11/25/1991 CONF MTG - 5117�
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CIlYOF
FRIDLEY
CITY COUNCIL CONFERENCE MEETING
NOVEMBER 25, 1991 - 7:30 P.M.
CONFERENCE ROOM A
1. Tax Increment Financing Guidelines.
2. Surface Water Policy.
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Community Development Department
HOUSING AND REDEVELOPMENT AUTHORITY
City of Fridley
DATE: November 20, 1991
�1� •
TO: William Burns, City Manager�, .
FROM: Barbara Dacy, Community Development Director
SUBJECT: Proposed Tax Increment Financing Policies
Discussion of TIF policies should be discussed by the City Council
in the following order: �
1. Definition of terms
2. Discussion of General Guidelines
3. Chart entitled "Developer Assistance" and "HRA
Redevelopment Costs
I. Definitions. For the purposes of the Council's discussion,
it is critical that all participants are using the same
definition for key terms. These are as follows:
A. Cost versus a subsidy
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C.
1.
2.
Cost is the amount of money needed to acquire land,
prepare the site, or construct public improvements.
A subsidy is the amount of assistance to a developer
that allows the.developer to acquire the site below
its fair market value. � '
Redevelopment versus Economic Development
1.
2.
Redevelopment usually refers to improved and/or
blighted properties.
Economic development usually refers to unimproved
properties.
"But-For Test"
l. Where does it come from? M.S. 469.175, Subd. 3(2)
Proposed Tax Increment Financing Policies
November 20, 1991
Page 2
2. The "But-For Test" is as follows: "That the
proposed development or redevelopment in the opinion
of the municipality would not reasonably be expected
to occur solely through private investment within
the reasonable foreseeable future and therefore the
use of tax increment financing is deemed necessary."
D. Eligible Expenses
1. Land acquisition
2. Site work including demolition/site clearance,
grading/ back-filling/compaction of fill, erosion
control, and paving; include costs of base
construction up to laying of asphalt
3. Utility hook-up
4. Traffic control lightsjsigns
5. Relocation
6. Landscaping on public right-of-ways
7. Public right-of-way costs including lighting,
signage, driveway aprons, curbs, sidewalks, and
boulevards
8. Interest cost during construction period of eligible
expenses
9. Administrative costs including supervision,
contractors fees, inspection fees, and overhead
10. Consultant's fees including architectural/design,
engineering, financial consulting, and legal/bond
counsel
11. City assessments, including sanitary sewer, storm
sewer, streets, and any costs listed above that are
assessable
12. Contingency
13. Interest rate buy-down for housing only
E. Project Costs are the cost of land, building, and
equipment that are incurred within the first year from
the start of project construction.
Proposed Tax Increment Financing Policies
November 20, 1991
Page 3
II. General Guidelines. To follow is a draft list of general
guidelines which we believe address key points discussed by
the City Council and the HRA. These guidelines, in
conjunction with the chart in the following section, will help
guide the community in achieving its redevelopment goals.
A. TIF policies are not goals, but are guidelines only.
B. The subsidy should be proportional to the size of the
proj ect .
C. Every district should be self-supporting; however, in
certain areas the HRA's redevelopment costs may greatly
exceed the value of tax increment revenues generated in
projects that fulfill redevelopment goals (i.e. housing
rehabilitation projects or redevelopment from commercial
to residential).
D. The City should not incur any losses as a result of the
HRA assisting a project.
E. Any developer/user must justify the requested assistance
("But-For Test").
F. Whenever possible, the HRA should recapture its subsidy
from the project.
G. The captured tax capacity shall not exceed 15% of the
total tax capacity.
H. Pooling of TIF revenues is desirable as a means of
accomplishing difficult redevelopment goals (i.e. housing
rehab).
I. Wherever possible, the amount of TIF assistance for a
project should be limited through the use of alternative
financial incentives e.g. SBA 504 financing, industrial
revenue bonds, or economic recovery fund grants.
J. The amount of TIF given to any project must be related
to the contribution of the project to the City's
redevelopment goals including creation and retention of
jobs, enhancing the tax base, preserving the decline of
tax values, eliminating blight and deteriorated
properties, or meeting affordable housing/other housing
objectives.
