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HomeMy WebLinkAbout08.29.06 Add. Info. - Open Space Referendum Discussion --- ---- ------ C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Additional Information - Open Space Referendum Discussion DATE: August 29, 2006 The attached documents are provided by the City's bond counsel and updated with information by the City's fiscal advisor. The documents are what will need to be approved at future meetings to comply with State of Minnesota statute requirements for a referendum ballot question. The attachments are as listed: Pgs 1 - 7 Resolution Calling For An Election On $2,000,000 General Obligation Bonds Pgs 8 - 9 Anoka County Auditor Notification Letter Pg 10 Affidavit Of Posting Notice Of Election And Of Posting Sample Ballot Pgs 11 - 12 Official Returns of Judges Of City Election Pgs 13 - 15 Resolution Canvassing Returns of Election I will review each of the documents briefly with the Council at the meeting. Attachments ---- --- EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: September 5, 2006 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Minnesota, was duly called and held at the City Hall on September 5, 2006, at _ o'clock p.m. The following members were present: and the following were absent: Member inti'odu~ the following resolution and moved its adoption: RESOLUTION CALLING FOR AN ELECTION ON $2,000,000 GENERAL OBLIGATION BONDS BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: 1. Proiect. This Council has investigated the facts and does hereby find, determine and declare that it is necessary and expedient to issue general obligation bonds to finance the acquisition of land from willing sellers for the preservation of natural areas, water and air quality, wildlife habitat and to enhance the trail system, for which spending would be subject to an annual audit. 2. Election. The proposition of authorizing the issuance of not to exceed $2,000,000 general obligation bonds for said purpose shall be submitted to the qualified electors of the City at the general election to be held on November 7,2006. The election shall be held between the hours of 7 :00 a.m. and 8 :00 p.m. The polling places for the election shall be: Precinct Polling Place 1 Hope Lutheran Church 16180 Round Lake Boulevard NW 2 Grace Lutheran Church 13655 Round Lake Boulevard NW 3 Riverdale Assembly of God Church 3210 Bunker Lake Boulevard NW 4 Crooked Lake Elementary School 2939 Bunker Lake Boulevard NW 1935824vl 5 Meadow Creek Church 3037 Bunker Lake Boulevard NW 6 Bunker Hills Activity Center 550 Bunker Lake Boulevard NW 7 Constance Evangelical Free Church 16150 Crosstown Boulevard NW 8 Andover Christian Church 16045 Nightingale Street NW 9 Prairie Oak Community Church 1657 161st Avenue NW 10 Andover Elementary School 14950 Hanson Boulevard NW 3. Notice and Ballot. The Clerk is hereby authorized and directed to post and publish according to law a Notice of Election and Ballot, and to prepare ballots for the question for use at the election, which notice and ballot shall be in substantially the following forms: 1938824vl 2 NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that an election on a question will be held in and for the City of Andover, Anoka County, Minnesota, on November 7,2006, between the hours of7:00 am. and 8 :00 p.m., at which time the following question will be submitted: "Shall the City of Andover, Minnesota, be authorized to issue its general obligation bonds in an amount not to exceed $2,000,000 to finance the acquisition of land from willing sellers for the preservation of: natural areas, water and air quality, wildlife habitat and to enhance the trail system? Spending would be subject to an annual audit." The polling places for the election shall be Precinct Polling Place 1 Hope Lutheran Church 16180 Round Lake Boulevard NW 2 Grace Lutheran Church 13655 Round Lake Boulevard NW 3 Riverdale Assembly of God Church 3210 Bunker Lake Boulevard NW 4 Crooked Lake Elementary School 2939 Bunker Lake Boulevard NW 5 Meadow Creek Church 3037 Bunker Lake Boulevard NW 6 Bunker Hills Activity Center 550 Bunker Lake Boulevard NW 7 Constance Evangelical Free Church 16150 Crosstown Boulevard NW 8 Andover Christian Church 16045 Nightingale Street NW 9 Prairie Oak Community Church 1657 161st Avenue NW 10 Andover Elementary School 14950 Hanson Boulevard NW 1938824vl 3 - - in the City, at which places all of the qualified electors of the City residing within the precinct with respect to which the polling place has been established may cast their ballots. Dated: , 2006. BY ORDER OF THE CITY COUNCIL Is! City Clerk , I t I {- 1938824vl 4 -------- CITY QUESTION BALLOT CITY OF ANDOVER November 7,2006 INSTRUCTION TO VOTERS: To vote for a question, put an (X) in the square next to the word "YES" for that question. To vote against a question, put an (X) in the square next to the word "NO" for that question. CITY QUESTION NO.1 PRESERVATION OF WATER, WILDLIFE AND NATURAL HABITAT AREAS o YES "Shall the City of Andover, Minnesota, be authorized to issue its general obligation bonds in an amount not to exceed $2,000,000 to o NO finance the acquisition ofland from willing sellers for the preserva' .f4c.U55 of: natural areas, .water and air QJlality ~ wildlife habitat and eDhancep t.)~1i ot=- ~ s~pending would be subject to an annual audit. ~ BY VOTING "YES" ON TIllS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. The maximum amount of increased levy as a percentage of market value is .0078%. The maximum amount that would be raised by the new referendum tax rate in the first year if it were to be levied is $195,539. JK~ \N'f- A-"D fepE-iL- f/UOi( fore /5'j~ 1938824vl 5 4. Election Judges. Election judges will be appointed at least twenty five days prior to the election. 5. Manner: Canvass. The election shall be held and conducted in accordance with the statutes of the State of Minnesota applicable, and the Council shall meet as required by law for the purpose of canvassing the election and declaring the results thereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 1938824vl 6 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and correct transcript therefrom insofar as the same relate to an election on the proposed issuance of general obligation bonds to finance the acquisition of land from willing sellers for the preservation of natural areas, water and air quality, wildlife habitat and to enhance the trail system, for which spending would be subject to an annual audit. WITNESS my hand as such Clerk on September 5, 2006. City Clerk 1938824vl 7 C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US ,2006 Anoka County Auditor 2100 Third Avenue Anoka, Minnesota 55303-2265 Dear County Auditor: Pursuant to Minnesota Statutes, Section 205.16, Subdivision 4, this letter is to formally advise you that the City of Andover, Minnesota, will be holding an election on a question on the date of the general election, November 7,2006, between the hours of7:00 a.m. and 8:00 p.m. at the following polling places in the City: Precinct Polling Place 1 Hope Lutheran Church 16180 Round Lake Boulevard NW 2 Grace Lutheran Church 13655 Round Lake Boulevard NW 3 Riverdale Assembly of God Church 3210 Bunker Lake Boulevard NW 4 Crooked Lake Elementary School 2939 Bunker Lake Boulevard NW 5 Meadow Creek Church 3037 Bunker Lake Boulevard NW 6 Bunker Hills Activity Center 550 Bunker Lake Boulevard NW 7 Constance Evangelical Free Church 16150 Crosstown Boulevard NW 8 Andover Christian Church 16045 Nightingale Street NW 9 Prairie Oak Community Church 1657 161st Avenue NW 10 Andover Elementary Sch~ol 14950 Hanson Boulevard NW 1938824vl CV - The following question will be submitted to the voters at that election: "Shall the City of Andover, Minnesota, be authorized to issue its general obligation bonds in an amount not to exceed $2,000,0000 to finance the acquisition of land from willing sellers for the preservation of: natural areas, water and air quality, wildlife habitat and to enhance the trail system? Spending would be subject to an annual audit." Very truly yours, CITY OF ANDOVER, MINNESOTA By Its City Clerk 1938824vl 2 @) . STATE OF MINNESOTA AFFIDAVIT OF POSTING COUNTY OF ANOKA NOTICE OF ELECTION AND CITY OF ANDOVER OF POSTING SAMPLE BALLOT The undersigned, City Clerk for the City of Andover, Minnesota, being first duly sworn on oath, deposes and says that on , 2006 (at least ten days before the election) she posted the Notice of Election, a true and correct copy of which is hereto attached, at the office of the City Clerk in said City, and at each of the following public and conspicuous places within said City: One at One at One at She further says that on , 2006, at least four days before the election, she posted a sample ballot, a true and correct copy of which is attached hereto, at the office of the City Clerk. On the election day, she posted a sample ballot at each polling place for the election. She further certifies that two weeks published notice of the election appeared in a newspaper published in the City, as evidenced by the affidavit of publication attached hereto, and that one week published notice of said sample ballot appeared in the official newspaper of the City as evidenced by the affidavit of publication attached hereto. City Clerk Subscribed and sworn to before me on , 2006. Notary Public (Attach Notice of Election, Sample Ballot and Publisher's Affidavits) c@ 1938824vl . STATE OF MINNESOTA OFFICIAL RETURNS OF JUDGES COUNTYOFANOKA CITY OF ANDOVER OF CITY ELECTION We, , , , Judges of the election held in the City of Andover, Anoka County, Minnesota, on November 7, 2006, DO HEREBY CERTIFY as follows: 1. On the date of the election we attended at the polling place for the election, to-wit: . 2. The polls for the election were duly opened at 7 :00 a.m. and remained open continuously thereafter until 8:00 p.m. on said day, and no longer. 3. The election was in all respects conducted according to law, and all qualified voters resident in the City who desired to vote thereat were permitted to do so. 4. Each person who voted thereat was furnished by us with an official ballot in form identical with the one hereto attached. 5. Forthwith upon the closing of the polls for the election, we proceeded to count and canvass the votes cast at the election upon the question set forth below, and thereupon found and determined and do hereby certify and declare, that the vote was as follows: "Shall the City of Andover, Minnesota, be authorized to issue its general obligation bonds in an amount not to exceed $2,000,000 to finance the acquisition of land from willing sellers for the preservation of: natural areas, water and air quality, wildlife habitat and to enhance the trail system? Spending would be subject to an annual audit." Votes YES Votes NO Spoiled or Blank Ballots Total Ballots WTINESS our hands officially as such election officers on November _, 2006. (Attach Ballot) @ 1938824vl _________________n_ __ ____ ____ . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that attached hereto is a full, true and correct copy of the official returns of the judges of the election held in said City on November 7, 2006, as shown in the files and records in my office. WTINESS my hand on , 2006. City Clerk 1938824vl 2 @ -- ------ . . EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: November -' 2006 Pursuant to due call and notice thereof: a special or regular meeting of the City Council of the City of Andover, Minnesota, was called and held at the City Hall on November _ 2006, at o'clock .M. - The following members were present: and the following were absent: The City Clerk presented affidavits of posting and publication of a Notice of Election held in accordance with the resolution adopted on September 5,2006, authorizing the election to vote on the question of the City of Andover issuing bonds in an amount not to exceed $2,000,000, to finance the acquisition of land from willing sellers for the preservation of natural areas, water and air quality, wildlife habitat and to enhance the trail system, for which spending would be subject to an annual audit, and also presented the official returns of the judges of election. Said affidavits and returns were duly examined, approved and ordered placed on file in the office of the City Clerk. Member introduced the following resolution and moved its adoption: RESOLUTION CANVASSING RETURNS OF ELECTION BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota (the "City"), that it is hereby found, determined and declared that the election held in and for the City on November 7, 2006, was in all respects duly and legally called and held and the returns thereof have been duly canvassed, and the votes cast at the election for and against the following question were as follows: "Shall the City of Andover, Minnesota, be authorized to issue its general obligation bonds in an amount not to exceed $2,000,000 to finance the acquisition of land from willing sellers for the preservation of: natural areas, water and air quality, wildlife habitat and to enhance the trail system? Spending would be subject to an annual audit." Votes YES Votes NO Spoiled or Blank Ballots Total Votes 1938824vl @ - - -- ---- --~~ - ----- , . and said proposition, having received the approval of a majority of the votes cast thereon, is hereby declared to have carried. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. ~ 1938824vl 2 @ _n_________ _ . . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original minutes on file and of record in my office and that the same is a full, true and correct transcript of minutes of a meeting of the City Council duly held on the date therein indicated, insofar as the same relates to canvassing the results of an election held in and for the City. WITNESS my hand as such City Clerk on November -' 2006. City Clerk 1 938824vl 3 @ -- ---- - -- - - - -- -- -- --- --- - ----- ANDOVER SPECIAL CITY COUNCIL WORKSHOP- AUGUST 29,2006 MINUTES OPEN SPACE REFERENDUM DISCUSSION City Administrator Dickinson explained an Andover Council 2005-2206 goal is to explore open space preservation. Questions relative to open space were integrated into the recent community survey conducted by Decision Resources, Inc. which indicated that there was strong support for the City to purchase open space for the purpose of preservation. The survey also indicated that residents would be supportive of an increase in property taxes to support open space preservation in the amount of $20.60 on an annual basis. Council discussion over those results has lead to the potential consideration of an open space referendum as part of the November 26 general election. In response to that discussion the Council created the "Open Space Task Force" on July 18, 2006 to prepare a report form presentation to the Council on September 5, 2006. Mr. Dickinson reviewed the staff report with the Council. Councilmember Trude arrived at 6:05 p.m. Councilmember Jacobson asked on the sample ballot question, the third line, air quality is not mentioned anywhere else. He thought they were reserving land and he wondered where air quality came into this and what would be the intent of the air quality cause. Mayor Gamache stated reading through the sample ballots and trust; there are two things that stand out. One is water quality and air quality is the other. What they are indicating to people is if they are not building more homes, roads and traffic, air quality will .be better. They are just protecting their open space to preserve quality. It is something people support. Councilmember Jacobson thought by indicating air quality, someone may come in and ask for something they did not intend. He wondered how they would say no to a request. Councilmember Orttel thought it was great if they could get these results out of open space but he thought having this in the provision would confuse people. Mr. Dickinson stated this is a point that is valid because if it is on a ballot as a question, it can be challenged by someone. Councilmember Jacobson wondered if they could use "to enhance air quality". The Open Space Task Force