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6.0. SR 05-23-1994 MAY 1 2 1994 AGENDA ITEM 6. JAMES p, LARKIN ROBERT L. HOFFMAN JACK F. DALY D. KENNETH LINDGREN GERALD H. FRIEDELL _ALLAN E. MULLIGAN . ES C. ERICKSON ARD J. DRISCOLL NE N. FULLER JOHN D. FULLMER ROBERT E. BOYLE FRANK I. HARVEY CHARLES S. MODELL CHRISTOPHER J. DIETZEN JOHN R. BEATTIE LINDA H. FISHER THOMAS P. STOLTMAN MICHAEL C. JACKMAN JOHN E. DIEHL JON S. SWIERZEWSKI THOMAS J. FLYNN JAMES P. QUINN TODD I. FREEMAN PETER K. BECK JEROME H. KAHNKE GERALD L. SECK JOHN B. LUNDQUIST DAYLE NOLAN* THOMAS B. HUMPHREY, JR. JOHN A. COTTER" BEATRICE A. ROTHWEILER PAUL B. PLUr.~KETT ALAN l. KiLDOW KATHLEEN M. NEWMAN MICHAEL B. LEBARON GREGORY E. KORSTAO GARY A. VAN ClEVE* LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORWEST FINANCIAL CENTER 7900 XERXES AVENUE 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 GARY A. RENNEKE CHRISTOPHER J. HARRISTHAL MICHAEL A, ROBERTSON BRUCE J. DOUGLAS SHANNON K. McCAMBRIDGE WILLIAM C. GRIFFITH, JR. JOHN J. STEFFENHAGEN DANIEL W. VOSS JOHN R. HILL PETER J. COYLE MICHAEL J. SMITH VILIS R. INDE DWIGHT N. HOLMBO ANDREW F. PERRIN ANN M. MEYER FREDERICK K. HAUSER III MARY E. VOS LARRY D. MARTIN JANE E. BREMER RENEE l. TOENGES MARCY R. KREISMAN MARIEL E. PIILOLA DAMON E. SCHRAMM STEPHEN J. KAMlNSKI OF COUNSEL WENDELL R. ANDERSON JOSEPH GITIS MARK A. RURIK * A::'30 ADMITTED lr-.: WISCONSIN May 10, 1994 Mr. Patrick D. Klaers City of Elk River P.O. Box 490 13065 Orono Parkway Elk River, Minnesota 55330 4IJe: Ordinance for Mayor's Term of Office Dear Pat: Enclosed please for a four year any questions. find an ordinance amending the City Code to provide term of office for the Mayor. Please call if you have s~ Pecer K. Beck, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. kw Enclosure e PKB:JA2s e e e ORDINANCE 94 - CITY OF ELK RIVER AN ORDINANCE ESTABLISHING A FOUR YEAR TERM FOR THE OFFICE OF MAYOR The City Council of the City of Elk River does ordain as follows: Section 1: The Code of Ordinances for the City of Elk River is hereby amended to add new Section 202.01, as follows: 202.01 - Term of Office for Mayor The term of office for Mayor of the City of Elk River shall be four (4) years, beginning with the mayoral term commencing in January 1995. Section 2: This Ordinance shall be effective upon publication. Passed and adopted by the City Council of the City of Elk River, this ____ day of , 1994. Henry A. Duitsman, Mayor Attest: Sandra Thackeray, City Clerk "^, APR 7 f9g4 JAMES P. LARKIN ROBERT L. HOFFMAN JACK F. DALY D. KENNETH LINDGREN GERALD H. FRIEDELL _ALLAN E. MULLIGAN ES C. ERICKSON ARD J. DRISCOLL NE N. FULLER JOHN D. FULU\IlER ROBERT E. BOYLE FRANK I. HARVEY CHARLES S. MODELL CHRISTOPHER J. DIETZEN JOHN R. SEA TIlE LINDA H. FISHER THOMAS P. STOLTMAN MICHAEL C. JACKMAN JOHN E. DIEHL JON S. SWIERZEWSKI THOMAS J. FLYNN JAMES P. QUINN TODD I. FREEMAN PETER K. BECK JEROME H. KAHNKE GERALD L. SECK JOHN g. LUNDQUIST DAYLE NOLAN* THOMAS B. HUMPHREY, JR. JOHN A. COTTER* BEATRICE A. ROTHWEILER PAUL B. PLUNKETT ALAN l. KILDOW KATHLEEN M. NEWMAN MICHAEL B. LEBARON 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. AN DERSON DONNA L. ROBACK MICHAEL W, SCHLEY LISA A. GRAY GARY A. RENNEKE CHRISTOPHER J. HARRISTHAL MICHAEL A, ROBERTSON BRUCE J, DOUGLAS SHANNON K. McCAMBRIDGE WILLIAM C. GRIFFITH, JR. JOHN J. STEFFENHAGEN DANIEL W. VOSS JOHN R. HILL PETER J, COYLE MICHAEL J. SMITH VILIS R, INDE DWIGHT N. HOLMBO ANDREW F. PERRIN** FREDERICK K. HAUSER III MARY E. VOS LARRY D. MARTIN JANE E. BREMER RENEE L TOENGES MARCY R. KREISMAN MARIEL E. PIlLOLA OF COUNSEL WENDELL R. ANDERSON JOSEPH GITIS MARK A. RURIK * ALSO ADMITTED IN WISCONSIN G!