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95-394ORIGINAL Presented By Re£erred To RESOLUTION OF SAl1�,T PAUL, M Council File # 9�.3s � sreen sheet a ��O 8 j � Committee: Date E t WHEREAS, Section 134.d5 {c) of the Saint Paui Legislative Code provides that appropriate fees 2 for Encroachment Permits shaii be established by Gouncil Resolution; and 3 4 WHEREAS, the current fee schedule adopted by Council on March 23, i 994, Council File 5#94-340 outlines three flat fees for residential, commercial, and amended Encroachment 6 Permits; and 7 8 WHEREAS, recording fees can vary greatly with each permit; now therefore 9 10 BE IT RESOLVED, that the following non-refundable fees shail be charged to help defray the 11 administrative and recording costs of issuing encroachment permits under Chapter 134 of the 12 Saint Paui Legisiative Code; 13 14 (a) One hundred dollars ($100.00) plus recording fees for encroachments on public i 5 property which adjoin one, two and three family residential properties; and 16 17 (b) One hundred fifty doliars ($150.00) plus recording fees for encroachments on public 18 property which adjan all other property uses; and 19 20 (c) Thirty dollars ($30.00) plus recording fees to amend a previously issued encroachment 21 permit, at the discretion of the Department of Public Works. 22 23 In addition to the fee, the applicant is responsible for any inspection costs incurred by the 24 Department of Public Works in the course of construction of the permitted encroachment per 25 Section 134.06 (b}. Requested by Depastment o£: Public Works �� B j^"'" _ _ Director o ublic Works Form Approv� by City At Adopted by Council: Date �T ` \q�`t9� + � � . T: � �prove� b I � : I �� r Submission to Council Adoption Certified by Council Secretarv :x- _ ° _ - ,� � 9.`i 39y ✓ DEPAfliMENTlOFFICFJCOUNCIL DATE INITIA D �,bi�wo�s ai,o�ss GREEN SHEET No. 16861 CON�ACTPERSON S PFIONE ��T MtT7AVDAZE Linda Dickhut 266-6727 p�qGp ��AAT�'�ENTDIflECTOF CINCOUNqL �wgEqwp CfTVATTOfiNEY �G7VCLERK NUSTBEO�dCOUNCILAGFNDABY(DAT� � q�p�FTDIflECiOFi �FIN.BMGT.SERVICESDIR. /^� �AP MAYOfl(OflASSISTANn n ( � • TOTAL$OFSIGNATUREPAGES 1 (CLIPALLLOCATIONSFORSIGNATURE)�iV- ' Ltct., Ci�3f�'jfy ncTaw �a�s�o Approving an increase in fees for Encroachmerrt Permits by requiring tfie permittee to pay recording fees in addition to tfie current permit fee. PFCAMMENDRTIONS:Approva(A�c�RejeCt(R� CWNqLCOMMRTEE/HESEARCMREPO T( IONAL� ( �p'� ,.f _PLANNINGCOMMISSION _CMLSEFVICECOMMISSION �1ALYST PHONENO. CIBCOMMITTEE _ �]� A SiAFF _ COMMENTS ATII _DISTRICTCOUNCIL _ SUPPORTSWHICHCOUNCILOBJECTNE? �°. �`'. � '>��" ,` .������ �e . ��h� INITIATING PpOBLEM, ISSUE, OPPOfliUN17V (WHO, WHAT, WHEN, WHERE, WH1�: Current fees for Encroachment Permits under Chapter 134 are $30, $160 and $150. Since these permits are recorded against the property and recording fees vary depending on the permit and the property, this resolution adds the recording fees to the cost of the permit. � G^G��� ADVANTAGESIFAPPROVED: Will better assure fees cover our costs. More equitable for fees to reflect what they cost us. � ��� �u��,tv.; a ,�. _,i'��7 �� i'���; � � :'3�� DISADVANTAGES IF APPROVED: ApplicaM pays more for their permit. ����� ��� `��� C 4 159�' �I a��° � ��"����� DISADVANTAGES IF NOT APPROVED: Some permit fees woukJ not cover our recording costs. TOTALAMOUNTOFTAANSACTION$ COSTlREVENUEBUDGETED(CIRCLEONE) YES No FuNOtr�c souRCe NA AqTVITY NUMBER FINANCIAL INFORMATION: fEXPUIINI March 10, 1995 Chapter y34 Background: 9� 39� Chapter 134, Projections and Encroachments, adopted by City Council 3-23-94, allows administrative approvai of most routine requests for structures in the public right-of-way which are requested by adjacent property owners and where vacation of the area is undesirable. Chapter 134 aiso enables us to eliminate the permanent bond and insurance requirement, and record the permit against the property instead. Encroachments include sidewalk trapdoors, under sidewaik vault areas, steps, railings and private communication cables connecting two buildings across a pubiic street. The current fee schedule approved 3-24-94 is: $ 30.00 100.00 150.00 To amend a previously issued permit For 1, 2, and 3 family residential property For all other property uses Recording on abstract costs the City $19.50 per permit, and recording on torrens property costs $19.50 per torrens certificate. Our $30.00 fee is not always sufficient to cover recording costs. Some permits have to be recorded on both abstract and torrens. Some are multiple torrens certificates. Therefore, we are proposing to retain the current fees to cover administrative costs, but add recording costs. Proposed fees are: $ 30.00 + recording costs 100.00 + recording costs 150.00 + recording costs To amend a permit For 1, 2 and 3 family residentiai property For all other property uses LD TO: FROM: RE: DATE: � �;� CITY OF SAINT PAUL INTERDEPARTMENTAI MEMORANDUM Stacy Becker 600 City Hali Annex Linda Dickhut�� 800 City Hali�Annex Ch. 134, Encroachment Permit Fees March 24, 1995 �z � �: ii ',''7 '= - � J L u ; E� �� - �_e_�_,-:: i ,? -- "-� , i _: �_ - - -- q� 35� Chapter 134 is a new ordinance adopted in 1994 which eliminates the property owner's requirement for bond and insurance and aliows administrative approval of a broader range of encroachments requested by adjacent property owners. Chapter ��� 134 repiaces the old Chapter 121, a process which took neariy two years to complete. There is nat a large amount af revenue generated by these permits since we estimate only about 10 to 12 n ew encroachment requests will be permitted annuaily. In response to your questions about increasing the encroachment permit faes: 1. What prompted the increase was the fact that we just started recording these permits with Ramsey County in January 1995. The county's recording fees increased from $17.50 in 1994 to $19.50 in 1995. Also, once we started recording these permits, we realized the recording fees can vary greatiy if the property is torrens. Therefore, we want to directiy pass on ali recording fees to the property owner, whether it's $19.50 or $78.00. 2. Property owners wiil be saving around $150.00 annuaily for each bond they can cancel. We have record of approximatefy 700 bonds we can cancel for existing encroachments. Total estimated savings to property owners is approximately $105,000 annually. 3. We have streamlined the process by a((owing more requests to be handfed administrative(y and by eliminating the continual correspondence with property owners needed to enforce maintenance of current bond and insurance. a. Many requests used to require a separate City Council ordinance which was a three month process. Now permit approval is approximately 3 weeks. b. We used to annuaily notify property owners about expired insurance certificates. We also had to get bond and insurance certificates from new property owners every time the property changed hands. Moniforing continuous bond and insurance coverage has been extremely difficult, very time consuming and basicaliy unenfiorceable. By rscording the permits, any routine title search when the property is changing hands wili reveal the permitted encroachment and the property owners responsibilities. LD