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HomeMy WebLinkAbout2025-10-15 Charter Commission Agenda Packet1.Call to Order/Roll Call 2.Pledge of Allegiance 3.Agenda Approval 4.Open Forum 5.Approval of Minutes a.Approval of Minutes 6.Unfinished Business 7.New Business a.Corcoran Charter Amendments b.Commissioner Term Update c.Annual Report to District Court Judge d.Charter Commission 2026 Annual Meeting Date 8.Adjournment Corcoran Charter Commission Agenda October 15, 2025 6:00 PM Revised 10/15/25 Commissioner Hakensen will be attending remotely via Zoom *Includes Materials - Materials relating to these agenda items can be found in the Council Chambers Agenda Packet book located by the entrance. The complete Council Agenda Packet is available electronically on the City website at www.corcoranmn.gov. 1 STAFF REPORT Agenda Item: 5.a Council Meeting: October 15, 2025 Prepared By: Deb Johnson, City Clerk Topic: Approval of Minutes Action Required: Approval Summary Staff has provided a draft of the minutes from the Annual Charter Commission meeting on November 12, 2024. It was discovered that the minutes for August 22, 2023 and September 26, 2023 Charter Meetings had not been presented for approval and they are being included. Recommendation Approve minutes for August 22, 2023, September 26, 2023 and November 12, 2024. Council Action Approve minutes for August 22, 2023, September 26, 2023 and November 12, 2024. Attachments 1. 2023-08-22 Draft Charter Commission Minutes.docx 2. 2024-11-12 DRAFT Charter Commission Minutes.docx 3. 2023-09-26 Draft Charter Commission Minutes.docx 2 CITY OF CORCORAN Charter Commission Special Meeting Minutes Tuesday, August 22, 2023 – 5:30 pm 1 The Corcoran Charter Commission met for a Special Meeting on Tuesday, August 22, 2023, at City Hall in Corcoran, Minnesota. The meeting was held remotely through electronic means using the audio and video conferencing platform Zoom. Present were Charter Commissioners Gmach, Guenthner, Coots, Hakensen, Tucker, Ferrian, Buchholtz, Hibbard and Lother. Present staff included Administrative Services Director Beise. 1. Call to Order Commission Chair Lother called the meeting to order at 5:30 pm. 2. Pledge of Allegiance Commission Chair Lother invited all in attendance to rise and join in the Pledge of Allegiance. 3. Approval of Agenda MOTION: made by Buchholz, seconded by Gmach to approve the agenda. Voting Aye: Lother, Gmach, Guenthner, Coots, Hakensen, Tucker, Ferrian, Buchholz, and Hibbard. (Motion carried 9:0) 4. Open Forum No persons were present for Open Forum. 5. Unfinished Business a. Council Structure The Commission discussed elections and changing the mayor’s term to a four-year term as a change to the Council structure. b. Continuation of Ward Discussion Commissioner Tucker presented his research on a comparable cities ward configuration. The Commission discussed the option of establishing a Ward system. c. Date for Annual Charter Commission Meeting 6. New Business 7. Adjournment MOTION: made by Buchholz, seconded by Hakensen to adjourn. Voting Aye: Lother, Gmach, Coots, Hakensen, Tucker, Ferrian, Buchholz and Hibbard. (Motion carries 8:0) Meeting adjourned at 6:52 pm. ________________________________ Debra Johnson City Clerk 3 Corcoran Charter Commission City Council Minutes November 12, 2024, 7pm 1 The Corcoran Charter Commission met on Tuesday, November 12, 2024 at City Hall in Corcoran, Minnesota. The meeting was held remotely through electronic means using the audio and video conferencing platform Zoom. Present were Charter Commissioners Gmach, Hakensen, Tucker, Ferrian, Coots, Tilbury, Hibbard and Lother. Present staff included City Administrator Tobin and City Clerk Johnson. 1. Call to Order Commission Chair Lother called the meeting to order at 7:05 pm. 2. Pledge of Allegiance Commission Chair Lother invited all in attendance to rise and join in the Pledge of Allegiance. 3. Approval of Agenda MOTION: made by Tilbury seconded by Ferrian to approve the agenda. Voting Aye: Lother, Gmach, Hakensen, Tucker, Ferrian, Buchholz, Coots and Hibbard. (Motion carried 8:0) 4. Open Forum No persons were present for Open Forum. 5. Unfinished Business a. Ward Discussion The discussions have been tabled indefinitely until the City finds that there is a need. 6. New Business a. Elections Communications Disscussion – Candidate Forum Review The Commission discussed the 2024 Election and the longer early voting period and provided comment on the Candidate Forum sponsored by the League of Women Voters on September 30, 2024.The Commission also discussed opportunities to educate Corcoran residents on candidates and local elections. b. Commissioner Term Update Chair Lother reported that six commissioners will have a term that will expire October 18, 2025. They are Gerald Tucker, David Hakensen, Daniel Buchholtz, Randy Ferrian, Meaghan Hibbard and Jonathan Coots. City Administrator Tobin stated that Commissioners are appointed at the beginning of each year by resolution. He encouraged Commissioners whose terms will end in 2025, to contact City Clerk Johnson with their intentions to apply for re-appointment or if they wish to resign as soon as they are able to give staff time to fill any seats that may be vacated. He also gave an update on open seats in the Parks & Trails Commission and Elm Creek Watershed Commission. c. City of Corcoran Incorporation City Administrator Tobin received an official document from Secretary of State Steve Simon documenting the date of the City of Corcoran’s Incoporation. The document demonstrates all the stages of Corcoran’s Story. The document provides three dates in history that demonstrate when Corcoran was incorporated as a Village, Township and then a City. It also defines Corcoran as a Home Charter City. 4 Corcoran Charter Commission City Council Minutes November 12, 2024, 7pm 2 7. Adjournment MOTION: made by Tilbury, seconded by Ferrian to adjourn. Voting Aye: Lother, Gmach, Hakensen, Tucker, Ferrian, Coots, Tilbury, and Hibbard. (Motion carries 8:0) Meeting adjourned at 8:14 pm. ________________________________ Debra Johnson City Clerk 5 CITY OF CORCORAN Charter Commission Annual Meeting Minutes Tuesday, September 26, 2023 – 6:00 pm 1 The Corcoran Charter Commission met on Tuesday, August 22, 2023, at City Hall in Corcoran, Minnesota. The meeting was held remotely through electronic means using the audio and video conferencing platform Zoom. Present were Charter Commissioners Gmach, Hakensen, Tucker, Ferrian, Coots, Tilbury, Hibbard and Lother. Present staff included Administrative Services Director Beise. 1. Call to Order Commission Chair Lother called the meeting to order at 6:00 pm. 2. Pledge of Allegiance Commission Chair Lother invited all in attendance to rise and join in the Pledge of Allegiance. 3. Approval of Agenda MOTION: made by Tilbury seconded by Ferrian to approve the agenda. Voting Aye: Lother, Gmach, Hakensen, Tucker, Ferrian, Buchholz, Coots and Hibbard. (Motion carried 8:0) 4. Open Forum No persons were present for Open Forum. 