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HomeMy WebLinkAbout1988 03-30 CHCA BROOKLYN CENTER CHARTER COMMISSION MARCH 30, 1988 7:00 P.M. CITY HALL AGENDA 1. Call to Order 2. Roll Call 3. Approval of January 27, 1988, Minutes 4. Correspondence 5, Old Business A. Sub Committee Report on Ward System 6. New Business 7. Next Meeting Date 8. Adjournment I BROOKLYN CENTER CHARTER COMMISSION SUB COMMITTEE ON WARD SYSTEM MINUTES MARCH 9, 1988 CITY HALL CONFERENCE ROOM A Members present: John Lescault, Dennis Kueng, Tony Kuefler, Marie Castle, Barb Sexton, and Edward Commers Also present: Phil Cohen The sub committee on the ward system was called to order by Chair Ed Commers at 7:05 P. M. Ed Comm ers asked whether the committee should do a survey; who should be surveyed; what should the survey say. Marie Castle stated in reading over all the material presented, people seem to be happy with whatever system that they have, and that maybe we should survey randomly only Brooklyn Center residents. What to ask citizens was discussed; would pros and cons be stated? Ed Commers questioned whether we should survey cities of like size, Dennis Kueng stated we should formally decide on whether or not we should proceed on this issue and then what should we do and how will we do it. Motion by Marie Castle that we proceed on the studying of this issue on the ward system; seconded by Dennis Kueng; passed unanimously. Dennis Kueng suggested that the Charter Commission hold public hearings on this subject instead of a survey; Ed Conn rs suggested doing a survey and at least two public hearings. Other suggestions included polling the mayor and council members for their opinion and use of neighborhood advisory committees. John Lescault reiterated his reasons for wanting this issue studied at this time. As Brooklyn Center is entering into a redevelopment stage, he feels the council members need to be more accountable to the citizens in a particular area; having that type of system would probably encourage more candidates to run. After much discussion about how we should proceed and no consensus, a motion was made by John Lescault, seconded by Marie Castle, to bring these thoughts to the next full Charter Commission meeting to be discussed to get the full charter commissions's opinion and input. Motion passed unanimously. Motion was made to adjourn at 7:50 P.M. RK pectf�aly sub,m d pectf Mi 4 t I Carole J. wers, C.P,S. Administrative Assistant Chair of Sub-Committee: Ed Commers Chair of Commission: Mary Heitzig Secretary: Barb Sexton X E M 0 R A ti D U X TO: John Lescault Barb Sexton Tony Kuefler Marie Castle Mary Heitzig Dennis Kueng U FROM: Ed Commers, Chair Sub Committee on Ward System DATE: February 29, 1988 Enclosed you will find a list of Minnesota cities with more than 10,000 population. Also enclosed is information on systems dating back to 1965 and 1975. Please look this over as it does contain some information that is worth noting. See you at the March 9 sub committee meeting at 7 P.M. in Conference Room A. cb Encls. FROM 1987 DIRECTORY OF MINNESOTA CITY OFFICIALS 1 February 18, 1988 CITY POPULATION Albert Lea 19,200 Anoka 15,634 Apple Valley 21,818 Austin 23,020 Bemidji 10,949 Blaine 28,558 Bloomington 81,813 Brainerd 11,489 Brooklyn Center 31,230 Brooklyn Park 43,332 Burnsville 35,674 Cloquet 11,142 Columbia Heights 20,029 Coon Rapids 35,829 Cottage Grove 18,994 Crystal 25,543 Duluth 92,811 Eagan 20,700 Fairmont 11,506 Faribault 16,241 Fergus Falls 12,519 Fridley 30,228 Golden Valley 22,775 Hastings 12,827 Hibbing 21,193 Inver Grove Heights 17,171 Lakeville 14,790 Mankato 28, 651 Maple Grove 20,525 Maplewood 26,990 Marshall 11,161 Minnetonka 38,683 Moorhead 29,998 Moundsview 12,593 New Brighton 23,269 New Hope 23,087 New Ulm 13,755 Northfield 12,562 No, St. Paul 11,921 Oakdale 12,123 Owatonna 18,632 Red Wing 13,736 Richfield 37,851 Robbinsdale 14,422 Rochester 57,906 Roseville 35,820 St. Cloud 42,566 FROM 1987 DIRECTORY OF MINNESOTA CITY OFFICIALS 2 February 13, 1983 CITY POPULATION St. Louis Park 42,931 Shoreview 17,300 So. St. Paul 21,235 Stillwater 12,290 Virginia 11,056 West St. Paul 18,527 White Bear Lake 22,538 Willmar 15,895 Winona 25,075 Woodbury 10,297 Worthington 10,243 Minnearolis 370,951 St. Paul 270,230 GARY R.CURRIE STATE OF MINNESOTA EILEEN M. BAUMGARTNER HOUSE RESEARCH DEPARTMENT BARBARA M, DIAMOND GAIL HANSEN DZNNiS VV. HAPPEL w c� JOHN HELLAND i 1 ALAN R. HOPEMAN ',_T'�IS KEVIN P. KENNEY November 6, 197 JAMES NOBLES F. SARA L. PETERSON THE CAPITOL SAMUEL W. RANKIN ST. PAUL 55155 L£ROY H. SCHRAMM (612) 296 -6753 THOMAS M. TODD FRED VESCIO JOHN WILLIAMS BARBARA H IKES ADMINISTRATIVE ASSISTANT TO: Representative William Luther FROM: Dennis Happel, Legislative Analyst RE: The Pros and Cons of the Ward System of Election of City Councilmen I did not have any knowledge personally of the pros and cons of the ward system of election. I did approach Lois P- Iizuno who has had some personal experience in this area and she summarized very briefly in her opinion the pros and cons of the ward system. (See Attachment #1.) I also obtained a bulletin from the League of Minnesota Municipalities which waspiblished in 1965 which has a discussion of the ward system in general. I also enclose that for your convenience. Very briefly, it appears that both of the sources agree that the pro aspects of establishing a ward system are: (1) There is a better relationship between the voter and the councilmen since the councilman has a certain definite area to represent and, therefore, the constituents can make a more intelligent choice of councilmen and can keep in closer touch with the councilmen; (2) There is a more simple manner of running for office and it is easier to conduct the election process since the ballot is shorter and the candidate's area is smaller in geographic size. The con arguments are: (1) The vote of the council person tends to be more parochial and, thus, benefits only a specific section of the city rather than the whole city. There are a number of other pros and cons that are varia- tions of the ones I've mentioned above, which are enclosed in the two sets of materials I am sending. For the most part, there does not seem to be any real technical problems with establishing the ward system. The main problems in- volve theoretical practicalities regarding the convenience cifg;%.n Rep. William Luther -2- November 6, 1975 or the representation of one system over another. I hope these materials answer your questions. If you have any further questions, feel free to call me at 296 -5055. DH/ j h Enclosures WARD SYSTEM Pro (From Voter's Viewpoint) 1. Better chance to know councilman who represents him /her. 2. Greater "accountability" voter knows who to contact for help, who to complain to. Councilman can't .hide in a crowd. 3. Minority political /ethnic /social better chance of being represented. 4. Smaller chance of one -party control (which happens even or especially in a 'non partisan' election.) (From candidate's viewpoint) 1. Cheaper to run in smaller geographic area. 2. Easier to vote as a representative of a specific constituency. Con 1. Tends to be more parochial. Benefits to ward beat out benefits to whole city. 2. Prestige of position is less than that of at -large councilman. 3. Chance of defeat of incumbent are greater than in an at -large election (which is a disadvantage to incumbent, not to voter.) league ®f minnescta municipalities 300 hanover building. 480 cedar st., saint Paul, minn. 551 O 1 aa assn 6i� ao�r for municipal officials 140a.. 2. Revised: September, 1965 THE WARD SYSTEM OF ELECTION OF X A cwt P CITY COUNCITJ EN d Contents Page Part I Discussion of the Ward System A. What is the Ward System of Election 1 B. Arguments for the Ward System 3 C. Arguments Against the Ward System 3 D. Compromise Proposals. 