04-24-12 Charter Commission Regular MeetingCITY OF HOPKINS
CHARTER COMMISSION
AGENDA
April 24, 2012
6:30 p.m.
Raspberry Room - Hopkins City Hall
1. Call to Order
2. Roll Call
3. Approval of the Minutes of the Previous Meeting
4. Election of Officers
5. Reports
6. Old Business
• Charter Amendments
7. New Business
8. Adjournment
ATTACHMENTS:
• Charter Commission Roster
• Minutes of the May 2, 2011 Charter Commission meeting
• Memorandum Regarding Charter Amendments
• Resolution 2012-01
• Ordinance 2012-1045
CHARTER COMMISSION March 27, 2012
Name Term Expires
Dorothy Boen 8/2/2015
David Day 8/2/2015
Roger Gross 1/6/2011
Fran Hesch 6/16/2014
Karen Jensen 6/16/2014
Roger Johnson 5/5/2014
Steve Lewis 8/2/2015
Jerre Miller 9/26/2008
Emily Wallace-Jackson 3/5/2012
Chair: Emily Wallace-Jackson
Vice-Chair: Karen Jensen
UNAPPROVED
1
Minutes of the Hopkins Charter Commission
May 2, 2011
The Hopkins Charter Commission met on May 2. Present were Commission
members David Day, Roger Gross, Fran Hesch, Karen Jensen, Roger Johnson,
Steve Lewis, and Emily Wallace-Jackson.
The meeting was brought to order at 6:30 p.m. by the Chair of the Commission,
Emily Wallace-Jackson.
Approval of the Minutes of the Previous Meeting
Commissioner Gross moved and Commissioner Lewis seconded a motion to
approve the minutes of the April 27, 2010 meeting. The motion was approved
unanimously.
Reports
Mr. Genellie reported that the terms have expired of several commissioners. The
following commissioners have agreed to be reappointed: David Day, Roger Gross,
and Steve Lewis.
Old Business
Instant Runoff Elections
Mr. Genellie said that St. Paul will be conducting its next election using instant
runoff voting. He also said that there is a possibility that Hennepin County will be
seeking to replace the current voting machines in the County. New voting
machines may well have the ability to process instant runoff voting.
Old Business
Mr. Genellie brought forward two amendments to the Charter.
Section 3.03 of the City Charter requires that an ordinance be passed to amend an
existing ordinance. Hopkins, like most cities, combines its ordinances into a City
Code. Staff proposed that language referencing the City Code be added to Section
3.03.
UNAPPROVED
2
In addition, Section 3.03 currently requires that the ordinance or section being
amended shall be referred to by "title, date of passage, and section number or
numbers." Since the City Code is a compilation of all the ordinances, a given
section may have been amended a number of times by a variety of ordinances. It is
difficult to pick out a single "date of passage." Simply using the title and section
numbers will make it clear as to what part of the code is being amended or
repealed.
Section 4.02 of the Charter spells out how someone becomes a candidate for city
office. It also establishes the filing period by stating how many days prior to the
election an affidavit will be accepted. The state of Minnesota changed the filing
dates in 2010 to accommodate the federal requirements to mail absentee ballots
45 days prior to the election.
Rather than amend the Charter to adopt the new timelines, staff proposed deleting
this language. Section 4.03 of the Charter applies general election laws to Hopkins
unless there is different language in the Charter. By deleting the filing period in the
Charter, the City's filing period will automatically match that required by the State
of Minnesota.
The Commission agreed that Mr. Genellie should prepare a draft ordinance making
these changes. Since a Charter amendment is being proposed, another Commission
meeting will be needed to approve a resolution and draft ordinance amending the
Charter. The Commission chose Monday, May 16 at 6:30 p.m. for its next
meeting.
Commissioner Hesch moved and Commissioner Jensen seconded a motion to
adjourn. The meeting adjourned by unanimous consent at 6:50 p.m.
