90-2028 Please, retur,n copy to: O K I � I n I� � � Council File # � �o�d
Reai Estate Division � � � �j
218 City Hall �-" Green Sheet #� /l 7�3
(Pw) (serVi�e) RESOLUTION
CI OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
WHEREAS , the City collects service charges for both taxable and .
tax�exempt properties; and
WHEREAS , when property owners challenge service charges , the City
has the burden of proving that the property value ir�creased by the
amount of the service charge through a "market value" analysis;
and
WHEREAS , market value analysis is appropriate to measu.re the
benefit derived by a property from a capital improvement , but it
improperly reflects the benefit associated with service charges
for ongoing operation and maintenance; anc3
WHEREAS , Minnesota law recognizes the distinction between a
charge for the installation of a capital improvement and a charge
for ongoing operation and maintenance;
supports
THEREFOI2E, BE IT RESOLVED, that the City of Saint Paul ��pos�s--
changes to I�innesota Statutes , 1990 Chapter 429 . 1011 to expand the
definition oi,f benefit to -i-r�l�� properties. that receive the .:
service. ' affected
Ye Navs Absent Requested by Department of:
zmon
o�sw1 Z �_ �— Finance & Management Services
acca ee �—
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i son BY� Director
Adopted by Council: Date DE C 1 1 1990 gorm Approved by City Attorney
Adoption rtified by Council Secretary gy:
� By� Approved by Mayor for Submission to
Approved by Mayor: Date DEC 1 2 1990 Council
By: / By�
PUB�.RS��D ��.� 2 :' 199Q
, � �'�D ��0°��
429. 101 SERVICE CHARGES, A SPECIAL ASSESSMENT AGAINST BENEFITED
PROPERTY.
Subdivision 1. Ordinances. In addition to any other method
authorized by law or charter, the governing body of any municipality
may provide for the collection of unpaid special charges for all or ar�y
part of the cost of
(a) sno!w, ice, or rubbish removal from sidewalks,
(b) weed elimination from streets or private property,
(c) renewal or elimination of public health or safety hazards
from private property, excluding any structure included under the
provisions of sections 463. 15 to 463.26,
(d) installation or repair of water service lines, street
sprinkling or other dust treatment of streets.
(e) the trimming and care of trees and the removal of unsound
trees from any street,
(f) the treatment and removal of insect infested or diseased
trees on private property, the repair of sidewalks and alleys,
(g) the operation of a street lighting system, or
(h) the operation and maintenance of a fire protection or a
pedestrian skyway system,
as a special assessment against the property benefited bv, or
which re�eived, or which is deemed to have received the service. The
apportior►ment 'of the amounts to be charr�ed shall be a reasonable
allocati�n of the costs of the service and shall not exceed the actual °
cost to rovi e the service. The council may by ordinance adopt
regulations cdnsistent with this section to make this authority effect,
including, at the option of the council, provisions for placing primary
responsibilityT upon the property owner or occupant to do the work
personally (except in the case of street sprinkling or other dust
treatment, alley repair, tree trimming, care, and removal or the
operation of a street lighting system) upon notice before the work �s
undertak�n, and for collection from the property owner or other person
served of the charges when due before unpaid charges are made a special
assessment.
� � - � �yoao��
DEPARTMENT/OFPCE/COUNCIL DATE INITIATED
Fina�ce/Real Estat Div S�on GREEN SHEET N° _11713
INITIAUDATE INITIAUDATE
CONTACT PERSON 8 PHONE C th 2�,�]��eY, �DEPARTMENT DIRECTOR �CITY COUNCIL
Peter White y � -731/ ASSIGN �CITYATTORNEY �CITYCLERK
NUMBERFOR
MUST BE ON COUNCIL AGENDA BY DATE) ROUTING �BUDGET DIRECTOR �FIN.&MGT.SERVICES DIR.
ORDER �MAYOR(OR ASSISTANT) �
TOTAL#OF SIGNATURE AGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
To include in inne ota Statutes Chapter 429.101, a definition of benefit for service
charges to be that he charge is a reasonable allocation of the costs.
RECOMMENDA710NS:Approve(A)or eject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNING COMMISSION CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a contract for this department?
_CIB COMMITTEE YES NO
2. Has this person/firm ever been a city employee?
_STAFF YES NO
_DISTRICT COURT 3. Does this erson/firm
p possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJE IVE7 YES NO
Explaln all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM,ISSUE,OPP RTUNITY ho,What,When,Where,Why):
When a service ch ge i appealed to District Court, the City must prove the market value of
the property incre sedi value at least the amount of the charge due to the service. For
ongoing operation nd m intenance work, the market value test is not appropriate. A more
appropriate test i tha the work was done, and the costs are apportioned in a fair,
equitable, and re onab e manner. This would not prevent a property owner from using the
market value test f he or she desired in a District Court action.
ADVANTAGES IF APPROVED:
The State law will incl de a definition of benefit for ongoing operations and maintenance
which is appropri e fo the type of work performed.
DISADVANTAGES IF APPROVED:
None.
DISADVANTAGES IF NOTAPPROVED:
When service char s ar appealed, the City will have to prove a market value increase
to the property.
TOTAL AMOUNT OF TRANSAC ION S COSTlREVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN)
, , , y , o-aa��
�y
Intergovernmental Relations Committee I
( September 14, 1990 ;
Licensinq for Checl� Cashing Facilities I
�
This resolution was APPROVED, 3-0.
Service Char e De ni ion
Councilmember Maccabee made a MOTION for approval of this resolution; MOTI01�.%'
CARRIED, 3-0. �
Tax Exempt Bonds
This resolution was APPROVED, 3-0.
6. Budget
Fiscal Disaarities
No discussion
Reimbursement for �Services to State Propertv
No discussion
�!:-' Metro Sal es Tax
No discussion
Tax Reform: R;estru�Cture of Tax Tiers
Setting priorities for the Legislative Agenda:
1) Toward a coherent legislative strategy: Discussion of "packaging" of the
agenda;
2) Discussion of criteria for ranking legislative issues.
No discussion
There was no 'furth!er business; the meeting was adjourned at 12:00 p.m.
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