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HomeMy WebLinkAbout08.30.06 Update From Aug. 29th Council Work Session C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Open Space Task Force PROM: Courtney Bednarz, City Plann4 SUBJECT: Update Prom August 29th Council Work Session DATE: August 30, 2006 INTRODUCTION The Council discussed the information prepared by the Task Force at last night's work session. Legal counsel also reviewed the updated ballot question and suggested several adjustments (attached). The Council asked the Task Force to consider a few items as the report for the September 5th Council Meeting is fmalized: Trails Council discussed the potential perception that referendum dollars would be used to expand the regional trail system and not to protect open space. They asked the Task Force to consider removing the reference to trails or to adjust the language to avoid this perception. Legal counsel has advised that the city could construct trails in open space with a different funding source whether or not they are referenced in the ballot question. If trails are to be kept in the ballot question, suggested changes included 'providing access to open space' or 'enhancing open space with trails'. It was also suggested that the commonly asked questions could be modified to dispel the perception of referendum dollars being used for the regional trail system. Air Quality Council asked if these words were necessary, as they are not discussed in the commonly asked questions or elsewhere. It was generally accepted that preservation of natural areas would result in preservation of air quality without these words. The Task Force was asked to determine if these words are necessary. This proposal would cost approximately $8 per year for tlfteen years for each $100,000 in property value on most property types. Council appreciated this statement more than the confusing language added by legal counsel and asked that it remain in the ballot question if legally permissible. Legal counsel discouraged the statement because specific authorization does not exist in statute. After further discussion, legal counsel stated they would accept the statement but indicated it may open the door to a very remote chance of a challenge to the validity of the ballot question. Should this statement be included? ACTION REOUESTED Please determine the final adjustments to thee items so that they may be presented to the Council on September 5th. Attachments Previous Ballot Question Resolution (including revised ballot question) Commonly Asked Questions 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 introduced 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. Project. 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 fmance the acquisition of land from willing sellers for the preservation of natural areas, water and air quality and wildlife habitat, 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 of7:00 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 1938824vl 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 a.m. 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 and wildlife habitat? 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 Riverd~e 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 Isl City Clerk 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 0 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 0 NO finance the acquisition of land from willing sellers for the preservation of natural areas, water and air quality and wildlife habitat? Spending would be subject to an annual audit." BY VOTING "YES" ON TIDS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. This proposal would cost approximately $8 per year for fifteen years for each $100,000 in property value on most property types. The maximum amount of increased levy as a percentage of market value is .0078% and the maximum all)ount that would be raised by the new referendum tax rate in the first year if it were to be levied is $195,539. 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 fmance the acquisition of land from willing sellers for the preservation of natural areas, water and air quality and wildlife habitat, for which spending would be subject to an annual audit. WITNESS my hand as such Clerk on September 5, 2006. City Clerk 1938824vl 7 [City Letterhead] , 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 I 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 1938824vl 10 Andover Elementary School 14950 Hanson Boulevard NW 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 fmance the acquisition of land from willing sellers for the preservation of natural areas, water and air quality and wildlife habitat? Spending would be subject to an annual audit. " Very truly yours, CITY OF ANDOVER, MINNESOTA By Its City Clerk 1938824vl 2 STATE OF MINNESOTA AFFIDA VIT 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) 1938824vl STATE OF MINNESOTA OFFICIAL RETURNS OF JUDGES COUNTY OF ANOKA 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 and wildlife habitat? Spending would be subject to an annual audit." V otes YES Votes NO Spoiled or Blank Ballots Total Ballots WITNESS our hands officially as such election officers on November _, 2006. (Attach Ballot) 1938824vl . . 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. WITNESS 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 and wildlife habitat, 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 and wildlife habitat? Spending would be subject to an annual audit." Votes YES Votes NO Spoiled or Blank Ballots Total Votes and said proposition, having received the approval of a majority of the votes cast thereon, is hereby declared to have carried. 1938824vl -- ----- - . 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 . STATE OF MINNESOTA COUNTYOFANOKA 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 1938824vl 3 . . Commonly Asked Questions 1. What will the city accomplish with this dedicated funding? Andover will use the funds to acquire land from willing sellers for protection of water and air quality, preservation of wildlife habitat and natural amenities. 2. How will the city do this? The city will acquire land and/or enter into land preservation agreements to permanently protect natural areas. 3. Where would the lands be located? Land throughout the city will be eligible for consideration. 4. What can be accomplished with $2,000,000? An initial investment by Andover residents will open the door to matching funds from public agencies, nonprofit organizations and corporate sponsors. Preservation can be accomplished in a variety of ways, including the purchase of property, dedication of conservation easements, purchase or transfer of development rights and park dedication. By utilizing a combination of funding sources and methods, the amount of land that can be protected will be multiplied. 5. How long will these properties be protected? The land will be protected in perpetuity. 6. How much will property taxes increase to fund this program and for how long? A property owner will pay about $8 per year for each $100,000 of assessed property value for fifteen years. The annual tax impact is expected to decrease in future years due to growth in the city's tax base. 7. How will the city ensure the program is effective? A citizen advisory committee appointed by the City Council will review spending and expenditures will be audited annually. This information will be open to public review. 8. Does the city have experience with similar projects? This year the city acquired more than 20 acres of natural habitat area and reached agreement to protect an additional 10 acres along the same wildlife corridor near Hanson Boulevard and 161 st A venue. The agreement includes a trail connection to the existing system along Hanson Boulevard. A restoration project in Kelsey Round Lake Park was also completed with funding from with the Department of Natural Resources and the Natural Resources Conservation Service. The city is currently working with the DNR, Coon Creek Watershed Management District, Tree Trust and Anoka County Parks to restore native plants in wetlands along Coon Creek. With dedicated funding acity wide effort to prese:J;Ve natural areas can be implemented. 9. What will the effect be on my property? Local and national research has shown that natural areas positively affect home values and consistently rank high on lists of homebuyer preferences. 10. Are there natural areas remaining in Andover that need to be protected? Yes. Approximately 40% of the city remains undeveloped. However, The Metropolitan Council forecasts the city's population will grow to 39,000 people with the addition of as many as 4,000 new homes by the year 2020. There is presently an opportunity to preserve unique natural areas from development for the enjoyment of residents now and in the years to come. 11. Will all property owners be required to pay this tax? No, state law exempts agricultural land and seasonal property from taxes used to repay all referendum debt. 12. Why would a landowner want to participate in this program? This would be an option for landowners who don't want to see their land developed but want to protect it for the enjoyment of future generations. For Additional Information Contact: at (763) 755-5100