91-2038 ' ' Council File # /� � � ✓
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Green Sheet # 7��3
ORDINANCE .� �'�.°
CITY O SAINT PAU SOTA �� �� � � �
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Presented By �
Referred T Committee: Date
An ordinance amending Sections 64 . 07
and 64. 08 of the Saint Paul Administrative Code
pertaining to Deferred Assessments.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That Section 64. 07 of the Saint Paul Administrative Code is
hereby amended to read as follows:
Sec. 64 . 07 Deferred assessments generally.
Pursuant to the authority granted by Minnesota Statutes,
Section 435. 193 , any person sixty-five (65) years of age or older
or retired by virtue of a permanent and total disability for whom
it would be a hardship to make the payments, owning and
homesteading property, which property is subject to levying of a
special assessment after the effective date of this section, and
which person meets the qualifications of hardship as defined
herein, or under Section 64. 08 of this Code, may apply for and
receive deferred payment of special assessments so levied by
making application therefor to the Ramsey County Assessor in
accordance with Minnesota Statutes, Section 435. 194. Except as
otherwise defined under Section 64.08 of this code, a hardship
shall be deemed to exist when the average annual payment for all
assessments levied against the subject property exceeds one
percent of the adjusted gross income of the applicant as
evidenced by the applicant's most recent federal income tax
return. Deferred assessments shall be subject to interest at the
rate specified in Section 64 . 04 (a) and as provided in Section
64 . 05 of this Administrative Code. The option to defer payment
of special assessments shall terminate and all amounts
accumulated, including accrued interest, shall become due upon
the occurrence of any of the following events:
(a) The death of the owner; provided, that the spouse
is otherwise not eligible for the benefits
hereunder; or
(b) The sale, transfer or subdivision of the property or
any part thereof; or
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, (c) If the property should for any reason lose its �+7���
homestead status.
Section 2.
That section 64 . 08 of the Saint Paul Administrative Code is
hereby amended as follows:
Sec. 64. 08. Deferred assessment; Combined Sewer Separation
Program.
(a) Statement of purpose and findings of council. The City
of Saint Paul has undertaken an extensive program of upgrading
and separating its sewers and paving its streets as a result of a
state mandated Combined Sewer Separation Program promulgated
pursuant to ��e�--�� ,—�=e�� ' ^, �'��s ,
e-�—�-„�e�a—€e�8�. Minnesota Statutes. Sections 116. 16 and
116. 162 . Owners of homesteaded properties within an area
improved under the Combined Sewer Separation Program may be
subject to increased annual costs in the form of �}��•-�}�� storm
water utility charges, �'-^�•°�*-^M storm water drainage district
assessments, and sewer service rate surcharges together with
assessments for capital improvements made under the street paving
program necessitated by the sewer separation.
It is the finding of this council that persons sixty-five
(65) years of age or older or persons who are retired by virtue
of a permanent and total disabilitv, owning and homesteading
property typically live on limited or fixed incomes and are
therefore not able to adapt and plan for additional annual
expenses resulting from the ownership of their homestead
properties. It is further found that the inclusion of an
assessment payment for street improvements made under the street
paving in conjunction with all of the other
above referenced annual charges would create a financial hardship
for these persons.
(b) Deferred payments. For purposes of an assessment levied
as a result of the street paving program under the Combined Sewer
Separation Program, hardship shall be deemed to exist when an
owner and homesteader has attained the age of sixty-five (65)
years or older or who is retired by virtue of a permanent and
total disability. Any deferred payment of a special assessment
pursuant to this paragraph shall be for a period no longer than
twenty (20) years from the date of the approval of the request
for deferral. At the end of the twenty year period or upon the
occurrence of any of the events enumerated in Section 64.07 of
this Code, whichever occurs sooner, all unpaid amounts
accumulated, including accrued interest shall become immediately
due and payable.
Except as set forth in this section all other provisions of
Section 64 . 07 of this Code shall be applicable.
C3RI�G�INA►L � ���-����
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This ordinance shall take effect and be in force thirty (30)
days from and after its passage, approval and publication.
Yeas Nays Absent Requested by Department of:
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Adopted by Council: Date DEC 3 1991 Form Approved by City Attorney
Adoption ,C.�e,x�tified by Counc�il Secretary gy: J� �(n/�s—� �O��s Gft
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BY� " , '�� � f' � Approved by Mayor for Submission to
Approved by Ma�ior: Date ��� Council
B ��:� � �=% By:
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P���l�4Sk�'�D D�i;1 �'
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N0. 1710 3
cit councii io-28-9i GREEN SHEET
INITIAUDATE INITIAUDATE
CONTACT PERSON&PHONE �DEPARTMENT DIRECTOR �CITY COUNCIL _
Wl 1�.1 G�ICI W l 1 S 011 4 6 4 6 Ag$�dN �CITY ATTORNEY �CITY CLERK
NUMBER FOR �BUDOET DIRECTOR �FIN.&MOT.SERVICES DIR.
MUST BE ON COUNCIL AGENDA BY(DATE) ROUTIN(i
1 1�S�9 1 ORDER �MAYOR(OR ASSISTANT) �
TOTAL#OF SIGNATURE PAGES 2 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approval of an ordinance amending Chapter 64 of the Saint Paul Administrative
Code allowing property owners with permanent, total disabilities to defer
certain assessments for up to 20 years.
RECOMMENDATIONS:Approve(A)or Re)ect(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a contract for this department?
_CIB COMMITfEE _ YES NO
2. Has this person/firm ever been a city employee?
_STAFF — YES NO
_DI3TRIC7 COURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee7
3UPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain ali yes anawers on separate shaet and attach to green shset
INITIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why):
Chapter 64 of the St. Paul Administrative Code allows property owners to
defer assessments levied as a result of street paving under the Combined
Sewer Separation Program for up to 20 years when certain circumstances
exist. This amendment would extend this privilege to those owners of home-
steaded property who are retired by virtue of a permanent and total dis-
ability. This is consistent with Minnesota Statutes Sec. 435. 193 regulating
such assessments.
ADVANTAGES IF APPROVED:
This amendm�nt would assist those owners of homesteaded property who are
permanently disabled and in hardship situations to retain their property
while the city achieves its goals for sewer separation and street paving.
DISADVANTAGES IF APPROVED:
The city may have to "carry" these assessments for up to 20 years, however,
using current figures and practices it is estimated that this would be less
than one-half of one percent of the total assessable cost. �
RECEIVED
OCT29
DI3ADVANTAGES IF NOT APPROVED:
CITY CLERK
It is possible that some disabled owners of homesteaded property could lose
their home because of the cost of the assessment, the inability to pay and
the inability to defer the assessment until such time that financial
circumstances change or the property is sold.
TOTAL AMOUNT OF TRANSACTION $ _� COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN) �W
. � • •. . .
. . . . .
NOTE: COMPLETE DIHECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO. 298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent rypes of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. City Attorney
3. City Attorney � 3. Budget birector �
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights(for contracts over$50,000) 5. City Council
8. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINIS7RATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Acxountant 2. Ciry Attorney
3. Department Director 3. Mayor Assistant
4. Budget Dfrector 4. Ciry Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. Ciry Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the�of pages on which signatures are required and paperclip or flag
eech of thsse pages.
ACTION REQUESTED
Describe what the projecUrequest seeks to accomplish in either chronologi-
cal order or order of importance,whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete If the issue in question has been presented before any body, public
or prlvate.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate whlch Council objective(s)your projecUrequest supports by listing
the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the city's liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE,OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens wiii benefit from this projecUaction.
DISADVANTAQES IF APPROVED
What negative effects or major changes to existing or past processes might
this projecUrequest produce if it is passed(e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When?For how long?
DISADVANTAOES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved? Inabiliry to deliver service?Continued high traffic, noise,
accident rate?Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is it
going to cost?Who is going to pay?
. �,�'r-,�����
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;�}'`� ''`*''� CITY OF SAINT PAUL
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����1 s:�� :�g OFFICE OF THE CITY ATTORNEY
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��.'�•� JANE A. MC PEAK, CITY ATTORNEY
800 Landmark Towers
Saint Paul,Minnesota 55102
612-298-5121
JAMES SCHEIBEL FAX 612-298-5619
MAYOR
October 15, 1991
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Council President William Wilson �
saint Paul �ity �ouncil oC� � 1 iG�1
Room 719
Saint Paul City Hall
BIL�;.YYI[ILSOfy
Dear Council President Wilson:
You requested that our office draft an amendment to Saint Paul
Administrative Code 64 . 07 and 64. 08 that would provide for
deferring assessments for handicapped persons who meet the hardship
definitions set out in Code Sections 64 .07 and 64 .08.
Your letter of September 27, 1991 noted that the present form of
these two Code Sections did not appear to allow for the deferral of
assessments to persons totally disabled.
I have drafted amendments to Code Sections 64 . 07 and 64.08 which
contain language that will provide for persons who are "retired by
virtue of a permanent and total disability and for whom it would be
a hardship to make [assessment] payments" to make application for
deferral of assessments, in general, under Sectic�n 64 . 07 and for
assessments specifically under the Combined Sewer Separation
Program pursuant Section 64 . 08. This amended language is taken
directly from Minn. Stat. § 435. 193 ; the state statute that directs
local government to provide these types of deferrals.
The amended ordinance also contains some "housekeeping" changes.
These changes, found in Section 2 of the ordinance, reference the
actual state statute that authorized the Combined Sewer Separation
Program. The amendments also clarify two words by separating a
conjunction.
I would note that in your letter you had used the word
"handicapped" in describing those persons for whom you desired to
have relief. Minnesota Statute § 435. 193 does not use the word
"handicapped" to describe persons considered eligible for
assessment deferrals. Likewise, the state statutes do not contain
a helpful definition of who "handicapped" persons are.
If you have any questions or would like to see any other changes in
. . . �-�,'����
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the ordinance please contact me.
Very truly yours,
���"��
P ter W. Warner
Assistant City Attorney
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