HomeMy WebLinkAbout2016-10-27 Charter Commission Agenda Packet CITY OF CORCORAN
*Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by
Door.
Corcoran Charter Commission
Annual Meeting Agenda
October 27, 2016 - 6:00pm
1. Call to Order / Roll Call
2. Pledge of Allegiance
3. Agenda Approval
4. Open Forum
5. Approval of Minutes
a. Draft Minutes of the October 8, 2015 Meeting*
6. Unfinished Business
7. New Business
a. Election of Officers*
i. Chair
ii. Vice Chair
iii. Secretary
b. Review of Correspondence*
c. Response to Questions from 2015 Meeting*
d. Commissioner Term Update*
e. 2017 Charter Commission Annual Meeting Date*
8. Unscheduled Items
9. Adjournment
City of Corcoran
Charter Commission Minutes
Thursday, October 8, 2015
The Corcoran Charter Commission met on October 8, 2015, at City Hall in Corcoran,
Minnesota. Present were Commissioners Asleson, Cossette, Gmach, Kluck, Lother,
Theis, and Tilbury.
Also present were City Administrator Martens and City Clerk/Administrative Services
Coordinator Beise.
1.Call to Order
Commission Chair Lother called the meeting to order at 6:00 pm.
Pledge of Allegiance
Commission Chair Lother invited all in attendance to rise and join in the Pledge of
Allegiance.
2.Approval of Agenda
Motion: made by Cossette, seconded by Asleson to approve the agenda as presented
Voting Aye: Asleson, Cossette, Gmach, Kluck, Lother, Theis and Tilbury
(Motion carried 7:0)
3.Approval of Minutes
a.Draft Minutes of 12/20/2012
Motion: made by Gmach, seconded by Kluck to approve the 10/23/14 Draft Minutes.
Voting Aye: Asleson, Cossette, Gmach, Kluck, Lother, Theis and Tilbury
(Motion carried 7:0)
4.Open Forum
No persons were present for Open Forum
5.Old Business
Commissioners questioned if Tax Increment Financing was different in a Statutory City
versus a Charter City. Staff noted they will look into this for the Commission.
Commissioners inquired about new charter commission members. Staff noted no
applications had been received. Commissioners discussed staggering terms.
Commissioners discussed a penalty of not having a meeting. The commission discussed
how to solicit additional members to the Charter Commission including asking current
Parks and Trails Commissioners and Planning Commissioners. The Commission asked
staff to continue to solicit additional commission members. The Commission discussed
that nine members would be the target number for commissioners. The Commission
discussed term limits. Staff noted they would confirm that there are not term limits.
6.New Business
a.Election of officers
Commission Chair Lother noted himself and Commissioner Theis were appointed in
2014.City Administrator Martens noted that City Clerk/Administrative Services
Coordinator Beise found that the officers’ terms in the past have been two year terms
and that in the past the commission elected a Vice Chair. The Commission discussed
appointing a Vice Chair for a one year term and appointing all three officers in 2016.
Motion: made by Cossette, seconded by Tilbury to appoint Commissioner Gmach as
Vice Chair.
Voting Aye: Asleson, Cossette, Gmach, Kluck, Lother, Theis and Tilbury
(Motion carried 7:0)
The Commission discussed the term limits for the Commission’s officers. City
Clerk/Administrative Services Coordinator noted that the Commission manual did not
discuss term limits on officers, however a supermajority can remove an officer. Staff
noted they would confirm that there are not term limits on officer positions.
Item 5a.
City of Corcoran
Charter Commission Minutes
Thursday, October 8, 2015
b. Review of Correspondence during 2014
No correspondence was received.
c. Discussion on future agenda items
The Commission discussed bonding and selling equipment prior to bonding being
complete. No action was taken.
d. Update on Commissioner Appointments
Commissioner appointments were reviewed under old business.
7. Information Exchange
The Commission discussed the purpose of the information exchange.
8. Adjournment
Motion: made by Gmach, seconded by Cossette to adjourn at 6:27 pm.
Voting Aye: Asleson, Cossette, Gmach, Kluck, Lother, Theis and Tilbury
(Motion carried 7:0)
________________________________
Jessica Beise – City Clerk/Administrative Services Coordinator
7a.
CITY OF CORCORAN
8200 County Road 116, Corcoran, MN 55340
763.420.2288 – Office 763.420.6056 – Fax
E-mail - general@ci.corcoran.mn.us / Web Site - www.ci.corcoran.mn.us
MEMO
Meeting Date: October 27, 2016
To: Charter Commission
From: Brad Martens, City Administrator
Re: Election of Officers
______________________________________________________________________
In years past the Charter Commission approved the Chair and Secretary position for
two year terms, this last took place in 2014. At the 2015 meeting the Charter
Commission voted to appoint Commissioner Gmach as Vice Chair and provided
direction to staff that all three positions should be appointed in 2016 for a two year term.
The Commission should by vote to appoint the positions of Chair, Vice Chair, and
Secretary for two year terms.
Attachment:
None
7b.
CITY OF CORCORAN
8200 County Road 116, Corcoran, MN 55340
763.420.2288 – Office 763.420.6056 – Fax
E-mail - general@ci.corcoran.mn.us / Web Site - www.ci.corcoran.mn.us
MEMO
Meeting Date: October 27, 2016
To: Charter Commission
From: Brad Martens, City Administrator
Re: Review of Correspondence
______________________________________________________________________
The last meeting of the Charter Commission took place on October 8, 2015. The
following is a recap of correspondence to the Charter Commission since that date.
• Petitions: none
• Initiatives to adopt an ordinance: none
• Initiative to recall an elected officer: none
• Proposed charter amendments: none
Attachment:
1. Ordinance 2010-254 Amending the Corcoran City Charter
ORDINANCE NO: 2010 -254
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.
