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12-14-2017 Charter Commission Regular MeetingHOPKINS CHARTER COMMISSION AGENDA Thursday, December 14, 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. September 28, 2017 Charter Commission Regular Meeting Proceedings 4. REPORTS 5. OLD BUSINESS 1. 2017 Charter Amendment: Chapter 6 6. NEW BUSINESS 1. Set Next Meeting Date 7. ADJOURNMENT 1 Minutes of the Hopkins Charter Commission September 28, 2017 CALL TO ORDER/ROLL CALL The Hopkins Charter Commission met on September 28, 2017 in the Raspberry Room at City Hall, 1010 1st St. S., Hopkins. Present were Commission Members Datta, Dunn, Fischer, Folk, Genellie, Johnson, Kerssen, Meland, Ringuette and Waters. Commission Member Shirley was absent. Also present were City Attorney Riggs, and City Clerk Domeier. The meeting was called to order at 6:30 p.m. by the City Clerk Domeier. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING Motion by Kerssen. Second by Waters. Motion to Approve the February 20, 2015 Charter Commission Regular Meeting Proceedings Ayes: 10 Nays: 0. Absent: Shirley. Motion carried. ELECTION OF OFFICERS Motion by Johnson. Second by Folk. Motion to Elect Commissioner Genellie as Chair of the Hopkins Charter Commission. Ayes: 10 Nays: 0. Absent: Shirley. Motion carried. Motion by Fischer. Second by Ringuette. Motion to Elect Commissioner Kerssen as Vice-Chair of the Hopkins Charter Commission. Ayes: 10 Nays: 0. Absent: Shirley. Motion carried. NEW BUSINESS 7.1. Charter Commission Membership City Clerk Domeier provided a summary of the Charter Commission Membership including its purpose, duties and objectives and member responsibilities. City Attorney Riggs explained differences between charter and statutory cities. Per the recommendation of City Attorney Riggs, City Clerk Domeier will provide members with the LMC Handbook Chapter 4 and Minnesota Statute 410. 2 7.2. 2017 Charter Amendment: Chapter 6 City Attorney Riggs provided a summary of the proposed changes to Chapter 6. Discussion was held regarding the proposed changes to Sections 6.04, 6.06, and 6.07. Based upon that discussion, changes were proposed to the language in the Charter. Motion by Ringuette. Second by Kerssen. Motion to amend Section 6.04 Subordinate Employees as follows: There shall be employees subordinate to the City Manager as the council may establish by ordinance or resolution. The council may, by ordinance or resolution, abolish positions which have been created and it may combine duties of various positions as it may see fit. Ayes: 10 Nays: 0. Absent: Shirley. Motion carried. Motion by Kerssen. Second by Fischer. Motion to amend Section 6.06 Purchases and Contracts as follows: 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 and remove Section 6.07 Contracts/Bids. Discussion was held regarding the formatting of the paragraph. Commissioner Ringuette suggested amendments to the proposed language including grammatical and adding that resolutions may be used in making regulations regarding bids and contracts. Motion by Ringuette. Second by Kerssen. Motion to amend Section 6.06 Purchases and Contracts as follows: 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 3 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 or resolution, 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 and remove Section 6.07 Contracts/Bids. Ayes: 10 Nays: 0. Absent: Shirley. Motion carried. 7.3. Set Next Meeting Date The next Charter Commission meeting was set for Thursday, December 14 at 6:30 p.m. The meeting will be held in the Raspberry Room at City Hall, 1010 1st St. S., Hopkins. ADJOURNMENT There being no further business to come before the Charter Commission and upon a Motion by Kerssen, Second by Johnson, the meeting was unanimously adjourned at 7:25 p.m. Respectfully Submitted, Amy Domeier, City Clerk 507800v3 SJR HP145-8 CITY OF HOPKINS Memorandum To: Hopkins Charter Commission Members From: Amy Domeier, City Clerk Date: December 5, 2017 Subject: 2017 Charter Amendment: Chapter 6 On September 28, 2017 the Hopkins Charter Commission considered amendments to Chapter 6 – Administration of City Affairs, specifically Sections 6.04, 6.06 and 6.06. Staff recommends that the Charter Commission adopt Resolution 2018-01 recommending that the Hopkins City Council adopt Ordinance 2018-1128. Recommended action: Motion to Adopt Resolution 2017-01 a Resolution Recommending Amendment of the Hopkins City Charter by Ordinance. Attachments: • Charter Commission Resolution 2017-01 • Ordinance No. 2018-1128 • Amendment process diagram • Memo from September 25, 2017 regarding Charter Amendment City Clerk CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA CHARTER COMMISSION RESOLUTION NO. 2017-01 RESOLUTION RECOMMENDING AMENDMENT OF THE HOPKINS CHARTER BY ORDINANCE WHEREAS, the Hopkins Charter Commission has the authority under Minnesota Statutes, 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 it is recommended that the Hopkins City Charter be amended by Ordinance 2018-1128, to be enacted by the City Council of the City of Hopkins pursuant to Minnesota Statutes, Section 410.12, subdivision 7. Passed and adopted at a regularly scheduled meeting of the Hopkins Charter Commission on December 14, 2017. By__________________________ Jim Genellie, Chair Hopkins Charter Commission ATTEST: ________________________ Amy Domeier, City Clerk Hopkins Charter Commission CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2018-1128 RESOLUTION RECOMMENDING AMENDMENT OF THE HOPKINS CHARTER BY ORDINANCE Upon recommendation of and from the Hopkins City Charter Commission, the City Council of the City of Hopkins, does hereby ordain as follows: Section 1. Section 6.04, Subordinate Employees, of the Hopkins City Charter is amended as follows: Section 6.04. SUBORDINATE EMPLOYEES. 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. There shall be employees subordinate to the City Manager as the council may establish by ordinance or resolution. The council may, by ordinance or resolution, abolish positions which have been created and it may combine the duties of various positions as it may see fit. Section 2. Section 6.06, Purchases and Contracts, of the Hopkins City Charter is amended as follows: Section 6.06. PURCHASES AND CONTRACTS. 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. 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 or resolution, 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. Section 3. Section 6.07, Contracts/Bids, of the Hopkins City Charter is deleted in its entirety. Section 4. The effective date of this ordinance shall be effective 90 days after publication. First Reading: February 5, 2018 Second Reading: February 20, 2018 Date of Publication: March 1, 2018 Date Ordinance Takes Effect: May 30, 2018 By_____________________ Molly Cummings, Mayor ATTEST: _______________________ Amy Domeier, City Clerk CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018-001 RESOLUTION ACCEPTING CHARTER AMENDMENT, ORDERING PUBLICATION AND SETTING PUBLIC HEARING WHEREAS, the Hopkins Charter Commission has presented to the Hopkins City Council a proposed Charter amendment in the form of Ordinance 2018-1128; and WHEREAS, the Hopkins Charter Commission has recommended that Ordinance 2018- 1128 be approved by the Hopkins City Council in accordance with Minnesota Statutes, Section 410.12, subdivision 7. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Hopkins hereby accepts Ordinance 2018-1128, order it published in the official newspaper, and sets a public hearing for February 5, 2018 at 7 p.m. for first reading of said ordinance. Adopted by the City Council of the City of Hopkins this 2nd day of January, 2018. By__________________________ Molly Cummings, Mayor ATTEST: ________________________ Amy Domeier, 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.