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HomeMy WebLinkAboutCity Council Packet 09-10-1996 SpecialPLYMOUTH CITY COUNCIL SPECIAL COUNCIL MEETING TUESDAY, SEPTEMBER 10, 1996 8:00 P.M. Public Safety Training Room 1. Call to Order 2. Roll Call 3. Consider a Discretionary Environmental Assessment Worksheet for Plymouth Ponds Building Four (tabled from 9/4/96) 4. Consider Charter Commission recommendation on proposed Charter Amendment regarding super -majority vote requirement for tax levy increase 5. Adjourn Pdc DATE: September 10, 1996 TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager SUBJECT: Report from Charter Commission Public Hearing Csun September 9, 1996 the Charter Commission held a public hearing on the proposed permajority vote requirement for a tax rate increase. The Commission heard testimony om interested parties for nearly two hours. he Charter Commission voted 6-5 to defer action on the proposed charter amendment until their next meeting, on Monday, September 30, at 7 p.m. in the Public Safety Training Room. The Charter Commission will make its report by the deadline, October 15, 1996. M DATE: September 6, 1996 TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager SUBJECT: Available Options for Possible Charter Commission Report On September 9, 1996 the Charter Commission will hold a public hearing to receive public comment on the proposed charter amendment to require a supermajority vote to increase the tax rate. The Charter Commission may be prepared to make its report to the City Council on September 10. However, legally the Charter Commission has until October 15 to make its final report on the proposed amendment to the City Council. Four scenarios are possible for the September 10 meeting. 1. No report from Charter Commission. If the Charter Commission does not make a report to you on September 10, the Council cannot take action to place the proposed amendment on the November ballot. After receiving the report or after October 15, the Council could consider scheduling a special election for this issue during 1997. 2. Charter Commission report rejects proposed amendment. If the Charter Commission does make a report to the Council on September 10, it could reject the language proposed by the Council. After receiving the report, the City Council can take action to place its original proposed amendment language on the ballot in November or at the next regularly scheduled city election, in November 1998. 3. Charter Commission report recommends alternative language. If the Charter Commission makes a report on September 10, it may recommend alternative language for the proposed amendment. The City Council can choose between the original language and the alternative language in determining the amendment to place before voters in November. 4. Charter Commission report recommends alternative language; City Council and Charter Commission seek language compromise. If the Charter Commission makes its report and suggests alternative language, the City Council could choose to work with the Charter Commission to reach agreement on language acceptable to both bodies. This would then place the issue before the voters in a special election in 1997 or at the next regularly scheduled city election, in November 1998. Attached is a copy of the proposed language, as well as the relevant section from Minnesota Statutes. r CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 96-9 AN ORDINANCE AMENDING THE PLYMOUTH CITY CHARTER CONCERNING TAXATION PREAMBLE WHEREAS, Minn. Sta. §410.12, Subd. 5 authorizes the City Council to propose charter amendments to the voters by ordinance. THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Chapter 7 of the City Charter is amended by adding Section 7.15 to read: 7.15 Increase in Tax Rate. A two-thirds majority of all members of the Council is required to adopt a tax levy resolution that increases the City's tax rate over the prior year. Tax rate means the quotient derived by dividing the City's tax levy by the City's net tax capacity. SECTION 2. Effective Date. This ordinance shall become effective only when approved by the voters as provided in Minn. Stat. §410.12, Subd. 4. ADOPTED by the City Council this 15th Day of May, 1996. ATTEST: / Laurie F. Ahrens, City Clerk i ce n Tirney, Mayor 462 mendments to to five percent ity. If the city are eligible to iment shall be posed amend- ing more than ity clerk, and tan 300 words ummary shall posed and an shall be suffi- ient is sought py of the pro - r its approval h submission difications in comply with tarter may be I provided in ended to one the circulator er's signature of residence There shall and on each mittee of the the petition. and the afft- es appended tem to be the onvicted of trdance with a proposed one instru- the city clerk whether the are any peti- as required CLASSIFICATION; CHARTERS 410.12 463 k in this section. Upon completing an examination of the petition, the city clerk shall cer- tify the result of the examination .to the council. If the city clerk shall certify that theypetitionisinsufficientthecityclerkshallsetforthinacertificatetheparticularsin which it is defective and shall at once notify the committee of the petitioners of the find- ingsA petition may be amended at any time within ten days after the making of a cer- tificate of insufficiency by the city clerk, by filing a supplementary petition upon ovided in case of an original petition. The cityadditionalpaperssignedandfiledaspr clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the peti- tioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new peti- tion for the same purpose. Subd. 4. Election. Amendments shall be submitted to the qualified voters at a gen- eral or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the ques- tion from every other question on the ballot at the same time. If 51 percent of the votes t' cast on any amendment are in favor of its adoption, copies of the amendment and cer- tificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordi- nance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commissLinn shaft review the prow sed amend- that`an additional time for review 1sneeded. A terreviewing the proposed amendment, e c arter commission snaLl approve or reject me ProposeT—affl-e—M—m—en—f—or —suggest a substitute amen m e commission shall promptly notify the council of the action to en. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance with- out submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members after a public hearing upon two weeks' Published nnt;c a containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council snail submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commis- sion the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition request - 11 DATE: August 27, 1996 TO: City Manager and members of the City Council FROM: Mayor Joy Tierney i/i SUBJECT: Attendance at National League of Cities Conference I previously notified you on July 15, 1996 of my intention to travel to the National League of Cities Conference in San Antonio in December at a cost to the City of $1,200. The adjusted amount is now estimated to be about $850 with the City not responsible for travel or extra food cost as with previous conventions attended. As agreed at the August 21 Council meeting, I will not travel to this meeting if for any reason I am not the Mayor -elect of the City at that time.