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File #: RLH TA 19-213    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 2136 PALACE AVENUE. (File No. CG1901A4, Assessment No. 190057)
Sponsors: Chris Tolbert
Ward: Special Tax Assessments, Ward - 3
Attachments: 1. 2136 Palace Ave.Account Activity.2-5-19, 2. 2136 Palace Ave.City Response Letter.3-15-19, 3. 2136 Palace Ave.October Notice of Non-Payment.10-31-18, 4. 2136 Palace Ave.November Notice of Non-Payment.12-1-18, 5. 2136 Palace Ave.December Notice of Non-Payment.12-31-18
Related files: RLH AR 19-42
Ratifying the Appealed Special Tax Assessment for property at 2136 PALACE AVENUE. (File No. CG1901A4, Assessment No. 190057)

Hearing Date(s)
Date of LH: 4/11/2019
Time of LH: 2:30 PM
Date of CPH: 5/22/2019

Tax Assessment Worksheet
Postcard Returned by: Colleen Mlecoch
Cost: $ 38.50
Hauling Service(s) Provided: Yard Waste Service, 2 Late Fees; Oct 1 - Dec 31 2018
Garbage Hauler: Ken Berquist & Son Disposal
Type of Order/Fee: Garbage Hauling
Billing Time Period: 4th Quarter 2018 (Oct 1 - Dec 31)
Invoice Date(s): Oct - 10/31/2018 / Nov - 12/01/2018 / Dec - 12/31/2018
Returned Mail/Notice Concerns?:
Stated Reason for Appeal (if given): Did not receive an invoice for the period in question. Was not living at this property at this tiime, and was paying for garbage collection at 1799 Sargent Avenue. Believe the invoice may have been forwarded to the new address of the previous owner of 2136 Palace. Invoices that we did receive from Berquist for garbage collection services are paid in full through 03/31/2019, with a credit (see attachment).
Staff Comments: The City charges the delinquent balance to the property, not the owner. Because the previous owner left a portion of their bill unpaid, the new property owner is now responsible for the delinquent amount. The property owner can try to contact the title company to try to recover the outstanding amount the previous owner failed to pay, but the current property owner is ultimately responsible for the delinquent charge.

Legislative Hearing Staff Comments
Most recent sale recorded 9/10/18.

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. CG1901A4, Assessment No. 190057) and the assessment roll including all properties for which these assessments are proposed for C...

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Date NameDistrictOpinionCommentAction
5/22/2019 7:01 PMEric Lein Against ••ORD 18-39 was not effective until October 10, 2018. ••ORD 18-39 was “suspended in its operation” (per City Charter Sec. 8.05) when the City Council adopted Resolution 18-1922, “Finding the Petition for a referendum of ORD 18-39 is legally sufficient…” ••ORD 18-40 has been suspended since October 2018. Language in force says: “…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.” ••The City and haulers have not complied with MN Stat. Chapter 443. 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. ••Charges and ***essments for 1, 2, 3 or 4 unnecessary empty trash carts exceed the benefits to the property and violate MN Stat. Chapter 429 and City Charter Chapter 14. ••Invalid Garbage Contract signed after deadline.