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#3C Special assessment deferral request for Jack Willow Investments and DK Partnership DEPARTMENT OF PUBLIC WORKS MEMORANDUM May 15, 2009 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: Consideration and Action on a 10-year non-use deferment for Jack Willow Investments, LLC and DK Partnership, LLP Summary Section IV of Council Policy #63 allows Council to grant 10-year non-use deferments while undeveloped property is used for agricultural puposes. Jack Willow Investments, LLC is moving forward with an extension of Castlemoor Drive for a six lot subdivision plat (Willow Glade) and planning for a future four lot commercial project (Willow Glen) located at STH 26 and McCormick Drive. In order to serve either of these projects, sanitary sewer must be extended through undeveloped land. Jack Willow Investments, LLC has agreed to pay the annual carrying costs for extending sanitary sewer to the project sites for a 10-year period or until the property is subdivided, whichever occurs first. This section of sanitary sewer will be crossing property by two separate owners: Jack Willow Investments, LLC and DK Partnership, LLP. A map of the proposed sanitary sewer extension is attached. Recommendation Following review by City Council, the Engineering Division recommends the Council grant 10-year non-use deferments to Jack Willow Investments, LLC and DK Partnership, LLP for the required sanitary sewer extension to serve Willow Glade subdivision and the future Willow Glen commercial site. City Manager Recommendation I concur with Engineering’s recommendation. Suggested Motion I move to authorize a 10-year non-use deferment to Jack Willow Investments, LLC and DK Partnership, LLP for the required sanitary sewer extension to serve Willow Glade subdivision and the future Willow Glen commercial site. Request Jack Willow Investements, LLC and DK Partnership, LLP are requesting a 10- year non-use deferment for sanitary sewer through undeveloped property south of STH 26. \\petey\cojhome\agenda review\approved agenda items\2009\5-26-2009\willow glade 10yr non-use deferment memo.doc Background The City and Jack Willow Investments, LLC have negotiated a Memorandum of Understanding outlining the requirements and process to construct the public infrastructure for a six lot subdivision project and sanitary sewer extension in 2009. The City Council traditionally considers granting a non-use deferment at the time of levying special assessments and Contract Award. However, the affected property owners requested the Council take action at the time of plat approval for Willow Glade subdivision. Attachment cc: Eric Levitt Jacob J. Winzenz \\petey\cojhome\agenda review\approved agenda items\2009\5-26-2009\willow glade 10yr non-use deferment memo.doc