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HomeMy WebLinkAboutRes2022-116 Hilltop Devel Reimb Program Sponsored by: Bower Public Hearing: November 28, 2022 CITY OF SEWARD,ALASKA RESOLUTION 2022-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DETERMINING IT IS IN THE PUBLIC'S INTEREST, AND NECESSARY, TO PROCEED WITH THE FORMATION OF A SPECIAL IMPROVEMENT DISTRICT FOR AND BENEFITTING, PROPOSED LOTS 1-75 (T 1N R 1W SEC 33 SEWARD MERIDIAN SW 2013016 GATEWAY SUB ADDN NO 2 TRACTS C4,C5,C6&C7 TRACT C-4) OF THE GATEWAY SUBDIVISION, ACCEPTING THE CITY MANAGER'S RECOMMENDATION TO APPROVE THE DEVELOPER REIMBURSEMENT APPLICATION RECEIVED FOR THE HILLTOP PROPERTIES IMPROVEMENT DISTRICT, AND AUTHORIZING AN EXPENDITURE IN THE AMOUNT OF $3,993,000 FOR WATER, SEWER, AND ELECTRICAL IMPROVEMENTS, ROADS, PAVING, AND APPROPRIATING FUNDS WHEREAS,on October 4,2022,the City received a request to extend utility services and create an assessment district in the Subdivision; and WHEREAS, the departments of Community Development, Public Works, and Electric reviewed the request and provided cost estimates to furnish water,sewer,and electric service to the area; and WHEREAS, total estimated cost for the special improvement district is approximately, $3,993,000, and this cost will be divided and assessed on the 75 parcels of land; and WHEREAS,Administration has reported the costs and the need for improvements,and is requesting authorization to expend up to$3,993,000 for water,sewer,and electrical improvements in case of unforeseen expenditures;however,only the actual costs will be assessed; and WHEREAS,the City Manager recommends the developer be reimbursed 50%of the costs related to the project through reduced special assessments; and WHEREAS, after the project is completed, the actual costs will be calculated to determine the final assessment and will be reassessed and recorded with the reduced assessment amounts, through a subsequent resolution adopted by the council; and WHEREAS,the Hilltop Properties Utility Improvement District is located inside City limits in the Gateway Subdivision. 111 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA RESOLUTION 2022-116 CITY OF SEWARD,ALASKA that: Section 1. The special improvement district, referred hereto as the Hilltop Properties Utility Improvement District, will include the following area: Proposed Lots 1-75 of the Gateway Subdivision (T 1N R 1W SEC 33 SEWARD MERIDIAN SW 2013016 GATEWAY SUB ADDN NO 2 TRACTS C4,C5,C6&C7 TRACT C-4). Section 2. After full review by the City Council of all the facts and opinions presented, it is hereby determined that the proposed Hilltop Properties Utility Improvement District is in the public's interest, and necessary, and will benefit the properties to be assessed. Section 3. The City Council hereby accepts the City Manager's recommendation to approve the reimbursement of 50% of the projects costs and is hereby authorized to proceed with the design and construction of the Hilltop Properties Utility Improvement District. Section 4. The City Manager is hereby authorized and directed to keep account of all the costs and improvements, including acquisitions of interests in land for the improvements, including design, engineering, administration, overhead, professional services, guaranteed fund, bond, or loan costs and interest incurred as a result of the improvements, and all other costs resulting from the construction of the improvements. Section 5. Funding in the amount of$734,000 is hereby appropriated from the 80071- 0000-8101 Developer and Incentive and Reimbursement Fund, $775,000 from the 17100- 0000-8101 Water fund ARPA and$1,059,000 from the 18100-0000-8101 Sewer Fund ARPA, $1,425,000 from the Capital Acquisition Fund for a grand total of$3,993,000.00 Section 6. After the project is completed, the actual costs will be calculated to determine the final assessment and will be reassessed and recorded with the reduced assessment amounts, through a subsequent resolution adopted by the council. Section 7. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 28th day of November, 2022. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor CITY OF SEWARD, ALASKA IIRESOLUTION 2022-116 AYES: Barnwell, Finch, DeMoss, Wells, Calhoon, McClure NOES: None ABSENT: Osenga ABSTAIN: None ATTEST: Aeti Brenda J. Ballo , MMC City Clerk .••'pF SEA' (City': oRPO4��,�': = • SEAL • .