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Home My WebLink About03-060 - , I %E HILLS NI CITY OF ARDEN HILLS -- _ COUNTY OF_RAMSEY STATE OF MINNESOTA RESOLUTION NO. 03-60 RESOLUTION ESTABLISHING THE KARTH LAKE IMPROVEMENT DISTRICT AND ADOPTING THE BOARD BYLAWS WHEREAS, pursuant to Minnesota Statutes 459.20 and Minnesota Statutes 103B.501-103B.581, the City of Arden Hills has the authority to establish a Lake Improvement District; and WHEREAS, the engineering`report prepared by the City's Consulting Engineer identified the need for the construction and maintenance of a lake elevation control structure for Karth Lake; and WHEREAS, Karth Lake is located wholly within the boundaries of the City of Arden Hills; and WHEREAS, pursuant to Minnesota Statute 103B.501 to 103B.581 and the Minnesota Department of Natural Resources rules part 6115.0900 to 6115.0980 the City of Arden Hills has prepared a document proposing the establishment and the administration of a Lake Improvement District with the purpose of constructing and maintaining a lake elevation control structure; and WHEREAS, a public hearing for the establishment of the Karth Lake Improvement District was held on the 29th day of September, 2003. NOW, THEREFORE, BE IT RESOLVED by the Arden Hills City Council 1. That Attachment A, the Order Establishing the Karth Lake Improvement District, is hereby approved and made a part hereof. 2. That Attachment B, the Karth Lake Improvement District Bylaws are hereby approved and made a part hereof. 3. That the boundaries for the Karth Lake Improvement District, are hereby approved and made a part hereof. CITY OF ARDEN HILLS By: Beverly$likdwski, Mayor Dated the 29th day of September, 2003. ATTEST: b)UL Michelle Wolfe, City Administrator \\Earth\Admin\Council\Resolutions\2003\03-60,Establishing the Karth Lake Improvement District.doc Exhibit #1: Karth Lake Improvement District Boundaries .-ARQEN �fiLLs — - vror. .sin t t7 f lollDistrict Boundaries MOO ❑ QCg� c� e b Karth Lake Improvement O ev - �$� b -,✓� � dLa��7iSa m� a cad dCa t7 � Sou Roe! aan•se County Gi5 Base Map-February,2003. °a m a°pamo°mea n,ndc aa,aunbsm�ea`eeer°avtlona�se wer mrae�e1°e�ieaeemerw.�se�i°tl neap aaa as«ram ° n°�pr�n°n�a��b w�°.mom°"pr�aa 600 0 600 1200 Feet Wepeax¢nbYB51-9r51Y.re�eaairy ft tlbpa„erbprcuue°p«srm 2i(ffip, ma spi°°ipa°me r..arep°arcp N aba«pmh�'°°""°°`«`:;:r cia p��araamm:br°cniar n:�°pr,,bampiena°«wa"°.«nm pam.wa The following tax parcels are included in the boundaries of the Karth Lake Improvement District: 223023140031 223023140020 223023140032 223023140025 223023120036 223023140004 223023120039 223023130037 223023140033 223023120032 223023120035 223023140030 223023120054 223023120034 223023140034 223023140023 223023110007 223023130036 223023140019 223023110006 223023140024 223023110008 223023120016 223023140022 223023140021 223023110067 223023120033 223023120038 223023120040 223023120018 223023140018 223023120014 223023120030 223023120037 223023110005 223023110003 223023120058 223023120015 223023110004 22302312004 223023120031 223023120042 223023140035 223023120017 223023140005 223023120041 Attachment A ORDER ESTABLISHING THE KARTH LAKE IMPROVEMENT DISTRICT 1.0 WHEREAS, the Arden Hills City Council initiated the establishment of the Karth Lake Improvement District by adopting Resolution No. 03-55 which declared the City's intent to establish the District and which directly or by incorporation of supporting data: A. Specified the boundaries of the proposed District which were as consistent as practical with the natural hydrologic boundaries; B. Prescribed the water and related land resource management programs to be undertaken within the District; C. Stated the manner in which proposed programs would be financed; D. Designated the City officer or agency which would be responsible for supervising the programs; and E. Set a date for a hearing on the establishment of the proposed Lake Improvement District. 20 WHEREAS, a public hearing, preceded by all notices required pursuant to Minnesota Statutes Chapter 1036.515 and Minnesota Rules 6115.0970, Subpart 3,was held on the 29th day of September, 2003 in order to receive public comment as to whether the Karth Lake Improvement District should be established; and 30 WHEREAS, based upon all data submitted and on all comments received, the Arden Hills City Council has determined: A. That the proposed Lake Improvement District is necessary and that the public welfare will be promoted by the establishment of the Lake Improvement District; B. That the property to be included within the Lake Improvement District will be benefitted by the establishment of the Lake Improvement District; and C. That the formation of the Lake Improvement District will not cause or contribute to long range environmental pollution. 