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HomeMy WebLinkAbout06-03-2010 Charter PacketLINO LAKES CHARTER COMMISSION Special Meeting AGENDA Thursday, June 3, 2010 6:30 pm 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Open Mike / Public Comment 4. Approval of Minutes: April 8, 2010 5. Old Business A. Tax Cap Amendment Three copies of Tax Cap Amendments: Commissioners ready to discuss, make changes and final copy finished 6. New Business A. Reminder: Joint meeting with Council, July 8, 2010 at 6:30 PM 6:30 PM Adjournment 8:30 PM Caroline Dahl Christopher Lyden Chair Vice Chair Kelly Gunderson Secretary May 28, 2010 Dear Commissioners, In your packet for the June 3, 2010 Special Charter Commission meeting, I only included the sections containing the Tax Cap Proposal. If you need more information on the three City Charter's "Taxation and Finances" sections, the cities websites are included below: Caroline www.ci.mounds-view.mn.us Go to City Code and Regulations to find the City Charter, look under Chapter 7 Section 7.03 System of Taxation. www.ci.fridley.mn.us Go to Government to find City Code / City Charter, look under Chapter 7 Section 7.02. POWER OF TAXATION. www.ci.west-saint-paul.mn.us Go to City Government to find City Charter, look under Chapter 7 Subd. 2. Limitations on Property Tax Levy. FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCES. Section 7.01. COUNCIL TO CONTROL FINANCES. The Council shall have full authority over the financial affairs of the City, and shall provide for the collection of all revenues and other assets, the auditing and settlement of accounts, and the safekeeping and disbursement of public moneys. In the exercise of a sound discretion it shall make provisions for the payment of all liabilities and expenses. The Council shall establish the fiscal year for the City. Section 7.02. POWER OF TAXATION. 1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all the powers to raise money by taxation pursuant to the laws of the State which are applicable to cities of the class of which it may be a member from time to time, provided that the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed in dollars, a tax levy that is greater than the prior year tax levy increased by an inflationary index, or 5%, whichever is least. Said inflationary index shall be that as defined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers in the Minneapolis, St. Paul metropolitan area. (Ref. Ord. 592, 1102 and 11/7/00 Amendment) Nothing in this provision shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similar obligation supported by the full faith and credit of the City, provided, however, that long-term, general obligation indebtedness shall not be used for the purpose of funding the routine and daily business operations of the City. (Ref Ord 1152) 2. The City Council may also levy a tax against real and personal property within the City in addition to said limit as defined in paragraph 1 provided the Council shall: A. Adopt a resolution declaring the necessity for an additional tax levy and specifying the purposes for which such additional tax levy is required. B. Hold a public hearing pursuant to three (3) weeks' published notice in the official newspaper of the City setting forth the contents of the resolution described in Subdivision A. C. Adopt after such public hearing a resolution by an affirmative vote of a least four (4) members of the Council which shall be presented as a clear and concise 'plain language' ballot question at the next regular municipal election. (Ref. Ord. 592, 1102 and 11/7/00 Amendment) D. The additional tax levy shall take effect if 51% of the votes cast at said election are in favor of its adoption. �'v 12-20-07 1 West St. Paul Page 3 of 5 provide for the regular payment without specific individual authorization by the Council of salaries and wages of regular employees, laborers, and fixed charges which have previously duly and regularly incurred. Subd. 2. Limitations on Property Tax Levy. The total levy in property taxes for General Fund purposes shall be limited as follows: (a) For taxes payable in the calendar year 2007, the General Fund property tax levy plus the state - certified Local Government Aid (LGA) from the State of Minnesota, shall not exceed $360 per capita for each resident of the City. (b) For each year thereafter, the $360 per capita limit shall increase each year based on the Implicit Price Deflator (IPD) as published by the Bureau of Economic Analysis as of March 31st of the year prior to the year in which the taxes will be payable. The IPD increase will be applied to the per capita limit from the previous year to determine the limit of the total combined amount of taxes and LGA. From this total combined amount, the state -certified LGA far the next year shall be deducted, resulting in the tax levy limit for the General Fund for the next year. To determine the population, the Finance Director shall use the United States decennia census figure from the most recent U.S. Bureau of Census, unless a more recent estimate is available from the demographer's office of the Metropolitan Council. Section 7.04 thru Section 7.14 - Ordinance 97-14 Section 7.10 Subd. 1 — Ordinance 99-25 -26 �.