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CR 09-057 Revision of City Charter, Ordinance 2009-1006August 3, 2009 Council Report 2009 -057 REVISION OF CITY CHARTER ORDINANCE 2009 -1006 Proposed Action Staff recommends that the Council approve the following motion: Continue public hearing on Ordinance 2009 -1006 to August 18, 2009. This action will ensure that all five Council Members will be at the public hearing and available to vote on the Ordinance. Overview Ordinance 2009 -1006 was drafted by city staff and distributed to the Charter Commission. The Commission met on June 30, 2009 and voted to recommend the adoption of Ordinance 2009 -1006 by the Hopkins City Council. The public hearing had been scheduled for August 3. All five Council Members will not be at this meeting. Staff is recommending that the public hearing be moved to August 18. Primary Issues to Consider • What changes are being recommended in the Charter? • What is the process for amending the City Charter? Supporting Information • Analysis of the issues. • Alternatives es A. Genellie Assistant City Manager Council Report 2009 -052 Page 2 Analysis of the Issues • What changes are being recommended in the Charter? Ordinance 2009 -1006 would set the size of the Charter Commission at eleven members. The Minnesota Legislature amended the law regarding the number of members a Charter Commission may have. Commissions may now have between 7 and 15 members. In December, the City received a notice from the Chief Judge's office indicating that 15 members needed to be appointed to the Hopkins' Commission. City Charters may be amended to set the number of Commissioners. Historically, the City of Hopkins' Charter Commission has had eleven members. The Commission's By -laws state that there shall be eleven members. Staff is proposing that the Charter be amended to fix the size of the charter commission at eleven members. Minnesota Statutes Section 410.05 CHARTER COMMISSION. Subdivision l.Appointment. The commission shall be composed of not less than seven nor more than 15 members, each of whom shall be a qualified voter of the city. The size of the commission shall be determined within the above limits by the court, except that where the commission is appointed pursuant to a petition of the voters or resolution of the governing body of the city, the size of the commission shall be as specified in such petition or resolution. Any city may by charter provision fix the size of the charter commission at a figure which shall not be less than seven nor more than 15 members, and such charter provision shall prevail over any inconsistent provisions of this subdivision. What is the process for amending the City Charter? The City Charter may be amended by Ordinance using the following procedure: Upon recommendation of the Charter Commission, the City Council may enact a Charter Amendment by Ordinance. Such an ordinance, if enacted, shall be adopted by the Council by an affirmative vote of all its members after a public hearing upon two weeks published notice containing the text of the proposed amendment and shall be approved by the Mayor and published as in the case of other ordinances. The City Council must adopt or reject the proposed ordinance in total. It cannot amend the ordinance. An ordinance amending a City Charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance.