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CITY OF ARDEN HILLS <br /> COUNTY OF RAMSEY established pursuant to Ord the City Council dated the 29th day of September, <br /> STATE OF MINNESOT, 2003. <br /> RESOLUTION NO.03-60 2.0 Composition of Board of t)irectors.The Karth Lake Improvement District Board <br /> RESOLUTION ESTABLISHING THE KARTH LAKE IMPROVEMENT DISTRICT of Directors shall consist of five members initially appointed by the Arden Hills City <br /> AND ADOPTING THE BOARD BYLAWS Council and thereafter elected by qualified voters and owners of property within the <br /> WHEREAS, pursuant 10 Minnesota Statutes 459.20 and Minnesota Statutes Karth Lake Improvement District.Board Members shall reside within the City of Arden <br /> 103B.501-103B.581, the City of Arden Hills has the authority to establish a Lake Hills. A majority of the board members shall own property within the Karth Lake <br /> Improvement District;and Improvement District. <br /> WHEREAS, the engineering report prepared by the City's Consulting Engineer 3.0 Terms of Office.Board members shall be elected for a term of three years.T. <br /> identified the need for the construction and maintenance of a lake elevation control first appointed Board of Directors shall be composed of two members whose ter, <br /> structure for Karth Lake;and expire on the 31st day of December,2004;two members whose terms expire on the <br /> WHEREAS,Karth Lake is located wholly within the boundaries of the City of Arden 31st day of December,2005,and one member whose term expires on the 31st day of <br /> Hills;and December,2006.Board members shall be elected at the annual meeting by a majority <br /> WHEREAS,pursuant to Minnesota Statute 10313.501 to 103B.581 and the Minnesota of the votes cast.Voting shall be by secret ballot.Absentee ballots shall be received at <br /> Department of Natural Resources rules part 6115.0900 to 6115.0980 the City of Arden the offices of the Arden Hills City Administrator, 1245 west Highway 96,Arden Hills, <br /> Hills has prepared a document proposing the establishment and the administration of MN,no later than 3:00 p.m.on the date of the annual meeting or such ballots shall be <br /> a Lake Improvement District with the purpose of constructing and maintaining a lake void. <br /> elevation control structure;and 4.0 Vacancies. In the case of a vacancy during the term of a Board member, a <br /> WHEREAS,a public hearing for the establishment of the Karth Lake Improvement majority of the remaining Board members shall declare a vacancy and appoint a new <br /> District was held on the 29th day of September,2003. member who shall serve until the next annual meeting of the Karth Lake Improvement <br /> NOW,THEREFORE,BE IT RESOLVED by the Arden Hills City Council District.A vacancy shall exist if any office following events occur: <br /> 1. That Attachment A,the Order Establishing the Karth Lake Improvement District, A. Death of a Board member; <br /> is hereby approved and made a part hereof. B.Inability to perform the duties of a Board member; <br /> 2. That Attachment B, the Karth Lake Improvement District Bylaws are hereby C.Failure of a Board member to attend at least eight (80%) percent of the <br /> approved and made a part hereof. meetings;or; <br /> 3. That the boundaries for the Karth Lake Improvement District,are hereby approved D.Loss of City residency by a Board member or sale of qualifying property within <br /> and made a part hereof. the Karth Lake Improvement District. <br /> Dated the 29th day of September,2003. 5.0 Organization.The Board of Directors shall annually elect one member to serve <br /> CITY OF ARDEN HILLS as chairperson. The chairperson is responsible for the agenda of the meetings, <br /> Beverly Aplikowski,Mayor presiding at meetings,minutes of meetings,and reports and recommendations to the <br /> ATTEST: City Council.The Arden Hills Operations and Maintenance Department Shall maintain <br /> Michelle Wolfe,City Administrator all records of the Board. <br /> 6.0 Meetings and Reports.The Board of Directors shall hold at least one annual <br /> Attachment A meeting.The first annual meeting of the elected Board shall be held during the month <br /> ORDER ESTABLISHING THE KARTH LAKE IMPROVEMENT DISTRICT of April and in each April thereafter unless changed by vote at an annual meeting.The <br /> 1.0 WHEREAS,the Arden Hills City Council initiated the establishment of the Karth Board shall adopt Rules of Procedure for business and shall keep a public record of all <br /> Lake Improvement District by adopting Resolution No.03-55 which declared the City's motions,resolutions,findings,minutes and reports which shall be in writing and a copy <br /> intent to establish the District and which directly or by incorporation of supporting data: forwarded to the City Council. <br /> A.Specified the boundaries of the proposed District which were as consistent as 7.0 Duties and Functions.The Karth Lake Improvement District Board of Directors <br /> shall serve in an advisory capacity to the Arden Hills City Council and shall make <br /> practical with the natural hydrologic boundaries; <br /> B.Prescribed