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MU210\4\977140.v1-9/19/24 <br /> Fifth Street Towers <br />150 South Fifth Street, Suite 700 <br />Minneapolis, MN 55402 <br /> (612) 337-9300 telephone <br />(612) 337-9310 fax <br />http://www.kennedy-graven.com <br />Affirmative Action, Equal Opportunity Employer <br /> <br />MEMORANDUM <br /> <br />DATE: September 19, 2024 <br /> <br />TO: Mounds View City Council <br /> Nyle Zikmund, City Administrator <br /> <br />FROM: Joseph L. Sathe, Assistant City Attorney <br /> <br />RE: Charter Amendment – Vacancies <br /> Second Reading and Consideration of Ordinance No. 1018 <br /> <br /> <br />BACKGROUND <br />On September 3, 2024, the City Council held the public hearing and first reading of a proposed <br />amendment to the City Charter allowing the City Council to make appointments from a specified <br />list to fill councilmember and mayoral vacancies. <br />The purpose of this memo is to provide a legal review of the amendment and provide feedback. I <br />have provided a high-level overview of six issues that I believe could be improved, need additional <br />clarity, or should be revised. <br />I do not recommend approving the amendment as written. Since the Council cannot change the <br />language in the ordinance once presented by Council, I recommend voting against approval so <br />revisions can be made by the Charter Commission. <br />I have also provided potential alternative language of the amendment that reflects some of the <br />items below and which the Charter Commission could use to propose an amendment by ordinance. <br />The enclosed has not been reviewed by the Charter Commission. <br />1) Process Direction – City Administrator Role <br />The appointment process is well described in the amendment. I suggest being more specific about <br />the process and explicitly include that the City Administrator is to reach out to the list of potential <br />appointees and present the first person who is willing to serve on the Council and qualifies.