K. Developers and users should demonstrate the financial
feasibility of the project.
Proposed Tax Increment Financing Policies
November 20, 1991
Page 4
III. Attached is a matrix identifying maximum percentages of
project cost to be considered for economic development
districts and redevelopment districts. The HR.A has adopted
an application process for submission of sources and uses
statements, proformas, and an application fee. If the project
meets the goals of the redevelopment program, the HRA can
utilize either a grant, loan, or pay-as-you-go grant to assist
the project.
IV. The Chart entitled "Redevelopment Costs" identifies a
guideline for the City to use in determining the maximum
amount of redevelopment costs to be incurred for industrial,
commercial/office, or housing projects. Reference general
guidelines C and H. There may be cases where districts will
need to use increment from other districts. Where this
happens, we suggest a maximum cap of 125% for industrial and
commercial/office redevelopment projects and 150% for housing
redevelopment projects.
BD:ls
M-91-843
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TO:
FROM:
DATE:
SUBJECT:
Engineering
Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
r'�.
William W. Burns, City Manager/�`�r PW91-356
John G. F1ora�Public Works Director
November 19, 1991
Surface Water Policy
Based upon the discussions we had with the City Council on October
28 regarding the City's involvement in storm water issues
associated with lakes, ponds, and creeks within the City, I have
prepared a Surface Water Policy Statement which identifies the
degree of involvement of the City in the various storm water
issues.
As a means of funding storm water improvements, there needs to be
specific legislation enabling special districts to be identified
in the City in order to levy or carry any costs associated with the
various storm water projects. I have reviewed a number of State
Statutes and prepared a draft ordinance establishing Chapter 208
entitled "Public Waters Improvement Districts" which follows
Chapter 103 of the State statutes.
If you and the City
the draft ordinance,
review the items fo
adoption.
JGF:ch
Council aqree with the policy statement and
I would recommend that the City Attorney
r appropriateness prior to final typing and
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CfiYOF
FRIDLEY
SURFACE WATER POLICY STATEMENT Draft 11/19/91
Purpose:
The following procedures and policy are established for the
purpose of protecting and promoting the public health, safety,
comfort, convenience, prosperity, and general welfare of the
City of Fridley in regards to surface water issues.
Definitions:
Algae:
Accumulation of decomposing aquatic growth
on the surface of retention ponds.
City Creeks: Within Fridley, are defined as Stonybrook
Creek, Springbrook Creek, Oak Glen Creek,
and Norton Creek. Rice Creek within the
City of Fridley is defined and treated
separately.
Creeks:
Detention Ponds:
Dredging:
Pipes:
Private Ponds:
Public Ponds:
Retention Ponds:
Serve as a surface water conduit and are
relatively wild and uncontrolled.
Al1 depressions that hold surface water
for short periods of time and normally are
dry.
Removal of aquatic growth and soils within
retention ponds.
Underground system for storm water
conveyance.
Receive surface water from one lot or from
a single owner before exiting into the
street storm water system.
Receives water from streets.
Depressions that hold surface water and
are generally always wet
Rice Creek: Represents the final leg of the Rice Creek
Watershed District flowing through the
City of Fridley to the Mississippi River.
Rice Creek Responsible for the overall management and
Watershed control of surface water within the Rice
District: Creek Watershed.
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Runoff:
Storm Water System:
Surface Water:
Weed Harvesting:
Retention Ponds:
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The flow of surface water beyond the storm
water system resulting in flooding or
damage to property.
Series of pipes and conduits to convey
surface water accumulating on the streets
and convey it to the ultimate disposal
system, the Mississippi River.
Results from rainfall events.
Consists of cutting aquatic growth beneath
the surface of retention ponds .
Retention ponds within the City of Fridley include Moore Lake,
Locke Lake, Farr Lake, Harris Pond, Secondary Pond, BASFU
Pond, and Springbrook Nature Center Pond. It is understood
that these retention ponds provide an overall benefit to the
residents of the City, in regards to storm water control,
ground water percolation, and water quality improvement, but
at the same time, provide some specific amenities to the
abutting properties in relation to aquatic use, wildlife, and
general water aesthetics.
In establishing a policy for maintaining the retention ponds
as an amenity within the City, each pond requires special
attention and maintenance to ensure they provide the desired
service and benefits. It is understood that the detrimental
effects for most retention ponds is the growth of weeds within
the water area and the accumulation of algae on the water
surface. It is the desire of the City to maintain these
facilities as an aesthetic element and, therefore, support the
City's involvement in contributing to periodic weed harvesting
and the treatment of algae on the water surface. Accordingly,
if a majority of the abutting property owners petition the
City to remove the weeds and/or algae, the City will initiate
a special service district and assess 50 percent of the
improvement costs to the abutting property owners to cover the
cost of the improvement.
Dredging of retention ponds is deemed to be a significant
improvement to the facility and will be treated on a case-by-
case basis by petition of the abutting property owners. A
special service district will be established and the cost
sharing percentage to be charged against the abutting
properties will be determined at that time.
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Detention Ponds:
Detention ponds serve as a water quality and quantity
improvement for surface water from development. In
certain areas of the City, private detention ponds are
constructed and remain a private responsibility for operation,
maintenance, and control.
Public detention ponds provide an overall service to the City
in regard to storm water control and, as such, the City is
responsible for maintaining the control weirs, piping, and
improved valley gutters. The surface maintenance of the ponds
in regard to grass cutting, weed control, and bank repair
remain with the property owner on which the pond is located.
Pond Control:
After adoption of this policy, any property, plat, or
subdivision on which a storm water facility is to be
constructed will have an "as built" survey prepared and
submitted to the City indicating the size, location, and
elevation of the facility, as well as related structures, to
insure the construction was completed in accordance with the
approved design and plans. The City will inspect the
construction of these facilities as they are being
constructed.
The City will also annually inspect, both private and public
retention and detention ponds, and inform the appropriate
responsible party of whatever action is necessary to insure
continued function and operation of the approved design.
City Creeks:
It is understood that the creeks located within the City of
Fridley serve as a primary conduit for the conveyance of
surface water to the Mississippi River. Any major system
improvements, modifications, channel alignment, or
reconstruction are deemed to be a City responsibility for
planning, scheduling, and construction. Creek bank armor
projects submitted by petition for a system wide improvement
resulting in certain benefits to the involved properties would
require 50 percent funding participation by the abutting
properties. These associated improvements can be accomplished
through a special assessment project, City improvement
project, or a service district project.
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The Rice Creek Watershed District has established certain
controls and procedures for maintaining the Rice Creek storm
water system. Any improvements associated with the Rice Creek
system within the City of Fridley are to be accomplished in
accordance with the Rice Creek Watershed District Surface
Water Management Plan, Policies and Procedures.
Upon request by Rice Creek property owners, the City will
petition the Rice Creek Watershed Managers for system
improvements based upon a 50 percent project cost
participation by abutting property owners. These associated
improvements can be accomplished through a special assessment
project, City improvement project, or a special service
district.
Runoff:
Fees:
Surface water runoff can result in damage and discomfort to
residents of the City. Accordingly, any runoff problem will
be reviewed by the City. Re-occurring problems will be
reviewed to determine if the public storm water system is a
contributing factor and that any private sources of runoff
are in conformance with plat or construction requirements.
When the runoff is from unaccountable private sources,
resulting in re-occurring runoff problems to one or more
properties, the City may contribute up to 50 percent of the
costs to resolve the problem. Any runoff problems associated
with improved streets which include concrete curb, gutter, and
storm drainage system, remain a responsibility of the City to
correct, within the design provisions of the storm water
system. For unimproved streets, without concrete curb and
gutter, the property owner retains full responsibility for
resolving the problems and corrective action.
A fee for surface water ponding inspection of construction is
provided for in Chapter 11 of the City Code.
RECEIVED AND APPROVED BY THE CITY COUNCIL ON
m
11-19-91
One year storm water costs for a 10 year period assuming all
projects proceed.
