ITEM 3.7 Release Development Agreements4 Ad,
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OtsceP o
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING BATE:
Legal
City Attorney MacArthur
December 9, 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
3.7
STRATEGIC VISION
MEETS:
THE (CITY OF OTSEGO:
X
Is a strong organization that is committed to leading the community through innovative
communication.
No
Has proactively expanded infrastructure to responsibly provide core services.
BACKGROUND/J USTI FI CATI O N :
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
receives requests that these documents be released by the City since they are recorded against title to the
Is a social community with diverse housing, service options, and employment opportunities.
takes only a short staff review to determine whether or not the agreement can be released or partially
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
That the City Council approve a resolution authorizing City staff to release development agreements.
ARE YOU SEEKING' APPROVALOF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?:'
No
No
BACKGROUND/J USTI FI CATI O N :
The City has approved numerous developer agreements over the years. From time to time, City staff
receives requests that these documents be released by the City since they are recorded against title to the
development property. Often these requests are made upon short notice as a closing issue. In most cases it
takes only a short staff review to determine whether or not the agreement can be released or partially
released. City staff has historically brought these releases to the City Council which often delays closings.
City staff believes that it is more practical and efficient for the City Council to authorize the City
Administrator to release these agreements after adequate consultation with the City Attorney and other
City staff as necessary. This would be similar to the current policy where letters of credit are released at the
staff level.
SUPPORTING DOCUMENTS ATTACHED:
0 Resolution 2019-80
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2019-80 authorizing staff release of developer agreements.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A N/A
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2019-80
AUTHORIZING STAFF RELEASE OF DEVELOPER AGREEMENTS
WHEREAS, the City regularly enters into Developer Agreements with entities
developing property within the City; and
WHEREAS, the Developer Agreements contain terms and conditions of approval,
conditions for construction of public improvements, payment of City costs and
fees and escrow and security; and
WHEREAS, the Developer Agreements contain a provision for release of the
Agreement upon satisfactory completion of all requirements and applicable
warranty periods; and
WHEREAS, City staff have been frequently contacted by Developers requesting
that the City release thein from the Agreements; and
WHEREAS, upon such request, City staff have reviewed the status of the
Agreement and have brought the Agreement release to the City Council for
consideration of the release; and
WHEREAS, many times these requests are done in conjunction with a closing,
which may be adversely affected by the time required to bring the issue to the City
Council; and
WHEREAS, the determination as to whether or not the agreement should be
released can be made in short order by City staff.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Otsego, Wright County, Minnesota as follows;
1. The City Council herby authorizes the City Administrator, in consultation
with City staff, to determine whether or not a particular Developer
Agreement should be released without City Council action.
2. Upon a City staff determination that City Council review is not necessary,
the City Administrator is hereby authorized to execute the Release of
Developer Agreement on behalf of the City of Otsego.
ADOPTED this 9th day of December, 2019 by the City Council of Otsego.
MOTION TO ADOPT the Resolution by Council Member
and seconded by Council Member
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
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