Loading...
072595 CC SP Min ~ 'J- ~ CITY OF SHOREWOOD SPECIAL CITY COUNCIL MEETING TUESDA Y, JULY 25, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:35 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Malam, McCarty, and Stover; Administrator Hurm, City Attorney Keane, Finance Director Rolek, and City Engineer Dresel. Councilmember Benson arrived at 7 :40 p.m. B. Review Agenda McCarty moved, Malam seconded to approve the agenda for July 25, 1995 as presented. Motion passed 4/0. 2. CONTINUATION OF PUBLIC IMPROVEMENT HEARING & ASSESSMENT HEARING FOR THE W A TERMAIN PROJECT . EMPHASIS ON SMITHTOWN ROAD . A. Consider Ordering Improvements and Preparation of Plans and Specifications Mayor Bean continued the Public Hearing at 7:34 p.m. Mayor Bean briefly explained the procedure for a Public Hearing. He indicated there would be a short presentation by staff members, questions by Council and public testimony. He noted anyone wishing to address the Council should identify themselves for the record. Mayor Bean indicated the proposed project relates to the west end of the City and has been an issue for a number of years. He noted during the Comprehensive Plan amendment process, the water system improvements were identified. *Councilmember Benson arrived at 7:40 p.m. Mayor Bean indicated the improvements would provide water pressure for current residents and for future developments. Mayor Bean indicated a Water Assessment Task Force, consisting of Councilmembers, four citizens, the City Engineer, and the Finance Director had been created to establish the fairest assessment procedure. City Engineer Dresel reported the proposed project, explaining the design and location of the watermain. He indicated the southeast portion of the City already is complete with a water tower serving 35% of the community, plus there is other areas where water is available, but hook up is . not complete. . . . MINUTES OF CITY COUNCIL SPECIAL MEETING July 25, 1995 . PAGE 2 C~ty ~ngineer Dr~sel reported ther~ were a number of options which were reviewed. The major cntena of the project are: 1) to build a water tower on the west end of the City; 2) to connect Badger Field, creating a viable system; and 3) to connect Amesbury. He indicated this would create two viable systems. City Engineer Dresel reported the project will be phased in accordance with the Comprehensive Plan. City Engineer Dresel explained the design of the proposed project and the location of the pipes. He noted the piping would run along ditches with priorities being to stay within public property, away from damaging trees and out of the roadway. City Engineer Dresel reported there would be a curb box at each property and the resident would be responsible for the cost of hook up to the curb box from their homes. He noted the cost would be approximately $8 to $12 per foot, depending on the plumber and location of the home. City Engineer Dresel reported the assessment to each home affected would be $5,000. An unidentified resident questioned the height of the water tower. City Engineer Dresel indicated the height would be from 180 feet to 190 feet. Finance Director Rolek reported the estimated project cost is $1,700,000, of that $1,200,000 will be paid by assessments and the remaining $500,000 will be paid by future hook up fees and usage charges. Finance Director Rolek reported each resident will be assessed $5,000 and new developments will be assessed $5,000 plus a $5,000 trunk charge. He indicated the assessment is payable over 15 years at aninterest rate of 7%, this would mean a payment of $550 per year. He explained the first payment would be slightly higher to include prepaid interest. Finance Director Rolek explained some payment options available for residents: 1) a resident could pay the assessment within 30 days of the adoption of the assessment roll and pay no interest; 2) prepay the balance at anytime, saving any remaining interest; and 3) he noted there is no present policy for prepayment of a portion of the balance, but the City has the opportunity to be flexible. Administrator Hurm indicated there were two Public Hearings being conducted, the first is a Public Hearing regarding the improvements and the second is regarding the special assessments. He noted residents may ask questions in reference to either item. Mayor Bean explained the assessment must be based on the value attributed to the property because of the improvement. He noted the City retained an appraiser to review and compare the fairness of the assessment. A report is available for residents to review. Mayor Bean indicated there was affirmation as to the fairness of the assessment in regard to the increase in value to homes benefiting from the improvements. Ms. Jeanette June, 25930 Wild Rose Lane, asked if residents would be required to connect to the City water system at the point the water line is put in. Mayor Bean indicated the Council is still discussing the time frame in which residents will be required to connect to City water. Mayor Bean