Ordinance No. 1049 05-08-1995 ORDINANCE NO. 1049
AN ORDINANCE ESTABLISHING CHAPTER 219 ENTITLED
"HARRIS POND STORM WATER IMPROVEMENT DISTRICT" TO THE
FRIDLEY CITY CODE
The City Council of the City of Fridley does ordain as follows:
CHAPTER 219 HARRIS POND STORM WATER IMPROVEMENT DISTRICT
219.01. PURPOSE
The purpose of this ordinance is to establish a Storm Water Improvement
District for abutting property on Harris Pond and their share of the cost for
the annual weed treatment program. This Storm Water Improvement District
identified in Appendix A allows for the mailing of the bills and, if
necessary, levying and collection of taxes on the cost to the property within
the District.
219.02. APPLICATION
For the past three years the City has received petitions from the Harris Pond
abutting property owners to cost share in the weed and algae treatment within
the pond. In addition, the residents in New Brighton associated with the pond
have requested that their portion of the pond also be included in the pond
treatment.
The City has established a surface water policy to share up to one-half of the
improvement petitioned by residents.
219.03. DEFINITIONS
A. Storm Water Improvement District: Abutting real
property to Harris Pond per Appendix A.
B. Contractor: Firm responsible for treating the algae,
weed and phosphorus elements within Harris Pond.
C. Designated Representative: Individual of Harris Pond
Storm Water Improvement District designated by the
group to represent them to the City of Fridley
regarding the Harris Pond treatment application.
Serves as a communication link between the City and
the residents of the District.
D. Harris Pond: City pond located in the northeast
corner of the south half section 13 T30 R24.
E. Petition: Petitions requesting annual treatment of
Harris Pond received by the City Council on April 10,
1995 from the Fridley residents Petition No. 3-1995
and New Brighton residents No. 4-1995.
219.04 TREATMENT
Annually, one-half of the Harris Pond surface area will be treated two times
per year for submerged weeds.
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Annually, the Harris Pond surface area will be treated three times per year
for algae.
Every four years, commencing in 1995, the Harris Pond surface area will be
chemically treated for phosphorus reduction in the water column.
All treatments including those described above, shall be done pursuant to
regulations of the Minnesota Department of Natural Resources.
219.05. COORDINATION
The residents abutting Harris Pond will designate a representative to
coordinate with the City on the treatment location, process, results and cost
participation.
A City representative will coordinate with the pond treatment Contractor on
the annual cost, start of treatment, inspection and payment for the designated
work.
219.06. PROPORTIONATE SHARE
The City will annually obtain bids for the treatment of Harris Pond. The
Harris Pond designated representative will be notified of the estimated cost.
The City shall contribute one-half of the cost with the remaining half to be
equally distributed to the properties identified in the Storm Water
Improvement District.
The City shall pay the Contractor upon completion of the scheduled treatment.
The City will then submit a bill to each abutting property identified within
the District for their proportionate share of the cost.
219.07. LIEN
In the event the Harris Pond bill is unpaid at the end of the calendar
quarter, or the billing period under which the billing is sent out, the bill
shall be considered delinquent and the City Council may levy real estate taxes
on those parcels within the District pursuant to Minnesota Statute Section
444.20 by certifying to the County the amount of said delinquent bill in
accordance with Minnesota Statutes Chapter 444. A service charge of $50.00
will be added to all amounts certified to the County for collection.
219.08. TERMINATION
Annually, before the treatment contract is consummated, the Harris Pond
designated representative will be contacted by the City and notified of the
estimated cost for that year's work. If 51% or more of the residents within
the District decide not to continue the pond treatment, they must submit a
petition to stop the improvement within 30 days of the cost notice.
If the City decides to terminate their cost participation to the Harris Pond
treatment, they will notify the residents within the District and conduct a
public hearing in accordance with the City Charter to repeal this ordinance.
III Page 3 - Ordinance No. 1049
This ordinance shall be effective from, and after its adoption and publication
as provided by City Charter.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF
MAY, 1995
Wkitlf:64,44)2.1 .
WILLIAM J. EE, MAYOR •
ATTEST:
_I .Lam. if /.I/.A'!_,
W LLIAM A. CHAMPA, CI r C ERK
First Reading: April 24, 1995
Second Reading: May 8, 1995
Publication: May 23, 1995
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