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CR 09-059 Revision of City Charter - Ordinance 2009-1006August 18, 2009 Proposed Action Staff recommends that the Council approve the following motion: Approve Ordinance 2009 -1006 for first reading. This action will continue the process of amending the City Charter. Overview The Hopkins City Charter was adopted in 1947. It was last updated in 2004. The Hopkins Charter Commission met in April and June of this year and voted to make a change to the City Charter. 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. Ordinance 2009 -1006 would establish the size of the Charter Commission at eleven members. 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 • Ordinance 2009 -1006 es A. Genellie ssistant City Manager REVISION OF CITY CHARTER ORDINANCE 2009 -1006 Council Report 2009 -059 Council Report 2009 -059 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 1.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. Council Report 2009 -059 Page 3 Alternatives Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the City Clerk. Such petition shall be signed by qualified voters equal in number to 2% of the total number of votes cast in the City at the last date general election or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the Charter Commission, the Council, or by petition of the voters, except that the Council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. 1. Approve Ordinance 2009 -1006 for first reading. 2. Do not approve Ordinance 2009 -1006 for first reading and send the proposed ordinance back to the Charter Commission for further action. Staff recommends Alternative #1.