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ITEM 3.4 Bury Industrial Park40 06ezTY F o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Administrator/Finance Director Flaherty October 22, 2018 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Attorney MacArthur 3.4 STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Bury Industrial Park. Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. No Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. There are two different components of the Bury Industrial Park that will be certified as special Is a social community with diverse housing, service options, and employment opportunities. Kadler Avenue & 73`d Street Improvements — In order to accommodate the development of the Bury Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending that the City Council approve the resolutions adopting the assessments for the Bury Industrial Park. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/J USTI FICATION: There are two different components of the Bury Industrial Park that will be certified as special assessments. Kadler Avenue & 73`d Street Improvements — In order to accommodate the development of the Bury Industrial Park and to accommodate the type and volume of traffic associated with industrial users, street improvements were necessary. Kadler Avenue, a gravel roadway is in process of being improved to an urban standard industrial design and 73rd Street will be constructed as the internal roadway within the industrial park. The developer petitioned for assessment of a portion of the improvements in an amount of $685,785.63. The assessments will begin to be payable in 2019, with a 15 -year amortization schedule and interest of 4.55%. Utility Availability & Connection Charges —As part of the negotiations, the City Council has allowed Bury Manufacturing, LLC to pay its water & sanitary sewer utility availability and connection charges as a special assessment. The water utility availability and connection charges total $93,603.50. The sanitary sewer utility availability and connection charges total $151,466.00. The grand total of the amount to be certified as a special assessment will be $245,069.50. The assessments will begin to be payable in 2019, with a 7 - year amortization schedule and interest of 4.10%. SUPPORTING DOCUMENTS ATTACHED: • Resolution 2018-65 • Exhibit A — Amortization Schedule • Resolution 2018-66 • Exhibit A — Amortization Schedule POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Two Separate Motions Needed Motion to approve Resolution 2018-65 adopting the assessment for improvements of Kadler Avenue and 73 d Street to Lot 1, Block 1 of Bury Industrial Park. Motion to approve Resolution 2018-66 adopting the assessment of sanitary sewer and water charges to Lot 1, Block 1 of Bury Industrial Park. RI lnrFT INFORMATION FUNDING: BUDGETED: Kadler Avenue & 73`d Street — Fund #438 Yes CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2018-65 ADOPTING ASSESSMENT FOR IMPROVEMENTS OF KADLER AVENUE AND 73RD STREET TO LOT 1, BLOCK 1, BURY INDUSTRIAL PARK WHEREAS, Bury Manufacturing, LLC is the Owner of the property legally identified as 118- 322-001010, Lot 1, Block 1, Bury Industrial Park; and WHEREAS, Bury Manufacturing, LLC as Owner, on behalf of itself, its heirs, successors, assigns and successors in title and pursuant to Minnesota Statute §429.031, Subdivision 3, has petitioned the City to construct the improvements; and WHEREAS, the City of Otsego has agreed to special assessments against the property; and WHEREAS, Bury Manufacturing, LLC as Owner, has previously waived any and all hearings, irregularities in procedure and any and all rights of appeal under Minnesota Statute §429.081, or any other statute or case law pursuant to Paragraph 32 of that document entitled Development Agreement Bury Industrial Park — Lot 1, Block 1, dated June 8, 2018 and recorded at the Wright County Recorder's Office on June 8, 2018 as Document No. Al371921. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. Such proposed assessment, attached hereto as Exhibit A and made a part hereof, are hereby accepted and shall constitute the special assesment against the properties named therein and that the tract of land therein included is hereby found to be benefited by the improvements in the amount of the assessment levied against it. 2. Such assessment for Kadler Avenue and 73rd Street Improvements against 118-322- 001010, Lot 1, Block 1, Bury Industrial Park in the principal amount of $685,785.63, shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January 2019, and shall bear interest at the rate of 4.55% percent per annum. Said interest will commence on January 1, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid assessments. 3. Such assessment for Kadler Avenue and 73rd Street Improvements against 118-322- 001010, Lot 1, Block 1, Bury Industrial Park is not eligible for prepayment. 