4:0 NOW, THEREFORE, the Arden Hills City Council hereby orders A. Name. The name of the Karth Lake Improvement District shall be the"Karth Lake Improvement District". B. Boundaries. The boundaries of the Karth Lake Improvement District shall be as described on Exhibit 1 attached hereto. C. Resource Management Programs. The water and related land resources management programs and services to be undertaken shall include the following: 1. The construction and operation of a lake level control structure. Attachment A 2. A water quality monitoring program. D. Financing of Programs. The manner of financing such programs and services shall initially consist of the levy of ad valorem taxes solely on property within the Lake Improvement District, but may also include the imposition of service charges, the issuance of obligations as provided in Minnesota Statutes, Chapter 429.091, levy of special assessments pursuant to Minnesota Statutes 429, or a combination of any of the above. E. Board of Directors. The Board of Directors of the Karth Lake Improvement District shall be an advisory body to the Arden Hills City Council. The Board shall make recommendations regarding the implementation of programs, projects and services but shall not have the authority to enter into contracts or levy taxes. The Board shall consist of five members initially appointed by the Arden Hills City Council. The Board shall be appointed to staggered terms so that no more than two Board Members' terms will expire at one time. After the appointment of the initial Board, each Board Member shall serve a three year term subject to removal in the discretion of the City Council. Each Board Member shall reside within the City of Arden Hills. A majority of the Board Members shall own property within the Karth Lake Improvement District. CITY OF ARDEN HILLS By: Beverly pliko ski, Mayor Dated the 29t" day of September, 2003. ATTEST: �AA ,I I Michelle Wolfe, Ci y Administrator I Attachment B KARTH LAKE IMPROVEMENT DISTRICT BYLAWS 1.0 Establishment of Board of Directors. The Karth Lake Improvement District was established pursuant to Order of the City Council dated the 29th day of September, 2003. 2.0 Composition of Board of Directors: The Karth Lake Improvement District Board of Directors shall consist of five members initially appointed by the Arden Hills City Council and thereafter elected by qualified voters and owners of property within the Karth Lake - Improvement District Board Members shall reside within the City of Arden Hills' A majority of the board members shall own property within the Karth Lake Improvement District: - - 3.0 Terrn`s.of Office. Board "members shall be elected for a term of three years. The`first appointed Board of Directors shall be composed of two members whose terms expire on the 31 s`'day-of December, 2004 two members whose terms expire on the 31 st day of December, 2005 ; and one member whose term expires on the 31 st day of December, 2006. Board members shall be elected at the annual meeting by"a majority of the votes cast. Voting shall be by secret ballot. Absentee ballots shall be received at the offices of " the Arden Hills City Administrator,-1245 west Highway 96, Arden Hills, MN, no later than 300 p.m: on the date of the annual meeting or such ballots shall be void. 4.0 Vacancies. In the case of a vacancy during the term of a Board member, a majority of the remaining Board members shall declare a vacancy and appoint a new member who shall serve until the next annual meeting of the Karth Lake mprovement District. A I vacancy shall exist if any office following events occur: A. Death of a Board member; B. Inability to perform the duties of a Board member; C. Failure of a Board member to attend at least eight (80%) percent of the meetings; or; D. Loss of City residency by a Board member or sale of qualifying property within the Karth Lake Improvement District. 5:0 Organization. Thet'Board of Directors shall annually elect one member to serve as; ch"airperson. The chairperson is "responsible for the agenda of the meetings, presiding at meetings, minutes of meetings, and reports and recommendations to the City Council. The Arden Hills Operations and Maintenance Department shall maintain all records of the Board. 6.0 ` Meetings and.Reports. The Board of Directors shall hold at least one annual meeting. The first annual meeting of the elected Board shall be held during the month of April and in each April thereafter unless changed by vote at an annual meeting. The Board shall adopt Rules of Procedure for business and shall keep a public record of all motions, resolutions, findings,minutes and reports which shall be in writing and a copy forwarded to the City Council. Attachment B 7.0 Duties and Functions. The Karth Lake Improvement District Board of Directors shall serve in an advisory capacity to the Arden Hills City Council and shall make recommendations to the City Council regarding the following: A. The construction and operation of water control structures as approved by the Commissioner of Natural