indicated it is not the intent of the Council to force residents to abandon their wells. He indicated the residents could still maintain their wells, but the two systems could not be interconnected. . . . MINUTES OF CITY COUNCIL SPECIAL MEETING July 25, 1995 - PAGE 3 Administrator Hurm also commented the requirement to hook up to City water will also depend upon the financing of the system. He indicated perhaps the Council could give a year notice as to when the resident would be required to connect. Mayor Bean indicated there is no formal resolution indicating a required time for residents to connect to City water. Mr. Pete Holmberg, 5955 Cajed Lane, indicated he currently has City water available, but is not connected, and has not been assessed. Councilmember Stover clarified, in the past when the City water system was put in residents were not assessed until they connected to the system, this policy has changed for this assessment. She noted those residents in Mr. Homberg's area still will be assessed at the time of connection. Mayor Bean closed the Public Hearing at 8: 11 p.m. Mayor Bean indicated if the assessment roll is adopted, the first installment would be due in 1996. If the Council does not adopt the assessment roll until after November 30, 1995, the first installment would not be due until 1997. He noted if the payment is made in 1997, the resident still would be responsible for the interest from 1996, making the payment nearly double. Councilmember Stover inquired if the Council could approve the improvements without adopting the assessment roll. City Attorney Keane indicated that was possible. Councilmember Stover indicated she is not a proponent for City water, but does see the necessity for water pressure for fire fighting. She does not feel residents should be forced to connect to City water until their wells fail or they choose to connect. Mayor Bean indicated the assessments alone will not cover all the costs of the improvements and future charges and fees will be needed to support the cost. Mayor Bean pointed out many residents have indicated even with new wells water quality is not as high as with City water and they wish to connect. Councilmember Benson indicated from his view point he sees the necessity for City water. He noted through his travels he has noticed virtually every city in the United States has City water. He noted through research and polling, the citizens he has spoken with have had more positive responses to City water than negative. Councilmember McCarty felt the City water system is necessary for addressing safety issues. Councilmember Malam indicated he has been in favor of the City water system since the beginning and feels the City needs to take a progressive approach. Councilmember Malam inquired if there could be a partial prepayment or reduction to the balance made at anytime of the 15 years. Finance Director Rolek indicated State Statute allows for prepayment of the balance, but does not indicate partial prepayment. He did note he believed there could be flexibility on this issue, but would have to review different options. City Attorney Keane reviewed the State Statute and indicated the City, through an ordinance, may establish a flexibility in payment. This ordinance must be in place before certification. City Attorney Keane noted the City forwards to the County Auditor the amount of the assessment for each year, so prepayments could be made, but would need to be outlined in the ordinance. . , . . . MINUTES OF CITY COUNCIL SPECIAL MEETING July 25, 1995 - PAGE 4 Mary Pearson, 25730 Smithtown Road, inquired if the safety issue is the main reason for the City water system. Mayor Bean indicated the safety issue is a major reason, but there are also issues regarding new development, the elementary school, senior housing projects and census projections that affect the decision to construct the City water system. Councilmember Stover also commented, the Council felt it prudent to construct the water system now when funds from developments would be available. Councilmember Benson indicated it is time for the City to move forward and many residents are in favor of the project. He also added it is better for the City to do the project now, before the State requires the improvement. Ms. Pearson inquired as to how many Councilmembers will be affected by the improvements. The Council indicated three of the five members will be affected, Mayor Bean, Councilmember Benson and Councilmember Stover. Ms. Kristy Williams, 6175 Strawberry Lane, indicated she is a new homeowner, she inquired if the improvements were already a done deal. She felt the comments of the residents had fallen on deaf ears. Councilmember McCarty explained the background for the project. She noted the project came from the updating of the Comprehensive Plan, there were many informational meetings, open houses, news releases, a video was made for cable television, a citizen task force, and formal Public Hearings regarding this issue. She indicated the Council has