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File #: RLH TA 19-216    Version:
Type: Resolution LH Tax Assessment Appeal Status: Passed
In control: City Council
Final action: 5/22/2019
Title: Ratifying the Appealed Special Tax Assessment for property at 549 GRAND HILL. (File No. CG1901A1, Assessment No. 190051)
Sponsors: Rebecca Noecker
Ward: Special Tax Assessments, Ward - 2
Attachments: 1. 549 Grand Hill.Letter to City.3-13-19, 2. 549 Grand Hill.City Response Letter.3-19-19, 3. 549 Grand Hill.October Notice of Non-Payment.10-31-18, 4. 549 Grand Hill.December Notice of Non-Payment.12-31-18, 5. 361 Summit Ave-549 Grand Ave.Article Re Street Asssessment.4-11-19.pdf
Related files: RLH TA 19-205, RLH TA 20-376, RLH AR 19-39
Title
Ratifying the Appealed Special Tax Assessment for property at 549 GRAND HILL. (File No. CG1901A1, Assessment No. 190051)

Hearing Date(s)
Date of LH: 4/11/2019
Time of LH: 9:00 AM
Date of CPH: 5/22/2019

Tax Assessment Worksheet
Postcard Returned by: Eric Lein
Cost: $ 294.6
Service Charge: $2.50
Total Assessment: $ 297.10
Hauling Service(s) Provided: Garbage Service for 2 Medium and 1 Large Cart; Oct 1 - Dec 31 2018
Garbage Hauler: Waste Management
Type of Order/Fee: Garbage Hauling
Billing Time Period: 4th Quarter 2018 (Oct 1 - Dec 31)
Invoice Date(s): Oct - 10/31/2018 / Nov - MISSING / Dec - 12/31/2018
Returned Mail/Notice Concerns?:
Stated Reason for Appeal (if given): (1) Assessment is in an amount in excess of the actual benefits to the property; (2) Assessment is made upon a demonstrable mistake of fact or law; (3) Part or all of the assessment is fraudulent.
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 Trash Hauling during Collection of Delinquent Garbage Bills for services during October to December 2018. (File No. CG1901A1, Assessment No. 190051) 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; and

WHEREAS, a public hearing having been condu...

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Date NameDistrictOpinionCommentAction
5/22/2019 6:36 PMEric Lein Against • Invalid Garbage Contract. The haulers’ LLC signed 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. Exhibit H – RES 17-1776.)
5/22/2019 6:34 PMEric Lein Against • Charges and ***essments 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. o--- MN Stat. 429.051 – Cost may be ***essed “…based upon the benefits received…” o--- Charter 14.01 – “…in no case shall the amounts ***essed exceed the benefits to the property.”
5/22/2019 6:29 PMEric 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 ***essment 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 ***essment purposes and must NOT be certified to the county or levied against the property.
5/22/2019 6:26 PMEric Lein Against • ORD 18-40 has been suspended since October 2018 and is to be repealed. Language in force says: o--- 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.” o--- Property owners who have been “sharing” or who made other reasonable arrangements must not be ***essed 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.
5/22/2019 6:22 PMEric 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.
5/22/2019 5:44 PMDavid Thom Against Dismiss all ***essments, the matter has yet to be decided by the courts. +1
5/21/2019 9:35 AMEric Lein Against • ORD 18-39 (Chapter 220) was “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 but that the subject matter is not appropriate to submit to the electorate.” 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. The ordinance must be suspended and submitted to a referendum, or repealed by the Council. Petitioners filed a lawsuit in district court on February 7, 2019. All collection activities and pending ***essments must be put on hold and/or laid over until: • • The lawsuit, Clark vs. City of St. Paul, is decided; and • • Ord 18-39 is approved by voters in a referendum. +4