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File #: RLH AR 19-86    Version:
Type: Resolution LH Assessment Roll Status: Passed
In control: City Council
Final action: 9/11/2019
Title: Ratifying the assessment for the City’s cost of providing Collection of Delinquent Garbage Bills for services during January to March 2019. (File No. CG1902C3, Assessment No. 190111)
Sponsors: Amy Brendmoen
Attachments: 1. Assessment Roll CG1902C3 Mailing 07.05.2019
Related files: RLH TA 19-575, RLH TA 19-579, RLH TA 19-613, RLH TA 19-612, RLH TA 19-636, RLH TA 19-595, RLH TA 19-596, RLH TA 19-597, RLH TA 19-582, RES 19-1033, RLH TA 19-552, RLH TA 19-565, RLH TA 19-580, RLH TA 19-573, RLH TA 19-584, RLH TA 19-879

Title

Ratifying the assessment for the City’s cost of providing Collection of Delinquent Garbage Bills for services during January to March 2019. (File No. CG1902C3, Assessment No. 190111)

 

Body

WHEREAS, the Saint Paul City Council in Council File RES 19-1033 accepted the Report of Completion for Collection of Delinquent Garbage Bills for services during January to March 2019; 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 September 11, 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 19-595:  852 Ashland Avenue;

RLH TA 19-613:  864 Dayton Avenue;

RLH TA 19-580:  434 Goodrich Avenue;

RLH TA 19-596:  1947 Foxridge Road;

RLH TA 19-584:  841 Holly Avenue;

RLH TA 19-575:  823 Laurel Avenue;

RLH TA 19-573:  829 Laurel Avenue;

RLH TA 19-579:  667 Lincoln Avenue;

RLH TA 19-565:  999 Lincoln Avenue;

RLH TA 19-552:  62 Mounds Boulevard;

RLH TA 19-612:  599 Portland Avenue;

RLH TA 19-582:  573 Summit Avenue;

RLH TA 19-636:  402 Superior Street;

RLH TA 19-597:  1535 Upper Afton Road; 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
9/11/2019 11:16 AMEric Lein (#3 of 3) Against /// COURT RULING. On August 22, 2019, the MN Supreme Court overruled the City’s claim and decided that the Petition for a referendum is NOT preempted by MN Statutes, is NOT an unconstitutional interference, and does NOT conflict with state public policy. /// THEREFORE: The referendum is on the ballot, AND customers are owed refunds plus compensation. /// PLEASE lay over, cancel, and/or withdraw RLH-AR-19-74, RLH-AR-19-86, and all other aszessments for the City’s cost of providing Collection of Delinquent Garbage Bills for services during January to March 2019. +1 -1 1
9/11/2019 11:14 AMEric Lein (#2 of 3) Against /// PETITION IS LEGALLY SUFFICIENT. On November 14, 2018, RES 18-1922 was adopted, “Finding the Petition for a referendum of ORD 18-39 is legally sufficient….” HOWEVER, in an attempt to bypasz the Charter’s longstanding requirements, the City Council: (1) refused to suspend ORD 18-39, and (2) refused to place ORD 18-39 on the ballot, claiming (in error) that, “…the subject matter of the Petition is preempted by Minnesota Statutes §§ 443.28 and 115A.94, is an unconstitutional interference with the Agreement between the City and the Consortium, and conflicts with state public policy…” +1 -1 1
9/11/2019 11:13 AMEric Lein (#1 of 3) Against /// PAYMENT DUE TO CUSTOMERS. Trash collection fees and charges that accrued after November 14, 2018, have been and continue to be billed and enforced in error. Customers forced to pay for service they do not want should receive: (1) refunds; and (2) compensation for time spent disputing invalid charges. /// CITY CHARTER Sec. 8.05 requires that: “Any ordinance…upon which a petition is filed…shall be suspended in its operation as soon as the petition is found sufficient. If the ordinance…is not thereafter entirely repealed, it shall be placed on the ballot at the next election…” +1 -1 1