•, Section 7.10. Fund to be Kept. There shall be maintained in the City treasury the following funds: Subd. 1. A General Fund. for the payment of the general expenses of operating the City. Into this fund shall be paid all money not provided herein or by statute to be paid into any other fund, including, by way of illustration but not of limitation, monies received as county and state -aids for maintenance of roads and streets, all monies received from taxes levied on property for the support of this fund, and all collections from any new taxes hereafter established by the Council or by apportionment of any state, county, or federal taxes now or hereafter made available by this Charter for the general fund. Any surplus in this fund not needed immediately for the purpose thereof may be invested by the City Treasurer into the depositories and the investment funds designated by the Council, as authorized by state statute for the investment of such funds; any such investments may be liquidated at any time. Subd. 2. A Debt Service Fund, into which shall be paid all receipts from taxes or other sources for the payment of principal and interest of all obligations issued by the City except bonds issued on account of any local improvements to be financed wholly or partly by special assessments and bonds issued on account of any municipally owned utility. Out of this fund shall be paid the principal and interest on such obligations when due. Any surplus in such fund not needed immediately for debt service maybe invested under the direction of the Council in such securities as are authorized by statute for the investment of such funds; and such funds may be liquidated at any time. To the extent required by law, a separate account in the debt service fund shall be maintained for each issue of City obligations. Subd. 3. A Bond Fund, into which shall be paid and disbursed the proceeds of all bonds issued by the City except bonds issued on account of an local improvements to be financed wholly or partly by special assessments and bonds issued on account of any municipally owned utility. A separate bond account shall be kept for each issue of such bonds. Subd. 4. A Special Assessment Fund, which shall be used to finance local improvements to be paid for, in whole or in part, from special assessments against benefited property. There shall be paid into this ,may fund: (1) collections of special assessments, with interest and penalties levied against the benefited http://weststpaul.govofice.com/index.asp?Type=B BASIC&SEC={A9335388-5ED5-404... 5/27/2010 /11D61-114s0� E �' CHAPTER 7 TAXATION AND FINANCES Section 7.01 Council to Control Finances. The Council shall have full authority over the financial affairs of the City except as limited or prohibited by the state constitution, state laws, or this Charter. It shall provide for the collection of all revenues and other assets, and the auditing and settlement of accounts. It shall further provide for the safekeeping and disbursements of public monies by the City Treasurer. Section 7.02 Fiscal Year. The fiscal year of the City shall be the calendar year. Section 7.03 System of Taxation. Subject to the state constitution, and except as forbidden by it or by state law, the Council shall have full power to provide by ordinance for a system of local taxation. This authority includes the power by ordinance to assess, levy, and collect taxes on all subjects or objects of taxation except as limited or prohibited by the state constitution, by this Charter or by state laws imposing restrictions upon the City irrespective of Charter provisions. r -----Subdivision 1. The City's annual resolution to levy ad valorem taxes (raising money against real and personal property) shall not exceed the lesser of the following formulas; either the prior year tax levy dollar amount increased by a maximum of 5%, or CPI (Consumer Price Index) plus 2%. The CPI shall be the 12 month average of the most recently published data for all Urban Consumers in the Minneapolis, St. Paul metropolitan area, as defined by the U.S. Department of Labor, Bureau of Labor Statistics. Subdivision 2. The City Council may levy a tax against real and personal property in excess of the limit set in Subdivision 1 provided the Council shall: A) Adopt a resolution declaring the necessity for a n additional tax levy and specifying the purposes for which such additional tax levy is required. B) Hold a public hearing upon at least 10 days posted and published notice in the City's official newspaper, City newsletter, and, if available, the City web site, setting forth the contents of the resolution described in Subdivision 2A. C) After such public hearing, adopt by an affirmative vote of at least four (4) members of the Council such resolution language which is readily understandable and a summary of such resolution will be the ballot question for the electorate at the next regular municipal election or special election, per this Charter's Section 4.04, as amended, prior to the final levy approval. D) If the additional tax levy resolution is then approved by the voters under Chapter 4 of this Charter then the levy shall be implemented in the following fiscal year or later date as specified in the resolution. 