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.