5. Approval of Minutes Staff is still compiling minutes for the last meetings and will plan to have them in advance for the next meeting. 6. Unfinished Business a. Council Structure The Commission continued discussions regarding elections and changing the mayor’s term to a four-year term as a change to the Council structure. MOTION: made by Tilbury, seconded by Ferrian to direct staff to have a second amendment to the Charter to address the Council Four-Year Terms. Voting Aye: Lother, Gmach, Hakensen, Tucker, Ferrian, Buchholz, Coots and Hibbard. MOTION: made by Gmach, seconded by Coots to adopt Charter Resolution 2023-01 Recommending an Amendment to the Corcoran City Charter. Voting Aye: Lother, Gmach, Hakensen, Tucker, Ferrian, Buchholz, Coots and Hibbard. b. Continuation of Ward Discussion The Commission decided to delay the continued discussion establishing a Ward system until the next meeting of the Charter Commission tentatively set for March 16, 2024. 7. New Business a. Review of Correspondence City Administrator Beise gave a recap of correspondence since the Charter Commission since the October 25, 2022 Annual Meeting. No correspondence was received. b. Commissioner Term Update City Administrator Beise reported on the status of current appointment terms for Charter Commissioners. c. Annual Report to District Court Judge City Administrator Beise provided an update on Commissioner terms. MOTION: made by Hakensen, seconded by Tilbury to approve the annual report to the chief district judge. 6 CITY OF CORCORAN Charter Commission Annual Meeting Minutes Tuesday, September 26, 2023 – 6:00 pm 2 Voting Aye: Lother, Gmach, Hakensen, Tucker, Ferrian, Coots, Tilbury, and Hibbard. (Motion carries 8:0) d. Charter Commission 2024 Annual Meeting Date MOTION: made by Hakensen, seconded by Buchholz to schedule the 2024 Annual Charter Commission meeting for Tuesday, September 10, 2024, at 6:00 p.m. 8. Adjournment MOTION: made by Tilbury, seconded by Hakensen to adjourn. Voting Aye: Lother, Gmach, Hakensen, Tucker, Ferrian, Coots, Tilbury, and Hibbard. (Motion carries 8:0) Meeting adjourned at 7:35 pm. ________________________________ Debra Johnson City Clerk 7 STAFF REPORT Agenda Item: 7.a Council Meeting: October 15, 2025 Prepared By: Deb Johnson, City Clerk Topic: Corcoran Charter Amendments Action Required: Adoption Summary City staff is recommending three amendments to align the Charter with its current practice and to ensure compliance with Minnesota Rules. 1. Amendment to Article 1 – Number of Commission Seats Article 1 of the Charter (second page) currently states: "Corcoran has seven commission seats." However, the Commission is currently operating with ten seats. The proposed amendment would add Section 9.01 Commission Size to include language to the Charter to memorialize the number of seats on the Commission. As of now, six of the ten commissioners have terms expiring on October 18, 2025. Of those six, only Commissioners Buchholtz and Coots have submitted applications for reappointment, which will be forwarded to the Chief Judge of Hennepin County District Court. Once these reappointments are confirmed, the Charter Commission will have a total of five active voting members. Resignations have been received from Commissioners Ferrian, Tucker, Hakensen, and Hibbard. These resignations should be formally accepted by the Commission at its meeting on October 16. Additionally, there is one vacant seat due to the resignation of Commissioner Guenthner in September 2024. Vacant seats cannot be posted until after the Charter amendments are approved by the Commission, and 90 days have passed following the City Council's public hearing to accept the Commission's recommendation and adopt the ordinance. After that period, staff recommends posting for: Two seats left vacant by Commissioners Tucker and Hakensen, both with a term expiring October 18, 2029 Reducing the Charter Commission to seven members would help maintain a quorum and allow staff to post up to two additional positions. Even if those remain vacant for a time, the Commission would still have enough members to meet and conduct business. 2. Amendment to Article 1 – Term Limits Article 1 also states: "No commissioner may serve more than two successive terms." This provision has not been historically followed, nor has it been standard practice. Removing it would align the Charter with actual Commission operations and avoid inconsistencies going forward. Staff proposes adding Section 9.02 Term Limits with language memorializing that there are no term limits. 3. Petition Compliance – Minnesota Rule 8205.1010 The City of Corcoran has been made aware of a potential update in the charter that needs review to ensure compliance. Minnesota Rule 8205.1010 states that all petitions for elections submitted by residents must include a space for each signatory's year of birth. This is necessary to confirm that each signatory is a qualified voter in the city. To bring the Charter into alignment, staff recommends adding language to Section 7.3 Petitions to include date of birth. 8 To amend the charter without requiring voter approval, the Charter Commission may propose an amendment without a referendum and must recommend that the City Council adopt the amendment by ordinance. The Council's obligation thereafter is to publish a notice of public hearing within one month of receipt of that recommendation from the Charter Commission. A public hearing must then be held at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the Council must vote on the proposed Charter amendment. The Council approval must be unanimous and all Council members present. If the Council unanimously approves the amendment, the ordinance must be published and would take effect 90 days after the passage and publication. Below is the proposed schedule and anticipated date Council will all be present for public hearing. Charter Commission Recommendation October 15, 2025 Notice Due to Paper November 6, 2025 Paper Publication November 13, 2025 Public Hearing December 11, 2025 Adoption December 11, 2025 Recommendation Adopt Charter Resolution 2025-01 Amending the Corcoran Charter Council Action Adopt Charter Resolution 2025-01 Amending the Corcoran Charter Attachments 1. 2025-10-15 DRAFT Amended Charter.pdf 2. 2025-10-15 Charter Articles.pdf 3. Resolution 2025-01 Charter Commission Amendments.doc 4. Ordinance 2025-XXX Amending Corcoran City Charter.doc 9 CORCORAN CHARTER 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 statutory city law shall prevail. 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. 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. Section 3.02 Any five eligible voters may form themselves into a sponsoring committee for the initiation of any ordinance permitted under Section 3.01. Before circulating any petition the sponsoring committee shall file a certified copy of the proposed ordinance with the City Clerk together with each of the sponsoring committee members’ names and addresses. 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. 