17 CITY OF LINO LAKES CHARTER COMMISSION MEETING DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT 1 : April 8, 2008 : 6:30 P.M. 9:35 P.M. : Carlson, Dahl, Lyden, Storberg, Trehus, Turcotte, Williams, Minar, Sutherland, Drennen and Aldentaler : Penn, Bretoi, Gunderson and Zastrow : None : None CALL TO ORDER AND ROLL CALL Chair Dahl called the meeting of the Lino Lakes Charter Commission to order at 6:35p.m. on April 8, 2008 PLEDGE OF ALLEGIANCE n APPROVAL OF AGENDA No changes were made to the agenda OPEN MIKE No one addressed meeting APPROVAL OF MINUTES Commissioner Trehus asked if changes to the minutes be shown in the context of the revised minutes and that we would then approve the minutes as a complete Draft with changes in place. Secretary Gunderson will be asked if this can be done. MOTION TO TABLE by Commissioner Trehus, seconded by Commissioner Drennen, to table the minutes of January 14, 2010. Motion carried. OLD BUSINESS Presentation of Plaque for Commissioner Maher Commissioner Maher was not present at the meeting, we have not receive a response from her. 2 6. A Mayor Reinert's response to Section 3.01 of the Lino Lakes Charter Mayor Reinert addressed the Commission regarding Section 3.01 of the Lino Lakes Charter and citizen's right to speak on agenda items at public council meetings. Reinert was asked to the meeting to explain why a person attending the January 11, 2010 council meeting was not allowed to speak and why he said they would be taking no public comment. Mayor Reinert explained that he knew the person who asked to speak, that he was a Union Rep. and that he was not a resident of Lino Lakes. Reinert said he should have explained at that time that the person was not allowed to speak because he was not a Lino Lakes resident and that Lino Lakes residents would be allowed to speak on agenda items Comm. Drennen asked Mayor Reinert if he had contacted the PRESS to clarify why the person was not allowed to speak? Mayor Reinert said no clarification had been made. Comm.Lyden is concerned that residents living on Lino Lakes borders would not be allowed to address issues that would have an effect on them due to happenings in Lino Lakes. Mayor Reinert said that due to the sensitivity of the topic with this particular situation, with a Union Rep., he felt it was not the best way to resolve this situation. With border issues, such as the Vikings or Airport he may handle the situation same way, with only residents allowed to speak, Comm. Lyden said he is concerned that the Mayor is determining what the a person is going to say even before they speak. Mayor Reinert stated the person was not allowed to speak because he is not a resident. Comm. Sutherland addressed the issue that our charter does not have exclusive language that the definition of the word citizen is meant to be only residents of Lino Lakes Comm. Trehus suggested that the in the charter the word citizen would probably be a citizen of just Lino Lakes. Comm. Dahl stated the person should have been allowed to talk and that the right to speak at public meetings should not be restricted to Lino Lakes citizens only. Comm. Drennen had three issues he would like to address. What is the definition of the word citizen in our charter? He is also concerned that the Mayor exercised his prerogative because he knew what the person might say and that the Mayor does not use his position of authority to censor speaking. Mayor Reinert assured that there will be no censorship of Lino Lakes citizens, Comm. Carlson stated that he was satisfied with the Mayors explanation of the issue and that it had addressed his concerns. Due to the question of the term citizen in our charter, we will make a formal request to determine if citizen is meant to be inclusive of Lino Lakes residents only. 6. 13 Attorney Bills Comm. Dahl asked Mayor Reinert to address the on going issue of the council taking the position that they will not pay our attorney's bill. Mayor Reinert said he is only one of the five persons on the council that decides the issue. He would like to address the issue at a joint meeting. The City attorney would be asked to address this. Also, the council has been directed by their attorney that it would not be legal to authorize payment of this bill. Comm. Sutherland said that the position taken by the city is that they will pay for frame and amend only. Most of our attorney's bill is due to our need to respond to the audit initiated by the city council. We cannot even include a secretary because that would not be included in frame and amend. Mayor Reinert said we could address