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HomeMy WebLinkAbout07.18.06 Update on Potential Open Space ReferendumANL66V9A 5 • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763�) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Update on Potential Open Space DATE: July 18, 2006 INTRODUCTION An Andover Council 2005-2006 goal is to explore open space servation. Questions relative to open space were integrated into the recent community survey con ucte Decision Resources Inc. which indicated that there was strong support for the City to purchase open for the purpos preservation. The survey also indicated that residents would be supportive of an increase n property taxes to support open space preservation in the amount $20.60 on an annual basis. Council discussion over these results has lead to the potential consideration of an open space referendum as part of the November 2006 general election. This staff report summarizes progress since the July 50' Council meeting. • 1)1Jl;UJ�1VN The following are continued discussion topics, I have provided discussion summaries and staff follow up to each discussion point: 1. Should the Council pursue placing an open space referendum on the November 2006 general election? �/ The City Clerk has indicated that the deadline for a ballot question for the November 2006 general election would be September 15a'. At that time the exact wording for the nwJ ballot question would need to be ready. `� At the July 5t' Council meeting there was support by the Council to explore having a v question ready for the ballot. While the question still remains is whether or not there is pp enough time between now and September 15t to do the necessary research and answer all v the potential questions to have a successful open space referendum vote it appears that `►" �� other organizations such as the Trust for Public Land and the Anoka Conservation District are willing to assist where they can (Please refer to attached emails). Based on Council discussion, I am offering the following ballot language as a starting int and discussion tool: "Shall the City of Andover, Minnesota be authorized to issue it's general obligation bonds in an amount not to exceed $2,000,000 to finance the acquisition of land for the • preservation of natural open space, protection of water and air quality, preservation of w wildlife habitat areas, and to provide walking and biking trails, with acquisitions based on the recommendation of a citizens advisory committee and subject to City Council approval? " Update on Potential Open Space Referendum July 18, 2006 Page 2 of 3 2. Should the Council set up a committee to explore the open space referendum? At the July 5" Council meeting the Council indicated that they would like to pursue the formation of a citizen task force or committee to explore open space issues and advise the Council. A sign up sheet for residents was placed in the Council booth at the Andover Family Funfest, that sign up sheet (attached) has thirteen residents indicating they would like to serve. I have also attached a City map that identifies the areas of the City that would be represented by plotting each resident's address. The question for the Council at this point is, based on the timing for a November ballot question, is it feasible for a committee or task force that has yet to be formally created to complete all the necessary research to be prepared for a November 2006 general election ballot? The Council may want to consider utilizing a committee or task force for the purpose of determining the types of land that would be purchased. Regardless of the approach the Council wants to take with a committee or task force, I am requesting that the Council formally approve the creating of a committee or task force and discuss whether or not the current listing is a sufficient representation of the community. If the committee is approved I would suggest that the Council appoint two members of the Council to that committee as well. 3. What types of parcels would the Council like to focus on preserving? The Council was unsure about what types of parcels the City would focus on preserving and indicated that further research was necessary. City Staff has discussed this topic and does have opinions on some potential locations for preservation. Staffs primary suggestion is that a comprehensive review needs to done with the ultimate goal of \ \ creating a thoughtful interconnecting preservation of open space, parks and trails. In discussions with the Trust For Public Land, I inquired about whether or not Andover ` tj should better define "open space" or if a more targeted survey to determine what is 1V� acceptable to the residents was necessary. The Trust did like the idea of pursuing another survey, especially asking the specific question with individual price impact, and addressing public support for particular purposes for land protection (water quality, bcR wildlife, parks, trails) and reasons for raising funds (quality of life, saving land from development, future generations). Is this something the Council is interested pursuing? 