10 Section 3.03 Adoption of an ordinance under this Chapter 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 equal in number to 10% of the total registered voters in the City at the time of the last regular election. 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, the ordinance shall be submitted to the City Council for consideration as described in Section 3.04. 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. Chapter 4 - Referendum Section 4.01 Any ordinance, adoption of which by initiative would be permitted under Chapter 3, may be subjected to referendum by a petition pursuant to this Chapter 4. Section 4.02 If, prior to the date when an ordinance capable of referendum takes effect, a petition signed by registered voters 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 electorate, 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 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 City Council shall thereupon reconsider the ordinance at its next regular meeting and by a majority vote either repeal or reaffirm the ordinance as enacted. In the latter case, the City Council 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 electorate voting thereon vote against the ordinance, it shall be repealed. If a majority of the electorate voting thereon approve the ordinance, it shall become operative immediately, or on the date therein specified. 11 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 provide at the head of each signature page, or attached thereto, a recall 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, and the intention of the sponsoring committee to bring about the officer’s recall. ’If, following circulation, the petition or amended petition is found by the City Clerk to comply with the form and signature requirements of this Chapter, the City Clerk shall transmit the petition to the 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 City Council shall at its next meeting, by resolution, provide for the holding of a special recall election within 90 days after such meeting, except if any other election is to occur within such 90 day period after such meeting, the City Council may in its discretion provide for the holding of the recall at such other election. The City Council shall enter into the record of its proceedings, if offered, the written answer of the official concerned, in not more than 500 words, in justification of his or her conduct in office. Section 5.02 Five registered voters may form themselves into a sponsoring committee for the recall of any elected official. Before circulating any recall petition the sponsoring committee shall file a certified copy of the proposed recall petition with the City Clerk, together with the names and addresses of each member of the sponsoring committee. The recall petition filed with the City Clerk shall comply with the form requirements stated in Section 5.01. Section 5.03 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 shall be effective immediately upon such certification. Chapter 6 – Conflict 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 emoluments of which were increased during his or her term as a council person or mayor. 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. 12 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 and dates of birth of five registered voters, and on each petition paper the same five names, and addresses and dates of birth who, as the sponsoring committee, shall be regarded as responsible for the circulation and filing of the petition. The petition form, signatures and circulators’ affidavits shall comply with the requirements of Minnesota Statutes Section 410.12, subd. 2 and Minnesota Rule 8202.1010, as each may be amended from time to time. 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 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). 13 Section 7.05(a) The City Council 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 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. Chapter 8 – Mayoral Term Section 8.01 Mayoral Term. The Mayor of the City of Corcoran shall be elected for a term of four years. Chapter 9 – Commission Size and Term Limits Section 9.01 Commission Size. Notwithstanding any other provisions in the Charter, the Commission shall have seven (7) seats. Any seats in excess shall be eliminated by attrition. See exhibit A. Section 9.02 Term Limits. The Charter Commission term limits, notwithstanding any other Charter provisions set forth, shall indicate that there are no limits to the number of terms an individual may serve on the Charter Commission. 14 Exhibit A After the elimination of three seats that have been vacated, the existing seats on the Corcoran Charter Commission as of the passage of Ordinance 2025-XXX shall be: Brian Lother (term expires 10/05/26) George Gmach – (term expires 10/05/26) Jim Tilbury – (term expires 03/17/27) Daniel Buchholtz – (term expires 10/18/25 – seeking reappointment) Jonathan Coots – (term expires 10/18/25 – seeking reappointment) David Hakensen (term expires 10/18/25 – not seeking reappointment – vacant) Gerald Tucker (term expires 10/18/25 not seeking reappointment – vacant) Eliminated seats: Randy Ferrian – Term ending October 18, 2025 (resigned 10/18/25) Meaghan Hibbard – Term ending October 18, 2025 (resigned 10/18/25) Ken Guenthner - Term ending March 31, 2027 (resigned 9/24) 15 CORCORAN CHARTER COMMISSION FIRST ARTICLE Corcoran Residents and the Home Rule Charter In 1992, Corcoran residents voted to change their city from a statutory city to a home rule city. The district judge appointed seven citizens to the charter commission and it has been in existence ever since. In Minnesota, there are two types of governing structures for cities. There are statutory cities and home rule cities. Statutory cities are governed by a mayor and city councilors and they derive their powers from Chapter 412 of Minnesota Statutes. Home rule cities also have a mayor and councilors, but in addition there exists a charter and a charter commission. Home rule cities can exercise any powers in their locally adopted charters as long as they do not conflict with state laws. Conversely, provisions to the charter can restrict the powers of a city. This means, consequently, that voters have more control over their city's powers in home rule cities. Any city can become a home rule city. To establish a home rule city, citizens are not restricted by differences in population, size, location or any physical feature. Of the 853 cities in the state, over 107 now function under a charter approved by its voters. Charters are often of interest to statutory cities when special problems cannot be solved under general city laws. If a statutory city finds itself in such a situation, it can request the Legislature to change the city code or adopt a special law applying to the specific problem within that city. Also, the statutory city could solve the problem by becoming a home rule city and adopting a home rule charter that specifies its powers. Residents in a local election must approve the charter. Very simply, home rule charters are like local constitutions. State laws permit a wide range of discretion in the content of a charter when one is adopted. Of course, the content of the charter must be consistent with the state laws that apply to all Minnesota cities. Home rule charter cities have the advantage of having the form of local government and range of powers as preferred by the city's voters. Another advantage of a home rule city is that the process educates the voters. Some of those voters will work on the charter commission. Also, voters must learn about the charter and its amendments as they may be asked to vote on proposed changes. Most importantly, if a state law does not address a specific issue, residents are not required to wait for the Legislature to address its issues. Rather, the city has the power to 16 make amendments to its charter to solve the problems themselves. Likewise, the city can adopt rules more stringent than those provided in the general state laws. In short, residents of statutory cities have control of their affairs through their elected representatives – mayor and city councilors. Residents in home rule cities have greater control of their affairs through elected representatives, the charter commission and the provisions within the charter. The cost of government under a city charter need not be greater or less than the cost of government in a statutory city. A disadvantage of home rule charters is that the experiences of other home rule cities may not help solve a problem of a home rule city. The Minnesota Supreme Court may have a ruling in one city's charter provisions but unless the provisions are very similar, the ruling will not apply. The best city charters give the city council the authority to provide detailed regulations through city ordinances. Also, a good charter grants the city a comprehensive range of powers. However, if citizens are concerned about the abuse of power, the charter can include initiative, referendum and recall provisions. The district court usually makes charter commission appointments. The only qualification for members of charter commissions is that they be qualified voters within that city. Commission members may hold another public office, but they may not hold a judicial office. Also, no commissioner may serve more than two successive terms. The judge interviews interested candidates and their resumes. Appointments are then made from those candidates that have stepped forward. Corcoran has seven commission seats. Announcements are made about open seats on the Charter Commission through the Crow River News and postings at City Hall. For further information, please visit the Corcoran City Hall or go to the City's Web site: www.ci.corcoran.mn.us. You may request a copy of Corcoran's charter by visiting the Corcoran City Hall at 8200 County Road 116, Monday through Friday, 8:00 a.m. to 4:00 p.m. The Corcoran Charter Commission Secretary, Brent J. Anderson, wrote this article on June 23, 2002. 17 CORCORAN CHARTER COMMISSION ARTICLE 2 Learning More About Corcoran's Charter and Charter Commission The function of a charter commission is to continue to study the local charter and government. The Charter Commission act requires that the commission meet at least once during any calendar year. In addition, the commission must meet to consider any proposals or resolutions that are presented by at least ten percent of the number of voters at the last city election, or by a resolution of a majority of the city council. The charter commission is like a standing constitutional convention. It has the power to propose charter changes at any time. If the city's charter does not work as seen fit by voters, it is the commission's duty to propose improvements. The charter commission must file an annual report of its activities with the chief judge on or before December 31 of each year. A copy must also be sent to the city clerk so that is available upon request of citizens. Amendments to a charter may happen in any one of five ways: (1.) The charter commission may propose amendments at any time. (2.) A number of registered voters, equal to five percent of the total votes cast at the last city election, may sign and file a petition with the charter commission. The petition must state the proposed change to the charter. The commission must, then, submit the petition to popular vote. The amendment is sent to the city clerk who notifies the mayor and city council. The council may not refuse to submit or change the amendment as long as it is constitutional. A city council does not need to submit to voters an amendment that is unconstitutional. (3.) The city council may propose an amendment by ordinance for the charter commission to review. (4.) The charter commission may recommend the council amend the charter by ordinance. (5.) In cities of less than 10,000, the council may propose amendments by ordinance without submitting them to the charter commission for review. However, the amendment must then be submitted to the voters in an election just like any other amendment. The election concerning proposed amendment needs the favorable vote of 51 percent of those voting. Amendments take effect 30 days after the election or at some other time if the amendment so specifies. 18 A home rule charter may provide any powers to a city that could have been delegated by the Legislature and as long as they are consistent with state statutes. The charter, as in the case of larger cities, provide for medical clinics, public transit and industrial parks. It may authorize any range of public enterprise as long as public funds are not used for an unconstitutionally private purpose. The charter may require the city to have a budget system. The charter may also limit or broaden the purposes for which the city may spend money beyond the limits set for statutory cities. The charter may also impose restrictions on a city's acquisition of real estate needed for public purposes. A charter may not impose term limits, although the charter can provide for recall elections. Currently, Corcoran's Charter Commission is made up of the following seven residents: Brent Anderson (Secretary), Brian Lother (Vice Chair), Greg Ebert, David Gageby, Rod Snyder, Chuck Lymangood (Chair) and Steve Tillmans. Meetings are held at least once and often more frequently during the calendar year. Announcements about upcoming meetings and agendas are posted in the Crow River News and are posted at the Corcoran City Hall. For further information, please visit the Corcoran City Hall or go to the City's Web site: www.ci.corcoran.mn.us. You may request a copy of Corcoran's charter by visiting the Corcoran City Hall at 8200 County Road 116, Monday through Friday, 8:00 a.m. to 4:00 p.m. Additionally, you may contact the commission's secretary by email at brentjanderson@earthlink.net. The Corcoran Charter Commission Secretary, Brent J. Anderson, wrote this article on June 23, 2002. 19 CORCORAN CHARTER COMMISSION ARTICLE 3 Corcoran's Charter and its Charter Commission For your reference, here is the content of Corcoran's current charter: Corcoran Charter 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 CITY 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 20 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. 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 21 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. 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. 22 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. The best way to learn more about home rule charter cities and Corcoran's charter is to attend one of the meetings the Charter Commission holds each year. Please remember this, residents in home rule cities have greater control of their affairs through elected representatives, the charter commission and the provisions within the charter. Your understanding of Corcoran's Charter is an important component of the governing process and the future of Corcoran. For further information, please visit the Corcoran City Hall or go to the City's Web site: www.ci.corcoran.mn.us. You may request a copy of Corcoran's charter by visiting the Corcoran City Hall at 8200 County Road 116, Monday through Friday, 8:00 a.m. to 4:00 p.m. Additionally, you may contact the commission's secretary by email at brentjanderson@earthlink.net. The Corcoran Charter Commission Secretary, Brent J. Anderson, wrote this article on June 23, 2002. 23 Corcoran Charter Commission October 15, 2025 County of Hennepin State of Minnesota CHARTER COMMISSION RESOLUTION NO. 2025-01 Page 1 of 1 Motion By: Seconded By: A RESOLUTION RECOMMENDING AN AMENDMENT TO THE CORCORAN CITY CHARTER We the Charter Commission resolve to recommend the attached Charter amendment to the City Council for adoption. VOTING AYE VOTING NAY Gmach, George Gmach, George Lother, Brian Lother, Brian Tilbury, Jim Tilbury, Jim Guenthner, Ken Guenthner, Ken Tucker, Gerald Tucker, Gerald Hakensen, David Hakensen, David Buchholtz, Daniel Buchholtz,, Daniel Ferrian, Randy Ferrian, Randy Hibbard, Meaghan Hibbard, Meaghan Coots, Jonathan Coots, Jonathan Whereupon, said Resolution is hereby declared adopted on this 15th day of October, 2025. ___________________________________ Brian Lother – Charter Commission Chair ATTEST: ____________________________________ City Seal Debra Johnson – City Clerk 24 ORDINANCE NO. _____________ AN ORDINANCE AMENDING THE CORCORAN CITY CHARTER The Corcoran City Council ordains as follows: Section 1. Purpose. By adopting this Ordinance the Corcoran City Council is amending the existing Charter at the recommendation of the Charter Commission. The amendments are designed to set the size the Charter Commission and memorialize the existing seats and terms, eliminate term limits for Charter Commission members, and require that all petitions comply with Minnesota Rule 8205.1010. Section 2. Amendments. The Corcoran City Charter is hereby amended by adding the underlined language and eliminating the language which is struck through, as follows: CORCORAN CHARTER COMMISSION FIRST ARTICLE Corcoran Residents and the Home Rule Charter In 1992, Corcoran residents voted to change their city from a statutory city to a home rule city. The district judge appointed seven citizens to the charter commission and it has been in existence ever since. In Minnesota, there are two types of governing structures for cities. There are statutory cities and home rule cities. Statutory cities are governed by a mayor and city councilors and they derive their powers from Chapter 412 of Minnesota Statutes. Home rule cities also have a mayor and councilors, but in addition there exists a charter and a charter commission. Home rule cities can exercise any powers in their locally adopted charters as long as they do not conflict with state laws. Conversely, provisions to the charter can restrict the powers of a city. This means, consequently, that voters have more control over their city's powers in home rule cities. Any city can become a home rule city. To establish a home rule city, citizens are not restricted by differences in population, size, location or any physical feature. Of the 853 cities in the state, over 107 now function under a charter approved by its voters. 25 Charters are often of interest to statutory cities when special problems cannot be solved under general city laws. If a statutory city finds itself in such a situation, it can request the Legislature to change the city code or adopt a special law applying to the specific problem within that city. Also, the statutory city could solve the problem by becoming a home rule city and adopting a home rule charter that specifies its powers. Residents in a local election must approve the charter. Very simply, home rule charters are like local constitutions. State laws permit a wide range of discretion in the content of a charter when one is adopted. Of course, the content of the charter must be consistent with the state laws that apply to all Minnesota cities. Home rule charter cities have the advantage of having the form of local government and range of powers as preferred by the city's voters. Another advantage of a home rule city is that the process educates the voters. Some of those voters will work on the charter commission. Also, voters must learn about the charter and its amendments as they may be asked to vote on proposed changes. Most importantly, if a state law does not address a specific issue, residents are not required to wait for the Legislature to address its issues. Rather, the city has the power to make amendments to its charter to solve the problems themselves. Likewise, the city can adopt rules more stringent than those provided in the general state laws. In short, residents of statutory cities have control of their affairs through their elected representatives – mayor and city councilors. Residents in home rule cities have greater control of their affairs through elected representatives, the charter commission and the provisions within the charter. The cost of government under a city charter need not be greater or less than the cost of government in a statutory city. A disadvantage of home rule charters is that the experiences of other home rule cities may not help solve a problem of a home rule city. The Minnesota Supreme Court may have a ruling in one city's charter provisions but unless the provisions are very similar, the ruling will not apply. The best city charters give the city council the authority to provide detailed regulations through city ordinances. Also, a good charter grants the city a comprehensive range of powers. However, if citizens are concerned about the abuse of power, the charter can include initiative, referendum and recall provisions. 26 The district court usually makes charter commission appointments. The only qualification for members of charter commissions is that they be qualified voters within that city. Commission members may hold another public office, but they may not hold a judicial office. Also, no commissioner may serve more than two successive terms. The judge interviews interested candidates and their resumes. Appointments are then made from those candidates that have stepped forward. Corcoran shall have seven commission seats. Announcements are made about open seats on the Charter Commission through the Crow River News and postings at City Hall. For further information, please visit the Corcoran City Hall or go to the City's Web site: www.ci.corcoran.mn.us. You may request a copy of Corcoran's charter by visiting the Corcoran City Hall at 8200 County Road 116, Monday through Friday, 8:00 a.m. to 4:00 p.m. The Corcoran Charter Commission Secretary, Brent J. Anderson, wrote this article on June 23, 2002. CORCORAN CHARTER COMMISSION ARTICLE 2 Learning More About Corcoran's Charter and Charter Commission The function of a charter commission is to continue to study the local charter and government. The Charter Commission act requires that the commission meet at least once during any calendar year. In addition, the commission must meet to consider any proposals or resolutions that are presented by at least ten percent of the number of voters at the last city election, or by a resolution of a majority of the city council. The charter commission is like a standing constitutional convention. It has the power to propose charter changes at any time. If the city's charter does not work as seen fit by voters, it is the commission's duty to propose improvements. The charter commission must file an annual report of its activities with the chief judge on or before December 31 of each year. A copy must also be sent to the city clerk so that is available upon request of citizens. Amendments to a charter may happen in any one of five ways: (1.) The charter commission may propose amendments at any time. (2.) A number of registered voters, equal to five percent of the total votes cast at the last city election, may sign and file a petition with the charter commission. The petition must state the proposed change to the charter. The commission must, then, submit the petition to popular vote. The amendment is sent to the city clerk who notifies the mayor and city 27 council. The council may not refuse to submit or change the amendment as long as it is constitutional. A city council does not need to submit to voters an amendment that is unconstitutional. (3.) The city council may propose an amendment by ordinance for the charter commission to review. (4.) The charter commission may recommend the council amend the charter by ordinance. (5.) In cities of less than 10,000, the council may propose amendments by ordinance without submitting them to the charter commission for review. However, the amendment must then be submitted to the voters in an election just like any other amendment. The election concerning proposed amendment needs the favorable vote of 51 percent of those voting. Amendments take effect 30 days after the election or at some other time if the amendment so specifies. A home rule charter may provide any powers to a city that could have been delegated by the Legislature and as long as they are consistent with state statutes. The charter, as in the case of larger cities, provide for medical clinics, public transit and industrial parks. It may authorize any range of public enterprise as long as public funds are not used for an unconstitutionally private purpose. The charter may require the city to have a budget system. The charter may also limit or broaden the purposes for which the city may spend money beyond the limits set for statutory cities. The charter may also impose restrictions on a city's acquisition of real estate needed for public purposes. A charter may not impose term limits, although the charter can provide for recall elections. Currently, Corcoran's Charter Commission is made up of the following seven residents: Brent Anderson (Secretary), Brian Lother (Vice Chair), Greg Ebert, David Gageby, Rod Snyder, Chuck Lymangood (Chair) and Steve Tillmans. Meetings are held at least once and often more frequently during the calendar year. Announcements about upcoming meetings and agendas are posted in the Crow River News and are posted at the Corcoran City Hall. For further information, please visit the Corcoran City Hall or go to the City's Web site: www.ci.corcoran.mn.us. You may request a copy of Corcoran's charter by visiting the Corcoran City Hall at 8200 County Road 116, Monday through Friday, 8:00 a.m. to 4:00 p.m. Additionally, you may contact the commission's secretary by email at brentjanderson@earthlink.net. The Corcoran Charter Commission Secretary, Brent J. Anderson, wrote this article on June 23, 2002. 28 Updated October 15, 2025 CORCORAN CHARTER COMMISSION ARTICLE 3 Corcoran's Charter and its Charter Commission For your reference, here is the content of Corcoran's current charter: Corcoran Charter 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 CITY 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 29 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. 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 30 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. 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. 31 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. The best way to learn more about home rule charter cities and Corcoran's charter is to attend one of the meetings the Charter Commission holds each year. Please remember this, residents in home rule cities have greater control of their affairs through elected representatives, the charter commission and the provisions within the charter. Your understanding of Corcoran's Charter is an important component of the governing process and the future of Corcoran. For further information, please visit the Corcoran City Hall or go to the City's Web site: www.ci.corcoran.mn.us. You may request a copy of Corcoran's charter by visiting the Corcoran City Hall at 8200 County Road 116, Monday through Friday, 8:00 a.m. to 4:00 p.m. Additionally, you may contact the commission's secretary by email at brentjanderson@earthlink.net. The Corcoran Charter Commission Secretary, Brent J. Anderson, wrote this article on June 23, 2002. CORCORAN CHARTER 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. 32 410.33. Unless modified by the specific language of this Charter, or to the extent this Charter is silent, Minnesota Statues Chapter 410 and statutory city law shall prevail. 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. 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. Section 3.02 Any five eligible voters may form themselves into a sponsoring committee for the initiation of any ordinance permitted under Section 3.01. Before circulating any petition the sponsoring committee shall file a certified copy of the proposed ordinance with the City Clerk together with each of the sponsoring committee members’ names and addresses. 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 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 equal in number 33 to 10% of the total registered voters in the City at the time of the last regular election. 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, the ordinance shall be submitted to the City Council for consideration as described in Section 3.04. 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. Chapter 4 - Referendum Section 4.01 Any ordinance, adoption of which by initiative would be permitted under Chapter 3, may be subjected to referendum by a petition pursuant to this Chapter 4. Section 4.02 If, prior to the date when an ordinance capable of referendum takes effect, a petition signed by registered voters 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 electorate, 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 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 City Council shall thereupon reconsider the ordinance at its next regular meeting and by a majority vote either repeal or reaffirm the ordinance as enacted. In the latter case, the City Council 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 electorate voting thereon vote against the ordinance, it shall be repealed. If a majority of the electorate voting thereon approve the ordinance, it shall become operative immediately, or on the date therein specified. 34 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 provide at the head of each signature page, or attached thereto, a recall 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, and the intention of the sponsoring committee to bring about the officer’s recall. ’If, following circulation, the petition or amended petition is found by the City Clerk to comply with the form and signature requirements of this Chapter, the City Clerk shall transmit the petition to the 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 City Council shall at its next meeting, by resolution, provide for the holding of a special recall election within 90 days after such meeting, except if any other election is to occur within such 90 day period after such meeting, the City Council may in its discretion provide for the holding of the recall at such other election. The City Council shall enter into the record of its proceedings, if offered, the written answer of the official concerned, in not more than 500 words, in justification of his or her conduct in office. Section 5.02 Five registered voters may form themselves into a sponsoring committee for the recall of any elected official. Before circulating any recall petition the sponsoring committee shall file a certified copy of the proposed recall petition with the City Clerk, together with the names and addresses of each member of the sponsoring committee. The recall petition filed with the City Clerk shall comply with the form requirements stated in Section 5.01. Section 5.03 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 shall be effective immediately upon such certification. Chapter 6 – Conflict 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 35 was created or the emoluments of which were increased during his or her term as a council person or mayor. 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 and dates of birth of five registered voters, and on each petition paper the same five names, and addresses, and dates of birth who, as the sponsoring committee, shall be regarded as responsible for the circulation and filing of the petition. The petition form, signatures, and circulators’ affidavits shall comply with the requirements of Minnesota Statutes Section 410.12, subd. 2 and Minnesota Rule 8205.1010, as each may be amended from time to time. 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. 36 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 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 Council 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 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 37 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. Chapter 8 – Mayoral Term Section 8.01 Mayoral Term. The Mayor of the City of Corcoran shall be elected for a term of four years. Chapter 9 – Commission Size and Term Limits Section 9.01 Commission Size. Notwithstanding any other provisions in the Charter, the Commission shall have seven (7) seats. Any seats in excess shall be eliminated by attrition. See Exhibit A hereto. Section 9.02 Term Limits. Notwithstanding any other Charter provisions set forth herein, there shall be no limit to the number of terms an eligible individual may serve on the Charter Commission. Section 3. This Ordinance will be effective 90 days after its passage and publication. Passed by the Council of the City of Corcoran, Hennepin County, Minnesota, this day of , 2025. Mayor ATTEST: Clerk 38 Exhibit A After the elimination of three seats that have been vacated, the existing seats on the Corcoran Charter Commission as of the passage of Ordinance No. _______ shall be: Brian Lother (term expires 10/5/26) George Gmach (term expires 10/5/26) Jim Tillbury (term expires 3/17/28) Daniel Buchholtz (term expires 10/18/25 – seeking reappointment) Jonathan Coots (term expires 10/18.25 – seeking reappointment) David Hakenson (term expires 10/18/25 – not seeking reappointment - vacant) Gerald Tucker ((term expires 10/18/25 – not seeking reappointment - vacant) Eliminated seats: Randy Ferrian – Term ending October 18, 2025 (resigned 10/18/25) Meaghan Hibbard – Term ending October 18, 2025 (resigned 10/18/25) Ken Guenthner -- Term ending March 31, 2027 (resigned 9/2024) 39 STAFF REPORT Agenda Item: 7.b Council Meeting: October 15, 2025 Prepared By: Deb Johnson, City Clerk Topic: Commissioner Term Update Action Required: Approval Summary The following is the current appointment terms for Charter Commissioners: Term ending October 18, 2025 Gerald Tucker - resigned 10/18/25 David Hakensen - resigned 10/18/25 Daniel Buchholtz - submitted application for re-appointment Randy Ferrian - resigned 10/18/25 Meaghan Hibbard - resigned 10/18/25 Jonathan Coots - submitted application for re-appointment Term ending October 5, 2026 George Gmach Brian Lother Term ending March 1, 2027 Open seat - Ken Guenthner resigned September 2024 Term ending March 17, 2028 Jim Tilbury Recommendation Discuss and accept resignations and applications for reappointment of Commissioners Council Action Discuss and accept resignations and applications for reappointment of Commissioners Attachments 1. Gerry Tucker Resignation.pdf 2. David Hakensen Resignation.pdf 3. Meaghan Hibbard Resignation.pdf 4. Randy Ferrian Resignation.pdf 5. 2025-09-11 Charter Commission Application D. Buchholtz_Redacted.pdf 6. 2025-09-11 Charter Commission Application J. Coots redacted_Redacted.pdf 40 41 1 Deb Johnson From:David Hakensen <david.hakensen@hcopr.com> Sent:Monday, August 18, 2025 6:37 PM To:Deb Johnson Subject:RE: Corcoran Charter Commission - Term Expiration and Reappointment Hello Deb, thank you for your note – I was just thinking that my term was up! I am not interested in being reappointed, only because I am spending a good deal of time at my lake cabin in northern Minnesota. I do not feel that I should hold a seat that would be better served by someone who is more active in living in Corcoran on a day-to-day to basis. I’ve enjoyed my time serving and will follow the commission’s work through the city’s newsletter and website. Thank you for giving me the opportunity to be of service to Corcoran. Sincerely, David Hakensen From: Deb Johnson <dkjohnson@corcoranmn.gov> Sent: Monday, August 18, 2025 3:22 PM Subject: Corcoran Charter Commission - Term Expiration and Reappointment Good afternoon, Commissioners, You are receiving this message because your current term on the Corcoran Charter Commission is set to expire on October 18, 2025. I’m reaching out to confirm your interest in being reappointed for another 4- year term on the Commission. Please let me know your intentions no later than 5:00 PM on September 3, 2025, to allow time for posting any open seats and preparing reappointments for consideration at the City Council Meeting on September 11, 2025. Thank you for your continued service. This message was sent from outside of the organization. Please do not click links or open attachments unless you recognize the source of this email and know the content is safe. 42 1 Deb Johnson From:Meaghan Hibbard <meaghanhibbard@hotmail.com> Sent:Monday, September 8, 2025 12:34 PM To:Deb Johnson Subject:Re: Response Requested - Charter Commission Term Expiration and Reappointment Meaghan Hibbard 9823 Trail Haven Rd Corcoran, MN 55340 September 8, 2025 City of Corcoran Charter Commission Dear Commissioners, I am writing to formally resign from the City of Corcoran Charter Commission, effective at the end of my current term. It has been a privilege to serve, and I appreciate the opportunity to contribute to our city. Thank you. Sincerely, Meaghan Hibbard Get Outlook for iOS From: Deb Johnson <dkjohnson@corcoranmn.gov> Sent: Monday, September 8, 2025 8:09:30 AM To: Meaghan Hibbard <meaghanhibbard@hotmail.com> Subject: Re: Response Requested - Charter Commission Term Expiration and Reappointment Hello Meaghan, Can you please send a letter of resignation? It can be in email. I will need it going forward as we look for new Commissioners. Thank you for your service. Thank you. From: Meaghan Hibbard <meaghanhibbard@hotmail.com> Sent: Friday, September 5, 2025 6:31 PM 43 2 To: Deb Johnson <dkjohnson@corcoranmn.gov> Subject: Re: Response Requested - Charter Commission Term Expiration and Reappointment Hello Deb, I apologize for not seeing this email sooner! I am not interested in pursuing another term at this time. I am very sorry for not informing you by the deadline as requested. Thank you! Kindly, Meaghan Hibbard Get Outlook for iOS From: Deb Johnson <dkjohnson@corcoranmn.gov> Sent: Tuesday, September 2, 2025 1:24:19 PM Subject: Response Requested - Charter Commission Term Expiration and Reappointment Good afternoon Commissioners, Your current term on the Charter Commission is set to expire on October 18, 2025. This is just a reminder that I need to know your intentions by 5pm tomorrow so that we have time to allow for posting any open seats. Please see my previous email send on August 18th. Thank you. From: Deb Johnson <dkjohnson@corcoranmn.gov> Sent: Monday, August 18, 2025 3:22 PM Subject: Corcoran Charter Commission - Term Expiration and Reappointment Good afternoon, Commissioners, You are receiving this message because your current term on the Corcoran Charter Commission is set to expire on October 18, 2025. I’m reaching out to confirm your interest in being reappointed for another 4- year term on the Commission. Please let me know your intentions no later than 5:00 PM on September 3, 2025, to allow time for posting any open seats and preparing reappointments for consideration at the City Council Meeting on September 11, 2025. This message was sent from outside of the organization. Please do not click links or open attachments unless you recognize the source of this email and know the content is safe. 44 3 Thank you for your continued service. 45 1 Deb Johnson From:Randall Ferrian <randyferrian@gmail.com> Sent:Monday, August 18, 2025 8:02 PM To:Deb Johnson Subject:Re: Corcoran Charter Commission - Term Expiration and Reappointment Follow Up Flag:Flag for follow up Flag Status:Flagged Deb - As you requested, I wish to end my term on the Charter Commission when it expires on October 18th. I appreciate the opportunity to have served. Thank you. On Mon, Aug 18, 2025 at 3:22 PM Deb Johnson <dkjohnson@corcoranmn.gov> wrote: Good afternoon, Commissioners, You are receiving this message because your current term on the Corcoran Charter Commission is set to expire on October 18, 2025. I’m reaching out to confirm your interest in being reappointed for another 4-year term on the Commission. Please let me know your intentions no later than 5:00 PM on September 3, 2025, to allow time for posting any open seats and preparing reappointments for consideration at the City Council Meeting on September 11, 2025. Thank you for your continued service. This message was sent from outside of the organization. Please do not click links or open attachments unless you recognize the source of this email and know the content is safe. 46 47 48 49 50 STAFF REPORT Agenda Item: 7.c Council Meeting: October 15, 2025 Prepared By: Deb Johnson, City Clerk Topic: Annual Report to District Court Judge Action Required: Approval Summary Minnesota Statute 410.05 Subd. 2 states "The Commission shall submit to the chief judge of the district court, on or before December 31 of each year, an annual report outlining its activities and accomplishments for the preceding calendar year." Attached is a draft report for consideration. Recommendation Consider a motion to approve the annual report to the chief district judge Council Action Consider a motion to approve the annual report to the chief district judge Attachments 1. 2025 Charter Commision Annual Report.docx 51 A Hidden Gem Waiting To Be Discovered www.corcoranmn.gov 8200 County Road 116 Corcoran, MN 55340 Phone: 763-420-2288 Administrative Offices Public Works Offices 9100 County Road 19 Corcoran, MN 55357 Phone: 763-420-2652 Phone: 763-420-8966 Police Department Offices 8200 County Road 116 Corcoran, MN 55340 October 16, 2025 Chief Judge Kerry W. Meyer Fourth Judicial District Court Hennepin County Government Center 300 South 6th Street Minneapolis, MN 55487-0422 Honorable Judge Meyer, I am submitting this annual report on behalf of the Corcoran Charter Commission in accordance with Minnesota Statute 410.05, Subd. 2. The Commission has met to discuss Commissioner Terms and the need for several Charter Amendments on October 15, 2025. The agenda for the meetings can be found at www.corcoranmn.gov under Our Government-> Commissions-> Charter Commission-> Meetings/Videos/Agenda Packets. Sincerely, Brian Lother Commission Chair Corcoran Charter Commission 52 STAFF REPORT Agenda Item: 7.d Council Meeting: October 15, 2025 Prepared By: Deb Johnson, City Clerk Topic: Charter Commission 2026 Annual Meeting Date Action Required: Discussion Recommendation Discuss and consider a motion to schedule the 2026 annual meeting of the Charter Commission. Council Action Discuss and consider a motion to schedule the 2026 annual meeting of the Charter Commission. 53