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In Section 11.04 the commissioners noted that a legal question is posed whether a vote is required <br /> • before the sale of a municipal utility. If an election is not required by state law to approve the sale <br /> of an utility, the commission will further discuss the use of this requirement. <br /> The oath of office stated in 12.02 (to be renumbered to 12.03) needs to be compared for <br /> consistency with that actually in current use by the city. <br /> V. Set Aside Issues <br /> The following issues were set aside by the commission during the previous year's discussions of <br /> the Charter because no consensus could be reached on their inclusion in the Charter. These issues <br /> had been discussed and debated and therefore the commission decided only very limited <br /> discussion was appropriate at this time before a vote of the commissioners would be called. <br /> A. Term Limits <br /> Motion by Russ Warren, seconded by Dave Long, to vote as a commission on whether the <br /> commission should further consider the inclusion of term limits in the Charter. A brief review of <br /> the potential conflict with the Minnesota Constitution was presented from an attorney's letter <br /> previously circulated to the commission. It was noted that the State Constitution might be <br /> amended in this regard because of the popularity of the issue. <br /> A roll call vote was requested and the following votes were cast: Virgil Beyer-yes; Len <br /> Burgers-yes; Jerry Linke-no;Dave Long-yes; Duane McCarty-yes; Richard Oman-yes; Laurie <br /> Schley-no; Bob Toborg-no; Julie Trude-no; Russ Warren-yes; Arlene Werdien-yes; Bill <br /> Werner-no; Ruth White-yes. The motion passed with 8 ayes and 5 nays. <br /> B. Mayor's Term <br /> Duane McCarty moved, Virgil Beyer seconded, to maintain the current two-year mayor's <br /> term in the Charter. Votes: Yes-9;No-4. Motion passes. <br /> C. Primary Elections <br /> Duane McCarty moved, Laurie Schley seconded, to add primary elections to the Charter. <br /> Votes: Yes-8; No-5. Motion passes. <br /> D. Burden of Proof on petitioners or city <br /> Duane McCarty moved, Laurie Schley seconded, to include the proposed Section 5.04, <br /> subd. 2 language in the Charter. A roll call vote was requested and the following votes were cast: <br /> Virgil Beyer-yes; Len Burgers- no; Jerry Linke-no; Dave Long-yes; Duane McCarty-yes; Richard <br />• Oman-yes; Laurie Schley-absent for vote; Bob Toborg-no; Julie Trude-yes; Russ Warren-yes; <br /> -2- <br />