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ITEM 3.4B Sidewalk and apron improvements0 eF Ot�co MINN9SOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Administrator/Finance Director Flaherty October 26, 2020 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Attorney Kendall 3.4 (B) STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. 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 a resolution adopting the assessments for sidewalk and driveway apron improvements. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: In the fall of 2019, City staff inspected the sidewalks and driveway aprons within the Otsego Waterfront subdivision along Quaday Avenue. Staff identified several sections of sidewalks and driveway aprons in need of repairs and replacement. After collaborating with a number of the property owners, it was determined the best and most financially beneficial option was for the City to contract for the completion of the work. In order to do so, the City required payment in full from the property owner, or, a signed petition and waiver from the property owner. The project included 6 property owners, with four choosing to pay for the project in full. The remaining two properties chose the assessment path, and provided the necessary signed waivers to any and all hearings, irregularities in procedure, and any and all rights to object said assessments, including but not limited to any right of appeal under Minnesota Statute §429.081, any other statute or case law. The two properties that will be assessed for the project include: - Denny's: $816.75 - Holiday Inn: $6,710.50 The grand total of the amount to be certified as a special assessment will be $7,527.25. The assessments will begin to be payable in 2021, with a 2-year amortization schedule and interest of 3.30%. SUPPORTING DOCUMENTS ATTACHED: • Resolution 2020-71 • Resolution 2020-72 • Exhibit A — Estimated Amortization Schedule POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve Resolution 2020-71 and 2020-72 adopting the assessment of sidewalk and driveway apron improvements. BUDGET INFORMATION FUNDING: BUDGETED: N/A CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2020-71 ADOPTING ASSESSMENT OF SIDEWALK AND DRIVEWAY APRON IMPROVEMENTS WHEREAS, T&L Land Company, LLC, a Minnesota limited liability company, is the Owner of the property legally described as, Lot 1, Block 2, Otsego Waterfront 3rd Addition according to the Plat on file and of record with the Office of the County Recorder, Wright County, Minnesota [PID 118-173-002010]; WHEREAS, Owner, has petitioned the City for assessments for repair and replacement of certain sections of sidewalk located within City right of way and easement upon the described property; and WHEREAS, the City of Otsego and Owner have agreed to proceed with such repair and replacement and to the special assessments against the property; and WHEREAS, 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. 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 property 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. Such assessment for Sidewalk and Driveway Apron Improvements against [PID 118-173-002010], Lot 1, Block 2, Otsego Waterfront 3rd Addition in the principal amount of $816.75 shall be payable in equal annual installments extending over a period of two (2) years, the first of the installments to be payable on or before the first Monday in January 2021, and shall bear interest at the rate of 3.30% percent per annum from the date of adoption of this resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2021. 3. 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 81 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 26th day of October, 2020. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Bethany Benting, Deputy City Clerk EXHIBIT A City of Otsego Special Assessments - Estimated Amortization Schedule Assessment - Sidewalk and Driveway Aprons Denny's 118-173-002010 Interst Payment Principal Year Assessed Accrual Principal Interest Total Balance 2020 816.75 4.87 - - - 816.75 2021 - - 408.38 31.82 440.20 408.37 2022 - - 408.37 13.48 421.85 - Totals 816.75 45.30 862.05 City of Otsego Special Assessments - Estimated Amortization Schedule Assessment - Sidewalk and Driveway Aprons Holiday Inn 118-186-001010 Interst Payment Principal Year Assessed Accrual Principal Interest Total Balance 2020 6,710.50 40.04 - - - 6,710.50 2021 - - 3,355.25 261.49 3,616.74 3,355.25 2022 - - 3,355.25 110.72 3,465.97 - Totals 6,710.50 372.21 7,082.71 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2020-72 ADOPTING ASSESSMENT OF SIDEWALK AND DRIVEWAY APRON IMPROVEMENTS WHEREAS, Elk Inn Partners LP, a Texas limited partnership, is the Owner of the property legally described as Lot 1, Block 1, Otsego Waterfront 4th Addition, according to the Plat on file and of record with the Office of the County Recorder, Wright County, Minnesota [PID 118-186-001010]; and WHEREAS, Owner, has petitioned the City for assessments for repair and replacement of certain sections of sidewalk located within City right of way and easement upon the described property; and WHEREAS, the City of Otsego and Owner have agreed to proceed with such repair and replacement and to the special assessments against the property; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: Such proposed assessment, attached hereto as Exhibit A and made a part hereof, are hereby accepted and shall constitute the special assesment against the property 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 Sidewalk and Driveway Apron Improvements against [PID 118-186-001010], Lot 1, Block 1, Otsego Waterfront 4th Addition in the principal amount of $6,710.50 shall be payable in equal annual installments extending over a period of two (2) years, the first of the installments to be payable on or before the first Monday in January 2021, and shall bear interest at the rate of 3.30% percent per annum from the date of adoption of this resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2021. 3. 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 26th day of October, 2020. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Bethany Benting, Deputy City Clerk EXHIBIT A City of Otsego Special Assessments - Estimated Amortization Schedule Assessment - Sidewalk and Driveway Aprons Denny's 118-173-002010 Interst Year Assessed Accrual 2020 816.75 4.87 2021 - - 2022 - - Totals Payment Principal Interest Total Principal Balance - - - 816.75 408.38 31.82 440.20 408.37 408.37 13.48 421.85 - 816.75 45.30 862.05 City of Otsego Special Assessments - Estimated Amortization Schedule Assessment - Sidewalk and Driveway Aprons Holiday Inn 118-186-001010 Interst Payment Principal Year Assessed Accrual Principal Interest Total Balance 2020 6,710.50 40.04 - - - 6,710.50 2021 - - 3,355.25 261.49 3,616.74 3,355.25 2022 - - 3,355.25 110.72 3,465.97 - Totals 6,710.50 372.21 7,082.71