The amendments are not a change in substance, but are grammatical and reorganizational in
nature and to make the Charter gender neutral. Section 7 is added to incorporate State law
relating to the process of amending the Charter.
Section 2. The amendment to the Corcoran. City Charter is as follows:
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 Cily 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
J nitiation 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 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.
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 10`x' 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.
Section 7.02 Amendment by Petition. The Charter Commission shall propose amendments to
the charter upon the petition of registered voters equal in number to five percent of the total votes
cast at the last previous state general election in the City. All petitions circulated with respect to
the proposed amendment shall be uniform in character and shall have attached the full text of the
proposed amendment. However, in the case of a proposed amendment containing more than
1,000 words, a true and correct copy of the amendment may be filed with the City Clerk and the
petition shall then contain a summary of not less than 50, nor more than 300 words setting forth
the nature and substance of the proposed amendment. The summary, together with a copy of the
proposed amendment, shall first be submitted to the charter commission for its approval as to
form and substance. The summary shall contain a statement of the objects and purposes of the
proposed amendment, an outline of any proposed new scheme or framework of government, and
shall be sufficient to inform the petition signers of the change in government sought by the
proposed amendment. The Charter Commission shall within ten days after submission return the
summary to the petition sponsors with such modifications as the Commission may deem
necessary in order that the summary may fairly comply with the requirements herein.
Section 7.03 Petitions. There shall appear on each petition the names and addresses of five
registered voters, and on each petition paper the same five names and addresses, who, as the
sponsoring committee, shall be regarded as responsible for the circulation and filing of the
petition. The petition signatures and circulators' affidavits shall comply with the requirements of
Minnesota Statutes Section 410.12, subd. 2. All petition papers shall be filed as one instrument
with the City Clerk. Within ten days of filing the City Clerk shall determine and certify to the
City Council whether the petition is properly attested and signed by a sufficient number of
registered voters. If the City Clerk determines that the petition is insufficient, the City Clerk will
set forth in the certification the particulars of such insufficiency and so notify the sponsoring
committee. A petition may be amended at any time within ten days after the City Clerk's
certificate of insufficiency by filing additional papers signed and filed as provided in the case of
an original petition. The City Clerk shall within five days certify the sufficiency or insufficiency
of such amendment. If the City Cleric 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 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.
Section 3. This Ordinance will be effective 90 days after its passages and publication
Passed by the Council of the City of Corcoran, Hennepin County, Minnesota, this 26th
day of August, 2010.
Mayor
ATTEST;
Clerk
SUMMARY ORDINANCE RELATING TO AMENDMENT
OF THE CORCORAN CITY CHARTER
The Corcoran City Council ordains as follows:
Section 1. Purpose.
This Ordinance is for the purpose of summarizing the Charter amendments recently
adopted by the Corcoran City Council. The amendments are not a change in substance, but are
grammatical and reorganizational in nature and intended to make the Charter gender neutral.
Section 2. The amendments to the Corcoran City Charter generally do the following:
Section. 2.01. Reorganize the Charter and make it grammatically correct and
make the Charter gender neutral.
Section 2.02. Chapter 7 of the amended Charter is a restatement of state law and
is designed to make use of the Charter.
Section 3. This Ordinance will be effective 90 days after its passages and publication.
Passed by the Council of the City of Corcoran, Hennepin County, Minnesota this 26`x'
day of August, 2010.
Mayor --
7c.
CITY OF CORCORAN
8200 County Road 116, Corcoran, MN 55340
763.420.2288 – Office 763.420.6056 – Fax
E-mail - general@ci.corcoran.mn.us / Web Site - www.ci.corcoran.mn.us
MEMO
Meeting Date: October 27, 2016
To: Charter Commission
From: Brad Martens, City Administrator
Re: Response to Questions from 2015 Meeting
______________________________________________________________________
The following questions were directed to staff at the 2015 meeting in which answers
were not immediately available:
1. Is tax increment financing (TIF) different in a statutory city versus a charter city?
a. No, per statute 469.174.
2. Are there term limits for Charter Commissioners?
a. No, per League of Minnesota Cities Handbook for Minnesota Cities,
Chapter 4.
3. Are there term limits for officer positions?
a. The Charter and statute are silent on this matter therefore no term limits
for officer positions exist.
Attachment:
None
7d.
CITY OF CORCORAN
8200 County Road 116, Corcoran, MN 55340
763.420.2288 – Office 763.420.6056 – Fax
E-mail - general@ci.corcoran.mn.us / Web Site - www.ci.corcoran.mn.us
MEMO
Meeting Date: October 27, 2016
To: Charter Commission
From: Brad Martens, City Administrator
Re: Commissioner Term Update
______________________________________________________________________
The following is the current appointment terms for Charter Commissioners:
Term ending August 26, 2018
Richard Asleson
Tom Cossette
George Gmach
Ken Kluck
Brian Lother
Term ending March 17, 2020
James Tilbury
Term ending March 22, 2020
Dorothy Theis
Appointment in process
Jennifer Russell
Attachment:
None
7e.
CITY OF CORCORAN
8200 County Road 116, Corcoran, MN 55340
763.420.2288 – Office 763.420.6056 – Fax
E-mail - general@ci.corcoran.mn.us / Web Site - www.ci.corcoran.mn.us
MEMO
Meeting Date: October 27, 2016
To: Charter Commission
From: Brad Martens, City Administrator
Re: 2017 Charter Commission Annual Meeting Date
______________________________________________________________________
The proposed date for the 2017 annual meeting is Thursday, October 26th.
Charter Commission action:
Consider a motion to schedule the 2017 annual meeting of the Charter
Commission for Thursday, October 26th 2017.
Attachment:
None