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8.1. SR 08-06-2018 Eclty1� ,.,�� Request for Action River To Item Number Mayor and City Council 8.1 Agenda Section Meeting Date Prepared by General Business August 6, 2018 Cal Portner, City Administrator Item Description Reviewed by Ballot Question for the Local Option Sales Tax Tina Allard, City Clerk Referendum Reviewed by Jenny Bolton,Bond Counsel Action Requested Adopt,by motion, a resolution for adding a ballot question to the 2018 General Election ballot for a Local Option Sales Tax. Background/Discussion The Council unanimously adopted Resolution 18-48 on July 16, 2018, to add a 2018 ballot question to the 2018 General Election ballot seeking approval of a local Option Sales Tax to fund recreation facility improvements. In order to have the correct ballots, the county needs the ballot language 74 days in advance of the General Election. The Sherburne County Auditor's Office asked cities to send approved language by August 14, 2018. The resolution and language was drafted by our Bond Counsel. Financial Impact N/A Attachments ■ Resolution The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1 CITY OF ELK RIVER SHERBURNE COUNTY STATE OF MINNESOTA RESOLUTION 18- A RESOLUTION APPROVING A BALLOT FOR AN ELECTION RELATING TO THE IMPOSITION OF A SALES AND USE TAX FOR PURPOSES OF CERTAIN PARK IMPROVEMENTS AND RECREATIONAL FACILITY IMPROVEMENTS WHEREAS, Minnesota Statutes, Section 297A.99 (the "Local Tax Act"), provides the City of Elk River (the "City") with authority to impose a local sales tax if that tax is approved by the voters at a general election and the State Legislature approves the local sales tax through the creation of a special law. WHEREAS, the City Council of the City (the "Council") has adopted a resolution indicating its approval of the tax and outlining the details of the proposed local sales tax and authorizing submitting the question of imposing the proposed local sales tax to the qualified electors of the City. WHEREAS, the City Clerk is required to submit notice of the election and the language of the ballot question to the County Auditor of Sherburne County and the Minnesota Secretary of State and follow other procedures in advance of such election. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River as follows: 1. To facilitate strategic investment in the region and community, the City authorizes submitting to electors the question of whether to impose a local sales and use tax of one-half of one percent (0.5%) on items that are taxable by the State of Minnesota and a motor vehicle excise tax of up to $20 per motor vehicle (the "Taxes") in order to raise revenue to fund the acquisition and betterment of certain recreational facility improvements, park improvements, trail improvements, and dredging of Lake Orono. The Taxes are proposed to be collected for approximately 25 years or until up to approximately $35,000,000 plus an amount equal to interest and the costs of the issuance of any bonds is raised. 2. The question set forth in Exhibit B shall be submitted to the qualified electors of the City at a special election which is hereby called and directed to be held in conjunction with the state general election on Tuesday, November 6, 2018. 3. The City Clerk is directed to cause a sample ballot in substantially the form attached as Exhibit B and a notice of election in substantially the form attached as Exhibit A to be posted,published, printed and delivered as required by law. 532558v2 JSB BL185-44 4. The City Clerk is authorized and directed to acquire and distribute such election materials and to take such other actions as may be necessary for the proper conduct of this special election and generally to cooperate with election authorities conducting other elections on that date. The City Clerk is authorized and directed to take such actions as may be necessary to coordinate this election with those other elections, including entering into agreements with appropriate county officials regarding preparation and distribution of ballots or ballot cards, election administration, and cost sharing. 5. If the City will be contracting to print the ballots for this special election, the City Clerk is hereby authorized and directed to prepare instructions to the printer for layout of the ballot. Before a contract in excess of $1,000 is awarded for printing ballots, the printer shall furnish, in accordance with Minnesota Statutes, Section 204D.04, a sufficient bond, letter of credit or certified check acceptable to the City Clerk in an amount not less than $1,000 conditioned on printing the ballots in conformity with the Minnesota election law and the instructions delivered. The City Clerk shall set the amount of the bond, letter of credit or certified check in an amount equal to the value of the purchase. 6. Election judges appointed for this special election shall be the election judges appointed for the city general election. The election judges shall act as clerks of election, count the ballots cast, and submit the results to the City Council for canvass in the manner provided for other City elections. 