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File #: RLH TA 19-366    Version: Name: 99 Milton Ave
Type: Resolution LH Tax Assessment Appeal Status: Passed
In control: City Council
Final action: 6/12/2019
Title: Ratifying the Appealed Special Tax Assessment for property at 99 MILTON STREET NORTH UNIT 1. (File No. CG1901E1, Assessment No. 190067)
Sponsors: Dai Thao
Ward: Special Tax Assessments, Ward - 1
Attachments: 1. 99 Milton St N.Letter to City.3-13-19, 2. 99 Milton St N.City Response Letter.3-19-19, 3. 93-99 Milton St.Owner Document.5-16-19.pdf
Related files: RLH AR 19-62
Title
Ratifying the Appealed Special Tax Assessment for property at 99 MILTON STREET NORTH UNIT 1. (File No. CG1901E1, Assessment No. 190067)

Hearing Date(s)
Date of LH: 5/16/2019
Time of LH: 10:30AM
Date of CPH: 6/12/2019

Tax Assessment Worksheet
Postcard Returned by: Eric Lein
Cost: $287.13
Hauling Service(s) Provided: Garbage Service Medium Cart and 3 Extra, 3 Late Fees; Oct 1 - Dec 31 2018
Garbage Hauler: Republic Services
Type of Order/Fee: Garbage Hauling
Billing Time Period: 4th Quarter 2018 (Oct 1 - Dec 31)
Invoice Date(s): Oct - MISSING / Nov - MISSING / Dec - MISSING
Returned Mail/Notice Concerns?:
Stated Reason for Appeal (if given): By enforcing payment to private haulers for so-called "service" of unnecessary empty trash carts, the assessment is: (1) fraudulent, and/or (2) made upon a demonstrable mistake of fact or law, and/or (3) in an amount in excess of the actual benefits to the property. [City Charter Sec. 14.01.4.(2)]

Staff Comments: Under citywide garbage service, all residential properties with up to four units, including rental homes and townhomes, are required to have a garbage cart and receive garbage service for each dwelling unit. Property owners must provide garbage service for all occupied dwellings. There is no option to opt out of the citywide garbage service. The City is operating under a signed contract under state statute.

Body
WHEREAS, the Office of Financial Services Real Estate Section has attached to this Council File both a report of completion outlining the costs and fees associated with Collection of Delinquent Garbage Bills for services during October to December 2018. (File No. CG1901E1, Assessment No. 190067) and the assessment roll including all properties for which these assessments are proposed for Council ratification; and

WHEREAS, the City Council’s Legislative Hearing Officer has reviewed an appeal of this assessment and developed a recommendation for the City Council with respect to this assessment; ...

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Date NameDistrictOpinionCommentAction
6/12/2019 9:22 AMEric Lein Against • Invalid Garbage Contract? The haulers’ LLC signed the contract 1-day late and missed the Council’s deadline which clearly states that the contract “…shall be signed by the LLC no later than November 13, 2017.” (See do***ents filed in district court by the City Attorney on May 6, 2019, 16:29 [re-filed with correct signatures on May 20, 2019, 16:07]. Exhibit H – RES 17-1776.)
6/12/2019 9:17 AMEric Lein Against • Azsume a 4-unit building is directly across the alley from a 1-family house and each property uses only ONE 95-gallon trash cart. The hauler’s “fixed cost” to “put the truck at the site” (one stop, two properties) is the same for each property. The hauler’s cost to “service” the 4-unit’s single cart is NOT four times higher than the cost to “service” the adjacent 1-family single cart – the City’s proposed 4x azsessment greatly and arbitrarily exceeds the benefit to the 4-unit property.
6/12/2019 9:13 AMEric Lein Against • Charges and azsessments for one, two, three or four unnecessary empty trash carts exceed the benefits to the property and violate MN Stat. Chapter 429 and City Charter Chapter 14. •• MN Stat. 429.051 – Cost may be azsessed “…based upon the benefits received…” •• Charter 14.01 – “…in no case shall the amounts azsessed exceed the benefits to the property.”
6/12/2019 9:10 AMEric Lein Against • The City and haulers have not complied with MN Stat. Chapter 443. Rates are not just and reasonable. Rates fail to take into account the character, kind & quality of service, of rubbish & method of disposition. Rates fail to take into account the number of people served. The City must issue the original invoice before exercising its azsessment authority under MN Stat 443.29. Haulers are independent contractors and not “agents, representatives or employees of the City.” Charges by haulers have not been properly billed for azsessment purposes and must NOT be certified to the county or levied against the property.
6/12/2019 9:07 AMEric Lein Against • ORD 18-40 has been suspended since October 2018 and is to be repealed. Language in force says: •• 357.05(g)(1) – “…This section shall not preclude azsessing property owners from cooperating for arranging for collection services from a licensed hauler, nor other arrangements for reasonable interruption of service.” •• Property owners who have been “sharing” or who made other reasonable arrangements must not be azsessed for unpaid trash bills issued by haulers who did not remove, collect and dispose of rubbish from the property. The Legislative Hearing Officer improperly recommended denial of appeals that should be allowed.
6/12/2019 9:02 AMEric Lein Against • ORD 18-39 (Chapter 220) should have been “suspended in its operation” (per City Charter Sec. 8.05) when the City Council adopted Resolution 18-1922 on November 14, 2018, “Finding the Petition for a referendum of ORD 18-39 is legally sufficient….” No trash bills are owed at this time in light of the properly-submitted and legally sufficient Petition. The city must legislate in good faith and carry out its obligations under the Charter. Petitioners filed a lawsuit in district court on February 7, 2019. On May 30, 2019, Judge Castro ruled that, “THE CITY COUNCIL DID NOT PROPERLY EXERCISE ITS AUTHORITY IN REFUSING TO HAVE ORDINANCE 18-39 PLACED ON THE BALLOT.” All collection activities and pending aszessments must be put on hold and/or laid over until: (1) The lawsuit, Clark vs. City of St. Paul, is decided pursuant to any and all appeals; and (2) Ord 18-39 is approved by voters in a referendum.
6/12/2019 8:58 AMEric Lein Against • ORD 18-39 (Chapter 220) was not effective until October 10, 2018, thirty (30) days following its pazzage, approval and publication. The City should not azzess for charges that arose before October 10, 2018.