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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 � 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 . � r By . ' .. '��- . � � �� ���j��9 2 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 I ' . . , ,� •� ,�� � .� ,� 3 ��'id��J 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 - .`•� ` - � ' 2 � � � � \ 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 � 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 s . � f. r , � . ' �. . • 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, , ;" , , � �.s �, �� -r .�. ti .� . KEBT TIi J. FITZPATRICK City ttorney JE J. SE L Ass ant City Attorney JJS:er attach. R '� , • . �, .�i,.� � ,, 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 . . 't• ' � ���,,,,,, � , - 2 ' 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. � ., - � - ;,' _'tt: ry� � . q�, - )� • . �� i' �`�� �\ , , , ,\. , . � �� � g -,.. g q g , . .. , E, � �'�.-,f� ;�T.��``"�€"" � ?� .��.-� ,. l�����.�`•'�.. �E'_.�' ��I� I n� .� �_'��� � �k��,�,�..Pa 9`�� �+5..,,� �u 94-.s.. , , ' : �� A . � r 1 f� _�"� n�. r�_i�t� :-'t,f•f_,(_'1_ �� (.,1,. Y Jc3�1�� �L��1I �I .'i_',�iCit,i_:1 �..J� in,r. �� r�.��/- /f ���. � �. i��i� v _�� _ _ �. `� i � � � � � �"� Jantlarv 10 , 19 72 , � 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/ ��i- � AdolF T. Tobler, Presi_clent Thomas-Dale Development Counr_il