Resources. B. The construction of projects to change the course, current or cross-section of the waters of Karth Lake. C. The acquisition of property, equipment or other facilities as necessary to improve the navigation of the waters of Karth Lake. D. The implementation of research projects to determine the condition and development of the waters of Karth Lake and the waters which enter Karth Lake. E. The development and implementation of a comprehensive plan to eliminate pollution of the waters of Karth Lake. F. The development and implementation of a comprehensive program to improve and conserve the waters of Karth Lake. G. The sources of funding for various projects proposed by the Board of Directors. II i H. An annual budget for the operation of the Karth Lake Improvement District. I. The maintenance of public beaches, docks, and other public facilities for access to the waters of Karth Lake. J. The adoption of water surface use regulations for Karth Lake: K. The amendment of Bylaws for the Karth Lake Improvement District. 8.0 Amendments. Amendments to the Bylaws for the Karth Lake Improvement District shall be approved by a majority of the City Council CITY OF ARDEN HILLS By: everly Aplik ski, Mayor Dated the 29t" day of September, 2003. ATTEST: Michelle Wolfe; Ci yAdministrato RECEIVED Affidavit Publication o NOV — 5 2003 CITY OF ARDEN HILLS State of Minnesota SS County of I-affmsey Keri Solseth ,, , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SHOREVIEWBULLETIN and has-full-knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed RESOLUTION NO. 03-60 which is attached was cut from the columns of said newspaper, and was printed and published once each TH week, for 1 successive weeks; it was first published on WED• , the 8 day of OCT. 20 03 and was thereafter printed and published on every to and including the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ r *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghij klmnopg rstuvwxyz TITLE ACCOUNTING'ASSOCIATE Subscribed and sworn to before me on TH this 8 day of OCT. 20 03 Notary Public *Alphabet should be in the same size and kind of type as the notice. N� �A 1�.WNITEHEAD NOTARYPusuC-MINNESOTA RATE INFORMATION ANy Mm,Expires Jan-21. (1) Lowest classified rate paid by commercial users for comparable space........................... ......... ......... .........$23.00 per col. inch (2) Maximum rate allowed by law for the above matter...........................................$18.62 per col. inch (3) Rate actually charged for the above matter.................................. ......... .........$ per col. inch 1/03 CITY OF ARDEN HILLS COUNTY OF RAMSEY established pursuant to Ord the City Council dated the 29th day of September, STATE OF MINNESOT, 2003. RESOLUTION NO.03-60 2.0 Composition of Board of t)irectors.The Karth Lake Improvement District Board RESOLUTION ESTABLISHING THE KARTH LAKE IMPROVEMENT DISTRICT of Directors shall consist of five members initially appointed by the Arden Hills City AND ADOPTING THE BOARD BYLAWS Council and thereafter elected by qualified voters and owners of property within the WHEREAS, pursuant 10 Minnesota Statutes 459.20 and Minnesota Statutes Karth Lake Improvement District.Board Members shall reside within the City of Arden 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 Improvement District;and Improvement District. 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. 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, structure for Karth Lake;and expire on the 31st day of December,2004;two members whose terms expire on the 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 Hills;and December,2006.Board members shall be elected at the annual meeting by a majority 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 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, 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 a Lake Improvement District with the purpose of constructing and maintaining a lake void. elevation control structure;and 4.0 Vacancies. In the case of a vacancy during the term of a Board member, a 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 District was held on the 29th day of September,2003. member who shall serve until the next annual meeting of the Karth Lake Improvement NOW,THEREFORE,BE IT RESOLVED by the Arden Hills City Council District.A vacancy shall exist if any office following events occur: 1. That Attachment A,the Order Establishing the Karth Lake Improvement District, A. Death of a Board member; is hereby approved and made a part hereof. B.Inability to perform the duties of a Board member; 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 approved and made a part hereof. meetings;or; 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 and made a part hereof. the Karth Lake Improvement District. Dated the 29th day of September,2003. 5.0 Organization.The Board of Directors shall annually elect one member to serve CITY OF ARDEN HILLS as chairperson. The chairperson is responsible for the agenda of the meetings, Beverly Aplikowski,Mayor presiding at meetings,minutes of meetings,and reports and recommendations to the ATTEST: City Council.The Arden Hills Operations and Maintenance Department Shall maintain Michelle Wolfe,City Administrator all records of the Board. 6.0 Meetings and Reports.The Board of Directors shall hold at least one annual Attachment A meeting.The first annual meeting of the elected Board shall be held during the month ORDER ESTABLISHING THE KARTH LAKE IMPROVEMENT DISTRICT of April and in each April thereafter unless changed by vote at an annual meeting.The 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 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 intent to establish the District and which directly or by incorporation of supporting data: forwarded to the City Council. 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 shall serve in an advisory capacity to the Arden Hills City Council and shall make practical with the natural hydrologic boundaries; B.Prescribed the water and related land resource management programs to be recommendationsA.The construction and operation of City Council regarding water tcontrwoo structures as approved by the undertaken within the District; C.Stated the manner in which proposed programs would be financed; Commissioner of Natural Resources. 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 supervising the programs;and the waters.of Karth Lake: 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 Improvement District. improve the navigation of the waters of Karth Lake. 2.0 WHEREAS, a public hearing, preceded by all notices required pursuant to D.The implementation of research projects to determine the condition 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. 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 whether the Karth Lake improvement District should be established;and pollution of the waters of Karth Lake. 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 Arden Hills City Council has determined: and conserve the waters of Karth Lake. 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. 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. 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 benefitted by the establishment of the Lake Improvement District;and access to the waters of Karth Lake. 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. to long range environmental pollution. K.The amendment of Bylaws for the Karth Lake Improvement District. 4.0 NOW,THEREFORE,the Arden Hills City Council hereby orders: 8.0 Amendments. Amendments to the Bylaws for the Karth Lake Improvement 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. Lake Improvement District". Dated the 29th day of September,2003. B.Boundaries.The boundaries of the Karth Lake Improvement District shall be as CITY OF ARDEN HILLS By:Beverly Aplikowski,Mayor described on Exhibit 1 attached hereto. Resource Management Programs. The water and related land resources ATTEST: aken shall include the following: Michelle Wolfe,City Administrator management programs and services to be undert 1. The construction and operation of a lake level control structure. 2. .A water quality monitoring program. D.Financing of Pro rams.The manner of financing such programs and services , shall initially consist of the levy of adroalorem taxes solely on property within the Lake Improvement District, but may also include the imposition of service charges, the LT� issuance of obligations as provided in Minnesota Statutes,Chapter 429.091, levy of EN HELLS special assessments pursuant to Minnesota Statutes 429,or a combination of any of the above. —" E.Board of Directors. The Board of Directors of the Karth Lake Improvement District shall be an advisory body to the Arden Hills City Council.The Board shall make recommendations regarding the implementation of programs,projects and services but shall not have the authority to enter into contracts or levy taxes. The Board shall consist of five members initially appointed by the Arden Hills Karth Lake City Council.The Board shall be appointed to staggered terms so that no more than improvement two Board Members'terms will expire at one time.After the appointment of the initial District Board, each Board Member shall serve a three year term subject to removal in the discretion of the City Council.Each Board Member shall reside within the City of Arden r Hills. A majority of the Board Members shall own property within the Karth Lake Improvement District. Dated the 29th day of September,2003. CRY OF ARDEN HILLS By:Beverly Aplikowski,Mayor RLIONFIL ' ATTEST: Michelle Wolfe,City Administrator _ _ __ _ e _ 600 0 600 1200 Feet Attachment B KARTH LAKE IMPROVEMENT DISTRICT BYLAWS 1.0 Establishment of Board of Directors.The Karth Lake Improvement District was (Bulletin:Oct.8,2003)