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DOCSOPEN\MU210\4\902996.v2-9/19/23 Kennedy Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis MN 55402-1299 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D MEMORANDUM DATE: September 19, 2023 TO: Chair Russell Warren and Charter Commission Members FROM: Joseph L. Sathe, Legal Counsel RE: Petition to Amend City Charter This memorandum provides information on the responsibilities of the Mounds View Charter Commission in handling a citizen petition that was submitted on September 7, 2023 (the “Petition”) to amend the City Charter under Minnesota Statutes, section 410.12. The Petition is included as part of Exhibit A. The two sections of Minn. Stat. 410.12 that convey the Commission’s responsibilities are as follows: “The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city.”1 “All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is property attested and whether the petition is signed by a sufficient number of voters.” 2 Therefore, the Charter Commission’s responsibility is to propose the charter amendment detailed in the Petition and transmit the Petition to the City Council. Number of Signatures Required 5048 votes were cast in Mounds View in 2022, which was the last general election in the City. Five percent of 5048 is 252.4, meaning that 253 signatures are needed to submit a petition to amend the Charter. It appears as though 279 of the Petition lines have a signature and therefore the Charter Commission must transmit the Petition to the City Council. Exhibit B is an unofficial version of the Petition with line numbers. Resolution and Recommendation The resolution that is attached as Exhibit A acknowledges that the Charter Commission has counted the number of signatures on the Petition and is proposing that the Charter be amended pursuant to the Petition. This action does not confirm the signatures are valid and is simply sending the Petition to the City Clerk and the City Council in accordance with the statutory process. The Commission could choose to forgo the resolution and transmit the Petition by motion only. 1 Minnesota Statutes, section 410.12, subdivision 1. 2 Minnesota Statutes, section 410.12, subdivision 3. Offices in Minneapolis Saint Paul St. Cloud &