs, administrative burdens of seeking approval for all expenditures, etc.). Some examples include the following: Proposed Language: The City Manager shall be the chief purchasing agent of the City as provided herein. All City purchases and contracts shall be made or let by the City Manager when the amount involved does not exceed an amount established at least annually by the City Council by resolution. All other purchases and contracts shall be reviewed and approved by the City Council. Contracts shall be made in compliance with Minnesota law, including all applicable competitive bidding requirements. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the mayor and the City Manager on behalf of the City and shall be executed in the name of the City. The City Council may by ordinance adopt further regulations regarding the process for the making of bids and the letting of contracts, including the further delegation of authority to the City Manager as the City Council deems appropriate. [OR] The City Manager is the chief purchasing agent of the City. Purchases and contracts may be made by the City Manager when the amount of the purchase or contract does not exceed $20,000 unless a lower limit is provided by the council by resolution. Other purchases and contracts must be reviewed and approved by the City Council. Except for contracts which the City Manager is authorized to make by this section, contracts, bonds, and instruments to which the City is a party must be signed by the mayor and the City Manager on behalf 507800v3 SJR HP145-8 of the City. The City Council may further delegate additional authority to the City Manager, by resolution, as it deems appropriate. Section 6.07 – Contracts/Bids Current language: 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 $25,000 the City Manager shall advertise for bids in such manner as may be designated by the Council. Contracts over $25,000 shall be let to the lowest responsible bidder. The Council may reject any and all bids. Competitive bids shall not be necessary 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 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.S.A. 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 $25,000 before the requirement of competitive bids, the City Council may pass and adopt ordinances in conformity with such statutes and thereafter proceed thereunder. Discussion: Staff proposes updating the Section to omit the incorrect dollar amount references which have been updated in Minnesota law. Similar to Section 6.04, one option would be to rely upon Minnesota Statutes regarding the appropriate application of the public bidding laws, as those laws likely apply regardless of the language in the Charter. Removing duplicative and/or contradictory language would like simplify application of the Charter, while also helping to avoid future disagreements and/or challenges. An example is as follows: Proposed Language: City contracts must be made in compliance with applicable Minnesota law. The City Council may by ordinance adopt additional regulations for making city contracts.