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10.1. SR 08-03-2020Request for Action To Item Number Mayor and City Council 10.1 Agenda Section Meeting Date Prepared by Work Session August 3, 2020 Cal Portner, City Administrator Item Description Reviewed by Provide Direction Regarding Council Wards Reviewed by Action Requested Discuss and provide direction regarding Council Wards Background/Discussion Mayor Dietz would like the council to discuss and consider the elimination of the elective council ward system currently in place. If the council would like to consider, the city attorney would conduct research into the timing and process. Financial Impact N/A Attachments ■ Elk River Ward History ■ Pros and Cons of Wards ■ National League of Cities Wards Background The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e service, and community engagement that encourages and inspires pi ospei ly INAMIRE1 WARD SYSTEM HISTORY Question: Elk River is a statutory city. Elk River has a ward system. There is no provision in statutory city law for the adoption of a system of wards. Why does Elk River have a ward system? (excerpt from the League of MN Cities Handbook) Minn. Stat. §§ 414.02, subd. 3; 414.031, subd. 4a; 414.041, subd. 5. There is no provision in statutory city law for the adoption of a system of wards. Only home rule charter cities can have wards, except that in certain incorporation, annexation, and consolidation proceedings, the Office of Strategic and Long —Range Planning (Municipal Boundary Adjustments) may include the establishment of a ward system in its order. Also, a few statutory cities that were originally irporated by legislative act, also have ward systems. We have documentation from the Minnesota Municipal Board regarding consolidation of the Town of Elk River and the City of Elk River. Those documents outline the consolidation proceedings and specifications. In the Findings of Fact, Conclusions of Law, and Order it outlines The City of Elk River and the Town of Elk River's proposed ward system, stating that "area representation is required to accord proper representation in the new City of Elk River because of uneven population density in different parts thereof and the existence of agricultural lands therein which are in the path of suburban development. " The order outlines that the new City of Elk River will use Optional Plan A as outlined in MN Statues and that the Council will be composed of a Mayor and four councilmen and the new City of Elk River shall be divided into four wards. I wanted to verify that this was sufficient documentation if this issue was ever challenged. I emailed the League of MN Cities the two documents and asked if the documentation is enough. Below is the response I received from Vanessa Peterson, Research Assistant with the League: Attached is a copy of the Ward memo that offers both arguments for and against ward systems and gives a little information about the system itself. It looks like from the documents you found that this memo was written before the city of Elk River consolidated with the town of Elk River and thus established a ward system. So don't be alarmed when you look at the list of cities with Ward systems in the memo and cannot find Elk River listed. The Handbook for Minnesota Cities also discusses the consolidation process and the role of Municipal Boundary Adjustments (formerly the Municipal Board.) There is a short discussion about the power of Municipal Boundary Adjustments to establish a ward system in their consolidation order on page 9 of Chapter 2. You can access a copy of this chapter on our website at: http://www.Imnc.org/handbook/ChapterO2.pdf. The discussion also includes mention of the ability of the city to abolish its ward system after a period of time, but the city is by no means required to do so. I think you have sufficient documentation of when and why the city established a ward system in the papers you sent me from the Municipal Board, should anyone question it in the future. Vanessa indicated to me that more than likely Elk River maintained the ward systems because at the time of consolidation the population was disproportionate between the city and the township. NOTE: Both of the following documents referenced above are located in the history file as well as follow this page. The Resolution of the Town Board of the Town of Elk River and of the City of the City Council of the City of Elk River Stating Their Desire for Consolidating the City of Elk River and the Town of Elk River into a Single New City of Elk River. Minnesota Municipal Board Findings of Fact, Conclusions of Law, and Order in the Matter of the Resolution of the Town of Elk River and the City of Elk River for Consolidation. 0 BEFORE THE MINNESOTA MUNICIPAL BOARD RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ELK RIVER AND OF THE CITY COUNCIL OF ThE CITY OF ELK RIVER STATING THEIR bESIRE FOR CONSOLIDATING THE CITY OF ELK RIVER AND THE TOWN OF ELK RIVER INTO A SINGLE NEW CITY OF ELK RIVER WHEREAS, it appears to the Town Board of the Town of Elk River and to the City Council of the City of ElIr River that consolidation of said town and city into a single new City of Elk River encompassing the territory of said town and city is in the best interest of said territory and the residents thereof, and WHEREAS, the Town Board of the Town of Elk River and the City Council of the City of Elk River desire to accomplish such a consolidation in an orderly fashion and, insofar as is reasonable and possible, to resolve any present differences between said town and city by mutual agreement, and to guide tine City Council of the new City of Elk River to resolutions of future differences between the residents of the former town and city, now therefore 3 BE IT RESOLVED by the Town hoard of the Town of Elk River and the City Council of the City of Elk River: 1. That the `lawn of Elk River and the City of Elk River desire to consolidate said town and city into a new City of Elk River encompassing the territory of said town and city. 2. That such consolidation is in the best interests of the territory of the Town of Elk Inver and the City of Elk River and the residents thereof. 