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HomeMy WebLinkAbout03-10-2005 Mounds View Charter Commission March 10,2005 . Mounds View Charter Commission Minutes Meeting March 10, 2005 1. Call to order -The meeting came to order at 7:00 PM 2. Roll Call—Present- B. Amundsen, B. Doty, M. Eenigenburg (arrived 7:29 PM), J. Miller, B. Mori, B. Thomas, William Werner, Sr Absent— Excused - J. Thomas 3. Approval of agenda and minutes Motion by B. Mori, second by J. Miller to approve agenda as amended with additional items for B. Thomas to report on materials related to Section 8.04 and "New Business"discussion of Section 7.10 objectives. UNANIMOUSLY APPROVED Motion by J. Miller, second by W. Werner, Sr., to approve minutes of February 10, 2005 as amended correcting 5.b to replace"$5"with "$20" and spelling of"Charter" in item 7.e. APPROVED, 1 abstention 4. Citizens comments from the floor None 110 5. Reports of the Chair None 6. Reports of members Barbara Thomas—She has gathered materials regarding Section 8.04 and special assessments. There is a number of articles and MN Statute references on special assessments and how to determine the benefits. She offered to gather this information for the Commission and have it distributed for review at the next meeting. Bill Doty—He expressed his wish to see Section 8.04 discussed because it was a key reason he originally worked on the Charter petition. He also expressed his opinion that former Council and legal counsel have circumventing or re-interpreting the Charter in this subject matter. 7. Unfinished Business a. Review Resolution 2005-03 Re: City Filing Fee -B. Amundsen presented resolution language and MN Statute 205.13, 204B.11, 204B.07 and 204B.13 for review. Discussion of resolution language resulted in consensus to replace in paragraph two the phrase"it is in unanimous agreement with." with "where there is unanimous agreement.", replace in Objectives 1) "filing candidacy for city office"with "candidates filing for city offices", and delete in Objectives 2) "for city office", in Section 4.02 s ud. 1 correct spellina of"Statute", insert"by filing" and delete "file", delete comma after "petition", delete entire last sentence. Motion by B. Thomas, second by W. Werner, Sr to approve Resolution 2005-03 as amended. UNANIMOUSLY APPROVED 4110 Page 1 of 2 Mounds View Charter Commission March 10,2005 • b. Review Resolution 2005-04 for submission of Chapter 5 changes - Discussion of members recommended clarification as follows: 1. In Section 5.03 -correct the spelling of"Administrator" and insert"Council" between"scheduled"and"meeting". 2. In Section 5.05 - insert before"Upon filing a statement of disapproval,...""If an amendment is suggested by the Council and the sponsoring committee does not disapprove,then the Council will within 30 days adopt the ordinance as amended." From further discussion the members requested a flow chart of events in this section for review at the next Commission meeting in order to assess if flow is complete. 3. In Section 5.08—change "City may request a"with "City may request by petition a" on the first line and delete"by petition"on line two. 4. Members also requested both a marked up and clean copy of Chapter 5 for the next meeting. c. Review and discuss members expectations for Section 7.10—Members expressed their perspectives that the current language is very confusing and vague. Consensus was the language should be more specific of which obligation bonds will require or not require an electoral ballot. Bill Mori offered to gather model language from the League of Cities for Commission members review at the next meeting 8. New Business Set next month and future agenda items. a. Review Section 8.04 b. Review Resolution 2005-04 for Chapter 5 c. Review Section 7.10 and materials related to special assessments 9. Adjournment Meeting adjourned at 8:30 PM Respectfully submitted, Brian Amundsen, Secretary ed i • Page 2 of 2 Section 5.01. Powers Reserved by the Pcoplc General Voter Authority. The people of Mounds View reserve to themselves serves have the powers right, in accordance with provisions of • . -. .iii i i . I • .i i i• -. i. i i. Council to this Charter, to propose ordinances [initiative] and to require that any ordinance be referred to the electorate for approval or disapproval, and to recall voters [referendum, except those that appropriate money or levy taxes. The voters also have the right to remove elected public officials. Thcsc powers shall be called the initiative, thc rcfcrendur and the recall, respectively [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents of the City of Mounds View who first register, or who have registered and are qualified to vote. Per Minnesota Statute 200.039 (as amended), eligibility to sign the petition is not restricted to only those who were eligible to or did cast ballots in the previous election. Section 5.02. General Provisions for Petitions. ATo circulate a petition provided for under this chapter shall, it must be sponsored by a committee of five registered or more voters of the City whose names and addresses shall appear on the petition. A petition may consists of one or more papers, butpages with each separately circulated paper shall contain page containing at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. :-" ":" City and shall sign their name and give their street address The committee may obtain a sample petition from the city Clerk-Administrator. All petition circulators must be voters of the City. Each separate page of the petition shailmust have appended to it a certificate by the circulator, verified by oath,-. The certificate shall affirm that each signaturethere`o was made in their the circulator's presence and that the circulator believes them to be the