HomeMy WebLinkAbout2010-07-22 Council Agenda PacketAgenda
Corcoran City Council
July 22, 2010 - 7:00 PM
1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval
4. Open Forum
5. Presentations
a. none
6. Planning Business / Landform - none
7. Engineering / Wenck
a. TIF Projects Schedule
b. Engineers Budget Status
8. Consent Agenda
a. Draft Minutes of 7/08/10 Council Meeting*
b. Resolution 2010-31 Beer License-Jaycees Country Days*
c. Resolution 2010-32 Charitable Gambling Permit-Jaycees Country Days*
9. Staff Reports / Memos/Commissions
a. Charter Commission draft minutes of 06.10.10*
b. Planning Commission draft minutes of 07.01.10*
10. Unfinished Business
a. Public Works Facility Discussion
11. New Business
a. Corcoran Charter Amendment*
i. Charter as of 06-23-2002
ii. City Attorney memo 7-13-2010
iii. City Attorney Opinion 6-04-2010
iv. Proposed Charter - Redlined
12. Claims as Presented *
a. Escrow Claims (Fund #500)
b. Building Inspections Claims
c. All Other Claims As Presented
13. Unscheduled Items
14. Review of Upcoming Council Meeting Agenda
15. Adjournment
*Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door.
TO: Dan Donahue, City Administrator
FROM: Kent Torve, P.E.
Vince Vander Top P.E.
DATE: July 15, 2010
SUBJECT: TIF Project Summary and Schedule
Recent Activity Summary
The TIF utility route analysis and transportation analysis has been completed and was
presented at the open house held in June. The attached figures were presented and
original versions remain available at City Hall.
The open house was advertised via direct mail to the downtown area and landowners
along the utility routes and was also posted on City website.
Requested Council Action
Action 1. Review the project list, and direct staff to begin meetings with all adjacent
landowners on possible timeline of development, sale, or willingness to provide
permanent utility easements.
Engineering Effort: City engineer and administrator will meet on a time
and material basis. Cost estimate $5,000.
Action 2. Direct staff to draft a contract and meet with Maple Grove staff regarding
extending sewer and water to the Corcoran city limits at Lions Park. A discussion item
would be the timeline for re-imbursing Maple Grove under the future Joint Powers
agreement, since this cost is not eligible for TIF re-imbursement.
Engineering Effort: City engineer and administrator would meet with
Maple Grove and prepare a draft agreement. Cost Estimate $5,000
Action 3. Direct staff on the Council preference and need for a workshop on route
analysis or if more technical work should be performed in conjunction with landowner
visits. This would provide a parallel process “to fill gaps” and speed up the process for
making informed decision.
Engineering Effort: Based on work requested.
Wenck Associates, Inc.
1800 Pioneer Creek Ctr.
P.O. Box 249
Maple Plain, MN 55359-0249
(763) 479-4200
Fax (763) 479-4242
E-mail: wenckmp@wenck.com
Project Outcomes
The outcomes of the study to date that were presented at the open house were to;
· Determine viable infrastructure (transportation, sanitary sewer, and/or water
supply) opportunities utilizing available TIF funds,
· Analyze the transportation network for potential projects, or to coordinate utility
routes,
· Expose as many properties in SE Corcoran to the possibility/opportunity for
sewer and water as is feasible, and
· Develop potential sewer and water infrastructure improvements consistent with
future transportation routes.
This objective of exposing property was synthesized during the project due to the current
economic situation where development is likely a few years, to many years away but an
infrastructure decision needs to be made and constructed before 2013. The transportation
component was important to summarize past transportation re-alignments, and impacts of
the 2030 Comp Plan to look at routes of utilities with less risk, or at least minimizing
cost, of future utility relocations.
1.0 Current Status of Infrastructure
Location of Sewer and Water “Today”
Utilities are being constructed along CR 10 and are being terminated just east of the
existing CR101 and CR 10 intersection. The utilities consist of a 15-inch sanitary sewer
line and a 24-inch water line. The location of the utilities is a change from the long term
planning, where it was envisioned the sewer line would be available to Corcoran south of
Lions Park. Since the connection is to the north of Lions Park, this realizes a savings of
infrastructure cost for Corcoran.
Both the sewer and water pipes are currently “owned” by Maple Grove, and as such the
access to the Met Council system needs to be finalized. A cost needs to be completed by
the two parties prior to Corcoran use of the line.
Water Source and MCES Lift Station
Staff has discussed water capacity with the City Engineer of Maple Grove, which has
allotted 5 MGD of water supply for Corcoran in its long term water supply plan.
Infrastructure is necessary within Corcoran to boost pressure and store water; however
for supply the first step is to negotiate an agreement with Maple Grove prior to any
detailed infrastructure design.
The sewer line is constructed as a 15-inch “express” sewer with a plan sheet capacity of
2.7 MGD based on the 2005 Comprehensive Sewer Plan. The 2030 Comp shows an
ultimate need of 3.68 MGD in the southeast area contributing to the Elm Creek
Interceptor.
After the Open House, Both Vince and I met with MCES wastewater planners and
engineers to discuss the location of the MCES lift station. The figure shown at the open
house showed the possibility of an MCES lift station at city hall, to provide MCES a long
term station to direct flows northward under ultimate development. MCES staff reviewed
the proposal but due to the uncertainty of when a northern diversion is necessary,
committed to providing the lift station at MCES cost at the Lions Park location.
Transportation
The cross section for CR10 will be 4 lanes with right and left turn lanes. For a visual
example, the new CR30 in Maple Grove will be the “road cross section” that will be
needed in downtown on CR 10. Final alignment cannot be determined at this time since
it’s dependent on development scenarios, funding, and County approval.
2.0 Sewer Improvement Options
The sanitary sewer options for ultimately serving the CR 116/CR10 area can be separated
into “project segments” as shown on the attached Figure 1. These projects represent
tangible steps toward utilizing the TIF funds. After landowner meetings, Council will
need to identify viable projects.
Project #1 Lions Park Stub
The project brings sewer and water to the Corcoran City limits under a joint power
agreement with Maple Grove. This is a needed first step and should begin with water
agreement discussions and construction planning.
Project #2 CR 10 /Larkin Intersection
Project # 2 brings sewer to the “y” at Larkin and CR 10, which will be combined with
Project 3 (CR 10) or Project #4 (Maple Hill Road). Continuing down Larkin Road has
been removed from discussion since road reconstruction will be necessary ($500K), CR
10 may be moved southwards along this route, and exposes minimal developable area
south of Larkin.
Project #3 Larkin Intersection to “Downtown”
Project # 3 brings sewer along CR 10 (possibly in green space if easements are
purchased) to the main intersection and stop light at CR 116. It is apparent from the
transportation modeling that this intersection will need to be modified in the future, so
additional planning regarding sewer route would be performed under a Preliminary
Engineering /Route Analysis. For current purposes water is shown along the south side of
CR10, since any movement of CR 10 would be northerly to re-align the intersection and
eliminate the skew. Sewer could be placed in undeveloped area (purple line) along a
predicted re-route of CR 10.
The “green route” on Figure 1 shows that sewer would be available for a future
downtown utility project, which is important for the long term viability of the existing
commercial district.
Project #4 North along CR 116
Project # 4 takes sewer and water north along 116 to the City Hall Lift Station (owned
and operated by City). Utilities installation would be a challenge due to utilities and a
discussion about purchasing easements from landowners will occur during individual
meetings over the next few months. Extending to City Hall also exposes and increases the
value of City-owned property south of City Hall.
Project #5
Project # 5 is the “cross country” ultimate gravity line that will be constructed as force
mains and lift stations are phased out upon ultimate development. The construction of
this project today would be dependent upon willing sellers of permanent easements for
sewer.
Project # 6 Downtown Lift Station
This project extends a force main to the existing City Park to service downtown by
gravity.
Project # 7 CR 101 South
If or when sewer service is required to the south along CR 101 a lift station and force
main would need to be installed to convey sewer to CR 10 connection point with Maple
Grove. An early concept plan has been discussed with staff; however no formal
application for concept has been received.
MCES Lift Station Project
An MCES lift station will be constructed (at MCES cost) depending on the Corcoran use,
and whether the first project needs additional depth at the Lions Park.
3.0 Water Improvement Options
The water options are more straightforward, in that the system is pressurized therefore the
route is more flexible and the alignment will be directed from Maple Grove toward a
future water tower site. Figure 2 shows the route to the CR 116 and CR 110 intersection,
with water on the south side of existing CR 10. This is considered “somewhat safe” since
re-routes of CR 10 will be shifted northerly, therefore leaving the ductile iron pipe in
place. This also passes the future water tower site for minimizing cost of ultimate
buildout.
4.0 Summary of Total Project Costs
Costs for sewer will vary with the selected route, however the water is shown on Figure 2
as Lions Park to Downtown intersection = $1.020 M with added service to City Hall of
$560K which raises total project to $1.56 M. Property should wait for development, and
the tower construction is for ultimate need, therefore can be delayed.
For sewer, the project cost is dependent upon route, however the cost for projects #1, #2,
#3 (route to be determined) and #4 is also estimated at $1.5 M with a City Lift station at
City Hall. Development along the route would also fund individual lift stations for
pumping into the adjacent force main, and be phased out as ultimate gravity sewer is
installed (Project 5 route).
Therefore the TIF funds can bring water and sewer to the City Hall area, (with a sewer
route to be determined during feasibility studies) for $3.0M.
5.0 Schedule
The TIF District has 2013 “Close Out”, which means funds can be spent up December
31, 2013. Therefore backing out the decision points results in the following schedule.
· Summer 2010--Initial Utility and Route Planning (completed)
· August and September--Landowner input
· Fall 2010 --Order Project
· June 2011 -- Bid Project
· 2011 and 2012—Construction
· 2013—Contingency or project closeout
Wenck Associates, Inc.Environmental Engineers
City LiftStation
Project 1
Sewer ForceMain
Project 7
Project 2
Project 3
Project 6
Project 5
Project 4
21''12''18''15''24''
8''21''15''12''
15''24''21''12''8''8''SE-4SE-3
SE-2
SE-1
SE-31
SE-26SE-24
SE-23
SE-22
SE-21
SE-20
SE-17
SE-16
SE-15
SE-14
SE-13
SE-12
SE-11
SE-5
SE-19
SE-18
CITY OF CORCORAN
Conceptual Sanitary Sewer Projects
JULY 2010
Figure 11800 Pioneer Creek CenterMaple Plain, MN 55359-0429COPYRIGHT1,500 0 1,500750Feet
Legend
Lift Station
PotentialSewertype
Forcemain Route - Maple Hill R oad
Forcemain Route - New CR 10
Forcemain Route - Existing CR 10
Forcemain Route - Larkin Road
Gravity Sewer
SanitarySewerLinesType
Gravity Sewer (2030 Comp Plan)
Forcemain (2030 Comp Plan)
Sewer Node (2030 Comp Plan)
Municipal Boundary
Mxd: L:\2294\10\mxd\Conceptual Sanitary Sewer Projects .mxdLast Modified: 5/17/2010 1:41:23 PM
Wenck Associates, Inc.Environmental Engineers
Alternate Water Main Route(Adds $190,000 to $250,000, Not Including Larkin Reconstruction)
Connection to MapleGrove Water Supply
Potential BoosterStation Location
FutureWaterTower
9
509609709809409901 0 0 0 593010
1 0 1 0 159
9
0960 970
970960 9609 7 0980990950 960
960
9
7
0
970
9709401000980 960980
980
9809701000940980960980 95010009
9
0
1000 960990
980960940940950
9 6 0
940
990940940970 960980 960970960
940
930
100096 0
940940
990950960950
9909
7
0
970
1000
10009501000
1000970980940
9 6 0
960980
9909
8
0
9909 6 0
9 60
9709709809809909 6 0
9
7
0940
960
990
CITY OF CORCORAN
Conceptual Water Layout and Costs
JULY 2010
Figure 21800 Pioneer Creek CenterMaple Plain, MN 55359-0429COPYRIGHT1,000 0 1,000500Feet
Legend
Municipal Boundary
10' Elevation Contours
Water Main
Alternate Water Main Route
Potential BoosterStation Location
Mxd: L:\2294\10\mxd\Conceptual Water Layout and Costs.mxdLast Modified: 5/17/2010 10:56:15 AM
Following CR 10:To CR 10/116 Intersection $1,020,000 To City Hall $1,560,000
Alternate Route (Larkin):To CR 10/116 Intersection $1,270,000 To City Hall $1,750,000
Note: Above costs do not include the Potential Booster Station ($250,000)
Project Costs
ENGINEER’S MEETING
TO: Dan Donahue, City Administrator
FROM: Kent Torve, P.E.
DATE: June 25, 2010
SUBJECT: Engineer’s List and Budget Status
• Quantify costs to stay at Cain Road
Public Works Building
o Roof, stairs, Asbestos, basement
o Cold Storage rent
• Completed Lease RFP, completed Rogers, Wayzata and Dayton review,
completed “generic” site plan of 10 acres, completed roundtable with Dayton
group.
• Report will be delivered at July 26
TIF
th
• Staff can discuss future tasks for August through December.
meeting
o Identify routes for Paul Donna
o Meet landowners along routes,
o Follow up with County on CR 10 / Larkin Alignment
o Follow up with Maple Grove on Water
• Set path for preliminary engineering feasibility study for project design start in
fall of 2010,
• No schedule yet for construction
Centerpoint Energy
• No schedule yet for construction
Cain Road
Wenck Associates, Inc.
1800 Pioneer Creek Ctr.
P.O. Box 249
Maple Plain, MN 55359-0249
(763) 479-4200
Fax (763) 479-4242
E-mail: wenckmp@wenck.com
Budget Review at 5-month mark
• Resident and site visits, staff meetings, council meetings
General Engineering
• $4,273.00, ongoing at average of $1K per month
• Stormwater
• $1,748.00 with June bill for MS 4 report coming at end of month. The last half of
2010 will be miscellaneous work, illicit discharge ordinance, etc.
• Revised MSAS system,
MnDOT State Aid
• Added unimproved area, MnDOT requested existing segment,
• Added Bechtold, Schutte bridge, urban sections due to Comp Plan changes
• Will receive increased revenue in 2011 and annually thereafter
• $10,294.94, June bill will complete changes, minor charges expected last half of
2010.
• CR 101 Turnback, dust control, miscellaneous safety items, inquiries, inspections,
etc.
City Traffic Items
• $3,567.14 ongoing at $500 per month.
• Lease RFP, Council updates, Rogers, Wayzata, and Dayton Analysis
Public Works Site Concepts
• $3,301.70 ongoing project, estimate another $3K to $5K for last half of 2010.
• $2,611.65. No additional charges expected.
Geothermal
Total General Engineering through May = $22,494.73
Additional annual revenue estimated from MnDOT = $10K to $15K beginning 2011
• Deliver Report late July meeting
TIF
• $46,041.20
• Budget $50,000.
8a
City of Corcoran
City Council Meeting Minutes
July 8, 2010
The Corcoran City Council met on July 8, 2010, at City Hall in Corcoran, Minnesota. Present were, Mayor Guenthner, Councilor
Gmach, Councilor Milbrandt, and Councilor Thomas. Also present were City Administrator Donahue, Public Safety Director
Gormley, Public Works Superintendent Meister, City Engineer Torve, City Planner Lindahl and Deputy Clerk Heinecke.
Councilor Hudok was absent (work conflict)
Vice Mayor Thomas called the meeting to order at 7:00 pm, Mayor Guenthner arrived at 7:30 pm.
1. Call to Order / Roll Call 2. Pledge of Allegiance
3. Agenda Approval
MOTION: made by Gmach, seconded by Milbrandt to approve the agenda as presented.
Voting Aye: Gmach, Milbrandt, and Thomas. (Motion carried 3:0).
4. Open Forum
None
5. Presentations
a. Susan Blood from Northwest Hennepin Human Services Council (NHHSC) presented an annual update of
services offered to residents of Corcoran. 6. Planning Business / Landform
a. Request for Ag Preserve Designation for Edmund Cain Family Farms at 20913 CSAH 10 (City File 10-003).
Continued from the 6/24/2010 Council Meeting
MOTION: made by Thomas, seconded by Milbrandt to deny application for AG Preserve, Resolution 2010-30.
Votin g Aye: Milbrandt, and Thomas. Voting Nay: Gmach (Motion carried 2:1).
7. Engineering / Wenck
a. Council discussed a report from Financial Advisors and Bond Counsel and directed City Engineer Torve to their
required next steps.
8. Consent Agenda
a. Draft Minutes of 6/24/10 council meeting
b. Motion to “Not Waive” Monetary Limit on Municipal Tort Liability
c. Draft Minutes of 6/24/10 special budget meeting
MOTION: made by Gmach, seconded by Milbrandt to approve the consent agenda as presented.
Voting Aye: Gmach, Milbrandt, and Thomas. (Motion carried 3:0).
9. Staff Reports / Memos
a. PD Training Room-EOC Update
MOTION: made by Gmach, seconded by Milbrandt to approve Resolution 2009-29 accepting a donation from Dan and
Arlys Peterson.
Voting Aye: Gmach, Milbrandt, and Thomas. (Motion carried 3:0).
b. Administrator Donahue presented a report with cost to date for ordinance updates and Greenway Corridor
Committee meetings.
c. Update on Liquor and Tobacco License Renewal-All paid in full.
d. Parks and Trails Draft Minutes of June 15, 2010. Councilor Milbrandt clarified the $150.00 approved by council
at the 6/24/10 meeting is a general fund expense.
e. Elections Calendar presented to council in preparation for the 2010 election cycle.
10. Unfinished Business
Mayor Guenthner recessed the regular meeting at 8:13 to convene a closed meeting for the purpose of discussing RFP’s
received for the lease of a public works facility.
Reconvened regular meeting at 8:21
a. Mayor to meet with Administrator Donahue, Public Works Superintendent Meister and Engineer Torve to establish
concise package of all information gathered for presentation to the full council.
b. Award of Memorial Garden Construction Bids
8a
City of Corcoran
City Council Meeting Minutes
July 8, 2010
MOTION: made by Gmach, seconded by Milbrandt to approve City Hall Memorial Garden construction bids as presented
Voting Aye: Guenthner, Gmach, Milbrandt, and Thomas. (Motion carried 4:0).
11. New Business
None 12. Claims as Presented
a. Escrow Claims (Fund #500) MOTION: made by Thomas, seconded by Milbrandt to approve escrow claims as presented.
Voting Aye: Guenthner, Gmach, Milbrandt, and Thomas. (Motion carried 4:0).
b. Building Inspections Claims
None
c. All Other Claims As Presented MOTION: made by Gmach, seconded by Milbrandt to approve all other claims as presented.
Voting Aye: Guenthner, Gmach, Milbrandt, and Thomas. (Motion carried 4:0).
13. Unscheduled Items
Council approved participation in the 1000 Friends “Saturday Series” education program.
14. Review of Upcoming Council Meeting Agenda
a. Summary of FBI training from Public Safety Director Gormley
b. Re-drafted City Charter
15. \MOTION: made by Gmach, seconded by Milbrandt to adjourn.
Voting Aye: Guenthner, Gmach, Milbrandt, and Thomas. (Motion carried 4:0).
Meeting adjourned at 9:23 pm
_____________________________
Daniel Donahue, City Administrator
Print Form
Page 1 of2 1110
Minnesota Lawful Gambling
LG230 Application to Conduct Off-Site GamblingI
No Fee
OrganiJation name NW Area Jaycees License number 2463
I City Corcoran MN Zip code 55340Address8200CtyRd.116
Gamb"fg manager name Holly Larson Daytime phone ~7632862410
Gam?ling Activity
1.Fourjoff-site events are allowed each calendar year.Dates for each event,not to exceed 3 days.
Aug.20-22nd
2.cheL the gambling activity that will be conducted.
Lraffle y_pull-tabs --'Kbingo Ltipboards -.r paddlewheel
I
Gambling Premises
3.Name of location where gambling activity will be conducted Corcoran Ball Fields
4.strelt address and city 20200 Cty Rd 50,Corcoran MN 55340
•Do not use a post office box .
•If no street address,write in road designations.Example:3 miles east of Hwy 63 on County Road 42 .
5.Do,your organization own the gambling premises?
IIYes If yes,a lease is not required.
15.<No If no,the lease agreement below must be completed,and signed by the lessor.
Leasr Agreement for Off-site Activity (A lease agreement is not required for raffles.)
6.Rett to be paid for the leased area $0 If none,write "D."
7.All obligations and agreements between the organization and the lessor are listed below or attached.
·~ny attachments must be dated and signed by both the lessor and lessee.·This lease and any attachments is the total and only agreement between the lessor and the
organization conducting lawful gambling activities.·Other terms,if any
not needed since the area is a city park.
I
8.Leshor's signature Date
priht lessor's name N/A
CONTINUE TO PAGE 2
Page 2 of2 1/10LG2~O Application to Conduct Off-Site Gambling
Loca Unit of Government Resolution of Approval
CITY lPPROVAl for a gambling premises located
within,city limits
City name City of Corcoran
The ci I council has approved this application by
resolution within 90 days of the date of signature below.
I
Signature of city personnel
Title -r Date __1__'_
I
COUNTY APPROVAL for a gambling premises
located in a township
County name _
The county board has approved this application by
resolution within 90 days of the date of signature below.
Signature of county personnel
Title Date __I__I _
Chiefl Executive Officer (CEO)Acknowledgment
9.The person signing this application must be your organization's CEO and have their name on file with the
Gambling Control Board.If the CEO has changed and the current CEO has not filed a LG200B OrganizationdrcersAffidavitwiththeGamblingControlBoard,he or she must do so at this time.
10.I have read this application,and all information is true,accurate,and complete,and if applicable,agree to
thle lease tmstated in this ~c~
CEO signature ~Vq,)!.~~Date '].\Y ,I D
I I I
11.Print name Tonya LaFave Daytime phone _7_6_3_-44_3_-_9_5 _
Mail1r fax to:
GamlDling Control Board
17111west County Road B,Suite 300 South
RoseV
I
i1le,MN 55113
FAX:651-639-4032
No attachments required.
This publication will be made available in alternative format (i.e.large print,Braille)upon request.
Da~privacy notice:The information requested on this form (and any attachments)will be used by the Gambling Control
Bo~rd (Board)to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota.Your
org~nization has the right to refuse to supply the information;however,if your organization refuses to supply this information,
the Board may not be able to determine your organization's qualifications and,as a consequence,may refuse to issue a permit.
If your organization supplies the information requested,the Board will be able to process your organization's application.
Your organization's name and address will be public information when received by the Board.All other information provided
will be private data about your organization until the Board issues the permit.When the Board issues the permit,all information
proJided will become public.If the Board does not issue a permit,all information provided remains private,with the exception
of y~ur organization's name and address which will remain public.
Private data about your organization are available to:Board members,Board staff whose work requires access to the
information;Minnesota's Department of Public Safety;Attorney General;Commissioners of Administration,Minnesota
Ma agement &Budget,and Revenue;Legislative Auditor,national and international gambling regulatory agencies;anyone
pursuant to court order;other individuals and agencies specifically authorized by state or federal law to have access to the
infotmation;individuals and agencies for which law or legal order authorizes a new use or sharing of information after this
notice was given;and anyone with your written consent.
8c.
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2010-32
MOTION BY:
SECONDED BY:
A RESOLUTION APPROVING OFF-SITE CHARITABLE GAMBLING IN THE CITY
OF CORCORAN, MINNESOTA
BE IT RESOLVED, by the City Council of the City of Corcoran that the following Charitable
Gambling License is granted effective for the dates as indicated, to the following Licensee,
provided appropriate application and insurance documents are submitted and satisfactory
background check completed by the Corcoran Police Department.
LICENSEE
LICENSE
LICENSE EFFECTIVE DATE
Corcoran Jaycees Charitable Gambling
August 20, 2010 – August 22, 2010
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Gmach, George Gmach, George
Hudok, Christopher Hudok, Christopher
Milbrandt, Rosalyn Milbrandt, Rosalyn
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 22th day of July 2010.
____________________________________
Kenneth Guenthner - Mayor
ATTEST:
____________________________________ City Seal
Daniel Donahue – City Administrator/Clerk
9a.
Corcoran Charter Commission Minutes
June 10, 2010
1
CCOORRCCOORRAANN CCHHAARRTTEERR CCOOMMMMIISSSSIIOONN
MMEEEETTIINNGG MMIINNUUTTEESS JJUUNNEE 1100,, 22001100 66::0000 PP..MM..
1. Call to Order. Charter Commission Meeting was called to order by Chair George Gmach at
6:02 p.m. Present were Commissioners:
• George Gmach, Chair
• Dorthy Theis (arrived at 6:20 pm)
• Brian Lother, Secretary
• Ken Kluck
• John Hausladen
• Jim Tilbury
• Also present was City Administrator Daniel J. Donahue
Absent: Ken Guenthner and Tom Cossette
2. Agenda. Motion by Kluck and seconded by Hausladen to approve the agenda as presented. All
voted in favor.
3. Approval of Minutes. Motion by Hausladen and seconded by Tilbury to approve minutes as
presented. All voted in favor.
4. Open Forum. No one appeared at Open Forum
5. Old Business
a. City Attorney Jeff Carson reviewed his memo of June 4, 2010. This had been
requested by the Commission at there February 11, 2010 meeting regarding answers
to questions posed by the Commissioner on the 04-27-2006 draft of re-formatted
Charter. Questions answered were on the following provisions of the 04-27-06 draft:
i. Interpretation of 7.05(b)
ii. Clarification of 5.03
iii. Was the 04-27-06 draft of the Charter a substantial change to the existing
Corcoran Charter or was it a restatement by reorganizing and making it
grammatically correct.
b. Discussion followed on the memo and its points.
i. A question was posed about the inconsistency with 7.04 of the 04-27-06 draft
and state law regarding the statement “51% of the votes…” Carson stated that
the intent of state law is to state the winner in any election or the ratification
of any proposal as the “majority”. The intent of 7.04 is to be consistent with
the state law and that he recommended that the provision be changed from
51% to “a majority”. Carson further stated that this would not be a substantive
change to the existing Charter.2006 that proposed non-substantive changes to
the City Charter.
9a.
Corcoran Charter Commission Minutes
June 10, 2010
2
Motion: Lother moved that the proposed changes outlined in Carson’s opinion of June 6,
2010 along with the change in 7.04 be approved and the proposed Charter be presented to the
city council for adoption. Seconded by Hausladen. All voted in favor.
Discussion followed on presenting the proposed Charter amendments to the city council. It
was decided to make a presentation to the council on July 22, 2010 and that Commission
Secretary Brian Lother would make a presentation. It was also suggested that the changes to
the proposed Charter be incorporated in a “redlined” copy to the council. Carson stated he
would make the changes and forward to city staff.
c. Update on Re-appointments. The four commissioners whose term were expiring and
who have all written to Judge Swensen seeking re-appointment indicated that they had
not received any communiqué for the judge’s office. Donahue said he would look into
the matter.
6. New Business-None
7. Information Exchange. Lother inquired about the process for residents registering to vote.
Donahue said that he should contact the office for further info.
8. Adjourn. Motion by Lother and seconded by Kluck to adjourn. All voted in favor. Adjourned
at 6:58 PM.
CITY OF CORCORAN Agenda 9b.
PLANNING COMMISSION MEETING MINUTES
Thursday, July 1, 2010
1. Chair Hank called the Planning Commission meeting of July 1, 2010 to order at 7:00 p.m.
Present were Commissioners, Darrell Krueger, Pat Hank, Dean Jacobs, and Robert Laddusaw. Ricky
Ravnholdt. Others present for the meeting included City Planner Kendra Lindahl, 2030 Comp Plan
Consultant Tina Goodroad, City Administrator Dan Donahue. Also present were several members of
the Greenway Committee including Co-Chairs Roz Milbrandt and George Gmach.
Absent: Pat Ellinger (arrived 7:45)
2. Pledge of Allegiance
3. Oath of Office. Nell Kadlec was introduced to the Commission. She had been appointed by the
City Council to the Planning Commission as an Alternate Commissioner. The oath of office was
administered to Commissioners Nell Kadlec. She was then asked to sit at the dais as
Commissioner Ellenger was absent.
4. Open Forum. None
5. Approval of :
a. Agenda
MOTION made by Laddusaw, seconded by Ravnholdt to approve agenda as presented. Voting
Aye: Krueger, Hank, Ravnholdt, Jacobs, Kadlec, and Laddusaw . (Motion carried 6:0)
b. 03.05.09 Draft PC Minutes. Donahue explained that the regular meeting of the PC was
cancelled and that the minutes were not missing.
c. 10.01.09 Draft PC Minutes. Donahue explained that the regular meeting of the PC had been
cancelled
d. 12.03.09 Draft PC Minutes. Donahue explained that the PC had meet but that the typed
minutes could not be found. There existed an audio recording of the meeting and that the
minutes would be retyped.
e. 04.15.10 Draft PC Minutes
MOTION made by Krueger, seconded by Jacobs to approve 04.15.10 Draft Minutes as
presented. Voting Aye: Krueger, Hank, Ravnholdt, Jacobs, Kadlec, Laddusaw. (Motion
carried 6:0)
6. Unfinished Business:
a. Greenway Committee.
i. Co-Chair George Gmach of the Greenway Committee gave a PowerPoint
presentation on the work of the Committee and on a draft of an ordinance
proposed by the committee. The ordinance titled SECTION 940-OPEN SPACE
AND PRESERVATION (OS&P) PLATS. There followed many question from
the Planning Commissioners. The proposed ordinance and its provisions were
discussed at length. No substantive changes were discussed. From the audience,
there was a recommendation that the ordinance should include a minimum and a
maximum lot size for those properties seeking coverage by the ordinance.
ii. The Commissioners upon the recommendation of City Planner Kindahl and
Bonestroo Consultant Goodroad took no action. The Commission was advised
that this ordinance could be considered at a later date when other 2030
Comprehensive Plan required ordinances would be considered.
7. New Business-None
8. Reports:
a. Liaison Report-None
b. Other Business-None
c. Newsletter. Donahue mentioned the upcoming newsletter that would be mailed by the end of
July.
9. Adjournment. Motion by Ravnholdt and seconded by Laddusaw to adjourn. All voted in favor.
Meeting adjourned at 9:00 pm.
From: Daniel Donahue
Sent: Thursday, July 22, 2010 8:52 PM
To: Jeanie Heinecke; Kent C. Torve
Subject: FW: Accident on CSAH 116
Attachments: 2010-20 CSAH 116 Traffic Analysis.pdf
Here is the email from Jim Grube.
Daniel J. Donahue
Corcoran City Administrator
ddonahue@ci.corcoran.mn.us
Work: (763) 420-2288 Ext. 13
Cell: (763)238-0219
-----Original Message-----
From: James.Grube@co.hennepin.mn.us [mailto:James.Grube@co.hennepin.mn.us]
Sent: Thursday, July 22, 2010 5:16 PM
To: Daniel Donahue
Cc: ChadAdams@ci.medina.mn.us
Subject: Re: Accident on CSAH 116
Dan and Chad,
Please accept my apology for the relative silence from our end on the request
that the county look at the County Road 116/Hackamore Road intersection.
While there have been a number of crashes at the intersection over the last
couple years, I believe they remain a series of random events, and do not
reflect a flaw in the roadways or intersection.
When one looks at the actual traffic that passes through the intersection, one
notices that the preponderance of traffic is on County Road 116.
Certainly that means the Hackamore Road traffic finds itself waiting for gaps
in traffic in order to enter the intersection safely. If one were to time the
delay a Hackamore Road driver experiences, one would see that most of the time
the delay isn't as long as it seems - recognizing of course that delays get
longer during the peak hour.
At this point I find it difficult to recommend that County Road 116 traffic be
controlled, either via stop sign or traffic signal. I realize this may not be
a desired response, but I struggle because as I sit at the intersection, I can
see extended distances to the north and south before entering the
intersection. Given the visibility, it is essential that drivers exercise
patience and wait for a safe traffic gap before entering the intersection. I
realize younger drivers may find it difficult to gauge County Road 116 traffic
speed, given the 55 mph speed limit, but it is their responsibility to make a
safe entry into the intersection.
As always, I am available to discuss this and other traffic issues along the
county roads in your cities.
Jim
From: "Daniel Donahue" <ddonahue@ci.corcoran.mn.us>
To: <james.grube@co.hennepin.mn.us>
Cc: "Sean Gormley" <sgormley@ci.corcoran.mn.us>, <kenguenthner@aol.com>,
"Vince T. Vander Top" <vvandertop@wenck.com>, "Kent C. Torve"
<ktorve@wenck.com>
Date: 07/21/2010 01:04 PM
Subject: Accident on CSAH 116
Jim:
Hope all is well. I would like to ask your help and assistance. The Corcoran
City Council remains very concerned about traffic safety issues along County
Road 116. In April of this year, they passed the attached resolution asking
for assistance in looking at the safety issues along Cty Rd. 116.
This resolution (and also one passed by the Medina City Council) was
precipitated by both a history of vehicle accidents along 116, and a recent
accident at Hackamore and 116 that occurred on April 23, 2010.
The reason for my correspondence here is to stress the urgency Corcoran has
regarding the safety of its citizens as they travel along Cty Rd. 116, and
especially at Hackamore. The city’s concern was heightened by yet another
personal injury accident along 116 that occurred this week, July 20, 2010,
that is a carbon copy of the April accident. A vehicle was west bound on
Hackamore. It had stopped at the Stop Sign and seeing no approaching traffic
pulled out and was broadsided by a vehicle travelling south bound vehicle on
Cty Rd 116.
The city council will be addressing there concerns tomorrow at the City
Council meeting on Thursday, July 22nd. I would like to be able to communicate
with them the county’s response to the April resolution and this latest
accident. Please call or write as soon as possible. I very much appreciate
your help in this matter.
Daniel J. Donahue
Corcoran City Administrator
ddonahue@ci.corcoran.mn.us
Work: (763) 420-2288 Ext. 13
Cell: (763)238-0219
(See attached file: 2010-20 CSAH 116 Traffic Analysis.pdf)Disclaimer:
Information in this message or an attachment may be government data and
thereby subject to the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13, may be subject to attorney-client or work product
privilege, may be confidential, privileged, proprietary, or otherwise
protected, and the unauthorized review, copying, retransmission, or other use
or disclosure of the information is strictly prohibited. If you are not the
intended recipient of this message, please immediately notify the sender of
the transmission error and then promptly delete this message from your
computer system.
ADMINISTRATOR’S REPORT Agenda Item No. 10a.
Council Meeting:
July 22, 2010
Prepared By:
Dan Donahue, Administrator
Topic:
Public Works Facility Options
Action Required:
Information
Policy:
Budget Impact:
Summary:
The city council continues to study, develop ideas, and gather information on how the
city should proceed to evaluate the current Public Works facility. This memo will provide
an update on activities in the past couple of weeks that were directed by the city council
on July 8, 2010. At that meeting, the council asked both the city staff and the individual
council members to assemble hard cost data on all options.
This past week, Mayor Guenthner met with the city administrator, public works
superintendent, and the city engineer. The outcome of the meeting was:
• The identification of four options that are open to the city:
Option 1. “Fix and Stay”. –
Remediate the current city owned site and facilities on Cain Road.
Remodel, rebuild, take down, or add to the current building. Take
the necessary steps to make the entire site usable for the
continuation of the delivery of current public works services for
between 7 to 10 years.
Option 2. “Short Term Leasing” –
Investigate leasing of existing space from private business property
owners sufficient for the continuation of public works services for up
to 3 years.
Option 3. “Purchase Building” --
Investigate the purchase of existing space from private business
property owners to meet the public works service delivery for up to
10 years.
Option 4. “Build, or Swap and Build” –
(4a) Build on City property, or (4b) Negotiate exchange of City
property for agricultural property in the city to build a public works f.
Administrator’s Report on 10a Public Works Facility Options—July 22, 2010 Council Meeting
Page 2
• The following steps are being taken in the next three weeks in order to develop
the necessary information on which the city council can begin to make informed
decisions on cost to benefit, and on meeting immediate and future needs of the
city:
Option 1. The staff will be assembling hard cost estimates needed to address the
safety issues identified in the Safety Report of 02-08-08 and the Safety Report of
07-14-10. Staff is also assembling costs to meet the city’s need to preserve its
assets (vehicles, equipment, and supplies) in the most cost effective manner for
up to 10 years. A draft of all of these “ballpark” estimates will be assembled for
the city council’s first reading at the August 12th meeting
Options 2 and 3. As discussed at the council meeting on July 8th, Mayor
Guenthner offered to meet with two of the three property owners that responded
to the lease proposal requests sent to Corcoran business property owners last
month. Purpose is to discuss and obtain realistic cost information on these two
options.
Option 4. Much work has already been done on assembling cost data for various
price points for the development of new facilities. Cost models have been
developed that test various assumption as to bonding cost for given development
size, interest on bonds to finance a new development, and term length of bond
issues. Also, other fact information such as facility size and needed service
functions will be gathered. Staff estimates our space planning is at 90%
complete for a facility.
Cost and other relevant information/data will be assembled and presented to the
council in a draft form at the August 12th council meeting.
5b. i
CCOORRCCOORRAANN CCHHAARRTTEERR
Chapter 1 - Name and Boundaries
Section 1.01 Name and boundaries. The City of Corcoran, Hennepin County, Minnesota shall be a
Municipal Corporation under that name and with the same boundaries as now are or
hereafter established.
Chapter 2 - Charter
Section 2.01 This charter is drafted in recognition of M.S. 410.33. Statutory City Law prevails to the
extent this charter is silent.
Section 2.01 Incompatible offices. No member of the council may hold any paid municipal office or
employment under the City other than that to which elected, and until one year after the
expiration of his term as mayor or council person no former member shall be to any paid
appointive office or employment under the City which office or employment was created
or the emoluments of which were increased during his term as a councilman.
Chapter 3 - Initiative
Section 3.01 THE PEOPLE OF CORCORAN RESERVE THE POWER, IN ACCORDANCE OF
THIS CHAPTER, TO INITIATE AND ADOPT ANY ORDINANCE, EXCEPT AN
ORDINANCE APPROPRIATING MONEY OR AUTHORIZING THE LEVY OF
TAXES, OR SALARIES OF CITY OFFICERS OR EMPLOYEES AND TO REQUIRE
SUCH AN ORDINANCE WHEN NOT PASSED BY THE COUNCIL TO BE
REFERRED TO THE ELECTIONS FOR APPROVAL OR DISAPPROVAL...if the
council passes the proposed ordinance with amendments and a majority of the sponsoring
committee do not disapprove the amended form by a statement filed with the CIT
CLERK within 10 days of its passage by the council, the ordinance need not be submitted
to the voters. If the council fails to enact the ordinance in an acceptable form within 60
days after the final determination of sufficiency of the petition, the ordinance shall be
placed on the ballot at the next election occurring in the City. If no election is to occur
with 120 days after the filing of the petition, the council shall call a special election on
the ordinance to be held within such period. If a majority of those voting on the ordinance
vote in its favor, it shall become effective 30 days after adoption, unless the ordinance
specifies a later effective date.
Section 3.2 Five eligible voters/any five electors may form themselves into a committee for the
initiation of any ordinance except as provided in Section 1. Before circulating any
petition they shall file a certified copy of the proposed ordinance with the city clerk
together with their name and addresses as members of such committee. They shall also
attach a certified copy of the proposed ordinance to each of the signature papers herein
described, together with their name and addresses as sponsors thereof.
Section 3.03 An initiative shall be initiated by a petition signed by registered voters of the city equal in
number to 10% of the total registered voters in the city at the time of the last regular
election. Each petition shall be sponsored by a committee of five voters whose names and
addresses shall appear on the petition. Once the petition is found to be sufficient, the
ordinance shall be submitted to the council for consideration as described in Section 3.01.
5b. i
Chapter 4 - Referendum
Section 4.01 Any ordinance subject to the initiative may be subjected to referendum by a petition,
which shall state, at the head of each page or on an attached paper, a description of the
ordinance. A petition filed, other than an emergency ordinance, shall suspend its
operation as soon as the petition is found sufficient. Any ordinance upon which a petition
is filed, other than an emergency ordinance, shall be suspended in its operation as soon as
the petition is found sufficient. If the ordinance is not thereafter entirely repealed, it shall
be placed on the ballot at the next election or at a special election called for the purpose,
as a council determines. If a majority of the voters voting thereon favors the ordinance, it
shall go into effect; if a majority of the electors voting thereon votes against the
ordinance, the ordinance shall remain in effect but shall be repealed if a majority of the
voters voting on the ordinance vote against it.
Section 4.02 If prior to the date when an ordinance takes effect a petition signed by qualified electros
of the city equal to 10% of the total number of registered voters at the last regular
municipal election immediately preceding the filing of the petition is filed with the city
clerk requesting that any such ordinance be repealed or be submitted to vote of the
electors, the ordinance shall thereby be prevented from going into operation. The council
shall thereupon reconsider the ordinance at its next regular meeting and by a majority
vote either repeal it or reaffirm its adherence to the ordinance as enacted. In the latter
case, the council shall immediately order a special election to be held thereon, or submit
the ordinance at the next regular municipal election, pending which the ordinance shall
remain suspended. If a majority of the electors voting thereof vote against the ordinance,
it is not effective; but if a majority of the voters favor the ordinance, it shall go into effect
immediately, or on the date therein specified.
Chapter 5 - Recall
Section 5.1 Consideration by the electorate of the recall of any elected officer of the city may be
initiated by petition. The petition shall state at the head of each page, or attached thereto,
a certificate stating the name of the officer whose removal is sought, the grounds for
recall, which shall be malfeasance, misfeasance or nonfeasance in office, in not more
than 250 words, and the intention of the sponsoring committee to bring about the officer's
recall. Such petition shall be filed in the clerk-administrator's office prior to circulation. If
the petition or amended petition is found sufficient under the provisions of Section 5.02
and 5.03 of this chapter, the city clerk shall transmit it to the council without delay, and
shall officially notify the person sought to be recalled of the sufficiency of the petition
and the pending action. The council shall at its next meeting, by resolution, provide for
the holding of a special recall election within 90 days after such a meeting, except if any
other election is to occur within such 90 day period after such meeting, the council may
in its discretion provide for the holding of the recall and, also, in not more than 500
words, the answer of the official concerned in justification in his/her course of office.
Section 5.02 Five eligible voters/any five electors may form themselves into a committee for the recall
of any elected official. Before circulating any petition they shall file a certified copy of
the proposed recall with the city clerk, together with their names and addresses of such
committee. They shall also attach a certified copy of the proposed recall to each of the
signature papers herein described, together with their names and addresses as sponsors
thereof.
Section 5.03 A recall shall be initiated by a petition signed by registered voters of the city in equal
number to 10% of the total registered voters at the same time of the last regular election.
Each petition shall be sponsored by a committee of five voters whose names and
addresses shall appear on the petition. Once the petition is found to be sufficient, the
recall shall be submitted to the council.
5b. i
Section 5.04 The results of the recall election shall be certified at the next city council meeting and
shall be effective immediately upon such certification by the city council.
Chapter 6 - Transition
Section 6.01 City to succeed to rights and obligations of former city. The city shall succeed to all
property, rights, and privileges, and shall be subject to all legal obligations of the city
before adoption of the charter.
Section 6.02 Existing ordinances continued. All ordinances and regulations of the city in force when
this charter takes effect and not inconsistent with this charter are continued in full force
and effect until amended or repealed.
Section 6.03 Pending condemnations, improvements and assessments. Any condemnation,
improvements and assessments collection proceeding in progress when this charter takes
effect shall be continued, and collected as if this charter had not been adopted.
Section 6.04 Ordinances to make charter effective. The council shall by ordinance, resolution, or other
appropriate action take such steps as may be necessary to make effective the provisions
of this charter.
Agenda 11a.ii
MEMORANDUM
TO: Corcoran Charter Commission and City Council
FROM: Jeffrey A. Carson, City Attorney
RE: Changes to the Draft Charter of 4/27/06
DATE: July 13, 2010
____________________________________________________
Following several charter meetings involving the above-referenced draft charter (4/27/06)
the Charter Commission is recommending a few additional changes. The changes are as
follows:
1. Section 5.03 will be amended to require certification of the results
“between the 3rd and the 10th day after an election.
2. Section 7.04 will be amended to reflect a simple majority of votes cast
rather than 51%.
3. Section 7.03(b) a sentence will be added that was omitted and is found in
the State’s statute: “ The City Council must hold a public hearing on the
proposed charter amendment at least two weeks but not more than one
month after the notice is published.”
4. The phrase “as certified in the official canvassed results” will be added to
the percentage of voters required on a petition and this is also part of
7.05(b).
Respectfully Submitted.
5a.
1
MEMORANDUM
TO: Corcoran City Council and Charter Commission
FROM: Jeffrey A. Carson, City Attorney
RE: Proposed Charter Changes
DATE: June 4, 2010
____________________________________________________
Several questions are asked following the Corcoran Charter Commission meeting of
February 11, 2010. I have reviewed the existing Corcoran Charter; the proposed changes
(4-27-06); and Minnesota Statutes §410, et al. and §205.185, Subd. 3, in preparation of
this memorandum.
The first question involves the interpretation of language within Section 7.05(b) (as
proposed) which states in part:
“the Petition shall be signed by a number of registered voters equal to two
percent of the total votes cast in the last state general election…..”
The question is the meaning of “total votes cast in the last state general election”.
I believe the number of votes cast will be equal to the number of votes canvassed by the
City as required by law (Minn. Stat. §205.185, Subd. 3). This would not include any
votes that may have been attempted and rejected for any lawful reason, for example, the
clerk cannot accept an over-vote where someone has voted for more candidates than
allowed.
The second question relates to Section 5.03 (as proposed) as to when the recall election
results must be certified. State law (Minn. Stat. §205.185, Subd. 3) until very recently
said:
“Within seven days after an election the governing body of a city..... shall
canvass the results”
A 2010 amendment to this law now requires the election be canvassed:
“between the third and the tenth day after an election”.
This amendment was approved March 24, 2010. The Charter Commission may want to
2
amend 5.03 to be consistent with current law.
The final question is whether the proposed Charter amendments (4-27-06) involve a
change to the substance of the existing Charter or are the proposed amendments primarily
grammatical and reorganizational. My conclusion, after a review of the existing Charter,
the proposed Charter and Minn. Stat. §410, is that the changes improve the document
grammatically and make it gender-neutral. Most of the changes affect organizational
clarity. Chapter 7 is new but it is essentially a restatement of Minn. Stat. §410.12.
There is one slight difference in state law (§410.112, subd. 7) and 7.05 (b) (as proposed).
Section 7.05 does not specifically use the language of §410.112, subd. 7 requiring that a
public hearing take place:
“At least two weeks, but not more than one month, after notice is published”
Section 7.05 (b) should probably contain the above language
Respectfully Submitted.
PH 4/27/06 – Not Adopted
5b. ii11a.iv. Formatted: Right
Chapter 1 - Name and Boundaries
Section 1.01 Name and boundaries. The City of Corcoran, Hennepin County, Minnesota
shall be a Municipal Corporation under that name and with the same boundaries as now
are or hereafter established.
Chapter 2 - Charter
Section 2.01 Interpretation and authority. This charter is drafted in recognition of M.S.
410.33. Unless modified by the specific language of this Charter, or to the extent this
Charter is silent, Minnesota Statues Chapter 410 and Sstatutory Ccity Llaw shall prevails
to the extent this charter is silent.
Section 2.02 City to succeed to rights and obligations of former city. The City shall
succeed to all property, rights, and privileges, and shall be subject to all legal obligations
of the City before adoption of the charter.
Section 2.03 Existing ordinances continued. All ordinances and regulations of the City
in force when this charter takes effect and not inconsistent with this charter are continued
in full force and effect until amended or repealed.
Section 2.04 Pending condemnations, improvements and assessments. Any
condemnation, improvements and assessments collection proceeding in progress when
this charter takes effect shall be continued, and collected as if this charter had not been
adopted.
Section 2.05 Ordinances to make charter effective. The City Council shall by
ordinance, resolution, or other appropriate action take such steps as may be necessary to
make effective the provisions of this Charter.
Section 2.01 Incompatible offices. No member of the council may
hold any paid municipal office or employment under the City other than that to which
elected, and until one year after the expiration of his term as mayor or council person no
former member shall be to any paid appointive office or employment under the City
which office or employment was created or the emoluments of which were increased
during his term as a councilman.
Chapter 3 - Initiative
Section 3.01 The People of Corcoran reserve the power, in accordance of this Chapter,
to initiate and adopt any ordinance, except an ordinance appropriating money or
authorizing the levy of taxes or affecting salaries of City officers or employees, and to
require such an ordinance when not passed by the City Council to be referred to the
electorate for approval or disapproval. THE PEOPLE OF CORCORAN RESERVE THE
PH 4/27/06 – Not Adopted
5b. ii11a.iv. Formatted: Right
POWER, IN ACCORDANCE OF THIS CHAPTER, TO INITIATE AND ADOPT ANY
ORDINANCE, EXCEPT AN ORDINANCE APPROPRIATING MONEY OR
AUTHORIZING THE LEVY OF TAXES, OR SALARIES OF CITY OFFICERS OR
EMPLOYEES AND TO REQUIRE SUCH AN ORDINANCE WHEN NOT PASSED
BY THE COUNCIL TO BE REFERRED TO THE ELECTIONS FOR APPROVAL OR
DISAPPROVAL.. .if the council passes the proposed ordinance with amendments and a
majority of the sponsoring committee do not disapprove the amended form by a
statement filed with the CIT CLERK within 10 days of its passage by the council, the
ordinance need not be submitted to the voters. If the council fails to enact the ordinance
in an acceptable form within 60 days after the final determination of sufficiency of the
petition, the ordinance shall be placed on the ballot at the next election occurring in the
City. If no election is to occur with 120 days after the filing of the petition, the council
shall call a special election on the ordinance to be held within such period. If a majority
of those voting on the ordinance vote in its favor, it shall become effective 30 days after
adoption, unless the ordinance specifies a later effective date.
Section 3.02 Any Ffive eligible voters/any five electors may form themselves into a
sponsoring committee for the initiation of any ordinance except as provided in permitted
under Section 3.01. Before circulating any petition they the sponsoring committee shall
file a certified copy of the proposed ordinance with the city City clerk Clerk together with
each of the sponsoring committee members’ their names and addresses as members of
such committee. They The sponsoring committee shall also attach a certified copy of the
proposed ordinance to each of the petition signature papers herein described, together
with each of their names and addresses as sponsors thereof.
Section 3.03 Adoption of an ordinance under this Chapter An initiative shall be initiated
by a petition complying with the requirements of this Chapter, Minnesota Statutes
Section 410.12, subd. 2, and signed by registered voters of the city City equal in number
to 10% of the total registered voters in the city City at the time of the last regular election.
Each petition shall be sponsored by a committee of five voters whose names and
addresses shall appear on the petition. Once the petition is found by the City Clerk to
comply with the form and signature requirements specified in Sections 3.02 and 3.03, to
be sufficient, the ordinance shall be submitted to the council City Council for
consideration as described in Section 3.041.
Section 3.04 If the Council passes the proposed ordinance with amendments and a
majority of the sponsoring committee do not disapprove the amended form by a
statement filed with the City Clerk within 10 days of its passage by the Council, the
ordinance need not be submitted to the electorate. If the Council fails to enact the
ordinance in the form proposed by the sponsoring committee, or in an amended form not
disapproved by the sponsoring committee, within 60 days after the final determination of
sufficiency of the petition, the ordinance shall be placed on the ballot at the next election
occurring in the City. If no election is to occur with 120 days after the filing of the
petition, the Council shall call a special election on the ordinance to be held within such
period. If a majority of those voting on the ordinance vote in its favor, it shall become
effective 30 days after adoption, unless the ordinance specifies a later effective date.
PH 4/27/06 – Not Adopted
5b. ii11a.iv. Formatted: Right
Chapter 4 - Referendum
Section 4.01 Any ordinance, adoption of which by initiative would be permitted
under Chapter 3, subject to the initiative may be subjected to referendum by a petition
pursuant to this Chapter 4.,
which shall state, at the head of each page or on an attached paper, a description of the
ordinance. A petition filed, other than an emergency ordinance, shall suspend its
operation as soon as the petition is found sufficient. Any ordinance upon which a petition
is filed, other than an emergency ordinance, shall be suspended in its operation as soon as
the petition is found sufficient. If the ordinance is not thereafter entirely repealed, it shall
be placed on the ballot at the next election or at a special election called for the purpose,
as a council determines. If a majority of the voters voting thereon favors the ordinance, it
shall go into effect; if a majority of the electors voting thereon votes against the
ordinance, the ordinance shall remain in effect but shall be repealed if a majority of the
voters voting on the ordinance vote against it.
Section 4.02 If, prior to the date when an ordinance capable of referendum takes
effect, a petition signed by qualified electrosregistered voters of the Ccity equal to 10%
of the total number of registered voters at the last regular municipal election immediately
preceding the filing of the petition, is filed with the Ccity Cclerk requesting that any such
ordinance be repealed or be submitted to vote of the electorates, upon a finding by the
City Clerk that the petition complies with the form and signature requirements specified
in Sections 3.02 and 4.02, the ordinance shall thereby be prevented from going intoshall
immediately be suspended in its operation. An emergency ordinance shall not be
suspended by the filing of a petition under this Chapter but shall otherwise be subject to
the referendum process herein. The council City Council shall thereupon reconsider the
ordinance at its next regular meeting and by a majority vote either repeal it or reaffirm its
adherence to the ordinance as enacted. In the latter case, the City cCouncil shall
immediately order a special election to be held thereon, or submit the ordinance for
referendum at the next regular municipal election, pending which the ordinance shall
remain suspended. If a majority of the electorates voting thereonf vote against the
ordinance, it is not effectiveshall be repealed.; but iIf a majority of the voters electorate
voting thereon approve favor the ordinance, it shall go into effectbecome operative
immediately, or on the date therein specified.
Chapter 5 - Recall
Section 5.01 Consideration by the electorate of the recall of any elected officer of the
city may be initiated by petition signed by registered voters of the City in number equal
to 10% of the total registered voters at the time of the last regular election.. The petition
shall state provide at the head of each signature page, or attached thereto, a recall
PH 4/27/06 – Not Adopted
5b. ii11a.iv. Formatted: Right
certificate stating the name of the officer whose removal is sought, in not more than 250
words the grounds for recall, which shall be malfeasance, misfeasance or nonfeasance in
office, in not more than 250 words, and the intention of the sponsoring committee to
bring about the officer'’s recall. Such petition shall be filed in the clerk-administrator'’s
office prior to circulation. If, following circulation, the petition or amended petition is
found by the City Clerk sufficient underto comply with the form and signature
requirements the provisions of Section 5.02 and 5.03 of this Cchapter, the city City clerk
Clerk shall transmit it the petition to the council City Council without delay, and shall
officially notify the person sought to be recalled of the sufficiency of the petition and the
pending action. The council City Council shall at its next meeting, by resolution, provide
for the holding of a special recall election within 90 days after such a meeting, except if
any other election is to occur within such 90 day period after such meeting, the council
City Council may in its discretion provide for the holding of the recall at such other
election. And, alsoThe City Council shall enter into the record of its proceedings, if
offered, in not more than 500 words, the written answer of the official concerned, in not
more than 500 words, of the official concerned in justification in of his or /her course
conduct of in office.
Section 5.02 Five eligible registered voters/any five electors may form themselves into
a sponsoring committee for the recall of any elected official. Before circulating any recall
petition they the sponsoring committee shall file a certified copy of the proposed recall
petition with the city City clerkClerk, together with their names and addresses of such
each member of the sponsoring committee. They The recall petition filed with the City
Clerk shall comply with the form requirements stated in Section 5.01.shall also attach a
certified copy of the proposed recall to each of the signature papers herein described,
together with their names and addresses as sponsors thereof.
Section 5.03 A recall shall be initiated by a petition signed by registered voters of the
city in equal number to 10% of the total registered voters at the same time of the last
regular election. Each petition shall be sponsored by a committee of five voters whose
names and addresses shall appear on the petition. Once the petition is found to be
sufficient, the recall shall be submitted to the council.
Section 5.04 The results of the recall election shall be certified at the City Council
meeting between the 3rd and the 10th day after an election and next following the election
city council meeting and shall be effective immediately upon such certification by the
city council.
Chapter 6 -– TransitionConflict of Interest
Section 6.01 Incompatible offices. No member of the council or mayor may hold any
paid municipal office or employment under the City other than that to which elected, and
until one year after the expiration of his or her term as mayor or council person, no
former member or mayor shall be appointed to any paid appointive office or hired for
employment under the City, which office or position of employment was created or the
PH 4/27/06 – Not Adopted
5b. ii11a.iv. Formatted: Right
emoluments of which were increased during his or her term as a council person or
mayor.
Section 6.01 City to succeed to rights and obligations of former city. The city shall
succeed to all property, rights, and privileges, and shall be subject to all legal obligations
of the city before adoption of the charter.
Section 6.02 Existing ordinances continued. All ordinances and regulations of the city
in force when this charter takes effect and not inconsistent with this charter are continued
in full force and effect until amended or repealed.
Section 6.03 Pending condemnations, improvements and assessments. Any
condemnation, improvements and assessments collection proceeding in progress when
this charter takes effect shall be continued, and collected as if this charter had not been
adopted.
Section 6.04 Ordinances to make charter effective. The council shall by ordinance,
resolution, or other appropriate action take such steps as may be necessary to make
effective the provisions of this charter.
Chapter 7 – Charter Amendment
Section 7.01 This Charter may be amended only in conformity with Minn. Stats.
Chapter 410 and by following one of the alternative statutory methods of amendment
described in this Chapter.
Section 7.02 Amendment by Petition. The Charter Commission shall propose
amendments to the charter upon the petition of registered voters equal in number to five
percent of the total votes cast at the last previous state general election in the City. All
petitions circulated with respect to the proposed amendment shall be uniform in character
and shall have attached the full text of the proposed amendment. However, in the case of
a proposed amendment containing more than 1,000 words, a true and correct copy of the
amendment may be filed with the City Clerk and the petition shall then contain a
summary of not less than 50 nor more than 300 words setting forth the nature and
substance of the proposed amendment. The summary, together with a copy of the
proposed amendment, shall first be submitted to the charter commission for its approval
as to form and substance. The summary shall contain a statement of the objects and
purposes of the proposed amendment, an outline of any proposed new scheme or
framework of government, and shall be sufficient to inform the petition signers of the
change in government sought by the proposed amendment. The Charter Commission
shall within ten days after submission return the summary to the petition sponsors with
such modifications as the Commission may deem necessary in order that the summary
may fairly comply with the requirements herein.
Section 7.03 Petitions. There shall appear on each petition the names and addresses of
five registered voters, and on each petition paper the same five names and addresses,
PH 4/27/06 – Not Adopted
5b. ii11a.iv. Formatted: Right
who, as the sponsoring committee, shall be regarded as responsible for the circulation and
filing of the petition. The petition signatures and circulators’ affidavits shall comply with
the requirements of Minnesota Statutes Section 410.12, subd. 2. All petition papers shall
be filed as one instrument with the City Clerk. Within ten days of filing the City Clerk
shall determine and certify to the City Council whether the petition is properly attested
and signed by a sufficient number of registered voters. If the City Clerk determines that
the petition is insufficient, the City Clerk will set forth in the certification the particulars
of such insufficiency and so notify the sponsoring committee. A petition may be
amended at any time within ten days after the City Clerk’s certificate of insufficiency by
filing additional papers signed and filed as provided in the case of an original petition.
The City Clerk shall within five days certify the sufficiency or insufficiency of such
amendment. If the City Clerk determines that the amended petition remains insufficient,
the City Clerk shall so certify, notify the sponsoring committee of such findings, and no
further action shall be taken on the insufficient petition. A finding of insufficiency shall
not prejudice the filing of a new petition for the same purpose.
Section 7.04 Election. Amendments shall be submitted to the electorate at a general or
special election. If a simple majority 51% of the votes cast on the amendment are in
favor of its adoption, the amendment shall take effect in 30 days from the date of the
election or at such other time as fixed in the amendment.
Section 7.05 Amendment by Ordinance. Charter amendments may be proposed or
enacted by ordinance in accordance with subsections 7.05(a) or 7.05(b).
Section 7.05(a) The City C ouncil may propose Charter amendments to the
electorate by ordinance. Any ordinance proposing an amendment shall be submitted to
the Charter Commission for review. The Charter Commission shall review the proposed
amendment within 60 days, subject to statutory extension, and shall promptly notify the
City Council of the Charter Commission’s approval, rejection, or recommended
substitute amendment. Upon receipt of the Charter Commission’s response, the City
Council may submit to the electorate for approval, in accordance with Section 7.04, either
the City Council’s original proposed amendment or the Charter Commission’s
recommended substitute amendment.
Section 7.05(b) The City Council may enact a Charter amendment upon a
recommendation of the Charter Commission. Within one month of receiving a Charter
Commission recommendation, the City Council shall cause to be published a notice of
public hearing on the proposal containing the text of the proposed amendment. The City
Council must hold the public hearing on the proposed charter amendment at least two (2)
weeks, but not more than one (1) month after the notice is published. The City Council
must vote on the proposed amendment within one month following the public hearing.
The amendment is enacted by ordinance if it receives the affirmative vote of all members
of the City Council. An ordinance enacted under this Section 7.05(b) shall not become
effective sooner than 90 days after enactment and subsequent publication. Within 60
days after enactment and publication, a petition requesting a referendum on the ordinance
may be filed with the City Clerk. The petition shall be signed by a number of registered
PH 4/27/06 – Not Adopted
5b. ii11a.iv. Formatted: Right
voters equal to two percent of the total votes cast in the last state general election as
certified in the official canvassed results and, except as to the number of signatures
required by this Section 7.05(b), the petition shall conform with the requirements of
Sections 7.02 and 7.03. If a sufficient petition is filed within the required time period, the
amendment will not become effective until submitted to and approved by the electorate in
accordance with Section 7.04.
Section 7.06 Amendment by Charter Commission Action. A new or revised charter may
be adopted in the manner provided by Minn. Stats. §§410.07, 410.10, and 410.11 for the
original adoption of a home rule charter.
Agenda Memo – July 22, 2010
Page 1
To: Mayor and City Council
From: Dan Donahue, City Administrator
Regarding: Administrator Notes
4) Open Forum.
5) Presentations.
6) Planning and Zoning.
7) Engineering. Consent
a) TIF Update-See report from city engineer
b) Other engineering activities. See memo from engineer.
8) Consent Agenda
a) Draft minutes of 07-08-10 CC meeting
b) Resolution 2010-31 Beer license for Jaycees” Corcoran Daze. Same set up as
last year.
c) Resolution 2010-32 Charitable Gambling License for Jaycees’ Corcoran Daze.
This is new this year as they have not had Pull Tabs” in the past
9) Staff Reports.
a) Charter Commission Draft Minutes of 06-10-10
b) Planning Commission Draft Minutes of 07-01-10
10) Unfinished Business.
a) Public Works Facility Discussion. See my report.
11) New Business
a) Charter Commission Amendment. Please review the Charter Commission
minutes in your packet. Commissioner Brian Lother will make a presentation on
the Charter amendments that the Charter Commission passed at their June 10,
2010 meeting. Present will be City Attorney Jeff Carson to answer any questions
you might have. Jeff will also advise you on the council’s options on proceeding
ahead (or not) with the recommendations.
12) Claims.
Agenda Memo – July 22, 2010
Page 2
13) Unscheduled and Other Items
Council Calendar
Planning 6/03/10 7/1/10 8/5/10 9/2/10 10/7/10 11/4/10
Milbrandt Guenthner Hudok Gmach Thomas Milbrandt
Parks & Trails 6/15/10 7/20/10 8/17/10 9/21/10 10/19/10 11/16/10
Guenthner Hudok Gmach Thomas Milbrandt Guenthner
Other June July Aug Sept Oct Nov
Upcoming Council Meetings.