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<br />Mr. Bartley atated that if it ia Counci1'a intention to maintain parody and <br />Council aeea needa in both diatricta. thoae improvement a can be achedu1ed in a <br />vay that vil1 ..intain parody. <br /> <br />Mayor Heitman inquired that if a two taxing diatrict ayatem is eatab1iahed. can <br />it be required that any improvement a require a unanimous vote of Council rather <br />than 4/5. Mayor Heitman atated that the Charter intended to put the power back <br />in the hand a of the people and he feara that the taxing district ayatem puta <br />the power back in the hands of Council. <br /> <br />Mr. Goodrich stated that if Baaaey uses State atatute to aet up stora sever <br />taxing districta. that atatute must be followed preciae1y and it does not <br />perait for any petitioning process as the City'a charter doea for special <br />asaeaament projecta. <br /> <br />Mayor Heitman quoted the following from Minneaota Statutes Annotated Section <br />444.17 (Botes of Decisious): 'Where city as a vho1e vas generally benefited by <br />a atora sever. there vou1d be no statutory prohibition to the inclusion of the <br />entire municipality vithin the boundaries of a aingle atora aever improvement <br />tax diatrict.' Mayor Heitman stated that this aays you can do stora sever <br />improvements vith the city as a vho1e; that conflicts vith bond counsel's <br />opinion. <br /> <br />Mr. Goodrich stated that this language is sayiug that benefit does not have to <br />be ahovn vith stora sever improvements in order to collect the tax; in the <br />particular case this language is referring to. the city vas Montivideo and that <br />is a amal1 city vith one drainage flow pattern. <br /> <br />Mayor Heitman noted that the Industrial area vou1d be included in the one of <br />the two districts; Council has taken the stand to encourage development in that <br />area; economic growth in that area vi11 be stimulated by improveaents; are the <br />residenta in this saae diatrict going to be subsidizing the City's economic <br />development! <br /> <br />Mr. Hartley stated that improvement a in the industrial area vi1l favorably <br />affect all properties in the taxing district. <br /> <br />Mayor Heitman noted that the only way a citizen can oppose and force a <br />referendua on any particular stora sewer project with the taxing district <br />system vou1d be to aubmit a petition signed by 10% of the registered voters at <br />the last city wide election; this is putting the power in the hands of the <br />minority. <br /> <br /> <br />Mr. Bartley stated that there is another feature of the charter that Council <br />can choose to ezerciae. i.e.. if a substantial number of people approach <br />Council and expresa opposition to a project. Council can order a special <br />adviaory election vhich vill provide the entire city electorate an opportunity <br />to vote on the queation. <br /> <br />Counci1aember Cox atated that another option is to have developers install <br />stora sever syateaa as was the caae in River's bend; there vould be no burden <br />put on reaidenta but the pipe would be aized to take ~are of drainage in that <br />particular development only. <br /> <br />April 29. 1986 <br />Page 10 of 13 <br /> <br />