4.1. SR 04-21-1994
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IIi{ River
ITEM 4.1.
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
FROM: PAT KLAERS, CITY ADT~RATOR
DATE: APRIL 21, 1994 ~
SUBJECT: MAYOR'S TERM OF OFFICE
At the March 21, 1994, City Council meeting, the Council decided to move
forward with a proposed ordinance amendment that would change the
Mayor's term of office from 2 years to 4 years. On 3/21 the Council decided to
hold a public hearing in May to receive public input on this proposed
ordinance and change in the Mayor's term of office. At this 4/21/94 meeting it
is appropriate for the City Council to call a public hearing date for
considering this ordinance change. At this time, the best date appears to be
on Monday, May 23, 1994, at 7:00 p.m.; provided that all or most of the City
Council came to make this meeting.
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This public hearing date should be in May in order to ensure that an
ordinance change takes place 4 weeks before the closing of the filing for the
position of Mayor (July 19, 1994). In order to appropriately advertise this
important public hearing, it is suggested that the City run a 1/4 page display
add on this public hearing in the May 11 and 18, Star News editions.
Additionally, we may be able to get the Newspaper to run an article on this
potential change in the term of the Mayor's office.
Attached for your information is a 4/5/94 letter from the City Attorney
regarding this potential change in the Mayor's term of office.
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cc- mayor/council
P.o. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
APi 7 ISHt
JAMES P. LARKIN
ROBERT L. HOFFMAN
JACK F. DALY
D. KENNETH UNDGREN
GERALD H. FRIEDElL
ALLAN E. MULLIGAN
.ES C. ERICKSON
WARD J. DRISCOLL
NE N. FULLER
JOHN O. FULLMER
ROBERT E. BOYLE
FRANK I. HARVEY
CHARLES S. MODEll
CHRISTOPHER J. OIETZEN
JOHN R. BEATTIE
LINDA H. FISHER
THOMAS P. STOLTMAN
MICHAEL C. JACKMAN
JOHN E. DIEHL
JON S. SWIERZEWSKI
THOMAS J. FLYNN
JAMES P. QUINN
TOOD I. FREEMAN
PETER K. BECK
JEROME H. KAHNKE
GERALD L. SECK
JOHN B. LUNDQUIST
OA YLE NOLAN.
THOMAS 8. HUMPHREY, JR.
JOHN A. COTTER.
BEATRICE A. ROTHWEILER
PAUL B. PLUNKETT
ALAN l. KILDOW
KATHLEEN M. NEWMAN
MiCHAEL B. LEBARON
G~E!:ORYE. !(C~STft.D
GARY A. VAN CLEVe-
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1500 NORWEST FINANCIAL CENTER
7900 XERXES A VENUE SOUTH
BLOOMINGTON, MINNESOTA 55431-1194
TELEPHONE (612) 835-3800
FAX (612) 896-3333
DANIEL L. BOWLES
TIMOTHY J. McMANUS
TIMOTHY J. KEANE
ALAN M. ANDERSON
DONNA L. ROBACK
MICHAEL W. SCHLEY
LISA A. GRAY e
GARY A. RENNEKE
CHRISTOPHER J. HARRISTHAL
MICHAEL A. ROBERTSON
BRUCE J. OOUGLAS
SHANNON K. McCAMBRiDGE
WILLIAM C. GRIFFITH, JR.
JOHN J. STEFFENHAGEN
DANIEL W. VOSS
JOHN R. Hill
PETeR J. COYLE
MICHAEL J. SMITH
VILIS R. INOE
DWIGHT N. HOLMSO
ANOREW F. PERRIN"
FREDERICK K. HAUSER III
MARYE. vas
LARRY D. MARTIN
JANE E. BREMER
RENEE L. TOENGES
MARCY R. KREISMAN
MARIEL E. PIILOLA
OF COUNSEL
WENDELL R. ANDERSON
JOSEPH GITIS
MARK A. RURIK
. ALSO ADMITTEO IN WISCONSIN
**A!)MITTEn ONLY IN GEO~mA
APPLICATION FOA MINNESOTA
LICENSE CUIiRENTL Y PENDING
April 5, 1994
Mr. Patrick D. Klaers
City of Elk River
P.o. Box 490
13065 Orono Parkway
Elk River, Minnesota 55330
.e:
Dear Pat:
Four-year Mayoral Term
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This letter is in response to your request for clarification regarding
the procedure by which the City of Elk River may establish a four-year
term for the Office of Mayor.
Minnesota Statutes Section 412.022 provides that the City Council of a
statutory city, by ordinance, may establish a four-year term for the
Office of Mayor commencing with the ensuing term. This statutory
provision is applicable to th~ City of Elk,River, and this is the
procedure which should be followed to establish a four-year mayoral
term.
It is my understanding that the League of Minnesota Cities has
questioned whether this statute applies to the City of Elk River
because their research indicates that the City of Elk River was
incorporated by special legislation which does not provide for a
change in length of the mayoral term. It is true that the original
City of Elk River was incorporated by special legislation enacted in
1881 and subsequently amended in 1885, 1887 and 1889. However, by
order of the Minnesota Municipal Board, adopted October 31, 1977, the
original City of Elk River and the Town of Elk River were consolidated
into the new City of Elk River. The consolidation effectively
abolished the original City of Elk River which was governed by the
~ecial Acts adopted in the 18801s. The new City of Elk River is, by ~
...ne terms of the Municipal Board's Order, a "Plan A" city as provided
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
.. Patrick D. Klaers
ril 5, 1994
Page 2
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in Minnesota Statutes. Therefore, Chapter 412 of Minnesota Statutes,
including Section 412.022, applies to the City of Elk River.
Pursuant to Section 412.022, the Elk River City Council can establish
a four-year term for the Office of Mayor by adopting an ordinance so
providing. The four-year term will be effective for the mayoral term
following adoption of the ordinance. Therefore, if the City Council
adopted an ordinance in 1994 establishing a four-year mayoral term, it
would be effective for the mayoral term commencing in January 1995.
The Council could not, for instance, adopt an ordinance at this time
establishing a four-year term effective for the mayoral term
commencing in January 1997.
Please call if you have any questions.
sv~
Peter K. Beck, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
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cc: Mayor Henry A. Duitsman
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