7. The special election shall be held and the returns made and canvassed in the manner prescribed by law, and the Council shall meet on Friday, November 9, 2018 for the purpose of canvassing the results thereof. Approved by the City Council of the City of Elk River, Minnesota this 6t day of August, 2018. John, J, Dietz, Mayor ATTEST: Tina Allard, City Clerk 2 532558v2 JSB BL185-44 EXHIBIT A NOTICE OF SPECIAL ELECTION CITY OF ELK RIVER STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that a special election has been called and will be held in conjunction with the state general election in the City of Elle River, Minnesota, on November 6, 2018, between the hours of 7:00 a.m. and 8:00 p.m. to vote on the following question: CITY BALLOT QUESTION IMPOSITION OF SALES AND USE TAX Shall the City of Elle River be authorized to impose a sales and use tax of one-half of one percent (0.50%) and a motor vehicle excise tax of$20 per motor vehicle for approximately 25 years or until approximately $35,000,000 plus an amount equal to interest and the costs of the issuance of any bonds is raised, to finance the acquisition and betterment of any or all of the following: A. Recreational facility improvements, consisting of any or all of the following: Multipurpose Recreational Facility such as ice arena, community meeting/activity space, and a synthetic turf field house; and senior center facility improvements; and B. Park improvements, consisting of any or all of the following: Lion John Weicht Park improvements such as competitive ball fields, Lions Park Center space improvements and community picnic pavilion addition; Youth Athletic Complex such as lighting, playground, concessions, and restrooms; and Orono Park improvements such as splash pad, restrooms, skateboard park, and beach improvements; and C. Dredging of Lake Orono; and D. Citywide trail connection improvements? O YES O NO The precincts and polling places for this special election are those precincts which have been established by the City for state general elections. These polling places are as follows: A-1 532558v2 JSB BL185-44 Precinct Facility Address 1A City Hall 13065 Orono Parkway 1B United Methodist Church 1304 Main Street 2A River of Life Church 21695 Elk Lake Road 2B Meadowvale School 12701 Elk Lake Road 3A Elk River Activity Center 413 Proctor Avenue 3B Lions Park Center 1104 Lions Park Drive 4A Church of St. Andrew 566 4th Street 4B Emmanuel Christian Center 18912 Twin Lakes Road Any eligible voter residing in the City may vote at said election at the polling place designated above. The polls for said election will be open between 7:00 a.m. and 8:00 p.m. on the date of said election. A voter must be registered to vote to be eligible to vote in this election. An unregistered individual may register to vote at the polling places on election day. Dated: , 2018 BY ORDER OF THE CITY COUNCIL /s/ City Clerk A-2 532558v2 JSB BL185-44 EXHIBIT B CITY QUESTION BALLOT CITY OF ELK RIVER STATE OF MINNESOTA SPECIAL ELECTION November 6, 2018 To vote for a question, fill in the oval next to the word"YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. CITY BALLOT QUESTION IMPOSITION OF SALES AND USE TAX Shall the City of Elle River be authorized to impose a sales and use tax of one-half of one percent (0.50%) and a motor vehicle excise tax of$20 per motor vehicle for approximately 25 years or until approximately $35,000,000 plus an amount equal to interest and the costs of the issuance of any bonds is raised, to finance the acquisition and betterment of any or all of the following: A. Recreational facility improvements, consisting of any or all of the following: Multipurpose Recreational Facility such as ice arena, community meeting/activity space, and a synthetic turf field house; and senior center facility improvements; and B. Park improvements, consisting of any or all of the following: Lion John Weicht Park improvements such as competitive ball fields, Lions Park Center space improvements and community picnic pavilion addition; Youth Athletic Complex such as lighting, playground, concessions, and restrooms; and Orono Park improvements such as splash pad, restrooms, skateboard park, and beach improvements; and C. Dredging of Lake Orono; and D. Citywide trail connection improvements? O YES O NO B-1 532558v2 JSB BL185-44 STATE OF MINNESOTA ) ) SS COUNTY OF SHERBURNE ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Elk River, Minnesota, hereby certify that the attached and foregoing is a full, true, and correct transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, so far as such minutes relate to approving a ballot for an election on the imposition of a sales and use tax, and that the resolution included therein is a full, true, and correct copy of the original thereof. WITNESS MY HAND officially as such City Clerk this 6th day of August, 2018. City Clerk City of Elle River State of Minnesota Error!Unknown document property name.