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ITEM 3.6 Resolution 14-69OtsTe F o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Legal Andy MacArthur, City Attorney October 13, 2014 PRESENTER(s): REVIEWED BY: ITEM #: Consent Lori Johnson, City Administrator 3.6 AGENDA ITEM DETAILS RECOMMENDATION: The City previously entered into an agreement with KCS Building Company to assess a portion of the outstanding sanitary sewer and water connection fees due for the expansion of the Kaleidoscope School. Staff is recommending adoption of the resolution adopting that assessment. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. No. BACKGROUND/JUSTIFICATION: The City entered into an agreement with KCS Building Company allowing a portion of the City sewer connection and water connection fees to be assessed against their property. The agreement was requested by KCS and was approved by the City Council at the last Council meeting with a five year assessment period at 3.4% per annum interest. The City needs to take formal action to adopt the assessment so that it can be certified to Wright County. SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE • Resolution Adopting Assessment. MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve Resolution No. 2014-69 Adopting Assessment- KCS Building Company, City SAC and WAC Fees. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA o NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014- 69 RESOLUTION ADOPTING ASSESSMENT -KCS BUILDING COMPANY, CITY SAC AND WAC FEES WHEREAS, pursuant to the Agreement entered into between the City and KCS Building Company regarding expansion of the Kaleidoscope School, said KCS Building Company has agreed to waive all hearings, waive any irregularities in the proceedings, and waive any and all rights of appeal relative to certain City fees and costs which are normally due upon Final Plat approval and which benefit the property described as Lot 1, Block 1 and Outlot A, DARA GLEN ADDITION, according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota. The fees include City Sanitary Sewer Connection Fee, and City Water Connections Fee for the building expansion minus certain credits for a total assessment amount of $168,039.80. The property is located within the City of Otsego, Wright County, Minnesota. NOW THEREFORE BE IT RESOLVED BY THE OTSEGO CITY COUNCIL, COUNTY OF WRIGHT, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto as Exhibit A 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 annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January 2015, and shall bear interest at the rate of 3.4 percent per annum from the date of 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, 2014. 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 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, except that no interest shall be charged if the entire assessment is paid within 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, 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. Partial pre -payment of the assessment may be made pursuant to City Ordinance. 4. The City Clerk shall forthwith 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 13th day of October, 2014. IN FAVOR: OPPOSED: ABSTAINING: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk EXHIBIT A PID # Property address Note Assessment Property final platted as part of Lot 1, Block 1 Kaleidoscope 118-254-000001 7525 Kalland Ave NE Addition $168,039.90