05/09/2005 Council Packet - Laserfiche WebLink

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• • the City Charter provides that an improvement may be instituted by a petition of at least twenty -five percent in number of the benefited property owners together with a resolution adopted by an affirmative vote of the majority of all the council (3/5 vote). 47 signatures have been verified with Anoka County property owner records, which represents 65 percent of the benefited property owners. Comprehensive Plan & Zoning Implications The proposed extension of sanitary sewer and water into the West Shadow Lake Drive area does create conflicts with the City's existing Comprehensive Plan. The plan currently guides the area as Low Density, Unsewered Residential. The council should be aware that a Comprehensive Plan Amendment will be required to service the area with municipal sanitary sewer and water. Additionally, portions of the project area will require the allocation of MUSA. It should also be noted that the project area is currently zoned Rural. Staff anticipates that a comprehensive plan amendment and extension of public utilities to the area will generate requests for rezoning to a sewered residential district (R -1, R -1X etc.) to allow for resubdivision of individual parcels. The potential for resubdivision will be a large factor in determining proposed individual lot assessments. The Growth Management Ordinance also creates some uncertainty as to when property owners could subdivide their property. This may also impact the City's ability to specially assess large Tots on the basis for future development potential. This issue will require further review by the City Attorney. Funding The feasibility study is proposed to be funded, on an interim basis, from the City's Trunk Utility Area and Unit Fund. If the project is accepted by the benefiting property owners and approved by the voters these costs will be recovered through assessments and voter approved tax levy. In the event that the project is not approved, the City will not be able to recover these costs. The council should be aware that the trunk utility fund cannot continue to absorb these engineering costs without a dedicated repayment source. Staff has previously suggested that future feasibility studies will need to be funded from the general fund to avoid the potential for deficit project funds. Questions were raised regarding conformity to City Charter requirements. The City Attorney has provided a written opinion confirming the City's ability to use general funds for the cost of feasibility studies. RECOMMENDATION The improvement of West Shadow Lake Drive, Sandpiper Drive and Shadow Court has been discussed by the City and property owners for several years. From an infrastructure standpoint, regardless of the outcome of this process, improvements to