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05-29-2024 Charter Commission Regular MeetingHOPKINS CHARTER COMMISSION AGENDA Wednesday, May 29, 2024 5:00 pm RASPBERRY ROOM AT HOPKINS CITY HALL 1010 1ST ST. S., HOPKINS, MN 1. CALL TO ORDER 2. ELECTION OF OFFICERS a. Motion to Elect the Chair and Vice Chair of the Hopkins Charter Commission 3. APPROVAL OF THE MINUTES FROM PREVIOUS MEETING a. February 8, 2018, Charter Commission Regular Meeting Proceedings 4. NEW BUSINESS 1. 2024 Charter Amendment: Chapters 2 and 4 2. 2024 Charter Amendment: Chapters 6 and 7 5. ADJOURNMENT 1 Minutes of the Hopkins Charter Commission February 8, 2018 CALL TO ORDER/ROLL CALL The Hopkins Charter Commission met on February 8, 2018 in the Raspberry Room at City Hall, 1010 1st St. S., Hopkins. Present were Commission Members Dunn, Fischer, Folk, Genellie, Johnson, Meland, and Shirley. Members absent were Datta, Johnson, Kerssen, and Ringuette. Also present was City Clerk Domeier and City Attorney Riggs. The meeting was called to order at 6:30 p.m. by Chair Genellie. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING Motion by Meland. Second by Fisher. Motion to Approve the December 14, 2017 Charter Commission Regular Meeting Proceedings. Ayes: 7 Nays: 0. Absent: Datta, Johnson, Kerssen, Ringuette. Motion carried. REPORTS City Clerk Domeier provided an update on the first reading of Ordinance 2018- 1128 amending Chapter 6 of the Charter. The second reading is scheduled for February 20. If approved, the Ordinance will be published and the changes to the Charter will go into effect on May 30. NEW BUSINESS 6.1. 2018 Charter Amendment: Chapter 2 City Clerk Domeier stated that a number of changes were proposed for Chapter 2. A majority of the changes were to bring the sections in compliance with state law. Section 2.04 Incompatible Offices City Attorney Riggs summarized the proposed changes noting the language mirrors the exact language of the LMC model ordinance. Conflict of interest language was added to the section. Chair Genellie suggested removing section 12.03 Subd. 3 from the code with the proposed language addition to Chapter 2. Discussion was held regarding the proposed language. Motion by Folk. Second by Shirley. Motion to approve language changes to Section 2.04 as follows: Section 2.04 – Incompatible Offices/Conflicts. Neither the mayor nor any member of the council shall be appointed city manager, nor shall any 2 member hold any additional paid municipal office or employment under the city; and until one year after the expiration of any member’s term as mayor or council member, no former member shall be appointed to any paid appointive office or employment under the city which was created or the compensation for which was increased during the member's term as mayor or council member. Except as authorized in Minnesota law, a member of the council who is authorized to take part in any manner in making any sale, lease, or contract in the member’s capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. The last sentence in Section 12.03, Subd. 3. should be deleted. Ayes: 7 Nays: 0. Absent: Datta, Johnson, Kerssen, Ringuette. Motion carried. Section 2.05 Vacancies City Attorney Riggs summarized the changes proposed and recommended that the Commission use the language provided in the first proposal. Discussion was held regarding language related to infamous crimes, felonies, competent tribunal and Mayor Pro Tempore. Motion by Folk. Second by Dunn. Motion to approve language changes to Section 2.05 as follows: A vacancy in the council shall be deemed to exist on the happening of any of the following events, before the expiration of the term of such office: (1) The death of the mayor or council member; (2) The resignation of the mayor or council member; (3) The removal of the mayor or council member; (4) The mayor's or council member's ceasing to be an inhabitant of the city; (5) The mayor's or council member's conviction of any infamous crime, or of any offense involving a violation of the official oath; (6) The mayor's or council member's refusal or neglect to take the oath of office, or to give or renew the official bond, or to deposit or file such oath or bond within the time prescribed; (7) The decision of a competent tribunal declaring the mayor's or council member's election or appointment void; (8) The death of the person elected or appointed to fill a vacancy, or for a full term, before the person qualifies, or before the time when by law the person should enter upon the duties of the office, in which case the 3 vacancy shall be deemed to take place at the time when the term of office would have begun had the person lived. (9) The mayor's or council member's inability to serve in the office or attend council meetings for a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a 90-day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary officeholder and restore the original officeholder. In each case, the council shall by resolution declare such vacancy to exist and shall appoint an eligible person to fill the vacant office until the next regular city election is held. In the case of a tie vote in the council for a vacancy in the position of a council member, the mayor shall make the appointment. In the case of a tie vote in the council for a vacancy in the position of mayor, the mayor pro tempore shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. Also directing the City Attorney to review language in Subdvisions 5 and 7 and propose terms for words such as infamous crime and competent tribunal. Ayes: 7 Nays: 0. Absent: Datta, Johnson, Kerssen, Ringuette. Motion carried. Section 2.08 Investigation of City Affairs City Attorney Riggs summarized the proposed change to the section. Discussion was held regarding the proposed options. The Commission favored wording in both sections and discussed combining the language. Motion by Meland. Second by Fisher. 4 Motion to approve language changes to Section 2.08 as follows: The council may make investigations into the affairs of the city and the conduct of any city department, office, or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The council may provide for an examination or audit of the accounts of any officer or department of the city government. The council may conduct surveys or research studies of subjects of municipal concern. Ayes: 7 Nays: 0. Absent: Datta, Johnson, Kerssen, Ringuette. Motion carried. The Commission decided to forego any changes to Interference with Administration or the adding of language for Boards and Commissions at the time. City Clerk Domeier stated that the Boards and Commissions have adopted bylaws and standards are included in the City Code. She wanted to ensure the language matches if added. 