3. That the Town of Elk River and the City of Elk River initiate a proceeding; pursuant to Section 414.021, Subdivision 1, of Minnesota Statutes, before the hinnesota Municipal.Board for the consolidation of said town and city into a new City of Elk River encompassing the territory of said town and city. 4. That the Minnesota Municipal Board proceed forthwith to conduct its hearing and issue its order pursuant to Chapter 414 of the Minnesota Statutes. 5.: That any order of the Minnesota Municipal Board ordering the consolidation herein requested shall order: (a) That the form of government of the new City of Elk River shall be Optional Plan "A" as set forth in Sections 412.581 and 412.591 of Minnesota Statutes. (b) That the ordinances of the former Town of Elk River.and the former City of Elk liver shall -remain in effect within the boundaries of said former town and city until repealed by a two --'thirds (2/3) vote of all the 4embers of the City Council of the new .City of Elk !fiver. (c)' That a ward system comprised of 4 wards be established for the new City of Elk River, that two of the wards be comprised of territory within the former town and that two of the wards be comprised of territory within the former city. (d) (01) That the new City of Elk River be divided into an urban service district and a rural service district constituting separate taxing districts for the purpose of all city property taxes except those levied for the payment of bonds and judgments and interest thereon, pursuant to Section 272.67 of the Minnesota Statutes; (02) that the urban service district shall include all of the territory within the former city and the territory owned by United Power Association which encompasses said association's plant site; (03) that the rural service district shall include all of the remaining territory within the new city; (04) that the benefit ratio as defined by said Section 272.67 shall be 0.25; (05) that the territory of the urban service district and of the rural service district and the said benefit ratio shall be changed only upon a two --thirds (2/3) vote of all the members of the City Council of the new City of folk liver; and (06) that an area shall not be classified in the urban service district until each property owner in the area to be so classified shall have available public sewer and water service immediately adjacent to the property so that the owner may have any improvements which may be located on the property connected to said public sewer and water service. (e) That all money, claims and properties of the former town and city, including real estate owned, held, or possessed by said town and city, and any proceeds or taxes levied by said town and city, collected or uncollected, shall become and be the property of the new City of Elk River with full power and authority to use and dispose of .the sa€ne for public purposes as the City Council of said new city may deem best, subject to the rights of creditors. (f) That the bonded debt of the City of Elk River shall be borne by the property within the boundaries of said city, except the debt associated with the fire station and truck, which debt shall be assumed by the new City of Elk River. 6. That it is the intention of the Town Board of the Town of Elk River and of the City Council of the City of Elk River that the new City of Elk River use its planning and zoning powers so as to foster orderly urbanization from t-he present city limits and to prevent urbanization from occurring at inappropriate locations removed from city utilities and services; that it is the intention of said Town Board and City Council that the cost of sewer and t water extensions be assessed against benefiting property and that such extensions not be made until a majority of the people in the area to be served so request. 7. That it is the intention of the Town Board of the Town of Elk River and of the City Council of the City of Elk River that, to the extent legally permissible, practicable and efficient, all appointed boards, conunittees and commissions have equal distribution of members residing in the area of the territory of the old City and the old Town. 8. That this proceeding is being initiated pursuant to Section 414.021 of the Minnesota Statutes and that the clerks are authorized and directed to submit a copy of this Resolution to the secretary of the Minnesota Municipal Board. Cleric of the Town Board of the Town of Elk River, County of Sherburne, State of Minnesota, hereby certify that the foregoing is a full, true and accurate copy of a Resolution duly adopted by the Town board of the 'town of Elk Diver on 1977. Hated z� rA , Clerk of the City of Ell, River, County of Sherburne, State of Minnesota, hereby certify that the foregoing is a full, true and accurate copy of a Resolution duly adopted by the City Council of the City of Elk River on _ , 1977. Bated: f C16--Mt Elk River BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Gerald J. Isaacs Chairman Robert W. Johnson Vice Chairman COPY Thomas J. Simmons Member Clarence Peterson Ex-Officio Member Milton Stensrud Ex-Officio Member IN THE Mfi.TTER OF THE RESOLUTION } . FINDINGS OF FACT, OF THE TOWN OF ELK RIVED. AND THE j 'CONCLUSIONS OF LAW, CITY OF ELK RIVER FOR CONSOLIDATION j AN D'ORDER The above -entitled matter cane on for hearing before the Minnesota Municipal Board, pursuant to Chapter 414 of Minnesota Statutes, on October 26, 1977, at Elk River, Minnesota. Executive Secretary Villiam A. Neiman, acting pursuant to law, received and reported the evidence. Ex-Officio Members Clarence Peterson and Milton Stensrud were in attendance. David C. Sellergren, Esq., attorney at law, 1500 Northwestern Financial Center, Minneapolis, tinnesota 55431, appeared for the Town of Elk River in support of the consolidation. 3ruce A. Rasmussen, Esq., attorney at law, 1110 Northwestern Bank Su i l di ng, ; li nneapol i s, Mi nneso 4a 55402, appeared for the City of Elk River in Support of the consolidation. There were no appearances in opposition to the consolidation Testiwmny was heard and records and eyhYbits were received. After due and careful consideration or.all of the evidence, together With all records, files and proceedings herein, the Minnesota Municipal Board hereby makes and files its Findings of Fact., Conclusions of Law. and Order. FINDINGS OF FACT THE MINNESOTA MUNICIPAL -BOARD FINDS: 1. On August 19, 1977, the Executive Secretary of this Board received and filed a "Resolution of the Town Board of the Town of Elk River and of the City Council of the City of Elk River Stating Their Desire For Consolidating the City of Elk River and the Town of Elk River into a Single New City of Elk River". Said Resolution contained all of the information required by law and was duly submitted to the proper parties. 2. In addition to the material required by law, the foregoing Resolution contains agreements of the City of Elk River and the Town of Elk River which are hereby incorporated into these Findings of Fact, Conclusions of Law and Order, and statements of intent to guide the proposed new city, which read as follows: That it is the intention of the Town Board of the Town of Elk River and of the City Council of the City of Elk River that the new City of Elk River use its planning and zoning powers so as to foster orderly urbanization from the present City limits and to prevent urbanization from occurring at inappropriate locations removed from City utilities and services; that it is the intention of said Town Board and City Council that the cost of sewer and water extensions be assessed against benefiting property and that such extensions not be made until a majority of the people in the area to be served so request. That it is the intention of the Town Board of the Town of Elk River and of the City Council of the City of Elk River that, to the extent legally permissible, practicable and efficient, all appointed boards, committees and commissions have equal distribution of members residing in the territory of the old City and the old Town. 3. Due, timely and adequate notice of hearing was published, served and filed as required by law, 4. The past, present and projected populations for the City of Elk River and the Town of Elk River are: --2- .City 1960 1 ,763 1970 2,252 1976 3,132 1980 -- 1985 --- 1990 -- 1995 -- 2000 -- .Town Total 986 2,749 1,846 4,098 3,051 6,183 -- 6,400 --- 8,100 --- 10,600 -- 13,900 -- 18,000 5. The Town of Elk River contains approximately 41 square miles of land and the City of Elk River contains approximately two square miles of land. 6. The City of Elk Diver contains a central business district and land used for residential, commercial, industrial, institutional and public purposes. The Town of Elk River contains land used for commercial purposes, particularly along U. S. Highway 10 and 52, urban residential and agricultural purposes. 7. The area under consideration is traversed by major corridors U. S_ Highways 10, 52 and 169. In addition, Minnesota Trunk Highway 101 crosses the Mississippi to intersect interstate Highway 94. These highways provide good access to the Twin Cities Metropolitan Area and to the St. Cloud i•#etropolitan Area. This is causing urban residential development in the area which will continue at an increasing rate. 8. The City of Elk River has a planning commission, a comprehensive plan, and land -use planning implementation ordinances, including a zoning ordinance and a subdivision ordinance. Sherburne County has a planning commission, a comprehensive plan, and land -use planning imuiemeJnLa iOA ordinances, including a zoning ordinance and a subdivision ordinance. The Sherburne County Comprehensive Plan shows the area of the Town of Elk River which is adjacent to the City of Elk River as being used for - 3 - residential purposes.'- The Town of Elk River does not have a Planning Commission, a.comprehensive plan, or land -use planning implementation ordinances, but cooperates with the county in its planning activities. 9. The area is bounded on the south by the Mississippi River and its flood plain. The Elk River enters the area from the west and winds easterly to its confluence with the Mississippi just south of the present city limits. The Elk River has been dammed to form Lake Orono. The soil and slope conditions fall into the following three categories: Gently rolling to hilly, moderately dark colored, variable loams, sandy foams, and loamy sands. Gently rolling to hilly, light colored, foams and sandy loams of variable consistency. Subsoil. usually of heavy material but some of sand and gravel. Gently rolling to very hilly, both dark and light colored, shallow, droughty, sand loans which are primarily underlain by sand and gravel. Much of the area of the Town is severely or critically restricted as far as urban uses are concerned and good land -use planning is therefore essential. 10. The City of Elk River provides a full range of municipal services, including: water supply and distribution; sanitary sewerage collection and treatment; storm sewers; police protection; fire protection; road construction and maintenance; recreational facilities and programs; library service (in conjunction with the regional library) and operates a municipal electric utility. 11. The Town of Elk River provides road construction and maintenance and a recreation program. 12. There are presently no serious problems of environmental pollution. However, urban development at high densities with on --site sewage disposal systems, which is presently permitted, presents a potential problem of ground water pollution and hence pollution of drinking water. Central sewer will be required in these areas and can best be provided by extension of the City of Elk River's system. The City's treatment plant is being upgraded and expanded and will have the required capacity. - 4 - 13. The assessed value, rill rates and budgets for the City of Elk {fiver and Town of Elk River are: Assessed Valuation dill Rate Budget Cit.Y Town City Town Cif Town 1973 4,253,867 7,804,933 10.79 2.98 45,900 23,257 1977 6,466,381 10,776,146 15.46 2.79 99,600 30,000 Change 2,212,514 2,971,213 4.67 -.19 53,700 6,743 Percent Change 52% 381b 43% -6% 117% 29% 14. The present bonded debt of the City of Elk River as presently structured requires principal and interest payments totally $2,212,674.00 through 1999. The principal and interest payment for 1977 is $152,321.25, 15. The Town of Elk River has no bonded debt. 16. The City of Elk River and the Town of Elk River are in the sane school district and the consolidation will have no significant impact on the school district. 17. No adjacent city appeared in opposition to the proposed consolidation. The consolidation will have no significant impact on any adjacent city. 18. The City of Elk River is expanding its sanitary sewerage treatment plant so that it will have sufficient capacity to serve adjacent areas in the Tom of Elk River. It has made plans for extending a sewer interceptor line to serve problem areas in the Town. It provides fire service to the Town of Elk River. It constructed its new fire station and acquired equipment so as to be able to serve the Town of Elf, River. Town residents use the City's library. No other city is in the proximity -5- of the urbanizing part of the town. Needed governmental services can best be provided by consolidating the City of Elk River and the Town of Elk River. 19. The town form of government is not adequate to deal with the problems of the town area which are being caused by the rapid urbanization which is underway. 20. The City of Elk River requires space for expansion. 21. The Town of Elk River virtually surrounds the City of Elk River; the degree of contiguity is in excess of 95%. 22. The City of Elk River has an erratic boundary which makes for difficulties in planning and provision of services. 23. Lake Orono is cut by the boundary of the City of Elk River and, as a consequence, is partly within said city and partly within the Town of Elk River. I,,luch of the area around the lake presently needs urban services, and this can best be accomplished by placing the lake within one jurisdiction. 24. The drainage pattern is such that surface water from the present town drains into the present city. Provision of proper drainage as urban development occurs can best be planned and provided for by a single unit of government. 25J The City of Elk River and the Town of Elk River proposed a ward system as follows: Ward 1: All that part of the former Town of Elk River lying westerly of the following described line: County Road No. 1 southerly from the northern boundary of the Town of Elk River to the boundary of the City of Elk River, thence generally southerly and easterly along the boundary of said city to the Mississippi River. Ward 2: All that part of the former Town of Elk River lying easterly of the following described line: County Road'No. 1 southerly from the northern boundary of the Town of Ell: River to the boundary of the City of Elk River, thence generally southerly and easterly along the boundary of said city to the Mississippi River. Ward 3: All that part of the former City of Elk River lying westerly of the following described line: Jackson Street (Old Highway 169) southerly from the northern boundary of the City of Elk River to U.S. Highway 10 and 52, thence northwesterly along said highway to Lowell Avenue, thence southerly on Lowell Avenue to the southern boundary of said city. Ward 4: All that part of the former city of Elk River lying easterly of the following described line: Jackson Street (Old Highway 169) southerly from the northern boundary of the City of Elk River to U.S. Highway 10 and 52, thence northwesterly along said highway to Lowell Avenue,thence southerly on Lowell Avenue to the southern boundary of said city. The variance in population between these wards is less then 5%. CONCLUSIONS OF LAW THE MINNESOTA MUNICIPAL BOARD CONCLUDES: 1. The Minnesota Municipal Board duly acquired and now has jurisdiction of the within proceeding. 2. Consolidation of the Town of Elk River and the City of Elk River (hereinafter referred to as the former Town of Elk River and the former City of Elk River) into a new City of Elk River encompassing the territory of said former Town and said former City, is in the best interests of said former Town, said former City, the area, and the residents thereof. 3. Annexation of all or a part of the territory of the fortaer Town of Elk River to an adjacent city would not better serve the interests of. the area. 4. Area representation is required to accord proper representation in the new City of Elk River because of uneven population density in .. 7 .. different parts thereof and the existence of agricultural lands therein which are in the path of suburban development. 5. The election of new officers should be held on December 20, 1977. b. The population of the new City of Elk River should be established at 6,183 for all purposes until the next federal census; the population of the former Town of Elk River and the former City of Elk River should be established at zero for all purposes until the next federal census. 7. The agreement of the City of Elk River and the Town of Elk River as set forth in their Resolution (paragraphs 1 and 2-of the within Findings of Fact), being in conformity with law, should be given effect. Let an order be issued accordingly. ORDER IT IS HEREBY ORDERED: 1. That the Town of Elk River and the City of Elk River, Sherburne County, Minnesota (hereinafter referred to as the former Town of Elk River and the former'City of Elk River), be, and they hereby are, consolidated into a new City of Elk River, encompassing the territory of said town and city; 2. That the plan of government for the new City of Elk River shall be Optional Plan "A" as more fully set forth in Minnesota Statues. 