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