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95-364Return copy to: Real Estate Division 140 City Hall YHEBEAS, the Council has received an application from Eric B. Straub for specially assessing costs for a sewer connection charge (advance payment) for 1170 South Point Douglas Road, legally described as: RESOLUTION CITY OF SAfN7' PAUL, MINNESOTA Presented By Referred To Council File # 1� � �� Green Sheet # �/��-� Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 and YHSBEAS, said application meets the requirements of Section 76.031 of the City of Saint Paul Administrative Code for assessing the costs of sewer connection charges (advance payment); and Y�gEAS, the Council has fully considered and reviewed the application; now, therefore, be it BESOLYSD, that the Council of the City of Saint Paul does hereby direct and authorize the proper city of£icers to proceed with the assessment process. Requested by Department of: Adopted by Council: Date �� Adoption Certified by Council Secretary By: Appr By: Section 14, Township 28, Range 22 South 108.12 feet of North 1001.62 feet of part East of Highway 61 of SW 1/4 of SE 1/G in 14-28-22; Finance & Mana ement Services ay: ��-- �� Director Form Approved by City Attorney 1� �� BY � ,�/ �L✓�G+�E_ ����FS` Approved b� ayo���SUbmission to Council Hy:� �n-�- �s-3��J � �� i�5 -y _.. . . � DEPARTMENVOFFICE/COUNCIL DATE INITIATED (l p Finance De artmen /Rea1 Estate 3-30-95 GREEN SHEE N- 31443 CONTAC7 PEfl$ON S PHONE INIT7AVDATE INITIAVDATE O DEPABTMENTDIFECTOR � CITYCOUNdL Roxanna Flink` -266-8859 "���" �cmAnavwev `I ❑c aK NUYBERFOfl MUST BE ON COUNCIL AGE M BY (DA'I� R���NG BUDGET DIRECTOP FIN. & MGT. SERVICES DIR. April 12, 1995 �� MAVOR(ORASS15TANn f�] Council Research TOTAL # OF SIGNATUHE PAGES 1 (CLiP AlL LOCASIONS FOR SIGMATUR£) ACfVON RE��E$TED: Approve the use of assessment financing in accordance with the City of St. Paul's Administrative Code Section 76.031 for the sewer connection charges (advance payment) for property at 1170 So. Point Douglas Road. RECOMMEwDASroNS: apprwe (a/ a Reiea (A) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: __ PLANNING COMMISSION _ CWIL SERVICE COMMISSION �� Has Mis personriirm ever warketl under a coMract for YniS department? _CIBCOMMITfEE ^ YES NO A STAFF 2. Has this personffirm ever been a city employee? — — YES NO _ DISTfiICT GOUR7 � _ 3. Does lhis personfiifm possess a skill nM normall y possessetl by arry CurreM ciry employee? SUPPOflTS WHICH COUNqL OBJECTIVE? YES NO � Ward 7 Explafn all yes answers on saparate aheet antl ettach to green sheet INITIATING PpOBLEM, ISSUE, OPPORTUNITV (Who, NTat. When, Whera, Why). Owner purchased property where no assessment.was paid for a saniYary sewer. ����� APR 43 199a ADVANTAGES IF APPROVED: � Property owner will be allowed to connect Yo the sanitary sewer. DISADVANTAGES IF APPqOVED p� ��tN� -: F '� ��.:k��- � None Known. . � x� � ` �� ` :a� _ _. _ � . _.v_...-�-�-- _,„._� DISADVANTAGES IF N0T APPROVED: Petitioner wi11 not be able to move into his new home. City Council passed legislation allowing the Finance Department to assess for sewer connection charges if the property owner requested nayment be made in this manner. Petitioner has waived his rights to both a public hearing and appeal of the assessment. TOTAI AMOUNT OF TRANSACTION S Z� 231. 90 COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO Propert � sewer connection charge through property taxes FUNDIfdGSOURCE Y owner S OpClOn to pdy ACTIVITYNUMBEH FINANCIALINFOflMATION.(EXPLAIN) PIR 802-60002-6010-60002 10 years at 6.759 assessment financed. y� -�6� Date �rch 30, 1995 Mr. Peter White Real Estate Division Manager Room 140 City Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 Re: J�7o 5,��, � flutilar �d. PID NO: /`/-2 -22_ - y3 - av/o Dear Mr. White: This letter will serve as my formal request and application to begin the assessment process to collect the required sewer connection charges (advance payment) as an assessment over a period of �p years (not to exceed 10 years). I understand that simple interest at the rate of �,'�s o(as determined in accordance with Section 64.04 of the Administrative Code) and all administrative costs wi11 be added to the total cost. I also understand that one installment plus interest and administrative costs will be added to the Ramsey County property taxes each year until the assessment is paid in full. In addition, I hereby waive my rights to written notification, a public hearing and my rights to an appeal of this assessment. If you have any questions or if you need additional information, please feel free to contact me. Sincerely, �� �� ��� NT FOR COLL7sCTION OF SEWER CONNECTION CFiARGES AND WAIVER OF SPECIAL ASSESSMENT APP RAT , 1 The undersigned (is/are) the referred to as "Owner"? of pro� Saint Paul, Minnesota legally de; fee owner(s ty at I/7o S °ibed as : �/ef ter referred to as the "Subject Property" � 3 Owner enters into this agreement and waiver on behalf of himself/herself, his/her successors and assigns. Owner is developing the Subject Property for residential housing. 4. As a part of this project, Owner has petitioned the City of Saint Paul to assess the cost of sewer connection charges (advance payment), in accordance with Chapter 76.031 of the Administrative Code. 5. Owner hereby waives any and all rights he/she may have to written notification and a public hearing concerning the proposed assessment. 6. Owner has been informed that the assessment amount for the sewer connection is $ 2.2,�i�.Q� to be fully repaid at 6,�°s simple interest o'ver 10 years, and that such payments will be collected as an assessment against the Subject Property. A breakdown of these assessment costs are as follows: Sewer connection charges ................. jb 2.L(� Administrative Costs: Filing Fees .........................$ �q.,J�� Review, Processing and Collection Costs...........$ ,'�C�, o'� 7. If the assessment amount actually levied against the Subject Property is equal to the stated assessment amount, Owner hereby waives any right he/she may have to contest the validity of or appeal £rom the special assessments plus interest including any procedural or substantive rights pursuant to Chapter 13 and 14 of the Saint Paul City Charter, Minnesota Statutes Chapter 429, or any other statutes, constitutions, laws of judicial decisions of the State of Minnesota or the United States. 9.� =�� � Owner agrees on behalf of himself/herself, his/her successors or assigns that such sewer connection charges are of special benefit to the Subject Property in at least the amount of the assessment plus interest charges set forth in Paragraph 6. 3' 3� Date Subscribed to an sw9rn to this �O%' day of ��y vvj2 , 19�5 �301 "� � �' �"� O:iftii4 Pi- �i3's3 SZ Z � i�� �GT.AR1' P:%�-3C�—t';??�ES�?a"s � � YP� aRAMSEY COON73' �,SY.Carcm-ES�3ex�ar..Sdeg � 4�Y'AW`,lYV1fdYWVVV�11TeNV`'V�3tiWWVJWVW x y� ��� SEWERS AND DRAINS Chapter 76. Sewers and Drains Sec. 76.01. Payments required for cannec• tion. The d'uector of the department of public works shall not grant to any person, firm, corporation or association a permit to tap or connect with any sewer of the City of Saint Paul unless the current annual installment of any assessment for sewer construction levied against the subject land, as shown by the pertinent public records in the office of the department of f nance and management ser- vices, shall have been fully paid. (Code 1956, § 230.01) 5ec. 76.02. Limitation of assessment of bene• fits; larger tracts, comer tracts. Where a large tract of unplatted land or platted land assembled into a single tract by vacation of streets, alleys or otherwise constituting an area in excess of ten thousand (1�,QOQ1 square feet is involved, any assessment of benefits thereon for an eacisting abutting sanitary sewer, £or the pur- poses hereof, shall be deemed limited to a depth of one hundred fifty (150) feet from the front line of any such tract, and where a corner tract or platted land is involved and any such assessment of ben- efits was reduced because of such location, the assessment of benefits shall be deemed limited to the width of any such tract or pazcel or fifty i50) feet, whichever is the lesser. (Code 1956, § 23�.02; C.F. Na. 92-958, § l, 7•28-92) Sec. 76.03. Connection charge; exceptions. Where any tract of land has not been assessed for any existing abutting sanitary sewer and has been excepted from the levy of the assessment for the same, and a new sewer has not been built for which it may be assessed, no permit shall be granted to connect such tract of land with the city sanitary sewer except upon payment of a connec- tion charge in the amount of twenty dollars ($20.00) per assessable front foot to a depth of one hundred fifty (150) feet; except that where a public sewer has been built under private contract and paid for by one or more owners o£ land thereby served or provided to be served under a permit authorized by the city council, and in accordance § 76.04 with conditions specified in such permit, in any such case a permit shall be granted to connect all or any of the land which such sewer is intended to drain and which abuts on such sewer without pay- ment of a connection charge. tCode 1956, § 230.03; Ord. No. 16930, 6-10-82; Ord. No. 17488, § 1, 5-20-87; C.F. No. 92-958, § 2, 7-28-92) Sec. 76.031. Method for payment of sewer connection charges. (a) Sewer connection charges required under Section 76.03 shall be a chazge upon the property served and shall be paid in the manner set forth below. (b) The connection chazge shall be paid prior to the issuance of the permit, or, at the election of the owner, may be paid over a term of years not to exceed ten (10) yeazs. Owners electing to make installment payments shall make written appli- cation to the department of finance and manage- ment services. The application shall require that the owner agree to pay annual installments in- cluding fixed interest at a rate determined in ac- cordance with Section 64.04 of the Administra- tive Code together with all administrative costs connected with the collection and certification of the connection charge. A certified copy of the com- pleted application shall be filed with the county recorder. (c) Annual installments, including interest and administrative costs, shall be certified by the de- partment of finance to the Ramsey County De- partment of Property Records and Revenue to be collected as other ta�ces are collected against the property served. Addition payments can be made to the department of finance and management ser- vices to shorten the term of the agreement. (C.F. 92-958, § 3, 7-28-92) Sec. 76.04. Application of connection chazge5. All sewer connection charges received under the terms of this chapter shall be paid into the Per- manent Improvement Revolving Fund with such funds being applied towards the £nancing of sewer projects throughout the city. All deposits made under the terms of Section 76.01 through 76.031 Supp. No. 19 S41 ����� - �� `�� �� MEMORANDUM Date: Apri15, 1995 To: Councilmembers From: Dino Guerin Re: Suspension Item I will be bringing this resolution to the Council under suspension today, Apri15, 1995. dt is fairly self eaplanatorily. The City has had in place for the past two years a mechanism in which a properry owner can choose to have the assessment for the advance payment for sewer connection charges spread out over a period of ten years under the Administrative Code Section 76.031. Even though the ordinance has been in place, the Finance Department hadn't established a process because no one has desired to pay over a ten year period. A property owner at 1170 S. Point Douglas Road has come forward. This effort is an attempt to expedite the process so the contractor can hook up the sewer. If you have any questions call Roxanne Flink or Mark Mauer. Thanks.