HomeMy WebLinkAboutResolution No. 150-23 - Resolution [VETOED] - Adopting Ballot Language and Calling a Special Election Regarding Sales Tax
RESOLUTION
Adopting a Resolution Calling a Special Election and Approving Ballot Language
Relating to the Extension of the Existing Sales & Use Tax and the Issuance of
Bonds for Purposes of an Economic Vitality Fund, Certain Street Reconstruction,
Flood Control and Water Quality Projects, and a Sports & Recreation Complex.
WHEREAS, Minnesota Statutes, Section 297A.99 (the “Local Tax Act”), provides the City
of Rochester, Minnesota (the “City”) with authority to extend 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, State of Minnesota (the “State”) Legislature passed and the Governor of the
State signed Minnesota Laws, 2023, Regular Session, Chapter 64, Article 10, Sections 6
through 9, inclusive (the “Special Law”) which authorizes the City to, among other things,
extend a sales and use tax of one-half of one percent; and
WHEREAS, the Special Law is effective upon approval by a majority vote of the Common
Council of the City (the “Council”) and the filing of a certificate with the Secretary of State,
all in accordance with Minnesota Statutes, Section 645.021, subdivisions 2 and 3, and
the Common Council approved the Special Law on this day by separate resolution; and
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
as follows:
1. Subject to the filing of a certificate with the Secretary of State accepting the Special
Law, the Council proposes to submit to electors the question of whether to extend a
local sales and use tax of one-half of one percent (the “Taxes”) on items that are
taxable by the State in order to raise revenues to finance any or all of the following:
A. An economic vitality fund and expenses eligible to be paid from the fund; and
B. Street reconstruction; and
C. Flood control and water quality, excluding removal of the MN00515 dam; and
D. A sports and recreation complex.
The question of extending the Taxes shall be submitted to the qualified electors of
the City as one or more city ballot questions as show in Exhibit A attached hereto.
2. The Taxes are proposed to be collected for approximately 24 years or until an
amount equal to approximately $205,000,000 plus the interest and issuance costs
of any bonds is collected.
3. The Council finds that it is in the best interest of the health, welfare, and safety of
the City and its residents and that it is necessary and expedient to the sound financial
management of the affairs of the City that the acquisition and betterment of the
projects and facilities identified in Section 1 hereof, or any part thereof, be financed
in whole or in part by the issuance and sale of the City’s general obligation bonds
pursuant to Minnesota Statutes, Chapter 475, as amended (the “Bond Act”), in one
or more series in an aggregate principal amount not to exceed $205,000,000, plus
an amount equal to the costs of the issuance of said bonds (the “Bonds”).
4. The question or questions set forth in Exhibit A shall be submitted to the qualified
electors of the City at a special election which is hereby called and directed to be
held on Tuesday, November 7, 2023.
5. Pursuant to Minnesota Statutes, Section 204D.24, the precincts and polling places
for this special election are those precincts which have been established by the City
for its municipal elections. The voting hours at those polling places shall be the
same as those for municipal general elections.
6. The City Clerk is directed to cause a sample ballot in substantially the form attached
as Exhibit A and a notice of election in substantially the form attached as Exhibit B
to be posted, published, printed and delivered as required by law.
7. 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.
8. 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.
9. Election judges shall be 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 Common Council for
canvass in the manner provided for other City elections.
RC110-111-884262.v2
10. The special election shall be held and the returns made and canvassed in the
manner prescribed by law, and the Council shall meet on November 13, 2023, for
the purpose of canvassing the results thereof.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2023.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
RC110-111-884262.v2
EXHIBIT A
CITY QUESTION BALLOT
CITY OF ROCHESTER
STATE OF MINNESOTA
SPECIAL ELECTION
November 7, 2023
______________________________________________________________________
__
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
EXTENSION OF SALES AND USE TAX
Shall the City of Rochester be authorized to (a) extend the existing sales and use tax
of one-half of one percent (0.50%) for approximately 24 years or until approximately
$205,000,000 plus an amount equal to interest and the costs of the issuance of any
bonds is collected, and (b) issue its general obligation bonds in an aggregate principal
amount not to exceed $205,000,000, plus the cost of issuing the bonds, to finance any
or all of the following:
A. An economic vitality fund and expenses eligible to be paid from the fund, in an
amount not to exceed $50,000,000; and
B. Street reconstruction in an amount not to exceed $50,000,000; and
C. Flood control and water quality, excluding the removal of the MN00515 dam,
in an amount not to exceed $40,000,000; and
D. A sports and recreation complex, in an amount not to exceed $65,000,000?
YES
NO
RC110-111-884262.v2
EXHIBIT B
NOTICE OF SPECIAL ELECTION
CITY OF ROCHESTER
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 Rochester, Minnesota, on
November 7, 2023, between the hours of 7:00 a.m. and 8:00 p.m. to vote on the following
question:
CITY BALLOT QUESTION
EXTENSION OF SALES AND USE TAX
Shall the City of Rochester be authorized to (a) extend the existing sales and use
tax of one-half of one percent (0.50%) for approximately 24 years or until
approximately $205,000,000 plus an amount equal to interest and the costs of
the issuance of any bonds is collected, and (b) issue its general obligation bonds
in an aggregate principal amount not to exceed $205,000,000, plus the cost of
issuing the bonds, to finance any or all of the following:
A. An economic vitality fund and expenses eligible to be paid from the fund,
in an amount not to exceed $50,000,000; and
B. Street reconstruction in an amount not to exceed $50,000,000; and
C. Flood control and water quality, excluding the removal of the MN00515
dam, in an amount not to exceed $40,000,000; and
D. A sports and recreation complex, in an amount not to exceed
$65,000,000?
YES
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:
FIRST WARD
1st Precinct: Autumn Ridge Church, 3611 Salem Rd SW (combined)
2nd Precinct: Autumn Ridge Church, 3611 Salem Rd SW (combined)
3rd Precinct: Aune Hall – 4 H Building, 1508 Aune Dr SE (combined)
4th Precinct: Aune Hall – 4 H Building, 1508 Aune Dr SE (combined)
5th Precinct: Oak Hills Wesleyan Church, 410 28th St SW (combined)
6th Precinct: Bamber Valley Elementary School, 2001 Bamber Valley Rd SW
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7th Precinct: Aune Hall – 4 H Building, 1508 Aune Dr SE (combined)
8th Precinct: Oak Hills Wesleyan Church, 410 28th St SW (combined)
9th Precinct: Willow Creek Middle School, 2425 11th Ave SE (combined)
10th Precinct: Willow Creek Middle School, 2425 11th Ave SE (combined)
11th Precinct: Willow Creek Middle School, 2425 11th Ave SE (combined)
12th Precinct: Alternative Learning Center, 37 Woodlake Dr SE
13th Precinct: Operating Engineers Local #49, 1765 County Rd 16 SW (combined)
14th Precinct: Operating Engineers Local #49, 1765 County Rd 16 SW (combined)
SECOND WARD
1st Precinct: Sunset Terrace Elementary School, 1707 19th Ave NW (combined)
2nd Precinct: Sunset Terrace Elementary School, 1707 19th Ave NW (combined)
3rd Precinct: Sunset Terrace Elementary School, 1707 19th Ave NW (combined)
4th Precinct: People of Hope Church, 3703 Country Club Rd W (combined)
5th Precinct: John Marshall High School, 1510 14th St SW (combined)
6th Precinct: John Marshall High School, 1510 14th St SW (combined)
7th Precinct: John Marshall High School, 1510 14th St SW (combined)
8th Precinct: John Marshall High School, 1510 14th St SW (combined)
9th Precinct: People of Hope Church, 3703 Country Club Rd W (combined)
10th Precinct: United Way Building, 903 W Center St
11th Precinct: History Center of Olmsted County, 1195 W Circle Dr
12th Precinct: Edison Administrative Building, 615 7th St SW
13th Precinct: Folwell Elementary School, 603 15th Ave SW
THIRD WARD
1st Precinct: Overland Elementary School, 2300 Overland Dr NW (combined)
2nd Precinct: Holy Spirit Catholic Church, 5455 50th Ave NW (combined)
3rd Precinct: Calvary Baptist Church, 5905 Silas Dent Rd NW
4th Precinct: Hosanna Lutheran Church, 2815 57th St NW (combined)
5th Precinct: Overland Elementary School, 2300 Overland Dr NW (combined)
6th Precinct: George Gibbs Junior Elementary School, 5525 56th St NW (combined)
7th Precinct: Holy Spirit Catholic Church, 5455 50th Ave NW (combined)
8th Precinct: Overland Elementary School, 2300 Overland Dr NW( combined)
9th Precinct: George Gibbs Junior Elementary School, 5525 56th St NW (combined)
10th Precinct: Berean Community Church, 3157 Kenosha Dr NW (combined)
11th Precinct: Hosanna Lutheran Church, 2815 57th St NW (combined)
12th Precinct: Berean Community Church, 3157 Kenosha Dr (combined)
13th Precinct: Sunset Terrace Elementary School, 1707 19th Ave NW (combined)
FOURTH WARD
1st Precinct: University of Minnesota Rochester, 111 S Broadway Ave
2nd Precinct: Riverside Elementary School, 506 5th Ave SE
