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HomeMy WebLinkAbout2010-06-16 PACKET 08.D.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 6116/10 Finance 50 a 119 :4 ILYA I R M19N ORIGINATING DEPARTMENT COUNCIL ACTION REQUEST Consider request to rebate special assessment penalties paid by Pulte Homes as purchaser of the 39 remaining lots in the Preserve subdivision. STAFF RECOMMENDATION Approve request to rebate penalties. BUDGET IMPLICATION BUDGETED AMOUNT ACTUAL AMOUNT ADVISORY COMMISSION ACTION SUPPORTING DOCUMENTS ® MEMO /LETTER: Roland memo 6/10/10; Pulte letter 5/25/10 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS hc City Administrator Date COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER &S , c)w CADocuments and Settings\rrolandWy Documents \City Council Action Form.doc DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Roland memo 6/10/10; Pulte letter 5/25/10 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS hc City Administrator Date COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER &S , c)w CADocuments and Settings\rrolandWy Documents \City Council Action Form.doc City of • .• G • To: Mayor and Council members Ryan Schroeder, City Administrator From: Robin Roland, Finance Director ' Date: June 10, 2010 Subject: Request to rebate special assessment penalties Introduction Pulte Homes has a purchase agreement for the 39 remaining lots in the Preserve at Cottage Grove subdivision and plans to close on these properties in July. The properties currently have a significant amount of delinquent special assessments (with penalties accrued) which Pulte will pay at the time of closing. Pulte is requesting that the City Council consider rebating the special assessment penalties after all the lots are brought to current status. The request letter is attached to this item. Discussion The Preserve at Cottage Grove has levied assessments totaling $1,375,889 or $34,397.22 for each lot. Principal and interest on these assessments through the first half of 2010 totals $533,351. Staff estimates the penalty amount on these assessments will total in excess of $55,000 (or roughly 10% of the outstanding assessment amount) at the time of closing. The current property owner is in default on the property assessments which have incurred the penalties in the first place. Pulte Homes will be assuming payment of the balance of the levied assessments on these properties for the remaining 3' /z years. By statute, penalties collected on delinquent special assessments are required to be distributed to the taxing jurisdiction which levied the assessment. Therefore, the City will receive the entire amount of penalties which are paid when the assessments are brought current. In light of the difficult development environment, granting Pulte's request could be seen as an additional incentive to getting the Preserve development back on track and encouraging economic development in Cottage Grove. Action Requested Staff recommends adoption of the attached resolution granting Pulte's request that penalties paid on the delinquent special assessments be rebated to them. f f N l� May 25, 2010 City of Cottage Grove Robin Roland 7516 80` Street South Cottage Grove, TNA 55016 Re: The Preserve at Cottage Grove Dear Ms. Roland Pulte Homes has entered into a purchase agreement for all 39 remaining lots located within the Preserve at Cottage Grove subdivision. It is anticipated that the closing on the lots will occur in mid July of this year. Upon closing on the lots, Pulte Homes will be assuming all of the assessments that have been levied against the lots. It is our understanding that the assessments that were due in 2009 and the first half of 2010 have riot been paid by the current owner and therefore additional penalties have accrued. It is Pulte I lome's intention to get all of the assessment payments caught up when we close on the lots in July. We would request that the City Council consider abating the penalties that have accrued to date once the assessments have been paid for 2009 and the first half of 2010. Pulte Homes and the City of Cottage Grove have a long history of working well together and we would appreciate the City Council's consideration of this matter. If you have any questions or need additional information, please do not hesitate to contact me at 952- 912 -5465 or Ja son wedel�cr�ultegroup.com Sincerely, Pulte Homes of Minnesota � ason C. Wedel, P.E. '� Director of Land Pulte Homes, Inc. 1 12701 Whitewater Drive Suite 300 1 Minnetonka, Minnesota 55343 1 952.936.7833 1 952.936.7839 (Fax) •_ ,$• RESOLUTION REBATING PENALTIES ON SPECIAL ASSESSMENTS WHEREAS, the Preserve at Cottage Grove project currently has delinquent special assessments outstanding with penalties incurred; and WHEREAS, Pulte Homes will acquire the 39 remaining lots in the project and the special assessment levied against them under a purchase agreement in July 2010; and WHEREAS, Pulte Homes will pay the delinquent amount of special assessments with penalties at the time of closing on the properties; and WHEREAS, it is the discretion of the City Council to do so. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cottage Grove as follows: That penalties paid by Pulte Homes on the delinquent special assessments on the 39 lots known as the Preserve at Cottage Grove be rebated to Pulte Homes after receipt of the proceeds from the payment of the special assessments by the City from Washington County. Adopted by the City Council of the City of Cottage Grove this _ day of , 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk