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11-15-05 Charter Commission Regular MeetingCITY OF HOPKINS CHARTER COMMISSION AGENDA November 15, 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 • Instant Runoff Elections 6. New Business 7. Adjournment ATTACHMENTS: • Minutes of the September 27, 2005 Charter Commission meeting • Current Roster of the Charter Commission • Resolution 2005-02 • . Ordinance 2005-958 and Ordinance 2005-958a UNAPPROVED Minutes of the Hopkins Charter Commission September 27, 2005 The Hopkins Charter Commission met on September 27. Present were Commission members Dorothy Boen, David Day, Fran Hesch, Karen Jensen, Roger Johnson, Steve Lewis, Robert Miller, and Emily Wallace -Jackson. The meeting was brought to order at 6:35 p.m. Approval of the Minutes of the Previous Meeting Commissioner Day moved and Commissioner Boen seconded the motion to approve the minutes of the April 26, 2005 meeting, The motion was approved unanimously. Communications There were no communications. Old Business Amendment to Section 12.05 — Sale of Property The Commission voted at the April 26 meeting to amend the Charter by deleting the words: "which the Council may by resolution designate." Mr. Genellie said that this was an unnecessary procedure. About the only time the Council ever approved expenditures by resolution was the approval of the annual budget. The Council would retain the ability to apply the proceeds from the sale of property to any public purpose. However, if the , proceeds were put into one of the City funds, it would be commingled with existing assets. Commissioner Robert Miller initiated a discussion regarding the manner in which property is sold. How is the value determined of property? The current language merely states that the property cannot be sold for less than the assessed value. The assessed value may be much less than the current market value. Should the Commission require an appraisal for the sale of property? What do you do in the case of redevelopment property? Commissioner Jensen moved and Commissioner Lewis seconded the motion to refer Section 12.05 to the City Attorney for review of the; questions raised by the Commission. The motion passed unanimously. Ranked Ballot Voting Commissioner Hesch gave a summary of the Alternative Voting Task Force's work during the last year. The task force considered the broad issue of changing the voting 1 UNAPPROVED system on the entire ballot including the election for school board. The voting system used by School districts, however, is controlled by the legislature. Commissioner Hesch gave a presentation on voting systems. The proposed change would be designed to ensure that the winners have a majority of the votes. The Task Force is recommending Instant Runoff Voting (IRV). There would be a ranked ballot for Mayor and Council using two passes of IRV for the two council seats. The Task Force recommended this alternative be adopted into the Charter, leaving the actual ballot implementation to the time when it becomes technically and financially feasible. Commissioner Hesch said that the costs of implementing this voting system were not known at this time. There was an estimate that if Hopkins were to pay fora programming change by itself, the cost could exceed $200,000. Tony Solgard said that the voting equipment will be modified in the future to allow for IRV. Commissioner Day asked how this could work for the School Board when the District covers several cities. The Task Force looked at this but determined that state legislation would be needed for the school board and statutory cities. Commissioner Jensen said that most of the people that she talked to thought it was a good idea. Commissioner Jensen moved to authorize Jim Genellie and City Attorney to draft a resolution and Charter amendment, implementing IRV for the Mayor and Council using two passes of IRV for the two council seats, to present to the next meeting of the Commission. Commissioner Wallace -Jackson seconded the motion. Commissioner Wallace -Jackson asked how the two passes would work for the two Council members. This led to an extensive discussion of how the voting would take place. Commissioner Robert Miller asked whether there would be an improvement in governance through this voting method. Commissioner Hesch said that the result of IRV is that winning candidates have a majority of the votes. Commissioner Jensen said that this voting system would excite people and improve turnout. Commissioner Wallace -Jackson said that IRV would allow people to vote for who they really wanted even if they were a minority candidate. 2 LTQjkfiV . JI, j7,,jj_jWp Commissioner Robert Miller asked about the representation on the Task Force. Commissioner Hesch said the Task Force tried to get as many representatives of different views as possible but that proponents were more willing to serve. Commissioner Jensen said she was especially persuaded by the League of Women Voters. Commissioner Hesch called for a vote on the motion. Commissioners Boen, Hesch, Jensen, Johnson, Lewis, and Wallace -Jackson voted aye. Commissioners Miller and Day voted nay. The motion passed. The Commission set its next meeting for Tuesday, November 15 at 6:30 p.m. Adjournment Commissioner Day moved and Commissioner Johnson seconded the motion to adjourn. The meeting adjourned by unanimous consent. 3 c) CHARTER COMMISSION October 27, 2005 Name Term Term. Expires Dorothy Boen Second 4/13/2008 David Day First 9/22/2007 Roger Gross r Second 4/13/2008 Fran Hesch ✓ First 4/7/2006 John Hutchison First 10/20/2005 _ Karen Jensen ✓ First 10/20/2005 Roger Johnson Second 8/26/2009 Steve Lewis First 9/26/2008 Jerre Miller First 9/26/2008 Robert Miller First 4/7/2006 Emily Wallace -Jackson First 3/5/2008 Chair: Fran Hesch Vice -Chair: Roger Gross CITY OF HOPKINS Hennepin County, Minnesota CHARTER COMMISSION RESOLUTION NO. 2005-02 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 Chapters 2 and 4 of the Hopkins City Charter should be amended to modify the method used to elect members of the City Council; Now Therefore be it resolved by the Hopkins Charter Commission that the Hopkins Municipal Charter be amended by Ordinance 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 November 15, 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 2.03, is amended as follows: Subdivision 3. After the City general election, the 'City Council shall, at their next regularly scheduled meeting, meet as the canvassing board and declare the results of the election. r1 eandidate reeeiving the irsEffhce4=- nid be-r of -yetes fer a pa-tiel eff rye is eleetIf the election results in a tie, then the winner should be determined by lot,in the presence of the Council acting as the canvassing board. Section 2. Section 4.04, is added as follows: SEC. 4.04. INSTANT RUNOFF ELECTIONS. (a) For the purposes of this section: (1) a candidate shall be deemed "continuing" if the candidate has not been eliminated; (2) a ballot shall be deemed "continuing" if it is not exhausted; and (3) a ballot shall be deemed "exhausted, and not counted in further stages of the tabulation, if all of the candidates chosen on that ballot have been eliminated or there are no more candidates indicated on the ballot. If a ranked -choice ballot gives equal rank to two or more candidates, the ballot shall be declared exhausted at the point of the ballot when such multiple rankings are reached. If a voter casts a ranked -choice ballot but skips -a rank, the voter's vote shall be transferred to that voter's next ranked choice. (b) The Mayor and members of the City Council shall be elected using a ranked -choice, or "instant runoff," ballot. The ballot shall allow voters to rank a number of choices in order of preference equal to the total number of candidates for each office; provided, however, if the voting system, vote tabulation system or similar or related equipment used by the City and County cannot feasibly accommodate choices equal to the total number of candidates running for each office, then the Director of Elections �,' may limit the number of choices a voter may rank to no fewer than three. The ballot shall in no way interfere with a voter's ability to cast a vote for a write-in candidate. (c) If acandidate receives a majority of the first choices, that candidate shall be declared elected.. If no candidate receives a majority, the candidate who received the fewest first choices shall be eliminated and each vote cast for that candidate_ shall be transferred to the next ranked candidate on that voter's ballot, except that if the total number of first choice votes of the two or more candidates credited with the lowest number of first choice votes is less than the number of first choice votes credited to the candidate with the next highest number of votes, those candidates with the lowest number of first choice votes shall be eliminated simultaneously and their first choice votes transferred to the next -ranked continuing candidate on each ballot in a single counting operation. If, after this transfer of votes, any candidate has a majority of the first choice votes from the continuing ballots, that candidate shall be declared elected. (d) This process of eliminating -candidates and, transferring their votes to the next -ranked continuing candidates shall be repeated until a candidate receives a majority of the first choice votes from the continuing ballots. (e) The members of the city council shall:be elected ,sequentially. After the first candidate is elected, the votes shall be recounted, with any ballots marked for the already elected candidate now counting for the next ranked candidate on each ballot. (f) In the event of a tie between two or more candidates after any round of counting, the candidate to be eliminated shall be determined by lot (g) The City Clerk.shall conduct a voter education campaign to familiarize voters with the ranked -choice or, "instant runoff," method of voting. (h) Ranked choice, or "instant runoff," balloting shall be used for the general municipal election in November 2007 and all subsequent elections. Section 3. The effective date of this ordinance shall be ninety days after publication. First reading: January 3, 2006 Second reading: January 17, 2006 Date of Publication: January 26, 2006 Date Ordinance Takes Effect: April 27, 2006 Gene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA a ORDINANCE 2005-958A 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 2.03, is amended as follows: Subdivision 3. After the City general election, the City Council shall, at their next regularly scheduled meeting, meet as the canvassing board and declare the results of the election. -T� e an d!4ateLcee e iv i n ff the h:Ejh e s t nidffib ere f vetes fer a partie'diar effiee is elect '. If the election results ina tie, then the winner should be determined by lot in the presence of the Council acting as the canvassing board. Section 2. Section 4.04, is added as follows: SEC. 4.04. INSTANT RUNOFF ELECTIONS. (a) For the purposes of this section: (1) a candidate shall be deemed "continuing" if the candidate has not been eliminated; (2) a ballot shall be deemed "continuing" if it is not exhausted; and (3) a ballot shall be deemed "exhausted," and not counted in further stages of the tabulation, if all of the candidates chosen on that ballot have been eliminated or there are no more candidates indicated on the ballot. If a ranked -choice ballot gives equal rank to two or more candidates, the ballot shall be declared exhausted at the point of the ballot when such multiple rankings are reached. If a voter casts a ranked -choice ballot but skips a rank, the voter's vote shall be transferred to that voter's next ranked choice. (b) The Mayor and members of the City Council shall be elected using a ranked -choice, or "instant runoff," ballot. The ballot shall allow voters to rank a number of choices in order of preference equal to the total number of candidates for each office; provided, however, if the voting system, vote tabulation system or similar or related equipment used by the City and County cannot feasibly accommodate choices equal to the total number of candidates running for each office, then the Director of Elections may limit the number of choices a voter may rank to no fewer than three. The ballot shall in no way interfere with a voter's ability to cast a vote for a write-in candidate. (c) If a candidate receives a majority of the first choices, that candidate shall be declared elected. If no candidate receives a majority, the candidate who received the fewest first choices shall be eliminated and each vote cast for that candidate shall be transferred to the next ranked candidate on that voter's ballot, except that if the total number of first choice votes of the two or more candidates credited with the lowest number of first choice votes is less than the number of first choice votes credited to the candidate with.the next highest number of votes, those candidates with the lowest number of first choice votes shall be eliminated simultaneously and their first choice votes transferred to the next -ranked continuing candidate on each ballot in a single counting operation. If, after this transfer of votes, any candidate has a majority of the first choice votes from the continuing ballots, that candidate shall be declared elected. (d) This process of eliminating candidates and transferring their votes to the next -ranked continuing candidates shall be repeated until a candidate receives a majority of the first choice votes from the _continuing ballots. (e) The members of the city council shall be elected sequentially. After the first candidate is elected, the votes shall be recounted, with any ballots marked for the already elected candidate now counting for the next ranked candidate on each ballot. (f) In the event of a tie between two or more candidates after any round.of counting, the candidate to be eliminated shall be determined by lot. (g) The City Clerk shall conduct a voter education campaign to familiarize voters with the ranked -choice or, "instant runoff," method of voting. (h) Ranked choice, or `instant runoff,' balloting shall be used for the first municipal election in November 2007 and all subsequent elections unless the City Clerk certifies to the City Council no later than four months prior to an election that the Department will -not be ready to implement ranked -choice balloting in that election. Such certification must include the reasons why the Department is not ready to implement ranked -choice balloting. The City Council shall have the ability to accept the certification or to -order the Department to implement ranked -choice balloting. Section 3. The effective date of this ordinance shall be ninety days after publication. First reading: January 3, 2006 Second reading: January 17, 2006 Date of Publication: January 26, 2006 Date Ordinance Takes Effect: April 27, 2006 Gene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature i Date 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 - UNAPPROVED 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 IV 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. Adi ournment. Commissioner Boen moved and Commissioner Jensen seconded the motion to adjourn. The meeting adjourned by unanimous consent. -3- CHARTER COMMISSION September 22, 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 Second 8/26/2009 Steve Lewis First 9/26/2008 Jerre Miller First 9/26/2008 f Robert Miller First* 4/7/2006 F := Emily Wallace -Jackson First* 3/5/2008 Chair: Vice -Chair: Fran Hesch * Filling out unexpired term. Eligible to serve two more complete terms. CITY OF HOPKINS Hennepin County, Minnesota CHARTER COMMISSION RESOLUTION NO. 2005-01 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 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. :r ATTEST: James A. Genellie, Secretary Hopkins Charter Commission Fran Hesch, Chair 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:eh the Gewe=l Eftay Jqy—teeselutlen d«. J Section 2. The effective date of this ordinance shall be ninety days after publication. First reading: Second reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: Terry Obermaier, City Clerk November 15, 2005 December 6, 2005 December 15, 2005 March 16, 2006 LIM Gene Maxwell, Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date