the water and related land resource management programs to be recommendationsA.The construction and operation of City Council regarding <br /> water tcontrwoo structures as approved by the <br /> undertaken within the District; <br /> C.Stated the manner in which proposed programs would be financed; Commissioner of Natural Resources. <br /> D.Designated the City officer or agency which would be responsible for B.The construction of projects to change the course,current or cross-section of <br /> supervising the programs;and the waters.of Karth Lake: <br /> E.Set a date for a hearing on the establishment of the proposed Lake C.The acquisition of property, equipment or other facilities as necessary to <br /> Improvement District. improve the navigation of the waters of Karth Lake. <br /> 2.0 WHEREAS, a public hearing, preceded by all notices required pursuant to D.The implementation of research projects to determine the condition <br /> Minnesota Statutes Chapter 10313.515 and Minnesota Rules 6115.0970, Subpart 3, development of the waters of Karth Lake and the waters which enter Karth Lake. <br /> was held on the 29th day of September,2003 in order to receive public comment as to E.The development and implementation of a comprehensive plan to eliminate <br /> whether the Karth Lake improvement District should be established;and pollution of the waters of Karth Lake. <br /> 3.0 WHEREAS,based upon all data submitted and on all comments received,the F. The development and implementation of a comprehensive program to improve <br /> Arden Hills City Council has determined: and conserve the waters of Karth Lake. <br /> A.That the proposed Lake Improvement District is necessary and that the public G.The sources of funding for various projects proposed by the Board of Directors. <br /> welfare will be promoted by the establishment of the Lake Improvement District; H.An annual budget for the operation of the Karth Lake Improvement District. <br /> B.That the property to be included within the Lake Improvement District will be I. The maintenance of public beaches, docks, and other public facilities for <br /> benefitted by the establishment of the Lake Improvement District;and access to the waters of Karth Lake. <br /> C.That the formation of the Lake Improvement District will not cause or contribute J. The adoption of water surface use regulations for Karth Lake. <br /> to long range environmental pollution. K.The amendment of Bylaws for the Karth Lake Improvement District. <br /> 4.0 NOW,THEREFORE,the Arden Hills City Council hereby orders: 8.0 Amendments. Amendments to the Bylaws for the Karth Lake Improvement <br /> A.Name.The name of the Karth Lake Improvement District shall be the"Karth District shall be approved by a majority of the City Council. <br /> Lake Improvement District". Dated the 29th day of September,2003. <br /> B.Boundaries.The boundaries of the Karth Lake Improvement District shall be as CITY OF ARDEN HILLS <br /> By:Beverly Aplikowski,Mayor <br /> described on Exhibit 1 attached hereto. <br /> Resource Management Programs. The water and related land resources ATTEST: <br /> aken shall include the following: Michelle Wolfe,City Administrator <br /> management programs and services to be undert <br /> 1. The construction and operation of a lake level control structure. <br /> 2. .A water quality monitoring program. <br /> D.Financing of Pro rams.The manner of financing such programs and services , <br /> shall initially consist of the levy of adroalorem taxes solely on property within the Lake <br /> Improvement District, but may also include the imposition of service charges, the LT� <br /> issuance of obligations as provided in Minnesota Statutes,Chapter 429.091, levy of EN HELLS <br /> special assessments pursuant to Minnesota Statutes 429,or a combination of any of <br /> the above. —" <br /> E.Board of Directors. The Board of Directors of the Karth Lake Improvement <br /> District shall be an advisory body to the Arden Hills City Council.The Board shall make <br /> recommendations regarding the implementation of programs,projects and services but <br /> shall not have the authority to enter into contracts or levy taxes. <br /> The Board shall consist of five members initially appointed by the Arden Hills <br /> Karth Lake <br /> City Council.The Board shall be appointed to staggered terms so that no more than improvement <br /> two Board Members'terms will expire at one time.After the appointment of the initial District <br /> Board, each Board Member shall serve a three year term subject to removal in the <br /> discretion of the City Council.Each Board Member shall reside within the City of Arden r <br /> Hills. A majority of the Board Members shall own property within the Karth Lake <br /> Improvement District. <br /> Dated the 29th day of September,2003. CRY OF ARDEN HILLS <br /> By:Beverly Aplikowski,Mayor RLIONFIL ' <br /> ATTEST: <br /> Michelle Wolfe,City Administrator _ _ __ _ e <br /> _ 600 0 600 1200 Feet <br /> Attachment B <br /> KARTH LAKE IMPROVEMENT DISTRICT BYLAWS <br /> 1.0 Establishment of Board of Directors.The Karth Lake Improvement District was (Bulletin:Oct.8,2003) <br />