HomeMy WebLinkAbout4H - Payment of Property Taxes
AGENDA #:
PREP ARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
ISSUES:
STAFF AGENDA REPORT
4H
DONALD RYE, PLANNING DIRECTOR
CONSIDER AMENDMENT TO THE PRIOR LAKE
CITY CODE RELATING TO THE PAYMENT OF
T AXES AND RELATED FEES AS A
PRECONDITION TO PERMIT ISSUANCE OR
OTHER OFFICIAL CONTROL
AUGUST 19, 1996
At the August 5th meeting, the City Council considered
this item and heard comments from a developer regarding
the advisability of adopting this provision.
Following some discussion, Council deferred action on the
request and asked staff to develop language which would
adopt this provision in principle, but would allow an
applicant to file a request for permit, zoning or subdivision
approval with approval contingent upon payment of
delinquent taxes or fees.
This provision would apply to subdivisions, zoning
changes, variances, conditional use permits and appeals
from administrative decisions. While variances, conditional
use permits and subdivisions frequently have conditions
attached to their approval, it has been fairly well
established as a matter of law that conditions cannot be
attached to zoning changes. The question relative to zoning
changes is whether the statute authorizing a city to refuse to
accept an application because of delinquent taxes allows
conditions to be attached to zoning changes. The City
Attorney has reviewed this question and has concluded that
the language in the new statute does allow payment of
delinquent taxes or fees to be a condition of a zoning or
land use approval.
The issue here is whether applicants, including developers
subdividing property, should be issued City approval,
either outright or contingent, if there are delinquent taxes or
fees associated with the property in question. In the case of
16200 E~~~~%'e. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
a subdivision, the taxes must be paid before recording.
There is no such requirement for other approvals.
It appears Council may want some discretion that
delinquent taxes and fees do not need to be collected before
consideration is given to an approval as discussed above.
The attached ordinance language is intended to address the
position reached by the Council at the last meeting.
ALTERNATIVES: 1. Approve Ordinance 96-19
2. Deny ordinance 96-19
3. Refer to staff or planning commission for further
consideration.
RECOMMENDATION: Alternative 1 is consistent with the direction provided by
the City Council.
ACTION REQUIRED: Motion and second to adopt ordinance 96-19
Reviewed By: Frank Boyles, City Manager
T AXES2.DOC/CC
2
CITY OF PRIOR LAKE
ORDINANCE NO. 96-19
AN ORDINANCE AMENDING SECTION 1-14-1 OF PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain:
Section 1-14-1 of the Prior Lake City Code is hereby amended to read as
follows:
CERTIFY TAXES PAID:
a) The City of Prior Lake requires, as part of the necessary information on an
application, and as a condition of a grant of approval that an applicant for an
amendment to an official control established pursuant to Minnesota Statute
sections 462.351 to 462.364, or for a permit or oth.er approval required under
an official control established pursuant to those sections, to certify that there
are no delinquent property taxes, special assessments, penalties, interest,
and municipal utility fees due on the parcel to which the application relates. In
the case of taxes, assessments, penalties and interest, the certification shall
consist of a statement from the Scott County Assessor. Property taxes which
are being paid under the provisions of a stipulation, order, or confession of
judgment, or which are being appealed as provided by law, are not
considered delinquent for purposes of this subdivision if all required
payments due under the terms of the stipulation, order, confession of
judgment, or appeal have been paid.
b) If there are delinquent taxes, assessments, penalties, interest or utility fees
due on the parcel for which an approval is being sought, the City Council
shall attach as a condition to the approval being sought, a condition that said
approval shall not be effective until the delinquent amounts have been paid in
full.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 19th day of August,
1996.
ATTEST:
16200 ~~le~reek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
City Manager
Mayor
Published in the Prior Lake American on the _ day of
Drafted By: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372
ord9619.doc
, 1996.
Sec. 3. Minnesota Statutes 1994, sedon 462.35.3, is ame:-:ded by adding a subdivision to
read;
\.
SubcL 5. CERTIFY TA..~ES p..un. A municit)alitv :nay reoui.~. either as oar; of the
necessa.r; information on a.." aooIication or as a condition of a ~t of a'Ocroval. an aDt:lica.:lt
for an amendment to 3.." ol..;cial eontrol established trur:roant to sec~ons 462.351 to 462.364. or
for a oer:nit or other atroroval recuired u..~der an official cone-ol established t)~t to those
sections to c:erti...~ that there are DO deiin~.le!Jt t)ro'Ce:.. :.axes. s~eci.al assessmen~ oenalties.
L"'1teresr... aod munic: utiLiti fees due on the 'Car::el to whir:., the a'Oouc3.0on re1ate~.
... ooer:v ~ which are bein !laid under ~he orovisior.s of a s::oulator:. orde!". or confession
of jUQ2me!lt. or whic.h are bei"'1~ ;lDoe ed as 'Crovicied bv law. ~ not cor.sioered ae.ii.ncue.~t
for tltlrnoses of this subdivision if all rec:mreci t)avments are due ~cie!' the t.e..""=:S of :.he
stit)ul.atioZl.. order. confession of tud~en~ or a:ooeal have bee~ :Jaici.
Presented to the goVer:10[" Febr.:a..'j' 25, 1996.
A??["'Qved Feol""J3..ry ~. 19~.
I~;. ~L ~