tried very hard to gain as much information from the residents as possible and feel they have obtained a sense of the citizens' desires. Councilmember Stover also explained, even though she thought it strange, in order to hold a Public Hearing a document must be available to comment on. It may appear as though the project is already approved and done, but the Council still may vote to deny the project based on public comments or new information. Councilmember Benson indicated this very issue was raised 20 years ago and was voted down by the Council. He noted he has polled residents for the last six months and has received more positive replies than negative. He also noted the long process which brought the Council to this point. He indicated the issue was raised again three years ago and also voted down. Councilrnember McCarty noted at the previous Public Hearing, held on Monday July 24, 1995, residents left early, she wished they would have stayed. Councilmember Benson noted those in opposition at the Public Hearing held the previous night numbered about five or six, and of those two or three were developers not residents. Councilmember Benson indicated he hopes the residents feel as though the Council is hearing their desires. Councilrnember Malam noted that 70%-75% of the people the Council has spoken with want the City water system and the Council goes by the comments they hear. Ms. Pearson indicated she was amazed at how much power the Council has over her income. She perceives the Council as not hearing the residents. . . . MINUTES OF CITY COUNCIL SPECIAL MEETING July 25, 1995 - PAGE 5 Mayor Bean noted various assessment procedures were reviewed, such as going by linear footage. The Council felt this would encourage development and encourage residents to subdivide. The Council felt assessing each benefitting property the same would be the fairest procedure. Mr. Dan Hayes, 5830 Strawberry Lane, indicated he only received notice in the mail and felt more notice should have been given. Councilmember McCarty indicated although the Council has put notices in the Sailor and various other special notices, sometimes reporters do not report what the Council would like them to, or even attend the regular Council meetings. Mr. Hayes inquired why the residents couldn't vote on the issue, similar to a school district referendum. City Attorney Keane indicated special assessments can be attributed only to those properties benefitting the improvement. Therefore the assessment could not be spread City wide. He indicated a referendum would not be an appropriate vehicle by which to assess a public improvement. Councilmember Stover commented councilmembers have researched at length this issue and have been extremely conscientious. She noted at times people are apathetic until they realize an issue directly affects them. Councilmember McCarty indicated the Council tries hard to notify residents of issues, discussions continue as how to improve notification. Mayor Bean indicated there are two resolutions before the Council for action. McCarty moved, Malam seconded to adopt RESOLUTION #95-63 a Resolution Ordering Improvements and Preparation of Plans and Specifications. Motion passed 4/1 with Councilmember Stover opposed. B. Consideration of a Motion to Adopt a Resolution Adopting Assessment (Att.-#2B Proposed Resolution) Administrator Hurm read changes to the assessment roll: Page one: pm 32-117-23 14 0044/48, Tony Eiden Co., the trunk charges will be removed. Page two~ pm 33-117-23 120032 Mark Sawyer, the total assessment will be reduced to $6,250 pm 33-117-23 13 0012, Thomas Sims; $30,000 assessment will be deferred until development occurs, total assessment will be $7,500. Page three: pm 32-117-23 140040, Brian Ohland; trunk charges removed. pm 32-117-23 14 0041, Clint Carlson; trunk charges removed. pm 32-117-23 23 0001, 32-117-23 24 0011, Lundgren Brothers, total assessments and trunk charges removed until development occurs. Page four: PID 32-117-23 31 0026, Daniel Hayes, total assessments removed. .. '. ".' . . . MINUTES OF CITY COUNCIL SPECIAL MEETING July 25, 1995 . PAGE 6 City Administrator Hurm noted he has received a letter from Maud Wadworth. City Administrator Hurm noted the blanks in Resolution 95-64 as: 1996, 7%, and 1996. Benson moved, Malam seconded to adopt RESOLUTION #95-64 "A Resolution Adopting Assessment in the Matter of Boulder Bridge and Badger Field Water System Improvements". Motion passed 4/1 with Councilmember Stover opposed. Benson moved, McCarty seconded to direct staff to draft an Ordinance regarding partial prepayments of assessment, and to have Ordinance in place by time 0 f assessment certification. Motion passed 5/0. Benson moved, Malam seconded to adjourn the City Council meeting at 9:17 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Ruth A. McLaurin Recording Secretary TimeSaver Off Site Secretarial ATTEST: (-, , \ '" ./ j) .-lL~ "jc) \ '--...." V~'-"i 'Fj 'J..~'vl-- ROBERT B. BEAN, MAYOR .~ C f~F\;W\ JA S C. HURM, CITY ADMINISTRATOR