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97-884CITY OF ST. PAIIL FINAL ORDSR In the Matter main/connections Worcester Ave. under Preliminary COUNCI FILE NO 6 J �� BY � S � 3 FILE NO. _18 9 18839-W � VOTING WARD 3 of Construction of a sanitary sewer in Return Court from Worcester Ave to a �� \ � D'� � � �' �� \� The Council of the City of above improvement, due notice t Charter; and WHEREAS, The Council has pertaining to said proposed ii therefore, be it � ytions and water 180 feet south of Paul has conducted a public hearing upon the having been given as prescribed by the City all persons, objections and recommendations �nt and has fully considered the same; now, RESOLVED, That the Coun il of the City of Saint Paul does hereby order that the above-described improvement e made, and the proper City officers are hereby directed and authorized to proceed ith the improvement; and be it FURTHER RESOLVED officers shall calcule the City Council in a COUNCILPERSONS Yeas Nz Blakey Bostrom Collins Harris Megard Morton Thune iat upon the completion of said improvement, the proper City all e�enses incurred therein and shall report the same to �dance with Chapter 14 of the City Charter. Adopted by Council: Date Certified Passed by Council Secretary _In Favor By _Against Mayor tN� �4.d5� �� 9 I 99 T.M.S./REAL ESTATE DIVISION Da�� e��' � Green Sheet Number: 39967 EPAKfb�l'f DIREC'POR CI1Y COUNCII, tact Petson and Phone Nmnber: .�ww �,+ti AITORNEY CLIIL% Peter White 266-8853 °� IIDGET DII2ECTOR .& MGT. SVC. DIR. fAYOR (OR ASSISTANT) 1 OUNCII, RESEARCH ust be on Council Agenda by: J u t y 2/ 94 7 OTAL B OF SIGNATURE PAGES (CLIP AL7. IACATIONS FOR SIGNATURE) GTION REQUESl'ED: ublic Hearing for the construation of a sanitary sewer, water main and service connections in Return Court. ile No. 18839 & 18839-W COMhfENDATIONS: APPROVE (A) OR REJECT (R) ER.SONAL SERVICE CONTRACTS MUST ANSK'ER THE FOLIAWING: 1. Has the person/firm ever worked under a wntract for this deperhnent? YFS NO r�a�vivwc co�nsscoN A sra�m . Elas this person/firm ever been a CiTy employee? YFS NO CryI1, SERVICE COhllWSSION . Does Utis persoNi'�rm possess a s{dll not nonnaQy possessed by any YES NO current City employee? cm coNU.nn•ee E lain ell YES answers on a se ate Sheet and attach. S(JPPORTS WHICH COUNCIL OBJECTIVE? Neighborhoods WUNCIL WARD(S� 3 DTSfRICT PLANIVING COUNCIL 15 IIVITIATTNG PROBLEM, ISSUE, OPPORTilNI1'Y (4Vho, Wliat, Wheq 4Vhere, 4Vh}�'): Petition has been received to construct sanitary sewer/water main in Return Court in oxder to develop 2 parcels of property. DVANTAGES IF APPROVED: Petitioner/property owners will be able to develop the property. ISADVANTAGES IF APPROVED: Petitioner(property owners will have assessments payable via property taxes. ISADVANTAGES IF NOT APPROVED: Petitioner/property owners will not be able to develop the property. OTAL AMOUNI' OF TRANSACTION: �S ` 4 8� 4 O O CO5f/REVENITE BUDGETED (CIRCLE ONE) YES NO ING SOURCE: ACTIVITY NUMBER: ANCIAL INFORI�IATION: (EXPLAII� $30�700 ASSESSMENTS $17,700 CITY AID (gsremma) ( /1 I L V 1 FILE NOS. 18839 AND 18839-W WATER/ WATER SAIVITARY S'�WER D�AIN SEWER CONNS TOTAL Totai Estimated Expenditures $7,000 $35,400 $6,000 $48,400 Assessments $7 $17,700 $6 $30,700 Ciry Aid $ 0 $17,700 $ 0 $17,700 Total Estimated Financing $7,000 $35,400 $6,000 $48,400 The assessable amounts will be divided equally among the 2 lots. For the water main, each lot wili be assessed $3,500 and $1,750 for each connection. For the sanitary sewer, each lot will be assessed $8,850 and $1,250 for each connection. Total amount for each lot is $15,350. For construction questions, please call 266-6149 (sanitary sewer) or 266-6273 (water main). � �• '�"` �. .. � ,r „ ,,,/ � , ,�.