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09-27-05 Charter Commission Regular MeetingCITY OF HOPKINS CHARTER COMMISSION AGENDA September 27, 2005 6:30 p.m. Hopkins Center for the Arts Upstairs Conference Room 1. Call to Order 2. Roll Call 3. Approval of the Minutes of the Previous Meeting 4. Consideration of Communications 5. Old Business • Amendment to Section 12.05 - Sales of Real Property • Instant Runoff Elections (The Alternative Voting Task Forces report and recommendation will be sent in a separate mailing.) 6. New Business 7. Adjournment ATTACHMENTS: • Minutes of the April 26, 2005 Charter Commission meeting • Current Roster of the Charter Commission • Resolution 2005-01 • Ordinance 2005-958 • Revised Charter Commission By -Laws UNAPPROVED Minutes of the Hopkins Charter Commission April 26, 2005 The Hopkins Charter Commission met on April 26. Present were Commission members: Dorothy Boen, David Day, Fran Hesch, Roger Gross, Karen Jensen and Jim Shirley. Assistant City Manager Jim Genellie was also present. The meeting was brought to order at 6:37 p.m. Approval of the Minutes of the Previous Meeting. Commissioner Gross noted that his name was not on the minutes of June 22. The Commission directed Mr. Genellie to make this change. Commissioner Gross moved and Commissioner Day seconded a motion to approve the minutes of June 22, 2004. The Commission voted to approve the minutes as amended. Election of Chair and Vice -Chair. Commissioner Gross moved and Commissioner Day seconded a motion that Fran Hesch be elected Chair. There were no other nominations. The Commission voted unanimously to elect Fran Hesch as Chair. Commissioner Boen moved and Commissioner Day seconded a motion that Roger Gross be elected Vice -Chair. The Commission voted unanimously to elect Roger Gross as Vice -Chair. Communications There were no communications. At this point in the meeting the Commission decided to address the items under New Business before it considered the item under Old Business. New Business Amendment to Section 12.05 - Sales of Real Property Section 12.05. SALES OF REAL PROPERTY. No real property of the City shall be disposed of except by resolution duly adopted by a four -fifths vote of the City Council. The consideration paid to the City for the sale of any such real property shall be not less than the fair and reasonable market value of such property as the same may have been determined by the latest tax assessment rolls of the City subject however for reasonable adjustment in those cases where the City may retain easements or other rights in such property. The proceeds of any such sale shall be used for any public purpose which the Council may by resolution designate. Mr. Genellie suggested that the Commission vote to eliminate the words: "which the Council may by resolution designate." The City of Hopkins does not have much property to sell. Proceeds from the sale of property can be placed in several City funds. If the revenues were placed in the general fund, for example, they -1 - would be commingled with tax receipts, interest earnings, license fees, etc. Expenditures are made from these funds over a period of time. This money, like all City funds, must be spent for a public purpose. Normally the only time the Council uses a resolution in regard to expenditure of City funds is when it approves the annual budget. Several Commission members asked whether removing this wording would change the way that the money would be spent. Mr. Genellie explained that the City Council would determine how the money would be spent. The resolution would just be a formality. Commissioner Boen moved and Commissioner Gross seconded a motion approving this change to the City Charter. The Commission voted unanimously to approve this change. Amendments to the By -Laws Article III Section 3. The terms of office of each member shall be four years. A Commission member may only serve two terms. Each member serves, however, until a successor is appointed and qualified. Mr. Genellie suggested that the Commission eliminate the two -term limit. The State of Minnesota revised Minnesota Statute 410 to eliminate the two -term limit on Commissioners. The City of Hopkins has been eliminating this limit in other Boards and Commissions due to the difficulty in finding replacement members. Staff believes that there is sufficient turnover on the Commission that the term limit is unnecessary. Commissioner Boen moved and Commissioner Jensen seconded a motion approving this change to the By -Laws. The Commission voted unanimously to approve this change. Article - Section 2. The term of office for all officers shall be one year on a calendar year basis. Mr. Genellie suggested that the Commission change the term of office to two years. During the first, and occasionally, only meeting of the year