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{ SEP 07 '94 16:11 HOLMES & GRAVEN P.2 <br /> 110LMES &GRAVEN <br /> CHARED <br /> Attorusy6 Al Lao <br /> 470 Millbury Center,Minneapolis,M(nno is 555,602 <br /> RO111rR1 A.ALSO? (612)331-9306 RoURT C,LONG <br /> RONALD H.BA TY LAURA LC.MOUE'? <br /> Sl#4ALDi J.8[iYVL Falls(612)337.9310 SARBANA L.POY1woOD <br /> JAMS M.Staohslaw <br /> Jo1ne R.DEM JAMMI 3.TROMsoN.u. <br /> MARY G.D09{!N9 LIMY M.viina um <br /> Smouts N GAMY <br /> COSMIC A.BMW BaNNI8 L.W1L1i3Ns <br /> WRITER'S DIRECT DIAL GARY P.Wiring <br /> IQ=S.Howls <br /> DAM J.KDYDAvm L.GRAVEN(1�-1991) <br /> JOHN H.LARSON 337-9203 <br /> Ronal C.CARLSON�C..UMW; Row=LDAwbsoN <br /> JoHN LEPSVES,JR. T.JAY SALMHNROf1J.LIKIALL <br /> MORSEL <br /> September 7, 1994 <br /> Mayor Jerry Linke and <br /> 'City Councilmembers <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, MN 55112-1498 <br /> RE: Proposed Charter Amendment Re Term Limits <br /> Dear Mayor Linke and Councilmembers: <br /> It is my understanding the Mounds View Charter Commission has proposed an <br /> amendment to the city charter to read as follows: <br /> Notwithstanding any other provision of law to the contrary, no person <br /> may file to be a candidate for election to a term that would cause the <br /> person to serve more than eight total'years in the office of Mayor or <br /> eight total years in the office of City Council. <br /> { You have inquired as to what the City Council's role is in the proposed charter <br /> amendment. <br /> Minnesota Statutes, Section 410.12 allows the Charter Commission to propose. <br /> amendments to the charter. Any such amendments shall be submitted at the next <br /> general election occurring within six months after delivery to the City Council of the <br /> draft amendment. The form of the ballot must be fixed by the City Council. In a <br /> typical situation, the City Council's sole role regarding a proposed amendment <br /> submitted by the Charter Commission is to fix the form of the ballot. (There is <br /> another procedure for amending the charter under which the City Council would <br /> propose an amendment by ordinance, but that option does not apply in this situation <br /> because the Charter Commission has chosen to propose the amendment itself.) <br /> The second question that has been asked is whether the city should place the matter <br /> on the ballot in light of a 1981 attorney general's opinion that a charter provision <br /> imposing a limitation on consecutive terms would not be valid. In addition, In an <br /> • <br /> opinion dated June 28, 1994, the attorney for the Mounds View Charter Commission <br /> concluded that he could find no authority for a charter amendment creating term <br /> limits. <br /> .1.7027 5658 <br /> $U125-31 <br />