Laserfiche WebLink
UNAPPROVED <br /> 1 Mounds View City Council Page Eight <br /> 2 Regular Meeting September 12, 1994 <br /> 3 <br /> 4 <br /> 5 questioned whether it was legal or not and stated that she would <br /> 6 vote on it because of the potential lawsuits. <br /> 7 <br /> 8 Richard Oman stated that cities within several states have term <br /> 9 limits. Oman stated that there are a lot of other cities in this <br /> 10 State dealing with this issue. Oman stated that undoubtedly there <br /> 11 will be a judgement by the Supreme Court regarding its legality. <br /> 12 <br /> 13 Mayor Linke stated that our state constitution does not allow this <br /> 14 according to many lawyers he has spoken to. <br /> 15 <br /> 16 Oman stated that there is no case law in this state regarding term <br /> 17 limits, therefore, its unconstitutionality has not been answered by <br /> 18 a Court of Law. <br /> 19 <br /> 20 Councilmember Blanchard asked what liability does the Council have <br /> 21 if they choose to put something illegal on the ballot, if it is <br /> 22 illegal. <br /> 23 <br /> 24 Jim Thomson, City Attorney, stated that the Council's duties are set <br /> 25 by the statute and one is to fix the form of the ballot and, <br /> 26 therefore, he does not see any individual liability. <br /> 27 <br /> 28 Duane McCarty, 8060 Long Lake Road, a member of the Charter <br /> 29 Commission and author of the motion before the Council in <br /> 30 conjunction and cooperation with the Chair of the Charter Commission <br /> 31 and members of the Charter Commission stated that he is concerned <br /> 32 that the City not become fear mongers in presenting their position. <br /> 33 McCarty stated it is not unconstitutional at this time. The <br /> 34 question of term limits has not been declared unconstitutional in <br /> 35 the State of Minnesota at this time. McCarty stated that it is <br /> 36 doubtful if Mound View will end up in a constitutional battle over <br /> 37 this question considering Minneapolis' decision on constitutionality <br /> 38 will be a equal application across the state in its final <br /> 39 determination. It will apply to Mounds View in the final decision <br /> 40 on that issue. McCarty presented the background of the direction <br /> 41 that the Charter Commission is coming from in presenting this issue. <br /> 42 People are asking from some relief from unresponsive government. <br /> 43 This issue belongs in the hands of the voters in Mounds View. <br /> 44 <br /> 45 Bill Frits, 8072 Long Lake Road, stated that he has never seen so <br /> 46 much bad happen as it has happened in the last four years. The City <br /> 47 has spent $40, 000 of the taxpayer's money on surveys to find out <br /> 48 what the people in Mounds View want. Frits reminded the Council <br /> 49 that they are not to vote their mind, but to represent the people <br /> 50 and now there is a chance to let the people do the talking. <br /> 51 <br /> 52 Councilmember Trude asked if it is a legal action for the Council to <br /> 53 put something illegal on the ballot. <br /> 54 <br />