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WS — Item #1 WORK SESSION STAFF REPORT Work Session Item 1 Date: August 4, 2008 To: City Council From: Gordon Heitke Julie Bartell Re: Charter Commission Update Background At the July 7 work session, the council discussed the outstanding charter amendment proposal (2008 council/citizens task force amendment) in terms of a city- sponsored public communication plan. In order to initiate work on a plan and desiring to have one public information program address any amendment on the ballot, the council directed that a letter be sent to the Charter Commission inviting them to provide an update on their work on the proposed charter amendment. The Charter Commission has since sent a letter addressed to Mayor Bergeson dated July 18, 2008, officially rejecting the 2008 council /citizens task force amendment. The commission is recommending that the council repeal Section 8.07 of the City Charter by ordinance. (Upon recommendation of the Charter Commission the council may, by an affirmative vote of all of its members, enact a charter amendment without an election. Amendments by ordinance are subject to referendum if a qualifying petition is filed within 60 days after passage and publication of a council approved ordinance.) Minnesota Statutes, Section 410.12, Subd. 7, prescribes a process and timeline for amendments by ordinance. According to that statute language, it appears the council must make a decision at the August 4, 2008 work session as to whether or not it wishes to pursue this charter commission recommended change by ordinance. To meet the statutory timeline, a notice for a public hearing on the amendment must be submitted to the official city newspaper by August 6 in order for the notice to be published as required. The public hearing itself would be required within a month of the publication date. A calendar outlining the full process is attached. Charter Commission Chair Cori Duffy has indicated that she will be present at the work session. 1