4. Should a consultant be hired to assist? At the June 27'h workshop meeting the Council indicated they would like staff to contact representatives at the Trust For Public Land to seek their assistance in answering questions relative to open space and their advice on a potential open space referendum; that has been done. 0 • I have utilized the City's fiscal advisor, Ehlers & Associates to prepare an estimated tax • impact analysis (attached) and have contacted the City's bond counsel, Briggs & Morgan for various legal questions. Briggs did provide a check list, timeline and statutory reference sheet (attached). Update on Potential Open Space Referendum July 18, 2006 • Page 3 of 3 BUDGET AVAILABII.TTY The community survey cost was $13,750. The City did budget $20,000 for community survey related expenses, $6,250 is currently available to assist with incidental expenses if it is the Council's desire to pursue placing an open space referendum on the November 2006 general election. If additional budget is necessary, Finance would be able to provide suggested funding sources. ACTION REQUESTED The Council is requested to receive a presentation from staff, review and discuss the report, take various actions deems necessary and provide direction to staff on the next steps the Council would like to take. submitted, 'Attachments: -Emails - Citizen Task Force or Committee Sign Up -City Map Identifying Resident Representation - Estimated Tax Impact Analysis • -Bond Counsel handouts 40 James Dickinson From: Cordelia Pierson [Cordelia.Pierson@tpl.org] Sent: Thursday, July 06, 2006 7:25 PM To: Courtney Bednarz; Mike Gamache; James Dickinson Cc: josh.williams @anokaswcd.org; sstrommen @mnland.org; Jenna Fletcher, Susan Schmidt; Will Abberger Subject: Andover. Offer of assistance from the Trust for Public Landnational conservation finance Dear Mayor Gamache, Jim and Courtney: Page 1 of l d{ u I hope the meeting last night went well, and you received my voicemails about not being able to appear in person. As K promised Jim, I checked with Will Abberger, from TPL's national Conservation Finance team, concerning assistance he might be able to offer, and he said he would be glad to talk with you about next steps. / He suggested that Jim's idea of putting the balance of funds from the earlier survey into a survey would be worthwhile especially asking the specific question with individual price impact, and addressing public support for particular purposes for land protection (water quality, wildlife, parks, trails) and reasons for raising funds (quality of life, saving land from development, future generations). He would also have advice about how to approach the citizen committee timing and involvement. Will can be reached at his office on Friday, Monday all day, and Tuesday morning at 850- 222 -7911 x23. His cell phone is 850- 294 -2006. f4 C Another idea is using the expertise of the Anoka Conservation District (ACD) to assist with the citizen committee identification of priority areas. Josh Williams at ACD is a great resource for mapping and natural resource/water quality - related land conservation. Additionally, the Embrace Open Space (EOS) campaign might have some technical or communication (non - campaign) assistance resources to offer, and Jenna Fletcher is the lead on that - 651- 999 -5306. I will be back in the office on Thursday afternoon (July 13), and will be focussing on the Washington County campaign over the next few weeks. I am out again from July 24 - Aug 4. I look forward to hearing about your next steps, and whether our national conservation finance team, ACD, or EOS can help at this time. Cordelia Pierson Cordelia S.C. Pierson Program Manager The Trust for Public Land, Minnesota Office 2610 University Avenue, Suite 300 Saint Paul, MN 55114 651- 999 -5312 (direct) 651- 917 -2248 fax cordelia.pierson@lpl.org h=: / /www tpl org The Trust for Public Land - Conserving land for people since 1972. Because everyone needs a place to play outdoors. www.tnl.org 7/14/2006 Pagel of 2 ames Dickinson From: Josh Williams [Josh.Williams @anokaswcd.org] Sent: Friday, July 07, 2006 11:11 AM To: Cordelia Pierson; Courtney Bednarz; Mike Gamache; James Dickinson Cc: sstrommen @mnland.org; Jenna Fletcher; Susan Schmidt Will Abberger sA PO(� Subject: RE: Andover. Offer of assistance from the Trust for Public Landnational conservation finance To reiterate, ACD is more than happy to provide any assistance we can in identification and /or evaluation of priority areas for protection. We have a lot of data sets, and a number of different analysis techniques that can help in this process. Please feel free to contact me at any time to discuss this further or to move forward with priority resource identification. I am in today (Fri, July 7th), but will be out of the office Monday through Thursday of next week. I look forward to working with Andover on this initiative. Josh Williams Natural Resources Planner Anoka Conservation District 0015 Central Ave. NE #103 Ham Lake, MN 55304 Phone: 763 - 434 -2030 Ext. 11 Fax: 763 - 434 -2094 www.AnokaNaturalResources.com Fro&—GmdcLJa Pierson [ maifto :Cordeiia.Pierson @tpi.org] Sent: Thursday, TOP 06 7:25 PM To: CBednarz@ci.andover.mn.us aache @ci.andover.mn.us• JDickinson @ci.andover.mn.us Cc: Josh Williams; ssbommen @mnland.org�eernaFletcher; Susan Schmid - ' r Subject: Andover: Offer of assistance from the Trust forRu ' ai'onal conservation finance 'Rear 7/14/2006 Jim and Courtney: S) 11 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -51 D0 FAX (763) 755 -6923 • WWW.CLANDOVER.MN.US ATTENTION Are you interested in open space preservation? The Andover City Council has indicated that they would like to pursue the formation of a citizen task force or committee to explore open space issues and advise the Council. Please provide your name, address and phone number below if you would like to be considered for this committee. C' � 1 YVYY A)O AJ�� C&%P � 71 lf — 51151. �'C- �i I S9S`p C'-�h c, fd rU(nJ '74,3 - 3 2, oz eG rde4W 323�3D/( T�l oa (j IC, 6 �td1,j t � -7-G'zAv�t4-�/ A-"Vv4�- 'Y-2i-16613 Lo Arw q1" �(�t (o i �-[ l `' C_r'1 Oil Jove,,- q C I T Y 0 F A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US ATTENTION Are you interested in open space preservation? The Andover City Council has indicated that they would like to pursue the formation of a citizen task force or committee to explore open space issues and advise the Council. Please provide your name, address and phone number below if you would like to be considered for this committee. • Name Address Pbone re4,e," &, e) 73510 155 A kve NW —16 3-4D-) -5553 0 1r i • C City of Andover, Minnesota 0 EHLERS EsSmafed Tar impact �. . June 20. 2DW CRY C.O.OPEN SPACE BONDS Ch 47 Election Amount Financed S2,DD0,0OD Number of Year 15 Structure Equal P t=1 interest Rate 4.6D% Referendum Mkt VaL - Payable 20DG 2,522,273 00 Debt Levy Required 1D5% 185,539 Tax Rate 0.0070% Type of Property Taxable Market Value Tax Increase Debt Service On S2DO,DDD $16 250,DDD 19 30D,DDD 23 350,ODD 27 Residential 4DD,DOO 31 Homestead 450,000 35 500,ODD 39 550,DDO 43 6DO,DDD 47 550,DDD 50 7DD,DDD 54 750,DDD 5B $5DO,DDD $39 Commercial) 750,000 5B Industrial 1,DDO,OOD 7B 1,5M,DOD 116 2,000, 155 $30O,ODD $23 Agricultural 325,000 25 Homestead " 350,DDD 27 400,DDO 31 500,DDD 39 4 Agricultural $5,DD0 SO.DD Non- Homestsad 6,DDD O.DD Jdollars per acre) 7,ODD 0.00 a= OD $1DO,DDD $0.00 SeasonaVRecreabon 200,DOD 0.OD 300,ODD O.DD 400,ODD QAO O.DD 'The frgmes in the table are based on county tares for new bonded debt only, and do not indude tax levies for other purposes. Tax increases shown above are gross increases, not inciuding the impact of the state Property Tax Refund ("Circuit areakar� program. Many owners of homestead property wN qualify for a refund, based on their income and total property taxes. This will decrease the net tax effect of the bond issue for many property owners. "For agrim turaf homestead property, land and buildings beyond the house, garage, and one acre am exempt from raf-wrandum market value tax. Prepared by Ehlers & Assoaafes, Inc Preftrnimr.. For Discussion Purpmes ONLY 61SOr20i)6 Date Action 2006 Resolution Calling Election for Election Day of , 2006 No later than , 2006 Notify County Auditor of Election 53 days prior to Election Day No later than , 2006 Publish Notice of Election First publication 14 days prior to Publication to be for 2 consecutive weeks Election Day No later than , 2006 Post Notice of Election 10 days prior to Election Day No later than 12006 Publish Sample Ballot 7 days prior to Election Day No later than , 2006 Post Sample Ballot 4 days prior to Election Day Election Day — , 2006 Post Sample Ballot at Polling Place (City Hall) No later than , 2006 Resolution Canvassing Returns Within 7 days of Election Day Next regular Council meeting on , 2006 L J • 0 1438320x1 1D • ELECTION TIMELINE CITIES Reviewed June 2006 — No Changes from Last Revision - November 24, 2004 No special election on second Tuesday in December or within 40 days after state general election. No municipality may conduct a special election during the 19 weeks before the state primary election in the year ending in two, except for special elections conducted on the date of the school district general election (§ 204B.135, Subd. 4). By June 1, combine polling places; give county auditor notice within 30 days ( §204B.14, Subd. 2(b)) By June 1 of year of state general election or 90 days before election (if permitted) change precincts ( §204B.14, esp. Subd. 4). 