Loading...
ITEM 3.4 Utility ConnectionsF Otsezo MINNESOTA CO DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Administration Adam Flaherty, Finance Director October 24, 2016 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda City Administrator Johnson 3.4 AGENDA ITEM DETAILS RECOMMENDATION: It is recommended by staff that the City Council approve the attached resolution adopting the assessment roll of utility connection charges on Lot 2, Block 1 in Otsego Waterfront East 5th Addition. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No I No BACKGROUND/JUSTIFICATION: During 2015, WFC III, LLC constructed an office building on Lot 2, Block 1 located in Otsego Waterfront East 5th Addition. The utility availability charges were paid in full upon execution of the developer's agreement. The owner of the property petitioned the City to consider assessment of the utility connection charges. The City Council considered this petition at their meeting on December 14, 2015. The City Council approved an agreement where the utility connection charges would be assessed for a period of 7 years at an interest rate of 3.25%. An amortization schedule is attached for reference as well. Given the timing of the petition last December, the assessment had to wait to be certified to the County for taxes payable 2017. The attached resolution is formally adopting the assessments that were approved within the agreement last December. SUPPORTING DOCUMENTS: ATTACHED NONE • Exhibit A — Utility Connection Charges Assessment Roll • Signed Agreement — City of Otsego and WFC III, LLC • Amortization Schedule • Resolution 2016-88 POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. -Motion to approve Resolution 2016-88, adopting the assessment roll of utility connection charges on Lot 2, Block 1 in Otsego Waterfront East 5th Addition. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A Q d ++ to O +' w � 0000 N d' w x d N cI 00 0 cI Q C O "a .a Q L Ln wLI c O M O M 41 O 4- O u U O O 00 w N 41 ai J E N N cn M cn L a O U O O 10 CL �' O OM O N w a c O Q u L O .O t_ O C 1 ++ ++ 'U u wx :3 O O r- O N N -a 4+ rn m cu ti Ol dl O i Ol N N u Y d Ln U = Q O C Iq Qq O CY) cn M m m r bn L m 00 a O U t! Ml O O O U (31 N WA Me ME O O N N O O c-I c i 0 0 00 00 00 00 u, '4 0 W 4� c m E Ln cu Q CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AGREEMENT BETWEEN THE CITY OF OTSEGO AND WFC III, LLC REGARDING UTILITY FEES FOR FACILITIES AT 9000 QUANTRELLE AVENUE NE, OTSEGO AGREEMENT entered into this 'f day of December, 2015 between the City of Otsego (CITY), a Minnesota municipal corporation and WFC III LLC, a Minnesota Limited Liability Company, (OWNER). WHEREAS, OWNER applied for a building permit on May 6, 2015 and has constructed an office building at 9000 Quantrelle Avenue NE within CITY; and WHEREAS, OWNER has substantially completed construction of the building; and WHEREAS, CITY currently has in place Utility Fees which include Water Availability Charges, Water Connection Fees, Sewer Availability Charges and Sewer Connection Fees which are charged to users based upon Residential Equivalent Connections (RECS) as determined by CITY as provided for by Chapter 6, Section 1 of the Otsego City Code; and WHEREAS, OWNER has paid for the water and sewer availability fees upon execution of the Developer's Agreement between CITY and OWNER; and WHEREAS, CITY has calculated total connection fees at current rates for the building as 11.6 RECs, including awater connection fee of 11.6 RECs x $1,581.00 per unit = $18,339.60 and a sewer connection fee of 11.6 RECs x $6,796.00 per unit = $78,833.60 for total connection fees of $97,173.20. NOW, THEREFORE IT IS AGREED BETWEEN THE PARTIES as follows; 1. CITY agrees that at the time a building permit was issued the utility connection fees for the office building will be I I.6 RECS, in the total amount of $97,173.20 for applicable Connection Fees. 2. OWNER hereby petitions the CITY to assess the above listed Connection Fees in the principal amount of $102,466.47 against the property at 9000 Quantrelle Avenue NE (Lot 2, Bloch 1, OTSEGO WATERFRONT EAST FIFTH ADDITION) for a period of seven (7) years at an interest rate of 3.25% per annum commencing with taxes payable in 2017, as per the attached amortization schedule. The amount above includes interest from the date of issuance of the building permit, May 6, 2015. 3. OWNER on behalf of itself, its heirs, assignees or successors in title does hereby waive any and all hearings, irregularities in procedure and any right of appeal of any nature, including the right to appeal the assessment under Minnesota Statute 429.081, common law or the Minnesota Constitution. OWNER agrees that the property is benefited in at least the amount of the assessment. 