genuine signature of the person voter whose name it purports to be. The person�� making the certificate shall be a resident and that each signer was presented with the full petition. Each signer of a petition must be a voter • of the City and registered to vote must sign and print their name and give their street address. Any person voter whose name appears on a petition may withdraw their name by filing a statement in writing-fi ed with the Clerk-Administrator before said the Clerk-Administrator advises the Council of the sufficiency of the petition. Section 5.03. Determination of Petition Sufficiency. The committee shall must file the completed petition in the office of the Clerk-Administrator. The Clerk-Administrator shall provide the number of total ballots cast for President in the most recent Presidential election. For a petition to be sufficient, the required number of signers signatures shall be at least fifteen percent - . - - - -:. --, ; -6 : - -; a percentage of that number. • Petitions for Initiative and Referendum require at least 15 percent. • Petitions for Recall, at least 25 percent. twenty-five percent of the total number of electors Within 10 working days of receipt of the petition, the Clerk-Administrator shall as to determine its sufficiency. Upon final determination of sufficiency, the Clerk-Administer shall report the date of the determination and its sufficiency and report to the Council within ten days. to the Council at or before the next regularly scheduled meeting. Upon receipt of the report, the Council shall determine by resolution immediately declare the sufficiency of the petition by resolution including the reported date of determination of sufficiency. Section 5.04. Disposition of Insufficient or Irregular Petition. If the CouncitClerk- Administrator determines that the sufficiency of a petition is cannot be declared, it shall be determined to be insufficient or irregular. The Clerk-Administrator shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee and to the • City Council. The committee shall have thirty-30 calender days in which to file additional signature papers and/or to correct the petition in all other particulars, except that, in thc case of a petition for recall, the committee may not change the statement of the grounds on which the recall is sought. Within fivespecified irregularity. Within five working days of receipt of the corrected petition, the Clerk-Administrator shall ; -6_ `_ - "4" C'; r;—:" 4":4 determine the . sufficiency of the petition as corrected and proceed as directed in Section 5.03. If the petition is still insufficient or irregular, this shall be considered the Final Finding and the Clerk-Administrator shall file the petition as noted and immediately notify the sponsoring committee that no further action will be taken. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose. Except in the case of a petition for recall, nor it shall it not prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. Section 5.05. Initiative. Any ordinance may be proposed by a petition which shall state at :: : : ::: - : : - - -: - a . The exact text of the proposed ordinance must be stated at the head of each page of the petition. +f-tThe Council passes must act upon the proposed ordinance with amendments, and a within 60 calendar days after final determination of the petition's sufficiency under the provisions of Section 5.03 of this chapter. The Council may amend the proposed ordinance and must provide such amendments to the petition committee. A majority of the sponsoring committee do notof the petition may disapprove the amended form by filing a statementfitted with the Clerk—Administrator within ten14 calendar days of its passage by the receipt of the amended ordinance. If the sponsoring committee does not file disapproval, the ordinance meed-is not required to be submitted to the voters. If the Council fails for enactment. Upon filing a statement of disapproval, the proposed ordinance, as stated on the original petition, must be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election is to occur within 120 days after thc filing of thc petition within 120 calendar days of the determination of sufficiency or if the calendar date III prohibits compliance with provisions in Chapter 4 of this Charter, at or before its next regularly scheduled meeting, the Council shall call a special election on the ordinance to be held within such period. If a majority of those voting on the ordinance to take place within 90 calendar days of said meeting. If the ordinance receives a majority vote in its favor, it shall become effective tt30 calendar days after adoption unless the ordinance specifies a later effective date. (Amended, Ord. 650, 8-16-2000) Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the electors voters to propose amendments to this charter. Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be subjected to a referendum by a petition which shall state at the head of each page, or attached thereto-,the exact text of the measure to be considered by the electorate-voters. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be prevented from going into operation enactment, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election is to occur within 120 days after the filing of the petition within 120 calendar days of the determination of sufficiency or if the calendar date •rohibits compliance with .rovisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a special election to 6- -- a- 'Oa, -- 6- . -;- :-- - :. . 46 _- sufficienttake place within 90 calendar days of said meeting. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority of the - : - •: .