4. The Finance Director shall forthwith transmit a certified copy of this assessment to the Wright County Auditor to be extended on the property tax lists of the County. Such assessments shall be paid over in the same manner as other City property taxes. ADOPTED by the Otsego City Council this 22nd day of October, 2018. ATTEST: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk MOTION made by Council Member and SECONDED by Council Member IN FAVOR: OPPOSED: EXHIBIT A City of Otsego Special Assessments - Amortization Schedule Kadler Avenue & 73rd Street Improvements Payment Year Assessed Principal Interest Total Balance 2018 685,785.63 - - - 685,785.63 2019 - 32,872.56 31,203.25 64,075.81 652,913.07 2020 - 34,368.26 29,707.54 64,075.81 618,544.81 2021 - 35,932.02 28,143.79 64,075.81 582,612.79 2022 - 37,566.92 26,508.88 64,075.81 545,045.87 2023 - 39,276.22 24,799.59 64,075.81 505,769.65 2024 - 41,063.29 23,012.52 64,075.81 464,706.37 2025 - 42,931.67 21,144.14 64,075.81 421,774.70 2026 - 44,885.06 19,190.75 64,075.81 376,889.64 2027 - 46,927.33 17,148.48 64,075.81 329,962.32 2028 - 49,062.52 15,013.29 64,075.81 280,899.80 2029 - 51,294.86 12,780.94 64,075.81 229,604.93 2030 - 53,628.78 10,447.02 64,075.81 175,976.15 2031 - 56,068.89 8,006.91 64,075.81 119,907.26 2032 - 58,620.02 5,455.78 64,075.81 61,287.24 2033 - 61,287.24 2,788.57 64,075.81 - Totals 685,785.63 275,351.45 961,137.08 Note - Interest Rate is 4.55% ESTIMATE ONLY CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2018-66 ADOPTING ASSESSMENT OF SANITARY SEWER AND WATER CHARGES TO LOT 1, BLOCK 1, BURY INDUSTRIAL PARK WHEREAS, Bury Manufacturing, LLC is the Owner of the property legally identified as 118- 322-001010, Lot 1, Block 1, Bury Industrial Park; and WHEREAS, Bury Manufacturing, LLC as Owner, has petitioned the City for assessments related to Sewer and Water Availability Charges; and WHEREAS, Bury Manufacturing, LLC as Owner, has petitioned the City for assessments related to Sewer and Water Connection Charges; and WHEREAS, the City of Otsego has agreed to special assessments against the property; and WHEREAS, Bury Manufacturing, LLC as Owner, has previously waived any and all hearings, irregularities in procedure and any and all rights of appeal under Minnesota Statute or any other right of appeal pursuant to Paragraph 32 of that document entitled Development Agreement Bury Industrial Park — Lot 1, Block 1, dated June 8, 2018 and recorded at the Wright County Recorder's Office on June 8, 2018 as Document No. A1371921. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. Such proposed assessment, attached hereto as Exhibit A and made a part hereof, are hereby accepted and shall constitute the special assesment against the properties named therein and that the tract of land therein included is hereby found to be benefited by the improvements in the amount of the assessment levied against it. 2. Such assessment for Sewer and Water Availability Charges and for Sewer and Water Connection Charges against 118-322-001010, Lot 1, Block 1, Bury Industrial Park in the principal amount of $245,069.50, shall be payable in equal annual installments extending over a period of seven (7) years, the first of the installments to be payable on or before the first Monday in January 2019, and shall bear interest at the rate of 4.10% percent per annum. Said interest will commence on January 1, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid assessments. The owner of any property so assessed may, at any time prior to certifications of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Otsego, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City of Otsego the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Finance Director shall forthwith transmit a certified copy of this assessment to the Wright County Auditor to be extended on the property tax lists of the County. Such assessments shall be paid over in the same manner as other City property taxes. ADOPTED by the Otsego City Council this 22nd day of October, 2018. ATTEST: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk MOTION made by Council Member and SECONDED by Council Member IN FAVOR: OPPOSED: EXHIBIT A City of Otsego Special Assessments - Amortization Schedule Water Availability & Connection Charges Payment Year Assessed Principal Interest Total Balance 2018 93,603.50 - - - 93,603.50 2019 - 11,815.18 3,837.74 15,652.93 81,788.32 2020 - 12,299.60 3,353.32 15,652.93 69,488.71 2021 - 12,803.89 2,849.04 15,652.93 56,684.83 2022 - 13,328.85 2,324.08 15,652.93 43,355.98 2023 - 13,875.33 1,777.60 15,652.93 29,480.65 2024 - 14,444.22 1,208.71 15,652.93 15,036.43 2025 - 15,036.43 616.49 15,652.93 (0.00) Totals 93,603.50 15,966.98 109,570.48 2018 151,466.00 - - - 151,466.00 2019 - 19,118.92 6,210.11 25,329.03 132,347.08 2020 - 19,902.80 5,426.23 25,329.03 112,444.27 2021 - 20,718.82 4,610.22 25,329.03 91,725.46 2022 - 21,568.29 3,760.74 25,329.03 70,157.17 2023 - 22,452.59 2,876.44 25,329.03 47,704.58 2024 - 23,373.14 1,955.89 25,329.03 24,331.44 2025 - 24,331.44 997.59 25,329.03 - Totals 151,466.00 25,837.22 177,303.22 Note - Interest Rate is 4.10% ESTIMATE ONLY