60 days posted notice 90 days before - new polling places and no polling place changes between the state primary and the state general election ( §204B.16, Subd. 3), with 25 days notice to be given • 60 days before, give notice of changed precincts ( §204B.14, Subd. 4) 53 days before - notify county auditor of election ( §205.16, Subd. 4) (2004 Amendment) 46 days before — notify Secretary of State (provided by County Auditor) (§ 205.16, Subd. 5) (2004 Amendment) 30 days before - petition for hours 10 am. to 8 p.m. can be filed ( §205.175, Subd. 3), with 10 days notice to be given 1) 30 days before - printed ballots for absentee voting ( §204B.35, Subd. 4) 25 days before - appoint election judges ( §204B.21, Subd. 2) 25 days before - mail notice of any new polling place ( §204B.16, Subd. 1 a) 2 weeks' published notice of election (4th class cities can dispense with) ( §205.16, Subd. 10 days' notice of changed voting hours after petition ( §205.175, Subd. 3) • 10 days' posted notice (if published, can dispense with) ( §205.16, Subd. 1) 1380021v2 1 1l I week's published sample ballot (4th class cities can dispense with) ( §205.16, Subd. 2) • 4 days' posted sample ballot ( §205.16, Subd. 3) Election day posting of polling -place sample ballot ( §205.16, Subd. 3). No public meetings between 6 p.m and 8 p.m. ( §204C.03, Subd. 1) Within 7 days after, canvass and declare the results ( §205.185, Subd. 3) 5 days after canvass for a primary or special primary - contest period lapses ( §209.021, Subd. 1) 7 days after canvass for a special or general election -.contest period lapses ( §209.021, Subd. 1) First revote - no sooner than 180 days/6 months ( §475.58, Subd. la; §205.10) Second revote - no sooner than 1 year from first revote ( §475.58, Subd. 1 a) Mail balloting - see § §204B.45 through 204B.47. County Auditor approval required. 6 weeks (42 days) before, give notice of election and special mail procedure. §204B.46 2- question limit. 20 -14 days before, mail ballots. Ballots received until 8 p.m. on election day. ( §204B.45) NOTE: Home rule charter may control some aspects ( §205.02, Subd. 2) • CJ 1380021v2 2 0 SPECIAL ELECTION PROCEDURES FOR MINNESOTA CITIES Reviewed June 2006 — No Changes from Last Revision - November 24, 2004 All cites are to Minnesota Statutes Initial Resolution The initial resolution calling the special election should address the items detailed in this section: the question, hours, precincts, polling places, judges, and notice. Question, Hours. The first step in calling a special election is the adoption by the city council of a resolution which (1) states the amount the city proposes to borrow and the purpose for which the debt is to be incurred and (2) calls for the submission of the question to the vote of the electorate. §475.57. A question cannot be submitted if it was submitted to the voters within the previous 180 days, §475.58, Subd. la, or six months, §205.10, Subd. 1. This resolution must also include the date of the election and hours for voting, the location of each polling place and all propositions or questions to be voted upon at the election. §205.16, Subd. 1. Hours for voting, in all events including 5 p.m. to 8 p.m. (metro municipalities 10 am. to 8 p.m.), are to be those established for prior elections, until the earlier resolution establishing the hours is revoked. • §205.175. Precincts, Polling Q laces. The election precincts, polling places and officials for any special election shall be the same as at the last preceding general election in the municipality unless changed according to law. §204D.24, Subd. 1. Normally, a polling place is designated in each precinct in the city. However, in any city of the third or fourth class or having territory in more than one county or for two contiguous precincts having a combined total of fewer than 500 voters, the council may provide by June 1 for a single accessible combined polling place, giving the county auditor notice within 30 days after approval. §204B.14, Subd. 2(b). Judees. The initial resolution must also appoint the election judges who will serve at the special election. This appointment must be made at least 25 days before the election. §204B.21, Subd. 2. The election judges are appointed from the list of qualified voters eligible to vote in Minnesota, subject to various limitations including those of §204B.19, Subd. 5, requiring parry balance among election judges. §204B.19. Notice. The initial resolution must also include a sample of the notice of the special election. §475.59. The required contents of this notice are described below. For a fourth class city, the initial resolution may dispense with publication of the sample ballot, as mentioned below. Published and Posted Notice of the Election • Notice of the election should be timed and have contents as detailed below in this section. 