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ITEM 5.1 ProspectPointei CITY OF MA f9 IEf Request for City Council Action DEPARTMENT i Fo l ATI0 .....:........:...........................:.nnv....:.._...v..._....�....._......n...........v.._�_........v........................._...........n............_...................,...........................N......Nv......_., n . r.._......................._.__._....__n...._.._.................._......_._..............._....n............n......_...._...........___.._....._........................._........ oR�11AT11 DEPARTIEI1T: fE�UETOF:I3BETiIV DATE: Planning City Planner Licht 12 November 2013 PRE ENTER( : REVIEWED BY: ITEM : City Planner Licht City Administrator Johnson 5.1 ProspectPointe Assessment AGENDA ITEM DE All !Jg�ggg 11111211!21121 mm�7 .... ......... ........................... .............. .................. .. .... ....................... . . ..... 11 ............... ............... .... ................. ... ....................... ..... ..... .................. .................... ...... ... ......... ............ ... I ..... ................. .... .... .................. . .............. ..... .... ... ....... .. ......................... .......... .... ........ .. . . ..... ............ ................. ..... ....................... .. .. ... .... RECOMMENDATION: City staff recommends adoption of the special assessments for development related fees for ProspectPointe in accordance with the Development Agreement. ARE YOU SEEKING APPROVAL of A CONTRACT? IS A PUB LIC HEARING RE UIRED No. No. BAC oD DIJUBTIFI ATIoN: Mr. Thomas i oerwit dba ProspectPointe LCC) received final plat approval of ProspectPointe Addition consisting of 1.6 single family lots and two o tlots and entered into a development agreement with the City on 28 May 2013. The development agreement ent included a petition for assessment of certain fees due with the final plat be assessed and paid when the individual lots are closed upon bathe buyers. The fees include utility availability charges, part dedication, street light utilityfees and sign fees. The developer was able to relocate an existing street light rather than install a new fixture so the cost for street light maintenance is reduced b $125.00 per lot. The City Council agreed to the assessment in light of recent economic conditions and in consideration of this project being an infill development of less than 20 lots undertaken by a private individual who i personally financing the in -ground improvements. The terms of the assessment were to be seven years at 5.6% interest rate with the first payment ent due in 2014 or upon closing on the completed house. The assessment terms are consistent with Section -4- .D of the Cit} Code regarding special assessments. The City Attorney has drafted a resolution adopting the assessment which the developer agreed waive all process and appeal rights to as part of the development contract with the assessment roll attached as Exhibit A. The proposed assessment is $6,491..00 per lot and totals $103,856. The resolution must be adopted and forwarded to Wright Counter by 15 November 2013 so as to be included on payable 2014 property taxes. SUPPORTINGOOCUMENT : X ATTACHED ❑ NONE A. Resolution 2013-59 MOTION: (Please word motion as you would I Ike It to appear in the minutes) Motion to adopt Resolution 2013-59 adopting assessments for ProspectPointe Addition. BUDGET INFORMATION FUNDING: BUDGETED: o YES NA o NO ACTION TAKEN APPROVED AS REQUESTED UE TED u DENIED a TABLED o OTHER (Ust charges) COMMENTS: CITY of OTS GO COUNTY OF WRIGHT STATE of MINNESOTA RESOLUTION No. 2013- 59 RESOLUTION A OPTING ASSESSMENT- PROSPECTPOINTE ADDITION WHEREAS, pursuant to the Developers Agreement entered into between the City and the Developer and property owner, said Developer and propertye have agreed to waive all hearings, waive any irregularities in the proceedings, and waive any and all Frights of appeal relative to certain City fees and eosts which are normally due upon Final flat approval and which benefit the various properties, The fees include Sewer Availability Charge, Water Availability Charge, Park and Trail Dedication Fee, Street Light Maintenance Fee and Street Signs Fee for lots within the Flat of PROSPECTPOINTE ADDITION. The Plat is located within the City of Otsego, Wright County, Minnesota, NOW THEREFORE BE IT RESOLVED BY THE OTS Go CITY COUNCIL, COUNTY of WRIGHT, MINK S TA: 1. Such proposed assessments, a copy of which is attached hereto as Exhibit A and Ornade a path hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over period of seven years, the first of the 'Installments to be payable on or before the first Monday in January 2014,and shall bear interest at the rte of 5.6 percent per annum from the date of adoption of this .ssessment resolution. To the first installment shall be added interest on the entre assessment from the date of this resolution until December 31, 2013. To each subsequent installment when due shall be added interest for one year on all unpaid installments. . The owner of any property so assessed may, at any time prior; to certification 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 Treasurer, rer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, aid, with interest accrued to December 31 off'the year in which such payment is made. Such payment must be made before November 1or interest will be charged through D e cemb er 31 of the next succeeding year. Paitial. re -payment of the assessment may be jade pursuant to City Ordinance,, . The City Clerk shall follhwith transmit a certified duplicate of this assessment to the 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 taxes, ADOPTED by the Otsego City Council this 12th day of November, 2013 . INFAVOR: OTOS: ABSTAINING, G CITY OF OSLO Jessica Stocla, Mayor Tami Loff, City Clerk EXHIBIT A PFOSPETPOITE ADDITION ASSESSMENT ROLL PID Assessment 118-271.-001010 $6,491.00 118-271-001020 $6,491,09 118-271-001030 $6,491.00 1.18-271-001040 $6,.491.00 118-271-001050 $6,491.00 118-271.-001060 $6,491..00 118-271-091070 $6,491.00 118-271-001080 $0,491.00 118-271.-001.090 $6,?491.00 118-271.-001100 $6.1491.00 118-271-001.10 $6.,491.00 118-271-001120 $6,491.00 1.18-271.-001130 $6,0491.00 118-271-001140 $6,0491.00 118-271-001150 $6,491.00 118-271.-091160 $6,?491.00