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10-22-07 PH COURI, MACARTHUR & RUPPE, P.L.L.P. Michael C. Couri. Attorneys at Law Kristen H. Carr Andrew J. MacArthur 705 Central Avenue East Kyle R. Hartnett Robert T. Ruppe•• PO Box 369 St. Michael, MN 55376 -0369 ".41so licensed in Illinois (763) 497 -1930 * "Also licensed in Ca ( Omni (763) 497 -2599 (FAX) courimacarthur@earthlink.net October 18, 2007 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Grenins Mississippi Hills Assessment Dear Council Members: The City has proposed and John Oliver & Associates have agreed to a payment schedule for a portion of the proposed assessment for sanitary sewer improvements to lots within Grenins Mississippi Hills First and Second Addition and Vintage Golf Course. The affect of this payment and City contribution, as well as Hakanson Anderson's reduction in project costs and the granting of easements by Bulow, Inc. will make it possible to reduce the assessment for those property owners with failing systems to no primary assessment. All property owners have been noticed for the full assessment amount. It is up to the City Council to approve any reduction. The property owners who may be due consideration for reduction have been sent a release form, releasing the City and any contributing entity from any claim for the failed septic systems. The letter transmitting the release indicated that I would advise the Council not to reduce an assessment without receipt of a signed release from the affected property owners. Hopefully, these releases will be provided prior to the scheduled assessment hearing on Monday, October 22. Enclosed with this letter is a Resolution Adopting the assessment roll for the Grenins Mississippi Hills project. The assessment roll will be provided by the City Engineer, but may be adjusted based upon receipt of documents and testimony at the hearing. Letter to City Council October 18, 2007 Page 2 I will be available at the hearing to answer any questions that Council Members may have. Very t yo s, _ An. ew J. cArth ' OURI ACARTHUR & RUPPE, PLLP cc: Ron Wagner, City Engineer CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2006- 74 RESOLUTION ADOPTING ASSESSMENT FOR GRENINS MISSISSIPPI HILLS SANITARY SEWER PROJECT IN THE CITY OF OTSEGO WHEREAS, pursuant to proper notice duly given as required by law, the Otsego City Council has met and heard and passed upon all objections to the proposed assessment for sanitary sewer improvements benefiting lots within GRENINS MISSISSIPPI HILLS, GRENINS MISSISSIPPI HILLS SECOND ADDITION and VINTAGE GOLF COURSE. NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby resolves: 1. Such proposed assessment, a copy of which is attached hereto and made a part 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 installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2007, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of 1 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. The property 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 succeeding year. 4. The Otsego City Clerk shall forthwith transmit a certified duplicate of this assessment to the Wright County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Motion for adoption of resolution by , seconded by at the meeting of the Otsego City Council on the 22nd day of October, 2006. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk 2 1 ASSESSMENT TABLE ,COLOR PROPERTY PROPERTY DEFFERED SEWER SEWER MUNICIPAL SEWER TOTAL CODE ID# OWNER ASSESSMENT ASSESSMENT ACCESS CHARGE (SAC) ASSESSMENT PROPERTY BLOCK , % ALPINE $16,667 0 0 D #� of o LOT S���o��\O�� 118 - 183 - 001 -010 $16,667 \e.) � Z ,�- HOMES, INC. 118 -183- 001 -020 ALPINE �\� SvC'0 BLOCK 1 , // HOMES, INC. $16,667 0 0 $16,667 � t / � ID X10 0 Q // / 118 - 159 - 002 -010 PETERSON 0 0 $6,425 $6,425 - PROPERTY #2010 BLOCK 2 w KALENDA LOT 118- 159 - 002 -020 SCULTHORP 0 0 $6,425 $6,425 �` r PROPERTY BLOCK 2 ��, Y ID #2020 LOT 2 r' 2% 118- 159 -002 -030 BRUNKOW + 0 $16,667 $6,425 $23,092 "91_8 �� PROPERTY OT LOCK 3 2 + ID #2030 ` 118- 159 - 002 -040 ALPINE ____� _ HOMES, INC. $16,667 0 0 $16,667 -- '- - - -- PR ID #2040 4 BLOCK 2 � � LOT 4 t 118 -159- 002 -050 BAILEY * 0 0 v 4 $6,425 $6,425 PROPERTY BLOCK 2 ID #2050 LOT 5 OUTLOT A VINTAGE GOLF $21,667 COURSE, INC. 0 0 $21,667 ......... _______I_____________ P -_ -_ 97th STREET N.E. 118- 161- 001 -010 VINTAGE GOLF $21,667 - - - -- COURSE, INC. 0 0 $21,667 �,� - - - -` --- - - -___ PROPERTY \ O ID_ �o10 TOTAL $93,335 $16,667 $25,700 $135,702 �C $110,002 * EXISTING - INDIVIDUAL SEWER TREATMENT SYSTEM (ISTS) G G + EXISTING - SEWAGE HOLDING TANK - t VACANT LOT - DEFERRED UNTIL DEVELOPMENT 95TH ST. N.E. (c.S.A.H ---------- - - - --- No. 39) - - - -- TOTAL PROJECT COST = $150,000 - - -- lUll Hakanson NI ASSESSMENT EXHIBIT Anderson 2- o ,. FOR Assoc.,Inc. CITY OF OTSEGO mmim SCALE IN FEES DATE: 9/24/07 FILE: OT633 PUBLIC HEARING ON PROPOSED ASSESSMENT FOR GRENINS MISSISSIPPI HILLS FOR SANITARY SEWER AND DRAINAGE IMPROVEMENTS MONDAY, OCTOBER 22, 2007 5 PM, OTSEGO CITY HALL 1. Mayor Fournier will open the Public Hearing. Roll Call: 2. City Attorney comments. 3. Presentation of the Assessment Roll. 4. Public Comments. 5. Close the Public Hearing 6. City Council discussion and action.