(_I- t .. `•P't.O:,A. City Council Agenda Statement Meeting Date: November 28, 2022 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Agenda Item: Resolution 2022-116: Determining It Is In The Public's Interest, And Necessary, To Proceed With The Formation Of A Special Improvement District For And Benefitting, Proposed Lots 1-75 Subdivision (T 1N R 1W SEC 33 SEWARD MERIDIAN SW 2013016 GATEWAY SUB ADDN NO 2 TRACTS C4,C5,C6&C7 TRACT C-4), Of The Gateway Subdivision, Accepting The City Manager's Recommendation To Approve The Development Reimbursement Application Received For The Hilltop Properties Improvement District, And Authorizing An Expenditure In The Amount Of $3,993,000 For Water, Sewer, And Electrical Improvements And Appropriating Funds Background and justification: On October 4, 2022, the City received a request to extend utility services and create an assessment district in the Hilltop Properties Subdivision for proposed Lots 1-75 (T 1N R 1W SEC 33 SEWARD MERIDIAN SW 2013016 GATEWAY SUB ADDN NO 2 TRACTS C4,C5,C6&C7 TRACT C-4), in the Hilltop Properties Improvement District. All properties above are owned by Hilltop Properties LLC. Administration has determined that the proposed Special Improvement District is in the public interest and necessary and will benefit the property to be assessed. The Community Development, Public Works, and Electric Departments, have reviewed and provided cost estimates to furnish water, sewer, and electric service to the area. Based on recommendations from each department, the total estimated cost for the special improvement district is approximately, $3,993,000. City Code Section 5.20.035 states that "the costs of improvement shall be the actual costs of the improvement, design, engineering, administration, overhead, professional services, guaranteed fund, bond costs and interest incurred as a result of the improvement and all other costs resulting from the construction of the improvement." The City Manager recommends: ➢ The total estimated cost for the special improvement district be divided and assessed in full on the proposed 75 parcels; ➢ The City pay the invoices related to the actual cost as described above; ➢ The developer be reimbursed 50% of the project costs through reduced special assessments; ➢ After the project is completed, the actual costs will be calculated to determine the final assessment and will be assessed and recorded with the reduced assessment amounts, through a subsequent resolution adopted by the council. This resolution will contain the levy, payment terms, and penalties for the special assessment district. 216 The Manager's decision is based on: ➢ Seward Municipal Code 5, 22.030, subsection (a) - Mr. Zimmerman completed and filed the required application for reimbursement. ➢ Seward Municipal Code 5. 22.030, subsection (b) —the application is complete and filing fee paid in full. ➢ Seward Municipal Code 5. 22.030, subsection (c) — the Planning and Zoning Commission reviewed the application and found the applicant meets for the requirement for reimbursement. ➢ Seward Municipal Code 5. 22.030, subsection (e) — the required statement regarding properties owned within the special improvement district was provided, an itemized report concerning the estimated direct cost was provided, and a statement regarding the purpose and use of the property promoting public interest and compliance with the comprehensive plan was provided. The Community Development, Public Works, and Electric Departments, have reviewed and provided cost estimates to furnish water, sewer, and electric service to the area. The city will be using ARPA Funds to pay for the water and sewer expenses and the DRP Funds to pay for the remaining eligible expenses. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.3.1, 3.3.1.1, 3.3.1.2, 3.3.1.3 Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: $ X Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): X Budgeted Line item(s): $73,4000 800071-0000-8101 DRP Fund, $1,425,000 CAFUND Not budgeted $775,000 17100-0000-8101 and $1,059,000 18100-0000-8101 Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking R Water RHealthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ 157 Finance Signature: 217 Attorney Review RYes Attorney Signature: X Not applicable Comments: Administration Recommendation XeApprove Resolution Other: 218