'Chat the council of the new City of Elk River shall be composed of five members consisting of the mayor and four councilmen; that the new City of Elk River shall be divided into the following four wards for the election of councilmen: Ward 1: All that part of the former Town of Elk River lying westerly'of the following described line: County Road No. 1 southerly from the northern boundary of the Town of Elk River to the boundary of the City of Elk River, thence generally southerly and easterly along the boundary of said city to the tMississippi River. Ward 2: All that part of the former Town of Elk River lying easterly of the following described -line: County Road No. 1 southerly from the northern boundary of the Town of Elk River to the boundary of the City of Elk River, thence generally southerly and easterly along the boundary of said city to the Mississippi River. hard 3: All that part of the former City of E1'k River lying westerly ttie r'ollowing described line: Jackson Street (Old Highway 169) southerly from the northern boundary of the City of Elk River to U.S. Highway 10 and 52, thence northwesterly along said highway to Lowell Avenue, thence southerly on Lowell Avenue to the southern boundary Of said city. - 9 - Ward 4: All that part of the former City of Elk River lying easterly of the following described line: Jackson Street (Old Highway 169) southerly from the northern boundary of the City of Elk River to U.S. highway 10 and 52, thence northwesterly along said highway to Lowell Avenue, thence southerly on Lowell Avenue to the southern boundary of said city. 4. That the election of new municipal officers shall be held on December 20, 1977; that Charles Savela is appointed as acting clerk for election purposes; that the following are appointed as election ,judges: 1. Evertt Specht 2. Gail Nystrom 3. Minnie Brady 4. Dorothy Rathbun 5. Gordon Frederickson 6. Ptillicent Busch 7. Delores Collins' 8. Tom Duggan 9. Sandy Greene 10. Dorothy Kokott 11. Harriet Siegler. 12. Jean Becklin that the polling places shall be: Wards 1 and 2: District Courtroom, Sherburne County Court House, Elk River, Minnesota Wards 3 and 4: Elk River City Hall, Elk River, Minnesota; that the acting clerk and election judge shall conduct the election as provided by law; that the terms of the councilmen from Wards 1 and 4 shall be for 1 year (through 1978) and the terms of the councilmen from Wards 2 and 3 shall be for 3 years (through 1980). 5. That the population of the new City of Elk River be, and it hereby is, established at 6,183 for all purposes until the next federal census; that the populations of the former Town of Elk River and the former City of Elk River, which are consolidated into the new City of Elk River -10-- by paragraph 1 of this Order, shall be established at zero for all purposes until the next federal census. 6. That the ordinances in effect in the former Town of Elk River and the former City of Elk River shall remain in effect within the boundaries of said former Town and City until repealed by a majority vote of all of the members of the City Council of the new City of Elk River, provided that a two-thirds vote of all of the members of the City Council of the new City shall be required to repeal the dog and firearms ordinances currently in effect in the former Town for a period of five (5) years from the date said new City comes into existence. 7. That the new City of Elk River be divided into are urban service district and a rural service district constituting separate taxing districts for the purpose of all City property taxes except those levied for the payment of bonds and judgments and interest thereon, pursuant to Section 272.67 of the Minnesota Statutes; that the urban service district shall include all of the territory within the former City and the territory otgned by United Power Association which encompasses said association's plant site; that the rural service district shall include all of the remaining territory within the new City; that, consistent with the provisions of Section 272.67 of Minnesota Statutes, the rural service district is declared to be comprised of both unplatted lands and platted parcels which are rural in character and not developed for urban commercial, industrial or residential purposes; that no part of the unplatted lands or platted parcels shall be transferred from the rural service district to the urban service district except by majority vote of the City Council of the new City of Elk River, provided that a two-thirds vote approving such transfer shall be required for a period of five (5) years from the date said new City comes into existence, unless municipal sewer and water service are provided by said new City to the part of the unplatted lands to be transferred, in which case a majority vote of the City Council of said new City shall.be sufficient; that the benefit ratio as defined by said Section 272.67 shall be 0.25; that the benefit ratio may be changed by majority vote of all of the members of the City Council of the new City, provided that a t:,o- thirds vote of all of the members of the City Council of the new City shall be required for a period of five (5) years from the date said new City comes into existence. that the phrase "municipal sewer and crater service are provided" as used herein shall mean that public sewer and water service facilities are in place immediately adjacent to the property so that the owner may have any improvements which may be located on the property connected to said public sewer and water service facilities. 