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ity of <br /> <br />MEMORANDUM <br /> <br />Item 4.1. <br /> <br />TO: <br /> <br />Mayor and City Council <br /> <br />FROM: Sandra Peine, City Clerk <br /> <br />DATE: August 24, 1998 <br /> <br />SUBJECT: 3 Petitions Received by Cecilia Scheel <br /> <br />INTRODUCTION <br /> <br />Cecilia Scheel submitted three petitions to the City Council at the <br />8/17/98 Council meeting. Prior to submitting the petitions, Cecilia <br />called city hall and asked about the possibility of including the three <br />issues in the petitions on the ballot. I informed her that the law <br />allows special elections only on questions the council is authorized <br />by law or charter to submit to the voters. Statutory and charter <br />cities must find specific authorization for a special election in state <br />law or the city charter. <br /> <br />Prior to addressing the following three petitions, it should be made <br />clear that the City of Elk River is a statutory city, whereby the city <br />derives its powers from Chapter 412 of Minnesota Statutes. All <br />statutory cities' powers are directed and authorized by the <br />Minnesota Legislature. The City of Elk River operates under <br />Minnesota State Statutes and its City Code of Ordinances. The City <br />of Elk River does not have a charter. <br /> <br />PETITION #1 ..... It is the wish of the undersigned to change the <br />charter of the City of Elk River, Minnesota. We therefore petition for <br />a referendum vote that all voters of the City may vote for the Chief of <br />Police. <br /> <br />RESPONSE ...... Because the Elk River is a statutory city, this cannot <br />be done. There is no provision in State Statute to require the Police <br />Chief to be an elected position. <br /> <br />13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 * TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 <br /> <br /> <br />