Agenda - Charter Commission - 05/05/2010

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Commissioner Field clarified his amendment to say motion to reconsider that we table our discussion on this section to a date from here and after to no later than May 29, 2010. That as part of the deciding date the City Attorney shall advise the Charter as to whether the Charter Commission's action prior to May 3 would be ineffective. Further discussion: Commissioner Niska stated May 29 is 60 days from today but is it 60 days from today or 60 days from when the City Council passes it. Attorney Goodrich responded 60 days from the day the Charter received it. Motion and Amendment carried. Voting Yes: All Present. Absent: Commissioner Sherman. Commissioner Sherman's letter with her comments relating to the form of government for the City is attached to the minutes and labeled Attachment A. City Attorney Goodrich asked to add a new subject to the agenda for discussion -one that is very timely, to which the Charter Commission agreed. Case #4: Amend Charter Section 4.1.1 Primary Elections City Attorney Goodrich stated that under State Statute 4.10.12, Subd. 7, upon recommendation of the Charter Commission, the City Council may enact a Charter amendment by ordinance. Section 4.1.1 of the Charter reads "On the first Tuesday after the second Monday in September in advance of the regular municipal election there shall be a primary election for the selection of two nominees for each elective office at the regulaz municipal election, unless two nominees or fewer file for each elective office." He noted with the new bill that the Primary election is in August; therefore, the Charter needs to be amended. He suggested an ordinance be drafted for Council that would repeal 4.1.1 in its entirety and that the text be replaced with the following:, "Primary elections shall be held on the same date as prescribed by the Minnesota Statute, which establishes the statewide primary election date. The primary election shall be for the selection of two nominees for each elective office at the regular municipal election, unless two nominees or fewer file for each elective office." Motion by Commissioner Niska and seconded by Commissioner Frederick to approve the language as laid out by the City Attorney and to bring an ordinance to amend the Charter to the City Council to be passed by a unanimous vote. Motion carried. Voting Yes: All Present. Absent: Commissioner Sherman. Charter Commission -March 29, 2010 Page S of 9