our issue with the League of MN Cities. Commissioner's comments were that this could be a biased source of information, as they are being funded by the city. The League may just comment back to our city attorney. Mayor Reinert stated that the issue would be 3 put on the agenda for the next work session. Comm. Sutherland stated that even the amount that had been agreed to have been paid has not yet been paid. In our out standing bill, $107.30, was in agreement to be paid and has not. The $1,570.35, is due to our need to respond to the audit initiated by the city council. Mayor Reinert said the $107.30 portion of the bill would be paid. Mayor Reinert was informed that the Five Year Plan, as per Section 7.05 of the Lino Lakes Charter, for years 2009, 2010, 2011, 2012, and 2013 has not been passed. Mayor Reinert will also try to set the schedule so as to have the joint meeting of the council and commission at our regularly scheduled July 8th 2010 meeting. Having concluded his response to the commission, Mayor Reinert left the meeting at this point. The commission thanked him for being present. 6. C Budget, Five year plan, and Dougherty bill to Lino Lakes for council authorized audit of the Charter Commission. Five Year Plan has not been adopted. The Commission read the copies of the bills presented by Dougherty's law firm to the city of Lino Lakes for the council requested Investigation / Audit of the Charter Commission. As per the bills sent the city has paid $9,289.00 to the Dougherty firm for their charter investigation 6. D Annual letter to the Judge for 2009 Commission liked the draft letter as amended, with an explanation of the council ordered audit, and that the council had not adopted the Five Year Plan beginning in 2009, as per Section 7.05 of the charter. Motion to approve the letter with amendments was made by Commissioner Trehus and seconded by Commissioner Minar. Motion Passed. 6. E Code of conduct Report Commissioner Sutherland would like to know where the Commission stands on this issue before more time is spent on a new code. The response from the commission was mostly favorable. It was suggested that it would be put on the agenda for our joint meeting in July, that the code would include the council, city staff, and boards, and that a conflict of interest section be prominent in the code. Motion was made by Commissioner Sutherland and seconded by Commissioner Drennen that we include the code of conduct in our July 8th joint meeting. Motion passed with Commissioner Storberg voting no. 6. F Tax Cap Amendment Commissioner Trehus said that if we plan to have this (the tax cap amendment) on Fall ballot we are going to have to get this started. Commissioner Sutherland stated we should get this on the agenda with the council. Commissioner Minar agreed now would be the time to get started. Commissioner Sutherland said that if this were presented to the council now they would probably agree to share. Commissioner Carlson suggested that we could also present this as an amendment by ordinance. There were also suggestions that it go right to a referendum, timing being an issue. It was decided we will look at the three options from other cities; this wilt be discussed at a special meeting in June so we would be able to present this at the joint meeting in July. June 3`d at 6:30 is the date and time set for the special meeting to discuss the amendment. 4 6. G 2010 Goal Setting. Suggestions were, tax cap, code of conduct, and a better use of Roberts Rules of Order. We would also set 2011 goal setting as an Oct. agenda item, NEW BUSINESS 7. A Joint meeting with council A joint meeting date has been set for our regular July 8th meeting. Items for discussion will be the charter budget and unpaid bills from attorney Marty, Code of Conduct / Conflict of Interest, and a tax cap amendment. A motion was made by Commissioner Storberg and seconded by Commissioner Lyden to send a thank you letter to Mayor Reinert for attending our meeting. Motion carried. ADJOURN MOTION TO ADJOURN was made by Commissioner Sutherland, seconded by Commissioner Trehus. Motion carried. Respectfully Submitted, Harry Carlson, Acting Secretary Lino Lakes Charter Commission -' 'o: Lino Lakes Charter Commissioners From: Commissioner Trehus Subject: Tax Cap Information for 6/3/10 Meeting Date: 5/28/10 Dear Commissioners, It may be advantageous to review some supporting information, so I have taken it upon myself to offer these materials in preparation for our upcoming meeting. In addition to this document, there are 5 files attached to this e-mail (so there are a total of 6). It is my hope that the Commission's officers will provide this information to any members who are unable to receive it via e-mail, and provide hard copy at the meeting. The Adobe file "2011_Levylimits--LMC.pdf' is a summary of the tax cap placed on cities by the Minnesota Legislature that was prepared by the League of Minnesota Cities. Currently set to expire after next year, this also represents yet anotherapproach to capping