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File #: RLH AR 19-62    Version: Name: Q4 Delinquent Garbage October to December 2018
Type: Resolution LH Assessment Roll Status: Passed
In control: City Council
Final action: 6/12/2019
Title: Ratifying the assessment for the City’s cost of providing Collection of Delinquent Garbage Bills for services during October to December 2018. (File No. CG1901E1, Assessment No. 190067)
Sponsors: Amy Brendmoen
Attachments: 1. Assessment Roll
Related files: RES 19-673, RLH TA 19-344, RLH TA 19-253, RLH TA 19-380, RLH TA 19-279, RLH TA 19-381, RLH TA 19-266, RLH TA 19-268, RLH TA 19-355, RLH TA 19-365, RLH TA 19-366, RLH TA 19-251, RLH TA 19-363

Title

Ratifying the assessment for the City’s cost of providing Collection of Delinquent Garbage Bills for services during October to December 2018. (File No. CG1901E1, Assessment No. 190067)

 

Body

WHEREAS, the Saint Paul City Council in Council File RES 19-673 accepted the Report of Completion for Collection of Delinquent Garbage Bills for services during October to December 2018; and

 

WHEREAS, the City Council’s Legislative Hearing Officer has considered objections of affected property owners and developed recommendations for the City Council with respect to their assessments; and

 

WHEREAS, the City Council held a public hearing on June 12, 2019 to consider ratification of the assessment roll; and

 

WHEREAS, the City Council considered and found satisfactory the assessment of benefits, costs and expenses for the services provided; now, therefore be it

 

RESOLVED, that, pursuant to Chapter 429 of Minnesota State Statutes and Chapter 60 of the Saint Paul Administrative Code, the assessments are hereby in all respects ratified with the exception of the following amendments which will be considered separately:

 

RLH TA 19-355:  950 Ashland Avenue;

RLH TA 19-363:  142 Baker Street West;

RLH TA 19-266:  1932 Bayard Avenue;

RLH TA 19-251:  2177 Fairmount Avenue;

RLH TA 19-344:  2188 Fremont Avenue;

RLH TA 19-279:  1076 Hague Avenue;

RLH TA 19-253:  1930 Jefferson Avenue;

RLH TA 19-380:  1619 Juno Avenue;

RLH TA 19-365:  93 Milton Street North;

RLH TA 19-366:  99 Milton Street North, Unit 1;

RLH TA 19-268:  1980 Standford Avenue;

RLH TA 19-381:  213 Winifred Street East; and be it further

 

RESOLVED, that the assessments be payable in one (1) installment, unless specified by the Legislative Hearing Officer’s recommended amendments.

Date NameDistrictOpinionCommentAction
6/12/2019 10:22 AMEric Lein Against MAY 30, 2019 -- CLARK, ET AL vs CITY OF ST. PAUL; RAMSEY COUNTY DISTRICT COURT, JUDGE CASTRO'S RULING includes this: Petitioners brought this Petition in an effort to have this Court order that the Referendum be immediately placed on the municipal election ballot. This Court looks to § 8.05 which states that the ordinance which is subject of a referendum must be “suspended in its operation as soon as the petition is found sufficient.” The Charter specifically outlines the method by which a referendum must be brought. Here, there is no evidence in the record that the petition presented in October 2018 was deficient in anyway. Respondents concede that the petition was sufficient. Consequently, it was an improper exercise of power for the Council to refuse to place the Referendum on the November 2019 ballot.
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 9:18 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 9:12 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 9:05 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 a****ing 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 9:03 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 8:57 AMEric Lein Against • ORD 18-39 (Chapter 220) was not effective until October 10, 2018, thirty (30) days following its p***age, approval and publication. The City should not ***ess for charges that arose before October 10, 2018.