260469 WHI7E �- CITY CLERK 1 j. �{. , (�
PINir � FINANCE COUCICll /�N ���1.
CAN`ARtY,�,j�,EPARTMENT GITY OF SAINT PALTL rr� V J
_e�a�, �AYOR File NO.
�`' � �- � ouncil Resolution
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Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the Council has determin�d and redetermined that
certain Urban Renewal Neighborhood Development Areas identified a�
Summit-University, Minn. A-1-1; 'I�homas-Dale, Minn. A-1-3; West
Seventh Street, Minn. A-1-7; and Concord Terrace, Minn. R-37,
were blighted, deteriorated or deteriorat�.ng areas within the
City of Saint Paul appropriate for urban renewal redevelopment
undertakings pursuant to the Minnesota Municipal Hou�ing and
Redevelopment Act and Title I of the Federal Housix1g Act; and
WHEREAS, the Council has approved ap�,ication by the Housing
and Redevelopment Authority of the City of``'�,.aint �aul, Minnesota,
for Federal financial assistanc� to carry out urban renewal
neighborhood development activities in accordance with approved
Redev�lopment Plang, which assistance has been authorized to carry
out programs of rehabilitation of these areas or parts thereof that
are predominantly residential in character; a�d
WHEREAS, the condition or want of streets, �curbs, alleys,
eewers, water distribution systems, tree planting, street lighting
and �idewalks has contribut�d to the condit-ion of blight and deterio-
ration of these areas and the Red�velopment Plans and Project Programs
make provision for in�tallation or upgrading of such improvementsf and
WHEREAS, experience indicates that visible unprovement� to
public right-of-way provide the best incentive for prop�rty own�rs
to rehabilitate and upgrade their properties, thereby arre�ting and
r�versing deterioration of these areas, to the benefit of the community
as a whole; and
COUNCILMEIV Requested by Department of:
Yeas Nays
Hun t
Konopatzki In Favor
Levine
Meredith Against BY
Sprafka
Tedesco
Mme.President Butler
Form Approved Ci At rney
Adopted by Council: Date
Certified Passed by Council Secretary BY
By
Approved by MaXor: Date Approved by Mayor for Submission to Council
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By
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WHEREAS, the Council initially adopted a policy in im-
provements projects in these areas funded with Federal and
local Urban Renewal-Neighborhood Development Program funds
to provide for a one-third (1/3) assessment of the cost of
such local improvements to abutting property owners with the
remainder paid from Urban Renewal Bonds and other local resources;
and
WHEREAS, the City Council now recognizes that the conventional
methods and economic resources, apart from Urban Renewal Bonds, are
not capable of carrying out the required actions to provide the
predominantly residential renewal areas with necessary improvements
and that the burden placed upon the property owners in these areas
to undertake substantial rehabilitation of improvements on their
properties while at the same time being subject to assessment for
part of the cost of the public improvements is beyond the capability
of a substantial number of such owners with the reault that the
program of private and public rehabilitation and improvement is not
being accomplished; and
WHEREAS, the City Council desires to alter the policy herein-
before referenced by eliminating assessments for all property in
the predominantly residential urban-neighborhood development areas
herein identified for certain public improvements; now, therefore,
be it
RESOLVED, that the Council of the City of Saint Paul shall
adopt annually a comprehensive project improvement program for
each Urban Renewal-Neighborhood Development Area hereinafter
identified to be constructed without assessment against abutting
properties in these areas, which program shall be under the sole
and exclusive direction of the Mayor and Council; and be it
F'URTHER RESOLVED, that the policy contained Yn this Resolution
shall be confined to the following Urban Renewal-Neighborhood
Development Projects, and shall be applied and implemented as
follows:
1. Eligible Areas
a. Minn. A-1-1, Summit-University
b. Minn. A-1-3, T'homas-Dale
c. Minn. A-1-7, West Seventh Street
d. Minn. R-37, Concord Terrace
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2. Non-assessed Improvements
a. Street and alley regrading
b. Street and alley paving and resurfacing
c. Street lighting systems
d. Initial water distribution systemns
e. Sidewalks reconstruction, curbing, gutters,
driveway aprons up to a width of 12 feet,
and outwalks (carriage walks) up to a width
of 3 feet
f. Initial sewer and water service connections but
limited to the portion thereof, constructed
within the street right-of-way
g. Tree planting and boulevard sodding
3. Improvements to be assessed in the same manner as at
present
a. Storm water relief sewer systems assesses on an
area basis
b. First time street and alley grading or paving
c. First time sanitary sewer construction
d. Al1ey lighting systems
e. First time sidewalk construction
4. Improvement projects to be included in this program
must be part of a comprehensive project improvement
program adopted by the Council pursuant to this
Resolution. Improvement projects proposed prior to
the adoption and approval of this Resolution may be
included under this policy only if the project was
heard and the final order voted on by the Council
sub�equent to an Urban Renewal-Neighborhood Development
Program approved by the Council on the following dates:
WHI7E � - CITY CLERK � 1! �
PINK� L FINANCE GITY OF SAINT PALTL Council ����69
G'�AN�{L�F2V - E ARTMENT
.BJ..�.1F„'R �-�A�OR File �0.
�� , � � � � Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
4
a. Minn. A-1-1, Summit University on May 1, 1969
b. Minn. A-1-3, Thvmas-Dale on May 1, 1969
c. Minn. A-1-7, West Seventh Street on May 1, 1969
d. Minn. R-37, Concord Terrace on October 18, 1968
Assessments in these areas on eligible improvem�nt projects
heretofore ratified by the Council �hall remain in effectf
however, any property owner or person who has paid all or
a part of such as�e��m�nt shall be permitted to file a
claim within two (2) years from the date of this Resolution,
for reimbursement for the amount so paid on the assessment
principal and interest, including any penalty imposed. Z'he
claim shall be in such form and �upported by documentation
as the City Attorney may prescribe.
and be it
FURTHER RESOLVED, that pursuant to the policy adopted by this
Resolution, the portion of improvement project cost which would other-
wise have been asses��d againgt the abutting property or may have been
assessed and is eligible for reimbursement shall be paid from the Urban
Renewal Bond Fund; and be it
FINALLY RESOLVED, that Council Resolution, C.F. 259688, approved
September 15, 1972, is hereby r�scinded.
COUNCILMEN Requested by Department of:
Yeas Nays
Hunt
Konopatzki [n Favor
s--�,
Meredith � Against BY
Sprafka
Tedesco
Mme.President Butler
JAN 101973 Form Approved y ity ttorney
Adopted by Council: Date
Certi ' ed by ci retary BY
By
Appro by Ma r: Date 3 Approved by Mayor for Submission to Council
g By
Rt1BL�SHED JAN 2 019 -
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CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
KENNETH J. FITZPATRICK
December 27, 1972
Z'he Honorable President and
Members of the Council of
the City of Saint Paul
Re: Resolution of Intent - Assessment Policy -
Urban Renewal and NDP Areas
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T'he City Attorney has been requested to issue an opinion
concerning the proposed assessment policy for certain
specified public improvements in the urban renewal and
NDP areas. In response thereto, we have examined the
attached proposed resolution, which resolution provide�
as follows:
l. 3'he Council annually will adopt a comprehensive
project improvement program for each urban =enewal
and NDP area specifying the improvements to be con-
structed without assessment against abutting properti�s.
2• Identifies the eligible areas, specifies the type of
improvements to be made without assessment, and
identifies the improvements which will continue to
be paid for through local assessments.
3. Provides that the Council will cancel certain assess-
ments heretofore levied tor certain specified improvements
made within the eligible areas and that the portion of
improvement costs would be paid from urban renewal funds
in lieu of such assessments, and, further authorizing
the filing of alaims by affected property owners to re-
ceive repayment of any portion of such assessments paid
by them prior to the date of the resolution; provided,
however, that the claims must be filed within two years
from the subject proposed resolutions and
City Hall, Saint Paul, Minnesota 55�02
612 223-5121
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Honorable President and
Members of the Council
Page Z�+io
December 27, 1972
4. Re�cinds the previous Council Resolution No. 259688.
It is our opinion that the proposed resolution is proper
and legal. If the Council should adopt this resolution,
the procedural steps to accomplish the intent of the
Council should be worked out by the affected departments
and the Housing and Redevelopment Authority, with a report
thereof made to tlie City Couneil. We believe that this
opinion satisfies all of the questions raiaed at the
previous City Council meetings.