=!E'3Q~Y E. KCRST./i.D **.40M!TTED ONLY !N GEORGIA GARY A. VAN CLEVE* APPLICATION FOR MINNESOTA LICENSE CURRENTL 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: Four-year Mayoral Term Dear Pat: 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 the 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 4Itpecial Acts adopted in the 1880's. The new City of Elk River is, by che terms of the Municipal Board's Order, a "Plan A" city as provided . LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ~r. Patrick D. Klaers _~pril 5, 1994 Page 2 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. _w cc: Mayor Henry A. Duitsman e PKB:IXOs e .i e II Elk Riw!r Mews Briefs MaV9r's .term o.n Monday. agenda A PUblIc heanng to consIder whether EI River's mayor should have a two-year or four-year term is scheduled for 7 p.m. Monday at City Hall, 13065 Orono Parkway. The mayor currently has a two-year term but the City Council is considering changing it to four years. Council Member Cecilia Scheel initially raised the issue ..early this,year. .. "I kind of think two years of anything in government doesn't give you much time," she said Thursday. ,,For example if a mayor has a project he or she wants to work .?n, Sche.e~ said it would be hard to complete it in two years. "i: ::::.;.:,,:: ',' ',.,. iL\H:Hi;:':': ',." "',:,:,.-. " -"',.,': :> .:i'.:"':, . ".' ;': .",::,.:.::, .:,,: :::,:}':' i"t:<.::.',::\',f ;':','";;,:-,,,;"';"; <::=:),:<:;,:,,> .. " :,:t, :c::~, r . .:--;,',.-....:-._. e .,: :.,;.".,;;,;o'IOll::'~">(':""~~~' :~:...:;...~_ ,- '~:~"~\~~,. ",. ..,....:; -:.,;,;,:-;;.-.. ,>. ,;".'. __"'~'___h_.",. >::.?;:.: :;:: L<:<>h: !.-,: ::;V,;.,i<;',.": :::\>::: -:-: \::) ': :,:: ,>i' : /)':::;::: "'; -';',' "-. '-:, .',.:..." :;-::-:':',';':: .,.,:,_:,::" -d'-' :-:,,_': ::-(-.::' :': - :,' ';':':, -;,:. ':, >>' ',:: ";<>::':::':::,:,ii'::;::,::'(';_,.>::'.::;'.:; :: ::,.: :,L:.(;: :.",:_ <: ':;:-:>:: i:::'1 ':':: :-<-< ,: ,; ,: '-;., ,"':" ',' """"-,' ''''''>'; "', "',, ,., :,; :--:>./; t::::,:: ::::~::' ::: :)/::-: :';: _;' ::; -- ",',. ,: ". . , '. , ',' -",' '. ' " -' d: , .; .;..,~ '-;.._~ "~~"__"'''' ..~ ;..~....__ ....~.._....._~___ ~_""'_h"_~""'", '. .. .......... Public Hearing Date: Monday, May 23,1994 Time: 7:00 p.m. Location: Elk River City Hall, 13065 Orono. Parkway . The City of Elk River currently has a two-year Mayoral term of office. The City Council is considering changing the two-year term to a four-year term. According to State Statute, the Council may, by ordinance, establish a four- year term for the office of Mayor. The City Council is.seeking citizen input on this topic. All interested Elk River residents are encouraged to attend )h,e. C~WD.Sil.rn~~.t\~fJ)P1 voice th~ir op,ioions on this subject. '.." L ,If you.'cam\ot att~ridJhe meeting, contact the Mayor or;l, ~,(f:Jd'.' your CounCilmemberwith.your comments.rega~~ing.tfiiS'v /'/> issue. " For more information regarding this matter, contact the City Clerk or the City Administrator at 441-7420. Sandra Thackeray City Clerk City of Elk River e Date: ~ay 1 } , ~ , 1994 To: ~ayor and Councilmembers From: Gene Schuldt Subject: Four-year Mayor's Term The mayor has suggested, and is seeking, to have the term of his office increased from two to four years, commencing with the 1994 election. As stated in the Star News article several weeks ago, he sees the need for spending time to become acquainted with the problems facing the City of Elk River. He also states that a four-year mayoral term could prevent a change in council majority from occurring at two-year intervals. . I will address the last point first. The voters and citizens of Elk River should have the opportunity to change the composition of the council majority every two years if they see the need to do so. The election of mayor on a two-year basis allows the people to change the Council majority if their needs are not being met or their voices not being heard. This becomes crucial because it is the only seat on the council that is elected by voters city-wide and not on a one-ward basis, as are the four Councilmembers Elk River has a weak-mayor formate in government. He does not have the authority to veto, nor any other kind of extra-ordinary powers. The mayor has one of five votes, one of five opinions. No more, no less, and the majority rules. The mayor's biggest job and responsi- bility is that of leadership. He is the spokesperson for the City of Elk River and is, therefore, the City's representative at various meetings and functions. The mayor projects the image of what Elk River is perceived to be and the policy of its' government. If the mayor falls short in that duty, it will become noticeable w thin a two-year term of office. It would be a mistake to double t e term, thereby doubling the length of a potential term of ineptnes I disagree that it takes two years to understand what ms and issues are facing the city. Even a rookie pOlitician know and understand basic issues within a reasonable time. In f ct, I find it hard to believe that anyone would run for mayor, or for councilmember, without first having an understanding, to s me de- gree of city issues and problems. That insight is usually the motivation for a candidate to run for office. . Some would contend that a four-year mayor's term is necess ry in order to pursue a personal agenda. That is an excellant r ason for leaving it a two-year term. There could be a vast differe ce between what a mayor wants to do and what the people want to have Elk . e . River's rity Council, Mayor included, has not yet become a pc larized council, such as in the greater metro area. In those govermEntal arenas, the councilmembers play party pOlitics. What is morE, the mayor is set apart from the council and presents separate bu gets and agendas for action, and power struggles are not uncommon Our local government has not deteriorated to that level and, for our own good, it never should. If serious consideration should be given to extending the ma or's term to four years, this is not the year to do it. It would be of greatest importance to have a four-year term run concurrent with the national Presidential election when Voter interest is at a m~ximum. Off-year elections are sometimes characterized as "back door" because candidates supposedly try to slip into office when voter int~rest is 10\ves t . There is only one saving grace of a four-year mayor's term, and that is campaign fund-raising. It is so much better for a candidate to handle that chore as seldom as possible, I am sure, but that is the worst reason for making a change. To do so, would put the !eason for change on a self-serving basis, and not what would be best for the City of Elk River and its' citizens. I strongly implore thE Council to leave the mayor's term at two years. It is more essentic1 that the people have that flexibility than it is for any mayor tc have extended job security. Jk ~ a+/'- ~~. . . !/ ,fi~ -;t: t^- jut<k;v1j " J . ;tt;;,1/' . _ . /[,/I'} vt- { r7/f J'^ J)v-U~~ zt;;~l ,7Cf~~ ( .~ ~ t:~ .' --r: /.- ~~~l //fYl.(Af~ ~. I / f _1./ /~/ ~.../:"ji/ ~~ ;fL'; -' i / ~.' -:>._/"-- \ . //\.....-' ,/