the Commission has to elect a chair and vice - chair. While the existing chair is often re-elected, it is possible that the Commissioner elected as Chair would serve for only one meeting. Commissioner Boen moved and Commissioner Shirley seconded a motion approving this change to the By -Laws. The Commission voted unanimously to approve this change. Article V Section 1. Meetings of the Commission shall be held in Hopkins City Hall. Mr. Genellie suggested that the Commission consider changing this requirement. Due to existing conflicts the Commission is forced to hold its meetings in a small conference room at City Hall. Holding meetings at other locations would allow for more room for the Commission and would accommodate any member of the public that wanted to attend. -2- UNAPPROVED Commissioner Gross moved and Commissioner Boen seconded a motion changing the language in Article V, Section 1 to " Meetings of the Commission shall be held in a public building located in the City of Hopkins." The Commission voted unanimously to approve this change. Old Business Ranked Ballot Voting Commissioner Hesch discussed the work of the Alternative Voting Task Force. The preliminary report to the Commission is complete. Commissioner Hesch said that she was pleased and impressed with the dedication of the Task Force members. She asked that the Commission agree to extend the time for the Task Force to complete its work. She said that while the Commission had studied alternative voting systems it has not had time to arrive at a recommendation for the Charter Commission. Commissioner Shirley asked about the composition of the Task Force, particularly representation from some political parties and not others. He was concerned that the membership of the Task Force might be tilted in favor of a change in the voting system. Commissioner Hesch said that many people were invited to join the Task Force, including members of major political parties. A number of people agreed to serve but failed to show up for meetings. Commissioner Hesch said that the Task Force did have input from a number of people who were skeptical about changing voting systems. Commission Gross asked where the Task Force would go from here. Commissioner Hesch said that the Task Force would meet several more times this summer. She asked if the Task Force could report back to the Commission in the fall. Commissioner Jensen moved and Commissioner Gross seconded the motion to approve the continuation of the work of the Alternative Voting Task Force and setting the date of the next meeting of the Commission for September 27, 2005. The motion was approved unanimously. Adjournment. Commissioner Boen moved and Commissioner Jensen seconded the motion to adjourn. The meeting adjourned by unanimous consent. -3- August 29, 2005 Name Term Term Expires Dorothy Boen Second 4/13/2008 David Day First 9/22/2007 Roger Gross Second 4/13/2008 Fran Hesch First 4/7/2006 John Hutchison First 10/20/2005 Karen Jensen First 10/20/2005 Roger Johnson Emily Wallace -Jackson Chair: Fran Hesch Vice -Chair: Dorothy Boen Second 8/26/2009 First 3/5/2008 Steve Lewis, Jerre Miller, and Bob Miller have been recommended for appointment by the Hopkins City Council. The City has not been notified of their official appointment by the District Court. Hennepin County, Minnesota CHARTER COMMISSION RESOLUTION NO. 2005-01 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 2005-958 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 September 27, 2005. Fran Hesch, Chair ATTEST: James A. Genellie, Secretary Hopkins Charter Commission CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE 2005-958 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 12.05, is amended as follows: Section 12.05. SALES OF REAL PROPERTY. No real property of the City shall be disposed of except by resolution duly adopted by a four -fifths vote of the City Council. The consideration paid to the City for the sale of any such real property shall.be not less than the fair and reasonable market value of such property as the same may have been determined by the latest tax assessment rolls of the City subject however for reasonable adjustment in those cases where the City may retain easements or other rights in such property. The proceeds of any such sale.shall be used for any public purpose wh4:ethe ^Geuned:! �ay by -ese-linen de ; gr . Section 2. The effective date of this ordinance shall be ninety days after publication. First reading: Second reading: Date of Publication: November 15, 2005 December ,, 2005 December 15, 2005 Date Ordinance Takes Effect: March -, - Gene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date Amended: April 2005 BY-LAWS HENNEPIN COUNTY, MINNESOTA ARTICLE I Section 1. The name of this Commission shall be the Charter Commission for the City of Hopkins. Section 