local taxes, in addition to those in your packets from the City Charters of Mounds View, Fridley, and West St. Paul. The Adobe file "2008-2010 Lino Levies. • f"as generously provided by the City's Finance Director and our City Clerk. Primarily, this shows us how much the City Council voluntarily reduced spending during last fall's budgeting process. (Minnesota law actually allowed the City an increase of eight -tenths of one percent). It also fills in the missing data, at least in Lino Lakes, for 2009 and 2010. Data that supports why Lino Lakes might need a tax cap measure is shown in the other 3 files. Two of them more or less show that before 2010, the City increased expenditures at a rate well in excess of population growth. The "Comparison" JPEG looks at taxes in growing twin city suburbs, and the highlighted bar for Lino Lakes has an adjustment made to the numbers, which are also represented at the bottom of the graphic without that adjustment. See you Thursday! LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 How to estimate your 2011 levy limit Updated 5/21/2010 • Again for 2011 levy limits will only be in effect for cities over 2,500 population. Under current law, levy limits expire after 2011. • The language on levy limits is contained in Chapter 275 of Minnesota statutes. • Slight changes to the levy limit law were made during the 2010 session: HF3729 and Chapter 215. • The final inflationary increase percentage will NOT be known until later this summer. • The Dept. of Revenue will be certifying levy limits by Sept. 1, 2010. Cities must indicate to the Dept. using the PT280 form which special levies they are intending to use by Sept. 30, 2010. Step 1: Start with your city's adiusted levy limit base for pay 2010 (note that starting with the adjusted levy limit from last year means that any unused levy authority is retained going forward for your city). You can arrive at this figure by adding your maximum allowable levy (the limited piece) for payable 2010 to your certified 2010 LGA, 2010 taconite aid (if applicable), 2010 wind energy production tax (if applicable) and your 2010 utility valuation transition aid(f applicable). This is your city's levy limit base. Step 2: Multiply your levy limit base by 1.68% (the levy limit law says the inflationary increase is the lesser of 3.9% OR the change in the implicit price deflator (IPD) for local governments). The 2010 legislature clarified that the change cannot be less than zero percent. The most recent data (May 2010) on the IPD factor from the Bureau of Economic Analysis shows the change in the deflator at 1.68 percent. [NOTE: this is NOT the final IPD figure that will be used; DOR will use the most recent data available—likely from June—when it calculates levy limits]. Step 3: Multiply the result of Step 2 by 1 plus one-half of the percentage increase, if any, in the number of households in your city over the last year. Step 4: Multiply the result of Step 3 by 1 plus one-half of the percentage increase in the total taxable market value for all kinds of property as a result of new construction of just commercial and industrial (CI) property. (This adjustment only applies, in other words, if your total taxable market value increased AND you had new CI construction). The result is your adjusted levy limit base for pay 2011. Step 5: From your adjusted levy limit base for 2011, subtract your 2011 certified LGA (if applicable), your 2011 taconite aid (if applicable), your 2011 wind energy production tax (if applicable), and your 2011 utility valuation transition aid (if applicable). The 2010 Legislature confirmed and clarified that certified aid amounts are to be used in the calculation. At this point, 2011 LGA amounts are estimates only (see spreadsheet on LMC website). Certified aid amounts for 2011 will be announced by DOR in July 2010. The result is your 2011 levy limit. See the following pages for detailed information on special levies for pay 2011. 145 UNIVERSITY AVE. WEST ST. PAUL, MN 55103-2044 PHONE: (651) 281-1200 FAX: (651) 281-1299 TOLL FREE: (800) 925-1122 WEB: WWW.LMC.ORG League of Minnesota Cities How to estimate your 2011 levy limit Page 2 Special Levies for 2011 There are several special levies allowed beyond this levy limit. Below is a list of the most frequently used "special levies." Those marked with an "*" are special levies that cities can use for the first time for payable 2011. For a complete list of special levies, see MS 275.70, subd 5. • *Levies to recover 2010 LGA cuts in ratified unallotments • *Levies to recover 2010 MVHC reimbursement cuts in ratified unallotments • *Levies to recover 2010 LGA cuts in supplemental budget passed by 2010 legislature • *Levies to recover 2010 MVHC reimbursement cuts in supplemental budget • *Levies to recover 2011 MVHC reimbursement cuts in supplemental budget • Levies for bonds and most certificates of indebtedness. • Voter approved levies. • Levies to pay for federal or state matching requirements. • Levies for natural disaster recovery. • Levies