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File #: DC-3804    Version: 1
Type: Consent Action Status: Passed
File created: 9/18/2024 In control: Board of Commissioners
On agenda: 10/29/2024 Final action: 10/29/2024
Enactment date: 10/29/2024 Resolution #: 24-528
Title: Certification Of Property Assessed Clean Energy (PACE) Charges For Energy Improvements On Properties In Cities Of Rosemount And Eagan
Sponsors: Environmental Resources

DEPARTMENT: Environmental Resources

FILE TYPE: Consent Action

 

TITLE

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Certification Of Property Assessed Clean Energy (PACE) Charges For Energy Improvements On Properties In Cities Of Rosemount And Eagan

 

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PURPOSE/ACTION REQUESTED

Certify Property Assessed Clean Energy (PACE) charges for energy improvement projects on the OMNI Wine Holdings LLC Property in the City of Rosemount and for Coventry Properties of Eagan.

 

SUMMARY

By Resolution No. 17-144 (March 21, 2017), the Dakota County Board of Commissioners approved a joint powers agreement (JPA) with the Port Authority of the City of Saint Paul (Port Authority) for the implementation of the PACE program within Dakota County. Through the JPA, the Port Authority is responsible for implementing and administering the PACE program in Dakota County and providing financing for energy improvements to eligible applicants. The County provides for the impositions of special assessments pursuant to Minn. Stat. § 216C.435 and 216C.436 and Chapter 429 as needed in connection with that program. To facilitate and encourage the financing of energy improvements on the property so benefitted, the Port Authority has approved the application of and has requested PACE special assessments on the following properties in Dakota County:

 

Property Owner:                       OMNI Wine Holdings, LLC

Parcel Number:                      34-03210-75-016

Assessment:                                          $171,400

Interest Rate:                      6.95%

Finance Period:                      14 years                     

Accrual Date:                      1/1/2025

 

Property Owner:                       Coventry Properties of Eagan

Parcel Number:                      10-72940-01-010

Assessment:                                          $3,000,000

Interest Rate:                      8.22%

Finance Period:                      29 years                     

Accrual Date:                      1/1/2026

 

After the imposition of special assessments, the County will collect the assessment payments twice a year and remit them to the Port Authority for use in the repayment of the loan(s) or bond(s). The County will take all actions permitted by law to recover the assessments, including, without limitation, reinstating the outstanding balance of assessments when the land returns to private ownership, in accordance with Minn. Stat. § 429.071, subd. 4.

 

The special assessment will be certified to the County Treasurer-Auditor and entered into the tax lists for the following year. The annual installment and interest will be collected at the same time and in the same manner as real property taxes. The special assessment, with accruing interest, is a lien upon the benefited property until paid.

 

RECOMMENDATION

recommendation

Staff recommends authorizing the Dakota County Treasurer-Auditor to extend the proposed special assessment plus accruing interest on the properties set forth and listed above.

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EXPLANATION OF FISCAL/FTE IMPACTS

  None              Current budget              Other        

  Amendment Requested                           New FTE(s) requested

 

RESOLUTION

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WHEREAS, the Dakota County Board of Commissioners approved the joint powers agreement (JPA) with the Port Authority of the City of Saint Paul (Port Authority) by Resolution No. 17-144 (March 21, 2017), designating the Port Authority to implement and administer Property Assessed Clean Energy (PACE) improvement financing on behalf of the County and providing for the impositions of special assessments pursuant to Minn. Stat. § 216C.435 and 216C.436 and Chapter 429 and as needed in connection with that program; and

 

WHEREAS, the County understands that the Port Authority will issue its PACE special assessment revenue bonds to finance the improvements and that the sole security for the bond will be special assessments imposed by the other cities and/or counties participating in PACE; and

 

WHEREAS, after imposition of the special assessments, the County will collect the assessment payments twice a year and remit them to the Port Authority for use in the repayment of the loan(s) or bond(s); and

 

WHEREAS, the County will take all actions permitted by law to recover the assessments, including, without limitation, reinstating the outstanding balance of assessments when the land returns to private ownership, in accordance with Minn. Stat. § 429.071, subd. 4; and

 

WHEREAS, the special assessment will be certified to the County Treasurer-Auditor and entered into the tax lists for the following year; and

 

WHEREAS, the annual installment and interest for current and delinquent collections or payoffs will be collected and disbursed at the same time and in the same manner as real property taxes, in accordance with Minn. Stat. §§ 276.11 and 276.111; and

 

WHEREAS, the special assessment, with accruing interest, is a lien upon the benefited property until paid.

 

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Treasurer-Auditor to extend the proposed special assessment plus accruing interest on the property set forth and listed below:

 

Property Owner:                       OMNI Wine Holdings LLC

Parcel Number:                      34-03210-75-016

Assessment:                                          $171,400

Interest Rate:                      6.95%

Finance Period:                      14 years

Accrual Date:                      1/1/2025

 

Property Owner:                       Coventry Properties of Eagan

Parcel Number:                      10-72940-01-010

Assessment:                                          $3,000,000

Interest Rate:                      8.22%

Finance Period:                      29 years                     

Accrual Date:                      1/1/2026

 

; and

 

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners authorizes the County Treasurer-Auditor to extend the proposed special assessment plus interest on the properties identified herein and record this assessment against the properties with the Dakota County Recorder.

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PREVIOUS BOARD ACTION

17-144; 3/21/17

 

ATTACHMENTS

None.

 

BOARD GOALS

   A Great Place to Live                                          A Healthy Environment     

   A Successful Place for Business and Jobs         Excellence in Public Service

 

CONTACT

Department Head: Nikki Stewart

Author: Nikki Stewart