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CM OF 11liDS Phone: (612)717-4000 . Fax:Fax: (612)784-3462 A o�'ress PartnerS- t‘" August 12, 1999 Ms. Julie Ann Olson, Chair Mounds View Charter Commission 2663 Lake Court Circle Mounds View, MN 55112 Re: Request from the City Council for Review of Charter Provisions Dear Julie: At its July 26 City Council meeting,the Mounds View City Council discussed various charter provisions and directed me to draft this request for review of particular City Charter provisions. These provisions in the view of the City's counsel may be either unconstitutional or inconsistent within the charter or city codes. Suggested considerations are included. The Council would appreciate the Charter Commission's review and opinion of the following Charter provisions: • Charter Section 3.01 as to "council meetings" should be modified to strike out language which references calling special meetings upon at least 24 hours notice to each member. Thus, the second sentence of Section 3.01 should be revised to read as follows "The Mayor or any two members of the Council may call special meetings of the Council upon such reasonable public notice as may be prescribed by council rule in compliance with the laws of Minnesota." • The amendments adopted to Charter Section 4.02 as to "filing for office"which were adopted at the election held on November 8, 1994, should be removed from the charter, as such provision have been deemed unconstitutional by Minnesota Courts. Case law in Minnesota has held that charter amendments as to term limits for elected office are unconstitutional. Minnesota Term Limits Coalition v. Keefe, 535 N.W. 2d 306 (Minn. 1995). The adoption of subdivision 2 of Section 4.02 for the charter would appear to fall squarely within this holding. Thus, whether or not the new provision of the subdivision 2 are contained or printed in the charter, the amendment could not be implemented because it has been ruled unconstitutional. Removal of these provisions from the charter would appear to be the preferable course of action to avoid the possibility that a citizen of the city could be misled by including it or that a citizen of the city could force removal of the unconstitutional provision by judicial action should the provision be continued to be printed in the newly updated charter and city code. I have included city attorney Long's letter dated July 26, 1999, regarding this matter for your further reference. r PRINTED WITH 2401 Highway 10• Mounds View, MN 55112-1499 s.« it SOYINK TM recycled paper Equal Opportunity Employer