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“DRAFT” <br /> <br /> <br />SJR-268835v1 <br />MU205-30 <br />3 <br />After the initial Council findings, the petition was resubmitted on September 26, 2005, under <br />the following Charter provision: <br /> <br />Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council <br />determines that the petition is insufficient or irregular, the Clerk-Administrator shall <br />deliver a copy of the petition, together with a written statement of its defects, to the <br />sponsoring committee. The committee shall have thirty days in which to file <br />additional signature papers and/or to correct the petition in all other particulars, <br />except that, in the case of a petition for recall, the committee may not change the <br />statement of the grounds on which the recall is sought. Within five days of receipt of <br />the corrected petition, the Clerk-Administrator shall again report to the Council. If the <br />Council finds that the petition is still insufficient or irregular, the Clerk-Administrator <br />shall file the petition and notify the sponsoring committee. The final finding that the <br />petition is insufficient or irregular shall not prejudice the filing of a new petition for the <br />same purpose, nor shall it prevent the Council from referring the subject matter of <br />the petition to the voters at the next regular or special election. <br /> <br />In accordance with the Mounds View City Charter, additional signatures were submitted on <br />September 26, 2005, regarding the petition for a referendum in the amount of 41 signatures, <br />bringing the total number of signatures submitted regarding the petition for a referendum to a <br />total of 997 signatures. Therefore, the petition initially submitted on August 15, 2005, and <br />supplemented on September 26, 2005, requesting a vote as to the adoption of Ordinance <br />No. 760, does include the requisite number of signatures required pursuant to the Mounds <br />View City Charter. <br /> <br />However, based upon the an opinion from the City Attorney (dated august 11, 2005), <br />attached as Exhibit A, it is recommended that the City Council find that the question posed in <br />such referendum petition manifestly invalid and that the question posed in the referendum <br />petition not be placed on the ballot of a future City special election. Upon Council action, the <br />City will inform the petitioners of the findings of the City Council in regard to the referendum <br />petition. <br /> <br /> <br /> <br />Recommendation: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />