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Mounds View City Council September 27, 2004 Regular Meeting Page 7 knows within 10 days that there is a petition out there, and obviously the public gets the 1 information directly and quickly. He stated that this proposal changes all of that. He stated that 2 Section 504, Disposition of an Insufficient or Irregular Petition, it states that the Clerk 3 Administrator determines the sufficiency. If he determines that it cannot be declared, it shall be 4 determined to be insufficient or irregular, and that the committee now has 30 calendar days to 5 correct that. If they bring it back to the Clerk Administrator, he now has five additional days. He 6 stated that there is now 45 days involved here before it’s ever presented to the Council, and that’s 7 not soon enough. He stated that as the Charter states, with good reason and cause, immediately 8 upon receipt and determination of sufficiency, within 10 days the Council is notified, and that is 9 not the case here. He stated it is wiped out under this proposal. 10 11 Mayor Linke stated that in Section 503 it says within 10 working days of receipt of petition the 12 Clerk Administrator shall determine its sufficiency. 13 14 Mr. McCarty stated that’s determination of petition under the new language. He stated that under 15 the new language determination of petition sufficiency, that ten-day period comes into play. 16 However, if you go down to 504, Disposition of Insufficient or Irregular Petition, now they get 17 into the 30 and the additional five days in the corrective process. He stated that nowhere in the 18 new proposal does it say that within ten days of receipt of the petition, regardless of sufficiency, 19 the Clerk Administrator is duty bound to present it to the Council that this is afoot. He stated 20 that that is wiped out under the new proposal. 21 22 Mayor Linke stated that in the last sentence in 503, it says that upon receipt of the report, the 23 Council shall immediately declare the sufficiency of it. 24 25 Mr. McCarty stated that that was correct, but when do they receive the report, and he directed 26 them to 504. 27 28 Mr. McCarty stated that proposed Charter amendments must be submitted 12 weeks or 84 days 29 before the general election, and that this information had been presented to them on August 23rd, 30 which was 81 days before the next election, so it didn’t make the 84-day cut. 31 32 Mr. McCarty stated that in 410, Section 12, Subdivision 7, it says that as far as practicable, the 33 requirements of Subdivisions 1 through 3 apply to petitions submitted under this section to an 34 ordinance amending the Charter and the filing, so he really questions whether they’ve made the 35 cut in any case. 36 37 Mayor Linke stated it was his understanding it does not need to go to the voters if it’s approved 38 by 100 percent of the Council. 39 40 Mr. McCarty stated that it doesn’t, and this is where the judgment call comes in. He stated he 41 thought the Charter is too important not to involve them. 42 43 Mr. McCarty stated that Chapter 5 is a total rewrite, and that it has not complied with the 44 recommendations under state law. He stated that you take the old language, and you strike out 45