95-394ORIGINAL
Presented By
Re£erred To
RESOLUTION
OF SAl1�,T PAUL, M
Council File # 9�.3s �
sreen sheet a ��O 8 j
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Committee: Date
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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 ($30.00) plus recording fees to amend a previously issued encroachment
21 permit, at the discretion of the Department of Public Works.
22
23 In addition to the fee, the applicant is responsible for any inspection costs incurred by the
24 Department of Public Works in the course of construction of the permitted encroachment per
25 Section 134.06 (b}.
Requested by Depastment o£:
Public Works ��
B j^"'" _ _
Director o ublic Works
Form Approv� by City At
Adopted by Council: Date �T ` \q�`t9� + �
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�prove� b
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r Submission to Council
Adoption Certified by Council Secretarv
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DEPAfliMENTlOFFICFJCOUNCIL DATE INITIA D
�,bi�wo�s ai,o�ss GREEN SHEET No. 16861
CON�ACTPERSON S PFIONE ��T MtT7AVDAZE
Linda Dickhut 266-6727 p�qGp ��AAT�'�ENTDIflECTOF CINCOUNqL
�wgEqwp CfTVATTOfiNEY �G7VCLERK
NUSTBEO�dCOUNCILAGFNDABY(DAT� � q�p�FTDIflECiOFi �FIN.BMGT.SERVICESDIR. /^�
�AP MAYOfl(OflASSISTANn n ( � •
TOTAL$OFSIGNATUREPAGES 1 (CLIPALLLOCATIONSFORSIGNATURE)�iV- ' Ltct., Ci�3f�'jfy
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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
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INITIATING PpOBLEM, ISSUE, OPPOfliUN17V (WHO, WHAT, WHEN, WHERE, WH1�:
Current fees for Encroachment Permits under Chapter 134 are $30, $160 and $150. Since these permits are recorded against
the property and recording fees vary depending on the permit and the property, this resolution adds the recording fees to the
cost of the permit.
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ADVANTAGESIFAPPROVED:
Will better assure fees cover our costs. More equitable for fees to reflect what they cost us.
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DISADVANTAGES IF APPROVED:
ApplicaM pays more for their permit.
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DISADVANTAGES IF NOT APPROVED:
Some permit fees woukJ not cover our recording costs.
TOTALAMOUNTOFTAANSACTION$ 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
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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