4. OWNER does hereby waive any and all claims or causes of action against the CITY, of whatever nature, related to this Agreement unless caused by the willful, wanton or intentional misconduct of the CITY or anyone acting on behalf of the CITY. 5. To the fullest extent permitted by law, OWNER agrees to defend, indemnify and hold harmless CITY, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including attorney fees, arising out of OWNER'S performance or failure to perform its obligations under this Agreement. OWNER agrees this indemnity obligation shall survive the completion or termination of this Agreement. 2 6. This Agreement may not be amended except by written Agreement of all parties. 7. In the event that any portion, sentence, paragraph or clause of this Agreement is held to be invalid by a court of competent jurisdiction the remainder of the Agreement shall be modified and interpreted to be as close as possible to the original intent of the Parties. Dated: q- l5 CITY OF OTSEGO Jes ica Stockamp, Mayor �CUCyv`�Yv�. Tami Loff, City Clerk Dated: WFC III LLC By: Itsv�U��` City of Otsego Special Assessments Amortization Schedule 9000 Qua ntrelle Ave NE Water Connection Charges Interest Payment Year Assessed Accrual Principal Interest Total Balance 2015 18,339.60 390.28 - - 18,729.88 2016 - 608.72 - - - 19,338.60 2017 - 2,762,66 628.50 3,391.16 16,575.94 2018 2,762.66 538.72 3,301.38 13,813.28 2019 2,762.66 448.93 3,211.59 11,050.62 2020 2,762.66 359.15 3,121.81 8,287.96 2021 2,762.66 269.36 3,032.02 5,525.30 2022 2,762.66 179,57 2,942.23 2,762.64 2023 - 2,762.64 89.79 2,852.43 - 19,338.60 2,514.02 21,852.62 Sanitary Sewer Connection Charges Interest Payment Year Assessed Accrual Principal Interest Total Balance 2015 78,833.60 1,677.64 - 80,511.24 2016 - 2,616.63 - - - 83,127.87 2017 - 11,875.41 2,701.66 14,577.07 71,252.46 2018 11,875.41 2,315.70 14,191.11 59,377.05 2019 11,87S.41 1,929.75 13,805.16 47,501.64 2020 11,875.41 1,543.80 13,419.21 35,626.23 2021 11,875.41 1,157.85 13,033.26 23,750.82 2022 11,875.41 771.90 12,647.31 11,875.41 2023 - 11,875.41 385.95 12,261.36 - 83,127.87 10, 806.61 93,934.48 ,. . _ Total Interest Payment Year Assessed Accrual Principal Interest Total Balance 2015 97,173.20 2,067.93 99,241.13 2016 - 3,225.34 - - - 102,466.47 2017 - 14,638.07 3,330.16 17,968.23 87,828.40 2018 14,638.07 2,854.42 17,492.49 73,190.33 2019 14,638.07 2,378.69 17,016.76 58,552.26 2020 14,638.07 1,902.95 16,541.02 43,914.19 2021 14,638.07 1,427.21 16,065.28 29,276.12 2022 14,638.07 951.47 15,589.54 14,638.05 2023 14,638.05 475.73 15,113.78 - 102,466.47 13, 320.63 115,787.10 Resolution Date 5/6/2015 Year End 12/31/2015 Interest Days 239 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2016-88 ADOPTING ASSESSMENT ROLL FOR UTILITY CONNECTION CHARGES ON LOT 2, BLOCK I - OTSEGO WATERFRONT EAST 5Tx ADDITION WHEREAS, WFC III, LLC is the owner of parcel 118-282-001020 described as Lot 2, Block 1 of Otsego Waterfront East 5th Addition; and WHEREAS, the owner petitioned the City of Otsego for the assessment of water utility connection charges in the amount of $18,339.60 plus accrued interest of $999.00; and WHEREAS, the owner petitioned the City of Otsego for the assessment of sanitary sewer utility connection charges in the amount of $78,833.60 plus accrued interest of $4,294.27; and WHEREAS, the City of Otsego approved an agreement where the utility connection charges would be assessed against the respective parcel on December 14, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. Such assessment roll, attached hereto as Exhibit A. is hereby accepted and shall constitute the special assesment against the properties named therein and that the tract of land therein included is hereby found to have received and not paid for City utility services provided. 2. The owner of any property so assessed may at any time prior to the certification of the assessments to the Wright County Auditor pay the entire assessment to the City. Such payments must be made by the close of business on November 15, 2016 or interest will be charged through December 31 of the succeeding year. 3.1 Such assessment shall be payable with property taxes levied in 2016 for collection in 2017, in seven annual installments with an interest rate of 3.25% per annum. 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 24th day of October, 2016. ATTEST: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk MOTION made by Council Member and SECONDED by Council Member IN FAVOR: OPPOSED: