05/04/2005 Council Minutes - Laserfiche WebLink

Home Search

CITY COUNCIL WORK SESSION MAY 4, 2005 APPROVED • 1 Community Development Director Grochala advised on April 25, 2005 the Council 2 received a petition from property owners along West Shadow Lake Drive requesting that 3 the Council order the feasibility study. A revised petition was submitted to the City on 4 April 29, 2005 with 52 signatures. Section 8.04 of the City Charter provides that an 5 improvement may be instituted by a petition of at least twenty-five percent in number of 6 the benefited property owners together with a resolution adopted by an affirmative vote 7 of the majority of all the Council (3/5 vote). Forty-seven signatures have been verified 8 with Anoka County property owner records, which represent 62 percent of the benefited 9 property owners. 10 11 Community Development Director Grochala stated the City and property owners have 12 discussed the improvement of West Shadow Lake Drive, Sandpiper Drive and Shadow 13 Court for several years. From an infrastructure standpoint, regardless of the outcome of 14 this process, improvements to this road will be necessary. In addition to the poor road 15 condition, the area has a need for an improved stormwater conveyance system. Problems 16 also exist regarding existing on-site sewage treatment systems. Given the proximity to 17 Reshanau Lake, it is in the best interest of the City to further evaluate improvements to 18 this area. 19 20 Community Development Director Grochala stated that based upon the petition received, 21 there also appears to be significant interest from adjacent property owners to, at a 22 minimum, provide answers to the feasibility of improvements in this area and reduce the 23 growing uncertainty of project timing, cost and scope. • 24 25 Community Development Director Grochala noted issues regarding the Comprehensive 26 Plan would need to be addressed if the project goes forward with sewer and water. 27 However, these issues are not substantially different from those addressed with the 28 Comprehensive Plan amendments approved for Elm Street, Marshan Lane, and Lois Lane 29 for similar sewer and water projects. 30 31 Community Development Director Grochala advised the feasibility study is proposed to 32 be funded, on an interim basis, from the City's Trunk Utility Area and Unit Fund. If the 33 project is accepted by the benefiting property owners and approved by the voters, these 34 costs would be recovered through assessments and voter -approved tax levy. In the event 35 that the project is not approved, the City would not be able to recover these costs. The 36 Council should be aware that the trunk utility fund cannot continue to absorb these 37 engineering costs without a dedicated repayment source. 38 39 Community Development Director Grochala stated staff has previously suggested that 40 future feasibility studies would need to be funded from the general fund to avoid the 41 potential for deficit project funds. Questions were raised regarding conformity to City 42 Charter requirements. The City Attorney has provided a written opinion confirming the 43 City's ability to use general funds for the cost of feasibility studies. 44 45 Community Development Director Grochala advised staff is recommending approval of 46 Resolution No. 05 — 62, Declaring Adequacy of Petition and Ordering Preparation of • 47 Report, West Shadow Lake Drive Area and Utility Improvements. 48