introduced themselves to the Council. Mr. Doug Falk stated that he is always interested in being involved in the city and added - - --- - - -- -- . that he would like to see the urban area constrained to allow open space to remain in the rural areas. Mr. Lyle Bradley stated anything they do on land or water has a direct effect on air quality. He stated he has been interested in this issue for years and he was happy Andover was looking into this. Any decision the Council makes, would have an effect on people fifty years down the road. Mr. Mark Miskowiec thought anything to preserve land is a good idea. He thought if larger cities are doing this, Andover should be able to do it also. Mr. Winslow Holasek stated he has always been interested in what happens in Andover. Ms. Rosella Sonsteby thought they were coming up with this at the wrong time. People are losing their jobs and homes and she thought there is plenty of land that Andover has now. She indicated she was against this. Mayor Gamache stated that is the reason they are bringing this to a referendum to give the people the ability to approve or deny this. Councilmember Trude stated the question is not clear how it is written regarding air quality. Councilmember Jacobson stated on the commonly asked question sheet, item two, they are also talking about the trail system. He thought they should add "and to enhance the trail system" to this. Councilmember Orttel thought the primary issue was to obtain open space and they would connect trails to it. He stated if they build trails, there would not be any money for land. Mr. Dickinson stated the money would be for land and through this they can connect regional trails to this. Councilmember Trude stated she would like that added so people are not confused. Mayor Gamache stated this was discussed in the Task Force. The trails would be different than the trails they already have and is a way to tie the existing trails together. He stated they want to preserve the land the way it is but they also want the land to be used. Councilmember Trude stated they needed to answer the question "Will the money be used to pave trails". She wondered what the role of trails with open space is. She stated they needed to explain how they plan to enhance the trails in the common questions. Mayor Gamache stated there are other ways they pay for trails. The intent of this is to buy land. Councilmember Orttel stated a lot of the open space does not need access, the ideal is to --- -- - ---- . leave areas open. He thought they could reword the question to say "To access the open space". Mr. Holasek stated trails have two purposes, transportation and nature. Mr. Falk asked if they could add in this not to have a paved trail because they want to keep it natural. Councilmember Trude stated they did not know what they were going to do with the trails because she understood paved trails were less obtrusive to nature. Mayor Gamache reviewed how else they will raise money to purchase open space besides taxes. Councilmember Orttel asked if they could bond off the proceeds of the original bond. Mr. Dickinson stated they could. Ms. Rosella Sonsteby asked if this was just to buy land or to build trails also. Mayor Gamache explained what they would like to do but they would not be paved transportation trails. Councilmember Jacobson asked how much it would cost to put this on the ballot. Mr. Dickinson stated the County has not told him what it will cost but he figured it would be minimal. Councilmember Jacobson asked if it would pass on a simple majority. Mr. Dickinson stated that was correct. Councilmember Trude thought it would be a good idea to show this to people who did not know anything about it and see what they would say. Mr. Dickinson explained how the task force came up with the ballot question. Councilmember Trude thought better wording would be to say "And to offer Nature Trails" instead of "To enhance the trail system". Mr. Dickinson stated the only problem with that is if they purchased land that they had planned to put a transportation trail on before even purchasing the land, there may be a problem putting a transportation trail on the land after purchased with the open space money. Councilmember Orttel stated he said before they should word it to say "To enhance the use and accessibility ofthe Nature Trail". Councilmember Jacobson thought the committee should work through this issue. Mayor Gamache thought the reason they worded this to say "enhance the trail" was to indicate different things could be done with this. The goal was to keep the open space and the trails would be the last thing. . Mr. Dickinson explained to the Council the language that is required by State Statute and the changes that were made to the ballot question as a result. There was discussion about how confusing the description of the amount of the tax was at the bottom of the ballot question. There was a consensus that the statement relating the amount to the value of homes should be added back if legally permissible. Mayor Gamache asked Mr. Dickinson to look into this further. Councilmember Orttel stated this was not going to be sold at the ballot box; it would be sold before then so he did not think the wording would make that much difference. Mr. Dickinson indicated they would work bring this information to the next Task Force meeting for discussion and review.