4 E. Revision of Ward Boundaries 4 Part II Actual Provisions of Minnesota Charters Part III Council Composition and Method of Election in Minnesota Cities A. Cities Operating Under Home Rule Charters 9 B. Cities Operating Under Special Charters or General Acts 14 TI Vlt1RD SYSTEM OF ELECTION OF CITY CoiJivClT -1/1EN Part I Discussion of the Ilard System A. What is the T -lard System of Election B. Arguments for the Ward System— C'. Arguments Against the Ward System D. Compromise Proposals E. Revision of Ward Boundaries A. What is the hard Svstem of Election? The ward system is a method of election in tinich the city is divided into dis- tricts, theoretically of equal population. From one to three councilmen are elected by the residents of each of these wards. Residence in the ward is almost invariably required of the candidates. Usually, only one councilman at a time is elected from each ward. This means that, when more than one councilman represents each district, the whole council is only partially renewed at any election, and there is some con tinuity of experience in'the governing body. Continuity may also be secured by electing from half the wards at any one election. Although the ward system was introduced into this country in 16$6 by the Donlon Charters granted to Albany an' New York City, it attained its greatest vogue in the 19th century. At the present time, Americans prefer the method of election at lame; about 61% of all municipalities over 5,000 population elect all council members at large. It should be noted, however, that only 44% of the mayor- council cities use the at -large system; 22% elect by wards, while 17% combine the two ethods. In Minnesota, the at -large and the combination system have been preferred over the ward system during the last fifty years. Of the five new charters adopted since 1960, two provide for at- large elections, one for election by wards and two for a combination. p :Cl AI<.TER rITIE3 :U3,ING NETHOD:'0 L xON 111 Cities ',i first Glass Second' Class Tliixd:. Class t, fourth Class 7.922 '':194�� 1,'C4• 1 92 194f 'x.964 ..;.1922` .-1546 1964ry 1922' X 9b �r 1922 ].946 1964 No. of 17 55 65 '2 Cities 6S'`' 7$ 92 3•• 3 3 4' .2 7' o At l,ar�,e 35%.; 397e 407e 6b ta3 (e 331/ l e 33�C3% 0� 50 50 t,37. r 24 337e 331/2 ry. 457 v i. ,r• �}1;% 25 /e 24 u� /i 21% tdards 2 24 22(e 33I re �3 �/e 331137. 0. 0 'r 0% 4• 371 1 7 nation 40�•:s 37% 337. 0 331.6"1 331/1% 01 50 -40% �7! 371jL2, 357 417. 37� 34 z -3- Arguments. for the '(lard System 1) .the citizen votes only for candidates in his ward, and in no other, tiie ballot, is shorter and simpler. Tile. eater is more lilcey to have direct, persanzl knowledge about the �':quaiities'.of those tiho seek tQ represent him, and thereby -sill make 'a more :intelli•- 'gent choice, After election, the councilman will keep in- closer touch with his.con- stituehts.. (3) Insofar as wards have special interests, these will- be represented, snso -ar as wards contain distinct social,. ethnic, and economic groutis, the council wall be a better cross section of the population. -_(4) If a minority-Js concentrate6in one geographical area, the ward system wssures it of securing some representation on council. 7. C. Ar?iiments AGainst the ''Ward Sys As a valid answer to (3) above might be said that in fact'ward'bound- aries rarely delineate homogeneous aregs_. They tend.to be artificial or merely traditional lines. Therefore,.. there is rarely a ward interest or a ward "personality" that would justify separate representation... (2) The last argument listed in favor of ward elections is only one side of the coin. A voter residing in one ward may find there is -no" candidate in his area 0 whom he can wholeheartedly support, and that there is a candidate in another Hard %ho Mould more fully represent his views. The ward system prevents this voter from fully exercising his freedom of choice,: One premise of the ward system is that Oren group themselves geographically_ in' fact,. this is not completelytrue.v Other groupings; such as ;iationaiity economic Position and social class, are equally compelling. -A geographic location cannot be said to comprehend ail other_ loyalties. (3), Since residence in the, ward is an almost universal requirement for can-di- dates some curds have no; top- notch_aldermanic material.': So the voter's ran;e of choice is restricted, "and the quality' of the council is.. likely. to be lowered. (4) The system results in...up..equal,-representataon. Even if the city is not gerrymandered, natural- population soon render the wards unequal in numbers. The well.- icnocm fact that, once..established, ward lines are extremely difficult to change perpetuates ttze inevitable inequities.. A final consider4tion is that a� minority group may completely domi.rate the council by winning in a majority of the wards. (S) The chief weakness of the system ALs that it encourages a spirit of localism. The basis of selection of councilmen tends to be service to the ward, not to tine city. Am increase in trading and log- rolling is the result, and the alder- man who returns to his ward with "clean but empty hands" is less likely to be O re- clected. Finally, it is only a step from representati local interests to representation of the private interests that dominate the tt =ard. D. Compromise Proposals The objective of any electoral system in a democracy is to'reconcile` adequate minority representation with majority control Neither the ward nor the at- largn systerzr� art .ures.. ;:thi s- ;Z 9ccur. An ;:ev.ery eldction, ana as a resu? t, neither system_k�as. forced :aitt .the other; ,'c* have sought a :'solution by c6A _ttre twa',tnethocls. Sore elect ,at ,'larae -but nominate by Urards others elect•part',. ao of the.,council by wards, and Part at lar -e. The latter compromise has worked reasonably well in small cities because a council of small size, which works with more: di" IaaL ,than a;Zarge,. un:• i aldy. body,' may be preservdd"..without so e :cpandi n- the.,,size :af the.•��ards_ that.. close contact between, councilsi ari and constituent is j destroyed'. ......t• s'� ,..A. :r,amprpp.1se .that,rejects both---the-traditional' and the ward'-system is Pioporional Representation,,.. Tbis: method of preferential voting; tjhich is'cie'sigi�2d to secure majority control and minority representation, is beyond the scope of this memo. It was once used in Hopkins, Minnesota but was abandoned after about 10 years use (For those who are interested in this, as well as other aspects of the, _.selec 4ax�anization,, ard duties q .councils, the '£ollo�,�ing'lbooks `0 I be of value_ Anderson .and k7pidner.,. A ner i -c2n. Ci ty; :Government; :Knei.e v I in' the dnited._ States Xrev, 4d.); ,X unr.o., The •Government.. Amcrica i Cit -ies' (4th ,_ed Zinn, Government of Cities in the United States.) ti ter._ E. Revision -of Ward boundaries t Ward lines should be changed periodically to- reflect population shifts'in order to give equality of representation in city councils. Recent decisions on re.appor- tiontnent by the United,State Suprene Court re ardin the "bne man ope ;vote con- cept wi 11. 5ay.e an effect on the r. evision' of ward boundaries.' The findiii ,s in Baker .v. Carr., 369: U. I$6 and Revho -lds •v. Sims" M S Ct, `136-, e been niter 1 preted as applyin to local as well as state- governing bodies;" In 1964. "'a Michi -an court held that�the equal protection clause of the Fourteenth �'�mcni�nent recuires a County board..of sv :t.o meet Ahe basic `stafidard ad the le islatuxe.. �Also.,see. Ellis �v, Flavor and -Ci". Council of taltirror e; 234 F. Supt. 945 *arid Stet e ex Sonnei�orn v. Svlvester :132 :.�?,tJ,. 2d •21E9 -(1965; Suprei'. "Court of LJisconsin). Seger city charters contain: provis{ olis to ins`tire re :g filar rea per tionment of city, N-7,7 ds'. .For instance, -the KLnneapolis charter reqrziri the' read jiffs trtent of ward boundaries within three: months after-each decennial 'census' 'according Co :stand- arils ;delineated in the ci }arter.,, such as the population of 'cacti ward mus t` not •vi�iry. more .tha ..57, from the average; each,Iward must 'be canti; uous arid. compact,' and official census fi ;ures crust be used. If the city council: fails to act, a ward boundary commission consistinS of the mayor- comptroller and treasurer of the city readjusts the. taard linos.. :r:.•• The ,provisiq�i i.n the St. Louis: Parlc charter s z' bounuari�s 'o ncc u t r states... Til4 Eger w4rds shall be rcdetermi.ned. f -tuna to time bj ordinances duly adopted_ by the council, and ba,5ed,o,n firrdin -s of •.the 'council• that the•i'vards- as re dctdr1L ned re Of•as near e'cIu.A sire in :both, population. and. ;a.;,�.pructicable: "After each decennial census of the United States, the council shall redeterr -Ane ward boundaries, and if the council shall fail to do so within a period of two years after the official certification of the decennial census, no further re oulo- ration shall be paid to the mayor or councilmen until the wards of the city are duly redetermined as required by this charter." :.Part 11 Actual Provisions of Mi.nneso,a'Charters The followin- e.ccerpts from charters are illustrative of the variety J. ri used in Minnesota cities.* :l, Crookston (1961). one councilman from each ward; overlappirn terms. Section 2.04. Elective Officers and Elections. The elective officers of .:.the city shall be,one mayor, one alderm, from each ward in the city, and two justices of the peace, all of whom shall be qualified electors of the said city, elected in the manner hereinafter provided. The aldermen shell be elected for terms of four years by the voters of the respective ward such alderman represents and he shall serve until his successor is elected and has qualified. All other elective officers shall be elected for terms of two.years and until their successors are elected and•:have have qualified. The election of aldermen shall be so arranged that' alderm2n from each odd numbered ward shall be elected at one regular municipal, election and aldermen from each even numbered card shall,be elected at the ,next re;;uler municipal election. Terms of elective officers shall begin on the first 1Ionday of January followin- the.date of the municipal election when such officers are elected, -An alderman must be a resident! of the ward he represents on the city council. The City Council shall- consist of the rlayor and one alderman -from each ward. The election, qualification and term of office of a municipal judge shall be gc,verred .by the general laws of the State of Mlannesota. 2 f FsrpUS Palls 1956 Two coLncilcren -frore each ward, ove::lapping terms Section 2.01." Number:' umber Selection: Term: The Council shall be` composed of eight (S) Councilmen, two (2) of whom shall be selected ,from each ward for a term of two ;(2) years each, except -as hereinafter :provided. At the first City election held following th'-_ adoption of this charter, four (4) Councilmen, one (1). from each ward shall-be elected for a term beginning on the second Tuesday of April l- irmlediately following such election and ending on the last day inclusive of.the second December thereafter. At the second City election following the adoption of this charter four (4) Councilmen, one.from each ward, shall be- -elected for a'term beginning on the-second Tuesday of April immediately following such election and ending on the last day inclusive of the second December thereafter.�:At each and every City election thereafter, four (4) 'Councilmen-, one (1) from each ward, shall be elected for two (2)_yedr.terms. Each aldermaii.s ?call serve until his successor is elected and qualified. 2.02. A. member of the Council shall be a qualified _elector of the ward which he represents and shall mold no other public office incompatible with the office of Councilman,. 3. I -lest St. Paul (1962). Two aldermen from each ware; non- ovcrlapping terms. Section. 2.03.. Elective Officers. The`Council shall be composed of a maypr•.and six (6) aldermen. The Mayor, Municipal Judge and Constable J -6- shall be qualified electors and shall be elected at large. Two (2) aldermen shall be elected.;from.each aldermanic district and shall be qualified electors. The 2•iayor, Aldarmen and the Constable shall be elected for terms.oE..tc�o: (2) •_yea;;s, and the 2Iunicipal Jucjg,e for a term of six (6) years :•l� n Rapids (1959; :amerided,1951); _One councilman. }roy� each.zzaru; one councilman at large; overlapping terms. The-•19 -to Section 2;03 .provides for a tayor and,one.councilman to be elected at large in alternate years (for terms of 2 years); for •t', three. councilmen to be-elected one from each of thrde wards s tag&ered ,.emerms (for terms of 3 years) and for the.city to.be divided into three .j wards. i... :.5;..; Glencoe (1957) -.One courcilman from :each.wa�d; one' counci?�ran -at- large: ..,Section 2:01. Elective .Officers; :electivd kofficers of the City of :V Glencoe '-shall %themselves b.a qualified voters of tae City of _Glencoe and .shall b.fe elected by• the ;vote of the qualified voters of said::city and 'shall conaiat of -a.14ayor,..:one Alderman a resident' of each 'Ward, one Alderman at- Large, 'a Yiunicipal Judge;: and a Spec i I Munici,3al- Judge. -Section 2 .q5. -Term ;of 'Of fice. The term of office`ofI Judge and ~Special liu i.cipal 'Jud ;e shall be _four' }ears ra :The ter of office :.:.of -the -Mayor and Aldermen shall be two yors, e.;cept that the.. term of the irst Alderman at: barge .elected hereunder shall. be for "one •yar only and ,thereafter•:,for ttao years 3n= order that thereafter the i�iayor and Alderman at Large shall be elected in alternate 'years=. The `term of office of appointive officers, except Co;aaission members, shall not exceed two years, az c� ;terms ;of all 'such appointive oi:fiezrs shall: �dxp ze .with the term of the 2a-yor. The term of office of each officer elected hereunder shall to=. ncG- ,on'the-first: day o£ Apxil in the year in'which- hd'Was elected. A11.'affxcers_; both "Qlect-ive and appointive. shall hold office -until their a r e elected or 'appointed and qualified. E•lective' officers whose t�: ::terms have ..not a3cpired at. _the 2 .time, �of the first: election following the i o clbptitrn of rthis Chaxte;cr ;hali continue to hold off: to to the expiration r -of he.._te= -•for which originally elected. 6 Northfield (1961). One councilman from each ward; three councilmen- at-large; oveJapping terms. �_.Seetion 2.3. Elective. Officers,. .:The counc-i <l. shall be composed oz a mayor and sx:councilAZen taiio •5ha•11 bc. qualifryed­cl:ectors. One councilman shall. be elected ;from each ward. -and three coinci. shall be elected at large. E h c4unci.lman -shall serve for -a .term -of three °y arp''acid. until his successor -is.,. elected._ancl. qualifies:, e�cdpt :that nt the- first-election held after the adoption; of -thl-s• charter the candidate. for councilman at large frora the first ward shall serve for one year, the candidate for council- R .span at, -J ^r�Q ;.frc�ri :the' second: vard shall serve for two years' :the candidate for, councAlri;nri at. large..from the. third..x:ard sha?l•serve-:fb1 three years. The candidate .fo,Y at••.l.arge :having. the hi Bast' •hunibar of votes shall serve for three years, the next candidate for councilman at large havi,nd neYt,•higbeSt; riumb_ o f'. Votes shallz`'%:u fcx'• twq j?ai."i'. and the next candidate for councilman at large having the noxt highest number ;y ,of .votnY F BI serv_a :fox,•onc, year. The r pnyor. 3hnII serve' for a term of ,,twQ ,yc�ars anti? -:Dis uc.cessbr is elected c :6d qualifies Jam (1951). Two councilmen from 'each -ward; one councilman- at- la r-e; c terms. Section 3. Elective Offi -cexs. The elective officers s -of the city shall be the members of the counci.l,, iticludin- the mayor, and two justice- of the peace all of whom.shall' oua]ified electors of.said city. The mayor shall bald his office for the L ,of two years and the ald ern ers shall hold their offices for the term of four years, all commencing on January 2nd, next followin- their election and until their successors are elected and qualified, except that at the first election held after the adoption of this amendment, the candidate for alderman in each ward havin- the hivhest•number of votes shall serve for four years, and the candidate in each ward bavim- the next highest number: of votes shall serve for two years and the alderman at large small serve for two years. The Justice, of the peace shall hold their respective offices for the term of two years, commencing on January 2nd, next following their election and until their -successors are elected and qualified. Section 9. Council. The council shall be composed of the�nayor anal five aldermen, two of w'nich aldermen shall be elected by and from the electors of each ward of said city respectively,, and who shall be bona fide residents of their respective wards and residents of the city for a four year period ,as .taxpayers and qualified voters, and one aldernar. to be elected by and from electors of said city at large.' The mayor shall have no vote in the proceedings in said council e:.cept in the case of a tie vote. g. :.Detroit Lakes (1959). Two councilmen from each yard; three councilmen -at- large; overlapping terms. Section 3.01. .Elective Officers. The 'elective officers of the city shall be a mayor, nine aldermen, a judge, a special judge of the municipal court an(! two justices of the Peace. Of the nine aldermen, two shall be elected from each ward and three at large, The Justices of the Peace shall be elected for terms of two years until such a time as the office is abolished pursuant to law. All elective officers shall be qualified electors of the city or ward from which they are elected, and all elective *off icers hoidin- office.when this Amended Charter takes effect shall continue in office until the terms for which.they have been elected have expired. Except as provided herein, the mayor and aldermen shall "hold their office for four years, and the judge and special judge of Municipal Court shall hold their office for terms as providea by law. All elective officers shall conci.nue in office until _their successors have been elected and qualified. At the first Triennial election following the adoption of this A�ccnded Charter, mayor and nine aldermen, two from each ward and three at ?arge, shall be,elected for terms beginning Iirch first immediately following such election, the terms of which, under the present city charter, expire on •said date. At the said first biennial election the alderman receiving the highes number of votes in each card shall be elected for a teian of four years, and the alderman from each x�ard receiving the second highest number of votes shall be elected for a term of tiro years. At said first biennial election the alderman receiving the highest number, of votes for alderman at lame shall be elected for a.term of four years and the alderman receiving the second and third highest number of votes for Aldermen at large shall be elected for terms of two years. i3- At th;: said first biennial election two Justices o£ the Peace shall be -'elected for terms- beginning-April Tirst irmiedintcly fo11o:•�in 'such election, the terms of which* under the present cha rter,• •ei:pire t.ori said date. At the; thi rd biennal.' folloiain� the .adopts on oz this Amended Charter, tne' Juc7g�o a=zt1 'special 'Judge 'of the Munici�a 1 'Court shall be ,eleet;ed for` terms beginning I-Lrch first immediately 6l1o'Wing such elec- tzon, the term ar the rlunicipal Judgs e�;pizin�`on said date. M7' tb ,second biennial election the e shall be elected orie Lerman from .each, ward and trio aldermexi at' larue; .all. for• terms of four years. At every city election'thereaztor all' elective ofii.ces Tilled as the ••tgrm.s of the offi c eks expire James G Col ,e Res earch'Assis tan t Louise K derling esear.ch .Assistant Revised': May, 1965 JGC Y,1ea' :Rev: May,'' 29GS Parma III Council. Connosition and 11othod of Election in Minnesota Cities In the first column, the: fi ure following the name .is the 1960 populatign. In the second column, wards that serve only as elcct7on districts are at rkcd with a double asterisk 7 s In the third column, if the total number of councilmen is one morn than the _total of the other columns, the mayor is included as a merber of the council, with voting powers unless marked by an asterisks The asterisk denotes that'tho ;mayor Votes only in case of a tie. •:,In the co lumns "Electe at Lar -e" and `Nereus the number does not include the mayor. In the last column, 0-A" means annual election and "B" means biennial election. A. Cities Operating Under Home Rule Charters Cities over No. of No. of Elected Elected Term •`Time of 20,000 Ma Councilmen by ?lards at Lar, *,c (Yea Election ;Austin 3 8 6 1 4 (larch) B Bloomington 7 6 4 B {50,498} ;�Crystal 4 7 4 2 3' B (24,20 Duluth S 9 5 4 4 B (106,304) Eankato 7 6. .4 A (23,797) r Minneapolis 23 13 13 •2 (432,0 Moorhead .4 9 S 4 B (22,934) Richfield 5 4 3 A (42,523) Rochester 6 7 6 2.. A (40, 663) Cloud 7 7 4 .4 Yrs (33 X15) St. Louis Part; 4 7 4 2 4 B (43,310) 1. Mayor has no -votin- power. 2. One elected fror:2 wards 1 and 2, the other by wards 3 and 4. 3. Nast be one from each ward. Se 7 4 6 2 B s (313,411) So. St. Paul. 3 6 1 2 B (22,032) i. r.. Cities from vo. of No. of Elected Elected Term Time of .10 Wards Councilmen by I-lards at Lnrf�e. (Years) Election _Albert Lea.. 6 :7 b: i 4'' B (17,100) Anoka 3 5 4 4 B r (10,562) Brainerd <5- Ih .10 j ;B r (12; 0 9�) •S ti Coluai5ia' Y.zi�iits 5 ..:4 :,r 4:., B (17,533) 7. -.Coon Rapids 3 .:5 =3 F:'1 3. (lard) A .i .(1((•;931}.: 2 -L Faribault 5 4 2 B (16,926) s: Fa 11s .9 (13,733) Fridley L.. 3 A (15,173) Hopkins 5 4 2 B (11,370) 4U _NeV7_Ulm 4 .._...0watontia 5 7 5 2. 2 t4ardt) B (13,409) 4 Red Win 4 9 B 1 2° (10,52 0) Roflbinsdala 4 5 4 2 (16,30-1) f; Virginia 6 9 6 3 4 `B (14,034) I Ji6st St. Paul 3 7 6 2 B (13,101) -White Bear Lake 5 6 5 3 p (12, 049 .TJillmar 4 g;; B [y B (10,417) -Cities from No. of No. of Elected Elected Terra Time of •5,000- 10,000 Wards Counc= l:�en by t.'ards 6t Large (Years) Election Ale.candria 5 6 5 (6,713) Bemidji 5 5 _._5 •._._.....:.4. B (9,958J) Y r i :y 4. Mayor cannot ;ote on mansure he has vetoed. Blaine 4 2 A (7,570) Chisholm 5 11 10 2 B (7, 144) Crookston 8 9* 8 4 t B (8,546), Detroit Lakes 3 10* 6 3 4- B (5,633) Ely 3 *r 7 6 2 A (5, Eveleth 6-* 5 4 3 A (5,721) Fairmont.' B (9,745) Bastings 4 9 8 4- Hutchinson w 4 2: A (6,207) 1nt'l Falls 3 7 6 1 ..2 A (6,778) Litchfield 3 7* 6 2 A (5,070) Little Falls 4 9 3 4 B (7,551) Montevideo 5 5 B (5, 693) Northfield 3. 7 3 3 3. p (1,707) Pipestone 2* 5 2. A (5,324) Still trster 3'' S 4 4 B (3,310) Waseca. 3 6 2. A Worthin -ton 2 6;; 4 1 A (9 Cities under No. of No. of Elected Elected Term Time of 5,000 Wards Councilmen by Wards at Large (Years) Election Ada 2 8* 4 3 4 B (2,064) Arlin ton 3 A (1,601) Barnesville 3 7* 6 4 B (1 4 4 A (3,673) 6 Biwabik 5 2 for 2 A (1,836) 1 for 3 Blue Earth 3 7 z A (4,200) Breckenrid8, 3 7* �G 4 B (4,335) Browcrville 3 A (744) 5. Mayor votes on policy questions but Only in ca. of tie on Ie8islaCive matters. 6. Tncl udon 4 n r 14— o Canby 2 5 4 4 B (2,146) Cannon Fails 6 6 2 C (2,055)` B Chatfield% 6* 5 4 Damson 3 4 3 Z (1,766) Fraser S is 4 A Gaylord 6 S 3 A 6 Gilbert 5 2 for 2 y ear3 A (2,591) 1 for 3 '.:y A 4 1 V Glencoe 4• 6 (3,216j' 3 216) Glenwood 5 4 4 B (2,631) Granite halls 2 5 3 1 A (2,723) Ja cks on 3 6* 3 2 2. A (3,370) Lake City 2 5 4 2 (3,494) l Lake Crystal 5* 4 C} B Luverne F, 2 5' 4 B (4,249) g Madis on 38 7* 6 B (2 gi'tonka -Beach 3 for 3 years A (544) lrearder 1yealr- Morris 5 4 4 B (4,199) Ortonville 2 v 4 3 4 A (2,674} Redwood Falls 3 5 3 1 B Renvil S 5�= 3�,... .2 .._.._._,...-I (wads) A (1,373) 2 (At L �ushford'.. F :=5 4..; r A St. James 2 6* 4 1 4 (Wards) B (4,174) i w 0*4 7 1 S., Saul: Centre 5 5 2, A (3,573) Sleepy Eye 2 6 4 1 1`' {Zlard} B (3,492) Springfield 2 61- 4 l 2 A (2 Staples .t," 2 6* 4 2 B (2,706). 6. Includes clerk who is a member and has a two -year term. 7. Must be one from each ward. 3. Uards are not =p provided for in the charter. 9. Must be tuo from each ward, 10. Mayor votes pt ne:.t meeting on questions on chick vote x7as a tie. 11. Mayor has no p wcr. Tower S. -4 2 4 Tracy (2,062) Two IIarboxs 4 7 4 3 2 B (4,695) `Wabasha 3: 7 6 2 A (2,5{30} Warren 5 4 2 B (2,007) t•Iayzata 5 4. 3 A (3,21.9) Windom 2 6* 4 1 4 B (3,691) r Winthrop 4 4 2 A ltiote: This information is taken from city charters. Since some charters alloN7 the council to increase the number of wards by ordinance or resolution and thereby increase the nu�-nber of councilmen, this information may not correspond to present circumstances. -c is B. Cities Oneratinn Tinder Snecial or General Acts, tT Special No. of tTo. of Elected Elected jCrm'' Time of -Charter or tlards Council- by Ilards at Large (Yrs Elec^ General men tion City Act Marshall Laws 1670, 3 5 .6 A Ch. 31. 'Montgomery Waterville 4 'Shakopee Sp. Lat:.� S 5 A 1375, Ch. 6 St. Charles Sp. Laws 1079, 5 4 1 A Ch. 51 Winona- Sp. Laws 1807, 4 S 1 4 Wards B Ch. 5 2 at L., Chaska. Sp. Laws 1391, 3 9 9 2 B Ch. 2 Benderson Sp. Laws 1891, 5 4 2 A Ch. 3, Le Sueur Sp. Laws 1291, 5 5 3 A Co. 45 Jordan Sp. Laws 1091, 2 7 6 1 2 B Ch. 4 New Prague Sp. Laws 1391, 2 5 4 I 2 A Ch. 46 St. Peter Sp. Lai :s 1.391, 2 6 6 3 A Ch. S P Cloquet Lai•::. 1895, (Varies) (Varies) 1 from 2 to 3 2 B Ch, n Bach ward E. Grand u Forks Melrose r: Red Lake Falls Thief River Falls P 19 No. Mankato Laws 1121, Not less (Varies) 2 from I 2 B Ch. 462 than 2 each ward 6•laconia 1? Each city is permitted to determine the number of wards i- fal-ch it will have. DEAN A. NYQUIST CITY HALL Mayor CITY 6301 Shingle Creek Parkway G es: 533 -0774 OF Brooklyn Center, MN 55430 us: 533 -7272 Telephone 612/561 -5440 6 B ROOKLYN CENTER OFFICE OF THE MAYOR March 22, 1988 Brooklyn Center Charter Commission Attention: Ed Commers Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Ed, I noted the minutes of the Charter Commission and your subcommittee is to study the Ward System. I want to convey my feelings and thoughts relative to that subject. For a number of reasons, I am very much opposed to the Ward System for Brooklyn Center. First of all, Brooklyn Center is not that large that the council people cannot represent the total area and population of Brooklyn Center. One of the significant problems in a Ward System is that it is inefficient. Part of the inefficiency comes about because of the "you scratch my back, I'll scratch your back" philosophy. So if the council people are representing a particular area and want something for their area, officially or unofficially there is some trading and therefore it becomes more expensive. A prime example, of course, is the Federal Government and all of the pork barrels. But closer to home, we need only look to Minneapolis to the south and Brooklyn Park to the north. That's got to be one of the reasons that Minneapolis costs something like five to six times more per capita to run government than it does in Brooklyn Center. With respect to our neighbors to the north, the mill rate for Brooklyn Park is something like 8 mills more than Brooklyn Center. (NOT PRINTED AT GOVERNMENT EXPENSE) ti Furthermore, the Ward System becomes devisive rather than unifying, cooperative, and efficient. Since apparently one of the reasons for a Ward System is alleged non- responsiveness of Brooklyn Center council people, I would appreciate some examples. Thanks. Sincerely, Dean A. Nyquist DAN /lb cc: John Lescault Dennis Kueng Tony Kuefler Marie Castle Barb Sexton Council Members Jerry Splinter TO: All Charter Commission Members FROM: Carole Blowers, Administrative Assistant DATE: February 1, 1988 RE: Summary of Study of Ward vs. At Large System done in 1976 I have been asked to provide you with the attached information. In summary, in reviewing my files at home, this subject was brought up for discussion by R. Forstrom and D. Kanatz at the January 21, 1976 Charter Commission meeting. See item "A" which states their arguments for a ward system along with a pro and con sheet on both systems. The Charter Commission's Executive Committee met and decided to form three study groups for this issue. Each group was assigned a specific area of concern. See item "B" (memo from Chairman Dorff to Commission dated 1- 29 -76). Enclosed are final reports from each study group. Item "C" is from group I, item "D" is from group II, and item "E" is from group III. I have enclosed item "F" which is a statement made by the Citizens for Better Government on this issue. I am uncertain if it was written in 1975 or 1976 as it is not dated. Two public hearings were held on this matter. A handwritten note in my file written by Dorff (Chairman) dated 9 -15 -76 stated: 1. There are goad arguments for both ward and at large systems. 2. All communities and individuals interviewed liked their system. S. All present and former council members except one preferred our at large system. 4. Greater need for a change must exist to change our system. I am also attaching for your review copies of any minutes which pertained to this issue. If I can be of any further help, please contact me at 560 -0421. Thank you. Attachments TO: Brooklyn Center Charter Commission Received by Henry Dorff FROM: Richard J. Forstrom and David Kanatz February 12, 1976 RE: Uard System of Electing Councilmen At your Janu.ry 21, 1976 meeting you requested that c-7e put our arguments for a ward system in writing, which we have tried to do here. During your meeting we observed that there were a few questions on some complicating features or other considerations that might arise. For example, how many wards shall there be? What do we do with the problem of two legislative districts? Who shall draw the boundaries. >-Ioca and when will the conversion take place? These are good questions that must be explored and answered- however, they are of a smaller importance than "Shall we have a ward system In general, these peripheral questions should be approached after we answer the basic question. Ue are prepared to address these other issues, but here we will confine ourselves to presenting the pros and cons of w g and and at-large elections. BACKCROUND In researching this issue, it does not take long* to (?educe there is little information we can use to aid in the decision. In fact, Professor Backstrom, Department of Political Science, University of "Iinnesota, says there is no data and no scientific basis for making a decision. It appears, then we must use cur ovan opinion, p neon, prejudices, and guesses. Because the character of each city is different, a comparison with other cities may not be overly fruitful, but it will be worth the effort. Since we will find no factual basis for our decision, it seems that, even though you and the Council might accept this proposal, it still should be presented to the Public for a vote. Our opinions are no better than other citizens. Thus, we request that your review and findings be completed so that the public may vote on this issue in November, 1976. The original idea behind our proposal was_ generated from the fact that although many citizens that we contacted before the last city election were willing to serve on the Council, and we felt that these people would make good councilmen, they felt the problems of campaigning cit -wide would be insurmountable. After Y reviewing the issue in more depth, we feel there are many good arguments favoring a ward system. VIARD SYSTM PRO CON 1. It is cheaper and easier to campaign in one ward than city -wide. (Brooklyn Center is about 25% larger than our primary legislative district 453 based on registered voters.) 2. Easier to attract candidates May have no good candidates in a (Follows from #1) particular ward. 3. There is a better chance to know Voter influence is limited to his your councilman councilman. 4. Greater accountability (Easier to Councilmen have little impact on service follow the actions of one councilman cor!nlaints. (Due to manager /council instead of four) form of government) 5. City novernment is more accessible. Councilmen complain that constituent (Follows from #3) complaints and requests are time consuming. (That is one of their duties.; 6. Councilman may have a smaller constit- uency to keep in touch with. 7. Residents have more of a sense of participation. (An item with no factual basis) 8. Better minority representation political, economic, social ethnic and religious. (Sections of the city with a large fraction of, for eximple, senior citizens, have a better chance to elect a representative.) 9. Council will have a better cross section of the population (No factual basis, it may follow from 8) 10. A shorter, simpler ballot (You vote Voter's range of choice is limited. for 1 of 2 instead of 2 of 4) 11. Smaller chance of one party control. (Political scientists "think" no factual basis that this is true especially in non partisan contests.) WARD SYSTEM (Continued) PRO CON 12. Ward, and thu- geographic, interests Encourages localism, poor representation protected. (Here, clearly, we must of city -wide interests. (Virtually all look at the character of the city. issues in Brooklyn Center are city -wide Except for the S.E. portion of the interests.) city, there are few ward interests. Perhaps, the ward which contains the Industrial Park would have a particular interest. We feel this argument and the counter arguments are of little value in Brooklyn Center.) Cerrymanriering could occur, difficult to set boundaries reflecting neighbor- hoods, wards eventually become unequal in number of voters. (These are admin- istrative problems, similar to legisla- tive districts, which are of little importance.) No guarantee of equality of power and influence for each councilman. (No guarantee with present system either.) a� Trading of votes in return for favors could thwart will of the majority. (There are few or no favors to be considered in Brooklyn Center) [Wards are the building blocks upon which political machines are built. (This no longer is a concern because the manager/ council plan prevents the "spoils" system.) Less prestige than that of at -large councilman. (No basis for this claim.) Chance of incumbent defeat greater. (No factual basis however, this only a disadvantage to the incumbent, not the voter.) AT -LARGE SYSTEM PRO CON 1. Council makes decisions and oolicv for Lack of accountability, neighborhood the entire city° therefore, councilmen interests not well protected. should be accountable to the entire city. (Conclusion doesn't follow from the premise. Besides, the best guess is accountability is easier to obtain with a smaller constituency.) 2. Same constituency for all councilmen. 3. Some areas may have several qualified Sacrifices minority interests and candidates, so "at- large" broadens candidates. elective opportunity. (Probably true) 4. Each citizen should have the right to More burden on citizen to decide on vote for each councilman. more than once candidate. S. Eliminates trading of votes. (Votes still could be traded on city -wide issues) 6. Prevents election of persons of narrow vision interested in only one area of the city. (No area has any particular interest.) 7. Discourages development of ward politics. (No longer are ward politics, even is they develop, a concern because of the manAger/ council system.) 8. Lessens fragmentation on council. Costs more to win campaign, so influen- (No factual basis) tial and affluent run. (Premise correc conclusion has no factual basis.) No one to run against specifically. Limits the type of campaign. More chance to run a "popularity contest" rather. than an issue campaign but no factual basis for this.) Incumbents stay in office longer. Suggests accountability harder to achieve.) January 29, 1976 From H. A. Dorf f Subject: Report to the Charter Commission To: Charter Commission Members Per instruction from the commission at our last meeting of Wednesday, January 21, 1976 the Executive Committee met on January 27 and determined that we approach the study of a ward system in Brooklyn Center by assigning specific areas of concern to each of the present study groups I, II, and III. The chairper- sons and membership of each of the groups are to remain the same as previously set up. It was also decided that each of the three chairpersons, I Henry Dorff., II Vi Kanatz, and III Ed Theisen will submit a written report to all commissioners one week prior to our next meeting scheduled for February 25, 1976. This report is to cover details of their respective group meetings. Barbara Sexton will type and mail each report if you send or deliver it to her. The assignments are: Group I 1. How do we go about setting up a ward system and what are the legal requirements? 2. Also research of election campaigns for successful and unsuccessful candidates in communities with wards as well as those without wards. Group II 1. Research the pros and cons of a ward system in Brooklyn Center. 2. Contact local elected officials as well as the city manager for their response to a ward system versus an at large system. Group III 1. Contact and interview managers, administrators and elected officials of adjacent communities to get their feeling of ward versus non -ward system. Both ward and non -ward communities should be contacted. Henry Dorff Wednesday 21, 1976 n BROOjUYN CET=TER CHARTER COMMISSION STUDY GROUP I SUMMARY REPORT WARD SYSTEM NON WARD SYSTEM After analyzing the statistical data accumulated in the two schedules attached to this report tha concensus of this Committee is that the figures do not reveal any notable evidence that one system is better than another, Our conclusions follow: A. Reco_•ded campaign costs of canc_idates for office do not appear to be appreciably less in communities where ward syatems are in effect. It depends largely on the competition for office. B. The incumbent candidate has the advantage in either ward or non -ward communities. C. Regardless of the system in effect in a community those contacted supported the system they have, whether ward, non-ward or combination of each. D. Use of a ward system does not appear to encourage more filings for office. E. Overlapping boundaries wards, districts, precincts, etc* contribute to vo confusion and additional expense for the community. STUDY 1ROUP :i rIEr'BERS Henry A.Do. ?fi', Chairman James Gillen, Vice-Chairman Cheryl Asp'lund Mildred Hendrickx Barbara Swart. L l l yr Ll rf L OM e nbr t2abirrTrs T L �R�K Cayst �xt r�'o'a •1 a:n! cl�' "`1�,i;� I I I I I i l I J3 7 Nil I- �713�J1� '133�tft(I ��31�►i:�I��o 3000 4S�'isei� I I I I I olA,a p E. //ANSsfr on sn Co N l� cTcf w. Leai y'�tvnx .iMAAP A A I t M�+��►N K c 7 i��� J438 /9s-r l L I I Cl'o rci 1 I I 7 I I I 7 r,..,,,..�,,,. I I 3 1 3 I y I N I 4 I I-f I I I I, I �',�P'k, a l' Per /TrNC I AN,d +.rl I A•r���11" I ANNvAUy I ,1 I y s I VR s I I I .�R.n D I I I I �-,7 1 f I i�: r v .o A �rryul��7►o 3zooa 13Jb'3i I 3g31to 1�8�f NR`So I YPf �.,JA 6. 17 ICt I!n.... a0ork IC H.t���... I CaiNC�l Cl-, On ICi��ou.. ICI'A (I�. I I I I 1 I rodeleR ICoo ►Kr 1 I me; I eau M I C Ourrer, JJ�RrI [`�11►,l1i Lr I lou y e s I Y�S I l�r._s I ves I vF I vps I times J. I I I I I f h ►���r I p l p Cl l 7 CA AA 3t &Pd 13 ca•rl. 3CAv,#A, 3 C� 13 cn�i�r I �c���i i I I I It -A oFr I fa.,+ of rreC r. f Ifsn or<Free Iranart I I I I CAM p wl I 3 11 3 I II I I I I '�R� {r.��,;�;I SISI r �I '4 I c 1 I So A I 2 y 2 .rc I S"7n I C s l �l !`S tl c 0u !r I 393 I I Z f y 4 I I �F9wacvl I IHoS a4 I l.'l Nt► t I 1 iZ7 I I I I I o ��i�t' ir.:•s'I I I I C u „c i I I; 3 I •rn.— I S3o %f`I e-eato.t 1 1 3 I c�.► Nor t I `I *I Hsi I t iXf+ I ti3 3f� 1 `J I II I t Cou NCi Ilse �+6 I% MEMO TO: Henry A. Dorff, Chairman Brooklyn Center Charter Commission FROM: R. J. Schieffer, City Attorney RE: Charter Amendments Changes have been made recently in the Charter Amendment process. The memorandum which you received from Blair Tremere some years ago is no longer accurate. I have attached to this memo a copy of the current law. Note that I have added typewritten material to the copy since the Revisor of Statutes omitted a line from the text. The correction is taken from Minnesota Statutes Annotated which is published by West Publishing Co. by arrangement with the State of Minnesota. To summarize the law, the methods of amending the Charter are as follows: 1. The Charter Commission may propose amendments to be submitted to the voters. 2. Petitioners numbering 5% of the total votes cast in the last previous election (registered voters only) may petition for an amendment which the Charter Commission is required to then submit to the voters. 3. An amendment proposed by either one or two, above, may be submitted by the Charter Commission to the City Council rather than to the voters. The City Council may then enact the amendment by a unanimous vote after public hearings and public notice. R. J. S. January 26, 1976 rmg r, j .'i-ts Fr u 5 r f ,'a s z x ,c,�#. ,;R -'S&- 9. a# +.s fa, •1r 'T a o.^c j Fuy- Lr�'.:' ..'Y+ s rk, r .rx:w a s- t+ is _,e e ka -��.r 7s a f� r 4, i t� !i 'Sl +4���• •'�h -s th,: ��`....a. e` f A7 r 410.11 CITIES; CLASSIFICATION, CHARTERS aj may in addition thereto publish the notice in any other legal newspaper publN. r k r a Fw in the city. k i Subd. 3. The ballot shall bear the printed words, "Shall the proposed i charter be adopted? Yes —No," with a square after each of the last two wv,% f f in which the voter may place a cross to express his choice. If any part of sat'': charter be submitted in the alternative, the ballot shall be so printed as to pem.w ,s t ;t the voter to indicate his preference in any instance by inserting a cross in Us manner. R Subd. 4. If any charter so submitted be rejected the charter commission tnh h 1 propose others from time to time until one is adopted.`. 4- l RL 5 1 •1 5 1 1 l•1.7. r s7 190Jc2 s1 9�9c80 su 9G ct'08s clo tSt.•• a 1 (1 284) w w 410.11 ADOPTION; NOTICE, EFFECTIVE DATE. I! 51 percent of the cede! cast on the proposition are in favor of the proposed charter, it shall be conddaeb adopted; and, if any provisions thereof are submitted in the alternative, thaett ratified by a majority of the votes cast thereon shall prevail. I1 the charter b adopted, the city clerk shall file with the secretary of state, the register of decks n the county in which the city lies, and in his own office a copy of the charter:<. r companied by his certificate attesting to the accuracy of the copy and grin t*! R 1*`6 date of the election and the vote by which the charter was adopted. The charWr F shall take effect 30 days after the election, or at such other time as is fixed in the bu s; K charter, and shall then supersede all other charter provisions relating to such city. .4. Thereupon the courts shall take judicial notice of the new charter and, upon tf* election of officers thereunder, the officials of the former corporation shall deltm to them the records, money and other public property in their control. W L s 755; 1959 c 805 s 2; 1969 c 1027 s 1; 1973 c 123 art 5 s 71 (1285) 410.12 AMENDMENTS. Subdivision 1. Proposals. The charter commi9*3 W E, may propose amendments to such carter and shall do so upon the petition voters equal in number to five percent of the total votes cast at the last predow state general election in the city. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition/` h pethtto circulated with respect to a charter amendment shall be uniform in character and t p shall have attached thereto the text of the proposed amendment in full; except` 3; that in the case of a proposed amendment containing more than 1,000 words, a x mo t j; true and correct copy of the same may filed with the city clerk, and the petittm F shalt then contain a summary of not less than 50 nor more than 300 words settfrS �r forth in substance the nature of the proposed amendment. Such summary shaII contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall 4 {-be sufficient to inform` the signers of the f g petition as to what change in goverb men t is Sought -to be accomplished by the amendment. The summary, togeLhet� 4 a. copy oUthe proposed amendment, shall first be submitted to the charhtr commission for its approval as to form_ and substance_ Th e commission s hall wither z Y t 1.0 days after submission to it, return the same to the proposes of -!'amendment with ssch modifications in statement as it may deem necessary 1: 1 N i order that the summary may fairly comply with the requirements above set forth a r Subd. 1a. Alternative methods of charter amendment. A home rule charter f_T M may be amended only by following one of the alternative methods of amendmen i provided in subdivisions 1 to 7.; Subd. 2 Petitions. The signatures to such petition need not all be r r to one paper, but to each separate petition there shall be attached an affidavit at the circulator thereof as provided by this section. Each signer of any such tlos :t petI .;e paper shall sign his name in ink or indelible pencil and shall indicate after his nam�1 his place of residence by street and number, or other description sufficient to idea tify the place. There shall appear on each petition the names and addresses of the electors of the city, and on each paper the names and addresses of the same y s z electors, who, as a committee of the petitioners, shall be regarded as responsibIg P for the circulation and filing of the petition. The affidavit attached to each petitta3 shall be as follows State r .t 1 r C ounty o being duly sworn, deposes and says that he, and It s ?a�KSg7ss€�'°4:r +�e?'x� e+.� E4'Sft �i CITIES; CLASSIFICATION, CHARTERS 410.12 ublisi dad's after such submission to it, return the same to the proposers of the Wr, personally circulated the f oregoing paper, that all the signatures a p y e ore g g P P g appended mosed'ncw bero were made in his presence, and that he believes them to be the genuine two word;, of the persons whose names they purport to be. rµ art of sud! 3 u s to pe Signed (Signature of Circulator)+ 'oss in 10w 4 $ftrn'bed and sworn to before me 1 INaL day of ....19.... p anion >Y Smy public (or other officer) t�sef' rIzed to administer oaths P art 3 a _71 The foregoing affidavit shall be strictly construed and any affiant convicted of Ming falsely as regards an 4 g y particular thereof shall be punishable in accord- f the votlf +aaewith existing law. considered Md. 3. May be assembled as one petition. All petition papers for a proposed LUve, tb4�t. ftftdment shall be assembled and filed with the charter commission as one instru- charter is 11M Within ten days after such petition is transmitted to the city council, the of deeds of. f 1 41 c* c!erk shall determine whether each paper of the petition is properly attested charter at. tE+d wi ether the petition is signed by a sufficient number of voters. The city clerk t w declare any petition paper entirely invalid which is not attested by the cir ixed e�xr thereof as required in this section. Upon completing his examination of fe petition, the city clerk shall certify the result of his examination to the council.` S` upon city. t r 21 he shall certify that the petition is insufficient he shall set forth in his certificate 1, u de�� de particulars in which it is defective and shall at once notify the committee of 4 -Oe'petitioners of his findings. A petition may be amended at any time within ='!s da }'s after the making of a certificate of insufficiency by the city clerk, by filing m rMlementary petition upon additional papers signed and filed as provided in oinmissioig of an original petition. The city clerk shall within five days after such amend ?etition pi ;Zt2 Is filed, make examination of the amended petition, and if his certificate a t pretdo= a show the petition still to be insufficient, he shall file it in his office and notify 'ViStratift 'V !'1►.committee of the petitioners of his findings and no further action shall be had L petits! sun insufficient petition. The finding of the insufficiency of a petition shall not racter a*G ce the filing of a new petition for the same purpose. r Sttbd 4. Election. Amendments shall be submitted to the qualified voters at a fi ,dal or special election and published as in the case of the original charter. The 1 e Petlt� of the ballot shall be fixed by the governing body. The statement of the ati °Minn on the ballot shall be sufficient to identify the amendment clearly and to s` 1 as31 x -V.-' ''wish the question from every other question on the ballot at the same L P ar,4 fJoL If 51 percent of the votes cast on any amendment are in favor of its adoption, and rJxa of the amendment and certificates shall be filed, as in the case of the n goV+aM 4fttaal charter and the amendment shall take effect in 30 days from the date of toget)W 1 7 4 z y ftelection.or at such other time as is fixed in the amendment. Sltbd. 8. Amendments proposed by council. The council of any city having a an Wits in zt s ;iiaa�e nile charter may propose charter amendments to the voters by ordinance. e ssary AW ordinance proposing such an amendment shall be submitted to the charter com Ie�t fo1?hf uJon Within •60• days, thereafter, the charter commission shall review the pro- chartm a OW amendment but before the expiration of such period the commission may ex Mndtap.et Vzd the time for review for an additional 90 days by filing with the city clerk its s W.*tion determining that an additional time for review is needed. After reviewing r appe 't'_e proposed atheitdment; the charter commission shall approve or reject the pro !$davit a# V=W amendment or "suggest a substitute amendment. The commission shall prompt- f h petitbo� V ratify the council of the action taken. On notification of the charter comissio's his nary eetft, the council may submit to the people, in the same manner as provided in it to idea 6abdh4sion 4, the amendment originally proposed by it or the substitute amendment es of five **posed by the charter commission. The amendment shall become effective only same IIv! i 1ten approved by the voters as provided in subdivision 4. If so approved it shall be �Pib3f Cod in the same manner as other amendments. Nothing in this subdivision pre- 2 petits tl&s the charter commission from proposing charter amendments in the manner gtvvided by subdivision 1. =Subd. 6. Amendments, cities of the fourth class. The council of a city of the i battb class having a home rule charter may propose charter amendments by or- t�saace without submission to the charter commission. Such ordinance, if enacted,` d xi thae be adopted by at least a four -fifths vote of all its members after a public hear- g z s� fn K y a 410.121 CITIES; CLASSIFICATION, CHARTERS M s ing upon two weeks' published notice containing the text of the proposed ame, en ment and shall be approved by the mayor and published as in the case of otlw ordinances. The council shall submit the proposed amendment to the people in fLe manner provided in subdivision 4, but not sooner than three months after the pas sage of the ordinance. The amendment becomes effective only when approved tr. w the voters as provided in subdivision 4. If so approved, it shall be filed in the same y7v*' manner as other amendments. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an T ordinance, if enacted, shall be adopted by the council by an affirmative vote of ali its members after a public hearing upon two weeks' published notice containing tho text of the proposed amendment and shall be approved by the mayor and pnblishri as in the case of other ordinances. An ordinance amending a city charter shall rot Y become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such a.: x ordinance, a petition requesting a referendum on the ordinance may be filed with thr city cleric. Such petition shall be signed by qualified voters equal in number to t%') percent of the total number of votes cast in the city at the last state general ehc tion or 2,000, whichever is less. If the city has a system of permanent rehistmti�a r of voters, only registered voters are eligible to sign the petition. If the regtvst., xy petition is filed within the prescribed period, the ordinance shall not become effective the unt charter commission, ommiss on, vo as council, ch or by petitionof the v t s, except that council y �z council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in ado tine the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to t d by th pp h di h f g fili the n o such ordinance when approved voters. [R L s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 298 s 1; 1943 c 227 s 1; 19;3 c 122 s 1; 1959 c 305 s 3, 4; 1961 c 608 s 5, 6; 1969 c 1027 s 3; 1973 c 503 s 1 -41 (12951 v 410.121 SALE OF INTOXICATING LIQUOR OR WINE; FAVORABLE VOTE. If the charter which is to be amended or replaced contains provisions which pm hibit the sale of intoxicating liquor or wine in certain areas, such provisions shall t R" not be amended or removed unless 55 percent of the votes cast on the propositioa shall be in favor thereof. 4 [1969 c 1027 a 21 410.13 [Repealed, 1959 c 305 s 61 t 410.14 ALTERNATIVE PROPOSALS. In submitting a charter or an ataead x yak; ment to the voters any alternative section or article may be presented and voted on separately, without prejudice to other articles or sections of the charter or any 4 amendments thereto. [R. L. a. 7571 (1888) 410.15 SUCCESSION; SUBSISTING RIGHTS. The new city so organised shall be in all respects the legal successor of the former corporation, and zo charter so adopted, nor any amendment thereof, shall prejudice any subdi ft right, lien, or demand against the city superseded, or affect any pending action Of r$ tw proceeding to enforce the same. All rights, penalties, and forfeitures accrued cr accruing to such former corporation, all property vested therein or held in trust therefor, all taxes and assessments levied in its behalf, and all its privileges and mi munities not inconsistent with the new charter, shall pass to its successor. All or. dinances, resolutions, and by -laws in force at the adoption of such new charter, and not in conflict with its provisions, shall continue in force until duly altered or repealed. [R L s 758; 1973 c 123 art 5 s 71 (1289) 410.16 FORMS OF GOVERNMENT INCORPORATE D IN CHARTER. The charter commission may incorporate as part of the proposed charter for any dty the commission, mayor council, council- manager form of city government or any other form not inconsistent with constitution or statute, and may provide that 4 elective city officers, including mayor and members of the council, shall be elected at large or otherwise. 11909 c 170 s 1; 1959 c 305 s 5; 1961 c 608 s 71 (1290) p 3 Vp Y Committee II Committee rieetilLg March 24, 1976 Present: Kanatz, Nelson and Vennewitz (Hintzman at the Commission executive committee meeting and Bullick out of town) Committee members have talked with Uayor, councilmen and city manager. Two had very few comments, but would prefer to analyze any Proposal for a change the Commission might arrive at at that time. One thought change not needed, but that either the at -large system or the ward system would be workable. Three were opposed and felt that the city is not large enough for division into wards and for the division it would create. Accountability should be to the entire electorate. A couple mentioned that it might impede the ability of citizens to get in touch with councilmen if they were not in political accord with their own councilman. The committee went through the theoretical pro and con issues with respect to ward system vs. at -large representation. No single issue seemed to be of compelling importance, although some of the concepts might be viewed as suggesting that one or the other approach had validity. Most of the committee members' resptinses to the various pro's and con's was "perhaps" "depends upon" or ''might or might not be important." With this ambivalence to the issues, we feel that this is in fact, the discussion that will have to be engaged in by the entire commission. We say this, not with any optimism that a strong consensus will occur, but with the realization that we have no strong recommendation to present, nor, in fact, any recommendation. Reluctantly submitted, Vi Kanatz f� J BROOKLYN CENTER CHARTER COMMISSION STUDY GROUP III FINAL REPORT WARD SYSTEM VS. AT LARGE SYSTEM Study Group III was charged with the task of contacting neighboring communities to determine their attitude on the system used in their community. The communities contacted were: New Hope New Brighton Crystal Roseville Golden Valley St. Louis Park Brooklyn Park Edina Fridley Richfield Columbia Heights Bloomington Plymouth The persons questioned were past and present mayors and councilmen, administrators and party officials. The questions and summary of responses are as follows: 1. QUESTION How long have you had your present structure? ANSWER None had changed their structure in the past ten years. (2. QUESTION What are the advantages of this structure? (3. QUESTION What are the disadvantages'to this structure? ANSWER All respondents cited the regular list of advantages and disadvantages to their systems. Those with ward structures cited: a. Better accountability and neighborhood interests better represented. b. Minority interest represented better. C. Campaign costs are lower. d. Easier on the candidate to compaign because of smaller area. e. Local alderman takes care of his ward and is more accountable to residents. s q^ Those with at large structures cited: a. Far less parochial. b. Represents all of the people rather than a special geographic area. C. Able to recruit candidates from entire city who are qualified and not restricted to a ward area. d. Eliminates trading of votes. e. Lessens fragmentation. 4. QUESTION If it were possible to adopt at large or ward system without any difficulty, which would you prefer? ANSWER None of the respondents wanted to change their present structure. 5. QUESTION What are the advantages of the at large or ward system when running for office? ANSWER The advantage of the ward system when running for office is that the campaign costs will be less and the territory to be covered going door to door is also considerably less. 6. QUESTION Approximately what are the campaign costs for a council candidate? ANSWER Range $500 to $4,000 City with ward and at large Ward $2,000 At large $4,000 Cost of campaign is influenced as much by competition as by area to be covered. I 7. QUESTION At large Do you experience any difficulty in finding candidates to run for office? ANSWER No for all respondents. The only conclusion one can draw from the survey of communities is all of the communities like their present structure and none of them wish to change. STUDY GROUP III MEMBERS Ed Theisen, Chairman Robert DeVries, Vice Chairman Richard Higgins Frank Kampmeyer Rp t_i-v John Scan