3rd Precinct: UCR Regional Sports Center, 2900 UCR Place SE (combined)
4th Precinct: Bethel Lutheran Church, 810 Third Ave SE
5th Precinct: Redeemer Lutheran Church, 869 Seventh Ave SE
6th Precinct: UCR Regional Sports Center, 2900 UCR Place SE (combined)
7th Precinct: UCR Regional Sports Center, 2900 UCR Place SE (combined)
8th Precinct: Mayo High School, 1420 11th Ave SE (combined)
9th Precinct: Mayo High School, 1420 11th Ave SE (combined)
10th Precinct: Church of Resurrection Catholic Church (combined)
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RC110-111-884262.v2
11th Precinct: UCR Regional Sports Center, 2900 UCR Place SE (combined)
12th Precinct: Church of Resurrection Catholic Church, 1600 11th Ave SE (combined)
13th Precinct: Ascension Evangelical Lutheran Church, 2207 11th Ave SE
FIFTH WARD
1st Precinct: Rochester Public Utilities, 4000 East River Rd NE
2nd Precinct: Christ Our Rock Lutheran Church, 3040 Stonehedge Dr NE (combined)
3rd Precinct: Evangel United Methodist Church, 2645 North Broadway
4th Precinct: Churchill Elementary School, 2240 Seventh Ave NE
5th Precinct: Century High School, 2525 Viola Rd NE (combined)
6th Precinct: Christ Our Rock Lutheran Church, 3040 Stonehedge Dr NE (combined)
7th Precinct: Kellogg Middle School, 503 17th St NE (combined)
8th Precinct: Kellogg Middle School, 503 17th St NE (combined)
9th Precinct: Century High School, 2525 Viola Rd NE (combined)
10th Precinct: Gloria Dei Lutheran Church, 1212 12th Ave NW
11th Precinct: Kellogg Middle School, 503 17th St NE (combined)
12th Precinct: Old Fire Hall #2, 702 W Silver Lake Dr NE
13th Precinct: 2117 Building, 2117 Campus Dr SE
14th Precinct: School Facilities Service Center, 3935 US 14
SIXTH WARD
1st Precinct: Gage Elementary School, 1300 40th St NW (combined)
2nd Precinct: Assembly of God Church, 4240 18th Ave NW (combined)
3rd Precinct: Gage Elementary School, 1300 40th St NW (combined)
4th Precinct: Assembly of God Church, 4240 18th Ave NW (combined)
5th Precinct: Resurrection Lutheran Church, 4520 19th Ave NW
6th Precinct: Gage Elementary School, 1300 40th St NW (combined)
7th Precinct: John Adams Middle School, 1525 31st St NW.
8th Precinct: Herbert Hoover Elementary School, 369 Elton Hills Dr NW (combined)
9th Precinct Pax Christi Catholic Church, 4135 18th Ave NW
10th Precinct: True Life Church, 2204 22nd St NW (combined)
11th Precinct: True Life Church, 2204 22nd St NW (combined)
12th Precinct: Holy Cross Lutheran Church, 2703 9th Ave NW
13th Precinct: Herbert Hoover Elementary School, 369 Elton Hills Dr NW (combined)
Any eligible voter residing in the City may vote at said election at their assigned polling
place as designated above or by other authorized methods in a accordance with State
law. The polls for said election will be open between 7:00 a.m. and 8:00 p.m. on the date
of said election. Absentee ballots may be cast beginning 46 days prior to said election.
Eligible voters may vote by in-person direct ballot for 7 days preceding general election
day.
Eligible voters must be registered to cast a vote in an election. Unregistered individuals
are encouraged to register to vote in advance when possible, or may register on Election
Day at the polling precinct assigned to their residential address or by other authorized
methods and locations.
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RC110-111-884262.v2
For information on voter registration or questions regarding the ballot question, please
visit www.rochestermn.gov/elections, call the Office of the City Clerk and 507-328-2900
or email elections@rochestermn.gov.
By Order of the Common Council of the City of Rochester, MN, on this day:
July 10, 2023.
/s/___________________________________
Kelly K. Geistler, City Clerk
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RC110-111-884262.v2
STATE OF MINNESOTA )
) SS
COUNTY OF OLMSTED )
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Rochester, Minnesota, hereby certifies that the attached and foregoing is a full, true, and
correct transcript of the minutes of a meeting of the Common Council of said City duly
called and held on the date therein indicated, so far as such minutes relate to the calling
of a election on (i) the extension of a sales and use tax to finance an economic vitality
fund, certain street construction, flood control and water quality projects, and a sports and
recreation complex, and (ii) the issuance of general obligation bonds therefor 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 __ day of ____________,
2023.
City Clerk
City of Rochester
State of Minnesota
RC110-111-884262.v2