-„ ., ,.. .,.. '` C. � . W t•0 t.u tiD � i� 7� a y_ Gp� _ Clilirv Uil �(x) Um.'}] � pn 7 ��+ . MO RGA i ,.��..� I I�IL �Lic 1� l�; !/i] i� rs_ if:m `` qr3 '� pca . I � I li2)e` 2f If Li I � i � �` x' � : � ��nb � •o �Sl� �') � �� I . "'IF• re � . C ` ' � � t -. ' ' u i I t� Ie j � ! f . I i, y Y.f r. e+' � - �` 1 , � ' !�` � � • MORGAN • AVE. =. � �.>s �� ' <v` � � ��a -, d: � ..... ...... � ��. � n� u � 1t S� � i ..i �' ` ( ' • f 2 , . ,. � .� Pq Go C� C�r (>� �S.v . (sd>; (5s} Cc�>. C> (s') , � �n� � � � � :�. � ' C' y <7r (v) a 4 S 6 7 J )=' !a c /f � tt c q= 11 '; O ,. � `� i � �Si 'tl�f �tJ� }e G (rt7 4 � �� 0.2�� Z 1 Z(e)e " ' ' " JI �` ' z J1 �� •� _ ° . �� (zq g L , � : . .. I (%� «� �s' Uv '��. ..,�' t. ,a , �> > � � �, �� 2i 2S 24 L3: iz' , _ i� _ q . (:.) � °� ° `°�'•' �Op� �C� �u) Q � �t • 1 ( ��') (cU �� Ccv ��.) .r_ (�9� (cs) �, , �.,. • e�oo - io e � . , n u �.�„ `'�• �` sz,t , � ,e " A � : ��db tro r �f ,Z � WORCESTER Zr-�-L� . ,•, '• c� ,c��°= � - _ fr ; -. ! � � � y1 4 �S) nln ''( � '� y `� ` �� (+1) � � 1 �1 , 1 V 1� V1= •h ` 1' ;�� +�� 2 �. +q i �1 '� . J �i � •' . i � � /c� 2 (] � . �. '� "� ' � �`�J _ le � 1/ = lz:' i3 1' li ' lf � �ui [� �,.,. 3, 4�, ,A. � t � i � i �� t�� C�~; �ao� �*'-� 1Y �d°� n:oa sJ,n il°�• �� ;�101 t�i�f 1��,- ��0>) �` 9-0� •:da)� Ja1 n.� �n ur!�i ____� w . t __�____ _•� • �y eK lnr l f �0' �. ':; y �.. �� i� REG. LPND Sl1RVEY ia ( � // lr..<� � (mSJ 27(W A (�.w) !((tENlk �� c�m) B td0. 497 so� �,i.vE ' usa7 C k1,&v � k. � i.i.�. --.._ . .. . . � _ � . � -' t :.p` 'rr; �r: �« ir� is` u; a;'u_ io� �� ; r' �' r p 2a f /,-� �'(io�)i iisn 4e� s� � �) Du1 .�M�) O9 b0 :a� �9J tin .1.) iu� (ol �t y V" �..• <ni � z��b„' ; '� FIELD � . � _ _ . . J. _ . - N - - - -. 1„ , ZL GDO4 � II lJ /� �S� �! /j �L /� /D .9 8 % � .f 'l vi .. IJ �aq �>'D (iv.) C�r�) (ir) ��s9 fsa) (iv� 6M ::q (ize) Oz.> l�a.l (�x� Cuq �it ri ir � �: r: � � I I S � � ; � j( � ; 1+ 'U �:. W N . _ �n . ._ . s, » >.� �. � �: �� „ 2: zi �.. �� ;�� .5J L � RY. Soo t � '� � C�m ,. �a�: �� !. � 3 z ..��,� � No t. t w>T E .. f„�� .-, � �� - S6� Interdepartmentai Memorandum �J CITY OF SAINT PAUL ___.. DATE: June 23, 1997 TO: FROM: � Council Member Mike Harris Peter Warner, CAO �� r �{ / l � . RECEIVED JUN 2 4 1997 MICHAEL HARRIS June 11, 1997, Agenda Item No. 42: Final Order - 97-672. In the matter of construction of a sanitary and water connections in Return Court from Worcester Avenue and in Return Court from Field Avenue. This matter was scheduled for a public hearing before the City Council on June 11, 1997. The Council Minutes for June 11, 1997 were published June 12, 1997, and indicate that the mattex was "withdrawn" without a public hearing. The withdrawal of the Final Order in this matter was brought to my attention by the Department of Technology and Management Services. The purpose of this memo is to note the possible consequences of withdrawing a Final Order by providing a background analysis of the Saint Paul City Charter which provides for the conshvction of public improvements by petition. Saint Paul City Charter § 13.031 states in pertinent part "Improvements ... shall originate upon pe6tion of the property owners affected ...." The same Charter section further provides that "[be]fore adopting the final order provided herein, the council shall, by resolution entiUed "preliminary order", set a rime and place far a public hearing thereon twenty (20) days after the passage ... and approval ... of the resolution". (Emphasis added) The language of Charter § 13.03.1 entitled "Preliminary arder" creates a duty on the part of the City to conduct a public hearing on any improvement petition. Even though the Charter is silent as to when the consideration of an unprovement petition may be "withdrawn", the Charter is nevertheless cleaz thaz there shall be a public hearing on all improvement petifions. Therefore, absent some affumarion by or on the part of the pefitioner that the petitioner no longer desired the improvement, the "withdrawal" of the petition could expose the City to some type of liabiliry. For example, the peritioner might allege that the "withdrawal" of the hearing on his ,w �1 Memo Council Member Harris June 23, 1997 page 2 petition denied his right to procedural due process. The petition could thereby seek to compel the City to construct the desired improvement. The petitioner might also allege that the "withdrawal" of his petition damaged him and that the City must pay hixn for the damages resulting from the delay. These possibilities aze listed only to illustrate that the petitioner could in the future attempt to exercise his legal rights as a result of the withdrawn petition. The above analysis is not to suggest that the City must approve the petitioner's request. Saint Paul City Charter § 13.03.2, enriUed "Hearing - Final Order", states "At the hearing, ... the council shall hear all interested persons. It may thereafter discontinue, modify or adopt the proposal by a resolution entitled "final order". (Emphasis added} This charter pxovision provides the Council with the authority to approve or disapprove a petition for the conshuction of a public improvement. The language of the charter provision certainly gives the Council a wide latitude of choices in making a decision to approve or disapprove an improvement petition. In light of the obligation to conduct a public hearing on all improvement petitions, I would recoxnmend that Council File No. 97-b72 be reinstated on a Public Hearing Agenda far the purpose of conducting a public hearing and passage of a"final order" resolution as required by law. If you have any questions, please do not hesitate to contact me. PW W. CITY OF ST. PAIIL FINAL ORDSR In the Matter main/connections Worcester Ave. under Preliminary COUNCI FILE NO 6 J �� BY � S � 3 FILE NO. _18 9 18839-W � VOTING WARD 3 of Construction of a sanitary sewer in Return Court from Worcester Ave to a �� \ � D'� � � �' �� \� The Council of the City of above improvement, due notice t Charter; and WHEREAS, The Council has pertaining to said proposed ii therefore, be it � ytions and water 180 feet south of Paul has conducted a public hearing upon the having been given as prescribed by the City all persons, objections and recommendations �nt and has fully considered the same; now, RESOLVED, That the Coun il of the City of Saint Paul does hereby order that the above-described improvement e made, and the proper City officers are hereby directed and authorized to proceed ith the improvement; and be it FURTHER RESOLVED officers shall calcule the City Council in a COUNCILPERSONS Yeas Nz Blakey Bostrom Collins Harris Megard Morton Thune iat upon the completion of said improvement, the proper City all e�enses incurred therein and shall report the same to �dance with Chapter 14 of the City Charter. Adopted by Council: Date Certified Passed by Council Secretary _In Favor By _Against Mayor tN� �4.d5� �� 9 I 99 T.M.S./REAL ESTATE DIVISION Da�� e��' � Green Sheet Number: 39967 EPAKfb�l'f DIREC'POR CI1Y COUNCII, tact Petson and Phone Nmnber: .�ww �,+ti AITORNEY CLIIL% Peter White 266-8853 °� IIDGET DII2ECTOR .& MGT. SVC. DIR. fAYOR (OR ASSISTANT) 1 OUNCII, RESEARCH ust be on Council Agenda by: J u t y 2/ 94 7 OTAL B OF SIGNATURE PAGES (CLIP AL7. IACATIONS FOR SIGNATURE) GTION REQUESl'ED: ublic Hearing for the construation of a sanitary sewer, water main and service connections in Return Court. ile No. 18839 & 18839-W COMhfENDATIONS: APPROVE (A) OR REJECT (R) ER.SONAL SERVICE CONTRACTS MUST ANSK'ER THE FOLIAWING: 1. Has the person/firm ever worked under a wntract for this deperhnent? YFS NO r�a�vivwc co�nsscoN A sra�m . Elas this person/firm ever been a CiTy employee? YFS NO CryI1, SERVICE COhllWSSION . Does Utis persoNi'�rm possess a s{dll not nonnaQy possessed by any YES NO current City employee? cm coNU.nn•ee E lain ell YES answers on a se ate Sheet and attach. S(JPPORTS WHICH COUNCIL OBJECTIVE? Neighborhoods WUNCIL WARD(S� 3 DTSfRICT PLANIVING COUNCIL 15 IIVITIATTNG PROBLEM, ISSUE, OPPORTilNI1'Y (4Vho, Wliat, Wheq 4Vhere, 4Vh}�'): Petition has been received to construct sanitary sewer/water main in Return Court in oxder to develop 2 parcels of property. DVANTAGES IF APPROVED: Petitioner/property owners will be able to develop the property. ISADVANTAGES IF APPROVED: Petitioner(property owners will have assessments payable via property taxes. ISADVANTAGES IF NOT APPROVED: Petitioner/property owners will not be able to develop the property. OTAL AMOUNI' OF TRANSACTION: �S ` 4 8� 4 O O CO5f/REVENITE BUDGETED (CIRCLE ONE) YES NO ING SOURCE: ACTIVITY NUMBER: ANCIAL INFORI�IATION: (EXPLAII� $30�700 ASSESSMENTS $17,700 CITY AID (gsremma) ( /1 I L V 1 FILE NOS. 18839 AND 18839-W WATER/ WATER SAIVITARY S'�WER D�AIN SEWER CONNS TOTAL Totai Estimated Expenditures $7,000 $35,400 $6,000 $48,400 Assessments $7 $17,700 $6 $30,700 Ciry Aid $ 0 $17,700 $ 0 $17,700 Total Estimated Financing $7,000 $35,400 $6,000 $48,400 The assessable amounts will be divided equally among the 2 lots. For the water main, each lot wili be assessed $3,500 and $1,750 for each connection. For the sanitary sewer, each lot will be assessed $8,850 and $1,250 for each connection. Total amount for each lot is $15,350. For construction questions, please call 266-6149 (sanitary sewer) or 266-6273 (water main). � �• '�"` �. .. � ,r „ ,,,/ � , ,�.-„ ., ,.. .,.. '` C. � . W t•0 t.u tiD � i� 7� a y_ Gp� _ Clilirv Uil �(x) Um.'}] � pn 7 ��+ . MO RGA i ,.��..� I I�IL �Lic 1� l�; !/i] i� rs_ if:m `` qr3 '� pca . I � I li2)e` 2f If Li I � i � �` x' � : � ��nb � •o �Sl� �') � �� I . "'IF• re � . C ` ' � � t -. ' ' u i I t� Ie j � ! f . I i, y Y.f r. e+' � - �` 1 , � ' !�` � � • MORGAN • AVE. =. � �.>s �� ' <v` � � ��a -, d: � ..... ...... � ��. � n� u � 1t S� � i ..i �' ` ( ' • f 2 , . ,. � .� Pq Go C� C�r (>� �S.v . (sd>; (5s} Cc�>. C> (s') , � �n� � � � � :�. � ' C' y <7r (v) a 4 S 6 7 J )=' !a c /f � tt c q= 11 '; O ,. � `� i � �Si 'tl�f �tJ� }e G (rt7 4 � �� 0.2�� Z 1 Z(e)e " ' ' " JI �` ' z J1 �� •� _ ° . �� (zq g L , � : . .. I (%� «� �s' Uv '��. ..,�' t. ,a , �> > � � �, �� 2i 2S 24 L3: iz' , _ i� _ q . (:.) � °� ° `°�'•' �Op� �C� �u) Q � �t • 1 ( ��') (cU �� Ccv ��.) .r_ (�9� (cs) �, , �.,. • e�oo - io e � . , n u �.�„ `'�• �` sz,t , � ,e " A � : ��db tro r �f ,Z � WORCESTER Zr-�-L� . ,•, '• c� ,c��°= � - _ fr ; -. ! � � � y1 4 �S) nln ''( � '� y `� ` �� (+1) � � 1 �1 , 1 V 1� V1= •h ` 1' ;�� +�� 2 �. +q i �1 '� . J �i � •' . i � � /c� 2 (] � . �. '� "� ' � �`�J _ le � 1/ = lz:' i3 1' li ' lf � �ui [� �,.,. 3, 4�, ,A. � t � i � i �� t�� C�~; �ao� �*'-� 1Y �d°� n:oa sJ,n il°�• �� ;�101 t�i�f 1��,- ��0>) �` 9-0� •:da)� Ja1 n.� �n ur!�i ____� w . t __�____ _•� • �y eK lnr l f �0' �. ':; y �.. �� i� REG. LPND Sl1RVEY ia ( � // lr..<� � (mSJ 27(W A (�.w) !((tENlk �� c�m) B td0. 497 so� �,i.vE ' usa7 C k1,&v � k. � i.i.�. --.._ . .. . . � _ � . � -' t :.p` 'rr; �r: �« ir� is` u; a;'u_ io� �� ; r' �' r p 2a f /,-� �'(io�)i iisn 4e� s� � �) Du1 .�M�) O9 b0 :a� �9J tin .1.) iu� (ol �t y V" �..• <ni � z��b„' ; '� FIELD � . � _ _ . . J. _ . - N - - - -. 1„ , ZL GDO4 � II lJ /� �S� �! /j �L /� /D .9 8 % � .f 'l vi .. IJ �aq �>'D (iv.) C�r�) (ir) ��s9 fsa) (iv� 6M ::q (ize) Oz.> l�a.l (�x� Cuq �it ri ir � �: r: � � I I S � � ; � j( � ; 1+ 'U �:. W N . _ �n . ._ . s, » >.