-6 - - -6 - votes against the ordinance contained in the petition, it shall be considered • repealed upon certification of the election results. (Amended, Ord. 651, 8-16-2000) Section 5.08. Recall. Consideration by t The clectoratc-voters of the City may request a recall vote of any elected officer official of the City may be initiated by petition. The petition shall state at • the head of each page, or attached thereto, g the name of the officer official whose removal is sought, the grounds for recall, which shall be constituting malfeasance; or misfeasance or nonf�,a.,a1i�i� office, in not more than 250 words, and the intention of the sponsoring committee to bring about the officer's official's recall. Such The petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition or amended cndcd petition is found determined sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall transmit submit it to the Council without delay, and as required. The Clerk-Administrator shall also officially notify the person official sought to be recalled of the sufficiency of the petition and of the pending action. The within five working days. Within five working days of notification, the official may provide an answer stating the justification of their course of action in not more than 500 words. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall at its next meeting, by - - - -- -- - - -: •-- - immediately calla special election to take place within 90 calendar days of said meeting. The Clerk-Administrator shall include with the published notice of the election the statement of the grounds for the recall and; also in not more than 500 words, the answer of the officer official concerned in justification of their or a statement stating no answer was received. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. • • City of CHARTER COMMISSION MEETING Mounds 7:00 PM Thursday, Mar 10, 2005 diVie Mounds View City Hall Council Chambers Preliminary AGENDA Charter Commission 1. Call to Order Chair Jonathan J Thomas 763-784-5205 2. Roll Call Vice Chair Bill Doty _ Jonathan J Thomas _ Matthew Eenigenburg 763-786-3421 _ Bill Doty _ William Mori _ Jean Miller _ Barbara Thomas 2"d Vice Chair Brian Amundsen William Werner, Sr Jean Miller 763-786-3959 Secretary 3. Approval of agenda and minutes Brian Amundsen 763-786-5699 Review and approve agenda Matthew Eenigenburg Approval of Feb 10, 2004 Minutes 763-783-7216 4. Citizens comments from the floor Liam Mori -784-3645 5. Reports of the Chair Barbara Thomas 763-780-6226 6. Reports of members William Werner Sr 763-784-3603 7. Unfinished Business 15 min Review Resolution 2005-03 Re: City Filing Fee 25 min Review Resolution 2005-04 for submission of Chapter 5 changes 8. New Business 15 min Discuss next month's and future agenda items. 9. Adjournment S Resolution No. 2005-03 4City of Mounds View Charter Commission Mounds Dated March 10,2005 View Whereas,the Mounds View Charter Commission is reviewing the lists of past request ' for housekeeping and clarification updates to sections of the Mounds View Charter that have caused confusion or seem to be semantically incorrect. Charter Commission The Mounds View Charter Commission acting under Minnesota Statute 410.12 Chair Subdivision 7, recommends the following amendments by the addition of the bold Jonathan J Thomas and double underline language and by deletion of the language. 763-784-5205 The Mounds View Charter Commission request the City Council adopt by ordinance Vice Chair those items it is in unanimous agreement with. We also request a response within 60 Bill Doty days with recommendations for modifications to any item that the City Council deems 763-786-3421 not acceptable as presented. 2nd Vice Chair Charter Commission Objective(s): Jean Miller 1) Clarification of the filing fee required for filing candidacy for city office to be 763-786-3959 explicitly stated in Charter as required by MN Statute 205.13. Secretary 2) Setting filing fee at$20 for city office to be consistent with City of Mounds Brian Amundsen View Ordinance. 763-786-5699 3) Clarification for use of"Petition in place of fees", as explicitly stated in MN Stature 205.13, Subd. 4. Matthew Eenigenburg 763-783-7216 Section 4.02 Filing for Office William Mori 763-784-3645 Subdivision 1. Pursuant to Minnesota Stature 205.13, as amended, no earlier than seventy days nor later than fifty-six days before any municipal election, any resident of Barbara Thomas the City qualified under state law for elective office may, by filing an affidavit and by 763-780-6226 paying a filing fee of$20 or file a petition, in compliance with MN Statute 205.13, William Werner Sr Subd. 4,as amended, to the Clerk-Administrator in the of the ordinance 763-784-3603 have their name placed on the municipal election ballot. Amendments to Minnesota Statute 205.13 shall take precedence over this subdivision. Respectfully submitted, Jonathan J. Thomas, Chair Brian Amundsen, Secretary City of Draft Proposal Resolution No. 2005-04 Mounds Mounds View Charter Commission • View Dated Mar 10, 2005 Whereas, the Mounds View Charter Commission is reviewing the lists of past requests for housekeeping and clarification updates to sections of the Mounds View Charter that have Charter Commission caused confusion or seem to be semantically incorrect. Chair The Mounds View Charter Commission acting under Minnesota Statute 410.12 Jonathan J Thomas Subdivision 7, recommends the following amendments to the Mounds Charter Chapter 5, 763-784-5205 which is being attached both as plain text final language and as markup text by the addition of the bold and double underlined language and by the deletion of the bald-and Vice Chair stricken language. The Mounds View Charter Commission requests the City Council Biu Doty adopt by this set of changes by ordinance or respond within 60 days with 763-786-3421 recommendations for modifications to any item that the City Council deems not acceptable 2"d Vice Chair as presented. Jean Miller 763-786-3959 Objectives: This is an update of Resolution 2003-05 with the Charter Commissions responses to requests made by the City Council and worked on in cooperation with the City Secretary Attorney. Brian Amundsen 763-786-5699 The Chapter 5 amendments being recommended for consideration are attached with this resolution along with a copy of proposed final language for ease of readability. Matthew Eenigenburg 763-783-7216 Mor,iam 784-3645 Barbara Thomas 763-780-6226 William Werner Sr Respectfully submitted, 763-784-3603 Jonathan J Thomas, Chair Brian Amundsen, Secretary Section 5.01. -6`• - - . - . -: : . - - m-66 - General Voter Authority. The people of • Mounds View reserve to themselves have the powers right, in accordance with the provisions of - -; - I .--; - - -: :::: : 6. . : . . - .. Council to this Charter to •ro•ose ordinances initiative and to resuire that an ordinance be referred to the - - - a ; - : a :.- : :: : ,; , ; -: : - -; voters [referendum], except those that a••ro•riate mone or ley taxes. The voters also have the ri.ht to remove elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectivery recall'. The term voter(s), as used in Chapter 5 shall refer onl to residents of the Cit of Mounds View who first resister or who have re•istered and are sualified to vote. Per Minnesota Statute 200.039 as amended), eligibility to sun the petition is not restricted to onl those who were elisible to or did cast ballots in the srevious election. Section 5.02. Petitions. ATo circulate a petition provided for under this chapter shall, it must be sponsored by a committee of five registered-or more voters of the City whose names and addresses shall appear on the petition. A petition may consists of one or more papers, butpages with each separately circulated paper shall contain page containing at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. : - -•, - - - - ..•• - - - - The committee may obtain a sample petition from the city Clerk-Administrator. All petition circulators must be voters of the City. Each separate page of the petition shallmust have appended to it a certificate by the circulator, verified by oath,-. The certificate shall affirm that each signature was made in their-the circulator's presence and that the circulator believes them to be the genuine signature of the • person-voter whose name it purports to be. - _ :_ : and that each sinner was •resented with the full •etition. Each si•ner of a setition must be a voter of the City and must sun and •rint their name and sive their street address. Any person voter whose name appears on a petition may withdraw their name by filing a statement in writing-filed with the Clerk-Administrator before said the Clerk-Administrator advises the Council of the sufficiency of the petition. Section 5.03. Determination of Petition Sufficiency. The committee shall must file the completed petition in the office of the Clerk-Administrator. The Clerk-Administrator shall provide the number of total ballots cast for President in the most recent Presidential election. For a petition to be sufficient, the required number of signers signatures shall be - _ - : - - - -: • --, _ - : : - -; a percentage of that number. • Petitions for Initiative and Referendum require at least 15 percent. • Petitions for Recall, at least 25 percent. -•• - - •- ', - : - - - - : - - - . -- :- . - - - : - Within 10 working days of receipt of the petition, the Clerk-Administrator shall as to determine its sufficienc . Uson final determination of sufficienc the Clerk-Administer shall report the date of the determination and its sufficiency : - . -:: Upanreceiving-to the Council at or before the next resularl scheduled meetin•. U•on recei•t of the report, the Council shall determine by resolution immediately declare the sufficiency of the petition b resolution includin• the resorted date of determination of sufficienc . Section 5.04. Disposition of Insufficient or Irregular Petition. If the CouncilClerk- Administrator determines that the sufficiency of a petition is cannot be declared, it shall be determined to be insufficient or irregular. The Clerk-Administrator shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee and to the I City Council. The committee shall have thlrty-30 calender days in which to file additional signature papers and/or to correct the 6- - .- ; . , 6 ; 6- CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 5.01. General Voter Authority. The people of Mounds View have the right, in accordance with this Charter, to propose ordinances [initiative] and to require that any ordinance be referred to the voters [referendum], except those that appropriate money or levy taxes. The voters also have the right to remove elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents of the City of Mounds View who first register, or who have registered and are qualified to vote. Per Minnesota Statute 200.039 (as amended), eligibility to sign the petition is not restricted to only those who were eligible to or did cast ballots in the previous election. Section 5.02. Petitions. To circulate a petition provided for under this chapter, it must be sponsored by a committee of five or more voters of the City whose names and addresses appear on the petition. A petition consists of one or more pages with each separately circulated page containing at its head the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. The committee may obtain a sample petition from the city Clerk-Administrator. All petition circulators must be voters of the City. Each separate page of the petition must have appended to it a certificate by the circulator, verified by oath. The