for property tax abatements. • Levies for increases in PERA employer contributions. • Levies to repay a federal or state loan for a transportation or capital project. • Levy increases to fund police and firefighter relief associations. • Levies related to foreclosure costs • Levies for police and firefighter wage and benefit costs. Example of how to estimate the levy limit Information needed for calculation: ✓ Pay 2010 adjusted levy limit base = $900,000 = levy limit base for pay 2011 ✓ Percent change in number of households over last year = 2% ✓ Percent change in total market value of all property types as a result of new construction of commercial/industrial property= 0% ✓ 2011 estimated LGA= $3,250 ✓ 2011 taconite aid= $0 • 2011 wind energy production tax= $0 ✓ 2011 utility transition aid = $0 Calculation: Step 1: $900,000 Step 2: $900,000 x 1.68%= $915,120 Step 3: $915,120 x (1+half of 2%) = $915,120 x 1.01 = $924,271 Step 4: $924,271 x (1+0) = $924,271 x 1 = $924,271 (adjusted levy limit base for pay 2010) Step 5: $924,271 — $3,250 — 0 — 0 - 0 = $921,021 (2011 levy limit) For more information about levy limits, contact the following League of Minnesota Cities staff: Gary Carlson Jennifer O'Rourke Rachel Walker Director of Intergovernmental Relations Intergovernmental Relations Policy Analysis Manager (651) 281-1255 or (800) 925-1122 Representative (651) 281-1236 or (800) 925-1122 gcarlsonrudmc.org (651) 281-1261 or (800) 925-1122 rwalkericclmc.ore iorourkeuclmc.ore League of Minnesota Cities How to estimate your 2011 levy limit Page 3 FAQ: 2011 Special Levies Q: Are there special levies that we should consider for the first time? A: Yes. There are several special levies that cities can take advantage of for the first time. These are special levies to allow cities to recoup the amounts of LGA and/or MVHC reimbursement that were unalloted by the Governor AND the amounts of LGA and/or MVHC reimbursement that were cut by the Legislature in the supplemental budget bill of 2010 Q: If we used a special levy in 2010, do we have to use it again in 2011? A: Technically, the answer is no. However, the Department of Revenue makes adjustments to your levy limit base once you start using a special levy (i.e. your base is reduced). If you opt to stop using a special levy, the Department will NOT restore your base. Therefore, it is in the city's best interest to continue to use a special levy once it starts. Q: Do we have to use special levies? A: No. They are optional, keeping in mind the answer above. If your city is going to use one or more special levies for the first time in 2011, there may be special calculations you need to do in order to estimate your levy limit base (see below). Q: If we use special levies for the first time for pay 2011, what information do we need to provide to DOR? A: For most of the allowed special levies, the Dept. of Revenue needs baseline data. When you decide to start using a given special levy, the Department will use the information provided by cities on the property tax levy report. This report was due to the Department in December of 2009. If you are concerned that your city's report was incomplete or inaccurate for any reason, you need to contact the Department in order to work with them on calculating an accurate baseline. Cities will need to submit form PT280 by September 30th to the Dept. of Revenue. That form indicates which special levies a city intends to use. Q: Do we need to submit any forms to the Dept. of Revenue? A: Yes. Cities will need to submit form PT280 by September 30th to the Dept. of Revenue. That form indicates which special levies a city intends to use. Q: Should we use special levies? A: It depends. The use of special levies is optional. Keep in mind that the inflationary increase on the limited levy is just 1.68% (note that this figure will be finalized in early July using the data available at that time and may change slightly). If you are going to see an increase of less than the inflationary increase PLUS the other 2 percentage adjustments for household growth and commercial -industrial growth in a category of spending that could be a special levy, it may be of more benefit to NOT treat that category as a special levy. This way, you retain those dollars in the calculation of your levy limit base. League of Minnesota Cities How to estimate your 2011 levy limit Page 4 Q: Where does the household data come from for calculating levy limits? A: The state demographer and Metropolitan Council will certify population and household counts to the Dept. of Revenue by July 15. Q: Where does the commercial/industrial new construction data come from? A: Data on new construction of C/I property is available from the 2009 Fall Mini Tax Abstract from the Dept. of Revenue. Total taxable market value for all property types in a city will be available on the 2010 Abstract of Tax Lists in July. Q: How is new construction within TIF districts or within JOBZ areas handled in the levy limit calculations? A: Levy authority is adjusted for a portion of the percentage increase in total taxable market value as a result of new construction of commercial/industrial property. New construction of C/I property within TIF and JOBZ areas will count in the calculation of this adjustment. Select Special Levies Allowed for Taxes Payable 2011 A table listing several of the special levies allowed in the levy limit law is below. For each of these special levies, the table makes note of whether or not cities that are using the special levy for the first time must back out the entire 2010 levy amount for a given special levy in order to calculate the levy limit base. The table also includes additional information on some of the more complex special levies. DOR will issue highly detailed instructions on special levies when it sends out the PT280 forms. Special Levy If city will use this special levy FOR THE FIRST TIME in 2011, does city need to subtract entire 2010 amount from levy limit base calculation? Notes Unalloted (ratified) 2010 LGA or MVHC cuts No. Supplemental cuts to 2010 LGA or MVHC No. Cuts to 2011 MVHC No. Costs attributable to police/fire wages and benefits YES. The special levy is the entire amount—not just the change. If you contract with another city or county for police services, you need to ask the provider for documentation as to the portion of contract costs that go to cover wage/benefits. Then, you need to determine the amount of levy you have used/will use to cover that part of the contract cost. Levies for bonds and most certificates of indebtedness YES. The special levy is the entire amount—not just the change. If a city issued an emergency debt certificate to recover from aid and credit cuts rather than using the special levy for a similar purpose, it must use this special levy to pay the certificate back, not the aid or credit cut special levy League of Minnesota Cities How to estimate your 2011 levy limit Page 5 Special Levy If city will use this special levy FOR THE FIRST TIME in 2011, does city need to subtract entire 2010 amount from levy limit base calculation? Notes Levies approved via voter referendum YES. The special levy is the entire amount—not just the change. Levies to fund matching requirements for federal or state grants Yes—the special levy is for the change since 2001 only. To the extent that matching requirement exceeds requirement in 2001 or it is a new requirement that didn't exist prior to 2002 Levies to pay expenses incurred in preparing or repairing the effects of natural disaster YES. The special levy is the entire amount—not just the change. There is also a separate application to DOR Commissioner. Levies for property tax abatements YES. The special levy is the entire amount—not just the change. Levies for increases in PERA employer contribution rates or for locally administered plans effective after 6/30/01 YES—the special levy is for the change since 2001 only. Cities cannot use a special levy for PERA rate increases if they are accounting for those rate increases as part of the police/fire wages and benefits special levy and vice versa. No double counting is allowed. Levies to repay state or federal loan used to fund spending on transportation or other capital project YES. The special levy is the entire amount—not just the change. Levies to fund police and firefighter relief associations. YES. The special levy is the entire amount—not just the change. Levies to pay costs incurred for securing, maintaining, or demolishing foreclosed or abandoned residential properties YES. Requires separate application to DOR commissioner. City must meet threshold: foreclosure rate of at least 1.4% in 2007 OR foreclosure rate in 2007 in city or zip code area of city that is at least 50% higher than average metro foreclosure rate. Foreclosure rate is number of foreclosures in sheriff sales records divided by number of households in 2007. League of Minnesota Cities How to estimate your 2011 levy limit Page 6 Examples of how to estimate your city's levy limit Example 1: City has small debt levy (also had for pay 2010) Information needed for calculation: ✓ 2010 adjusted levy limit base = levy limit base for pay 2011 = $900,000 ✓ Percent change in number of households over last year = 2% ✓ Percent change in total market value of all property types as a result of new construction of CII = 0% ✓ 2011 estimated LGA= $3,250 ✓ 2011 taconite aid= $0 ✓ 2011 wind energy production tax= $0 ✓ 2011 utility transition aid = $0 Calculation: Step 1: $900,000 Step 2: $900,000 x 1.68%= $915,120 Step 3: $915,120 x (l+half of 2%) = $915,120 x 1.01 = $924,271 Step 4: $924,271 x (1+0) = $924,271 x 1 = $924,271 (adjusted levy limit base for pay 2010) Step 5: $924,271 - $3,250 - 0 - 0 - 0 = $921,021 (2011 levy limit) Example 2: City uses police/fire wage and benefit cost special levy (for 1st time in pay 2011) Information needed for calculation: ✓ 2010 adjusted levy limit base = pay 2011 levy limit base = $125,000 ✓ 2010 levy for police/fire wage and benefit costs = $35,000 (treat as if