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Home My WebLink AboutRes2019-083 CITY OF SEWARD,ALASKA RESOLUTION 2019-083 Sponsored by: Meszaros A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE REIMBURSEMENT INCENTIVE PROGRAM APPLICATION REQUIRED UNDER SEWARD CITY CODE CHAPTER 5.22 "DEVELOPER REIMBURSEMENT AND INCENTIVE PROGRAM" WHEREAS, City Council adopted Seward City Code Chapter 5.22, which authorizes Council to reimburse up to 50% of developer installation costs resulting from the installation of public utilities in improvement districts; and WHEREAS, SCC 5.22.030 requires that developers seeking reimbursement under this program submit an application; and WHEREAS, SCC 5.22.030 also requires that Council approve the application form drafted by the City Administration for use by program applicants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Developer Reimbursement Incentive Application is approved in substantially the same form as submitted in Exhibit A. Section 2. This resolution shall take effect thirty(30)days upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of September, 2019. THE CITY OF SEWARD, ALASKA David Squires,Mayor CITY OF SEWARD, ALASKA RESOLUTION 2019-083 AYES: Horn, Lane, Towsley, Seese, McClure, Osenga, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: B enda J. Ballou, MC City Clerk (City Seal)'•,..•OFis a$ ,�'�. • • SEAL—'— i = • E. ✓ i •1 A I O ti'.,F OF A\P,•••• Instructions DEVELOPER REIMBURSEMENT INCENTIVE PROGRAM APPLICATION The City of Seward permits,when funds are available, developers to apply for reimbursement of the public utility installation costs when those costs are incurred as a result of a public improvement district assessment under Seward City Code. In order to be eligible for reimbursement, an applicant must complete this application and comply with all requirements listed in the Seward City Code and any related policies. Additionally, the application filing fee must be paid in full before this application may be accepted. Upon completion, please submit this application to the City Clerk. So long as the application is complete and the filing fee is paid in full,the City Clerk will send a Notice of Filing to the applicant and the City Manager within 10 days of receipt. The City Manager will, in turn, review the application and recommend approval or denial of the application to City Council within three regularly scheduled City Council meetings after the Notice of Filing has been issued. PLEASE BE AWARE THAT A PERSON MAY ONLY BE ELIGIBLE FOR REIMBURSEMENT AFTER THE CREATION OF DISTRICT UNDER SEWARD CITY CODE CHAPTER 5.22 AND THE ASSESSMENT OF INSTALLATION COSTS UNDER THAT CHAPTER. If you have any questions about this application, please contact the Public Works Director at the following address: Insert Address and Contact I.APPLICABLE DEFINITIONS For purposes of this application,the following terms, if used, have the following meanings and parameters: "Person" extends and applies to bodies politic and corporate, and to partnerships and associations, as well as to individuals. "Benefiting property" means area or zone which will directly benefit by a specific public utility extension. "Cost of extension" means the developer's actual direct cost of constructing a public utility extension. "Developer" means a property owner who is located within an improvement district subject to a special assessment. "Program Fund" means a fund created expressly to fund the reimbursement and incentive program. "Public improvement" means those improvements to or in connection with streets, sidewalks, parks, playgrounds, buildings, sewer systems,water systems, harbor facilities and any other real property or appurtenances thereof of the city used by the public. "Public utility" includes all common carriers in the public streets,water, sewage disposal, electric light, central heating, gas, electric power,telephone and telegraph lines and systems,garbage collection, garbage disposal and reduction plants, docks and such other and different enterprises as the law or the council may determine to be or designate as public utilities. "Local improvement" means those public improvements which are specially beneficial to the property affected and shall further include the abatement of such unsafe, unsightly, unhealthful or unsanitary conditions as the council shall determine to be a public nuisance. "Undeveloped land" means tracts or parcels of land that are not part of an existing improvement district and have no significant or substantial improvement, infrastructure,grading,or site development related to residential,commercial,or industrial uses or outstanding building permits. The provisions of this section specifically do not apply to tracts within the Seward Marine Industrial Complex(SMIC). II. GENERAL INFORMATION A. NAME OF APPLICANT: B. LEGAL PROPERTY DESCRIPTION: C. NAME OF IMPROVEMENT DISTRICT AND ASSESSMENT ROLL IDENTIFICATION NO.: III. INSTALLATION COST DETAILS AND REQUEST FOR REIMBURSEMENT A. Please provide a statement of the properties owned within the special improvement district and the total cost of the installation of the improvement to the developer. B. Please submit an itemized report, with supporting documentation,of the actual direct cost of the extension to the developer. IV. STATEMENT OF PURPOSE&DISCLOSURES A. Please provide a statement regarding the purpose and use of the property at issue and the ways in which the use promotes the public interest and complies with the city comprehensive plan. B. Please disclose any outstanding liabilities owed to any public utilities, contractors or other persons on or regarding the property at issue. C. Please disclose any violations of safety, health or land use laws applying to the subject property. Agenda Statement O Meeting Date: September 9, 2019 To: City Council Through: City Manager Scott Meszaros� From: Holly Wells, City Attorney ��// Agenda Item: Resolution 2019-083, Developer Reimbursement Application Form Approval BACKGROUND & JUSTIFICATION: The Seward City Council recently instructed the City Manager and his administrative team to explore ways the City of Seward could incentivize Seward property owners to develop housing units on their undeveloped property. This request arose from an increasing shortage of housing within the City. In response, members of the Administration met with developers, Council, and other members of the community to discuss options. Ultimately, the Administration determined the City may be able to encourage construction of new housing units by offering to bear some of the public utility installation costs traditionally borne by developers of such units. As a result,City Council adopted a "Developer Reimbursement and Incentive Program" via Ordinance 2019- Ol l(S 1). Generally, a property owner,via petition,or the City Council, via resolution,may initiate a special improvement district for the installation of public utilities. If the district is approved, installation costs are apportioned among property owners in the district. The program gives property owners of undeveloped property the opportunity to apply for reimbursement of up to 50% of the utility installation costs within a special improvement district. The goal of the program is to incentivize developers to initiate special improvement districts and develop housing units on their property within such districts. Seward City Code 5.22.0300) requires City Council to approve an application form drafted by administration and available to developers interested in participating in the program. Seward City Code 5.22.030 also provides the basic criteria and parameters of the Program. INTENT: The intent of the Resolution is to submit the Developer Reimbursement and Incentive Program Application form to Seward City Council for approval. This required approval ensures that the Application accomplishes the goals and objectives of the Program before the form is put into use. 00848484,DOCX 111 CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X .7 2. Strategic Plan (document source here): X 3. Other (list): FISCAL NOTE: This agenda item approves the application form for the developer incentivization program. There are no costs associated with the approval of this application form. Approved by Finance Department: wm " ATTORNEY REVIEW: Yes X No Not Applicable RECOMMENDATION: If the application form attached to the Resolution meets with Council's goals and objectives,we recommend approval. 00848484.DOCX 112 L V. STATEMENT OF UNDERSTANDING Upon signing this application,the applicant acknowledges and agrees that City Council may reimburse all, none or a portion of the pro-rated share of the improvements under Title 5 up to 50%of the installation costs and the applicant accepts his, her or its obligation to pay his, her or its pro-rated share of those costs as identified on the assessment roll. Applicant: Submission Date: Notice of Filing Date: