06-12-1990 Additions - Laserfiche WebLink

Home Browse Search

JUN -12- 1990 10 :04 FROM SWEENEY a BORER Thomas M. Sweeney George F. Borer Paul T. Ostrow Douglas B. Meslow TO LITTLE — CANADA Sweeney & Borer Prokssional Association. Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street St. Paul, Minnesota 55102 June 12, 1990 Mr. Joel R. Hanson City Administrator 515 Little Canada Road Little Canada, MN 55117 Re: Payment of Development Costs Our File No. 6621 Dear Joel: P.02/03 Telephone (612) 222-2541 Facsimile (612) 223-5289 Section 1004.011 of the Little Canada Code, entitled "Developer's Costs", provides as follows: "The Developer shall pay to the City all expenses incurred by the City relative to the subdivision, whether by plat, registered land survey, or otherwise, which expenses shall include, but not be limited to, expenses for engineering, planning, fiscal, and legal services. If said expenses are not paid within a reasonable time after billing by the City, the City shall certify the same as unpaid against the real property and shall collect the same in the same manner as real estate taxes are collected." Section 1008.010(b)(3) requires the payment by the subdivider to the City of all expenses incurred by the City prior to the delivery of the approved final plat. Section 1008.010(c) requires that no final plat shall be approved by the Council to be paid paid." Minn. Stat. §462.358 provides the statutory authority for the above ordinances. This statutory authority is also further implemented by the preparation of Development Agreements which specify that the Developer is to pay costs incurred by the City. The successful collection of unpaid costs or certification of unpaid costs will depend on the age of the costs and the present ownership of the subject property. A somewhat different situation exists relative to City costs pertaining to zoning issues, Minn. Stat. §462.353, Subd. 4, provides, as follows: "A municipality may prescribe fees sufficient to defray the Page 1