1380021x2 1 0 County Auditor. At least 53 days prior to the election, the city clerk shall provide a • written notice to the county auditor, including the date of the election and the offices and questions to be voted on at the election. §205.16, Subd. 4. The County Auditor must notify the Secretary of State at least 46 days prior to the election. § 205.16, Subd. 5. Timine. In all cities, unless a home rule charter provides the manner for giving notice, the City Clerk must provide two weeks' published notice of the election and may also provide 10 days' posted notice of the election.. §205.16, Subd. 1. In any city of the fourth class (any city which has no more than 10,000 inhabitants, §410.01) the governing body may dispense with publication of the notice, so long as 10 days' posted notice is provided §205.16, Subd. 1. The term "two weeks' published notice" means that the notice must be published in the local official newspaper at least once during each calendar week for two calendar weeks, that at least five days must elapse between the two publications, and that at least 14 days must elapse between the first publication and the date of the election. § §645.11 and 645.13. The term "10 days' posted notice" means that the notice of the election must be posted in at least three places in the city, in a manner likely to attract attention, for at least the 10 day period immediately preceding the election. §645.12, Subd. 1. The City Clerk must also post a copy of this notice in his office for public inspection. §205.16, Subd. 1. The computation of duration excludes the first, and includes the last, day of the period §645.15. Content. The notice of the election must include the following information: (1) the question to be voted on, including the maximum amount of the bond • issue and the purpose of the proposed issue, § §475.59 and 205.16, Subd. 1; (2) the ballot needs to note that voting yes is voting for a tax increase, §275.60, and note the maximum increased levy and first year levy increase, §275.61 (expanded on below); (3) the date of the election and hours for voting; and (4) the location of each polling place. §205.16, Subd. 1. Additional Information on Ballot The ballot must include the following notice in bold face type "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE." The ballot must also state the maximum amount of the increased levy as a percentage of market value and the amount that will be raised by the new referendum tax rate in the first year it is to be levied § §275.60 and 275.61. Sample Ballots The City Clerk must, at least one week before the election, publish a sample ballot in the official newspaper of the city. In a non -metro fourth class city, the council may decide to dispense with the publication of the sample ballot. §205.16, Subd. 2. The City Clerk must also • post a sample ballot in his office for public inspection for at least four days before the election, and must post a sample ballot in each polling place on election day. §205.16, Subd 3. 138DM1v2 2 1 f • Number of Election Judges Except in precincts where voting machines are used, the City Council must provide one judge for every 150 votes cast in that precinct at the last similar election, provided that there must be at least three judges in each precinct for every election. Additional election judges may also be appointed to count ballots after voting has ended, and must be appointed in certain circumstances. Election judge trainees are not counted towards the required member of election judges. §204B.22. Official Ballots Official ballots should conform to the items detailed below in this section, as to the color, form, back, and preparation. Ballot. Color. The proposition relating to the issuance of bonds and all other questions relating to city affairs which are to be presented at the same election must be printed on one separate blue ballot and must be prepared, printed and distributed under the direction of the City Clerk at the same time and in the same manner as other municipal ballots. The ballots when voted must be deposited in a separate blue ballot box provided by the City Clerk for each