Respectfully sub�nitted,
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KEBT TIi J. FITZPATRICK
City ttorney
JE J. SE L
Ass ant City Attorney
JJS:er
attach.
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STATEMENT RE PROPOSED ASSESSMENT RESOLUTION
A resolution has been proposed to the City Council dealing with the question
of local assessments that should be given considera6le study by the Council
before final action is taken.
Saint Paul has traditionally constructed its local capital irnprovements on
an assessment basis, except in areas where major arterial streets or trunk
sewers are constructed and here the public has paid only a proportion of
the cost. A new concept is now being proposed in this resolution which
would result in a single improvement being assessed against benefited property
owners in some areas, and giving other property owners v��hat amounts to a free
ride. For example, if Minnehaha Avenue were to be improved, the owners living
within the neighborhood development project (NDP) would not have to pay, but
their neighbors not within the NDP project would pay a full assessment.
The recently adopted Saint Paul City Charter in Chapter 14 entitled "Special
Assessments" gives the City the power to levy assessments to pay all or any
part of the costs of improvements as are of a local character, and in Seetion
14.01. 1, Paragraph 2, the assessment roll is described as including "a.ssess-
ments against property benefited by the improvement. " There would appear to
be no exception in the Charter so as to permit some properties to be assessed
and not others. Further, the inherent principle of fairness - that is - of
treating all taxpayers equally, wou1d seem to be violatPd by this resolution.
In addition, it is our understanding that people living in the NDP areas are
eligible for special benefits, such as low-interest loans.
The resolution itself in the preamble extolls the virtues of the local
improvements of street lighting, sidewalks, streets, curbs, alleys, sewer and
water distribution systems, and admits that the Council has already adopted a
policy providing for a one-third assessment ofi the cost of these improvements
to the abutting property ovrners, and the balance to be funded by bonds. This
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resoiution goes even further and suggests wholly writing off, that is , trans-
ferring to the economic backs of the general taxpayer, all of the cosi:s that
otherwise would have been assessed. There is also the gross inequity that
such a r�solution urould crea� for people vdho have already paid �;he costs of
these assessments and similar projects through their own taxes. The Constitu-
tion of the State of Minnesota and United States assures all of its citizens
of due process and eoual protection under the laws. We question ti•rhether these
constitutional safeguards �rill be met under the terms of i;he proposed resolu-
tion. There are many unanswered questions in this proposal , and the proposal
itseif amounts to a ma,jor change in policy for the City of Sair�t Paul .
G�e realize that many construction programs are temporarily being held in
abeyance u�hile i:his matter is being considered, but in justice to the great
majority of our taxpaying and assessment paying citizens, we feel this matter
should be studied for at least thirty (30) days before a change of such
magnitude is adopted.
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President Mrs . Rosalie Butler and
City Council Members
City Hall and Court I-�ouse
St. Paul, Minnesota 55102
Dear Madam President and Council Members :
The Thomas-Dale Dev�lopment Council .is greatly appreciati���
of the efforts of tllose council members �eho have worked to
brizzg about this proposed resoluti.on ror. a no assessment
policy for public improvements to residential properties in
���-i��ili;orh�od Dcvelopment Prc�gram ��r_��s .
It i5 ou.r hope that thc ��dopti�n ol tl�ii.5 R�s�luti_��n will
��r_o�-ide an incentiv�� i�o our property owners to maint��in and
repair their own individual homes .
[nlc thank you aqain fory ouur e£�or_t.s and for y�ur considera'�i,n
of the necds of our Pro j�r.�: P,r.�:a> .
Sincerel_y,
C��i �. 9/ "' ��ru�1/
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AdolF T. Tobler, Presi_clent
Thomas-Dale Development Counr_il