it would have been a special levy) ✓ Percent change in number of households over last year = 3% ✓ Percent change in total market value of all property types as a result of new construction of C/I = 1% ✓ 2011 estimated LGA= $3,250 ✓ 2011 taconite aid= $0 ✓ 2011 wind energy production tax= $0 ✓ 2011 utility transition aid = $0 Calculation: Step 1: $125,000 Step 2: $125,000 - $35,000 = $90,000 Step 3: $90,000 x 1.68% = $91,512 Step 4: $91,512 x (l+half of 3%) = $91,512 x 1.015 = $92,885 Step 5: $92,885 x (l+half of 1%) = $92,885 x 1.005 = $93,349 (adjusted levy limit base) Step 6: $93,349 - $3,250 - 0 - 0 - 0 = $90,099 (2011 levy limit) DATA YOY % YOY % Population Change Tax Levy Change 1998 15053 $ 2,889,626 1999 15760 4.49% $ 3,699,918 21.90% 2000 16791 6.14% $ 4,187,526 11.64% 2001 17380 3.39% $ 4,766,240 12.14% 2002 17942 3.13% $ 5,902,158 19.25% 2003 18368 2.32% $ 6,124,621 3.63% 2004 18725 1.91% $ 6,550,620 6.50% 2005 19698 4.94% $ 7,269,302 9.89% 2006 19736 0.19% $ 7,976,907 8.87% 25.00% 20.00% 0 m c 0 V 15.00% ft - 0 0 I g 10.00% 2 0 a 5.00% 0.00% Year over Year % of Change 1999 2000 2001 2002 2003 2004 2005 2006 ■ Population ■ Tax Levy 2008 TAX COMPARISION AMONG SIMILAR DEVELOPING METRO COMMUNITIE Andover Blaine Centerville IChaska Cottage grove Dayton Farmington ;Forest lake Hugo Lake elmo Lino w/recon Prior lake ,Rosemount 1St. Paul park Victoria 1 ac onia 16 -city averages 16 -city totals city rate school tax 31.39 31.57 45.81 9.18 35.12' 43.01 43.82 29.44 34.19 17.42 29.141 35.26' 35.97 29.62 20.08' ............... 45.81 15.14 16.11 20.55 18.45 total tax 84.31 90.36 20.431 98.03 94.86' 107.64 118.56 74,39' 80,3E cert. LGA $0 cert. levy $9,991,162 $0 $18,890 ,017 822,920' $1,985 ,64 $50,000: $4,313,324 $0, $12,184,099 $0 $2,665,835 $0' $8,870,078 $0 $6,832,461 $0' $5,189,507 97,984 ,713 $8,364,208 11,184 ,627 $1,420,711 $4,138,682 $4,007,385 total $ (E+F) 2007 pop. expendOop % vs. avg. $9,991,162 30,598 $326.53 5.74% $18,890,017 56,575 $333,89 -1384% $2 ,008 ,569 8523.20 35,02%' 8183.53 -52.64% $360,60; -6.94% $4,363,324 $12,184,099 $2,665,835 $8,870,078 $6,832,461 $5,189,507 0' 42.44 21.05. 93.66 $0 32.731 29.84 92.721 $214 ,219 37,15i 32.37 { 111.63 $01 32.59 F 28.96 103.06 80 33.80 27.10 ; 95.85 $17 ,946 $113,690,442 97,984 71 $8,364 ,20 $11,184,627 $1,634,930 $4,138,682 $4,007,385 $113,977,581 Average annual reconstruction expense of $2,187,500 (per P1+R financing plan, Spnngsted) i Lino Lakes' numbers with those of the other cities. Below are Lino Lakes' numbers without the normalization, for reference: 'Lino Lakes 38.97 ' 28.891 105.87 $0 Source: L que of Minnesota Cities, Metropolitan Council $8,867,213 adde $8 67,213 3,839 23,775 33,788 5,015 18,589 17,494 12,022 8,182 $531,57 $477.17 $390,56 $431.67 $317.52 19,861 US. 22,111 $378,28 20,917 $534,71: 5,344 $305.94 $653.82 9,701 $413.09 6,330 294,131 $387,51 37.18% 23.14% 0.79% 11,40% -18.06% 43.710 -2.38% 37.99% -21.05%: 68.73%, 6.60% 0.00% o the levy amount to no 19 ,851 $446.69 15.27% ^1..: City of Lino Lakes: Population vs. Total Tax Levy Sources: Metropolitan Concil, Comprehensive Annual Financial Reports, City of Lino Lakes Year 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Population Total Tax Levy 15,053 $ 2,889,626 15,760 $ 3,699,918 16,791 $ 4,187,526 17,380 17 ,942 18,368 18,725 19,698 19,736 $ 4,766,240 $ 5,902,158 $ 6,124,621 $ 6,550,620 7 ,269 ,302 $ 7 ,976 ,907 19,851 $ 8,456,328 19,987 $ 8,868,213 Year % Chg Population % Chg Tax Levy 1998 Year % Chg Population °% Chg Tax Levy 4.7% 28.0% 1998 6.5% 13.2% 2001 3.6%, 2008 32.8% 206.9% 23.8% 2003 2.4% 3.8% 19,851 $ 8,456,328 19,987 $ 8,868,213 Year % Chg Population % Chg Tax Levy 1998 1999 4.7% 28.0% 2000 6.5% 13.2% 2001 3.6%, 13.8% 2002 3.2'' 23.8% 2003 2.4% 3.8% 2004 1.9% 7.0% 2005 5.2% 11.0% 2006 0.2% 9.7% 2007 0.6% 6.0% 2008 0.7% 4.9% 25,000 20,000 15,000 10,000 5,000 0 1998 1999 2000 2001 2002 2003 —111— Population 2004 2005 - Total Tax Levy 2006 2007 2008 $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- City of Lino Lakes 2010 Adopted Tax Levy General Fund Levy Special Levy - PERA Contribution Adopted Adopted Adopted 2008 2009 2010 7,864,704 38,418 8,247,178 47,994 7,768,238 47,994 7,903,122 8,295,172 7,816,232 Special Levy - Target/Kohls Abatemt 70,114 Special Levy - Legacy/YMCA Abatemt 2006C 42,443 Debt Levy Certificate of Indebtedness 2005 Certificate of Indebtedness 2006 Certificate of Indebtedness 2007 Certificate of Indebtedness 2008 Certificate of Indebtedness 2009 Civic Complex Bond 1998A ** Public Project Revenue Bond 1999C Taxable G.O. Imp Bond 2003B G.O. Improvement Bond 2005A G.O. Improvement Refunding Bond 2005B G.O. Tax Abatement Bond 2006C G.O. CIP Refunding Bond 2006E ** Total Debt Levy 112,557 40,404 - 122,603 120,698 - 66,990 62,948 60,349 82,975 81,732 - - 126,840 191,213 126,788 109,557 104,570 20,741 19,534 23,524 108,041 113,482 124,176 66,148 108,591 140,091 125,580 209,580 322,470 851,277 949,166 879,182 Total Levy 8,866,956 9,244,338 8,695,414 ** Is decreased by School District lease n B-7