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April 22, 2014 Page 6 ofl2 <br />Mayor Jacobsen questioned if the City were to change its participation rate if the other taxing <br />districts would make the same request. City Attorney LeFevere stated the difference with this <br />district was that the City owned property surrounding this pond. <br />Councilmember Bauman suggested the aeration or fountain unit hold off until the pond has <br />been dredged. Senior Engineering Supervisor Schlichting reported the aeration unit would be <br />mobile and would have to be removed on a yearly basis during the winter months . <br />Richard Norris, 3080 Linden Drive, commented he could not see the pond from h is home, but <br />understood the pond collectively improved the value of his home. He stated the pond was a <br />public hazard in its current condition and requested the City improve the water quality. <br />Councilmember Burg understood that the pond needed improvements but recommended the <br />residents work with the City on the timing. <br />Mayor Jacobsen believed this was a tough matter, given the broad area that was draining into <br />this pond. City Attorney LeFevere discussed at length the difference between a special <br />assessment and a special assessment taxing district with the Council. <br />Mayor Jacobsen questioned what recommendation the City Attorney would make to the City <br />Council on the proposed Innsbruck Pond Taxation District. City Attorney LeFevere stated the <br />neighborhood was interested in the creation of a taxation district. However, the boundaries of <br />tllls district were a concern. He recommended the Council provide staff with direction on how <br />to proceed with the maintenance and creation of this taxing district. <br />Mayor Jacobsen suggested the taxing district area be broadened to include all of the properties <br />contributing to the pond. By increasing the size of the taxing district, the expense to each <br />property owner would be considerably reduced. <br />Councilmember Burg agreed that the taxing district area should be increased. She also <br />recommended the pond be chemically treated in 2014. <br />Mr. Ryan believed that the City should assume a larger portion of the maintenance expense <br />given the fact a City park and trail abutted the pond. <br />Councilmember Bauman reported the City was willing to contribute to the maintenance <br />expense. She suggested the maintenance rate be increased, over the 25% to take into account <br />the percentage of park land that abutted the pond. <br />City Manager Lotter stated the request before the Council had been generated by a citizen to <br />improve the pond. He explained that the proposed taxing district may be smaller than it should <br />be and that potentially four more properties should be included. He suggested the Council <br />direct the neighborhood to redo the petition to include these properties. <br />Mr. Midiko recommended the City determine which properties directly benefited by the <br />improvements, rather than the homeowners. City Attorney LeFevere advised that the petition <br />was not a legal requirement, but showed that the neighborhood had buy in on the project. He <br />explained another possibility would be to direct staff to create the boundaries and call for a <br />public hearing. This would ensure that all benefiting properties had a right to speak on the <br />matter. <br />Motion by Councilmember Burg, seconded by Councilmember Jacobsen to close the <br />Public Hearing. <br />5 Ayes, 0 Nays -Motion Carried <br />The Public Hearing was closed at 8:06 p.m. <br />Motion by Councilmember Jacobsen, seconded by Councilmember Burg to direct staff to redraw the <br />boundaries for the Innsbruck Pond Taxation District and order a public hearing for a future Council <br />meeting.