� �. � �: �� „ 2: zi �.. �� ;�� .5J L � RY. Soo t � '� � C�m ,. �a�: �� !. � 3 z ..��,� � No t. t w>T E .. f„�� .-, � �� - S6� Interdepartmentai Memorandum �J CITY OF SAINT PAUL ___.. DATE: June 23, 1997 TO: FROM: � Council Member Mike Harris Peter Warner, CAO �� r �{ / l � . RECEIVED JUN 2 4 1997 MICHAEL HARRIS June 11, 1997, Agenda Item No. 42: Final Order - 97-672. In the matter of construction of a sanitary and water connections in Return Court from Worcester Avenue and in Return Court from Field Avenue. This matter was scheduled for a public hearing before the City Council on June 11, 1997. The Council Minutes for June 11, 1997 were published June 12, 1997, and indicate that the mattex was "withdrawn" without a public hearing. The withdrawal of the Final Order in this matter was brought to my attention by the Department of Technology and Management Services. The purpose of this memo is to note the possible consequences of withdrawing a Final Order by providing a background analysis of the Saint Paul City Charter which provides for the conshvction of public improvements by petition. Saint Paul City Charter § 13.031 states in pertinent part "Improvements ... shall originate upon pe6tion of the property owners affected ...." The same Charter section further provides that "[be]fore adopting the final order provided herein, the council shall, by resolution entiUed "preliminary order", set a rime and place far a public hearing thereon twenty (20) days after the passage ... and approval ... of the resolution". (Emphasis added) The language of Charter § 13.03.1 entitled "Preliminary arder" creates a duty on the part of the City to conduct a public hearing on any improvement petition. Even though the Charter is silent as to when the consideration of an unprovement petition may be "withdrawn", the Charter is nevertheless cleaz thaz there shall be a public hearing on all improvement petifions. Therefore, absent some affumarion by or on the part of the pefitioner that the petitioner no longer desired the improvement, the "withdrawal" of the petition could expose the City to some type of liabiliry. For example, the peritioner might allege that the "withdrawal" of the hearing on his ,w �1 Memo Council Member Harris June 23, 1997 page 2 petition denied his right to procedural due process. The petition could thereby seek to compel the City to construct the desired improvement. The petitioner might also allege that the "withdrawal" of his petition damaged him and that the City must pay hixn for the damages resulting from the delay. These possibilities aze listed only to illustrate that the petitioner could in the future attempt to exercise his legal rights as a result of the withdrawn petition. The above analysis is not to suggest that the City must approve the petitioner's request. Saint Paul City Charter § 13.03.2, enriUed "Hearing - Final Order", states "At the hearing, ... the council shall hear all interested persons. It may thereafter discontinue, modify or adopt the proposal by a resolution entitled "final order". (Emphasis added} This charter pxovision provides the Council with the authority to approve or disapprove a petition for the conshuction of a public improvement. The language of the charter provision certainly gives the Council a wide latitude of choices in making a decision to approve or disapprove an improvement petition. In light of the obligation to conduct a public hearing on all improvement petitions, I would recoxnmend that Council File No. 97-b72 be reinstated on a Public Hearing Agenda far the purpose of conducting a public hearing and passage of a"final order" resolution as required by law. If you have any questions, please do not hesitate to contact me. PW W. CITY OF ST. PAIIL FINAL ORDSR In the Matter main/connections Worcester Ave. under Preliminary COUNCI FILE NO 6 J �� BY � S � 3 FILE NO. _18 9 18839-W � VOTING WARD 3 of Construction of a sanitary sewer in Return Court from Worcester Ave to a �� \ � D'� � � �' �� \� The Council of the City of above improvement, due notice t Charter; and WHEREAS, The Council has pertaining to said proposed ii therefore, be it � ytions and water 180 feet south of Paul has conducted a public hearing upon the having been given as prescribed by the City all persons, objections and recommendations �nt and has fully considered the same; now, RESOLVED, That the Coun il of the City of Saint Paul does hereby order that the above-described improvement e made, and the proper City officers are hereby directed and authorized to proceed ith the improvement; and be it FURTHER RESOLVED officers shall calcule the City Council in a COUNCILPERSONS Yeas Nz Blakey Bostrom Collins Harris Megard Morton Thune iat upon the completion of said improvement, the proper City all e�enses incurred therein and shall report the same to �dance with Chapter 14 of the City Charter. Adopted by Council: Date Certified Passed by Council Secretary _In Favor By _Against Mayor tN� �4.d5� �� 9 I 99 T.M.S./REAL ESTATE DIVISION Da�� e��' � Green Sheet Number: 39967 EPAKfb�l'f DIREC'POR CI1Y COUNCII, tact Petson and Phone Nmnber: .�ww �,+ti AITORNEY CLIIL% Peter White 266-8853 °� IIDGET DII2ECTOR .& MGT. SVC. DIR. fAYOR (OR ASSISTANT) 1 OUNCII, RESEARCH ust be on Council Agenda by: J u t y 2/ 94 7 OTAL B OF SIGNATURE PAGES (CLIP AL7. IACATIONS FOR SIGNATURE) GTION REQUESl'ED: ublic Hearing for the construation of a sanitary sewer, water main and service connections in Return Court. ile No. 18839 & 18839-W COMhfENDATIONS: APPROVE (A) OR REJECT (R) ER.SONAL SERVICE CONTRACTS MUST ANSK'ER THE FOLIAWING: 1. Has the person/firm ever worked under a wntract for this deperhnent? YFS NO r�a�vivwc co�nsscoN A sra�m . Elas this person/firm ever been a CiTy employee? YFS NO CryI1, SERVICE COhllWSSION . Does Utis persoNi'�rm possess a s{dll not nonnaQy possessed by any YES NO current City employee? cm coNU.nn•ee E lain ell YES answers on a se ate Sheet and attach. S(JPPORTS WHICH COUNCIL OBJECTIVE? Neighborhoods WUNCIL WARD(S� 3 DTSfRICT PLANIVING COUNCIL 15 IIVITIATTNG PROBLEM, ISSUE, OPPORTilNI1'Y (4Vho, Wliat, Wheq 4Vhere, 4Vh}�'): Petition has been received to construct sanitary sewer/water main in Return Court in oxder to develop 2 parcels of property. DVANTAGES IF APPROVED: Petitioner/property owners will be able to develop the property. ISADVANTAGES IF APPROVED: Petitioner(property owners will have assessments payable via property taxes. ISADVANTAGES IF NOT APPROVED: Petitioner/property owners will not be able to develop the property. OTAL AMOUNI' OF TRANSACTION: �S ` 4 8� 4 O O CO5f/REVENITE BUDGETED (CIRCLE ONE) YES NO ING SOURCE: ACTIVITY NUMBER: ANCIAL INFORI�IATION: (EXPLAII� $30�700 ASSESSMENTS $17,700 CITY AID (gsremma) ( /1 I L V 1 FILE NOS. 18839 AND 18839-W WATER/ WATER SAIVITARY S'�WER D�AIN SEWER CONNS TOTAL Totai Estimated Expenditures $7,000 $35,400 $6,000 $48,400 Assessments $7 $17,700 $6 $30,700 Ciry Aid $ 0 $17,700 $ 0 $17,700 Total Estimated Financing $7,000 $35,400 $6,000 $48,400 The assessable amounts will be divided equally among the 2 lots. For the water main, each lot wili be assessed $3,500 and $1,750 for each connection. For the sanitary sewer, each lot will be assessed $8,850 and $1,250 for each connection. Total amount for each lot is $15,350. For construction questions, please call 266-6149 (sanitary sewer) or 266-6273 (water main). � �• '�"` �. .. � ,r „ ,,,/ � , ,�.-„ ., ,.. .,.. '` C. � . W t•0 t.u tiD � i� 7� a y_ Gp� _ Clilirv Uil �(x) Um.'}] � pn 7 ��+ . 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Soo t � '� � C�m ,. �a�: �� !. � 3 z ..��,� � No t. t w>T E .. f„�� .-, � �� - S6� Interdepartmentai Memorandum �J CITY OF SAINT PAUL ___.. DATE: June 23, 1997 TO: FROM: � Council Member Mike Harris Peter Warner, CAO �� r �{ / l � . RECEIVED JUN 2 4 1997 MICHAEL HARRIS June 11, 1997, Agenda Item No. 42: Final Order - 97-672. In the matter of construction of a sanitary and water connections in Return Court from Worcester Avenue and in Return Court from Field Avenue. This matter was scheduled for a public hearing before the City Council on June 11, 1997. The Council Minutes for June 11, 1997 were published June 12, 1997, and indicate that the mattex was "withdrawn" without a public hearing. The withdrawal of the Final Order in this matter was brought to my attention by the Department of Technology and Management Services. The purpose of this memo is to note the possible consequences of withdrawing a Final Order by providing a background analysis of the Saint Paul City Charter which provides for the conshvction of public improvements by petition. Saint Paul City Charter § 13.031 states in pertinent part "Improvements ... shall originate upon pe6tion of the property owners affected ...." The same Charter section further provides that "[be]fore adopting the final order provided herein, the council shall, by resolution entiUed "preliminary order", set a rime and place far a public hearing thereon twenty (20) days after the passage ... and approval ... of the resolution". (Emphasis added) The language of Charter § 13.03.1 entitled "Preliminary arder" creates a duty on the part of the City to conduct a public hearing on any improvement petition. Even though the Charter is silent as to when the consideration of an unprovement petition may be "withdrawn", the Charter is nevertheless cleaz thaz there shall be a public hearing on all improvement petifions. Therefore, absent some affumarion by or on the part of the pefitioner that the petitioner no longer desired the improvement, the "withdrawal" of the petition could expose the City to some type of liabiliry. For example, the peritioner might allege that the "withdrawal" of the hearing on his ,w �1 Memo Council Member Harris June 23, 1997 page 2 petition denied his right to procedural due process. The petition could thereby seek to compel the City to construct the desired improvement. The petitioner might also allege that the "withdrawal" of his petition damaged him and that the City must pay hixn for the damages resulting from the delay. These possibilities aze listed only to illustrate that the petitioner could in the future attempt to exercise his legal rights as a result of the withdrawn petition. The above analysis is not to suggest that the City must approve the petitioner's request. Saint Paul City Charter § 13.03.2, enriUed "Hearing - Final Order", states "At the hearing, ... the council shall hear all interested persons. It may thereafter discontinue, modify or adopt the proposal by a resolution entitled "final order". (Emphasis added} This charter pxovision provides the Council with the authority to approve or disapprove a petition for the conshuction of a public improvement. The language of the charter provision certainly gives the Council a wide latitude of choices in making a decision to approve or disapprove an improvement petition. In light of the obligation to conduct a public hearing on all improvement petitions, I would recoxnmend that Council File No. 97-b72 be reinstated on a Public Hearing Agenda far the purpose of conducting a public hearing and passage of a"final order" resolution as required by law. If you have any questions, please do not hesitate to contact me. PW W.