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of a conditional use permit request. She stated that this would allow the Charter Commission as <br />much time for discussion as the Members required. Mayor Coughlin stated that the matter was on <br />the Council Agenda at that time, and added that if the Council was perceived as not listening, they <br />could be thrown out of office. <br />MOTION/SECOND: Quick/Coughlin: To Call Off the Debate and Call for a Vote. <br />Ayes - 3 Nays - 1 (Stigney) Motion carried. <br />MOTION/SECOND: Stigney/Coughlin: To Extend the Time Allotted to Any and All Persons <br />Present to an Additional Three to Five Minutes for Their Comments. <br />Ayes - 1 Nays - 3 (Coughlin, Quick, Thomason) Motion failed. <br />Julie Olson, Chair of the Charter Commission, asked that she been faxed a letter written by City <br />Attorney Long, in regard to some potential alternatives as suggestions. She stated that City Attorney <br />Long did not know where the previously copied Charters originated. She stated that in reviewing <br />the documentation on behalf of the Charter Commission and the citizens, it was very clear that the <br />copies came from the City. She stated that this letter also contained an attachment, which was <br />forwarded to the attorney from the League of Minnesota Cities. She stated that prior to the matter <br />going to the citizens, the alternatives were clearly stated that if they chose to bring the matter to a <br />ballot, and it was passed, the end result would be that it would become part of the Charter. She <br />stated that the City Administration, the City Attorney or City Council does not have the right to state <br />that the provision does not have the right to be in the Charter. She stated that is the right of the <br />citizens. She stated the neither City staff or City Council can make a codicil to the Charter. She <br />stated they can request that happen, and put a recommendation to the Charter Commission, but they <br />can not do that themselves, or omit the term limit provision from being in the Charter. She stated <br />that the matter has gone to higher courts in other cities in other states, and has gone through the <br />House and Senate of Minnesota. She stated that it was passed at the House, which determined that <br />term limits were acceptable. She stated that the matter was going to the next level because it had <br />been passed for three of the four cities that requested it. <br />Planning Commissioner Laube stated that he was a member of the Mounds View Charter <br />Commission, and that there were several concerns which required clarification. He stated that the <br />United States Constitution has to be ratified by the State and the courts, and does not allow the <br />Congress to admit any codicils. He stated that the citizens of Mounds View ratified this Charter, and <br />asked what right the City had to add anything to it. He stated that he was not doubting City Attorney <br />Longs abilities, but explained that he is the City's Attorney. He stated that the Charter provided <br />monies for the purpose of retaining their own legal counsel, and that he felt the City Council should <br />allot them money so that they can retain a charter attorney to advise them in this matter. He added <br />that he believed term limits would be approved by the State of Minnesota in the future, and therefore <br />felt that if the Charter Commission chose to leave this provision in the Charter, it was their right and <br />the citizen's right to approve it. He stated that it was not the right of the City Council, adding that <br />• the Council is elected by the citizens in the same manner they approved the term limit provision. <br />He stated that the Council can request the Charter Commission to act, but they cannot demand it. <br />Mayor Coughlin stated that this is why the matter is before the Council as a review. <br />17N:\DATA\US ERSUOANB\sHARE\MINUTES\CC\ 1999\07-26-99.MIN <br />