HomeMy WebLinkAbout08-Letter to Bob KingMOUNDScj)WUMVIEW
2401 Mounds View Boulevard * Mounds View MN 55112-1499
Phone: 763 — 717-4000 * Fax 763-717-4019
September 29, 2023
Document Transmitted to Bob King via EMAIL and USPS
Bob King and Committee of Petitioners
bobking3600@gmail.com
7408 Silver Lake Road
Mounds View, MN 55112
RE. Petition to Amend City Charter - Technical Revisions Required
Petition considered INSUFFICIENT
Mr. King and Committee of Petitioners:
Your petition to amend the Mounds View City Charter (the "Petition") is found to be insufficient and this
letter constitutes the certificate of insufficiency. The petition has 281 signature lines filled out. After
verification, 24 signatures were eliminated (see attached documentation for eliminations), leaving 253
signatures from registered voters. The number of signatures required for a sufficient petition consisting of
signatures equal in number to 5% of the total votes cast in the last general election in the City is 253.
As outlined in this letter, there are technical issues on the Petition needing to be addressed. Please send any
clarifying questions to rayla.ewald@moundsviewmn.org. You or any member of the Committee of
Petitioners may contact me at 763-717-4016 to schedule a time to view the Elections Copy of Mounds View
Registered Voters roster used to verify petition signatures.
Additionally, all but one of the deficiencies would have been addressed if the Committee of Petitioners
would have used the sample petition request by and provided to Committee of Petitioners member Mr.
Aaron Pratt on July 25, 2023. For future petitions, I encourage you to use the sample petition since it meets
the formatting requirements and provides space for all of the necessary information a petition must include,
in the proper location.
Courts have determined that cities should use restraint when determining that petitions are deficient based
solely on technical requirements. Therefore, given the overall format of this particular petition, the City is
not requiring correction of the following technical deficiencies for this submitted Petition:
1) Minn. R. Part 8205. 10 10 (G) requires the statement "All information must be filled in by person(s)
signing the petition unless disability prevents the person(s) from doing so" be immediately before the
signature lines. The Petition includes an additional statement between the required statement and the
signature lines which undermines the purpose of the required statement, to clearly associate the required
statement with the signature lines.
2) In the future, please sequentially number all pages submitted (e.g., 1/31, 2/31, etc.) and run a continuous
number system for all signatures (e.g., pages one contains signatures "1-10" page 2 contains 11-20,
etc.).
If you choose to submit a supplementary petition and correct the issues with the Petition as described below,
you will not be required to fix the two issues identified above. However, in the future, please follow the
provided sample petition format more closely. The City encourages you to consult an attorney to determine
whether the petition meets the technical requirements on Minnesota Statues, section 410.12 and Minnesota
Rules, part 8205.
www.moundsviewrnmor�
The Mounds View Vision
A Thriving Desirable Community
MOUNDSVIEW
2401 Mounds View Boulevard * Mounds View MN 55112-1499
Phone: 763 — 717-4000 * Fax 763-717-4019
List of Deficiencies:
Required Affidavit Is Not Complete. Minnesota Statutes, section 410.12, subdivision 3 lists the required
text for the circulator affidavit and includes spaces that are meant to be filled in. None of the Petition pages
include printed name of the affiant. Petitioners will need to fill in this information and have the Petition
page notarized again once all of the information has been properly filled in. This deficiency makes every
Petition page invalid.
Illegible Signatures. There are three pages where the signature of the circulator is completely illegible and
even if filling out the entire required affidavit were not a statutory requirement, it would be impossible for
the City to identify the affiant. These are the 23rd, 241h, and 291h pages of the petition. This deficiency alone
could eliminate up to 17 additional signatures.
Submission of Supplementary Petition under Minn. Stat. 410.12, subd. 3.
The deficiencies in this certification may be addressed through a supplementary petition submitted to the
City Clerk within 10 days of this certification. 10 days from today, September 29, 2023, is Monday, October
9, 2023.
This certification of insufficiency only addresses the formatting and technical requirements of Minnesota
Rules, part 8205 and Minnesota Statutes, Section 410.12. If you submit a supplementary petition and it is
deemed sufficient, the City Council will determine whether the Petition question is allowable and make any
election related decisions.
Please do not hesitate to contact me with questions at rayla.ewald@moundsviewmn.org.
Sincerely,
1-4100OWN
Rayla Sue Ewald
Human Resource Director/City Clerk
Attachments: Proposed Charter Amendment Petition — Not Counted Reason
cc: Mounds View Mayor and Members of the City Council
City Administrator
Kennedy & Graven, Chartered
www. moundsviewm nnorg
The Mounds View Vision
A Thriving Desirable Community
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