8. That all money, claims and properties of the former Town of Elk River and former City of'Elk River, including real estate owned, held, or possessed by said former Town and former City, and any proceeds or taxes levied by said Town and City, collected or uncollected, and any entitlements to Minnesota local government aids, federal revenue sharing, and any other form or intergovernmental distributions, shall become and be the property of the new City of Elk River with full poorer and authority to use and dispose of the same for public purposes as the City Council of said new City may deem best, subject to the rights of creditors. 9. That the bonded debt of the City of Elk River shall be borne by the property within the boundaries of said former City, except the debt associated with the fire station and truck, which debt shall be assumed by .the new City of Elk River. 10. That any deficits in the general fund or any sp;�cial fend of the City of Elk River as of the date upon which the new City comes into existence shall be borne by the property within the boundaries of said former City. 11. That the consolidation of the former Town of Elk River and the - 12 - former City of Elk River shall be effective upon the election and qualification of new city officers; that until such effective date the Town board and other officers of the former Town of Elk River shall continue to exercise their powers and duties under the Town laws in that portion of the new City of Elk River which was formerly the Town; that the council and other officers of the former City of Elk River shall continue to exercise their powers and duties in that portion of the new City of Elk River which was formerly the City; that thereafter the Town board and the council of the former Town of Elk River and the former City of Elk River shall have no jurisdiction within the new City of Elk River, and the new City Council and other new officers shall act in respect to any matters previously undertaken by the former Town board of supervisors or former City Council within the limits of the new City, including the making of any improvement and the levying of any special assessments therefore, in the same manner and to the same effect as if such improvement had been undertaken by the new City. Dated this 31.stday of October , 1977. MINNESOTA MUNICIPAL BOARD Suite 165 Metro Square Building St. Paul, Minnesota 55101 14i liam A. Neiman, E e utive 0 ecretary - 13 NOTICE OF TIME TO FILE AFFIDAVITS OF CANDIDACY FO% CITY OFFICE IN THE NEW CITY OF ELK RIDER, MINNESOTA The election of city officers (mayor and four councilmen) for the new City of Elk River has been designated by the Minnesota Municipal Board' to be held on December 20, 1977. Notice is hereby given that Affidavits of Candidacy a:av be filed by any parson eligible to hold the office of councilman or mayor of the new City of Elk River with the' Acting Clerk For Election Purposes, Charles Savela, at the Elk River City Hall, Elk River, Minnesota, between the hours of 8:30 A.M. and 5:00 P.M., Monday through Friday. The first day to file Affidavits of Candidacy is November 22, 1977 and the last clay to so file is December 6, 1977. The filing fee for filing of Affidavits of Candidacy is .1.2,on The councilmen shall be elected from the following wards: Ward 1.: All that part of the former Town of Elk River lying viesterly of the following described line: County Road No. I southerly frost the Iorthern boundary or tl7e T ot� . o; Elk River to the boundary of the City of Elk River, thence generally southerly and easterly along the boundary of said city to the Mississippi River. Ward 2: All that part o:= the forger Tot•rn of Elk River lying easterly of the following described line: County Road No. I southerly from the northern boundary of the Town of Elk River to the boundary of the City of Elk River, thence generally southerly and easterly along the boundary of said city to the Mississippi r., i ,,--I. t•Iard 3: All that: pert of the forrler City of Elk Pulver lying i.'esteriy of ih:: follovi-Inc. described�line: Jackson Street (Old Highway 169) southerly from the northern bl LMdary of rhr. City of 1111; River to U.S. 11iiji-1t•1ay IO '11)c1 52, rt'�tsnt.e r:ar'tl�trr_::,tcrly along said h it ghwr,y lCo Lowell Avenue, th- r::e southerly on Lotilcll Avorttio to the southern boundary of Said city. Ward 4: All that part of the former City of Elk River lying easterly of the following described line: Jackson Street (Old }highway 169) southerly from the northern boundary of the City of Elk River to U.S. Highway 10 and 52, thence northwesterly along said highway to Lovell !Avenue, thence southerly on Lowell Avenue ;.o the southern boundary of said city. The terns of the councilmen from Wards A and 4 shall be for 1 year (through 1978) and the terms of the councilmen from Wards 2 and.3 shall be for 3 years (through 1930). Charles Savela Acting Clerk For Election Purposes F1 E: River City Hall Elk, River, Minnesota r^ -2 Miller, Jessica From: Peterson, Vanessa [vpeterson@lmnc.org] Sent: Wednesday, May 02, 2007 9:22 AM To: Miller, Jessica Subject: RE: Ward System Attachments: Ward memo.pdf Jessica: Attached is a copy of the Ward memo that offers both arguments for and against ward systems and gives a little information about the system itself. It looks like from the documents you found that this memo was written before the city of Elk River consolidated with the town of Elk River and thus established a ward system. So don't be alarmed when you look at the list of cities with Ward systems in the memo and cannot find Elk River listed. The Handbook for Minnesota Cities also discusses the consolidation process and the role of Municipal Boundary Adjustments (formerly the Municipal Board.) There is a short discussion about the power of Municipal Boundary Adjustments to establish a ward system in their consolidation order on page 9 of Chapter 2. You can access a copy of this chapter on our website at: http://www.Imnc.org/handbook/ChapterO2.pdf. The discussion also includes mention of the ability of the city to abolish its ward system after a period of time, but the city is by no means required to do so. I think you have sufficient documentation of when and why the city established a ward system in the papers