voting precinct. §205.17, Subd. 4. Question Form. With respect to the proposition relating to the issuance of bonds, a • concise statement of the nature of the proposition must be printed on the ballots. To the left of the proposition there must appear the words "YES" and "NO ", and to the left of and on the same line with each of the words shall be printed a square, so that the voter may indicate by a mark (X) either a negative or an affirmative vote. Suitable instructions must also appear on the ballot directing the voter to put an (X) in the square before the word "YES" if the voter desires to vote for the proposition, or to put an (X) before the word 'NO" if the voter desires to vote against the proposition. §204B.36, Subd. 3. Additional Information on Ballot. The ballot must include the following notice in bold face type "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE.". The ballot must also state the maximum amount of the increased levy as a percentage of market value and the amount that will be raised by the new referendum tax rate in the first year it is to be levied. §§ 275.60 and 275.61. Back of Ballot. On the back of the ballot must be printed the words "Official Ballot ", the date of the election and lines for the initials of at least two election judges. The words must be printed so that they will be visible when the ballot is properly folded by the voter for deposit in the ballot box. §204B.37. Printing. The city clerk shall prepare and have printed the necessary election materials, including the ballots. §205.185, Subd. 1. Optical Scan Ballots. For provisions regarding the form of Optical Scan Ballots, see § . 206.90, Subd. 6. 1380021v2 3 0 Counting the Ballots and Canvassing the Returns • The election must be held and the returns must be made in the manner provided for the state general election, except as expressly provided by law. §205.185, Subd. 2; see Ch. 204C, especially § §204C.17 to 204C.26. The City Council must within seven days after the election canvass the returns and declare the results of the election. §205.185, Subd. 3. As to election night canvassing, a city or town cannot conduct a public meeting between the hours of 6 p.m. and 8 p.m. on the day that an election is held within its boundaries. §204C.03, Subd. 1. Home Rule Charter Cities With respect to the questions for which a special election may be called and the notice of election which must be given, the City's Charter may provide requirements different from those outlined above. In those cases, the charter requirements will prevail. §205.02, Subd. 2. Absentee Ballots Absentee ballots are governed by Ch. 203B. §203B.04. Applications are to be filed with the city or town clerk, unless the county auditor agrees to perform duties on behalf of the City. §203B.05, Subd. 2. Ballots returned to the Clerk are to be delivered to the appropriate election judges on election day. §203B.08, Subd. 3. Any municipality may by ordinance authorize an absentee counting board. §203B.12, Subd. 1 and 6. Mail Balloting • For special provisions on mail balloting, see § §204B.45 through 204B.47. Miscellaneous Precincts are governed by § §204B.14 and 204B.15, and polling places by § §204B.16 to 204B.18. Except as provided in Chapter 205, all of the provisions of the Minnesota election law are applicable to municipal elections, so far as practicable. §205.02, Subd. 1. Voting is by secret ballot. §205.185, Subd. 2. The period of time in which an election contest may be commenced elapses 5 days after canvass is completed for a primary or special primary election and 7 days after the canvass is completed for a special or general election. §209.021, Subd. 1. A question may be resubmitted to the voters upon a petition signed by a number of voters equal to 20% of the votes cast at the last general municipal election, if the question was not submitted in the previous six months (for bond questions, §475.58, Subd. la, indicates 180 days), or by the governing body on its own motion. §205.10, Subd. 1. Other Municipal Corporations The general statutes for municipal elections apply to school districts unless otherwise specifically provided by law. §200.015. Specifics for schools are set forth at Ch. 205A. Town elections on questions are governed by the same laws as city elections, with certain unique features, such as town general elections at §205.075. Special town meetings are not the same as town special elections, though the town board may provide for the casting of ballots (with is 1380021V2 4 0 • respect to a ballot at a special town meeting for the purpose of determining any matter of town business} in precincts and at polling places, as prescribed in § §204B.14 to 204B.16. §365.52. • U 1380021v2 5 1-7)