\Charter Changes 2012.doc
Department of Administration
Memorandum
To: Charter Commission
From: Jim Genellie
Date: March 27, 2012
Subject: 2012 Charter Amendments
On May 2, 2011, the Hopkins Charter Commission considered two amendments to the
Charter. They are essentially housekeeping amendments.
Subdivision 6. No section of the City Code or city ordinance or section thereof shall be amended or
repealed except by ordinance, and every amendment or repeal shall refer to the section or ordinance
so amended or repealed by title, date of passage and section number or numbers. All previous
amendments must be consolidated in a rewording of the section amended each time that the section
is changed.
Section 3.03 requires that an ordinance be passed to amend an existing ordinance.
Hopkins, like most cities, combines its ordinances into a City Code. The proposed
amendment would add language referencing the City Code be added to Section 3.03. In
addition, Section 3.03 currently requires that the ordinance or section being amended shall
be referred to by "title, date of passage, and section number or numbers." Since the City
Code is a compilation of all the ordinances, a given section may have been amended a
number of times by a variety of ordinances. It is difficult to pick out a single "date of
passage." Simply using the title and section numbers will make it clear as to what part of
the code is being amended or repealed.
Section 4.02. CANDIDATES. Subdivision 1. 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 Chapter 205, MUNICIPAL ELECTIONS, of the Minnesota State Statutes. In
either case, the filing fee shall be $5.00. Such affidavit or application shall state that the candidate
is a qualified voter of the City of Hopkins, and name the office for which she or he is a candidate.
Section 4.02 spells out how someone becomes a candidate for city office. It also
establishes the filing period by stating how many days prior to the election an affidavit will
be accepted. The state of Minnesota changed the filing dates in 2010 to accommodate the
federal requirements to mail absentee ballots 45 days prior to the election.
\Charter Changes 2012.doc
Department of Administration
Rather than amend the Charter to adopt the new timelines, the proposed amendment
deletes this language. Section 4.03 of the Charter applies general election laws to Hopkins
unless there is different language in the Charter. By deleting the filing period in the
Charter, the City's filing period will automatically match that required by the State of
Minnesota.
Section 4 of the Commission's By-laws states: "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."
The changes were first submitted at the May 2, 2011 Charter Commission meeting. The
Commission then scheduled a second meeting for May 16, 2011 to adopt a resolution
recommending that the City Council adopt the Charter amendments. Unfortunately there
was not a quorum at the May 16 meeting so no action was taken.
Staff is now recommending that the Commission adopt Resolution 2012-01 which
recommends that the Hopkins City Council adopt Ordinance 2012-1045 amending the City
Charter.
CITY OF HOPKINS
Hennepin County, Minnesota
CHARTER COMMISSION RESOLUTION NO. 2012-01
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 2012-1045 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 April 24, 2012.
By______________________________
Chair
ATTEST:
_______________________________
James A. Genellie, Secretary
Hopkins Charter Commission
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2012-1045
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 3.03, Subdivision 6 is amended as follows:
No section of the City Code or city ordinance or section thereof
shall be amended or repealed except by ordinance, and every
amendment or repeal shall refer to the section or ordinance so
amended or repealed by title, date of passage and section number or
numbers. All previous amendments must be consolidated in a
rewording of the section amended each time that the section is
changed.
Section 2. Section 4.02, Subdivision 1 is amended as follows:
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 Chapter 205, MUNICIPAL ELECTIONS, of the Minnesota
State Statutes. In either case, the filing fee shall be $5.00.
Such affidavit or application shall state that the candidate is a
qualified voter of the City of Hopkins, and name the office for
which she or he is a candidate.
Section 3. The effective date of this ordinance shall be ninety
days after publication.
First reading: June 5, 2012
Second reading: June 19, 2012
Date of Publication: June 28, 2012
Date Ordinance Takes Effect: September 27, 2012
By
Gene Maxwell, Mayor
ATTEST:
Kris Luedke, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date