certificate shall affirm that each signature was made in the circulator's presence and that the circulator believes them to be the genuine signature of the voter whose name it purports to be and that each signer was presented with the full petition. Each signer of a petition must be a voter of the City and must sign and print their name and give their street address. Any voter whose name appears on a petition may withdraw their name by filing a statement in writing with the Clerk-Administrator before the Clerk-Administrator advises the Council of the sufficiency of the petition. Section 5.03. Determination of Petition Sufficiency. The committee must file the completed petition in the office of the Clerk-Administrator. The Clerk-Administrator shall provide the number of total ballots cast for President in the most recent Presidential election. For a petition to be sufficient, the required number of signatures shall be a percentage of that number. • Petitions for Initiative and Referendum require at least 15 percent. • Petitions for Recall, at least 25 percent. Within 10 working days of receipt of the petition, the Clerk-Administrator shall determine its sufficiency. Upon final determination of sufficiency, the Clerk-Administer shall report the date of the determination and its sufficiency to the Council at or before the next regularly scheduled meeting. Upon receipt of the report, the Council shall immediately declare the sufficiency of the petition by resolution including the reported date of determination of sufficiency. Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk-Administrator determines that the sufficiency of a petition cannot be declared, it shall be determined to be insufficient or irregular. The Clerk-Administrator shall deliver a copy of the petition, together with 4 a written statement of its defects, to the sponsoring committee and to the City Council. The committee shall have 30 calender days in which to file additional signature papers and/or to correct the specified irregularity. Within five working days of receipt of the corrected petition, the Clerk-Administrator shall determine the sufficiency of the petition as corrected and proceed as directed in Section 5.03. If the petition is still insufficient or irregular, this shall be considered the Final Finding and the Clerk-Administrator shall file the petition as noted and immediately notify the sponsoring committee that no further action will be taken. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose. Except in the case of a petition for recall, it shall not prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. Section 5.05. Initiative. Any ordinance may be proposed by a petition. The exact text of the proposed ordinance must be stated at the head of each page of the petition. The Council must act upon the proposed ordinance within 60 calendar days after final determination of the petition's sufficiency under the provisions of Section 5.03 of this chapter. The Council may amend the proposed ordinance and must provide such amendments to the petition committee. A majority of the sponsoring committee of the petition may disapprove the amended form by filing a statement with the Clerk-Administrator within 14 calendar days of the receipt of the amended ordinance. If the sponsoring committee does not file disapproval, the ordinance is not required to be submitted to the voters for enactment. Upon filing a statement of disapproval, the proposed • ordinance, as stated on the original petition, must be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, at or before its next regularly scheduled meeting, the Council shall call a special election to take place within 90 calendar days of said meeting. If the ordinance receives a majority vote in its favor, it shall become effective 30 calendar days after adoption unless the ordinance specifies a later effective date. Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the voters to propose amendments to this charter. Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be subjected to a referendum by a petition which shall state at the head of each page the exact text of the measure to be considered by the voters. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, said ordinance shall thereby be prevented from enactment, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a special election to take place within 90 calendar days of said meeting. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority vote against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of the City by petition. The petition shall state at the head of each page, or attached thereto, the name of the official whose removal is sought, the grounds for recall constituting malfeasance or misfeasance, in not more than 250 words, and the intention of the sponsoring committee to bring about the official's recall. The petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition is determined sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall submit it to the Council as required. The Clerk- Administrator shall also officially notify the official sought to be recalled of the sufficiency of the petition and of the pending action within five working days. Within five working days of notification, the official may provide an answer stating the justification of their course of action in not more than 500 words. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a special election to take place within 90 calendar days of said meeting. The Clerk-Administrator shall include with the published notice of the election, the statement of the grounds for the recall and the answer of the official concerned or a statement stating no answer was received. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. 10