Weed Growth:
West Moore Lake
Locke Lake
Harris Pond
Algae:
West Moore Lake
Locke Lake
Harris Pond
Secondary Pond
BASFU Pond
Farr Lake
Pond Maintenance
Creek Armoring:
Stonybrook
Springbrook
Oak Glen
Norton
Rice
$16,500
10,000
10,000
$ 7,400
1,700
1,700
1,700
1,700
1,700
$ 4,000
6,000
6,000
2,000
18,000
Sedimentation Removal - Al1 Ponds
$ 36,500
$ 15,900
$ 4,000
$ 36,000
$ 92,400
$127,500
TO:
FROM:
DATE:
SUBJECT:
Engineering
Sewer
Wate�
Parks
Streets
Maintenance
MEMORANDUM
William W. Burns, City Manager-,���PW91-336
�
John G. Flora,�Public Works Director
November 19, 1991
Public Waters Improvement Ordinance
Upon reviewing State Statutes 86, 103, and 459, there is
legislation specifically identified in Chapter 103, Lake
Improvement Districts, that would allow the City to establish
special service districts and set up levies or service charges for
work within the designated district. This is consistent with the
discussion we had on the various retention pond improvements and
maintenance.
The legislation and the draft ordinance also provides for inclusion
of creek projects within the special district designation, as
requests are received by the City.
The legislation requires the establishment of a Board of Directors
to manage the various special districts. This may be an issue the
Council may want to discuss.
The City of Minneapolis had special legislation passed for them
which allowed special service districts to be established for snow
removal and sidewalk maintenance within specific designated areas
of the City. If the existing legislation is not agreeable, we
always have the option of requesting some special legislation from
our representatives to deal with the retention pond issues.
JGF:Ch
/
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FWIX�1(
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�
A.
B.
ORDINANCE NO.
Draft
AN ORDINANCE ESTABLISHING A NEW CHAPTER 208
ENTITLED "PUBLIC WATERS IMPROVEMENT DISTRICTS"
purpose:
To preserve and protect the public waters of the City and to
increase and enhance the use and enjoyment of the lakes and
creeks, it is in the public interest that a City improvement
program is established to: (1) preserve the natural character
of the public waters and their shoreline environment where
feasible and practical; (2)improve the quality of water in
lakes and creeks; (3) provide for reasonable assurance of
water quality in lakes and creeks, where feasible and
practical; and (4) to assure protection of the lakes and
creeks and detrimental affects of human activities and certain
natural processes. -
The City shall coordinate and supervise a program for the
establishment of Public Waters Improvement Districts located
within the City boundaries based on State guidelines and rules
and compatible with State, regional, and local plans, where
a plan exists.
Initiation and Establishment by City Council:
1. Resolution of Intent:
The City Council may initiate the establishment of a
Public Waters Improvement District in a portion of the
City under this ordinance. The Council must adopt a
resolution declaring the intent of the Council to
establish a Public Waters Improvement District. The
resolution must:
(a) specify the boundaries of the district which shall
be encouraged to be as consistent and practical with
natural hydrologic boundaries;
(b) prescribe the water and related land resources
management programs to be undertaken in the
district;
(c) state how the proqrams will be financed;
(d) designate the City Officer or department responsible
for supervisory programs; and
(e) set a da�e for hearing on the resolution.
,
0
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2. Hearing:
The City Council must hold a public hearinq on whether
a Public Waters Improvement District should be
established. Before the date set for the hearing, any
interested person may file objections to the formation
of the district.with the City Clerk. At the hearinq, any
interested person may offer objections, criticism, or
suggestions about the necessity of the proposed district
and how the person's property will be benefitted or
affected by the establishment of the district.
3. Establishment:
The City Council may establish a Public Waters
Improvement District by order, after making findings.
If the Council determines that:
(a) proposed district is necessary or that the public
welfare will be promoted by the establishment of the
district;
(b) property to be included in the district will be
benefitted by establishing the district; and
(c) formation of the district will not cause or
contribute long range environmental pollution.
C. Initiation by Petition:
l. Petition:
A Public Waters Improvement District may be initiated by
petition to the City Council. The petition must state:
(a) the name of the proposed Public Waters Improvement
District;
(b) the necessity of the proposed district to promote
public health or public welfare;
(c) the benefits to property from the establishment of
the district;
(d) the boundaries of the proposed district which shall
be encouraged to be as consistent as possible with
natural and hydrologic boundaries;
(e) a map of the proposed district;
(f) a number from five to nine of directors proposed for
the district; and
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(g) a request for establishment of the district as
proposed. � •
The petition must be signed by 26 percent of the property
owners within the proposed Public Waters Improvement
District described in the petition. Government
subdivisions other than the State or Federal governments
who own lands within the district are eligible to sign
the petition.
The petition must be filed with the City Clerk and
addressed to the City Council requesting the Council to
establish a Public Waters Improvement District to provide
and develop a program of water and related land resources
management.
2. Hearing:
After receiving the petition, the City Clerk must verify
the signatures and notify the City Council. Within 30
days after being notified of the petition, the City
Council must hold a public hearing on whether the
requested Public Waters Improvement District should be
established.
3. Establishment:
Within 30 days after holding the public hearing, the City
Council sh�ll, by order, establish or deny the
establishment of the petitioned Public Waters Improvement
District.
D. Order Establishing the District:
1. An order by the City Council establishing a Public Waters
Improvement District must:
(a) state the name of the district;
(b) boundaries of the district which are encouraged to
be as consistent as practical with natural
hydrologic boundaries;
(c) water related land use resources management programs
and services to be undertaken;
(d) manner of financing programs and services;
(e) number, qualifications, terms of offices, removal
and filling the vacancies of the Board of Directors.
E.
F.
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Publications and Effective Date:
1.
2.
Publication of Establishment Order:
If a Public Waters Improvement District is established,
the City Council shall publish the order once in the
official newspaper and file the order with the Secretary
of State the Minnesota Pollution Control Agency, and the
Commissioner of Natural Resources.
Effective Date:
Establishment
is effective
as specified
of the Public Waters Improvement District
30 days after publication or a later date
in the establishment order.
Referendum on Establishment:
1.
2.
3.
Petition:
Twenty-six (26) percent of the property owners within the
Public Waters Improvement District established by the
City Council may petition for a referendum on
establishing the district before the effective date of
its establishment. After receiving the petition, the
City Council must issue an order staying the
establishment until a referendum vote is taken of all
qualified voters and property owners within the proposed
district.
Election:
The City Council shall conduct a Special Election in July
or August, after receiving the referendum petition. A
Special Election must be held within the Public Waters
Improvement District. The City Clerk shall administer
the Special Election.
Questions Submitted to Voters:
The questions to be submitted and voted upon by the
qualified voters and property owners within the Public
Waters Improvement District must be stated substantially
as follows: "Should the Public Waters Improvement
District be established to provide (description of
intended water and related land resources) and financed
by (description of revenue sources)?"
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4. Certification of Vote and Establishment:
The City Clerk must certify the vote on the question
submitted. If a majority of those voting on the question
favor establishing the proposed Public Waters Improvement
District, the stay on establishing the district is
lifted. If a majority of those voting on the question
do not favor establishing the proposed district, the
establishment is denied.
G. Board of Directors:
1. Membership:
After a Public Waters Improvement District is
established, the City Council shall appoint persons to
serve as an initial Board of Directors for the district.
The number, qualifications, terms of office, removal, and
filling of vacancies of directors shall be as provided
in the order creating the Board of Directors. The
initial and all subsequent Board of Directors must
include persons owning property within the district and
a majority of the directors must be residents of the
district.
2. Powers:
The City Council may, by order, delegate the powers in
this section to the Board of Directors of a Public Waters
Improvement District to be exercised within the district.
Programs and services undertaken must be consistent with
the Statewide water and related land resources plan
prepared by the Commissioner of Natural Resources and
with regional water and related land resource plans. A
body of water may not be improved by using authority
granted under this section, unless the public has access
to some portion of the shoreline. The City Council may
delegate their authority to a district Board of Directors
to:
(a) acquire by gift or purchase an existing dam or
control works that affect the local level of waters
in the district; .
(b) construct and operate water control structures that
are approved by the Commissioner of Natural
Resources;
(c) undertake projects to change the course of current
or cross-section of public waters that are approved
by the Commissioner of Natural Resources;
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(d) acquire property, equipment, or other facilities by
qift or purchase to improve navigation;
(e) contract with the Board af Managers of a Watershed
District within a district or the Board of
Supervisors, of a Soil and Water Conservation
District within the district for improvements under
State statute;
(f) undertake research to determine the coordination and
development of the body of water and the water
entering it and to transmit the results of the study
to the Minnesota Pollution Control Agency and other
interested authorities;
(g) develop and implement a comprehensive plan to
eliminate water pollution;
(h) conduct a program of water improvement and
conservation;
(i) construct a water and sewer system in a manner
provided by applicable laws;
(j) receive financial assistance from and participate
in projects to enter into contracts with Federal and
State agencies for the study and treatment of
pollution problems and other related demonstration
programs;
(k) make cooperative agreements with the United States
or State governments or other counties or cities
that affect water and related land resource
programs;
(1) maintain public beaches, public docks, and other
public facilities for access to the body of water;
(m) provide and finance a qovernment service of the City
that is not provided throughout the City or County.
If the government service is provided, the service
is to be an increased level within the district; and
(n) regulate water surface.
H. Financing:
The City Council may undertake projects and improvements
consistent with the purpose of the Public Waters Improvement
District. To finance projects and services of the district,
the City Council may:
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(1) assess the cost of the projects upon benefitted property
within the district in the manner provided under Chapter
429;
(2) impose service charges on the users of district Bervices
within the district;
(3) issue obligation as provided in State statutes Section
429.091;
(4) levy an ad valorem tax solely on property within the
district to be appropriated solely on projects of special
benefit to the district; or
(5) impose or issue any combination of service charqes,
special assessments, obligations, and taxes. ,
I. Annual Meeting of Public Waters Improvement District:
1. Time:
A district must have an annual meeting. The first annual
meeting shall be scheduled during the month of July or
August and be held annually in that period unless changed
by a vote at the previous annual meeting.
2. Notice:
The annual meeting shall be proceeded by two weeks
published notice and written notice mailed at least 10
days in advance of the meeting to the City Council, the
Minnesota Pollution Control Agency, the Commissioner of
Natural Resources and if there is a proposed project of
the district having a cost in excess of $5,000, all
property owners within the assessment area.
3. Agenda:
At the annual meeting, the district property owners
present shall:
(a) elect one or more directors to fill vacancies on the
Board of Directors;
(b) approve budget for the fiscal year;
(c) approve or disapprove proposed projects by the
district having a cost to the district in excess of
$5,000; and
(d) take up and consider other business that comes
before them.
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4. Annual Report:
Each year the Board of Directors shall prepare and file
a report on the financial condition of the district, the
status of all projects in the district, the business
transacted by the district, other matters affecting the
interest of the� district, and discuss the directors'
intention for the succeeding years. Copies of the report
shall be transmitted to the City Council, the
Commissioner of Natural Resources, and the i�iinnesota
Pollution Control Agency within four months after the
annual meeting.
J. Expansion of the Boundaries of a Public Waters Improvement
District:
The boundary of a district may be enlarged by complying with
the procedures to establish a district.
K. Termination of a Public Waters Improvement District:
1. Petition:
The termination of a district may be initiated by
�petition requesting the termination of the district. The
petition must be signed by 26 percent of the property
owners in the district. Within 30 days after receiving
a petition, the City Council must set a time and place
for a hearing on terminating the district.
2. Findings and Order:
If the City Council determines that the existence of the
district is no longer in the public welfare or public
interest and is not needed to accomplish the purpose of
the Public Waters Improvement District Ordinance, the
City Council shall make the findings and terminate the
district by order. A certified copy of the findings and
order shall be filed with the Secretary of State,
Minnesota Pollution Control Agency, and the Commissioner
of Natural Resources that the district is terminated and
ceases to be a political subdivision of the State.
3. Termination of Financing:
If a district is tenainated under the paragraph above,
additional water and related land use management programs
may not be undertaken with monies raised by a special tax
within the district. An additional water and special
land related resources management tax may not be levied
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within the district. If money raised by past epecial
levies within the district has been exhausted, further
operation and maintenance of existing programs may be
financed by appropriations from the General Revenue Fund.