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Ordinance No. 1063 01-22-1996 ORDINANCE NO. 1063 III I. Title An ordinance establishing Chapter 221 entitled Stonybrook Creek Storm Water Improvement District to the Fridley City Code. II. Summary. The City Council at their January 22, 1996 meeting approved Ordinance No. 1063 establishing Chapter 221 - Stonybrook Creek Storm Water Improvement District. This • ordinance establishes a special taxing district in lieu of an annual assessment process. The District generally incorporates the area bounded by University Avenue, 81st Avenue, Burlington Northern railroad tracks, 79th Avenue, East River Road, Pearson Way, Bellaire Way, the Mississippi River, Osborne Way and Osborne Road. It provides for the levying and collection of ad valorem taxes on the properties within the District to correct the erosion problem occurring on Stonybrook Creek west of East River Road to the Mississippi River. III. Notice This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley s Storm Water Improvement District ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E. , Fridley, MN 55432. IIIPASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE 22ND DAY OF JANUARY, 1996. VL2tW WILLIAM J. - MAYOR ATTEST: t WILLIAM A. CHAMPA - CITY LERK Pu blic Hearing: December 11, 1995 First Reading: January 8, 1996 Second Reading: January 22, 1996 Publication: February 2, 1996 III ORDINANCE NO. 1063 AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 221 ENTITLED "STONYBROOK CREEK STORM WATER IMPROVEMENT DISTRICT" The City Council of the City of Fridley does ordain as follows: CHAPTER 221 STONYBROOK CREEK STORM WATER IMPROVEMENT DISTRICT 221.01. PLAN The Six Cities Watershed Management Organization (WHO) Plan approved in September 1988 has been adopted and implemented by the City through the establishment of the erosion control, wetland and critical area ordinances as well as the capital improvement program. The Stonybrook Creek storm water improvement project is a result of this plan. 221.02. PURPOSE The purpose of this ordinance is to establish a special tax district for a storm water improvement for properties within Fridley in the Stonybrook Creek sub- watershed. This district will allow for the levying and collection of ad valorem taxes on the properties within the District. District-wide storm water, as well as run-off from properties immediately adjacent to this project has contributed to erosion of Stonybrook Creek. 221.03. LOCATION The special tax district for Stonybrook Creek is identified in Appendix A. 221.04. COST The cities of Fridley and Spring Lake Park have recognized the continued erosion problem along Stonybrook Creek from East River Road west to the Mississippi River. As a solution to this problem, the City of Fridley has agreed to initiate repairs sharing the cost proportionately with the City of Spring Lake Park and the adjoining land owners. The City of Fridley will contribute to the cost of the project. Said payments shall be funded through the special tax district. The City of Spring Lake Park, having properties which contribute to the storm water drainage into Stonybrook Creek, has agreed to pay the City of Fridley $50,000 for a one-time improvement project on Stonybrook Creek. The abutting residents to Stonybrook Creek, after petitioning the City to correct the erosion problem, having agreed by petition to contribute $2,000 per lot to the project. 221.05. PROJECT This project is designed to correct the erosion problem by extending the culvert from East River Road west behind the first five properties and establishing a controlled drainage ditch for the remainder of the creek s run. Page 2 -- Ordinance No. 1063 221.06. ESTABLISHMENT OF SPECIAL TAX DISTRICT The properties within the Stonybrook Creek sub-watershed district are determined to contribute to the erosion problem and are therefore subject to an ad valorem tax for their contribution to the area surface water run-off. In accordance with the approved Six Cities Watershed Management Plan established through a Joint Powers Agreement and Minnesota Statutes Chapter 103, the Stonybrook Creek sub-watershed ad valorem special tax district is established for the Stonybrook Creek storm water improvement project No. 246. 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 22ND DAY OF JANUARY, 1996. 1ll.J aG T�/ WILLIAM J. E - MAYOR ATTEST: WILLIAM A. CHAMPA - CI CLERK Public Hearing: December 11, 1995 First Reading: January 8, 1996 Second Reading: January 22, 1996 Publication: February 2, 1996