1. For the purposes of these By -Laws, the terms defined in this section shall have the meanings given them. Section 2. "Commission" means the organization named in Article I created by the District Court, Fourth Judicial District, State of Minnesota, County of Hennepin pursuant to a request by the City Council of the City of Hopkins, Minnesota. Section 3. "City Council" means the elected officials constituting the Mayor and Councilmembers for the City of Hopkins, Minnesota. Section 4. "Member" means a duly appointed individual to the organization named in Article I. Section 5. "Charter" means the basic organizational document for the City of Hopkins, County of Hennepin, State of Minnesota, as approved by the electors on December 2, 1947, with amendments. Section 1. The Commission shall have eleven members appointed by the Chief Judge of the district court pursuant to state law. Section 2. Each member shall be a citizen of the State of Minnesota and a resident of the City of Hopkins. Section 3. The terms of office of each member shall be four years. Each member serves, however, until a successor is appointed and qualified. 1 Amended: April 2005 Section 4. If any member dies, resigns, or ceases to be a resident of the City of Hopkins, the member's office shall be deemed vacant, and a successor shall be appointed for his or her unexpired term. Section 5. Resignation from the Commission by any member must be submitted in writing to the Mayor. Section 1. The officers of the Commission shall be the Chair, Vice Chair and Secretary. The Secretary need not be a member of the Commission. Section 2. The term of office for all officers shall be two years on a calendar year basis. Section 3. The Chair shall be the presiding officer of the Commission. He or she shall preside at all meetings of the Commission, but shall have all of the same privileges of discussion, making motions and voting as do other members. Section 4. The Vice Chair shall, in the absence or disability of the Chair, perform the duties and exercise the powers of the Chair. Section 5. The Secretary shall attend all meetings of the Commission, and shall act as Clerk of such meetings and shall record all votes and the minutes of all proceedings. The Secretary shall give notice of all meetings of the Commission and shall perform such other duties as may be prescribed by the Commission. Section 6. There will be no monetary compensation to any members of the Commission Section 7 Employees of the City of Hopkins may be requested to aid the Commission. Such requests . shall be made by the Chair to the City Manager of Hopkins and such requests may be written or oral. Section 1. Meetings of the Commission shall be held in a public bung located in the City of Hopkins. Section 2. Written notice of all meetings and copies of the minutes of each meeting shall be sent to all members. Written notice of meetings shall be mailed at least ten days prior to each meeting. 2 Amended: April 2005 Section 3. At any meeting of the Commission, a majority of the members shall constitute a quorum. Section 4. If the Secretary is absent from the meeting, the Chair shall appoint a Secretary pro tem for such meeting. Section 5. All meetings shall be conducted in accordance with Robert's Rules of Order Revised, except as otherwise provided in these By -Laws. Section 6. The members may from time to time determine the order of business for Commission meetings. The usual order of business at such meetings shall be as follows: A. Call to Order B. Roll Call C. Minutes of Previous Meeting. D. Reports. E. Consideration of Communications F. Unfinished Business G. New Business. H. Adjournment ARTICLE VI POWERS AND DUTIES OF COMMISSION Section 1. The Commission is created to promulgate changes to the Charter of the City of Hopkins, Minnesota, as revised, for the improvement in the management and operation of the City government. Section 2. 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. Section 3. The Commission shall be responsible for submitting recommended changes to said Charter for action by the City Council. Section 4. 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. 3 Amended: April 2005 Section 1. The Commission has no direct monetary funds. Section 2. The Commission shall submit by budget its monetary needs to the City Council for inclusion by said Council on the general tax assessment. Section 3. The fiscal year of the Commission shall be the calendar year. ARTICLE VIII AMENDMENTS TO BY-LAWS Section 1. These By -Laws may be amended at any meeting of the Commission. Section 2. A majority vote of the members shall be necessary to adopt any amendment to these By -Laws. Section 3. In any instance where these By -Laws are in conflict with District Court, Fourth Judicial District orders, said Section of these By -Laws is void. 4