4.1. SR 08-24-1998ity of
MEMORANDUM
Item 4.1.
TO:
Mayor and City Council
FROM: Sandra Peine, City Clerk
DATE: August 24, 1998
SUBJECT: 3 Petitions Received by Cecilia Scheel
INTRODUCTION
Cecilia Scheel submitted three petitions to the City Council at the
8/17/98 Council meeting. Prior to submitting the petitions, Cecilia
called city hall and asked about the possibility of including the three
issues in the petitions on the ballot. I informed her that the law
allows special elections only on questions the council is authorized
by law or charter to submit to the voters. Statutory and charter
cities must find specific authorization for a special election in state
law or the city charter.
Prior to addressing the following three petitions, it should be made
clear that the City of Elk River is a statutory city, whereby the city
derives its powers from Chapter 412 of Minnesota Statutes. All
statutory cities' powers are directed and authorized by the
Minnesota Legislature. The City of Elk River operates under
Minnesota State Statutes and its City Code of Ordinances. The City
of Elk River does not have a charter.
PETITION #1 ..... It is the wish of the undersigned to change the
charter of the City of Elk River, Minnesota. We therefore petition for
a referendum vote that all voters of the City may vote for the Chief of
Police.
RESPONSE ...... Because the Elk River is a statutory city, this cannot
be done. There is no provision in State Statute to require the Police
Chief to be an elected position.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 * TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
PETITION #2 ...... It is the wish of the undersigned, that the Charter of
the City of Elk River be changed permitting all voters to vote for all
Council Members. Not only the one from their ward. Therefore, we
petition the city for a referendum vote.
RESPONSE ...... There is no provision in state law that allows a city
to submit a question to the voters regarding elimination of the ward
system. The city of Elk River's ward system was put into effect at
the time of consolidation and is, in fact, written into the
Consolidation Agreement. Consolidation of the city took place in
1978.
The City Attorney indicated that he would need time and
authorization to research whether or not the consolidation
agreement can be amended and if so, the procedure for amendment.
If it is the Council's desire to research this issue, the City Attorney
would need authorization to expend funds for this research.
PETITION #3...That the City of Elk River shall not allow non-
residents of the City of Elk River to serve on any commission,
committee, or board of advisory, setting policy for the City of Elk
River, Minnesota, LE. Planning, Utility, HRA, EDA, Park, Zoning, or
any other policy and/or spending board, committee, or commission
which may organize at a future date for the purpose of determining
and influencing the life of any citizen of the City of Elk River,
Minnesota. The City of Elk River, Minnesota may hire a consultant to
advise a board, commission, or committee. He/she may not cast a vote
with the group being advised.
RESPONSE ...... This issue, as with the others, is not a question that
can be put to vote by the citizens. Boards and Commissions are set
by either state law, city ordinance, or by-laws of the commission or
board. It would be a decision of the city council to amend either the
ordinance and/or by-laws to address this situation.
\\elkriver\sys\shrdoc\councfl\petition.doc
IT IS THE WISH OF THE UNDERSIGNED, TO CHANGE THE CHARTER OF THE CITY
OF ELK RIVER, MINNESOTA. WE THEREFORE PETITION FOR A REFERENDUM VOTE
THAT ALL VOTERS OF THE CITY MAY VOTE FOR THE CHIEF OF POLICE.
EFFECTIVE
((SIGNERS OF THIS PETITION MUST PRINT THIER NAMES AS WELL AS SIGN SIGNATURE
WARD
/
IT IS THE WISH OF THE UNDERSIGNED~ TO CHANGE THE CHARTER OF THE
CITY OF ELK RIVER~ MINNESOTA. WE THEREFORE~ PETITION FOR A
REFERENDUM VOTE THAT ALL VOTERS OF THE CITY MAY VOTE FOR THE
CHIEF OF POLICE.
EFFECTIVE
"SIGNERS, AGES 18 + MUST PRINT THEIR NAMES AS WELL AS SIGN THEIR SIGNATURE"
NAME ADDRESS SIGNATURE WARD
IT IS THE WISH OF THE UNDERSIGNED, THaT_THE CHARTER OF THE CITY OF
ELK RIVER BE GHANGED. PERMITTING ALL VOTERS TO VOTE FOR ALL COUNCIL
iEMBERS. NOT ONLZ THE ONE FROM THIER WARD.
THERFORE WE PETITION THE CITY FOR A REFERENDUM VOTE.
"SIGNERS MUST PRINT THIER NAMES AS WELL AS SIGN THIER SIGNATURE"
NAME ADDRESS SIGNATURE WARD
/
¥
IT IS THE WISH OF THE UNDERSIGNED, THAT THE CHARTER OF THE CITY OF ELK RIVER
BE CHANGED; PERMITTING ALL VOTERS TO VOTE FOR ALL COUNCIL MEMBERS, NOT
ONLY THE ONE FROM THEIR WARD.
THEREFORE, WE PETITION THE CITY FOR A REFERENDUM VOTE.
"SIGNERS, AGES 18 + MUST PRINT THEIR NAMES AS WELL AS SIGN THEIR SIGNATURE"
_NAME_ ADDRESS
.. - ...... ~5 El~ ~ ~v ~-~
SIGNATURE WARD
WE THE UNDERSIGNED, CITIZENS OF THE CITY OF ELK RIVER, MINNESOTA.
DO PETITION, SAID CITY OF ELK RIVER, MINNESOTA, THAT THE CITY OF
ELK RIVER, MINNESOTA, SHALL NOT ALLOW, NON-RESIDENTS OF THE CITY OF
ELK RIVER, MINNESOTA TO SERVE ON ANY COMMISSION, COMMITTEE, OR BOARD
OF ADVISORY, SETTING POLICY FOR THE CITY OF ELK RIVER, MINNESOTA.
I.E. PLANNING, UTILITY, H.R.A., E.D.A., PARK, ZONING, OR ANY OTHER
POLICY AND/OR SPENDING BOARD, COMMITTEE, OR COMMISSION WHICH MAY
ORGANIZE AT A FUTURE DATE.FOR THE PURPOSE OF DETERMINING AND INFLUENCING
THE LIFE OF ANY CITIZEN OF THE CITY OF ELK RIVER, MINNESOTA.
THE CITY OF ELK RIVER, MINNESOTA, MAY, HIRE A CONSULTANT TO ADVISE
A BOARD, COMMISSION, OR COMMITTEE. HE/SHE MAY NOT CAST A VOq]~WITH
THE GROUP BEi'~-~k-~D¥~SED.
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~-~ :.' .... ',/,/ ~_,~ ~ .:,~< ~. .Z~v~~ ,/: ~, ~-/~ ,~-<~...~.
NAME ADDRESS WARD