6.2. 2018 Charter Amendment: Chapter 6 City Clerk Domeier summarized the proposed changes to Chapter 6 related to the Hopkins Police Department Review Committee. The changes are proposed as part of the City Code recodification project. Chair Genellie provided more information about the creation and history of the committee. Motion by Dunn. Second by Fisher. Motion to delete Section 6.02, Subd. 6a. Ayes: 7 Nays: 0. Absent: Datta, Johnson, Kerssen, Ringuette. Motion carried. 6.3. Set Next Meeting Date The next Charter Commission meeting was set for October 11 at 6:30 p.m. City Clerk Domeier will check room availability and send out a calendar invite. 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 Folk, Second by Fischer, the meeting was unanimously adjourned at 8 p.m. Respectfully Submitted, Amy Domeier, City Clerk DOCSOPEN\HP145\8\950783.v3-5/10/24 CITY OF HOPKINS Memorandum To: Hopkins Charter Commission Members From: Amy Domeier, City Clerk Date: May 29, 2024 Subject: 2024 Charter Amendment: Chapters 2 and 4 The Charter Commission should review Chapter 2 – Form of Government, Section 2.03 and Chapter 4 – Elections, Sections 4.01 and 4.02. 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 proposals, 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 considering those provisions, and consider potential amendments to those sections of the City Charter as discussed herein. Section 2.03 – Elected Officials Current language: The mayor will serve for a term of two years, and the four council members shall serve for terms of four years each. The terms of all elected officials shall commence on January 1 and all shall serve until their successors are elected and qualify. Proposed language: The mayor and the four council members shall serve for terms of four years each. The terms of all elected officials shall commence on the first Monday in January and all shall serve until their successors are elected and qualify. Discussion: Staff have received inquiries from residents along with previous and former council members about the length of the mayor’s term. To be consistent with the council members’ terms, staff is proposing that the Charter Commission consider amending the Charter to also have the mayor serve a four-year term. The change to the term-start date would bring the charter into line with statutory language on elected official terms. The LMC has shared the data on Mayor’s terms. The statistics provided are based on 855 self-reported cities. o 434 MN cities have two-year terms for Mayor o 30 out of 107 MN home rule cities have two-year terms for Mayor Section 4.01 – Municipal Elections Current language: The regular election for the choice of the elected officials of the city shall be held on the first Tuesday after the first Monday in November in odd numbered years beginning in 1995. The city manager shall give notice of all elections in the manner City Clerk DOCSOPEN\HP145\8\950783.v3-5/10/24 prescribed by state law for cities of the same classification as this city, but failure to give such notice shall not invalidate such election. Proposed language: The regular city election is held on the first Tuesday after the first Monday in November of even numbered years. The election is held at the place or places designated by resolution of the city council. Notice of the election is given in the manner provided by law. Failure to give notice of the election does not invalidate the election. Discussion: Both even-year and odd-year elections have their own set of benefits and drawbacks. City Council races can have a more direct impact on communities. Voter turnout in odd-year elections is generally lower, but this can also mean that voters who do participate may have a greater influence on the outcome of the election. Even-year elections, which typically coincide with major state and federal elections (such as presidential elections every four years), tend to have higher voter turnout. This is because they often feature more high-profile races and issues that attract greater attention from voters. Additionally, the infrastructure for managing elections, such as polling places and election administration resources, is already in place due to the state and federal elections. Even-year elections offer a range of benefits that contribute to a more robust and inclusive democratic process at the local level including: o Higher Voter Turnout. One of the primary benefits of even-year elections is increased voter participation. With major state or federal races on the ballot, more voters are likely to turn out, which can lead to a more representative and engaged electorate. o Streamline Election Administration. Conducting elections in even years would streamline the administrative process. It would reduce election judge training, equipment programming and testing, logistical challenges, and facility use. o Increase Civic Engagement. With more voters participating in even-year elections, there's a greater opportunity for civic engagement and community involvement. Residents may be more likely to educate themselves about local issues and candidates when they're already participating in state or federal races. o Cost Savings. Consolidating local elections with state and federal elections can lead to significant cost savings for Hopkins. By sharing resources such as polling places, election workers, equipment programming and testing, logistical planning and ballot printing costs, the city has the opportunity to reduce the financial burden associated with holding separate elections. Odd Year Stats (2013-2021) Average Turnout 17.50% Average Annual Cost $60,232.39 Average Cost Per Vote $34.45 DOCSOPEN\HP145\8\950783.v3-5/10/24 Even Year Stats (2014-2022) Average Turnout 76.60% Average Annual Cost $62,594.48 Average Cost Per Vote $7.93 The LMC has shared the data on municipal elections. The statistics provided are based on 855 self-reported cities. o 18 MN cities have odd-year elections o 10 out of the 18 MN Cites are home rule cities with odd-year elections Section 4.02 – Candidates Current language: A candidate for a city office shall file an affidavit not more than 70 days and not less than 56 days before the municipal general election 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 state law. In either case, the filing fee shall be $25.00. Such affidavit or application shall state that the candidate is a qualified voter of the city, and name the office for which he is a candidate. Any candidate may withdraw not later than 12:00 noon of the day following the last day for filing by filing a notice of withdrawal with the city clerk. Proposed language: An eligible voter of the city may file for election in the manner prescribed by law. The City Council must adopt a resolution requiring a write-in candidate for mayor or city council who wants their write-in votes to be counted in the general election to file a written request with the city clerk within the timeline established in Minnesota Statues, section 204B.09, subdivision 3. All write-in votes cast for candidates who have not filed a written request to have these votes counted collectively as a single group. Discussion: Amending the Charter related to candidate filing would align with the process and dates outlined in state statute. The current write-in vote counting process is overly time consuming and unnecessary. CITY OF HOPKINS Memorandum To: Hopkins Charter Commission Members From: Nick Bishop, Finance Director Date: May 29, 2024 Subject: 2024 Charter Amendment: Chapters 6 and 7 The Charter Commission should review Chapter 6 – Administration of City Affairs, Section 6.06. and Chapter 7 – Taxation and Finance. 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 considering those provisions, and consider potential amendments to those sections of the City Charter as discussed herein. Section 6.06 – Purchases and Contracts 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 established in the City’s Legislative Policy Manual. 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. Discussion: The current Charter language is not consistent with the Legislative Policy Manual Section 6-A on Purchasing. Policy 6-A was updated in January 2024. The proposed changes to the City Charter allow City Council to regulate the City Manager’s powers over purchasing through the Legislative Policy Manual. Finance Dept. Section 7 – Taxation and Finances Sec. 7.03 – Board of Equalization Current language: Unless the city council provides otherwise as permitted by law, the council shall constitute the board of equalization and shall meet as such in the usual place for holding council meetings not later than June 1 of each year to equalize the assessments according to law, or at such other adjourned meetings as it may designate. Proposed language: N/A – remove this section entirely Discussion: The City of Hopkins no longer has a local board of equalization for property valuations. Hennepin County hosts “Open Book” meetings at various locations (Hopkins property owners can attend any such meeting). Formal appeals are made to the Hennepin County Board of Equalization. Sec. 7.04 – Preparation of the Annual Budget Proposed Language: The annual budget shall provide a complete financial plan for the budget year by fund, showing all proposed expenditures and estimates of all anticipated revenues applicable to proposed expenditures and any other information the council may require or the city manager may deem desirable. In parallel columns shall be shown the budgeted amount for the, if any, granted and expended under similar heads for the past two complete fiscal years and, as far as possible, for the current year. The council may include or exclude at its discretion any fund, except the general fund. The budget shall be submitted to the council at a regular council meeting, in a manner prescribed by state statute, not less than 30 days prior to final approval . no later than the first regular monthly meeting in September. It shall be a public record open to public inspection. by anyone and the city manager shall cause sufficient copies thereof to be prepared for distribution to the mayor, members of the council and interested persons. Discussion: Removing the specific language on budget presentations gives staff the discretion to present budgetary information in a clear and concise manner. A preliminary budget and tax levy needs to be approved before September 30th each year, not 30 days before final approval. The reference to providing “copies” is outdated. The budget remains a public document. Sec. 7.10 – Disbursements Proposed Language: Disbursement of city funds shall be made by a negotiable instrument bearing the actual or authorized facsimile signature of the authorized city officer. No disbursements shall be issued until the claim to which it relates has been supported by an itemized bill, payroll, time-sheet, voucher or the like approved and signed by the responsible city officer who vouches for its correctness and reasonableness. No check shall be issued until there is money to the credit of the fund out of which it is to be paid sufficient to pay the same. The council may by ordinance make further regulations for the safekeeping and disbursements of the funds of the city. Discussion: The removed language is outdated. In addition to checks, the City uses other means of payments such as credit cards, ACH or wires. Invoices are currently approved by a signature; however, the removal would allow flexibility for the City to implement a more modern approval system. Sec 7.13 – Accounts and Reports Proposed language: The city manager shall be the chief accounting officer of the city and shall submit to the council a statement each month quarter containing information relative to the finances of the city as the council may require. Each year the city manager shall submit a report to the council, no later than June 30, covering the entire financial operations of the city for the past year. This report shall follow the style and form, as far as practicable, prescribed for annual city financial reports and copies will be made available to interested parties. Discussion: Current practice is to prepare a quarterly financial report for City Council. The reference to providing “copies” is outdated Financial Statements are available on the City’s website and staff would take the necessary steps to make it available for parties without access to a computer.