you sent me from the Municipal Board, should anyone question it in the future. I hope you find these materials helpful. Please let me know if you have any questions. Sincerely, Vanessa Peterson Research Assistant League of Minnesota Cities 651-281-1225 vpeterson@lmnc.org From: Miller, Jessica [mailto:]Miller@ci.elk-river.mn.us] Sent: Tuesday, May 01, 2007 2:14 PM To: Peterson, Vanessa Subject: RE: Ward System Vanessa, Thank you for getting back to me. I think your response helped me tremendously. I was sifting through this pile of documents and was so overwhelmed because I wasn't sure what information I was looking for, or rather, how the information allowing our wards would be presented. After receiving your response, I was able to look through the files again and located these two documents, both from the Municipal Board and both referencing our ward system. My objective from this question is to find documentation that supports Elk River's continued operation under a ward system. Is this documentation sufficient? Please advise. You can call me or email me (I did leave you a voice mail but then I decided to scan these documents in and email them to you. I figured it would be easier if you could see them). Thank you so much. Jessica From: Peterson, Vanessa [mailto:vpeterson@lmnc.org] Sent: Tuesday, May 01, 2007 9:25 AM 5/7/2007 To: Miller, Jessica Subject: Ward System Jessica: My name is Vanessa Peterson and I am a research assistant at the League of Minnesota Cities. I have received your inquiry on Elk River's ward system. I have found the shelf memo, 140a2 that you mentioned. It is one of our "retired" memos but we do have copies I have send to you. The memo is retired and therefore has not been updated since 1965 but there is some useful information on the ward system and arguments for and against it. A list of cities and their form of government is also included, however it is not exhaustive and has not been updated since 1965 but it could be a good starting point. However, I need to look into this a little further to see if I can find you more information. I plan to look at the laws of 1881 to see if I can find the original special incorporation act for your city, that may provide some clues. There is also the possibility that at some point the city annexed property or adjusted its boundaries in some way that caused the board of Municipal Board (now the board of municipal boundary adjustments) to create a ward system for the city. You may want to check your files to see if and when any such action took place for your city. I plan to do some more research and get back to you either by the end of the day today or tomorrow morning. Sorry for the delay. Sincerely, Vanessa Peterson Research Assistant League of Minnesota Cities 651-281-1225 vpeterson(a)lmnc.org 5/7/2007 CHAPTER 2 B. The role of Municipal Boundary Adjustments Minn. Stat. § 414.041, subds. After receiving the commission's report, the director of Municipal Boundary 4, s. Adjustments designates a time and a place for a hearing. Municipal Boundary Adjustments must consider the subjects and factors reviewed by the consolidation commission. It may accept, amend, return to the commission for amendment or further study, or reject the commission's recommendations. Municipal Boundary Adjustments must order the consolidation if it finds that Minn. Stat. §§ 414.02, subd. 3; it is in the best interest of the cities. Municipal Boundary Adjustments must 414.09, subd. 3; 414.01, subd. consider the same factors specified for incorporation of a municipality. If it 15 orders consolidation, it must provide for election of new city officers in accordance with Minn. Stat. § 414.09. The order must indicate the estimated increased costs to the newly enlarged city resulting from the consolidation and the time period that such cities shall be allowed special levies for those increased costs. Minn. Stat. § 414.041, subd. s. If the most populous of the consolidating cities is a statutory city, the new city will be a statutory city with an Optional Plan A government. However, the new city may adopt an alternate plan or a city charter at any time. If the most populous of the consolidating cities is a home rule charter city, that city's home rule charter will govern the new city. Minn. Stat. § 414.041, subd. s. If the commission proposes a home rule charter for the new city, Municipal Boundary Adjustments may combine the issue of the adoption of the charter and the vote on approval of the order for consolidation into one question on the ballot, and submit it at a special or general election. Municipal Boundary Adjustments may recommend not less than three or more than seven wards. The city may abandon the ward system by a four -fifths vote of the council any time after two years. The provisions for approval of the consolidation vary depending on how the consolidation was initiated. Minn. Stat. § 414.041, subd. s. The ordinances of all the cities remain in effect within their former boundaries until repealed by the governing body of the new city. Minn. Stat. § 414.041, subd. s. The new city assumes the name of the most populous city, unless a majority of the cities or the consolidation commission passes a resolution selecting another name. Minn. Stat. § 414.041, subd. s. The consolidation will not reduce the number of license privileges in the included cities. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 1/3/2007 2:9 LMC 14amw 4.b&coo" womoav "MLW2 Advantages and Disadvantages of Reorganizing the City into Wards These are the standard arguments for both propositions. For the Ward System ❑ As citizens vote only for candidates in their ward, the ballot is shorter and simpler. ❑ Voters are more likely to have direct, personal knowledge about the qualities of those who seek to represent them, and thereby will make a more intelligent choice. ❑ After the election, the council member will keep in closer touch with his or her constituents. ❑ Insofar as wards have special interests, these will be represented. ❑ Insofar as wards contain distinct social, ethnic, and economic groups, the council will be a better cross-section of the population. ❑ If a minority is concentrated in one geographical area, the ward system increases its chance of securing some representation on the council. ❑ The campaign costs to a council candidate are lower. ❑ Election by wards tend to attract more candidates to run for office. ❑ Each geographical area of the city will be assured some representation. ❑ Council members will be able to have closer contact with their constituents and be more responsive to their needs. ❑ Council members elected by wards will be more accountable to the people who elected them. Disadvantages of a Ward System ❑ Ward boundaries don't necessarily delineate homogeneous areas. Therefore, may not be a ward interest that would justify separate representation. ❑ Voters in one ward may find there is no candidate in the ward they can wholeheartedly support, and that there is a candidate in another ward who would more fully represent their views. The ward system prevents these voters from fully exercising their freedom of choice. ❑ In some wards there may be difficulty in finding qualified candidates who are willing to run for office so that the voters' range of choice is restricted, and the quality of the council may be lowered. ❑ Wards encourage a spirit of localism since the basis of selection tends to be service to the ward, not to the city. ❑ Wards may foster a divisive competition for scarce resources. ❑ Politically active or special interest groups may be overrepresented by targeting certain wards. ❑ Once established, ward boundaries are difficult to change. Redistricting may be expensive. ❑ Election will be more expensive as more polling places and election judges will be needed. It may be more difficult for the voter to find the correct polling place. Cities 101 -- Elections Ll 016 At -Large and District ound \\ The form of municipal elections varies from city to city, with three common variations: some cities elect their local representatives by at - large elections, some by district, and some using a mixed system. The election system of a given city is determined by the nature of the council members' constituency and by the presence or absence of party labels on the ballot. With regard to the first feature, there are two types of constituencies for city council members: at -large and district. At -Large All at -large members are elected to serve the same constituency, which is the population of the city as a whole. At -large election proponents favor having council members elected by the entire city because: ► Council members in an at -large system can be more impartial, rise above the limited perspective of a single district and concern themselves with the problems of the whole community; 0 Vote trading between councilmembers may be minimized; and ► The number of candidates available for election tends to be larger. However, at -large elections can weaken the representation of particular groups, such as people of color, especially if the group does not have a citywide base of operations or is an ethnic or racial group concentrated in a specific ward. At -large election systems are prevalent at the municipal level and a considerable majority make use of at -large voting in some way. At - large elections tend to be more practical in small cities and more homogeneous areas. District These elections select a single council member from a corresponding geographical section of the city, called a district or ward. District election proponents favor having council members elected to represent individual wards because: ► District elections give all legitimate groups, especially those with a geographic base, a better chance of being represented on the city council, especially communities of color. Several court decisions have forced jurisdictions to switch from at -large elections to district elections, and in most cases the reason was to allow more representation by specific ethnic and racial groups acknowledging that the prior system was a denial of equal access to the city's political process. (See: McNeil v. City of Springfield, IL, 1987; and Williams v. City of Dallas, 1990; and Montes v. City of Yakima, 2014); ► District councilmembers are more attuned to the unique problems of their constituents, such as crime levels, small lot development, trash pick-up, potholes, and recreation programs; and ► District elections may improve citizen participation because councilmembers who represent a specific district may be more responsive to their constituency. However, councils elected by district elections may experience more infighting and be less likely to prioritize the good of the city over the good of their district. Larger municipalities tend to use district elections (Chicago and Philadelphia are examples). Mixed -System More than twenty percent of municipalities combine these two methods by electing some council members at -large and some from districts. Mixed systems which provide more district seats than at -large seats are more likely to stand Constitutional scrutiny. Sources Morgan, David and Robert England. Managing Urban America, 5th Edition. New York, NY: Seven Bridges Press, LLC, 1999. Moulder, Evelina. "Municipal Form of Government: Trends in Structure, Responsibility, and Composition." In The Municipal Year Book, 2008. Washington, DC: International City/County Management Association, 2008. Renner, Tari and Victor S. DeSantis. "Municipal Form of Government: Issues and Trends." In The Municipal Year Book, 7998. Washington, DC: International City/County Management Association, 1998. Svara, James H. Two Decades of Continuity and Change in American City Councils (http://www.skidmore.edu/-bturner/Svara%20citycounciIrpt.pdf). Washington, DC: National League of Cities, 2003. Tags FACT SHEET (/RESEARCH -PUBLICATIONS? 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